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Agenda 11-21-17
The City of zax" Boynton Beach City Commission Agenda Tuesday, November 21 , 2017, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boynton-beach.org Page 1 of 754 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 to Holidays/Election Day). Page 2 of 754 1. OPENINGS A. Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Mayor Steven B. Grant 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. City Hall will be closed for the Thanksgiving holiday on Thursday, November 23 and Friday, November 24, 2017. B. Announcement by Recreation & Parks Director Wally Majors about the upcoming Holiday Events and the person that was chosen as the Grand Marshal for the Parade. Holiday Movie- Friday, December 1 - 7pm @129 East Ocean Avenue Holiday Parade- Saturday, December 2 - 4pm on Fed. Hwy Holiday Tree Lighting - Saturday, Dec. 2 - 5:30pm @129 East Ocean Ave. Holiday Boat Parade- Friday, December 8- 6pm @ 735 Casa Loma Blvd. Music on the Rocks- Friday, December 15 6pm @ 129 East Ocean Ave. C. Proclaim November 25, 2017 as Small Business Saturday. 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: 2 Regs and 2 Alts Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt Page 3 of 754 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. R17-114- Authorize the City Manager to apply for, accept, and execute all grant documents, including the Grant Agreement, subject to the approval of the City Attorney. B. PROPOSED RESOLUTION NO. R17-115- Approve and Authorize the City Manager to sign the First Amendment to the Agreement with Ultimate Bakery and Pastry, Inc. (Operator) for concessionaire services at the Links Golf Course. C. PROPOSED RESOLUTION NO. R17-116- Approve and authorize the execution of an Interlocal Agreement with the Palm Beach County Supervisor of Election for vote processing equipment use and election services. D. PROPOSED RESOLUTION NO. R17-117- Amend the FY2016-2017 Budget to adjust budgeted appropriations and revenue sources to provide spending authority for Operating and Capital Improvement Projects as needed to cover expenditures and budget transfers between departments for FY 2016-2017. E. Approve a change order in the amount of $50,000.00 to Johnson-Davis, Inc. for the North and South Roads Stormwater and Water Main Improvements project, increasing the project cost from $2,027,317.60 to $2,077,317.60. F. Approve utilizing the US Communities Contract# MA-IS-1340234 with Graybar Electric Company of the purchase for electrical parts and components for the City's lift stations for an estimated annual expenditure of $60,000. The US Communities procurement process satisfies the City's competitive bid requirements. G. Legal Expenses - October 2017 - Information at the request of the City Commission. No action required. H. Accept the written report to the Commission for purchases over $10,000 for the month of October 2017. 1. Approve the minutes from the Regular City Commission meeting held on November 7, 2017 and Special Meeting held on November 7, 2017 for a Town Square Update for the Commission. The minutes for the Town Square meeting held on November 1, 2017 to update the public are included for informational purposes. 7. BIDS AND PURCHASES OVER $100,000 A. Approve issuing purchase order for paving projects to The Paving Lady, Inc. of Boynton Beach in the amount of $98,684, plus a 10% contingency in the amount of $9,900 for a total cost of $108,584. This roadway project was divided into 6 projects in order to allow local businesses within Boynton Beach to quote on individual projects and to allow the city to award individual projects as opposed to issuing a formal bid for all projects together. 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. Approve Exeter / Sterling Records Phase III Major Site Plan Modification (MSPM 17-008) to Page 4 of 754 construct a one-story, 56,160 square foot warehouse building and related site improvements, located at 1210 SW 35th Avenue in the M-1 (Industrial) zoning district. Applicant: Allan Hendricks, Caulfield &W heeler, Inc. B. Approve Aldi Grocery Land Use and Rezoning (LUAR 17-006) to support the intended 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant Bonnie Miskel, Dunay, Miskel & Backman, LLP. 1. PROPOSED ORDINANCE NO. 17-032 - FIRST READING - Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC). 2. PROPOSED ORDINANCE NO. 17-033 - FIRST READING - Rezone from C-1 (Office and Professional) to C-3 (Community Commercial). C. Approve Aldi Grocery Variance (ZNCV 17-001) for the relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III, Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet, for a proposed Aldi Grocery Store within the C-3 Community Commercial zoning district. Applicant: Bonnie Miskel, Duany, Miskel & Backman, LLP. (This item should be postponed to coincide with 2nd Reading of the Land Use & Rezoning ordinance agenda item- LUAR 17-006). D. Approve Aldi Grocery Community Design Appeals (CD PA 17-006) from 1) Chapter 4, Article I11, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article 111, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter 4, Article 111, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article 111, Section 7.J.1. "Off-street parking locational criteria". Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. (This item should be postponed to coincide with 2nd Reading of the Land Use & Rezoning ordinance agenda item- LUAR 17-006). E. Approve Aldi Grocery Major Site Plan Modification request (MSPM 17-005) to construct a one- story, 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. (This item should be postponed to coincide with 2nd Reading of the Land Use & Rezoning ordinance agenda item- LUAR 17-006). 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R17-103- Approve Amendment to Agreement for Special Magistrate Services to increase the Special Magistrate's hourly rate. (TABLED TO NOVEMBER 21, 2017) STAFF RECOMMENDS REMOVING THIS ITEM FROM THE AGENDA. THE REQUEST FOR ARATE INCREASE HAS BEEN WITHDRAWN. 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R17-118- Authorize the Mayor to sign the First Amendment to the Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA funding of the Neighborhood Officer Policing Program for FY 17/18 for an amount not to exceed $372,000. B. Mayor Grant request approval for $500 of his Community Support Funds to be donated to the Boynton Beach Garden Club. Page 5 of 754 C. Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to Growing Strong Ministries, Inc. for their Thanksgiving food drive. 13. LEGAL A. PROPOSED ORDINANCE NO. 17-034 - FIRST READING - Adopt the Boynton Beach Administrative Amendments to the 6th Edition (2017) of the Florida Building Code. (Second reading of this ordinance will be on December 19, 2017, due to holiday publishing deadlines). B. PROPOSED ORDINANCE NO. 17-035 - FIRST READING -Approve the change in qualifying dates for candidates in upcoming municipal elections. (Second reading for this ordinance will be on December 19, 2017, due to holiday publishing deadlines). 14. FUTURE AGENDA ITEMS A. Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - December 19, 2017 B. Quarterly report on red light camera program (Oct 2017-Dec 2017) - January 2018 C. Quarterly report on govt surtax fund (Oct 2017-Dec 2017) - January 2018 D. Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission - TBD E. The Commission has requested for a representative of ATS attend a commission meeting to discuss possible additional features/services- TBD F. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Leisureville Property Rolling Green Scrub Parcel by Galaxy School Girl Scout Park G. Staff to review PBC Ordinance on Panhandlers- TBD H. Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways- TBD 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 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 Page 6 of 754 THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S.286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY IN ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1T1ONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF lT EAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 7 of 754 1.A. OPENING ITEMS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Mayor Steven B. Grant Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 8 of 754 2.A. OTHER 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 9 of 754 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: City Hall will be closed for the Thanksgiving holiday on Thursday, November 23 and Friday, November 24, 2017. EXPLANATION OF REQUEST: In observance of Thanksgiving, all City administrative offices will be closed on Thursday, November 23 and Friday, November 24, 2017. City Hall will re-open on Monday, November 27, 2017 at 8:00 p.m. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted N/A ALTERNATIVES: These two days are regularly scheduled holidays for City employees. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 10 of 754 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Announcement by Recreation & Parks Director Wally Majors about the upcoming Holiday Events and the person that was chosen as the Grand Marshal for the Parade. Holiday Movie- Friday, December 1 - 7pm @129 East Ocean Avenue Holiday Parade- Saturday, December 2 - 4pm on Fed. Hwy Holiday Tree Lighting - Saturday, Dec. 2 - 5:30pm @129 East Ocean Ave. Holiday Boat Parade- Friday, December 8- 6pm @ 735 Casa Loma Blvd. Music on the Rocks- Friday, December 15 6pm @ 129 East Ocean Ave. EXPLANATION OF REQUEST: At their meeting on November 13, the Recreation & Parks Advisory Board chose the Grand Marshal for the Annual Holiday Parade. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect FISCAL IMPACT: Budgeted Funding for the events is included in the City and CRA's budgets. ALTERNATIVES: Do not make the announcement STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 11 of 754 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Proclaim November 25, 2017 as Small Business Saturday. EXPLANATION OF REQUEST: Small Business Saturday®was created in 2010 in response to small business owners' most pressing need: more customers. Falling between Black Friday and Cyber Monday, it's a day to support the local businesses that create jobs, boost the economy and preserve neighborhoods around the country. It has since become a well-known, celebrated event on the nation's calendar with support from elected officials and public and private organizations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: None ALTERNATIVES: Not to proclaim November 25 2017 as Small Business Saturday. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Small Business Proclamation Page 12 of 754 Proclamation WHEREAS,the City of Boynton Beach,celebrates our local small businesses and the contributions they make to our local economy and community;according to the United States Small Business Administration,there are currently 28.8 million small businesses in the United States,they represent 99.7 percent of all businesses with employees in the United States, are responsible for 63 percent of net new jobs created over the past 20 years,and WHEREAS,small businesses employ 48 percent of all businesses with employees in the United States;and WHEREAS,on average,33 percent of consumers'holiday shopping will be done at small,independently-owned retailers and restaurants;and WHEREAS,91 percent of all consumers believe that supporting small,independently-owned restaurants and bars is important;and WHEREAS,76 percent of all consumers plan to go to one or more small businesses as part of their holiday shopping; and WHEREAS,the City of Boynton Beach,Florida supports our local businesses that create jobs,boost our local economy and preserve our neighborhoods;and WHEREAS,advocacy groups as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach do hereby proclaim,November 25,2017,as: SMALL BUSINESS SATURDAY IN WITNESS WHEREOF,I have hereunto set my band and cause the Seal of the City of Boynton Beach,Florida, to be affixed at Boynton Beach Florida,the 21s'day of November,Two Thousand Seventeen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 5.A. ADMINISTRATIVE 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student(Stu) and Nonvoting Stu (N/V Stu) openings east: Arts Commission: 2 Alts Building Board of Adjustments&Appeals: 2 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: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 14 of 754 ATTACHMENTS: Type Description D Other Appointments 11-21-17 Page 15 of 754 APPOINTMENTS AND APPLICANTS FOR NOVEMBER 21, 2017 Arts Commission IV Casello Alt 1 yr term to 12/17 Tabled (2) Mayor Grant Alt 1 yr term to 12/17 Tabled (2) Applicants None Building Board of Adjustments and Appeals Mayor Grant Alt 1 yr term to 12/17 Tabled (2) 1 Katz Alt 1 yr term to 12/17 Tabled (2) 11 McCray Reg 3 yr term to 12/17 Tabled (2) III Romelus Reg 3 yr term to 12/18 Tabled (2) Applicants None Employee Pension Board I Katz Reg 3 yr term to 12/17 Tabled (3) Applicants None Library Board 11 McCray Alt 1 yr term to 12/17 Tabled (3) Applicants None Senior Advisory Board II McCray Alt 1 yr term to 12/17 Applicants None Page 16 of 754 6.A. CONSENTAGENDA 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-114-Authorize the City Manager to apply for, accept, and execute all grant documents, including the Grant Agreement, subject to the approval of the City Attorney. EXPLANATION OF REQUEST: The Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $40,000 in sub-grant funding for the 2017-18 funding cycle under the speed & aggressive driving priority area. The funding is allocated for overtime. Approval of this award will allow our agency to conduct"zero tolerance" enforcement operations in high frequency crash fatality locations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? With rapid growth and expansion there comes a need to further enhance our efforts to reduce traffic crashes, fatalities and injuries that are related to speed & aggressive driving through enforcement and education. The Boynton Beach Police Department will review crash data to determine high frequency locations and conduct"zero tolerance" enforcement operations. The Boynton Beach Police Department will also conduct education initiatives to raise awareness in regards to traffic safety, speed and aggressive driving. Traffic crash data will be reviewed and a special emphasis will be made to raise traffic safety awareness with the population group by targeting an area to solicit traffic safety information and guidance. FISCAL IMPACT: Non-budgeted No fiscal impact. ALTERNATIVES: Do not accept the awarded funding. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: n/a CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: n/a Is this a grant? Yes Grant Amount: $40,000 Page 17 of 754 ATTACHMENTS: Type Description D Resolution Resolution appro\4ng FDOT Grant D Agreement Award documents D Letter Award Notification Letter D Other signature pages Page 18 of 754 1 RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 APPLY FOR, ACCEPT AND SIGN ALL DOCUMENTS 6 ASSOCIATED WITH THE FLORIDA DEPARTMENT OF 7 TRANSPORTATION (FDOT) STATE SAFETY OFFICE 8 ASSOCIATED WITH THE GRANT ACCEPTANCE AND 9 GRANT AGREEMENT SUBJECT TO THE APPROVAL 10 OF THE CITY ATTORNEY FOR SPEED AND 11 AGGRESSIVE DRIVING SAFETY PROGRAM IN THE 12 AMOUNT OF $40,000; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 16 WHEREAS, the Florida Department of Transportation (FDOT) State Safety Office 17 has selected the City of Boynton Beach to receive $40,000 in subgrant funding for the 2017-18 18 funding cycle under the speed and aggressive driving priority area; and 19 WHEREAS,the funding is allocated for overtime; and 20 WHEREAS, upon recommendation of staff, the City Commission has determined 21 that it is in the best interests of the residents of the City to authorize the City Manager to 22 apply for, accept and sign all documents associated with the Florida Department of 23 Transportation (FDOT) grant in the amount of$40,000 for the Speed and Aggressive Driving 24 Safety Program. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\BF226F23-8F2D-4C5F-BA7D-41D29ECAOFAD\Boynton Beach.7719.1.FDOT_Speed_and_Agressive_Driving_Program_Grant_-_Reso.doc Page 19 of 754 31 hereby authorize the City Manager to apply for, accept and sign all documents associated with 32 the Florida Department of Transportation (FDOT) grant in the amount of $40,000 for the 33 Speed and Aggressive Driving Safety Program, a copy of which is attached hereto as Exhibit 34 "A". 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of , 2017. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor—Justin Katz 44 45 Commissioner—Mack McCray 46 47 Commissioner—Christina L. Romelus 48 49 Commissioner—Joe Casello 50 51 52 VOTE 53 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 62 63 (City Seal) 64 65 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\BF226F23-8F2D-4C5F-BA7D-41D29ECAOFAD\Boynton Beach.7719.1.FDOT_Speed_and_Agressive_Driving_Program_Grant_-_Reso.doc Page 20 of 754 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(FDOT) 500-065-01 FETY SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS SA07117 For FDOT Use Only Project Number: SC-18-13-20 FDOT Contract Number: GOP23 Federal Funds Awarded, $40,000.00 FDOT DUNS Number: 80-939-7102 Federal Award Identification Number(FAIN): I FAIN Award Date: Subgrant Award (Start) Date: Subgrant End Date: 9/30/2018 Amendment Number and Dates: y Part 1: GENERAL ADMINISTRATIVE INFORMATION (See instructions) 1. Project Title.- Boynton Beach Speed &Aggressive Driving Program Z Federal Total Funding: $40,000.00 Match-, $0.00 cost.. $40,000.00 I Subrecipient Agency,- 4. Implementing Agency: Name: City of Boynton Beach Name: Boynton Beach Police Department Address Line 1: 100 E. Boynton Beach Blvd. Address Line 1: 100 E. Boynton Beach Blvd, Address Line 2: Address Line 2: City: Boynton Beach City: Boynton Beach State: FL State: FL Zip: 33435-310 Zip: 33435- 310 5, Federal ID Number or 29 Digit FLAIR Account Number(State Agencies)-59-6000282 .......... 6. DUNS Number:072247133 7. Chief Financial Officer 1 8. Project Director: Name: Mara Frederiksen Name: Officer Jaclyn Smith Address Line 1: 100 E. Boynton Beach Blvd. Address Line 1.- 100 E. Boynton Beach Blvd. Address Line 2: Address Line 2: City: Boynton City: Boynton Beach State'. State: FL Zip-, 33435 - 310 Zip: 33,435 -310 Telephone No: (561) 742 - 6312 ext. Telephone No: (561) 742 - 6195 ext, E-Mail Address: frederiksenm@bbfl.us E-Mail Address: Smithja@bbfl.us 9. Financial Reimbursement Contact- 10. Project Activity Contact: Name: Officer Jaclyn Smith Name: Sgt. Phillip Hawkins Title: Grant Manager Title: Traffic Sergeant Telephone Number: (561) 742 - 6195 ext, Telephone Number: (561) 742 - 6011 ext, E-Mail Address: Lmhj'a@bbfi.us E-Mail Address: hawkinsp@bbfl.us �it 11, Payment Remittance Address: Address Line 1: 100 E. Boynton Beach Blvd Address Line 2: City: Boynton Beach State: FL Zip: 33435- 310 Page 21 of 754 500-065-01 SAFETY 07117 Part 11: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings,- 1. Statement of the Problem 2. Proposed Solution 3. Project Objectives 4, Evaluation Statement of the Problem The City of Boynton Beach is located along the Atlantic Coast in the southern part of Palm Beach County. The city has approximately 70,000 year round residents. During the winter months there is a sharp increase with part time residents and tourists. The city is approximately 16 square miles and lies between West Palm Beach, 10 miles to the north and City of Miami, which is approximately 50 miles to the south. The City of Boynton Beach has 9 major roadways, including Boynton Beach Blvd. (SR804), which is the main roadway that has exit/entrance to 1-95 and Florida's Turnpike. According to the Florida Department of Transportation Highway Safety Matrix for fatal and injury crashes during 2011- 2015 our jurisdiction ranked 23 out of 99 for speed and aggressive driving related crashes, 25 out of 99 for impaired driving related crashes, 13 out of 99 for occupant protection related crashes and ranked 22 out of 99 for pedestrian or bicycle related. In addition, the overall total fatality and serious injury related crashes ranked 24 out of 99. SUPPORTING DATA: 2014 2015 2016 Toatl crashes with fatalities: 4 9 11 Total injury crashes: 506 583 693 Total crashes: 2843 3111 3338 Total speeding citations: 1536 759 504 Total safety belt citations: 434 288 172 Total overall citations: 8613 6278 4613 moving/non-moving Proposed Solution The Boynton Beach Police Department believes that the success of any traffic safety program is not solely hinged on either component of enforcement, education or engineering. This program aims to reduce traffic crashes, fatalities and injuries that are speed related by the implementation of all of these components. The Boynton Beach Police Department will review crash data on weekly basis in order to determine high frequency crash and fatality locations throughout our jurisdiction, and then we will develop schedules for traffic personnel to conduct ,.zero tolerance" overtime enforcement operations at those locations. The project director will be responsible for ensuring that the data is reviewed each week, in order to review for any possible changes to the list. Our agency will commit to locating and targeting 10 total locations for this program. In addition, the project director will be responsible for distributing this top 10 list to all traffic personnel so that they can concentrate on these specific areas, which will increase law enforcement presence. The Boynton Beach Police Department will also conduct education initiatives in local high schools, senior centers, business, civic organizations and public forums to raise awareness with speed related issues. The police department will determine through a review of our traffic crash data which population groups are involved in a majority of the traffic crashes that occur within our jurisdiction. A special emphasis will be made to raise traffic safety awareness with this Page 22 of 754 500-065-01 SAFETY 07117 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings-, 1. Statement of the Problem 2. Proposed Solution 3. Project Objectives 4. Evaluation ............ population group by targeting an area to solicit traffic safety information and guidance. In order to facilitate the delivery of this traffic message, the Boynton Beach Police Department will partner with local resources such as the Community Traffic Safety Team, the Law Enforcement Liaison Program, neighboring law enforcement agencies and local media outlets. The Boynton Beach Police Department will also participate in any statewide public awareness and enforcement campaigns sponsored by the Florida Department of Transportation Safety Office. Project Objectives By the end of the grant period (September 30, 2018) this project will: 1. Reduce the number of speed-related motor vehicle crashes in the City of Boynton Beach compared by at least 5% when compared to the previous three year average. 2. Increase speed-related overtime enforcement contacts by 10% compared to the same period in 2016/17. 3. Conduct a minimum of 30 high visibility speed-related overtime enforcement patrols, in data driven high speed fatality related areas. 4. At a minimum, conduct at least 3 hours of speed-related overtime enforcement operations per week. Evaluation The project will be evaluated by: 1. The number of speed-related motor vehicle crashes in the City of Boynton Beach is reduced by at least 5%when compared to the previous three year average. 2. The number of speed-related overtime enforcement contacts compared to the same period in 2016/17. 3. The number of high visibility speed-related overtime enforcement patrols conducted. 4. The number hours of high visibility speed-related overtime enforcement patrols conducted. Amendment Number: (FDOT Only) Effective Date: (FDOT Only) Page 23 of 754 500-065-01 SAFETY 07117 Part III: PROJECT DETAIL BUDGET Project Title: —5BLoy�nton Beach-Speed &Aggressive07riving Program —-—--- Project Number: SC-18-13-20 FDOT Contract Number: GOP23 Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY 1JARRATIVE TOTAL FEDERAL MATCH COST FUNDS A. Personnel Services Salary for Officer Overtime Salary for Officer Overtime for $40,000 $40,000 $0 for Enforcement Operations Enforcement Operations $ 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 $oi $0 Subtotal $40,000 $40,000 f $ 0 B. Contractual Services $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $ 0 $ 0 $ 0 C. Expenses $ 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 $0 $ 0 $o $0 $ 0 $0 $0 $ 0 $o $0 $ 0 so $o $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 1 $0 $ $0 0 $0 Subtotal $ 0 $ 0 $ 0 Amendment Number: (FDOT Only) Effective Date: (FDOT Only) Page 24 of 754 500-as-01 SAFETY` +0707 Part III: PROJECT DETAIL BUDGET Project Title: _Boynton each Speed &?A�ressive Driving Program Project Number: SC-18-13-20 FDOT Contract Number: GOP23 Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY NARRATIVE TOTAL FEDERAL MATCH COST FUNDS D, Operating Capital Outlay $ 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 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $ 0 $ 0 $, 0 E. Indirect Cost $ 0 $0 $0 Subtotal $ 0 $ 0 $ 0 Total Cost of Project $40,000 $40,000 $ 0 Amendment Number: (FDOT Only) Effective Date: (FDOT Only Page 25 of 754 500-065-01 SAFETY Wil 7 PART IV: PERFORMANCE REPORT Project Title: Boyn#on Beacf7"Speed_&Aggressive ro ................. ......... Project Number-, SC-18-13-20 FDOT Contract Number: GOP23 Minimum Performance Standards The following are the minimum performance standards required in this subgrant agreement.The status of these standards will be reported using FDOT form number 500-065-19 Performance Report and shall be included with each request for reimbursement. 1. Conduct enforcement operations for Boynton Beach Speed&Aggressive Driving Program 2. Provide performance reports. I Submit request(s)for financial reimbursement. 4. 5. 6. 7. 8. National Highway Traffic Safety Administration(NHTSA)Required Activity Reporting The following statistics are required reporting for any traffic safety enforcement grant, (enforcement grants only) This information must be reported in the final narrative report FDOT form 500-065-20 and provided by October 31 1. Number of seat belt citations issued during subgrant-funded enforcement activities. 2. Number of impaired driving arrests made during subgrant-funded enforcement activities, 3. Number of speeding citations issued during subgrant-funded enforcement activities. Amendment Number: (FQ0T.0njy) Effective Date: .....(FOOT Only) Page 26 of 754 5DO-065-m 07J1 Part V: Acceptance and Agreement Conditions of Agreement. Upon approval of this Subgnantfor Highway Safety Fundn, the following terms and conditions shall become binding. Noncompliance will result in Joss of, or delays in, reimbursement of costs as set forth herein. 1. Reports. A Performance Report (FDOTForm No. 500-085-13) shall be provided with each request for financial roimbumonaeN, providing the status of the mubQrent minimum performance standavde, as described Pert |V of this subg:snt agreement. A Final Narrative Report (FD[)T Form No. 500-065-20). giving a chronological history of the mubgrant edivbien, problems encountered, major accomplishments, and NHTSA Required Activity Reporting shall be submitted by October 31. Requests for reimbursement will not be processed and will be returned to the Bubreoipient or Implementing Agency au unpaid if the required reports are not prowideo, following notification. 2. Responsibility of Subpec1p|ent. The Suboscipient and its Implementing Agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting ofmubgran1 funds and required non-federal expenditures. All monies spent on this project ahm# be disbursed in accordance with provisions of the Project Detail Budget as approved by the FOOT State Safety Office. All expenditures and cost accounting of funds shall conform to CFR. Part 208. Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awardm, herein incorporated by reference, (hereinafter referred to as Applicable Federal Law), 3. Compliance with Chapter 287, Florida Statutes (FS). The Subreoipi*mt and Implementing Agency agree to comply with all applicable provisions of Chapter 287. Florida Statutes. The following provisions are stated in this agreement pursuant tosections 287,133(2)(a) and 287.134(2)(a). Florida Statutes. (a) Section 2B7.1J3 (2)(a), F.S. Apenaon nraffiliate who has been placed on the convicted vendor list following oconvkction for o public entity crime may not submit a bid, proposal, or reply on econtract 10 provide goods or services to u public entity; may not submit bid, proposal, or reply on a contract with a public entity for the construction or repair ofa public building orpublic work; may not mubnnd bidm, pvopooeim, or replies on leases of real property toa public entity; may not be awarded or perform work amecontractor, aopp|ier, swboon(nmc1ur, or consultant under contract with any public entity-, and may not transact business with any public entity in excess of the threshold amount provided in a. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), FS. An entity oraffiliate who has been placed on the discriminatory wandcx list may not submit a bid, proposal, or reply on econtract tuprovide any goods orservices bo o public entity; may not submit e bid, proposal, or reply ona contract with a public entity for the construction or repair of a pub,|io building or public work-, may not submit bide, ppoposa|e, or replies on |eoaea of nsa] property to a public entity: may not be awarded or perform work as a contractor, mmppU*r, auboontnsotor, or consultant under e oonrnsot with any public entity-, and may not transact business with any public entity, 4. Approval of Consultant and Contractual Service Agreements. Prior to the execution of any contractual service agreements and prior to the actual employment of the consultant or the contractor by the Smbreoipien1 or Implementing Agency, All consultant and contractual services agreements must be submitted to the FDQT Safety Office in draft form for review and approval, Approval of the subgrant does not constitute mppmomsV of o consultant or contractual eemioo agreement. All contractual service agreements mbaU include as a minimum the following information: (a) Beginning and end dates of the agreement (not to exceed the subgrant period)� (b) Total contract amount, (c) Scope ofvoonk/8emioea to be provided-, (d) QuontifiabUe, roeaoureab|e and verifiable units of deliverables-, (e) Minimum level of service to be performed and criteria for evaluating successful!completion-, (f) Budget/Cost Ana|ysis', and (g) Method ofcompensation/Payment Schedule. 7 Page 27 Of 754 500-065-m SAFETY mnr All contractual service agreements shall contain the following statement: The parties hothis contract shall be bound by all applicable sections ofPart V: Acceptance and Agreement of Project # (insert project number). FDOT Contract#(insert contract number), Afima8 invoice most be received by (insert date) or payment will be forfeited. 5. Ai|ovvmb|e Costs. The allowability ofcosts incurred under any mubgnant aheU be determined in accordance with the general principles of allowability and standards for amlao1ed cost items set forth in the Applicable Federal Lam. state Kmw/, and the FDOT Disbursement Handbook. bobeeligible for reimbursement, All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the 8wbnnuipient, Only costs directly related tosubgnamt shall be allowable, 6. Travel. Travel costs for approved travel shall be submitted on the FDOT Contractor Travel Form (FDOT Form No. 300-000-08) or other approved Florida Department nfFinancial Services form and will be reimbursed in accordance with Section /12.067. F,Sand the most current version ofthe Disbursement HandbookfovEmployeas and Managers. All ou1-of-mtatetravel, conference travel, meeting travel which includes a registration fee, and/o/ out-of-subQoant-opooified work area travel shall require written approval of the FDOT State Safety Office prior to the incurring of actual travel costs as being within the travel budget of the project and relevant tothe project. Out-of-state travel shall not be approved unless the specific trip is in the approved mubgrant budget or the head of the Implementing Agency provides sufficient justification to prove that the travel will have significant benefits to the outcome of the oubgramt activities, The FDOT State Safety Office shall not pay for overnight lodging/hotel room rates that exceed $150.00 per night (before taxes and fees). A Subrecipimmt and/or traveler will be required to expend his or her own funds for paying the overnight lodging/hotel room nate in excess of $150.00 p|ma the applicable percentage of fees (other than flat fees). If multiple travelers share a room and the individual cost ofthe |odging/hote| exoeeds the $150 per night limit, the Subrenipient and/or travelers will be required to expend his or her own funds for paying the excess amount |fanother entity is covering the cost of the overnight lodging/hotel then this paragraph does not apply. 7- Subgnant Amendments. The Subnaoipient or Implementing Agency shall obtain prior written approval from the FDOT State Safety Office for changes tmthe agreement, Amendments to the agreement will be approved which achieve or improve upon the outcome of the mubgmantwork, urwhere factors beyond the control of the Bu6rec|piant require the change. For example (a) Changes in project activities orperformance indicators set forth in the approved subgnamt. (b) Changes in budget items and amounts set forth in the approved oubQnan{, (o) Changes to personnel in positions that are being reimbursed by this agreement. Amendments to the eubQmsnt agreement shall be in the form of written request signed by the Authorized Representative of the Gubneoipient or the Administrator of the Implementing Agency. Delegations of signature authority will not be accepted for amendment requests without prior written approval. 8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the SubneoipientohuU be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. An detailed in 49 CFR, Part 29, Governmnentmide Debarment and Suspension (NmnproouremenQ and Governmenhmide Requirements for Drug-Free Workplace (Grants), herein incorporated by reference, the Smbrenipiant shall not be reimbursed for the cost of goods or services received from uomtmautons, oonau|tanta, vendors, or individuals auopended, debarnad, or mthonwine excluded from doing business with the Federal government. The Gubnooipient or its Implementing Agency shall submit the required oari§catiom by consultants with awards in euoene of the small purchase threshold fixed at 10 U.S.C, 2304(g) and 41W.SZ, 253(g) (currently$26.8DO). 9. Excusable Delays. Except with respect tothe defaults ofSubnscipien1'a or Implementing Agency's consultants and contractors which shall beattributed to the Subveoipient. the Subreoipiemtend its Implementing Agency shall not be in default by reason of any failure in performance of this agreement in accordance,with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Subreoipientorits Implementing Agency. Such causes are acts of God or of the public anemy, acts of the Government in either its sovereign or contractual capacity, R Page 28 Of 754 500-065-m SAFETY »»7 fires, floods, epidemics, quarantine restrictions, strikes, fna0hd emborJoen, and unusually severe weather, but in case the failure to perform must be beyond the control and without the fault or negligence of the Sub-`-- every ip�ent failure to perform in caused by the failure of the 3ubmydpient's or its Implementing Agency's oomouha—' - contractor ~ ^ ~ perform or make progress, and if such failurearisesout of causes beyond the control of the bme:i-~'�`-� - i`its ~ Implementing Agency and its consultant or contractor, and without the fault or negligence of any of them, the 8u----,ie~` shall not be deemed to be in default, unless (1) the supplies oreemimauto be furnished by the oonau|--n- orcontractor obtainable from other sources, (2) State�DOT 8\eSafety Office shall have ordered the 8----oip- -~ ient or Implementing Agency in writing to procure such supplies or services from other sources, and (3) the oi-��t~-r '~ � |nnp�men�mgAgencyehd| hmvefai�dtouomp1ymeaaomeb�wbhauchorde� ,—' Upon request of the Subnaoipienl o/ its |rnpUonn*n§ng Agency, the FDOT Stat* Safety Office shall ascertain the facts and extent of such failure and, if it sMa88 be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall berevised accordingly, 10. Obligation ufSubgmaotFunds. Subgrant funds shall not be obligated prior to the effective date or subsequent to the end date of the aubgmant period. Only project costs incurred on or after the effective date and on or prior to the end date ofthe awbgnontare eligible for reimbursement. Aoost is incurred when the SubrecipienYa employee, ha ImplementingAgency. or approved contractor or consultant performs the service required or when goods anereceived by the Subreoipient or its Implementing Agency, notwithstanding the date of order. 11. Performance. In the event of defem8, noncompliance, or violation of any provision of this agreement by the Subnecipiert. the Implementing Agency, the Subreoipimnt'o consultant(s) or contractor(s) and supplier(s), --the�G-'ubrecipien~ t agrees that the Department will' impose sanctions. Such sanctions include withholding of reimbursements, retainage, imwhole orinpart. |nsuch onevent, the Department shall notify the Gobneuipiemt and its Implementing Agency of such decision 3D days in advance ofthe effective date of nuo' sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability ro remedy, and the effect onthe project. The Subreoipimntshall bepaid only forthose services satisfactorily performed prior*z -~ effective date ofsuch sanction. 12, Access to Public Records and Monitoring. The Departnnant, National Highway Traffic Safety Administration (NHTSA). Federal Highway Administration (FHWA). Chief Financial Officer (CFO). and Auditor General (4G) of the State of Florida, or any oftheir duly authorized pepoaaemtmtivea, mhmU have eouoou for the purpose ofaudit and exannime0iuo of booka, douumon\s, pnpom, and records of the Subreoipient and its Implementing A0enny, and to relevant books and nsoondm of the Subreuipient. be Implementing Agenoy, and its consultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review ofaudits conducted in accordance with 2 CFR Part 200. herein incorporated by reference, monitoring procedures imo|ude, on-site visits by Department staff, limited scope audits as defined by CFR Part 200, status checks ofsmbgnant activity via telephone calls from FQOT State Safety Office staff to Gubnacipien\n. By entering into this agreement, the Subreoipient and its Implementing Agency agree to comply and cooperate with monitoring procedures. In theeventthato |imited *copeauditofthoGmbrecipientorito |mp|ement�gAgenoyispe�urmed. theSub`--'p-�-ientag'eem to bring the project into compliance with the aubgnsnt agreement, The Subvecip/ent furtherher agrees comply and cooperate with any inspections, reviewe, investigations,ons. oraudita deemed necessary by the Chief Financial or AudNorGemenai � - The Subrecipient and Implementing Agency agree to comply with all provisions provided in Chapter 119 Florida Statutes, If the Gubpeoipian{ receives a public records request concerning its work undertaken pursuant to this Department oubgnant. the Subreoipient must take appropriate action as required by Chapter 119, Florida Statutes. If the Subrooipien is unable to ascertain how best to comply with its ob[igationo, it should seek the advice of counsel end/or FOOT 8to^` ~ Safety Office. The Department shall unilaterally oenma| this eubgnan1 if the Subredpiend or its Implementing Agency refuses to allow public access &zall documents, papers, letters, orother material subject 10the provisions ofChapter 11B. FS and made orreceived bythe 5mbrec|pientorits |mp|emendngAgency inconjunction whhthis subQremt. ' Records of costs incurred under the terms of this mubgmant shall be maintained and made available upon request tothe Department otall times during the period ofthis mubgnantand for five years after final payment immade, Copies mfthese documents and records ohoU be furnished to the Department upon request, Records of costs incurred include the Other Party's general accounting records and the project records, together with supporting documents and records, of the 9 Page 29 Of 754 Soo-M5_01 SAFETY mxr contractor and all subcontractors performing vvomh on the project, and all other records of the Contractor and subcontractors considered necessary by the Department fora proper audit ofcosts. 13. Audit. The administration of resources awarded through the Department bothe Subrouipient bythis Agreement may be subject to audits and/or monitoring by the Department The following requirements do not limit the authority of the Department to conduct or arrange for the oonduct of additional audits or evaluations of Federal amende or limit the authority of any State agency inspector general, the State of Florida Auditor General o/ any other State official. The Subrecipient shall comply with all audit and audit reporting requirements as specified below, (a) In addition to reviews of audits conducted in accordance with DMB Circular A-133, for fiscal years beginning before December 26. 3014. and in accordance with 2 CFR Pad 200, Subpart F -Audit Reqmirements, for fiscal years beginning unorafter December 28. 2O14. monitoring procedures may include but not belimited boon-site visits by Department staff and/or other procedures ino|uding, reviewing any required performance and financial reports, following mp, ensuring corrective motion, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal owm,da provided through the Department by this Agreement. By entering into this Agreement, the Subrecipient agrees to comply and cooperate /uUV with any monitoring procedures/processes deemed appropriate by the Department. The 8ubaoripiemt further agrees to comply and cooperate with any imopootions, reviewo, investigations, or audits deemed necessary by the Department. State of Florida Chief Financial Officer(CFO) orState cf Florida Auditor General, (b) The Subneoipian1, a non-Federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26. 2014, and as defined by 2 CFR Part 200. Subpart F - Audit Requirementw, for fiscal years beginning on or after December 26, 2014. as a Subn*oipient of Federal award awarded by the Department through this Agreement is subject tothe following requirements: (1) In the event the 8ubnecipiemt expends a total amount of Federal awards equal to or in excess of the threshold established byOMB Circular A,133' for fiscal years beginning before December 28. 2814. and established by 2 CFR Part 200. Subpart F - Audit Requirennemto, for fiscal yomm beginning on or after December 28. 2014. the Subvaoipient must have a Federal single or program-specific audit for such fiscal year conducted in accordance with the provisions of DMB Circular A-133. for Mmoa| years beginning before December 28. 2814, and in accordance with the provisions of CFR Pad 200. Subpart F -Audit Reqoinaments, for fiscal years beginning on or after December 26` 2014. Part V| to this Agreement provides the required Federal award identification information needed by the Subm*cipiont to further comply with the requirements of (]K8B Circular A,133. for 0moak years beginning before December 26. 2014. and the requirements o/ 2 CFR Port 200. Subpart F - Audit Requinanments, for fiscal years beginning on or after December 26, 2014. In determining Federal awards expended in efimca| year. the Subreoipient must consider all ooumon of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department bythis Agreement, The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A,133, for fiuuu| years beginning before December 26. 2014. and established by 2 CFR Part 200. Subpart F - Audit Requiremnentm, for fiscal years beginning on or after December 26, 2014. An audit conducted by the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26. 2014. and in accordance with 2 CFR Part 200. Subpart F -Audit Requinememtm, for fiscal years beginning on or after December 2Q. 2O14. will meet the requirements ofthis part, (2) In connection with the audit requirements, the Subreoipient shalt fulfill the requirements me|ed*o to the awdi&ae responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 2G. 2O14. and aaprovided in2CFR Part 2OO. Subpart F -Audit Requirements, for fiscal years beginning omorafter December Z6. 2014. (3) In the event the Subrmoipien\ expends |eaa than the threshold established by C)K8B Circular A-133, for fiscal years beginning before December 2G. 2O14. and established by2CFR Part 20O. Subpart F-Audit Requinementu, for fiscal years beginning on or after December 26. 2014. in Federal awards, the Subneoipiemt is exempt from Federal audit requirements for that fiscal year. However. the Submmdpier8 '//um1 provide o single audit exemption statement to the Department at EPDLT no later than nine months after the end of the Gubneoipient'o audit period for each applicable audit year. In the event the Subrecipiemt expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 28, 2014. and established by 2 CFR Part 200. Subpart F - Audit 10 500-m5-01 SAFETY 070 Requ|naoents, for fiscal years beginning on or after December 26, 2014L in Federal awards in a fiscal year and ehec��bohave enoudhconducted inaccordance w�hthe provisions of[>��BCi�u&arA-133. for f|ooa| years beginning before December 26, 2014. and in accordance with 2 CFR Part 200. GubpertF — Amdit Requinamemta, for fiscal years beginning on or after December 26, 2014' the cost of the audit must be paid from non-Federal resources (ie., the cost of such an audit must be paid from the Sobosuipient's resources obtained from other than Federal emhtien). (4) The Subm*uipien1 must electronically submit to the Federal Audit Clearinghouse (FAC) at h t tp�s/ the audit reporting package as required by OMB Circular A-1 33, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F—Audit Requirements, for fiscal years beginning on or after December 26, 2014, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period, The FAC is the repository of record for audits required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F — Audit Requirements, for fiscal years beginning on or after December 26, 2014, and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to EP91.���dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit pehod as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F —Audit Requirements, for fiscal years beginning on or after December 26, 2014, (6) Within mix months of acceptance of the audit report by the FAC. the Department will review the @ubreoipienfs audit reporting peokage, including corrective action plans and management |etterm, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Smbveoipiont fails to have an audit conducted in accordance with OMB Circular A-1 33, for fiscal years beginning before December 26. 2014. and in accordance with 2 CFR Part 200. Subpart F —Audit Requirements, for fiscal years beginning on or after December 26, 2014. the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce oonop|ianuo, which actions may include but not belimited tothe foQmwing-, 1, Temporarily withhold oomh payments pending correction ofthe deficiency bythe Agency ormore severe enforcement action bythe Department; 2, DiaaHmw (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity oraction not inoump|iance� 3. Wholly orpartly suspend orterminate the Federal award� 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding beinitiated bythe Federal awarding agenoy): 5. Withhold further Federal awards for the Project or program-, G� Take other remedies that maybe legally available. (G) An e condition of receiving this Federal award, the Bubmaoipient shall permit the Oepartment, or its designee, the CFO or State ofFlorida Auditor General access to the Subneoipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findingu, appeals or litigation shall be retained until the action is complete urthe dispute iaresolved. (7) The Department's contact information for requirements under this pert is as follows: Office of Comptroller, MS 24 GO5Suwannee Street Tallahassee, Florida 32399-0450 (m) The Swbrenipien1 mhe|| retain sufficient records demonstrating its compliance with the terms ofthis Agreement for o period of five years from the data the audit report is issued and shall allow the Department, or its designee. the CFO o/ State ofFlorida/\uditor{�eno/e8 access to such records upon request. The 8ubrecipient shall ensure'that \ l Page 31 Of 754 500-065-01 SAFETY 07117 the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 14. Cooperation with Inspector General. The sub recipient agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20,055(5), Florida Statutes, 15. Retention of Records. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, or Auditor General access to such records upon request. The Subrecipient shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section 18.42 or 49 CFR, Section 19,53. 16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department (FDOT Form Numbers 500-065-04 through 09 and 19) unless otherwise approved. Forms must be completed in detail sufficient for a proper pre-audit and post audit based on the quantifiable, measurable, and verifiable units of deliverables and costs, including supportive documentation. Deliverables must be received and accepted in writing by the MOT State Safety Office prior to payments. The Subrecipient or its Implementing Agency should submit financial reimbursement forms to the FDOT State Safety Office at least once each quarter as costs are incurred and payment is made. The only exception is when no costs are incurred during a quarter. At a minimum, reimbursement for subgrants with personnel costs should be made after every two pay periods if paid bi-weekly. Reimbursement of personnel costs should be requested monthly if payroll is on a monthly basis. Failure to submit reimbursement requests in a timely manner may result in the subgrant being terminated. ALL requests for reimbursement shall include FDOT Form 600-065-019 Performance Report for the period of reimbursement. All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record (FDOT Form No, 500-065- 09). Reimbursement of Operating Capital Outlay costs shall not be made before receipt of this form. All requests for reimbursement shall be signed by an Authorized Representative of the Subrecipient or the Administrator of the Implementing Agency, or their delegate. A final financial request for reimbursement shall be submitted and/or postmarked no later than October 31 following the end of the subgrant period. Such request should be distinctly identified as Final, Failure to submit the invoice in a timely manner shall result in denial of reimbursement. The Subrecipient agrees to forfeit reimbursement of any amount incurred if the final request is not submitted and/or postmarked by October 31 following the end of the subgrant period. Subrecipients, providing goods and services to the Department should be aware of the following time frames. The FDOT State Safety Office has a 30-day review process to approve goods and services that starts on the date of receipt of financial reimbursement request. After that review and approval, the Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. Financial reimbursement requests may be returned if not completed properly. If a payment is not available within 40 days from the FDOT State Safety Office approval, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the financials reimbursement request amount, to the Subrecipient. Interest penalties of less than one (1) dollar will not be enforced unless the Subrecipient requests payment. Financial reimbursement requests that have to be returned to a Subrecipient because of Subrecipient preparation errors will result in a delay in the payment. The financial reimbursement request payment requirements do not start until a properly completed financial reimbursement request is provided to the Department, 12 Page 32 of 754 500-065-m SAFETY »»" Reimbursement shall be made only after receipt and approval of goods and services. |fthe Department determines that the performance of the Subrecipierk is unsatisfactory, the Department shall notify the 8ubreoipiemf of the deficiency to be cornacted, which correction shall be made within atime-frame to be specified by the Department. The Subrecipiemt ahaU, within five days after notice from the Department, provide the Department with a morneot|wa action plan describing how the SubnacipientvviN address all issues ofeubQnant non'perfonmanca, unacceptable perfomnanoe, failure to meet the minimum performance |eve|s, deliverable defioiemoiom, or oubgrant non-compliance. If the corrective action plan is mnaom*pheb|e to the Department, the Subrecipient shaUl be assessed a non-performance retainage equivalent to 10% of the total financial reimbursement request, The retainage shall be applied to the financial reimbursement request for the then current billing period. The retainage ahoQ be withheld until the Subreoipient resolves the deficiency. If the deficiency is subsequently resolved, the Subnecipient may bill the Department for the retained amount during the next billing period. If the Subrecipient is unable to resolve the deficiency, the funds retained will be forfeited at the end of the Agreement's term. AVemdor Ombudsman has been established within the Deportment of Financial Services. The duties of this individual include acting as an advocate for Subrecipients who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at1-877-G83'523G. 17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and vaou0m deve|oped, produoed, or discovered by the agreement are governed bythe terms of2 CFR. Section 200.315. Intangible property, herein incorporated byreference, 18. Property Accountability. The Swbneoipinni or its implementing agency aba|| establish and administer a system to control, proteut, pneaeme, use, and maintain and dispose of any property furnished by the Deportnmomt, or purchased pursuant tothis agreement inaccordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34. or 0N1B Circular 4rl1O. herein incorporated by reference. This obligation continues as long as the property is nabnime6 by the Subreoipien1 or its implementing agency, notwithstanding the ending of this agreement. 19. Disputes and Appeals. Any diepute, disagreement, or question of tact arising under the agreement may be addressed to the Traffic Safety Administrator of the FDOT State Safety Office in writing. The Traffic Safety Administrator's decision may be appealed in writing within 30 calendar days from the notification to the Governor's Highway Safety Representative, whose decision imfinal. Addresses are: Florida Department ofTransportation Florida Department ofTransportation Attn: Traffic Safety Administrator Attn: Governor's Highway Safety Representative State Safety [>Mioe. MS 53 State Safety Office, MS 53 6O6Suwannee Street GD5Suwannee Street Tallahassee, Florida 32398-845D Tallahassee, Florida 32398-04SQ The Suhreoipient and its implementing agency shall proceed diligently with the performance of the agreement and in accordance with Department's deuiaion(s), 20. Conferences and Inspection of Work. Conferences may be held at the request of any party to this agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time, 21. Publication and Printing ofObservational Surveys and Other Reports. (a) During the uubgran1 period, but before publication or printing, the final draft of any report or reports required under the agreement or pertaining to the agreement oho0 be submitted to the FDOT State Safety Office for review and concurrence. After the aubgramt period has concluded, Subrecipients may publish after providing the FDOT State Safety Office with at least 15 day prior written notice, (b) Both written and oral releases are considered to be within the context of publication, Hmwever, there is no intention to limit discussion o/ the study with small technical groups or lectures to employees or students. Lectures that describe plans but discuss neither data nor results may be given tuother groups without advance approval. 13 Page 33 Of 754 ��� mn, (c) Each publication orother printed report covered byParagraph 21(a) above shall include the following statement omthe cover page: (1) This report was prepared for the FDDTState Safety Office, Department ofTransportation, State ofFlorida, 'in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department ofTransportation. (2) The conclusions and opinions expressed in these reports are those of the Subrecipient and do not necessarily represent those of the F0[)T State Safety Office. Department of Tnanaportadiun. State of Florida, and/or the National Highway Traffic Safety Administration, U,S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation, or any other agency of the State or Federal Government. 22. Equal Employment Opportunity. No person shaU, onthe grounds of race, co]ur, religion, sex, haod|oap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this oubgrant, or any pmoject, pnognam, nractivity that receives or benefits from this oubQnant award. The Subnycipiemt and its implementing agency agree to comply with Executive Order (E.[>.) 11246. as amended by E,D. 11375, and as supplemented by 41 CFR, Part 60, herein incorporated by reference. 23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the Subnaoip|emt and its implementing agency shall be required to defem6, hold harmless and indemnify the Department, NHTSA. FHVVA. and USDDT, from all claims and Uobi|dy, or both, due to negAigenoe, recklessness, orintentional wrongful misconduct of Subnecipient, implementing ogenoy, and its oontnactor, onmow8mnt, aQmrda and employees. The Subrecipiend and its implementing agency shall be liable for any |ouu o/, or damage to, any material purchased or developed under this xmbgnant agreement which is caused by the Subnadpienfs or its implementing egamoy'a failure to exercise such care in regard to said material as a reasonable careful owner cfsimilar materials would exercise. The parties executing this agreement specifically agree that no provision in this agreement is intended tmcreate in the public or any member thereof, a third party beme/kciary, or to authorize anyone not a party to this agreement to maintain a suit for personal injuries orproperty damage pursuant tothe terms o/provisions ofthis agreement. 24. Disadvantaged Business Enterprises (DE]E). (a) The Subrecipient and its implementing agency agree to the following assurance: The Subreuipient and be implementing agency shall not discriminate on the basis of race, nm|or, national ori0in, or sex in the award and performance cdany QSD{}T'assiubad contract or in the administration of its DBE program required by 49 tFR. Part 28, herein incorporated by reference. The Subreoxpient shall take all necessary and reasonable steps under 49 CFR. Port 26 to enomna nondiscrimination in the award and administration of USD[)T- amaiatod contracts, Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement, Upon notification to the Subnauipien1 of its failure to carry out its approved program, the USDDTmay impose sanctions as provided for under Part 26and may, in appropriate maaen, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1088 (J1 U,&C� 38O1e1seqlherein incorporated byreference, (b) The Subreoipiem1 and its implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national oriQin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of UBDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this con1raoi, which may result in the termination of this contract or such other nemedy, as the Subrecipient its implementing agency, or the Department deems appropriate. 14 ��� SAFETY mnr 25L Restrictions on Lobbying. The Subnadpiemr and its implementing agency agree tocomply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by na#apamoe, for filing ofcertification and disclosure forms. No funds oubgnanted hereunder shall be used for the purpose of lobbying the legislature, judicial bnanch, or state agencies. Section 216,347, Florida Statutes. 28. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held hnvebd, the remainder of this agreement uhmU not be affected. In such an instance the remainder would then continue to conform tnthe terms and requirements ofapplicable law, 27. Federal Requirement for Public Service Announcements, Marketing, and Advertisements. All public service announcements produced with Federal Highway Safety funds oheU be closed captioned for the hearing impaired. Public Service Announcements, Marketing, and Advertising. All paid media reimbursed with su6Qrantfundo shall contain etraffic safety message. |norder 1omaximize the effectiveness ofthe paid media, when marketing or advertising is included in subgmunt activities, it shall be done only in conjunction with proven. *ffmmt|vm countermeasures, and when the message of the media is designed to call attention to those countermeasures. Before incurring costs related to the paid media, o hmoK draft of the media and media p|mm shall be submitted to the F0OT State Safety Office for review, K8odio plans should include the following: (a) What program/policy the paid media insupporting (b) How the paid media will be implemented to support an operational enforcement program whether it be a periodic crackdown/mobi||zatinnoramon-going saturation o/ roving patrol (c) The amount allocated for paid media (d) Anticipated creative costs associated with the paid media (e) The measures that will be used to assess message recognition and penetration of the target audience. The FDDT State Safety Office ahuN provide written app/ova] for reimbursement if the paid media is appropriate for purchase under this agreement. Proof ofperformance (e.g , copies and/or images of poatera, air schedu|es, etc.) of all paid media purchased with highway safety funds shall be attached to reimbursement requests. All snbgnamt funded public ynn/ioo announcements, marketing, and advertisements shall be tagged "Funding provided by the Florida Department of Transportation, or Funded by FD[>7'. The name of the Subrec1p|ent or implementing agency and its logo can appear on the paid media but the names of individuals connected with the Subrecipient shall not appear when paid for with Federal highway safety funds. Contractual agreements for marketing and advertising which include communications, public infunna8on, and paid media expenditures shall not include gifts ao defined by §112,312, Florida Sta1utea, which includes items such as tickets, aeate, food, trmvo|, appare|, memorabilia, eto.. to any representative of this agreement o/ any of their traffic safety partnere unless the item orservice io regularly made available(othe general public at no cost 28. Public Information and Education Items. Public Information and Education Items are defined aa materials whose purpose is to convey substantive information about highway safety. Poper, pamph|ets, flash driveo. CD'R0Ntm, and similar media that contain educational materials all allowable because their purpose is to contain and convey educational information, In order to be considered educatimna|, distributed material must provide substantial information and education content to the public (not merely a slogan) and have the sole purpose of conveying that information, If e 8ubrenipien1 chooses to provide educational content on mf|uah driwa. CD-RO/N, orsimilar device, that device must be an economical method mYconveying the information. Before printing or ordering any public information and education i1ema, o final draft or drawing of the items shall be submitted to the FDOT State Safety Office for review and approval, Requests shouXdinclude the following: 15 Page 35 Of 754 500-065-m SAFETY 07n/ (a) What public information or educational item is being requested (b) What program/policy isthe item supporting (m) Who the target audience is (d) How the item will be distributed (e) Estimated unit uost(s) for the item The FDOTState Safety Office shall provide written approval for reimbursement ifthe items are appropriate for purchase under this agreement. Copies end/or images of all public information and education items purchased with highway safety funds shall be attached to the forms requesting reimbursement for the items. Printed materials (bp oards, broohunea, safety pledges, surveyo, activity books, bookketn. Quideo, etc.) can be freely distributed, however tangible items (heUmets, DVDs, CD-R[>KHs. flash orthumb drives, reflective tape, etc.) require the person receiving the item to interact with the subrecipient in some manner related to the goal of the project in order to receive the item, Interaction includes attending a pnamentat|on, signing o pledge sheet, filling out a survey form, answering etraffic safety question, etc. The results of this interaction must be reported in the performance report. Where feasible, either the Florida Department of Transportation logo or the vxqrdo "Funding provided by the Florida Department of Transportation, or Funded by FDOT." shall appear on or in all items. The name of the Subreoipion& or implementing agency and its logo can appear on any of the public information and education items, The names of individuals connected with the Smbreoipient shall not appear on any printed ma1aria|a, and advertisements paid for with highway safety funds. Per 2 CFR2Q8 and NHTS/\ K8orno "Use ofNHTSA Highway Safety Grant Fonds for Certain Purchases" (dated May 18, 2016), Use oYNHTSA grant funds tm purchase promotional items or memorabilia is prohibited and therefore unallowable under this subgrmnt. 29. Term of Agreement. Each oubgnent shall begin on the date the last party signs the agreement and shall end on September 30. fuNom/img, unless otherwise stipulated by the FU[>T State Safety Qf800 on the first page of the respective agreement. In the event this aubgnent is for services in excess o/$25,000.00 and a term fore period of more than 1 year, the provisions ofSection 33y.135(G)(a)' F�S.. are hereby inomrporated� "TheDepartmmnt. duringmnyfisuaXyear. ohuUnotaxpendmoney. incur any liability, orenter into any contract which, by its terms, involves the expenditure of money in mxoeam oYthe amounts budgeted as available for expenditure during such fiscal year, Any oomtnaot, verbal or written, made in violation of this subsection is null and void, and no mommy may bepaid on such contract. The Department shall require statement from the Comptroller ofthe Department that such funds are available prior toentering into any such contract orother binding commitment offunds. Nothing herein contained shall prevent the making ofcontracts for periods exceeding 1 year. but any contract »n made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years-, and this paragraph oheN be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25.000.00 and which have a term fore period ofmore than 1 year." 30. Clean Air Act and Federal Water Pollution Control Act, For subgrent awards in exm*ae of $100.000 the Subreoipient and its implementing agency agree to comply with all applicable standards, ordem, or regulations issued pursuant 1othe Clean Air Act (42 U,&C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et meq ), herein incorporated by reference. The Subreuipieo1shall include this provision in all subcontract awards in excess of$108.O88. 31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding fore new position(s) through a eubgnamt shall provide written notification within 30 days of the agreement being awarded to the FDOT State Safety C)fhoe that e new position(s) has been created in the agency as e result of the oubgnan1 being awarded. Positions created with subQnant funding mhm|| continue to be funded by the Subrecipieniafter federal funding ends inorder tobeeligible for future subgrantfunding. Any and all employees of the 8ubremip|en1 or implementing agency whose positions are (unded, in vvhm|e o/ in part through a uubgnant, shall be the employee of the Subreoipient or implementing agency only, and any and all claims that ]6 Page 36Of754 500-065-m SAFETY 0n 17 may arise from said employment relationship shall be the sole obligation and responsibility of the Subn*ohnherd or its implementing agency. Personnel funded under the sub0mantshaVU not hold the position of Project Director nor receive any benefit under the grant. The FOOT State Safety Office must pre�appnove the advedinement, hire/rep|mcement, and salary for any full time aubQoantfunded positions (excluding law enforcement pnmitions). The F[)OT State Safety Office reserves the right to maqu)e activity reports to demonstrate that personnel hired under the agreement orequipment purchased with aubgnantfunds meet the requirements aaspecified bythe smbgranL 32. Overtime, Overtime hours are intended for enhanced/increased traffic safety enforcement. The overtime pay rate for officers is based on actual onet per employee in accordance with theSubneuipiant^m payroll policy. Each Subrauipiemt shall comply with Fair Labor Standards Act (FLSA) requirements and thresholds for overtime accrual and payment and its mvvn policies and procedures, insofar as those policies apply uniformly to both federally-financed and other activities of the aubrecipient. asrequired by2CFR 28O.4U3(u). Additional enforcement may becalled overtime, off duty, extra, additional, etc. as |qnQ an it enhances/increases traffic safety enforcement. A copy of the policy shall be maintained by the Subrecipient and/or implementing agency and made available for review if requested. 33. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds rests with the Gubrocipieot and its implementing agency; however. the USOQT maintains an interest imthe equipment and title vests in the Subvacipiemt subject to several conditions and obligations under CFR Section 200.311 The Subnaoipient must use the equipment for the authorized purposes of the project, whether or not the project continues to be supported by the Federal award, unless the FDDT State Safety Dffiue, on behalf of USDDT. provides written authorization for another use of the equipment that is permissible under CFR Section 280.313. Any equipment purchased with Federal highway safety funds that is not being used by the Swbmaoipient or its implementing agency for the purposes described in the project or in accordance with other authorized uses under CFR Section 200.313. is subject to repossession by the FDOTState Safety Office, mmbehalf ofthe USDQT. Items that are repossessed shall bedisbursed toagencies that agree to use the equipment for the activity described in this project or for other uses authorized by USDOT. 34. Replacement or Repair mfEquipment. The 5ubredpient and its implementing agency are responsible, at their own cont, for replacing or repairing any equipment purchased with Federal highway safety funds that is dameged, stolen, or |ost, orthat wears out aaoresult of misuse. The FOOTSte1e Safety Offices retains the right toreplace orrepair any equipment for statewide programs based on exceptional individual circumstances. 35. Ineligibility for Future Funding. The Subrecipient and its implementing agency agree that the Department shall find the Subrecipiemt or its irnp|*meohmg agency ineligible for future funding for any mfthe following reasons: (a) Failure boprovide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (o) Failure to provide required performance and final narrative reports in the required time frame, (d) Failure toperform work described inPart || ofthe subglrentagreement, (a) Providing fraudulent performance reports or reimbursement requests, (f) Misuse ofequipment purchased with Federal highway safety funds. 36. Safety Belt Policy. Each Subreoipientand implementing agency shall have a written safety belt pu|iuy, which is enforced for all employees. A copy of the policy shall be maintained by the Subrecipient and/or implementing agency and made available for review ifrequested. 37. Occupant Protection. All law enforcement agencies receiving mubgnamtfunds for occupant protection education or ardoruennen1 shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violations, A copy of the procedure shall be maintained by the Subreoip|ent end/or implementing agency and made available for review if requested. 17 Page 37Of754 500-D65-m SAFETY 07n/ 38. Equipment. Any equipment purchased under this subgnant with highway safety funds shall not replace previously purchased equipment that is damaged, sto|en. Uon1, or that wears out as result of misuse, whether the equipment was purchased with federal, state, orlocal funds. 39. Vehicles. Any agency receiving subQnan1funde to purchase a vehicle (excluding law enforcement vehicles) shall maintain a travel log that contains the beginning and ending mileage, location, and purpose of travel. All agencies must report any vehicle use (excluding law enforcement vehicles) and maintenance with each request for reimbursement using the Safety Grant Vehicle Use Form (FDOT Form No. 500'066-21) and the Safety Grant Equipment Maintenance Form (FDQTForm No. 500-065'22). Vehicles purchased with federal highway safety funde shall be used for program use only and in accordance with Chapter 60B'1.004 Florida Statutes. Subreoipienta who are responsible for the operation and use w*hio|ey for official state business are allowed to permit persons other than state officials or employees to travel in the vehicle provided these persons one conducting official state business or only on special occasions if the purpose of the travel can be more usefully served by including such persons and no additional expense in involved. It is permissible to transport persons other than state officials and employees during disasters and emergency situations where the state must protect life and property, Providing assistance to motorists whose vehicles are disabled may be considered aumnemergency when there iaaneed toprotect life and property. Any vehicles used for personal reasons or not being used by the Subneuipieot or its implementing agency for the purposes described in the subgrant shall be subject to repossession by the FDOT State Safety()0io*. 40. Child Safety Seats. Any implementing agency that receives funds topurchase child safety seats must have atleast one staff member who imacurrent Certified Child Passenger Safety Technician. Failure to,comply with this provision shall result in the termination of this agreement. 41. Buy America Act The 8ubrecipierdand its implementing agency agree bocomply and require consultants and oortnontony tocomply with all applicable ubsndande, ovdem, and regulations issued pursuant tothe Buy America Act (23 U.S.C. 313 et aeq) herein incorporated by reference. The Subnaoipiemt shall include the following Buy America provisions inall subcontract awards: The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product or software/information technology systems whose unit purchase price is $5.OQOormore, including a motor vehicle, that is not produced in the United States. NHTS4 may waive those requirements if (1) their application would be inconsistent with the public interest-, (2) such materials and products are not produced inthe United States insufficient and reasonably available gwamdbes and of a satisfactory quality; or (3) the inclusion of domestic material will imoeauae the cost of the overall project contract by more than 25 percent. Each manufactured end product must comply with the provisions of the Buy America Act. AdditionaUy, any manufactured add-on to an end product is, itself, an end product that must comply with the Act. Tobe reimbursed with Federal highway safety grant funds for a purchase, m State must comply with the requirements of the Buy America Act. Non-compliance will result indenial ofreimbursement. 42. E-Verify. Subreoip|ento: (a) shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Ve ndorlCon tractor during the term of the contract; and (b) shall expressly require any subcontractors performing mmd« or providing services pursuant to the state contract to likewise utilize the U.B. Department of Homeland Security's E4/erify system to verify the employment eligibility of all new employees hired bythe subcontractor during the contract term. 43. Program Income. Program income means gross income earned by Subreoipient that is directly generated by a supported activity or earned as a result of the subgnant award during the oubgmmt period of performance. Program 18 500-065-m SAFETY vmr income must bededucted from total allowable costs hzdetermine the net allowable costs. Program income must be used for current costo and any remaining program income must beoffset against the final request for reimbursement. Program income that the 8mbreoipient did not anticipate at the time of the aubQrent award must be used to reduce the Federal award and Subrecipient contributions rather than to increase the funds committed to the project. 44. Indirect Costs. If a Subrecipient has a federally negotiated indirect cost rate, it may be applied to the subgramt. If a Bubrecipiend does not have o federally negotiated indirect cost rate, e mate up to the de min|m|a indirect cost rate of 10% of modified total direct costa may be applied. /\ Subrecipierd may opt to naqmee1 a lower or no indirect costs nate, even if it has a#ydereUy negotiated indirect cost rate, The FOOT State Safety Office will not coerce nrnegotiate with e 5ubrecipiemt to reduce its indirect costs nate for this subgnant, per federal regulation. Swbgmamtm with indirect costs will be awarded based oncost benefit and available funding. 48. Impaired Driving Enforcement, Training and Reporting. Any law enforcement officer who takes enforcement action and n*oaivoo compensation under an impaired driving mubgnan1 must have successfully completed at least one of the following within the last five years: (o) NHTSA/IACP 24 hour DWI Detection and Standardized Field Sobriety Testing (SFST) course (b) NHTSA/IACP 4 hour DWI Detection and Standardized Field Sobriety Testing (SFST) refresher course (u) NNTSA/XACP QVV[ Detection and Standardized Field Sobriety Testing (SFST) Instructor Development course (d) NHTSA/|ACP 8 hour DVV| Detection and Standardized Field Sobriety Tea1imA (SF3T) Instructor Update course (o) NHTSfV|ACPAdvanced Roadside Impaired Driving Enforcement (ARIDE) course (� Be an active certified Drug Recognition Expert(DRE) The FDOT State Safety Office reserves the right to request a copy of any subgrant funded checkpoint After Action Report. All |avv enforcement agencies that receive impaired driving mubgmant funding should participate in all NHTGA impaired driving mob|izakionm for the following holidays and events: New Year's Day, NFL Super Bowl, St Patrick's Day, Oimoo de Mayo, Independence Day, Labor Day, and Halloween, All law enforcement agencies shall conduct High Visibility Enforcement of impaired drivers while conducting enforcement under the subymnL High Visibility Enforcement is: Intense: Enforcement activities are over and above what normally takes place. Frequent: Enforcement occurs often enough tocreate general deterrence. Visible: Amajority ofthe public sees orhears about the enforcement. Strategic: Enforcement targets high-risk locations during high-risk times. A strong emphasis of enforcement operations should be during the hours of 6:00pm to 6:00am. Agencies should ensure that enforcement saturation/wolfpack/roving patrols are conducted in periods of no fewer than 3 consecutive hours. Use of smbgraot funding will not be utilized or reimbursed for continuing priorly initiated invee1iga1imnn, court or Administrative Heorings, and enforcement from aircraft. 46. Nondiscrimination. Su6rooipiente vv88comply with all Federal statutes and implementing regulations relating to nondiscrimination (^Fedens{ Nondiscrimination Autho/itiea''). These include but are not limited to: (a) Title VUofthe Civil Rights Act o/1964 (42U.&C. 20QOdeto*q, 78stat. 252). (prohibits discrimination onthe basis ofrace, color, national origin) and 4QCFR part 21 (b) The Uniform Relocation Assistance and Real Property Acquisition Policies Actof197O, (42U.S.C� 4881). (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or FederaU'aid programa and projects) 19 500-065-0 SAFETY 07Y 1, (c) Federal-Aid Highway Act o( 1S78. (23U,G.C, 324etaeqj. and Title |Xofthe Education Amendments of1O72 as amended (2QU.S.C. 1581-1G83and 1G86-1GOS) (prohibit discrimination omthe basis ofsex) (d) Section 5O4ofthe Rehabilitation Act of1S73. (29U,8.C. 784e1meqj. aaamended, (prohibits discrimination on the basis of disability) and 49 CFR pert 27 (e) The Age Discrimination Act of1S75. asamended, (42U,S,C, 81O1 etseqj. (prohibits discrimination omthe basis of age) (f) The Civil Rights Restoration Act cf1S87. (Pub, L 1O0_2QQ). (broadens scope, coverage and applicability ofTitle V8ofthe Civil Rights Act of1A84. The Age Discrimination Act cf1A75and Section 5O4ofthe Rehabilitation Act o4 1Q73. byexpanding the definition mtthe terms ''prognammoractivities"to include all ofthe programs oractivities of the Federal aid recipients, Subrecipient's and contractors, whether such programs or activities are Federally- funded or not) (g) Titles Nand Ill ofthe Americans with Disabilities Act (420.S.C. 12131-12188) (prohibits discrimination onthe basis of disability in the operation ofpublic entities, public and private transportation aystema, places ofpublic a000nmodsdinn, and certain testing) and 48 CFR parts 37 and 38: (h) Executive Order 12888, Federal Actions To Address Environmental Justice in Minority Populations and Low- Income Populations (prevents discrimination against minority populations by discouraging pnmgnanms, po|iniea, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income pupubdona)� and (i) Executive Order 13166. Improving Access to Services for Persons with Limited English Proficiency(guards against Title V| national origin discrimination/discrimination because of limited English proficiency(LEP) by ensuring that funding recipients(eke nsaemmobpe steps to ensure that LEP persons have meaningful eoceaa to programs (7UFR74OB7-741QQ). During the performance ofthis sobgrani^ the Subreohpien1agrees: (a) To comply with all Federal nondiscrimination |ama and nagu|a1iona, as may beamended from time tmtime (b) Not to participate directly or indirectly in the discrimination prohibited by any Federal non-diochmination law or reguYsdion, as set forth in appendix 0 o/48 CFR part 21 and herein (o) To permit access to its books, reuordm, acoountx, other sources of information, and its facilities as required by the FDOTState Safety Office, USDOT nrNHTSA (d) That, in event SubnacipiamtfaiUs tocomply with any nondiscrimination provisions inthis subgramt the FD[>T State Safety Office will have the right to impose such subgnsnd sanctions as it or NHTS4determine are appnophate, including but not limited to withholding payments tothe Subrecipiemt under the contract/agreement until the SubreuipiemtoompHem� and/or cancelling, 1erminatimg, or suspending aumnt:aot or funding agmsement, in whole or in part (e) To insert this clause, including paragraphs ethrough m, in every subcontract and sub-agreement and in every solicitation fora subcontract urmmb-agreement. which mueiw*a Federal funds under this program Political Activity. The Submouipimn1will comply with provisions ofthe Hatch Act (6U.S,C. 1501-1508), which limits the political activities of employees whose pidnc|pa| employment activities are funded in whole or in pad with Federal funds. 20 Page 40Of754 w0-06w SAFETY mnr Certification Regarding Federal Lobbying. The Subrecip&entcertifies. to the best of his or her knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, byoron behalf ofthe undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, o Member of Congress, an officer or employee of Congress, or an employee of Member ofCongress in connection with the awarding of any Federal contract, the rnmNm0 of any Federal gnont, the making of any Federal |nem, the entering into of any cooperative agmaement, and the extension, continuation, renewe|, amendment or modification of any Federal contract, gran1. Uoem. orcooperative agreement. (b) |fany funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer oremployee of any agency, e Member ufCongress, an officer oremployee of Congress, or an employee of Member ofCongress in connection with this Federal contract, grant, loan, or cooperative mgm*ement, the undersigned shall complete and submit Standard Form-LLL, ''OimcUmmuma Form to Report Lubbying.^ in accordance with its instructions. (o) The Subnacipient shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcom1nacta, eubgrante, and contracts under grant, |uans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. This certification is a mmdahm| representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352. title 31. U.S. Code, Any person who fails to file the required certification shall be subjecttoecivil penalty of not less than $1O.U0Oand not more than $1OO.OV0for each such failure. 47. Restriction on State Lobbying. None ofthe funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending bohona any State orlocal legislative body. Such activities include both direct and indirect (e4, "grassroots") lobbying activities, with one exception. This dmam not preclude State official vvhooa salary is supported with NHTSA funds from engaging in direct communications with State or local legislative off iois|o, in accordance with customary State practice, even if such communications urge legislative officials tmfavor oroppose the adoption of specific pending legislative proposal. 48. Registration for attendance: No activities funded under this subgrant shall charge a registration fee for attendance. 49. Special Conditions. 21 500-065-01 SAFETY W17 Part Vl: Federal Financial Assistance (Single Audit Act) Federal resources awarded pursuant to this areas follows: CFDA Number and Title: 0 20,600-State and Community Highway Traffic Safety Program (NHTSA 402 Funds) El 20.611 -Incentive Grant Program to Prohibit Racial Profiling (NHTSA 1906 Funds) El 20,614-National Highway Traffic Safety Administration Discretionary Safety Grants (NTHSA 403 fundsl El 20.616- National Priority Safety Program (NHTSA 405 Funds) *Federal Funds Awarded: $$40,000,00 Awarding Agency: Florida,D,Martment of Transportation Indirect Cost Rate: N/A "Award is for R&D: No *The federal award amount may change with supplemental agreements "Research and Development as defined at§200.87, 2 CFR Part 200 Federal resources awarded_pursuant jo this subgrant are,subject to,the following audit requirements: (a) 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards v,,,v,,,v.ef,fi cov (b) OMB Circular A-133, Audits of States, Local Governments and Non-Profit Organizations ci(,.)v/om t)!circu1aw,-,.,, Federal resources awarded pursuant to this subgrant may also be sub ect to the fo11qA!nM (a) OMB Circular A-87, Cost Principles for State, Local and Indian Tribal Governments v,,vv,�,,vxvh'te _, se ov/omb/drcuWrs (b) OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments V",&,tv wlhiile�hc.aj�,,e ...........---_- (c) Federal Funding Accountability and Transparency Act (FFATA) Sub-award' Reporting System (FSRS) W%,v w,f s,1-,`s,V 22 Page 42 of 754 FDOT I -.0000- Florida Department of7ransportation R K K SCUFF 60S Suwannee �Irect MIKE DFN% GOVERNOR T i1d this cc. H 3-2109-0450 SEER E I ARY August 28,2017 Jeffrey S. Katz,Chief of Police City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach,Florida 33435 Dear Jeffrey S. Katz: The Florida Department of Transportation(FDOT) State Safety Office is pleased to inform you that your agency has been selected to receive subgrant funding for the 2018 Federal fiscal year, which begins October 1,2017. The following concept paper has been accepted and included in the FDOT FY2018 Highway Safety Plan(HSP) with the following project number,title,and funding levels below: FY2018 HSP Project Number Original Requested Amount Su-by-rant Funding_Awarded SC-18-13-20 $ 55,000 40,000 FY2018 HSPProtectTitle Boynton Beach Speed&Ag ressive Driving Program Based upon funding levels awarded to the State of Florida for the Federal fiscal year by the National Highway Traffic Safety Administration(NI]TSA),grant awards may not be the same as the amount requested in your concept paper and the award does not mean that everything listed in the concept paper,including any equipment requests, were approved and/or funded. Attached is the new FDOT subgrant form that will need to be completed for execution of your subgrant funding. The total amount of the subgrant cannot exceed the funding awarded in the"Subgrant Funding Awarded"column listed above. All FY2018 subgrants MUST be submitted using the new FDOT Subgrant Form attached hereto. Any Subgrants submitted on old forms will be returned for resubmittal on the new form. An electronic version of this letter and the FY2018 Subgrant Form has been emailed to your Project Contact,Jaclyn Smith,which was listed on your Concept Paper Application,by your assigned FDOT Traffic Safety Program Manager. They will coordinate with your Project Contact to work on finalizing the details of your FDOTNHTSA approval, completing the subgrant form,and submitting it for execution. We look forward to working with you on this project. If you have any questions,please feel free to contact me at (850)414-4009 or by email at Ch1-iS.U1'ai2ty dol-staic.fl us, Additional information can also be found on our website at: litti): wy, �.dot.4Oatejj.LIS saf�ty 3-Gumis Grants-110n, slit 1. ...........- Sincerely, ? <�A Chris Craig,CPM,FCC7 Traffic Safety Administrator Florida Department of Transportation CP: 137 %N'\V"'-d01-StM(,'A)A1S Page 43 of 754 500-065-01 SAFETY 07!7'7 Project Title. Bo on Beach sed &A ressive Drivin Pro ram - Project Number: SC-18-13-2A FDOT Contract Number. GOP23 =A IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement that each have read and understand the Agreement In its entirety. Now, therefore, in consideration of the I N TNE 5 WHEREO F V of I �eem enS ha e h h ve I the this g t t t ac a mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on a the day, month, and year set out below. 7UESIRECIPIENT City of Boynton - Subrecipient Agency Name [DEPA(For FO 0 T Use Only) or D 0 T" STATE OF FLORIDA By: T T P TM I RTMENT OFT NSPORTATION Signature of Authorized Representative Name: Lor', LcVe_r , , Pct By: Authorized FDT State Safety Office Representative Authorized Representative's Name-Printed O Title: Cl k___l 0AO-aa e_r Authorized Represen tive's Title Printed Date: Date Signed Date: Date Signed Reviewed for the Florida Department of Transportation: IMPLEMENTING AGENCY FvBy-. By: Authorized FDO T Attorney Signature of Authorized Representative Name: I e IS , 1<U4__E Date: Date Signed fized Rep sentative's Name Printed Title: C � � 0 V P.)�-1 Ue- AuthorizedRepresentative's Title Printed Date-, Date Signed NOTE: These signatures are the only recognized authorized representatives for this agreement, unless delegatio 23 Page 44 of 754 500-%5-01 SAFETY 07(17 Project Title: Boyton Beach Speed &Aggressive Driving Program Project Number: SC-18-13-20 FDOT Contract Number: GOP23 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. SUBRECIPIENT City of Boynton Beach Subrecipient Agency Name (For FDO T Use Only) STATE OF FLORIDA By: DEPARTMENT OF TRANSPORTATION Signature of Authorized Representative Name: c,c LcE Vere s c-C- By: Authorized Representative's Name Printed Authorized FDOT State Safety Office Representative Title: C e 04AQ(i e_r Authorized Representdtive's Title Printed Date: Date Signed Date: Date Signed Reviewed for the Florida Department of Transportation: IMPLEMENTING AGENCY By: By: Authorized FDOT Attorney Signature of Authorized Representative Name: _ � I/ t � �E 'S 4,C-4-1- Date: Authorized Repesentafive's Name Printed Date Signed Title: o,C_� oL_e Authorized Representative's Title Printed Date: Date Signed NOTE: These signatures are the only recognized authorized representatives for this agreement, unless delegation is ranted in writing. 23) Page 45 of 754 500-065-01 SAFETY 07/17 Project Title: Boyton Beach Speed &Aggressive Driwin Program Project Number SC-18-13-20 FDOT Contract Number: GOP23 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this S S W 0 ' t I Agreement that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the t t each mutual I covenants, a ts pr m I'se, utual covenants, promises and representations herein have executed this Agreement by their undersigned officials on u 0 te Y, month, the day, month, and year set out below. y . h da n h and year se SUBRECIPIENT 'V of this ft he officials on SU City of Boynton Beach Subrecipieot Agency—Name {For F DO T U se Only) STATE OF FLORIDA By: DEPARTMENT OF TRANSPORTATION Signature of Authorized Representative Name: Lor', By: Authorized Representative's Name Printed Authorized FDOT State Safety Office Representative Title: (el— I V-4 MC4A0 C4 e r Date: AuthorizedRepresientive�'sTltle Printed Date Signed Date: Date Signed Reviewed for the Florida Department of Transportation-, IMPLEMENTING AGENCY By: By Authorized FD 0 T Attorney Signature of Authorized Representative Name-, V�-e S --dAloe Date: Authorized Rep sentative's Name Printed Date Signed Title-, q- _J Authorized Representative's Title Printed Date: Date Signed NOTE: These signatures are the only recognized authorized representatives for this agreement, unless dela ation is ranted in ruin , 23 Page 46 of 754 6.B. CONSENTAGENDA 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-115 -Approve and Authorize the City Manager to sign the First Amendment to the Agreement with Ultimate Bakery and Pastry, Inc. (Operator) for concessionaire services at the Links Golf Course. EXPLANATION OF REQUEST: First Renewal Period: November 3, 2017 - November 2, 2018 Initial Term: November 3, 2015 - November 2, 2017 Under this Agreement, the Operator performs concessionaire services to the City's Links Golf Course. the City agrees to lease to the operator a portion of the designated City Facility located at the Links Golf Course, for the purposes of selling food and beverages to golf patrons and the general public. The initial term of the Agreement is November 3, 2015 thru November 2, 2017. As payment, the Operator agreed to pay to the City the annual sum of$7,000 or 6.5% of the gross sales for year one and $8,000 or 7.5% of gross sales for year two. The First Amendment to the Agreement will exercise the first of three renewal terms and will define the annual payment for this and all subsequent renewal options as$8,000 or 7.5% of gross sales. Staff is pleased with the performance of the vendor and recommends renewal of this agreement. This is the first renewal period under the concessionaire agreement that was awarded by the Commission on October 6, 2015. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This First Amendment is require to ensure continuity of concessionaire services at the Links Golf Course. FISCAL IMPACT: Budgeted For the renewal period $8,000 Previous years revenue from initial term: FY 15/16 $7,000 FY 16/17 $8,000 ALTERNATIVES: Do not approve amendment and re advertise for a Concessionaire for the Links Golf Course. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 47 of 754 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution authorizing First amendment to Lease Agreement for Concessionaire at the Links D Amendment First Amendment to Concessionaire Agreement- Ultimate Bakery D Attachment Renewal Interest D Attachment R15-126 Original Contract Page 48 of 754 I RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN A FIRST AMENDMENT TO AGREEMENT 6 WITH ULTIMATE BAKERY AND PASTRY, INC., TO OPERATE 7 THE RESTAURANT AT THE LINKS GOLF COURSE AS A 8 RESULT OF RFP NO. 061-2910-15/JMA; AND PROVIDING FOR 9 AN EFFECTIVE DATE. 10 11 WHEREAS, on October 6, 2015 the City Commission approved and awarded the 12 "RFP for a Restaurant Concessionaire for the Links Golf Course," RFP No. 061-2910- 13 15/JMA to Ultimate Bakery and Pastry, Inc.; and 14 WHEREAS, staff is pleased with the performance of the vendor and recommends 15 exercising the first of three renewal terms through November 2, 2018; and 16 WHEREAS, upon recommendation of staff, the City Commission does hereby 17 approve the First Amendment to the Two-Year Lease Agreement with Ultimate Bakery and 18 Pastry, Inc., to operate the restaurant at the Links Golf Course for the first of three renewal 19 periods through November 2, 2018 and authorizes the City Manager to sign the First 20 Amendment to two year Lease Agreement between the City of Boynton Beach and Ultimate 21 Bakery and Pastry, Inc. 22 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a part of this Resolution. 26 Section 2. The City Commission does hereby approve the First Amendment to 27 Two-Year Lease Agreement with Ultimate Bakery and Pastry, Inc., to operate the restaurant 28 at the Links Golf Course for the first renewal period through November 2, 2018 and 100073490.1306-9001821} 1 Page 49 of 754 29 authorizes the City Manager to sign the First Amendment to two year Lease Agreement 30 between the City of Boynton Beach and Ultimate Bakery and Pastry, a copy of which is 31 attached hereto as Exhibit"A". 32 Section 3. This Resolution shall be effective immediately upon passage. 33 34 PASSED AND ADOPTED this day of , 2017. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor—Justin Katz 42 43 Commissioner—Mack McCray 44 45 Commissioner—Christina L. Romelus 46 47 Commissioner—Joe Casello 48 49 50 VOTE 51 ATTEST: 52 53 54 55 Judith A. Pyle, CMC 56 City Clerk 57 58 59 60 61 (City Seal) 62 63 64 65 66 67 100073490.1306-9001821} 2 Page 50 of 754 FIRST AMENDMENT TO AGREEMENT BETWEEN ULTIMATE BAKERY AND PASTRY, INC. AND THE CITY OF BOYNTON BEACH THIS FIRST AMENDMENT entered into this day of , 2017, by and between: THE CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation, with a business address at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, (hereinafter referred to as "CITY") and ULTIMATE BAKERY AND PASTRY, INC., with a business address of 11600 Poinciana Drive, Royal Palm Beach, Florida 33411, (hereinafter referred to as "THE OPERATOR"). WITNESSETH: WHEREAS, the parties hereto entered into an Agreement on November 3, 2015 to provide for concessionaire services at the Links Golf Course ("Agreement"); and, WHEREAS, the Agreement will expire on November 2, 2017, and the parties desire to extend the Agreement for an additional one (1) year term. NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, the City and the Operator agree as follows: 1. The term of the Agreement is renewed beginning on November 3, 2017 thru November 2, 2018, pursuant to the first of three (3) one-year renewal options. 2. The payment section (Section 5)is revised to reflect the annual sum payable for the renewal terms as follows: 5. PAYMENT The Concessionaire shall pay the City an annual sum of$7,000.00 or 6.5% of the gross sales whichever is greater for year one: and an annual sum of$8,000.00 of the gross sale or 7.5%whichever is greater for year two. For each subsequent renewal term exercised, the Concessionaire shall pay the City the annual sum of $8,000 or 7.5% of the gross sales,whichever is greater. Monthly payments will be established by Ultimate Bakery and Catering and the City 2. In the event of a conflict between the Agreement and this First Amendment, this First Amendment shall control. 3. All terms and conditions of the Agreement, First Amendment and Exhibits thereto which are not inconsistent herewith remain in full force and effect. WITNESSETH: ATTEST: CITY OF BOYNTON BEACH By: By: City Clerk City Manager C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\D31CA448-3DCB-416C-B598-A7A8E9F14A44\Boynton Beach.7589.1.First Amendment to Golf Concessionaire_- Ultimate_Bakery.doc Page 51 of 754 APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney BY: PRESIDENT DATE: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\D31CA448-3DCB-416C-B598-A7A8E9F14A44\Boynton Beach.7589.1.First Amendment to Golf Concessionaire_- Ultimate_Bakery.doc Page 52 of 754 The City of Boyl ton Bead. Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach,Florida 33425-0310 41D Telephone Na: (561)742-6310 FAX: (561) 742-6316 October 10, 2017 RFP: RESTAURANT CONCESSIONAIRE AT THE LINKS GOLF COURSE RFP No.: 061.2910-151JMA Agreement between the City of Boynton Beach and Ultimate Bakery and Pastry, Inc.: RFP RENEWAL TERM: NOVEMBER 3, 2077 TO NOVEMBER 2, 2018 Yes, I agree to renew the existing contract under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the contract for the following reason(s) ULTIMATE BAKERY AND PASTRY, INC. NAME OF COMPANY SIGNATURE Te-lu_ i tWA NAME OF REPRESENTATIVE TITLE (please print) bmf� q Ek(-3c5_- XG' DATE (AREA CODE)TELEPHONE NUMBER 'TrCbz6'Lw0 C t'v to q E- AIL America's Gateway to the Gulf Stream Page 53 of 754 1 RESOLUTION NO. R15-126 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING A TWO YEAR LEASE AGREEMENT 5 E WITH ULTIMATE BAKERY AND PASTRY, INC., TO OPERATE 6 THE RESTAURANT AT THE LINKS GOLF COURSE AS A 71 RESULT OF RFP NO. 061-2910-15/JMA; AUTHORIZING THE 8 CITY MANAGER TO SIGN THE TWO YEAR LEASE 9 AGREEMENT WITH ULTIMATE BAKERY AND PASTRY, INC.; 10 AN D PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, on August 25, 2015, Procurement Services received and opened two 13 proposals in response to the "RFP for a Restaurant Concessionaire for the Links Golf 14 Course," RFP No. 061-2910-15/JMA; and 15 WHEREAS, the Links Golf Course is seeking an experienced and creative 16 concessionaire to supply and operate the food and beverage services within the Clubhouse 17 facility for a period of two years with three additional one year renewals; and 18 WHEREAS, upon recommendation of staff, the City Commission does hereby 19 approve the Two-Year Lease Agreement with Ultimate Bakery and Pastry, Inc., to operate 20 the restaurant at the Links Golf Course for a period of two years with three additional one 21 year renewals and authorizes the City Manager to sign the two year Lease Agreement 22 between the City of Boynton Beach and Ultimate Bakery and Pastry, Inc. 23 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 24 OF THE CITY OF BOYNTON BEACH, FLORIDA, AS FOLLOWS: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a part of this Resolution. 27 Section 2. The City Commission does hereby approve the Two-Year Lease 28 Agreement with Ultimate Bakery and Pastry, Inc., to operate the restaurant at the Links Golf 29 Course for a period of two years with three additional one year renewals and authorizes the E {00073490.1306.9001821} 1 Page 54 of 75 30 City Manager to sign the two year Lease Agreement between the City of Boynton Beach 31 and Ultimate Bakery and Pastry, a copy of which is attached hereto as Exhibit"A". 32 Section 3• This Resolution shall be effective immediately upon passage. 33 PASSED AND ADOPTED this 6th day of October, 2015. 34 35 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor—Jerry Taylor 41 42 Vice Mayor—Joe Casello 43 ' 44 Commissioner—David T. Merker 45 Commissioner—Mack McCra 6 � y 47 48 Commissioner—Michael M. Fitzpatrick 49 50 51 VOTE ° 52 53 54 ATTEST: 55 56 57 . 58 Jan MC 59 CJ 60 61 a ,, 662 3 (Co ate al) . 1, 64 65 6 {00073490.1306-9001821} 2 a Page 55 of 75 R15-126 CONCESSIONAIRE SERVICES TO OPERATE A RESTAURANT AT THE BOYNTON BEACH LINKS GOLF COURSE THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and ULTIMATE BAKERY and CATERING, INC., hereinafter referred to as "the Operator", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Operator is retained by the City to perform Concessionaire services in connection with the REQUEST FOR PROPOSAL FOR RESTAURANT CONCESSIONAIRE SERVICES AT LINKS GOLF COURSE, located at 8020 Jog Road, Boynton Beach, Florida. 2. SCOPE OF SERVICES. Operator agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. LEASEHOLD PREMISES. The City agrees to lease to an Operator a portion of the designated City facility located at the Links Golf Course. Location is in the Golf Clubhouse The space is designated as the "restaurant", and is owned by the City of Boynton Beach, Florida and operated for the selling of food and beverages to golf patrons and the general public. 4. TERM OF LEASE AGREEMENT: The lease agreement shall be for a period of two (2) years, , with an option to renew for three (3) additional one-year periods at the sole discretion of the City. 5. PAYMENT. The Concessionaire shall pay the City an annual sum of$7,000.00 or 6.5% of the gross sales, whichever is greater, for year one; and an annual sum of$8,000.00 or 7.5% of the gross sales, whichever is greater, for year two. Monthly payments will be established by Ultimate Bakery and Catering and the City. a. Said payment shall be made and received by the City on or before the 1st da� of each and every month. A late fee of 15% will be charged if pnayment is received after the 5 day of the month. Any monthly payment not received by the 25' day of the month shall be grounds for termination of the contract. b. Operator will keep accurate records of all sales and receipts through the use of electronic cash registers, which provide daily tapes and reports. The Operator will prepare a monthly report to the City and attach copies of daily tapes of each report. The City will have the right to inspect the books, records and inventories of the Operator at any given time. Monthly reports shall be due on the first of each month. c. Final payment of any balance due the City of the total contract price will be made promptly upon its ascertainment and verification by the City after the completion of concession services under this agreement and its acceptance by the City. d. Security deposit of $1,500.00 made by the Operator at time of award will be returned to Operator at the end of the lease, without interest, after determination that the Operator has fulfilled all terms of the lease and left the premises in adequate condition, as determined by the Links Golf Course Manager. e. The Operator's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the final payments. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Operator in connection with the services rendered under this agreement shall be the property of the City. CITY OF BOYNTON BEACH RFP No.:061-2910-15/JMA 1 Page 56 of 754 R15-126 7. COMPLIANCE WITH LAWS. Operator shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Operator shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including legal fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Operator's own employees, or damage to property occasioned by a negligent act, omission or failure of the Operator. 9. INSURANCE. The Operator shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within ten (10) days of notice of award and every year thereafter upon renewal for the duration of the contract. 10. INDEPENDENT CONTRACTOR. The Operator and the City agree that the Operator is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee p yee between the parties hereto. Neither Operator nor any employee of Operator shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Operator, or any employee of Operator. 11. COVENANT AGAINST CONTINGENT FEES. The Operator warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Operator, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Operator, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. Discrimination prohibited. The operator, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Operator shall not sublet or assign any of the services covered by this agreement without the direct written consent of the City Manager. 13. NON-WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement thirty (30) days after delivery of written notice of such termination. b. In the event of the death of a member, partner or officer of the Operator, or any of its supervisory CITY OF BOYNTON BEACH RFP No.:061-2910-15/JMA 2 Page 57 of 754 R15-126 CONCESSIONAIRE SERVICES TO OPERATE RESTAURANT AT THE BOYNTON BEACH LINKS GOLF COURSE EXHIBIT `A' 1.3 OBLIGATIONS OF THE LINKS AT BOYNTON BEACH: The Links will provide the following: • Electric service ■ Hot and cold water service ■ Cable Service including ESPN and the GOLF Channels ■ Wi-Fi ■ Monthly General Pest Control for the building • Fire suppression and alarm system ■ Freezer ■ Two (2) Reach-in Refrigerators ■ Under counter Refrigerator ■ Keg Beer Cooler (behind bar) ■ Keg Beer Cooler (small holder cooler) ■ Bottle Cooler ■ Ice Machine ■ Sandwich Unit Bay ■ Gas Range ■ Electric Deep Fryer ■ Gas Broiler ■ Flat Top Griddle • Dishwasher/Sanitizer ■ 11 Tables; 40 Chairs; 11 Bar Stools ■ Metal containers for trash and recyclables The Links will be responsible for the repair and maintenance of the above equipment. Necessary repairs to the ventilation hood will be determined by the Links and will be the responsibility of the Links golf Course. All cleaning of the ventilation hood is the responsibility of the concessionaire. The hood is to be cleaned at a minimum of every 90 days. Concessionaire is also responsible for passing the semi-annual inspections of the ventilation hood. 1.4 OBLIGATIONS OF THE CONCESSIONAIRE/OPERATOR: A. The Concessionaire will provide the following: ■ Point-of-sale system ■ All restaurant supplies to include food, beverages, paper and plastic products, propane, and cleaning supplies, glassware, china, pots and pans utensils; • Concessionaire shall accept credit cards for payment. ■ Any equipment needed in addition to equipment provided by the Links, e.g., CITY OF BOYNTON BEACH RFP No.: 061-2910-15/JMA 5 Page 58 of 754 R15-126 microwave, toasters, blenders, etc. • Signs and advertising materials (subject to approval of the Golf Operations Manager). ■ All personnel needed for the operation of the Restaurant. B. The concessionaire shall provide all working capital, additional operating equipment, and inventory necessary to effectively manage the restaurant. C. The concessionaire will sell quality food and beverages as allowed by the Links at competitive prices. D. Concessionaire may offer non-consumables for sale with written approval of Golf Operations Manager. E. Concessionaire shall submit a sample written menu with proposal to include the brand name of the products being offered and a description of the item. F. The City reserves the right to inspect the leased premises at any time. G. The City will not operate any competing concessions at the Links Golf Course. H. Concessionaire will show appropriate programs on televisions to include sports and news. Golf Operations Manager will make final determination on what are appropriate programs. I. The concessionaire shall have been actively conducting a profitable food and beverage business for a minimum of five (5) years. J. At time of award, the concessionaire shall submit a $1,500.00 security deposit. This security will be deposited in a non-interest bearing account and will be Returned at lease end after determination that the concessionaire has fulfilled All terms of the lease and left the premises in satisfactory condition (as determined by the Golf Operations Manager). K. The concessionaire will be responsible for pest control in the kitchen, behind . The concessionaire shall be the bar and the food storage areas responsible for meeting any and all federal, state, and local regulations regarding food sanitation and pest control. L. The concessionaire will be responsible for bringing their recyclables and trash to the designated dumpsters. Boxes are to be broken down before disposal. M. The concessionaire will be responsible for keeping the restaurant and kitchen clean and free of debris. N. The concessionaire will be responsible for the four (4) Pepsi beverage vending machines, three located on the course, and one in the Clubhouse. Concessionaire will purchase the beverages through Pepsi and will stock the machines and retain the profits. CITY OF BOYNTON BEACH RFP No.: 061-2910-15/JMA 6 Page 59 of 754 R15-126 1.5 FOOD PRODUCTS: 1.5.1 All food, drinks, beverages, confectionery, and snacks, sold or kept for sale shall be of First Quality and conform in all respects to the federal, state, and municipal laws, ordinances and regulations. 1.5.2 No imitation, adulterated, or misbranded article shall be sold or kept for sale. All products kept on hand shall be stored and handled with due regard for sanitation. 1.5.3 Concessionaire shall utilize brand products, i.e., Starbucks, Pepsi, Coca Cola, etc. 1.5.4 Concessionaire will be responsible for the purchase, inventory, and security of all food products offered for sale in the Restaurant. 1.5.5 Delivery of food, beverages, and supplies will be arranged so as not to create congestion or undue interference in Club operations. 1.5.6 Items sold by the concessionaire shall include, but are not limited to: • Fried foods: French fries; onion rings, chicken, etc. ■ Pizza ■ Hamburgers and Hot Dogs ■ Sandwiches ■ Salads ■ Pastries ■ Snacks (chips, peanuts, pretzels, candy, granola/energy bars, etc.) ■ Beverages ■ Beer and Wine 1.5.7 The Golf Operations Manager or his designee shall reserve the right to "taste test" all menu items to insure quality. 1.6 CONCESSION PERSONNEL: 1.6.1 The concessionaire will provide the concession employees, and supervise and compensate the operator's employees. The concessionaire shall at all times be an independent contractor and shall not be an employee of the City of Boynton Beach. The Lease Agreement shall not in any way create or form a partnership of joint venture with the City of Boynton Beach. No agent, servant, or employee of the concessionaire shall under any circumstances be deemed and agent, servant, or employee of the City. 1.6.2 Concessionaire's staff shall be dressed neatly, and in clean and appropriate clothing. 1.6.3 Concessionaire shall provide a list of employees to the City with proof of a background check with the State of Florida Department of Law Enforcement. CITY OF BOYNTON BEACH RFP No.:061-2910-15/JMA 7 Page 60 of 754 R15-126 Results of the background check shall be shared with the City and the City shall not approve a potential employee with unacceptable background investigation results. 1.6.4 Concessionaire shall employ only competent personnel to perform the restaurant services. If at any time during the term of this lease agreement, the City in its sole discretion, desires the removal of any person or persons employed by concessionaire due to an infraction of the rules of conduct, the concessionaire shall remove any such person immediately upon receiving notice from the City. 1.6.5 Concessionaire shall be certified in the proper handling of food, and assumes full responsibility for the proper and safe dispensing of alcoholic beverages to the customers. 1.6.6 Concessionaire shall maintain copies of Material Safety Data Sheets (MSDS) for all products used in the performance of the lease agreement. The MSDS shall be accessible to the concessionaire's employees and City employees for the purpose of reference regarding toxic and hazardous properties; precautions; and procedures in the event of an emergency. 1.7 TERM OF LEASE AGREEMENT: 1.7.1 The lease agreement shall be for a period of two (2) years, through , with an option to renew for three (3) additional one- year periods, subject to concessionaire acceptance, satisfactory performance, and determination that the renewal will be in the best interest of the City. The decision to renew the lease shall be at the sole discretion of the City. 1.7.2 Established monthly lease payments to the City shall be due the first day of each month. Any monthly payment received after the 5th of the month shall be subject to a 15% late fee. Any monthly payment received after the 25th day of the month shall be assessed a 15% late fee and shall be grounds for termination of agreement. 1.7.3 The lease agreement may, at the option of the City, be terminated immediately if the concessionaire becomes insolvent or bankrupt, make an assignment for the benefit of creditors, or be convicted of a crime, or any other similar gross misconduct. CITY OF BOYNTON BEACH RFP No.:061-2910-15/JMA 8 Page 61 of 754 R15-126 i I CONCESSIONAIRE SERVICES TO OPERATE A RESTAURANT AT THE BOYNTON BEACH LINKS GOLF COURSE THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and ULTIMATE BAKERY and PASTRY INC., hereinafter referred to as "the Operator", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Operator is retained by the City to perform Concessionaire services in connection with the REQUEST FOR PROPOSAL FOR RESTAURANT CONCESSIONAIRE SERVICES AT LINKS GOLF COURSE, located at 8020 Jog Road, Boynton Beach, Florida. 2. SCOPE OF SERVICES. Operator agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. LEASEHOLD PREMISES. The City agrees to lease to an Operator a portion of the designated City facility located at the Links Golf Course. Location is in the Golf Clubhouse The space is designated as the "restaurant", and is owned by the City of Boynton Beach, Florida and operated for the selling of food and beverages to golf patrons and the general public. 4. TERM OF LEASE AGREEMENT: The lease agreement shall be for a period of two(2) years, IVBZOIiTt) N(t �/� 2.017 , with an option to renew for three (3) additional one-year periods at the sole discretion of the City. 5. PAYMENT. The Concessionaire shall pay the City an annual sum of$7,000.00 or 6.5% of the gross sales, whichever is greater, for year one; and an annual sum of$8,000.00 or 7.5%of the gross sales, whichever is greater, for year two. Monthly payments will be established by Ultimate Bakery and Catering and the City. a. Said payment shall be made and received by the City on or before the 1St da�of each and every month. A late fee of 15% will be charged if payment is received after the 5 day of the month. Any monthly payment not received by the 25 day of the month shall be grounds for termination of the contract. b. Operator will keep accurate records of all sales and receipts through the use of electronic cash registers, which provide daily tapes and reports. The Operator will prepare a monthly report to the City and attach copies of daily tapes of each report. The City will have the right to inspect the books, records and inventories of the Operator at any given time. Monthly reports shall be due on the first of each month. c. Final payment of any balance due the City of the total contract price will be made promptly upon its ascertainment and verification by the City after the completion of concession services under this agreement and its acceptance by the City. d. Security deposit of$1,500.00 made by the Operator at time of award will be returned to Operator at the end of the lease, without interest, after determination that the Operator has fulfilled all terms of the lease and left the premises in adequate condition, as determined by the Links Golf Course Manager. e. The Operator's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the final payments. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Operator in connection with the services rendered under this agreement shall be the property of the City. CITY OF BOYNTON BEACH RFP No.:061-2910-15/JMA 1 Page 62 of 754 R15-126 Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. 19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Vendor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Vendor. DATED this v day of �` 2015. CITY OF BOYNTON BEACH ULTIMATE BAKERY AND PASTRY, INC. a L ri LaVerriere, City Manager �� Name WN Attest/Authenticated: �1 Title (Corporate Sea)) ?Jaetrainito, City Clerk Approved as to F Attest/Authenticated- James A. Cherof, Attorney Secretary CITY OF BOYNTON BEACH RFP No.:061-2910-15/JMA 4 Page 63 of 754 6.C. CONSENTAGENDA 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-116 -Approve and authorize the execution of an I nterlocal Agreement with the Palm Beach County Supervisor of Election for vote processing equipment use and election services. EXPLANATION OF REQUEST. The Palm Beach County Supervisor of Elections requires municipalities to enter into an Interlocal Agreement listing the services the Supervisor's office would provide along with their associated costs. This I nterlocal Agreement spells out all of the duties, responsibilities and fees associated with hosting municipal elections. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Continued cooperation with the Supervisor of Elections' Office will assure smooth election cycles now and in the future. FISCAL IMPACT: Non-budgeted Non-budgeted as there are no open seats on the Commission in 2018; however, a special election could become necessary and the agreement would already be authorized. ALTERNATIVES: If this agreement is not approved, the City of Boynton Beach would have to conduct its own elections and the City does not have the equipment or resources to do that without the assistance from the Supervisor of Elections. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 64 of 754 ATTACHMENTS: Type Description D Resolution Resolution approving Agreement with Palm each County Supervisor of Election D I nterlocal Agreement I nterlocal Agreement w/ Supervisor of Elections Page 65 of 754 I RESOLUTION NO. R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE 5 CITY OF BOYNTON BEACH AND THE PALM BEACH COUNTY 6 SUPERVISOR OF ELECTIONS FOR VOTE PROCESSING 7 EQUIPMENT USE AND ELECTION SERVICES; AUTHORIZING 8 THE MAYOR AND CITY CLERK TO EXECUTE SAID 9 AGREEMENT; AUTHORIZING THE CITY MANAGER TO ENTER 10 INTO SUBSEQUENT AGREEMENTS; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the Palm Beach County Supervisor of Elections requires municipalities 15 to enter into an Interlocal Agreement listing the services her office would provide along with 16 their associated costs; and 17 WHEREAS, the Supervisor of Elections and the City wish to enter into this 18 Agreement to set out the terms of this coordinated program; and 19 WHEREAS, the City Commission of the City of Boynton Beach, upon the 20 recommendation of staff, approves the Interlocal Agreement between the City of Boynton 21 Beach and the Palm Beach County Supervisor of Elections for vote processing equipment use 22 and election services. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 26 being true and correct and are hereby made a specific part of this Resolution upon adoption 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach hereby approves 29 the Agreement between the City of Boynton Beach and the Palm Beach County Supervisor of C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\2A769BD1-C3DD-49AE-8D1E-FEF9ABE63194\Boynton Beach.7712.1.ILA with Supervisor_of Elections_2018_-_Reso.doc Page 66 of 754 30 Elections for vote processing equipment use and election services and authorizes the Mayor 31 and the City Clerk to execute said Agreement, a copy of which is attached hereto as Exhibit 32 "A". 33 Section 3. The City Manager is hereby authorized to enter into subsequent 34 agreements with the Supervisor of Election that facilitate municipal elections, amendments or 35 annual updates to this Agreement without the necessity of additional approval by the City 36 Commission. 37 Section 4. That this Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this day of , 2017. 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 YES NO 42 43 Mayor— Steven B. Grant 44 45 Vice Mayor—Justin Katz 46 47 Commissioner—Mack McCray 48 49 Commissioner—Christina L. Romelus 50 51 Commissioner—Joe Casello 52 53 54 VOTE 55 ATTEST: 56 57 58 59 Judith A. Pyle, CMC 60 City Clerk 61 62 63 64 65 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\2A769BD1-C3DD-49AE-8D1E-FEF9ABE63194\Boynton Beach.7712.1.ILA with Supervisor_of Elections_2018_-_Reso.doc Page 67 of 754 AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTION SERVICES BY AND BETWEEN THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND THE "INSERT MUNICIPALITY NAME" THIS AGREEMENT, is made and entered into this day of 2017, effective January 1, 2018, by and between the Palm Beach County Supervisor of Elections, an elected county officer_pursuant to_Article_VIII, Sec.l(d) of the Florida Constitution, hereinafter referred to as the "SOE", and the [insert name of municipality] , a municipal corporation, chartered and organized in accordance with the laws of the State of Florida, hereinafter referred to as the"Municipality".. WITNESSETH: WHEREAS, Chapters 97 to 106, Florida Statutes, constitute the Florida Election Code (the "Code")which applies to municipalities where expressly so stated; and WHEREAS, Sec 100.3605, Florida Statutes, states that "[T]he Florida Election Code, chapters 97-106 shall govern the conduct of a municipality's election in the absence of an applicable special act, charter, or ordinance provision"; and WHEREAS, the Municipality and the SOE desire to work together to provide for municipal elections and to allocate certain responsibilities and expenses between the two parties to ensure that the provisions of the Code are followed during municipal elections; and WHEREAS, the SOE and the Municipality wish to enter into this Agreement to set out the terms of this coordinated program. NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for the mutual benefit of the Municipality, its constituents and the SOE, it is agreed as follows: 1. PURPOSE: The purpose of this Agreement is to set forth the terms and conditions under which services will be provided by the SOE and staff to the Municipality for municipal elections and to set forth the responsibilities of both parties so that there is a clear understanding of the rights and responsibilities of all parties. Such rights and responsibilities shall apply to the General, Run-Off, Viand Recount elections as necessary as well as the Post Election Audit, unless otherwise stated herein below. 2. DATE OF GENERAL MUNICIPAL ELECTION: The date of [ Name of Municipality's ] General Municipal election is March 13, 2018. It is hereby acknowledged and agreed that if the date listed is the same as most other municipalities in March or November, there will be a cost sharing among municipalities for costs incurred by the SOE. Such costs shall be allocated on a pro-rata share basis; otherwise, it is hereby acknowledged and agreed upon by the municipality that it is responsible for all costs of the election, incurred by the office of the SOE. 1 Page 68 of 754 a 3. FEES AND CHARGES TO BE PAID BY THE MUNICIPALITY: i The SOE hereby agrees not to charge Municipalities for taxpayer purchased equipment and supplies; (i.e. voting machines, tables, chairs, etc.) and associated maintenance and contract fees related to such equipment in return for which the Municipality hereby agrees not to charge the SOE for polling places or poll worker training facilities and allow their use for any training, within its dominion and control. Examples of municipal elections charges related to certain services performed by the SOE to be passed through to the:Municipality on a shared pro rata basis for all municipalities holding elections on a general election day (i.e. 2"d Tuesday in March or November) are attached hereto as Exhibit A. All items to be paid or reimbursed to the SOE will be paid by the Municipality within thirty (30) days of receipt of an invoice from the SOE with documentation verifying the charges. Examples of total costs to small, medium and large municipalities are attached hereto as Exhibit B. 4. RESPONSIBILITIES OF BOTH THE MUNICIPALITY AND THE SOE FOR MUNICIPAL ELECTIONS: A. Notice and Advertisement (1) Municipality (a) Properly call and advertise the election according to statutes and charter at its own expense. (b)Issue a resolution or ordinance to the SOE requesting that the Supervisor of Elections conduct the municipality's election,provide ballot language for any ballot questions within the resolution if applicable and appoint at least 3 members of the Municipality's Canvassing Board,which may or may not include the SOE, at the SOE's discretion. (c)certify that the registered voter information provided by the SOE to the municipality reflects the proper boundaries of the city and notify the SOE of any changes. (2) SOE (a) Publish legal notices for Logic & Accuracy testing, absentee ballot canvass, Post Election Audit and news releases on book closing. B. Qualifying Candidates and Petition Initiatives (1) Municipality (a) Provide qualifying packets to candidates and accept and process all qualifying papers and fees. (b) Collect Name and Pronunciation Guides from the candidates at the time of qualifying and submit to SOE. (c) Respond to all candidate inquiries and questions. (d) Respond to all legal inquiries and questions. (e) Respond to all media inquiries. (f) Provide all necessary information and materials for petition initiative process (2) SOE (a) Verify signatures on any qualifying petitions submitted by candidates or for petition 2 Page 69 of 754 initiatives and notify the municipality of such results upon the close of the candidate qualifying or petition initiative deadlines as applicable. C. Ballots (1) Municipality (a) Review, amend (if necessary)and approve ballot proof prepared by SOE. (b) Place an order with the SOE for a sufficient quantity of ballots as applicable. (c) Pay ballot design costs to the SOE as incurred. 1 (d) Pay the ballot printer directly for the cost of said ballots. (e)Reimburse the SOE for costs incurred for translation and audio recording of ballot. (f)Reimburse SOE for preparation of Absentee Ballot, Edge layout and Sample Ballot. (2) SOE (a) Layout, check, proof and deliver ballot layout to the printer. (b) Receive, securely store and account for all ballots until disbursed to polling places. (c) Contract to have audio recorded for Touch Screen ballot. (d) Control all access to unvoted ballots while in the possession of the SOE. D. Equipment Testing (1) Municipality (a) Provide that a representative will be present during the Logic and Accuracy testing as noticed by SOE. (2) SOE (a) Develop a unique test script and manually mark ballots to be used in public Logic& Accuracy test. (b) Conduct public Logic&Accuracy test. E. Early Voting—Optional (1) Municipality (a) Reimburse the SOE for staff overtime hours due to weekend and/or evening hours for Early Voting. (b) Pay SOE for Early Voting supplies. (c) Contract with, schedule and pay poll workers directly. (d) Deliver voted ballots to SOE daily at a location designated by SOE. (e) Designate Early Voting sites 120 days prior to each Election and notify SOE in writing of the locations. (2) SOE (a) Prepare and provide all supplies needed for each Early Voting site. (b) Provide the Municipality with a list of poll workers. (c) Train poll workers. (d) Provide staffing to accept voted ballots daily at a location designated by SOE. 3 Page 70 of 754 F. Absentee Voting (1) Municipality (a) Reimburse SOE for all postage costs incurred at the current postal rate. (b) Pay SOE for materials and handling of each absentee ballot. (c) Pay SOE $.10 per absentee ballot for verifying signatures on returned voted ballot certificates. (d) Refer all requests for absentee ballots to SOE. (2) SOE (a) Determine eligibility and compile Absentee Ballot file. (b) Accept all requests for Absentee Ballots by telephone, mail or in person. (c) Prepare and mail Absentee Ballots. (d) Deliver Absentee Ballots to the Post Office. (e) Receive voted Absentee Ballots. (f) Verify signatures on returned voted Absentee Ballot certificates. (g) Prepare and open Absentee Ballots for tabulation. (h) Account for all Absentee Ballots. (i) Notify Absentee Ballot voter and provisional voters of the disposition of the Canvassing Board as required by law. 0) Record Absentee Ballot returns to voter history. (k) Conduct public testing of Logic and Accuracy for Absentee Ballot tabulating equipment. (1) Provide qualified staff to operate tabulation equipment to count Absentee Ballots. G. Polling Places (1) Municipality (a) Arrange for the use of an adequate number of polling places. (b) Confirm polling place accessibility and ADA compliance. (c) Notify SOE in writing thirty(30) days prior to election of the need for tables and chairs if necessary. (d) Notify SOE of polling locations to be used no later than noon the Friday after the municipal candidate qualifying deadline. (e) Notify the SOE not less than 30 days prior to the election that a polling place will be moved to another site. (f) Notify voters, as required by law, if their regular polling place is to be temporarily relocated. (2) SOE (a) Provide the Municipality with a list of polling places and SOE contract. (b) Provide tables and chairs upon written notice from the Municipality when required. (c) Provide polling place supplies, i.e. signs, cones, etc. (d) Notify voters and the Municipality of permanent polling place change(s). H. Precinct Supplies 4 Page 71 of 754 (1) Municipality (a) Pay SOE for precinct supplies provided. (b) Provide a secure place for precinct clerks to return supplies and voted ballots on election night. (c) Pay SOE for the production of Precinct Registers or for programming electronic poll books and related communication fees. (d) Pay directly to the SOE's contracted moving company to have voting equipment delivered and picked up from polling place no later than the day before the election and returned after the election. (2) SOE (a) Provide Precinct Registers or electronic poll books for each polling place location. (b) Provide,Master CD compilation of registered voters for precinct advisors or provide up to date electronic poll books. (c) Provide certification of registered voters after book closing. (d) Prepare equipment, cabinets and routing of voting equipment delivery. (e) Provide laptop computer at each polling place or electronic poll books. (f) Provide CD of voter file database for each polling place or up to date electronic poll books. (g) Provide poll worker Clerks with cell phones. (h) Provide Provisional Ballot envelopes and affidavit forms for each polling place. (i) Provide secrecy sleeves in a number and amount appropriate for each polling place. I. Poll Workers (1) Municipality (a) Contact, contract with and pay poll workers directly(using only poll workers who are currently on the SOE list, or individuals who have successfully completed required training). (b) Schedule and notify poll workers of training classes. (c) Reimburse SOE for expenses incurred for delivery and pick up of equipment to training locations. (d) Reimburse SOE for expenses incurred in printing training material. (e) Reimburse SOE for expenses incurred for trainers to train poll workers. (f) Reimburse SOE for expenses incurred for contracted training locations. (2) SOE (a) Provide the Municipality with a list of current poll workers. (b) Develop poll worker training schedule. (c) Plan and contract for training classes and locations. (d) Contract with and pay trainers to train poll workers. (e) Provide printed training materials for poll workers. J. Election Day Support (1) Municipality (a) Verify that all polling places are available to poll workers no later than 6:00 a.m, and open for voting promptly at 7:00 a.m. on Election Day. 5 Page 72 of 754 (b) Ensure that all polling places remain open until 7:00 p.m. or until all voters who are in line to vote at 7:00 p.m. have completed voting. (c) Reimburse SOE for all phone bank costs. (2) SOE (a) Provide an additional list of poll worker replacements if needed. (b) Provide technical support personnel as needed. (c) Provide phone bank support to respond to poll workers and voters on Election Day. K. Ballot Tabulation/Counting of Election Results (1) Municipality (a) Deliver all voted ballots and other necessary election related items to a place designated by the SOE after the polling places have closed on Election Day. (b) Deliver all voting machine cartridges to a place designated by the SOE after the polling places have closed on Election Day. (c) Reimburse the SOE for any staff overtime and other expenses in relation to the tabulation and processing of ballots on Election Day.. (d) Act as member of Canvassing Board. (2) SOE (a' Provide technical staff and required equipment to administer tabulation and election results. (b) Assist and act, or appoint a designee to assist and act on the SOE's behalf, as a member of the Municipality's Canvassing Board if desired by the municipality and approved by the SOE or act as a member of the County Canvassing Board if it canvasses the municipality's election, if allowed by law. (c) Post election results on SOE WEB site and provide the same to Channel 20. (d) Provide the Municipal Clerk with unofficial election results upon conclusion of tabulation and canvassing of ballots cast on Election Day, L. Post Election Day (1) Municipality (2) SOE (a) Provide the Municipal Clerk with an official certification of election results if allowed by law. (b) Store all necessary election records and ballots until the expiration of retention period prescribed by statutes. (c) Process polling place affirmation forms. (d) Sort, inventory,pack and store all election materials for retention and disposition. (e) Notify voters of the disposition of their Absentee or Provisional Ballots after the determination by the Canvassing Board,as required by law. (f) Respond to public records requests regarding records kept on behalf of the Municipality. (g) Record voting history for each voter who voted on Election Day. M. Audit 6 Page 73 of 754 (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration of the audit. (b) Reimburse SOE for any staff time or other related expenses as may result from conducting the manual audit. (2) SOE (a) Organize precinct information to allow the Municipal Clerk to randomly select the race and precinct(s)that shall be audited. (b) Organize and prepare ballots for manual audit. (c) Provide SOE staff to conduct manual audit. (d) Ascertain and publically post manual audit result to SOE WEB site. N. Recount (1) Municipality (a) Provide that the Municipal Clerk will be responsible for the administration of the Recount,with support and guidance from the SOE. (b) Act as a member of the Canvassing Board. (c) Notify the candidates of the time and date of the Recount. (d) Post public notice(s) of the Recount with the time and location. (e) Cause to have the Recount recorded and minutes kept and approved by the Canvassing Board. (f) Review with the Canvassing Board and the counting teams the statutes and rules of the Division of Elections, specifically Rule 1 S-2.031. Recount Procedures; and Rule 1 S- 2.027. Standards for Determining Voter's Choice on a Ballot. (g) Reimburse the SOE for all staff salaries/overtime, facility and other expenses required to conduct the Recount. (2) SOE (a) Post public notice(s)of the Recount with the time and location. (b) Test tabulating equipment as required by Sec. 101.5612,Florida Statues. (c) Provide counting teams for examining out stacked ballots. (d) Prepare and organize ballots for Recount processing. (e) Tabulate ballots and provide professional staff for equipment operations. (f) Provide official certification as determined by the Canvassing Board. 5. INDEMNITY: Each party to this agreement shall be liable for its own actions and negligence. To the extent permitted by law, the Municipality shall indemnify, defend and hold harmless SOE against any actions, claims or damages arising out of the Municipality's negligence in connection with performance under this Agreement; and the SOE shall indemnify, defend and hold harmless the Municipality against any actions, claims or damages arising out of the negligence of SOE in connection with its performance under this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth at Sec. 768.28, Florida Statutes. In no case shall such limits for the Municipality extend beyond $200,000 for any one 7 Page 74 of 754 person or beyond $300,000 for any judgment which, when totaled with all other judgments, arises out of the same incident or occurrence. These provisions shall not be construed to constitute agreement by either party to indemnify the other for such other's negligent, willful or intentional acts or omissions. In the event of litigation, trial or appellate, between the Municipality and the SOE relating to a municipal election governed by this Agreement, or otherwise in connection with the interpretation or application of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. Notwithstanding the above, the municipality shall defend legal challenges relating to its municipal election and shall be fully responsible for all legal costs including attorneys' fees for such defense of the Municipality and the SOE. The municipality shall be responsible for damages, if any, assessed by virtue of such lawsuit, up to the monetary limits provided for hereinabove without recourse to the SOE. 6. In the event of a Special Election, the municipality shall enter into a separate contract and receive the approval of the Supervisor of Elections for the actual election date at least 90 days prior to a Special Election. The expense of any Special Election shall include all actual costs incurred by the Supervisor of Elections, including hourly and salaried staff costs and other related election expenses as documented. 7. Any municipal annexations must be submitted to the Supervisor of Elections Office in full on or before January 1 in order to be included within the municipal boundaries for the March elections or at least 90 days prior to any other election. -78. TERM: This Agreement shall begin on the effective date January 1, 2018 and continue for a term of one year in order to cover he municipal election cycle of Municipal Election Day and a run-off election, and may be modified by mutual agreement of the parties. Any proposed changes to this Agreement shall be provided to the municipalities no later than August 1 of the applicable year, or as soon as practicable. All other requested services to be provided by the Supervisor of Elections Office shall be by separate contract. 99. CHANGE IN LAW: In the event any change in law abrogates or modifies any provisions or applications of this Agreement,the parties hereto agree to enter into good faith negotiations and use their best efforts to reach a mutually acceptable modification of this Agreement. 1.0. NOTICES: All formal notices affecting the provisions of this Agreement may be delivered in person or be sent by facsimile, registered mail, or by a recognized overnight courier such as FedEx,to the individual designated below, until such time as either party furnishes the other party written instructions to contact another individual. For the SOE: For the Munici ali Supervisor of Elections Name 240 S. Military Trail Street Address j West Palm Beach,Florida 33415 Municipality, FL Attention: Susan Bucher Attention: Manager j 4-011. SEVERABILITY: If any clause, section, or provision of this Agreement shall be declared to be unconstitutional, invalid or unenforceable for any cause or reason, or is abrogated or negated by a change in law, 8 Page 75 of 754 the same shall be eliminated from this Agreement, and the remaining portion of this Agreement shall be in full force and effect and be valid as if such invalid portions thereof had not been 'incorporated herein. 14j 2. By signing this contract,you and your municipality approve the contract as a form of legal sufficiency and certify that this contract has met all of the legal requirements of your Municipal Charter and all other related laws. 4-213. NO MODIFICATION EXCEPT IN WRITING: This is the complete and final agreement between the parties. No representations other than those set forth herein shall be binding upon the parties. No modification of this agreement shall be effective unless submitted in writing and signed by both parties, or their duly authorized representatives. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective January 1, 2018. As to the SOE: WITNESSES: SUPERVISOR OF ELECTIONS PALM REACH COUNTY Susan Bucher Date: As to the MUNCIPALITY: ATTEST: INSERT NAME OF MUNICIPALITY Municipal Clerk , Mayor (Affix Municipal Sea]) Date: 9 Page 76 of 754 Exhibit Supervisor of Elections Municipal Elections Charges ---------------- 2018 COSTS ---------- Single N Vii: Uniform i " Election u p Elections ABSENTEE BALLOTS Set up AB fee 0.40 0.03 r7. On Call Support - Pitney Bowes , 0.16 Prepare and mail Absentee Ballots {w (machine use, voter file, postage) - materials and postage 2.20 2.20 Provide absentee voting - prep3 and mailing; staff time 0.88� ;'' 0.66 Process absentee ballot requests, staff time 1.17 1.17 Recording/verification of Absentee1' Ballot returns - staff time 1.17 1.17 Ballots on the disposition of Canvassing Board 0.12 ; 0.12 TOTAL ABSENTEE BALLOT SERVICES 5.9 4 , 5.50 MUNICIPAL PACKAGE y <j Arrange for translating, printing and recording of audio ballot TBD 4 , TBD ,eta, Provide polling place supplies — signs, cones, tables, chairs, etc. 25.00� 25.00 Page 77 of 754 t� Publish legal notices (L&A testing, t AB canvassing) 941.83 f1 59.74 L&A test development (unique test script, manual ballot marking, pretesting for comparisons and pulling equipment for public tests) 156.71 � 156,71 Election Day support (all staff ' available & phone bank for voters) 3,977.32is 714.14 Election Morning and Night OT ' staff 1,559.19 599.69 Assist the municipality with canvass of Absentee Ballots 367.75fj t` 367.75 S Post of election results on WEBS. site and on Channel 20 104.19 104.19 Interface with candidates, press, city staff, city attorneys regarding Election Law 200.95 200.95 t Assist in finding poll worker { replacements 54.31 54.31 ,50" Prepare to conduct mandatory audit days after election 120.08 120.08 Store all ballots for mandatory 12 �s months Provide certification of registered 11' voters after book closing 71.66 71.66 Provide certification of election results 71.66 71.66 Prepare information for upload to �1 ePollBooks Jeff D 85.05 ,111, 85.05 Prepare Absentee Ballot, Edge layout and Sample Ballot - EC 143.32 F143.32 Prepare Absentee Ballot, Edge P } layout and Sample Ballot - IT 170.09 „s 170.09 Page 78 of 754 TOTAL MUNICIPAL PACKAGE SERVICES 8,049.11 , 2,944.34 PRECINCT SERVICES` Prepare Clerk bags incl Ipad,cell ii phones and election materials - IT and PW Staff time 13.65' ' 13.65 Delivery and Pick up of voting equipment to training locations 12.92 f ' 4.84 ff I,t Prepare equipment cabinets and `k routing of voter equipment 22.60�?� 22.60 Prepare precinct scanners and ADA Touch screen equipment 22.60 i 22.60 Management of voting history { (post elections) 26.87 `z4 26.87 Plan training class locations/trainers payroll/printed training materials 43.35 43.35 „P t iPAD programming and prep time _IT staff 10.28s 10.28 iPADs Data Service 144.00 144.00 Notification to provisional voters re: the disposition of Canvassing , Board 4.97 Copy of current polling place contract 0.15 f1 0.15 Copy of current poll workers 0.15 0.15 TOTAL PRECINCT SERVICES 301.54f 293.461, Translation services incurred will be included in the SOE invoice to the municipalities that required the service. Page 79 of 754 � � i i & § Q 2 k Cli � � ® ® � ® ® 61). C / m U) -V�) o » e e 0 z. z k 2 0 � LU w [ LU � $ \ w © ® ' U. \ k2 � e 0 a m � � 0 # # 7 S k r CD o s CL .0 � � 0 0 0 q* 00 w L c » W F- Ln � � cn ® Q 04 2 2 2 \ ® 2 ©V.- § ® � 0) ° § 2 � 2 2 m m CL 0 I G # § o � 8 # § o & E fClt � f qCli c % u U � % 2 = S k 2 2 2 2 » § / Q u U) « -i u le $ -i � $ $ $ 2 u U 2 0 0 0 C .0 c 8 § 2 2 2 k & 2 a ' / ' Q k m a K } � CL a0 ■ / 2 2 $ @ 0 � E _ ~ r ' £ a .u CL co t cr0 » E3 = 22 & f z L) z Q a e e c 0 E w o E w o u 3 2 2 « ca -j LMk g I a. _ _ & 2 / § b L < 2 § b < § . _ z z >0 z > E U Q 2\ \ k E z 2 Cl ■ z 2 « £ E E Page 80 of 754 6.D. CONSENTAGENDA 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-117- Amend the FY2016-2017 Budget to adjust budgeted appropriations and revenue sources to provide spending authority for Operating and Capital Improvement Projects as needed to cover expenditures and budget transfers between departments for FY 2016-2017. EXPLANATION OF REQUEST: The FY 16/17 Budget was adopted in September of 2016, as a result of normal day to day operations of the City there is a need to adjust various funds, departments and line items within the adopted budget to reflect actual expenditures for FY 16/17. This request is considered a normal event in the annual budget process. Budget adjustments between departments or that will increase a Fund's total appropriations require City Commission approval. The General Fund budget and budgets for other funds have been modified to accommodate for unforeseen events or additional funding needs. Staff is requesting approval of these budget adjustments made during FY2016-17. Accordingly during FY2016-17 necessary budget modifications have been made in various Funds between department/divisions. Thus adopted appropriations for some department line items have been presented on Exhibits A, B, and C. Staff is requesting approval for the budget adjustments made in FY2016-17. • The General Fund (001) has various line items that need adjusted, but overall the General Fund appropriations will remain at$83,766,737; • The Traffic Safety Fund (103) will be amended from $272,281 to $320,281 to adjust appropriations for operational expenses; • The Public Arts Fund (151) will be amended from $250,459 to $271,459 to provide appropriations for operational expenses; • The Warehouse Fund (502) has will be amended from $305,208 to $313,708 to adjust appropriations for personnel costs; • The Water & Sewer Utility Fund (401) has various line items that need adjusted, but overall the Water & Sewer Utility Funds appropriations will remain at$42,245,296 • The Boynton Beach Memorial Park Fund (631) will be amended from $318,294 to $348,294 to adjust appropriations for operational expenses. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City would continue to follow good and appropriate budgeting practices. FISCAL IMPACT: Budgeted See Exhibits A-C for the fiscal impact. ALTERNATIVES: None Page 81 of 754 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution appro\4ng Budget Amendment 2016- 17 D Addendum FY16/17 Budget Amendment: Exhibts A, B, C Page 82 of 754 I RESOLUTION R17- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING THE ADOPTED BUDGET FOR 5 VARIOUS FUND FOR THE FISCAL YEAR BEGINNING 6 OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017; 7 PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, a final budget was approved by the City Commission on September 20, 10 2016, for the fiscal year 2016-2017; and 11 WHEREAS, the City Manager is recommending amend the amount necessary to be 12 appropriated for fiscal year 2016-2017 for various funds (see Exhibit A, Exhibit B and 13 Exhibit Q. 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 15 THE CITY OF BOYNTON BEACH, FLORIDA: 16 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 17 being true and correct and are hereby made a specific part of this Resolution upon adoption 18 hereof. 19 Section 2. The City Commission of the Boynton Beach, Florida, hereby amends 20 the appropriated FY 2016-2017 budget for the Traffic Safety Fund from $272,281 to 21 $320,281; the Public Arts Fund from $250,459 to $271,459; the Warehouse Fund from 22 $305,208 to $313,708; and the Boynton Beach Memorial Park Fund from $318,294 to 23 $348,294. A copy of such amendment and/or adjustment is attached hereto as Exhibit"A", 24 Exhibit "B" and Exhibit "C" and the appropriations set out therein for the fiscal year 25 beginning October 1, 2016 and ending September 30, 2017, to maintain and carry on the 26 government of the City of Boynton Beach. 27 Section 3. That there is hereby appropriated revised amounts to various funds C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C4C72BB3-BD9F-4757-B31C-DE2B63F8100E\Boynton Beach.7708.1.FY2016-17 Budget_Amendment Resolution (Nov_21_2017).Doc Page 83 of 754 28 (see Exhibit B and Exhibit C)pursuant to the terms of the budget. 29 Section 4. This Resolution shall become effective immediately upon passage. 30 PASSED AND ADOPTED this 21st day of November, 2017. 31 CITY OF BOYNTON BEACH, FLORIDA 32 33 YES NO 34 35 Mayor— Steven B. Grant 36 37 Vice Mayor—Justin Katz 38 39 Commissioner—Mack McCray 40 41 Commissioner—Christina Romelus 42 43 Commissioner—Joe Casello 44 45 46 VOTE 47 ATTEST: 48 49 50 51 Judith A. Pyle, CMC 52 City Clerk 53 54 55 56 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\C4C72BB3-BD9F-4757-B31C-DE2B63F8100E\Boynton Beach.7708.1.FY2016-17 Budget_Amendment Resolution (Nov_21_2017).Doc Page 84 of 754 CITY OF BOYNTON BEACH Exhibit A EXPENDITURE&REVENUE AMENDMENTS BUDGET YEAR 2016-17 2016/17 CITY MANAGER 2016/17 CURRENT Approved Budget Adjustment AMENDED GENERAL FUND DEPARTMENTS BUDGET Revenue Expenditures BUDGET 001-1110-511.11-10 EXECUTIVE SALARIES 81,510 14,000 95,510 001-1110-511.64-16 FURNITURE&FIXTURES 0 16,000 16,000 001-1110-511.95-47 COMMUNITY INVESTMENTS 10,000 (2,000) 8,000 001-1211-512.43-10 ELECTRIC SERVICE 230,000 (28,000) 202,000 001-1210-512.12-10 REGULAR SALARIES/WAGES 448,829 22,000 470,829 001-1210-512.14-10 OVERTIME 0 4,100 4,100 001-1210-512.21-10 EMPLOYER FICA 23,182 8,500 31,682 001-1212-519.49-17 OTHER CONTRACTUAL SRVS 67,374 (34,600) 32,774 001-1910-514.31-15 LEGAL-LAND ACQ/TITLE 25,000 13,000 38,000 001-1910-514.31-14 LEGAL-LITIGATION CONTING 24,360 (13,000) 11,360 001-2110-521.12-10 REGULAR SALARIES/WAGES 7,065,401 300,000 7,365,401 001-2110-521.14-10 OVERTIME 500,000 730,000 1,230,000 001-2110-521.21-10 EMPLOYER FICA 550,441 160,000 710,441 001-2110-521.14-20 REIMBURSABLE WAGES 425,000 (120,000) 305,000 001-2110-521.23-30 HEALTH INSURANCE 990,348 (119,000) 871,348 001-2110-521.46-30 VEHICLE MAINT.-GARAGE 970,780 (315,000) 655,780 001-2110-521.49-17 OTHER CONTRACTUAL SRVS 374,000 (75,000) 299,000 001-1211-512.99-01 CONTINGENCY 750,000 (561,000) 189,000 001-2111-521.14-10 OVERTIME 40,000 30,000 70,000 001-2111-521.14-20 REIMBURSABLE WAGES 13,680 12,500 26,180 001-2111-521.23-30 HEALTH INSURANCE 201,575 (42,500) 159,075 001-2112-521.12-10 REGULAR SALARIES/WAGES 4,429,145 140,000 4,569,145 001-2112-521.14-10 OVERTIME 470,000 504,000 974,000 001-2112-521.21-10 EMPLOYER FICA 344,038 85,000 429,038 001-2112-521.14-20 REIMBURSABLE WAGES 30,000 (3,500) 26,500 001-2112-521.22-11 STATE PENSION 16,000 (6,500) 9,500 001-2112-521.23-30 HEALTH INSURANCE 657,311 (105,000) 552,311 001-2112-521.41-10 TELEPHONE SERVICES 41,044 (11,000) 30,044 001-2112-521.46-22 COMPUTER MAINTENANCE 53,525 (15,000) 38,525 001-2112-521.46-91 SOFTWARE MAINTENANCE 208,106 (15,000) 193,106 001-2112-521.52-22 UNIFORMS 39,946 (9,000) 30,946 001-2112-521.64-15 COMPUTER EQUIPMENT 88,010 (12,500) 75,510 001-2112-521.54-30 TRAINING 47,300 (9,000) 38,300 001-1310-512.12-10 REGULAR SALARIES/WAGES 278,016 (37,000) 241,016 001-1310-512.47-22 CODIFY ORDINANCES 12,229 (7,000) 5,229 001-1310-512.49-15 ELECTION EXPENSE 70,000 (26,000) 44,000 001-1310-512.49-16 COURT COSTS 5,000 (3,500) 1,500 001-1410-513.12-10 REGULAR SALARIES/WAGES 772,560 (120,000) 652,560 001-1211-512.49-17 OTHER CONTRACTUAL SRVS 342,000 (160,000) 182,000 001-1211-512.99-01 CONTINGENCY 189,000 (189,000) - 001-2210-522.12-10 REGULAR SALARIES/WAGES 10,983,183 1,221,000 12,204,183 001-2210-522.14-10 OVERTIME 353,000 24,000 377,000 001-2210-522.21-10 EMPLOYER FICA 827,978 150,000 977,978 001-2210-522.31-20 PHYSICIAN EXAMS 17,000 33,000 50,000 001-2210-522.46-30 VEHICLE MAINT.-GARAGE 309,580 (57,000) 252,580 001-2210-522.64-06 SAFETY EQUIPMENT 154,765 (52,000) 102,765 001-2210-522.46-91 SOFTWARE MAINTENANCE 63,104 (10,000) 53,104 001-2210-522.52-23 SAFETY CLOTHING/EQUIP. 262,645 (9,000) 253,645 Page 85 of 754 CITY OF BOYNTON BEACH Exhibit A EXPENDITURE&REVENUE AMENDMENTS BUDGET YEAR 2016-17 2016/17 CITY MANAGER 2016/17 CURRENT Approved Budget Adjustment AMENDED GENERAL FUND DEPARTMENTS BUDGET Revenue Expenditures BUDGET 001-2111-521.12-10 REGULAR SALARIES/WAGES 1,675,837 (112,000) 1,563,837 001-2111-521.12-20 HOLIDAY PAY 80,000 (25,000) 55,000 001-2111-521.41-10 TELEPHONE SERVICES 20,000 (14,000) 6,000 001-2111-521.46-91 SOFTWARE MAINTENANCE 7,300 (5,000) 2,300 001-2111-521.49-17 OTHER CONTRACTUAL SRVS 74,700 (8,000) 66,700 001-2111-521.52-51 LAW ENFORCEMENT SUPPLIES 109,062 (13,000) 96,062 001-2111-521.54-35 COLLEGE TUITION REIMB. 5,000 (4,000) 1,000 001-2211-522.12-10 REGULAR SALARIES/WAGES 1,247,913 (173,000) 1,074,913 001-2211-522.21-10 EMPLOYER FICA 92,730 (11,000) 81,730 001-2211-522.23-30 HEALTH INSURANCE 159,659 (36,000) 123,659 001-2211-522.34-25 NUISANCE ABATEMENT 35,700 (22,000) 13,700 001-2211-522.46-30 VEHICLE MAINT.-GARAGE 22,000 (17,000) 5,000 001-2211-522.46-91 SOFTWARE MAINTENANCE 7,100 (6,000) 1,100 001-2211-522.49-17 OTHER CONTRACTUAL SRVS 9,247 (3,000) 6,247 001-2211-522.52-22 UNIFORMS 8,250 (2,000) 6,250 001-2211-522.64-33 VEHICLE PURCHASES 50,000 (50,000) - 001-2220-525.49-17 OTHER CONTRACTUAL SRVS 6,000 (4,900) 1,100 001-2220-525.52-91 CERT PROGRAM 3,500 (3,300) 200 001-1212-519.49-17 OTHER CONTRACTUAL SRVS 32,774 (32,000) 774 001-1510-513.12-10 REGULAR SALARIES/WAGES 918,427 (201,000) 717,427 001-1510-513.21-10 EMPLOYER FICA 70,361 (18,000) 52,361 001-1510-513.23-30 HEALTH INSURANCE 113,934 (40,000) 73,934 001-1510-513.41-10 TELEPHONE SERVICES 273,700 (52,000) 221,700 001-1510-513.46-91 SOFTWARE MAINTENANCE 224,450 (17,000) 207,450 001-1510-513.49-17 OTHER CONTRACTUAL SRVS 295,076 (21,000) 274,076 001-1510-513.54-30 TRAINING 6,000 (5,000) 1,000 001-1610-513.12-10 REGULAR SALARIES/WAGES 364,771 (15,000) 349,771 001-1610-513.23-30 HEALTH INSURANCE 48,203 (5,000) 43,203 001-1610-513.46-91 SOFTWARE MAINTENANCE 59,000 (10,000) 49,000 001-1610-513.49-13 RECRUITING EXPENSE 14,500 (8,000) 6,500 001-1610-513.49-17 OTHER CONTRACTUAL SRVS 143,000 (44,000) 99,000 001-1910-514.31-10 RETAINER-CITY ATTORNEY 193,990 (16,000) 177,990 001-1910-514.31-11 LITIGATION FEES&COSTS 170,000 (29,000) 141,000 001-1910-514.31-12 LEGAL-LABOR CONTINGENCY 81,894 (37,000) 44,894 001-1910-514.31-14 LEGAL-LITIGATION CONTING 11,360 (11,000) 360 001-1211-512.91-05 TRANSFER TO SELF INS. 326,850 (120,000) 206,850 001-2419-559.12-10 REGULAR SALARIES/WAGES 92,000 (20,000) 72,000 001-2710-572.12-10 REGULAR SALARIES/WAGES 1,706,649 (28,000) 1,678,649 001-2710-572.21-10 EMPLOYER FICA 130,000 (7,500) 122,500 001-2710-572.49-17 OTHER CONTRACTUAL SRVS 51,220 (19,500) 31,720 001-2730-572.49-17 OTHER CONTRACTUAL SRVS 115,666 (34,800) 80,866 001-2211-522.12-10 REGULAR SALARIES/WAGES 1,074,913 (16,000) 1,058,913 001-2211-522.14-10 OVERTIME 37,000 16,000 53,000 001-2410-524.14-10 OVERTIME 1,000 1,500 2,500 001-2413-524.23-30 HEALTH INSURANCE 56,967 (1,500) 55,467 001-2411-524.12-10 REGULAR SALARIES/WAGES 559,468 19,500 578,968 001-2411-524.14-10 OVERTIME 500 13,500 14,000 001-2411-524.49-17 OTHER CONTRACTUAL SRVS 217,500 180,500 398,000 001-2411-524.23-30 HEALTH INSURANCE 74,495 (15,000) 59,495 001-2411-524.21-10 EMPLOYER FICA 47,324 (3,000) 44,324 001-2411-524.41-15 CELLULAR PHONE/BEEPER 7,500 (4,000) 3,500 Page 86 of 754 CITY OF BOYNTON BEACH Exhibit A EXPENDITURE&REVENUE AMENDMENTS BUDGET YEAR 2016-17 2016/17 CITY MANAGER 2016/17 CURRENT Approved Budget Adjustment AMENDED GENERAL FUND DEPARTMENTS BUDGET Revenue Expenditures BUDGET 001-2411-524.46-30 VEHICLE MAINT.-GARAGE 9,899 (3,000) 6,899 001-2413-524.23-30 HEALTH INSURANCE 55,467 (5,500) 49,967 001-2511-519.12-10 REGULAR SALARIES/WAGES 409,589 (31,000) 378,589 001-2511-519.23-30 HEALTH INSURANCE 113,934 (46,000) 67,934 001-2511-519.34-10 JANITORIAL SERVICES 267,005 (33,000) 234,005 001-2511-519.46-10 BUILDING REPAIRS 97,625 (27,000) 70,625 001-2511-519.46-25 MECHANICAL REPAIRS 274,500 (43,500) 231,000 001-2511-519.52-24 BLDG SUPPLIES/MATERIALS 160,000 (2,500) 157,500 001-2414-515.12-10 REGULAR SALARIES/WAGES 471,362 43,500 514,862 001-2511-519.49-17 OTHER CONTRACTUAL SRVS 190,939 (37,000) 153,939 001-2511-519.52-24 BLDG SUPPLIES/MATERIALS 157,500 (6,500) 151,000 001-2419-559.49-68 COMMERCIAL GRANT PROGRAr 54,000 (45,000) 9,000 001-2419-559.23-30 HEALTH INSURANCE 8,764 (5,000) 3,764 001-2419-559.91-06 TRANSFERS TO GRANTS 0 50,000 50,000 001-2512-541.43-11 STREET LIGHTING 605,000 155,000 760,000 001-2512-541.44-11 FEC RAILROAD LEASE 41,125 (20,000) 21,125 001-2512-541.46-30 VEHICLE MAINT.-GARAGE 57,503 (26,000) 31,503 001-2512-541.23-30 HEALTH INSURANCE 39,439 (19,000) 20,439 001-2512-541.12-10 REGULAR SALARIES/WAGES 132,476 (10,000) 122,476 001-2512-541.53-10 ST.REPAIR&MAINT.SUPPL 39,000 (9,000) 30,000 001-2730-572.12-10 REGULAR SALARIES/WAGES 647,226 (55,000) 592,226 001-2730-572.23-30 HEALTH INSURANCE 153,372 (16,000) 137,372 001-2610-571.12-10 REGULAR SALARIES/WAGES 1,243,184 27,000 1,270,184 001-2730-572.46-30 VEHICLE MAINT.-GARAGE 87,448 (27,000) 60,448 001-2710-572.64-03 RECREATION EQUIPMENT 3,600 13,000 16,600 001-2710-572.12-10 REGULAR SALARIES/WAGES 1,678,649 (13,000) 1,665,649 001-2730-572.14-10 OVERTIME 17,600 15,000 32,600 001-2730-572.12-10 REGULAR SALARIES/WAGES 592,226 (15,000) 577,226 001-2730-572.43-20 WATER/SEWER SERVICE 275,000 150,000 425,000 001-2730-572.46-98 GROUNDS MAINTENANCE 1,080,472 (150,000) 930,472 Adopted Fund Appropriations 83,776,737 83,776,737 Page 87 of 754 CITY OF BOYNTON BEACH Exhibit B EXPENDITURE&REVENUE AMENDMENTS BUDGET YEAR 2016-17 2016/17 CITY MANAGER 2016/17 ADOPTED Budget Adjustment AMENDED Traffic Safety Fund BUDGET Revenue Expenditures BUDGET 103-0000-354-05.00 VIOLATIONS LOCAL ORD. 263,281 48,000 311,281 Adopted Fund Total Revenues 272,281 48,000 320,281 103-2110-521.23-30 HEALTH INSURANCE 0 10,000 10,000 103-2110-521.31-11 LEGAL FEES&COSTS 25,000 38,000 63,000 Adopted Fund Total Expenses 272,281 48,000 320,281 Public Arts Fund 151-0000-366.15-00 PUBLIC ARTS 70%PERMIT 10,640 21,000 31,640 Adopted Fund Total Revenues 250,459 21,000 271,459 151-2611-579.12-10 REGULAR SALARIES/WAGES 69,191 6000 75,191 151-2611-579.49-17 OTHER CONTRACTUAL SRVS 117,500 15,000 132,500 Adopted Fund Total Expenses 250,459 21,000 271,459 UTILITY OPERATING FUND(as of 09/30/17) 401-2814-536. - - METER SERVICES 1,068,186 43,000 1,111,186 401-2815-536. - - WASTEWATER COLLECTION 1,667,933 (43,000) 1,624,933 401-2816-536. - - WASTEWATER PUMPING STATION 2,586,495 (265,000) 2,321,495 401-2825-536. - - CUSTOMER RELATIONS 1,446,521 (77,000) 1,369,521 401-2821-536. - - UTILITY ADMINISTRATION 14,710,941 (158,000) 14,552,941 401-2823-536. - - UTILITY ENGINEERING 1,365,747 116,000 1,481,747 401-2824-536. - - STORMWATER MAINTENANCE 966,364 42,000 1,008,364 401-3011-536. - - UTILITY DEBT SERVICE 6,078,488 342,000 6,420,488 Adopted Fund Appropriations 42,245,296 - 42,245,296 Page 88 of 754 CITY OF BOYNTON BEACH Exhibit C EXPENDITURE&REVENUE AMENDMENTS BUDGET YEAR 2016-17 2016/17 CITY MANAGER 2016/17 ADOPTED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET Warehouse Fund 502-0000-389.92-00 NET ASSETS APPROPR -31686 8,500 4,814 Adopted Fund Total Revenues 305,208 8,500 313,708 502-1412-513.12-10 REGULAR SALARIES/WAGES 147,838 8,500 156,338 Adopted Fund Total Expenses 305,208 8,500 313,708 Boynton Beach Memorial Park Fund 631-0000-343.83-00 CEMETERY-SALE OF LOTS 40,000 30,000 70,000 Adopted Fund Total Revenues 318,294 30,000 348,294 631-3110-539.12-10 REGULAR SALARIES/WAGES 147,838 30,000 177,838 631-3110-539.43-10 ELECTRIC SERVICE 1,800 13,000 14,800 631-3110-539.99-05 REFUND ON CEMETERY LOTS 2,000 4,000 631-3110-539.49-17 OTHER CONTRACTUAL SRVS 34,950 (17,000) 17,950 Adopted Fund Total Expenses 318,294 30,000 348,294 Page 89 of 754 6.E. CONSENTAGENDA 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Approve a change order in the amount of$50,000.00 to Johnson-Davis, Inc. for the North and South Roads Stormwater and Water Main Improvements project, increasing the project cost from$2,027,317.60 to $2,077,317.60. EXPLANATION OF REQUEST: On November 15, 2016, Johnson-Davis, Inc. was awarded the contract for the North and South Roads Stormwater and Water Main Improvements project, Bid No. 035-2821-16/TP as the lowest, most responsive and responsible bidder by Resolution R16-055. The awarded bid was in the amount of$1,843,016.00 plus a 10% contingency of$184,301.60 for a total cost of$2,027,317.60. The project includes water main and stormwater improvements in the Harbor Estates neighborhood. The neighborhood borders the Intracoastal Waterway and is prone to water ponding and flooding during rain events. The project includes new potable water main piping, stormwater piping, five (5) stormwater outfalls, and roadway improvements that will result in reduced nuisance flooding and an improved level of service to the residents of the neighborhood. Change Orders No. 1 through 7 have been previously executed and included acceptance of a bid alternate for an outfall on South Road, addition of public relations services to the neighborhood, transferring water services from the rear easement to the street, bid item quantity adjustments, addition of new sanitary sewer services, and time extension due to the impacts of Hurricane Irma and other rain delays. The available contingency for the project has been utilized, and an additional Change Order is needed for the following remaining work: 1. Additional Concrete for Patio and Boat Ramp at East Drive Outfall: $16,836.99 2. Additional Quantities for Sewer Laterals and Sample Points: $19,750.00 3. Conduit on North Road for Future Electrical Services: $7,722.00 4. Additional Unforeseen Conditions: $5,691.01 5. Total: $50,000.00 With the requested Change Order, the Substantial Completion date for the project will be December 8, 2017, and the Final Completion date of all construction activities will be January 8, 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval of the Change Order and completion of the project will result in reduced nuisance flooding and an improved level of service to the residents of the neighborhood. FISCAL IMPACT: Budgeted The funds for the requested Change Order are available in the Utility CI P budget. ALTERNATIVES: Not approve the requested increase to the Purchase Order. Page 90 of 754 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Change Order Request D Attachment R16-055 Page 91 of 754 CHANGEORDERREQUEST October 26,2017 Boynton each Utilities City of Boynton each 124E Woolbright Rd. Boynton Beach,Florida 33435 Attn: Jose C.Huertas RE: East Road Outfall;Nicholas Pitch's Boat Ramp&1/2 of Jim Sherman's Concrete Patio J-D JOB 11328 J-D COR M 11 Jose, The following is our cost summary and detailed breakdown for the additional work requested related to; East Road outfall;Nicholas Pitch's Boat Ramp&1/2 of Jim Sherman's Concrete Patio ATF: TBD TASK 1: East Road Ouffall;Nicholas Pitch's Boat Ramp& 1/2 of Jim Sherman's Concrete Patio ------------7- Labor LS $1,446.97 $1 La 2 gEiE 59 5 1�,�44697 PE RE ttors _ -595.9 5 Equipment L $1,595.65 $1,595M M $0 0 3 Material 1 L -0 en 4 Subcontractors I 4LS $13,794.3a$ Total Amount of COR: $16,836.99 Total Amount of Days Added to COR: 14 Please review and forward to the responsible parties for authorization, As always,should there be any questions,please feel free to contact our office. Sinc rely® Wm,Claik C.Cryer Project Minager Page 92 of 754 Johnson-Davis Inc. Job Name: North and South R22ILt2±aLLats ... Date: 10/26/2017 JD Job#:TI 328 Description of Work: East-Road Ouffall,Nicholas Pitch's Boat Rave &1/2 of Jim Sherman's Concrete Patio Labor Standard rima e -9t-andard artame Name Position Hours Hours Rate Rate Total Hernandez,Jose R Foreman 8 $ 37.50 $ 5625 $ 300.00 Guerrero,Lorenzo 0 air-Exc 6 $ 19.00 $ 28.50 $ 114.00 G.uerreo,Juan 0 er-Ldr 8 1 1&00 $ 2'7.00 $ 144.00 Ruiz,Luis PL 8 $ 18.50 $ 27.75 $ 148.00 Castro Flores,Ramon SL 8 $ 16.75 25.13 $ 1X00 Jo aGonzala z,Heberto St. $ 16.00 $ 24.00 $ Su erintendent Sl $ 49.58 $ 74.37 $ Labor Subtotal $ 840.00 Ll 1 dElf 1 �A 9 7 4 18,14 Markup or)Labor 15.0% 188.74 ment Labor Total 1,446.97 ddtDescri tion Hours ate Total 20-56 Komastu 830 USLC-3EO Excavator 1 8 $ 116.66 93328 30-42 Komats 6 $ 50.96 $ 305.76 Foreman Truck with Hand Tools 1 8 $ 18.56 $ 148.48 Equipment ubto 9s $ 1,337.52 Overhead Cost Markup on Equipment 15.0% S 20813 Matenal&Rentals Equipirnomf Total-$ 1,595.65 Deseri tion Unit Rate Total atrial Subtotal: $ NlarkLJP on Material 15.0% S Po Subcontractor Material Total PDa!scription Unit Rate Total Ratty work ora t3caat Raav► I LS $ 5,600-00 7- 5,600.00 0.5 LS $ 8,600.00 -$ 4,300.00 $ 1 'I 18.5 1775.00 $ 3,237Z]0 .00 Subcontractor rsbtotai. 13,137,50 Markup on SUbcont actors 5.0% S 656.88 Subcontractor Total 13,794.38 Comments: Total: $ 16,836.99 Page 93 of 754 C> CD C> 0 LL 0 Ln 0 C� t- Iq uj en < 0- e` ra> 6s EA Gx� 46S kn W) 00 I C� I Tata 64 4&4 CIS V) fs C> 0 kn C, 0 kn kn 0 L) LAJ Cf U. LO LO 0 m W C14 z ui D 0) CV) co (D 4) C6 0 E 0 0) 3: 2 c CW) 0 C14 0 a z E C6 LO X 0) 0) co z (D r- 00 CO a C6 00 Cc CL > 0 > oo (1) M = 0 0 = E m E E co LL r-- X W co Z to .5 LO C:) w cli m cn fl- z rA rn 0 0 CL 0 Dry 00 0 0 Page 94 of 754 iLL o, �e e4 CL 1 so� GOS GOS Gn rn i 1 1 eAi rt us 04 ca UD 2 CL uy a�= ui 04 mf— 0 o 8— Page 95 of 754 1 RESOLUTION NO. R16-155 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AN AWARD AND AUTHORIZING 5 THE CITY MANAGER TO SIGN A CONTRACT WITH 6 JOHNSON-DAVIS, INC., IN RESPONSE TO BID NO. 035- 7 2821-16/TP FOR THE NORTH AND SOUTH ROADS 8 STORMWATER AND WATER MAIN IMPROVEMENTS 9 PROJECT IN THE AMOUNT OF $1,843,016 PLUS A 10% 10 CONTINGENCY OF $184,301.60 FOR A TOTAL 11 EXPENDITURE OF $2,027,317.60; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, on August 30, 2016, Procurement received and opened five (5) bids 15 in response to Invitation to Bid #035-2821-16/TP "North and South Roads Stormwater 16 and Water Main Improvements"; and 17 WHEREAS, staff reviewed the bid proposals and it was determined that Johnson- 18 Davis, Inc., was the lowest, most responsive, responsible bidder; and 19 WHEREAS, the City Commission of the City of Boynton Beach upon 20 recommendation of staff, deems it to be in the best interest of the citizens of the City of 21 Boynton Beach to award and authorize the City Manager to sign a contract with Johnson- 22 Davis, Inc., for Bid #035-2821-16/TP "North and South Roads Stormwater and Water Main 23 Improvements" project in the amount of$1,843,016 plus a 10% contingency of$184,301.60 24 for a total expenditure of$2,027,317.60. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 26 OF THE CITY OF BOYNTON BEACH,FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 28 as being true and correct and are hereby made a specific part of this Resolution upon 29 adoption. C:\Users\StanzioneT\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Award_Bid_and_Contract_- Johnson Davis - Reso.doc -1 - Page 96 of 75 30 Section 2. The City Commission of the City of Boynton Beach, Florida, 31 hereby approves the award and authorizes the City Manager to sign a Contract with 32 Johnson-Davis, Inc., for Bid #035-2821-16/TP "North and South Roads Stormwater and 33 Water Main Improvements" project in the amount of$1,843,016 plus a 10% contingency 34 of $184,301.60 for a total expenditure of $2,027,317.60, a copy of which is attached 35 hereto as Exhibit"A". 36 Section 3. That this Resolution shall become effective immediately. 37 PASSED AND ADOPTED this �- day of 2016. 38 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 YES NO 42 43 Mayor—Steven B. Grant 44 45 Vice Mayor—Mack McCray 46 47 Commissioner—Justin Katz 48 49 Commissioner—Christina L. Romelus 50 51 Commissioner—Joe Casello 52 53 54 VOTE 55 56 ATTEST: 57 j 58 59 60 Jud�tfi A. Pyle, CMC J 61 Civ` Clerk 62 ° v"ET�d� •f"YAC 63 `' 64 65 (Corporate Seal) 66 C:\Users\StanzioneTWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Award_Bid_and_Contract= Johnson Davis - Reso.doe -2- Page 97 of 75 F CONSTRUCTION CONTRACT NORTH AND SOUTH ROADS STORMWATER AND WATER MAIN IMPROVEMENTS THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and JOHNSON-DAVIS, INC., a Corporation authorized to do business in the State of Florida, hereinafter referred to as the"CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of November 15, 2016, by Resolution No.: R16-15 , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: R16-15�) , and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall furnish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: NORTH and SOUTH ROADS STORMWATER AND WATER MAIN IMPROVEMENTS. Invitation to Bid No. 035-2821-16/TP. Article 2. CONSULTANT. Mathews Consulting, Inc. ("CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES. 3.1 The WORK will be substantially completed within 270 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved Boynton Beach Utilities—N&S Roads Stormwater and Water Main C-1 Revised 03/22/2016 in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, One Thousand Two Hundred Dollars ($1,200.00) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining-WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY Three Hundred Dollars ($300.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR,for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: One Million Eight Hundred Forty-three Thousand and Sixteen Dollars ($1,843,016.00) (Written) (Numerical) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Ten percent(10)of all monies earned by the CONTRACTOR shall be retained by CITY until fifty(50) percent completion of the construction services purchased (defined as that point at which fifty(50) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has Boynton Beach Utilities—N&S Roads Stormwater and Water Main C-2 Revised 03/22/2016 been reached. 5.5 After fifty(50) percent completion of the construction work purchased under the Contract has been reached, five (5) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by CITY. 5.6 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.7 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14.10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve(12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder,Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special Conditions 7.8 Technical Specifications 7.9 Drawings entitled: Cover, North and South Roads (Harbor Estates) Stormwater and Water Main Improvements 7.10 Addendum No. 1 Dated August 11, 2016. Boynton Beach Utilities—N&S Roads Stormwater and Water Main C-3 Revised 03/22/2016 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Copy to: Procurement Services Division Attn: Jose Huertas, Project Manager Attn: Director of Finance City of Boynton Beach 124 E.Woolbright Road 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Boynton Beach FL 33425 Tel (561) 742-6487 Tel (561)742-6311 Fax(561) 742-6322 And if sent to the CONTRACTOR shall be mailed to: JOHNSON-DAVIS, INC. 604 Hillbrath Drive Lantana, FL 33462 Attn: Scott Johnson (561) 588-1170 Article 9. INDEMNITY. In consideration of Twenty-Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. FLORIDA'S PUBLIC RECORDS LAW. The City is a public agency subject.to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 11.1 Keep and maintain public records required by the CITY to perform the service; 11.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law,- 11.3 aw;11.3 Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contact term and, following completion of the contract, Contractor shall Boynton Beach Utilities—N&S Roads Stormwater and Water Main C-4 Revised 03/22/2016 destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, 11.4 Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 11 .5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E. BOYNTON BEACH BOULEVARD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. PYLEJ@BBFL.US Article 12. MISCELLANEOUS. 12.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary.in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 12.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Boynton Beach Utilities N&S Roads Stormwater and Water Main C-5 Revised 03/22/2016 Page 192 Pf ;Z; t IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of e.0-e- ��,`�' , 2016. CITY OF BOYNTON BEACH Xci. City Manager Contractor l� ` � ✓� Attest/Authenticated: V% 4 Title ,rte ' (Corporate Seal) Cit Jerk 8 Approved qs to F rm: Attest/Authenti, ted: OfficeVof the City rney Secretary,,,,, °"- Boynton Beach Utilities—N&S Roads Stormwater and Water Main C-6 Revised 03/22/2016 6.F. CONSENTAGENDA 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Approve utilizing the US Communities Contract# MA-IS- 1340234 with Graybar Electric Company of the purchase for electrical parts and components for the City's lift stations for an estimated annual expenditure of$60,000. The US Communities procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Contract Term: April 1, 2013 to March 31, 2018 This approval will allow for the purchase of electrical parts and components for the City's lift stations. The parts are necessary to maintain functioning lift stations. These parts will be used to replace malfunctioning or damaged parts that cause the lift station to stop operating. These parts will also be used to rehab purposes. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enable the lift stations to function properly and repair when needed. FISCAL IMPACT: Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of$60,000. FY 15/16 expenditures were $45,308.60 FY 16/17 expenditures were $40,311.94 ALTERNATIVES: To not approve utilizing the contract and issue our own bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 104 of 754 ATTACHMENTS: Type Description D Addendum Notice Of Award D Addendum Contract Terms D Addendum Amendment D Addendum Amendment Page 105 of 754 LA County Bid - Notice of Intended Award - Solicitation RFP-IS-13255001 Basis of Award * With limited exceptions, solicitations conducted under the statutory authority of the Purchasing Agent are price-based with the resultant award being made to the lowest, responsive, responsible bidder that fully meets and complies with all of the specifications and requirements of the solicitation. *For this solicitation, the awarded vendor was selected based on the total points earned in accordance to the evaluation criteria set forth in RFP-IS-13255001. This is a Notice of Intent to Award: Solicitation Number: RFP-IS-13255001 Tile: Electrical Products — National Program Total points of awarded vendor: 9,052 Intended Awarded Vendor: GraybaR County of Los Angeles - Protest Policy Pursuant to County Purchasing Policy M-1100, A bid protest may be filed by Vendors who submitted a bid response for the intended award information above. Information and procedures for filing a bid protest can be accessed from http://lacounty.info/doing business/M-1100.pdf. If you have any questions, or wish to file a protest please contact the Buyer: Ted Lo at 323-267- 2207; or by email at ted.lop isd.lacounty.gov. Thank You, ISD/Purchasing Division Ted Lo C.P.M. M.B.A. Pnrehasiny 4'Contracts Inalystll x�. LIPS J,dJiiELs C(If1N`Y r "Satisfied Customers...Our Number One Goal" 1100 N. Eastern Ave.—Rm.G115 Los Angeles,CA 90063 Office:323-267-2207 Fax:323-415-8662 Email:ted.lo@isd.lacounty.gov Bid Website:http://camisvr.co.1a.ca.us/lacobids Page 106 of 754 i�.i�1t?d� ,�.SS,��;,„1IS� t ,•a;!l:.,:�.:..:..:........:..:..:........:..:..:..:.....:..:..:..:....... s�t i�t{,#i,fIr», �l,1�lf,U,.�i �„I, r : ft u� I`� iii �I1�[ s Wk�7�PE6�a��af�rJ t&r= •�I'lag y�.i b z k.,is �•� .�''•h' �!�*�e ��h�!��. �,��U s , i P4 44 a„ . UU UNITI I I,. �I. ,,.I�E.� � �� .� �.�. �w�.• �.t��.l. ���.• � � '� Graybar Electrical Contract E.ICU[,I a_R(Odi1; p�1,.��,oe los aH Nt t / f X CAIIfORN\A X Amendment #1 February 19, 2014 Los Angeles County Electrical Products Contract MA-IS-1340234 GraySar Electric Company Inc. 1.) Effective February 27`h, 2014 the contract is revised to include an additional 32 electrical suppliers In existing categories. Of the 32 suppliers,9 are service providers. The added suppliers are highlighted in the attached Master file spreadsheet and also listed separately in the Requested Supplier Additions spreadsheet. These changes are in accordance with the terms and conditions of this contract. Std v Mcstj,,1 fq'umm er Vic Presides Division Manager,Purchasing GrayBar Electric Company Inc. County of Los Angeles j i i jl i DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D ,k Of LOS�N�t CONTRACT NO: VERSION DATE TERM CONTRACT AWARD MA-IS-1340234-14 + + INTERNAL SERVICES DEPARTMENT `, - x,. PROCUREMENT FOLDER: 453245 x 0411FovA0.x BUYER: Karen Carrillo PHONE: 323-267-2292 EMAIL: kcarrillo aisd.lacounty.gov GRAYBAR ELECTRIC COMPANY 1370 VALLEY VISTA DR SUITE; VENDOR NO: 501079 CONTACT: JEFF PESKUSKI-KEVIN STOKER DIAMOND BAR CA 91765 PHONE: 630-640-4905 FISCAL YEAR: EFFECTIVE DATE: 04/01/13 EXPIRATION: 03/31/18 Electrical Products-US Comm-AMD 46 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE I COMMODITY CODE:285-93-00-047498 0.000 CATALOG 0.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 2 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 2.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 3 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 3.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 4 COMMODITY CODE::285-93-00-047498 0.000 CATALOG 4.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS_ELECTRICAL ITEMS AND DISCOUNT- INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 5 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 5.0000% ELL:CI RICA]_PRODUC I S AND SUPPLILS FOR.SUPPLIERS.ELECTRICAL ITEMS AND DISCOt'N"F INFORMATION PLI ASE SLE CATALOG ATTACHMENT. catalog DocuSigned by: av— LjTt*Mt G• U" 2/14/2017 COUNTY OF LOS ANGELES V 'IG..ATURE/DATE Page 109 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D PRICE SHEET TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 2 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE 6 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 6.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 7 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 7.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 8 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 7.5000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 9 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 8.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 10 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 9.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 11 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 10.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 12 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 12.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 13 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 13.0000% Page 110 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D PRICE SHEET TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 3 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 14 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 15.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 15 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 16.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 16 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 18.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 17 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 19.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 18 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 20.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 19 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 21.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 20 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 22.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND Page 111 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D PRICE SHEET TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 4 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 21 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 23.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 22 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 24.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 23 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 25.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 24 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 26.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 25 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 27.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 26 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 28.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 27 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 30.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog Page 112 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D PRICE SHEET TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 5 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE 28 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 31.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 29 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 32.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 30 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 33.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 31 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 34.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 32 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 35.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 33 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 36.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 34 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 37.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 35 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 38.0000% ELECTRICAL PRODUCTS AND SUPPLIES Page 113 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D PRICE SHEET TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 6 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 36 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 39.0000% Commodity Linc Fxpired on:09 07 16 ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 37 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 40.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 38 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 41.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 39 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 42.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 40 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 43.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 41 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 44.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 42 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 45.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND Page 114 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D PRICE SHEET TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 7 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 43 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 46.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 44 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 47.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 45 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 48.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 46 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 49.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 47 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 50.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 48 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 51.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 49 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 52.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog Page 115 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D PRICE SHEET TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 8 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE 50 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 53.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 51 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 54.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 52 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 55.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 53 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 56.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 54 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 57.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 55 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 58.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 56 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 59.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 57 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 60.0000% ELECTRICAL PRODUCTS AND SUPPLIES Page 116 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D PRICE SHEET TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 9 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 58 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 61.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 59 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 62.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 60 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 63.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 61 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 64.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 62 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 65.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 63 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 66.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 64 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 67.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT Page 117 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D PRICE SHEET TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 10 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 65 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 68.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 66 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 70.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 67 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 71.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 68 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 72.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 69 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 73.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 70 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 74.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 71 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 75.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog Page 118 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D PRICE SHEET TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 11 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE 72 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 76.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 73 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 80.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 74 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 82.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 75 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 83.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 76 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 84.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 77 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 86.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 78 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 87.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 79 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 88.0000% ELECTRICAL PRODUCTS AND SUPPLIES Page 119 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D PRICE SHEET TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 12 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 80 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 89.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 81 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 90.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 82 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 91.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 83 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 92.0000% ELECTRICAL PRODUCTS AND SUPPLIES FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 84 COMMODITY CODE:285-93-00-047498 0.000 COST PLUS 23.0000% ELECTRICAL PRODUCTS AND SUPPLIES - LIGHTING FOR SUPPLIERS,ELECTRICAL ITEMS AND COST PLUS INFORMATION PLEASE SEE ATTACHMENT SPREADSHEET FOR ONLY THIS LINE. catalog 85 COMMODITY CODE:285-93-00-047498 0.000 COST PLUS 26.0000% ELECTRICAL PRODUCTS AND SUPPLIES - SERVICES(LA COUNTY RESTRICTED) FOR SUPPLIERS,ELECTRICAL ITEMS AND COST PLUS INFORMATION PLEASE SEE ATTACHMENT SERVICES SPREADSHEET FOR ONLY THIS LINE. (Service- List of Suppliers_Cost Plus noto_Exceed 26 Percent.xls) Page 120 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D PRICE SHEET TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 13 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE catalog 86 COMMODITY CODE:285-93-00-047498 0.000 CATALOG 0.0000% ELECTRICAL PRODUCTS AND SUPPLIES-CORE ITEMS FOR SUPPLIERS,ELECTRICAL ITEMS AND DISCOUNT INFORMATION PLEASE SEE CATALOG ATTACHMENT. catalog 87 COMMODITY CODE:285-93-00-047498 0.000 COST PLUS 18.0000% ELECTRICAL PRODUCTS AND SUPPLIES - Wire &Cable and Conduit,Channel&Fittings FOR SUPPLIERS,ELECTRICAL ITEMS AND COST PLUS INFORMATION PLEASE SEE ATTACHMENT SPREADSHEET FOR THIS LINE. catalog 88 COMMODITY CODE:285-93-00-047498 0.000 COST PLUS 19.0000% ELECTRICAL PRODUCTS AND SUPPLIES - Wire &Cable and Conduit,Channel&Fittings FOR SUPPLIERS,ELECTRICAL ITEMS AND COST PLUS INFORMATION PLEASE SEE ATTACHMENT SPREADSHEET FOR THIS LINE. catalog 89 COMMODITY CODE:285-93-00-047498 0.000 COST PLUS 21.0000% ELECTRICAL PRODUCTS AND SUPPLIES - Wire &Cable and Conduit,Channel&Fittings FOR SUPPLIERS,ELECTRICAL ITEMS AND COST PLUS INFORMATION PLEASE SEE ATTACHMENT SPREADSHEET FOR THIS LINE. catalog 90 COMMODITY CODE:285-93-00-047498 0.000 COST PLUS 22.0000% ELECTRICAL PRODUCTS AND SUPPLIES - Wire &Cable and Conduit,Channel&Fittings FOR SUPPLIERS,ELECTRICAL ITEMS AND COST PLUS INFORMATION PLEASE SEE ATTACHMENT SPREADSHEET FOR THIS LINE. catalog 91 COMMODITY CODE:285-93-00-047498 0.000 COST PLUS 23.0000% ELECTRICAL PRODUCTS AND SUPPLIES - Wire &Cable and Conduit,Channel&Fittings FOR SUPPLIERS,ELECTRICAL ITEMS AND COST PLUS INFORMATION PLEASE SEE ATTACHMENT SPREADSHEET FOR THIS LINE. catalog Page 121 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D PRICE SHEET TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 14 LINE NO. COMMODITY/SERVICE DESCRIPTION QUANTITY UOM PRICE TYPE VALUE 92 COMMODITY CODE:285-93-00-047498 0.000 COST PLUS 26.0000% ELECTRICAL PRODUCTS AND SUPPLIES - Wire &Cable and Conduit,Channel&Fittings FOR SUPPLIERS,ELECTRICAL ITEMS AND COST PLUS INFORMATION PLEASE SEE ATTACHMENT SPREADSHEET FOR THIS LINE. catalog 93 COMMODITY CODE:285-93-00-047498 0.000 COST PLUS 30.0000% ELECTRICAL PRODUCTS AND SUPPLIES - Wire &Cable and Conduit,Channel&Fittings FOR SUPPLIERS,ELECTRICAL ITEMS AND COST PLUS INFORMATION PLEASE SEE ATTACHMENT SPREADSHEET FOR THIS LINE. catalog Page 122 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D DISTRIBUTORS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 15 VENDOR NO: 501079 VENDOR: GRAYBAR ELECTRIC COMPANY ADDRESS: 1370 VALLEY VISTA DR SUITE DIAMOND BAR CA 91765 CONTACT: JEFF PESKUSKI-KEVIN STOKER PHONE: 630-640-4905 Page 123 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 16 ******Amendment#6(2/13/17)********* 1)Added the following suppliers to the existing contract. Line 01-(0%discount) ACP INTERNATIONAL- TOOLS,TESTERS& FASTENERS ATKORE INTERNATIONAL-RACEWAY&PLUG MOLD GALCO-GALPA-MOTOR CONTROLS,UTILITY&TRANSFORMERS ITW/ITW LINX-TOOLS,TESTERS,FASTENERS&ACCESSORIES OLD CASTLE PRECAST-ENCLOSURE&CABINETS ORION-HEATING,COOLING &VENTILATION OUELLET-HEATING,COOLING &VENTILATION STANLEY-TOOLS,TESTERS,FASTENERS&ACCESSORIES TRYSTAR-WIRING DEVICES&ELECTRICAL PRODUCTS VICTOR INSULATORS-MOTOR CONTROLS,UTILITY&TRANSFORMER Line 03-(3%discount) CHECKERS INDUSTRIAL PRODUCTS-RACEWAY&PLUG MOLD MERSEN GROUPS-MOTOR CONTROLS,UTILITY&TRANSFORMERS PENTAIR COMPANIES-MOTOR CONTROLS,UTILITY&TRANSFORMERS Line 05-(5%discount) LEUZE ELECTRONIC-MOTOR CONTROLS,UTILITY&TRANSFORMERS Line 10-(9%discount) OLD CASTLE PRECAST-ENCLOSURE&CABINETS AGREEMENT EXTENSION FROM 3/31/17 TO 3/31/18. (FIFTH YEAR) PER ISD MANAGEMENT'S APPROVAL:2/13/17 BASIS:LETTER SIGNED BY TAMMY LIVERS DATED 1/11/17,OFFERING TO EXTEND THE CONTRACT FOR AN ADDITIONAL 12 MONTH PERIOD. ALL PRICES,TERMS AND CONDITIONS REMAIN THE SAME. ******Amendment#5(12/21/16)********* LINE#61-I CHANGED THE EXPIRATION DATE FROM 9/7/16 TO 3/31/17. ALL ELSE REMAINS THE SAME.BK ******Amendment#4(9/14/16)********* 1)Added the following suppliers to the existing contract. Line 01-(0%discount) CAT GENERATORS Motor Controls&Transformers MODULAR CONNECTIONS Load Centers,Circuit Breakers&Safety Switches CIENA-CGIS Motor Controls&Transformers KOHLER GENERATORS Load Centers,Circuit Breakers&Safety Switches LUMBERG AUTOMATION Load Centers,Circuit Breakers&Safety Switches SUMITOMO AUTOMATION Motor Controls&Transformers MICRO-TECH DESIGNS,INC. Motor Controls&Transformers Line 02-(2%discount) S&C ELECTRIC Load Centers,Circuit Breakers&Safety Switches Line 03(3%discount) EATON-/CUTLER HAMMER Load Centers,Circuit Breakers&Safety Switches AMETEK Load Centers,Circuit Breakers&Safety Switches GENERAL ELECTRIC Load Centers,Circuit Breakers&Safety Switches Line 05-(5%discount) McCAIN TRAFFIC Motor Controls&Transformers EMCOR Enclosures&Cabinets SCHNEIDER ENGINEERED PRODUCTS Load Centers,Circuit Breakers&Safety Switches Page 124 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 17 LITTLE FUSE Fuses Line 18-(20%discount) SCHNEIDER AUTOMATION PRODUCTS Load Centers,Circuit Breakers&Safety Switches Line 84(23%cost-plus) (all added to Lighting Fixtures&Control Products-U)See attached spreadsheet in header ENERGY FOCUS GLOBAL TECH INTENSE LIGHTING/LEVITON LOS ANGELES LIGHTING MFG OPTILUMEN NLS LIGHTING NATIONAL LIGHTING SOLUTIONS GIGATERA LIGHTING 2)Changes for discount percentages for Hoffman&Schneider- HOFFMAN Standard Enclosures,Cabinets,Wire way&Accessoriesfrom line 42(45%discount)to Line 13(13%discount) SCHNEIDER Transformers,Timers,Thermals&Contactors from,Line 45(48%discount)to Line 37 (40%discount) Timer Relays&Accessories from time 36(39%discount) to 28(31%discount) 22MM Push Buttons,Pilots&Accessories from Line 52(55%discount)to Line 45 (48% discount) Load Centers,Circuit Breakers&Safety Switches from Line 61(64%discount)to Line 54(57%discount) 3.Core List-Line 86:Price increased on 31 items.See catalog spreadsheet for new pricing. PER ISD MANAGEMENT'S APPROVAL,8/25/16&4/6/16 ALL OTHER TERMS,AND CONDITIONS REMAIN THE SAME. *********Amendment#3************ AGREEMENT EXTENSION FROM 3/31/16 TO 3/31/17. (FIRST EXTENSION,FOURTH YEAR) PER ISD MANAGEMENT'S APPROVAL: 1/14/16& 1/19/16. BASIS:LETTER SIGNED BY TAMMY LIVERS DATED 1/8/16,OFFERING TO EXTEND THE CONTRACT FOR AN ADDITIONAL 12 MONTH PERIOD. ALL PRICES,TERMS AND CONDITIONS REMAIN THE SAME. *********Amendment#2************ 1)Added the following suppliers to the existing contract. Line 01 ALL CURRENT ELECTRIC(Electrical Distribution Products) GENERIC ELECTRICAL PRODUCTS(Electrical Commodity&Distribution Products) JOS T.FEWKES CO. (Motors,Control,Energy Management&Power) LADD INDUSTRIES(Wiring Devices&Electrical Products) Line 03 ADVANTAGE INDUSTRIAL,GARDNER DENVER,RIGEL,HOFFMAN&LAMSON(Motors,Control, Energy Management&Power) CMT INC.(Tools&Test Equipment) CUTLER HAMMER,ITE,SIEMONS(Electrical Distribution Products EATON CORPORATION(Electrical Distribution&Industrial Products) MYRON ZUCKER(Motors,Control,Energy Management&Power) Line 05 GE ELECTRICAL&INDUSTRIAL(Electrical Distribution Products) Page 125 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 18 Line 07 DELTA BREEZ(Heating,Cooling &Ventilation) Line 84 BRILLIANCE LED LIGHTING(for all-Lighting Fixtures&Control Products-U) KETRA LIGHTING LAMAR LIGHTING LMR LIGHTING NEVCO LIGHTING SENTRY ELECTRIC LIGHTING TARGET LIGHTING TRP LIGHTING 2)Changed the Freight language on Terms&Conditions Section as stated on Graybar's proposal: -Pricing applies to normally stocked Graybar materials.Discounts are based on the Graybar List Price or Cost in effect at time of order -Standard delivery policy provides customers with next day service,free of charge, for materials stocked in the branch and within the standard service area -Orders requiring same-day or expedited next-day service,non-stock items,special order or special handling and materials obtained from the manufacturer,may include shipping or handling charges.Any shipping,handling or other costs will be negotiated at time of order PER ISD MANAGEMENT'S APPROVAL,5/21/15&5/26/15 BASIS:EMAIL CORRESPONDENCE FROM JEFF PESKUSKI DATED 4/28/15. ALL OTHER TERMS,AND CONDITIONS REMAIN THE SAME. 3)Graybar is requesting to add the following language into the existing Volume Incentive language: GRAYBAR IS OFFERING THE FOLLOWING TO THE COUNTY OF LOS ANGELES AND ANY U.S. COMMUNITIES PARTICIPATING AGENCY.THE VOLUME INCENTIVE IS DETERMINED BY THE INDIVIDUAL TWELVE(12)MONTH USAGE OF A QUALIFYING PARTICIPATING AGENCY AND IS PAID ON AN ANNUAL BASIS IF THE BELOW BENCHMARKS ARE ACHIEVED BY AN INDIVIDUAL PARTICIPATING AGENCY. PER ISD MANAGEMENT'S APPROVAL,6/8/15&6/9/15 BASIS:EMAIL CORRESPONDENCE FROM JEFF PESKUSKI DATED 6/8/15. ALL OTHER TERMS,AND CONDITIONS REMAIN THE SAME. Amendment#1 1.)The contract is revised to include 13 electrical(4 on Line 01,7 on Line 03, 1 on Line 05, 1 on line 07&8 lighting suppliers(Line 84)in existing categories. Amendment#0.75 Changed contact name from Dan to Jeff Peskuski. Everything else remains the same. Amendment#0.5 Added line 87 to 93 for Wire&Cable and Conduit and Channel fitings cost plus. Everything else remains the same. Amendment#0 Corrected quantity on lines 84 and 85 and changed to zero.Everything else remains the same. Terms&Conditions in accordance with RFP-IS-13255001. LOCAL FIXED ASSETS-LA County Only. For all local awards,any single piece of equipment priced at over$5,000/unit will be excluded from any resulting agreements. Page 126 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 19 SUBCONTRACTING The requirements of the Master Agreement may not be subcontracted by the Supplier without the advance written approval of the County.Any attempt by the Supplier to subcontract without the prior written consent of the County may be deemed a material breach of the Master Agreement. A.If the Supplier desires to subcontract,the Supplier shall provide the following information promptly to the County: A description of the work to be performed by the Subcontractor; A draft copy of the proposed subcontract;and Other pertinent information and/or certifications requested by the County. B.The Supplier shall indemnify and hold the County harmless with respect to the activities of each and every Subcontractor in the same manner and to the same degree as if such Subcontractor(s)were the Supplier employees. C.The Supplier shall remain fully responsible for all performances required of it under the Master Agreement,including those that the Supplier has determined to subcontract,notwithstanding the County's approval of the Supplier's proposed subcontract. D.The County's consent to subcontract shall not waive the County's right to prior and continuing approval of any and all personnel,including Subcontractor employees, providing services under the Master Agreement. The Supplier is responsible to notify its Subcontractors of this County right. E.The County's Purchasing Agent or designee is authorized to act for and on behalf of the County with respect to approval of any subcontract and Subcontractor employees. After approval of the subcontract by the County,Supplier shall forward a fully executed subcontract to the County for their files. F.The Supplier shall be solely liable and responsible for all payments or other compensation to all Subcontractors and their officers,employees,agents,and successors in interest arising through services performed hereunder,notwithstanding the County's consent to subcontract. G.The Supplier shall obtain certificates of insurance,which establish that the Subcontractor maintains all the programs of insurance required by the County from each approved Subcontractor. H.The Supplier shall ensure delivery of all such documents before any Subcontractor employee may perform any work hereunder. LOCAL SERVICES-LA County Only For local awards,services will excluded from any resulting agreements.Only products will be included for local agreements. GRAYBAR IS OFFERING THE FOLLOWING TO THE COUNTY OF LOS ANGELES AND ANY U.S. COMMUNITIES PARTICIPATING AGENCY.THE VOLUME INCENTIVE IS DETERMINED BY THE INDIVIDUAL TWELVE(12)MONTH USAGE OF A QUALIFYING PARTICIPATING AGENCY AND IS PAID ON AN ANNUAL BASIS IF THE BELOW BENCHMARKS ARE ACHIEVED BY AN INDIVIDUAL PARTICIPATING AGENCY: VOLUME INCENTIVES: A.A one half of a percent(0.5%)rebate on all purchases made in excess of one million dollars($1,000,000),retroactive to dollar one. Paid annually. B.A one percent(1.0%)rebate on all purchases made in excess of two million dollars ($2,000,000),retroactive to dollar one. Paid annually. C.A one and one half percent(1.5%)rebate on all purchases made in excess of four million dollars($4,000,000),retroactive to dollar one. Paid annually. SERVICES: Pricing is a Not To Exceed Cost Plus 26%. Pricing will be determined by the size and scope of the project and level of Graybar's involvement. Graybar will provide a copy of the applicable invoices to verify compliance with the Not To Exceed benchmark. All pricing will be finalized with the Participating Public Agency prior to the issuance of any purchase order. Page 127 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 20 ADDITIONAL SERVICES AT NO COST: Services with No Cost include,but are not limited to: Shop Graybar, eBusiness, Graybar Smart Stock, Inventory Management, Graybar Building and Technology Specialists, Contract Compliance, Emergency Service, Emergency Preparedness, Mobility Solutions, Municipal and Cooperative Utility Services NON EXCLUSIVITY Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the Supplier. This Master Agreement shall not restrict the County from acquiring similar,equal or like goods and/or services from other entities or sources. NOTICE OF DELAYS Except as otherwise provided under the Master Agreement,when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of the Master Agreement,that party shall,within two(2) business days,give notice thereof,including all relevant information with respect thereto,to the other party. NOTICE OF DISPUTES The Supplier shall bring to the attention of the County any dispute between the County and the Supplier regarding the performance of services as stated in the Master Agreement. The County Purchasing Agent and/or his designee shall make the sole determination regarding the disposition and resolution of the dispute. CONSUMPTION REPORTS/ITEM NUMBERS/PURCHASES Each County department or participating agency is to be assigned a customer number to be used in identifying each sale and proper billing address. Supplier shall be required to furnish to the County's Purchasing Agent/designee or requesting participating agency,monthly computer based usage reports of purchases separated by individual County departments or entity,and/or delivery locations,and employee purchases,listing quantities of separate items purchased and total dollars expended. Usage reports listing items in alphabetical order and descending dollar volume order must also be provided upon request. Supplier must provide any other usage reports that the County Purchasing Agent/designee or participating agencies may require for their internal controls including but not limited to Green Product consumption,HUB/DBE use,etc. TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE WITH COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM Failure of the Supplier to maintain compliance with the requirements set forth in the Contractor's Warranty of Adherence to County's Child Support Compliance Program shall constitute default under the Master Agreement. Without limiting the rights and remedies available to the County under any other provision of the Master Agreement, failure of the Supplier to cure such default within ninety(90)calendar days of written notice shall be grounds upon which the County may terminate the Master Agreement pursuant to Termination for Default herein,and pursue debarment of the Supplier,pursuant to County Code Chapter 2.202. Page 128 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 21 TERMINATION FOR CONVENIENCE The Master Agreement may be terminated,in whole or in part,from time to time,when such action is deemed by the County,in its sole discretion,to be in its best interest. Such termination shall be effected by notice of termination to the Supplier specifying the extent to which performance of work is terminated and the date upon which such termination becomes effective. The date upon which such termination becomes effective shall be no less than ten(10) days after the notice is sent. A.After receipt of a notice of termination and except as otherwise directed by the County,the Supplier shall: Stop performance under the Master Agreement on the date and to the extent specified in such notice,and Complete performance of such part of the Master Agreement as shall not have been terminated by such notice. B.All material including books,records,documents,or other evidence bearing on the costs and expenses of the Supplier under the Master Agreement shall be maintained by the Supplier in accordance with paragraph 1.33.9(Record Retention and Inspection/Audit Settlement)of this RFP. TERMINATION FOR DEFAULT The County may,by written notice to the Supplier,terminate the whole or any part of the Master Agreement,if,in the judgment of County's Purchasing Agent or designee: Supplier has materially breached the Master Agreement;or Supplier fails to timely provide and/or satisfactorily perform any task, deliverable,service,or other work required either under the Master Agreement;or Supplier fails to demonstrate a high probability of timely fulfillment of performance requirements under the Master Agreement,or of any obligations of the Master Agreement and in either case,fails to demonstrate convincing progress toward a cure within five(5)working days(or such longer period as the County may authorize in writing)after receipt of written notice from the County specifying such failure. A.In the event that the County terminates the Master Agreement in whole or in part as provided herein,the County may procure,upon such terms and in such manner as the County may deem appropriate,goods and services similar to those so terminated. B.The Supplier shall be liable to the County for any and all excess costs incurred by the County,as determined by the County,for such similar goods and services. The Supplier shall continue the performance of the Master Agreement to the extent not terminated under the provisions of this sub-paragraph. C.Except with respect to defaults of any Subcontractor,the Supplier shall not be liable for any such excess costs of the type identified herein if its failure to perform the Master Agreement arises out of causes beyond the control and without the fault or negligence of the Supplier. Such causes may include,but are not limited to: acts of God or of the public enemy,acts of the County in either its sovereign or contractual capacity,acts of Federal or State governments in their sovereign capacities,fires,floods,epidemics,quarantine restrictions,strikes,freight embargoes,and unusually severe weather;but in every case,the failure to perform must be beyond the control and without the fault or negligence of the Supplier. If the failure to perform is caused by the default of a Subcontractor,and if such default arises out of causes beyond the control of both the Supplier and Subcontractor,and without the fault or negligence of either of them,the Supplier shall not be liable for any such excess costs for failure to perform,unless the goods or services to be furnished by the Subcontractor were obtainable from other sources in sufficient time to permit the Supplier to meet the required performance schedule.As used in this paragraph,the term"Subcontractor(s)"means Subcontractor(s)at any tier. C.If,after the County has given notice of termination under the provisions of this paragraph,it is determined by the County that the Supplier was not in default under the provisions herein,or that the default was excusable under the provisions,the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Termination for Convenience,as described herein. D.The rights and remedies of the County provided in this paragraph shall not be Page 129 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 22 exclusive and are in addition to any other rights and remedies provided by law or under the Master Agreement. TERMINATION FOR IMPROPER CONSIDERATION The County may,by written notice to the Supplier,immediately terminate the right of the Supplier to proceed under the Master Agreement if it is found that consideration, in any form,was offered or given by the Supplier,either directly or through an intermediary,to any County officer,employee,or agent with the intent of securing the Master Agreement or securing favorable treatment with respect to the award, amendment,or extension of the Master Agreement or the making of any determinations with respect to the Supplier's performance pursuant to the Master Agreement. In the event of such termination,the County shall be entitled to pursue the same remedies against the Supplier as it could pursue in the event of default by the Supplier. A.The Supplier shall immediately report any attempt by a County officer or employee to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Auditor-Controller's Employee Fraud Hotline at(800)544-6861. B.Among other items,such improper consideration may take the form of cash, discounts,services,the provision of travel or entertainment,or tangible gifts. TERMINATION FOR INSOLVENCY The County may terminate the Master Agreement in the event of the occurrence of any of the following: A.Insolvency of the Supplier. The Supplier shall be deemed to be insolvent if it has ceased to pay its debts for at least sixty(60)days in the ordinary course of business or cannot pay its debts as they become due,whether or not a petition has been filed under the Federal Bankruptcy Code and whether or not the Supplier is insolvent within the meaning of the Federal Bankruptcy Code; B.The filing of a voluntary or involuntary petition regarding the Supplier under the Federal Bankruptcy Code;the appointment of a Receiver or Trustee for the Supplier; or the execution by the Supplier of a general assignment for the benefit of creditors. The rights and remedies of the County provided in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Master Agreement. TERMINATION FOR NON APPROPRIATION OF FUNDS Notwithstanding any other provision of the Master Agreement,the County shall not be obligated for the Supplier's performance hereunder or by any provision of the Master Agreement during any of the County's future fiscal years unless and until the County's Board of Supervisors appropriates funds for use under the Master Agreement in the County's Budget for each such future fiscal year. In the event that funds are not appropriated,then the Master Agreement shall terminate as of June 30 of the last fiscal year for which funds were appropriated. The County shall notify the Supplier in writing of any such non-allocation of funds at the earliest possible date. VALIDITY If any provision of the Master Agreement or the application thereof to any person or circumstance is held invalid,the remainder of the Master Agreement and the application of such provision to other persons or circumstances shall not be affected thereby. WAIVER No waiver by the County of any breach of any provision of the Master Agreement shall constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time,or from time to time,any provision of the Master Agreement shall not be construed as a waiver thereof. The rights and remedies set forth herein shall not be exclusive and are in addition to any other rights and remedies provided by law or under the Master Agreement. WARRANTY AGAINST CONTINGENT FEES The Supplier warrants that no person or selling agency has been employed or retained to solicit or secure the Master Agreement upon any contract or understanding for a commission,percentage,brokerage,or contingent fee,excepting bona fide employees Page 130 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 23 or bona fide established commercial or selling agencies maintained by the Supplier for the purpose of securing business. For breach of this warranty,the County shall have the right to terminate the Master Agreement and,at its sole discretion,deduct from the Master Agreement price or consideration,or otherwise recover,the full amount of such commission,percentage,brokerage,or contingent fee. PARTICIPATING MUNICIPALITIES Excluding any local awards,the County has designated U.S.Communities Government Purchasing Alliance(herein U.S.Communities)as the agency to provide administrative services related to purchases by other governmental entities(Participating Public Agencies)under the Master Agreement. At the County's sole discretion and option, and upon Supplier entering into the requisite U.S.Communities Administration Agreement,Participating Agencies may acquire products under the Master Agreement. Such acquisitions shall be at the prices stated in the Master Agreement,or lower. The awarded Supplier(s)must deal directly with any Participating Public Agency concerning the placement of orders,issuance of the purchase order,contractual disputes,invoicing,and payment. The County is acting as Contracting Agent for the Participating Public Agencies and shall not be held liable for any costs,damages, etc.incurred by any other Participating Public Agency. In no event shall the County be considered a dealer,remarketer,agent or representative of the Supplier. PRE-PRINTED TERMS AND CONDITIONS Pre-printed terms and conditions/bidders contract documents. Bidders pre-printed terms and conditions or restrictions commonly appearing on the reverse side of letters submitted with the bid and/or bidders specifications material and contract documents will be disregarded in the absence of a positive written statement from Bidder and approved in writing by the County Purchasing Agent that all or a particular portion of such writings are in addition to or supersede the County terms and conditions. RESERVATION The County of Los Angeles reserves the right to bid individual large requirements when deemed in the best interests of the County. RETURN OF GOODS RECEIVED In bidding,Proposer agrees to accept for full credit any merchandise returned in good condition within five days after receipt of goods without any handling charges; however,no return shall be made of any material which has been put into operation other than for test. When products delivered fail to meet specification,cost of inspection shall be for account of vendor. CANCELLATION Any agreement formulated from this inquiry may be cancelled by either party upon (ninety)90 days written notice. The County may continue to place orders against said agreement until the effective date of such cancellation. PRICING Except as specifically noted herein,category product price proposals shall be firm, fixed prices for one year after the award for core list items and discount off manufacturer price list for all other items. In all cases,the County will reserve the right to reject any price increases during the terms of the Master Agreement. The County reserves the right to negotiate pricing and to add and delete items. PRICE ADJUSTMENTS All price adjustment requests must be submitted no less than 60 days prior to implementation. All upward price adjustments must be supported by manufacturers letter(s)substantiating the requested increase,the percent increase and must be approved by County Purchasing Agent. Price decreases will be accepted any time during he contract period with 60 day notice. Page 131 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D SPECIAL TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 24 MASTER AGREEMENT TERM The Master Agreement term shall be for a period of three(3)years from the date of award,with two(2)additional 12-month extension options which may be exercised at the sole discretion of the County. SUBSTITUTION Products purchased as a result of any award made from this RFP are to be supplied as offered,and accepted without substitution of material or style,at the contract price. Any deviation must be approved in advance by the requisitioning agency official. FREIGHT Pricing applies to normally stocked Graybar materials.Discounts are based on the Graybar List Price or Cost in effect at time of order Standard delivery policy provides customers with next day service,free of charge, for materials stocked in the branch and within the standard service area Orders requiring same-day or expedited next-day service,non-stock items,special order or special handling and materials obtained from the manufacturer,may include shipping or handling charges.Any shipping,handling or other costs will be negotiated at time of order Page 132 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D STANDARD TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 25 The County of Los Angeles accepts your offer to furnish our requirements(and such requirements as may be ordered by cities and/or districts indicated herein)of the listed commodity,or service,as needed,subject to conditions of the stated quotation and as provided herein.All Purchase Agreements,Purchase Orders and Contracts will be deemed to be made and entered into the State of California under the constitution and laws of this state and are to be so construed. PRICE GUARANTEE:Unless otherwise provided herein,prices are maximum for the period of this agreement.In the event of a price decline,or,should you at any time during the life of this agreement sell the same material or service under similar quantity and deliver conditions to the State of California,or legal district thereof,or to any county or Municipality within the State of California at prices below those stated herein,you will immediately extend such lower prices to the County of Los Angeles. ATTENTION:VENDOR/DEPARTMENT- SPECIAL NOTE: County departments are not authorized to use this agreement as a purchasing source for products not specifically covered herein.Changes of items,equipment,or modifications to prices, specifications,or conditions,etc.,of this agreement can be made only by the Purchasing Agent by issuance of official amendment and in accordance with properly authorized changes agreed upon prior to consummation. Los Angeles County will not pay for items not listed below that have not been processed in accordance with the above paragraph. Vendor will incur payment problems. County's Quality Assurance Plan.The County or its agent will evaluate Contractor's performance under this agreement on not less than annual basis. Such evaluation will include assessing Contractor's compliance with all contract terms and performance standards. Contractor deficiencies which County's determines are severe or continuing and that may place performance of the agreement in jeopardy if not corrected will be reported to the Board of Supervisors.The report will include improvement/corrective action measures taken by the County and Contractor.If improvement does not occur consistent with the corrective action measures,County may terminate this agreement or impose other penaltiesas specified in this agreement. CONTRACTOR RESPONSIBILITY AND DEBARMENT 1.A responsible Contractor is a Contractor who has demonstrated the attribute of trustworthiness,as well as quality,fitness,capacity and experience to satisfactorily perform the contract.It is the County's policy to conduct business onlywith responsible contractors. 2.The Contractor is hereby notified that,in accordance with Chapter 2.202 of the County Code,if the County acquires information concerning the performance of the contractor on this or other contracts which indicates that the Contractor is not responsible,the County may,in addition to other remedies provided in the contract,debar the Contractor from bidding on County contracts for a specified period of time not to exceed 5 years,and terminate any or all existing contracts the Contractor may have with the County. 3.The County may debar a contractor if the Board of Supervisors finds,in its discretion,that the Contractor has done any of the following: (1)violated any term of a contract with the County,(2)committed any act or omission which negatively reflects on the Contractor's quality,fitness or capacity to perform a contract with the County or any other public entity,or engaged in a pattern or practice which negatively reflects on same,(3)committed an act or offense which indicates a lack of business integrity or business honesty,or(4)made or submitted a false claim against the County or any other public entity. 4.If there is evidence that the Contractor may be subject to debarment,the Department will notify the Contractor in writing of the evidence which is,the basis for the proposed debarment and will advise the Contractor of the scheduled date for a debarment hearing before the Contractor Hearing Board. 5.The Contractor Hearing Board will conduct a hearing where evidence on the proposed debarment is presented.The Contractor and/ or the Contractor's representative shall be given an opportunity to submit evidence at that hearing.After the hearing,the Contractor Hearing Board shall prepare a proposed decision,which shall contain a recommendation regarding whether the contractor should be debarred,and,if so,the appropriate length of time of the debarment.If the Contractor fails to avail itself of the opportunity to submit evidence to the Contractor Hearing Board,the Contractor may be deemed to have waived all rights of appeal. Page 133 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D STANDARD TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 26 6.A record of the hearing,the proposed decision and any other recommendation of the Contractor Hearing Board shall be presented to the Board of Supervisors.The Board of Supervisors shall have the right to modify,deny or adopt the proposed decision and recommendation of the Hearing Board. PROHIBITION AGAINST USE OF CHILD LABOR 1.Not knowingly sell or supply to COUNTY any products,goods,supplies or other personal property produced or manufactured in violation of child labor standards set by the International Labor Organizations through its 1973 Convention concerning Minimum Age for Employment. 2.Upon request by COUNTY,identify the country/countries of origin of any products.goods,supplies or other personal property bidder sells or supplies to COUNTY,and VENDOR shall: 7.These terms shall also apply to(subcontractors/subconsultants)of County Contractors. 3.Upon request by COUNTY,provide to COUNTY the manufacturer's certification of compliance with all international child labor conventions. Should COUNTY discover that any products,goods,supplies or other personal property sold or supplied by VENDOR to COUNTY are produced in violation of any international child labor conventions,VENDOR shall immediately provide an alternative,compliant source of supply. Failure by VENDOR to comply with the provisions of this clause will be grounds for immediate cancellation of this Purchase Order or termination of this Agreement and award to an alternative vendor. A. Jury Service Program. This Contract is subject to the provisions of the County's ordinance entitled Contractor Employee Jury Service("Jury Service Program")as codified in Sections 2.203.010 through 2.203.090 of the Los Angeles County Code. Should COUNTY discover that any products,goods,supplies or other personal property sold or supplied by VENDOR to COUNTY are produced in violation of any international child labor conventions,VENDOR shall immediately provide an alternative,compliant source of supply. B.Written Employee Jury Service policy. 1. Unless Contractor has demonstrated to the County's satisfaction either that Contractor is not a"Contractor"as defined under the Jury Service Program(Section 2.203.020 of the County Code)or that Contractor qualifies for an exception to the Jury Service Program(Section 2.203.070 of the County Code),Contractor shall have and adhere to a written policy that provides that its Employees shall receive from the Contractor,on an annual basis,no less than five days of regular pay for actual jury service.This policy may provide that Employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the Employee's regular pay the fees received for jury service. 2. For purposes of this Section, "Contractor"means a person,partnership,corporation or other entity which has a contract with the County or a subcontract with a County contractor and has received or will receive an aggregate sum of$50,000 or more in any 12- month period under one or more County contracts or subcontracts. "Employee"means any California resident who is a full time employee of Contractor. "Full time"means 40 hours or more worked per week,or a lesser number of hours if the lesser number is a recognized industry standard and is approved as such by the County.If Contractor uses any subcontractor to perform services for the County under the Contract,the subcontractor shall also be subject to the provisions of this Section.The provisions of this Section shall be inserted into any such subcontract agreement and a Copy of the Jury Service Program shall be attached to the agreement. Page 134 of 754 DocuSign Envelope ID:82BB27C5-A476-4813-9B87-542301AODC4D STANDARD TERMS & CONDITIONS TERM CONTRACT AWARD CONTRACT NO: MA-IS-1340234-14 Page 27 3. If Contractor is not required to comply with the Jury Service Program when the Contract commences,Contractor shall have a continuing obligation to review the applicability of its"exception status"from the Jury Service Program,and Contractor shall immediately notify County if Contractor at any time either comes within the Jury Service Program's definition of"Contractor"or if Contractor no longer qualifies for an exception to the Program.In either event,Contractor shall immediately implement a written policy consistent with the Jury Service Program.The County may also require,at any time during the Contract and at its sale discretion,that Contractor demonstrate to the county's satisfaction that Contractor either continues to remain outside of the Jury service Program's definition of"Contractor"and/or that Contractor continues to qualify for an exception to the Program. 4. Contractor's violation of this Section of the contract may constitute a material breach of the Contract.In the event of such material.breach,County may,in its sole discretion,terminate the Contract and/or bar Contractor from the award of future County contracts for a period of time consistent with the seriousness of the breach. PRICE SPECIFIC CONTRACTS AND PURCHASE ORDERS Vendors are entitled to receive payment for goods received by,or services provided to the county specific to the Contract or Purchase Order price amount.Under no circumstances will those Suppliers,Contractors or Vendors who supply goods or otherwise contract services with the County of Los Angeles be entitled to or paid for expenditures beyond the Contract or Purchase Order amounts. Vendors are prohibited from accepting prepayment for goods or services without the express written approval of the County Purchasing Agent. ASSIGNMENT BY CONTRACTOR A. Contractor shall not assign its rights or delegate its duties under the Agreement,or both whether in whole or in part,without the prior written consent of County,in its discretion,and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph,County consent shall require a written amendment to the Agreement,which is formally approved and executed by the parties.Any payments by county to any approved delegate or assignee on any claim under the Agreement shall be deductible,at County's sole discretion,against the claims which Contractor,may have against county. B. Shareholders,partners,members,or other equity holders of Contractor may transfer,sell exchange,assign,or divest themselves of any interest they may have therein.However,in the event any such sale,transfer,exchange.assignment,or divestment is effected in such a way as to give majority control of Contractor to any person(s),corporation,partnership,or legal entity other than the majority controlling interest therein at the time of execution of the Agreement,such disposition is an assignment requiring the prior written consent of County in accordance with applicable provisions of this Agreement. C. Any assumption,assignment,delegation,or takeover of any of the Contractor's duties,responsibilities,obligations,or performance of same by any entity other than the Contractor,whether through assignment,subcontract,delegation,merger,buyout,or any other mechanism,with or without consideration for any reason whatsoever without county's express prior written approval,shall be a material breach of the Agreement which may result in the termination of the Agreement.In the event of such termination,County shall be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor. Page 135 of 754 6.G. CONSENTAGENDA 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Legal Expenses- October 2017- Information at the request of the City Commission. No action required. EXPLANATION OF REQUEST: Outside counsel has not provided the all October 2017 statements to Risk Management and therefore their September and/or October 2017 (most recent) are available. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 136 of 754 ATTACHMENTS: Type Description D Attachment Summary ® Goren Cherof General Oct D Attachment Goren Cherof Doody & Ezrol Oct 2017 Invoices D Attachment Summary Goren Cherof Risk Oct D Attachment Goren Cherof Doody & Ezrol October 2017 Risk Oversight I nvoices D Attachment Summary Outside Counsel Oct D Attachment Outside Counsel September and October, 2017 Risk Invoices Page 137 of 754 Goren, Cherof, Doody& Ezrol, P.A. -October 2017 General Legal Costs Retainer-General Matters onsite office hours agenda item review pre-mtg commissioner mtgs commission mtg followup commission mtg contract review, code issues group homes, NOI research 122.5 Hours 17,500.00 Labor-general 1,992.35 Red light camera 13,151.90 Special Fire Assessment 0.00 Unsecured Creditors of Tribune 0.00 Exec Est of BB Homeowners(Dwork,Jonathan) 61.50 Litigation 2,341.00 Model Block Right of Way 553.50 BB adv Bock, Sharon (Leisureville) 783.90 Olen Properties Corp 1,063.30 Boynton Old School Partnership 0.00 Deutsche Bank(Howell,Jeanette) 0.00 Akyeshia Gums vs.JP Morgan 0.00 Deutsche Bank Natl Trust (Perlowitz, David) 82.00 Predelus, Love (HUD Complaint) 4,113.80 Bank of NY Mellon (White,Jack) 307.50 Po Ying Sem,Trustee (Stanley, Edmund) 0.00 Solano, Yuly and Baluja, Aryana 2,747.00 Sale to Habitat for Humanity 50.00 Secured Holdings 820.00 Bank of New York(Estate of Mordaunt, Mark) 41.00 adv Bock, Sharon (Corp Prof Res) 575.75 Estate of Hazel Clemmons,James Nutter Co. 41.00 HUD Housing Discrimination 287.00 Villa Del Sol Condo Assoc (Dacquay, Marcel) 41.00 Riverwalk Development Agt 287.00 Town Square 5,032.90 Nationstar Mtg (McBride, Cheryl) 164.00 FNMA(Cynthia Matthews) 492.00 BB Faith Based CDC 50.00 Prime Property of PB (Peterson, Steven) 143.50 The Bank of New York(Henry, Ivey) 102.50 TOTAL General Legal Costs-October 2017 52,825.40 Page 138 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0603180 Boynton Beach FL 33425 STATEMENT NO: 17603 Attn: Lynn Swanson LABOR- General HOURS 10/02/2017 SHB Follow up with Katz re: Prince labor matters. 0.10 10/03/2017 JAC Review Price matter and conf with SB re: same 0.30 10/04/2017 SHB Telephone conference with Oldbury re: fire department promotional matters; follow up with JAC. 0.20 10/10/2017 SHB Discuss Fire labor matters with JAC; review CBA. Call to Oldbury. 1.00 10/17/2017 SHB Attended Liz Roehrich pre-determination conference. Meeting with Oldbury re: fire investigation matters. 2.00 10/18/2017 SHB Attend Jake LeJeune pre-d at City Hall. 3.50 10/25/2017 SHB Check on status of Finney criminal case (basis for termination). Update Lori. 0.30 10/30/2017 SHB Various telephone conferences with Oldbury re: employee workers comp matter; discuss with JAC. Research re: liability matters. Discuss with TAD. Receive and review timeline from Oldbury. 2.30 FOR CURRENT SERVICES RENDERED 9.70 1,988.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.30 $205.00 $61.50 SHANA H. BRIDGEMAN 9.40 205.00 1,927.00 Photocopies 3.85 TOTAL EXPENSES THRU 10/31/2017 3.85 TOTAL CURRENT WORK 1,992.35 BALANCE DUE $1,992.35 Page 139 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0806020 Boynton Beach FL 33425 STATEMENT NO: 17604 Attn: Lynn Swanson Red Light Cameras HOURS 10/02/2017 MDC Miscellaneous telephone calls on hearings; review docket, Boss materials; miscellaneous research, review case law on Mandate, related issues for 10/04 hearing. 2.00 IR Online research of court dockets, in 147 cases, reviewed twice; updated Excel chart pertaining to defense motions file; prepared several emails regarding status and findings. 6.60 SHB Prep for 10-4 trials. Follow up re: docket review matters. Prepare and file notices of intent to rely on business records for use at trial. Discuss pending matters and 57.105 motion with MDC. Prepare and file notices of intent to rely on business records for use at trial. 2.50 10/03/2017 IR Receipt, review and responded to several emails pertaining to project, in advance of trial; revised parameters for review and research of online court dockets in 147 cases separate matters; revised chart pertaining to same, specifying defense motions, in preparation of trial in this cases, Wednesday September 27, 2017 in Palm Beach County, FL. 5.40 SHB Meeting with MDC re: Motion to Dismiss hearing and trials. Follow up with City re: certified copies of documents needed for trials. Research and assemble case law for trials and hearing on Motion to Dismiss. Prepare and file Cox dismissal. Various correspondence with Damico JA re: court hearings. Final trial prep with Sandy Mickey. Correspondence with Abramson re: additional $50 settlements. Prepare and file notices of intent to rely on business records for use at trial. 6.50 MDC Prepare for 10/04 hearings. 0.90 10/04/2017 SHB Meeting with officers and MDC for final trial prep. Attended red light camera trials with Judge Damico. Follow up with officers and Damico's JA re: upcoming trial dates. Schedule court reporter for 11/1 hearing on Hollander Motion to Dismiss. 8.00 MDC Review materials, meet with PD to prepare for hearings; attend hearings at 11:00 docket; attend and argue appellate matters at 1:00 docket; miscellaneous updates to JAC. 3.60 10/06/2017 SHB Receive and begin review of Motion to Dismiss (violator Falon Bacardi). Follow up with ATS, McCoy, Guedes, and Dietz (Attorney General) re: Motion to Dismiss and upcoming hearings. 1.00 MDC Review filings by Defendants in Bacardi case for 11/01 hearing. 0.30 Page 140 of 754 Page: 2 CITY OF BOYNTON BEACH 11/02/2017 ACCOUNT NO: 306-0806020 STATEMENT NO: 17604 Red Light Cameras HOURS 10/10/2017 MDC Meet with SB, review matters re: Bacardi hearing. 0.50 SHB Meeting with MDC re: Bacardi MTD and upcoming hearing matters. 1.00 SHB Follow up with officers re: status of settlement payments. Discuss upcoming trial matters with MDC and JAC. 0.60 10/11/2017 JAC Call w/Mayor re: ATS status review of SB re: pending memo. 0.80 MDC Meet with SHB, phone conference with Louis Arslanian re: status of hearings. 0.30 SHB Drafting and revision: memo re: status of pending matters. 1.00 10/16/2017 MDC Continued research for defending the Motion to Dismiss. 0.40 10/18/2017 MDC Review materials, prepare memo re: Bacardi Motion to Dismiss. 3.30 10/19/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.40 MDC Continue preparing memo of law on Bacardi Motion to Dismiss, confer with SHB. 1.60 10/20/2017 SHB Prepare and file notices of intent to rely on business records for use at trial. 0.70 10/23/2017 MDC Confer with SHB re: Bacardi Motion to Dismiss. 0.30 10/24/2017 MDC Meet with SHB re: Bacardi hearing preparations. 0.20 10/25/2017 MDC Phone conference with counsel for defendants re: Bacardi hearing. 0.30 10/26/2017 MDC Telephone conference with TH, update JAC, confer with SHB re: Bacardi hearing. 0.40 SHB Discuss Bacardi hearing with Zeskind. Telephone conference with Fishman re: subpoena for Miami Beach business rules. 0.60 10/27/2017 MDC Review status of Bacardi hearing. 0.30 10/30/2017 SHB Telephone conference with Guedes re: Bacardi MTD and other pending case matters. Telephone conference with Laverriere and MDC re: Bacardi stay matters and MTD matters. Telephone conference with ATS, Manning, Reeb, and McCoy re: Bacardi, MTD hearing, Jimenez, and other pending legal matters. Receive and review Stein pleadings on similar BRQ matters. Work on hearing outline. 3.00 MDC Telephone conference with Ed Guedes re: status of Jimenez Supreme Court and BRQ arguments; phone conference with LL re: status of hearings. 0.90 10/31/2017 SHB Research, drafting, and revision: memorandum in opposition to Bacardi Motion to Dismiss. Meeting with MDC to discuss. Revise and finalize memorandum in opposition to Motion to Dismiss. Assemble all exhibits and case law for hearing and trials. Confirm court reporter. Receive and begin review of various requests for judicial notice filed by Arslanian. Prepare Request for Judicial Notice of Boss transcript. 8.50 MDC Miscellaneous review of emails, materials, meet with SHB, revise legal memo, miscellaneous research on judicial notice, prepare for 11/01 hearings. 1.80 Page 141 of 754 Page: 3 CITY OF BOYNTON BEACH 11/02/2017 ACCOUNT NO: 306-0806020 STATEMENT NO: 17604 Red Light Cameras HOURS FOR CURRENT SERVICES RENDERED 64.70 12,303.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $205.00 $164.00 MICHAEL D. CIRULLO 17.10 205.00 3,505.50 SHANA H. BRIDGEMAN 34.80 205.00 7,134.00 INGRID RIERA 12.00 125.00 1,500.00 Color photocopies 112.00 Photocopies 736.40 TOTAL EXPENSES THRU 10/31/2017 848.40 TOTAL CURRENT WORK 13,151.90 BALANCE DUE $13,151.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 142 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9001821 Boynton Beach FL 33425 STATEMENT NO: 17605 Attn: Lynn Swanson General Matters HOURS 10/02/2017 SHB Municipal prosecution: Follow up re: Bernard Marcus settlement offer; correspondence to attorney Marcus. 0.60 10/03/2017 JAC On site; prep for and attend Commission meeting; office administration issues 5.20 10/04/2017 JAC Commission meeting follow up; conf with SB re: misc pending matters 3.50 10/05/2017 FLN Drafted two (2) addendums in support of existing MOU draft between City and School Board; communicated with Craig Clark via email; sent email to Jim Cherof re: possible concerns, issues with City's position in addendum re: to liability for damaged books. 1.80 JAC On site; review pending mail/memo matters; review master file index re: retention matters; call with SB re: status of HUD and RLC 2.50 10/06/2017 SHB Review and revise Reasonable Accommodation Agreement for 2502 S. Seacrest Blvd. -Your Life Recovery; various correspondence with Rumpf. 1.50 JAC Onsite office administration issues; conf with LS re: file retention and cataloging options; file review for retention 2.50 DNT Review status of Palmer Road utility improvements; t/c/c with Joe Paterniti re: Palmer Road utility improvements; review FPL easement issue. 0.50 10/09/2017 FLN Re: Addendum to MOU; reviewed Jim Cherof comments; T/C and follow up email to Craig Clark on matter. 0.40 DNT Review easement with FPL for Boynton Beach Service Center; t/c/c with John Olinger @ FPL re: easement for water line. 0.80 JAC Onsite - office administration; agenda prep; review procurement issue for conference; budget follow up. 7.60 SHB Various correspondence with Woods and Rumpf re: reasonable accommodation agreement. 0.60 10/10/2017 FLN With regards to pending City MOU with School board; discussed revisions to addendum on waiver of library circulation with Craig Clark via t/c; reviewed City manager's approval email, finalized addendum and submitted Craig et al.; re; library digitization MOU with Lake Worth and the Herald, reviewed City of LW's revisions; revised and resubmitted to Craig and Lynn Swanson. 1.30 Page 143 of 754 Page: 2 CITY OF BOYNTON BEACH 11/02/2017 ACCOUNT NO: 306-9001821 STATEMENT NO: 17605 General Matters HOURS JAC Agenda review and approval; review pending mail/memo issued audit litigation files. 6.60 DNT Dictate and revise easement with FPL re: Boynton Beach Service Center property. 0.50 SHB Follow up with Rumpf re: reasonable accommodation agreement. 0.30 10/11/2017 JAC Agenda review and prep; research FECRR abandonment issue. 4.00 SHB Telephone conference with Chris Fernandez from Boca Raton re: request for Amicus Curiae brief. 0.30 10/12/2017 JAC Agenda review and approvals; misc research re: ROW abandonment. 4.10 10/13/2017 JAC Onsite; conference re: Chronic Nuisance process with staff; office administrative issues; finish agenda review; calls with SB re: pending issues for meeting. 6.80 SHB Conference call re: chronic nuisance task force. 1.00 10/16/2017 KLE Email from Shauna re: Public Records Request(s) :: P010329-101617, research, review documents, email to Shana. 0.70 SHB Attended agenda review meeting. Office hours at city hall. Various meetings and correspondence with PD re: public records request matters. Review public records exemption statutes and discuss with MDC, KLE, SSG. Meeting with Laverriere and Blackman re: school bus matter. 9.70 10/17/2017 FLN Reviewed complete packet for Bid No. 001-1210-18-IT Calendar Printing and Mailing Services; Reviewed City's Code, PB County Ordinance and Florida Statutes, T/C and follow up advice email sto Illyse Triestman, Purchasing Mgr; exchanged related emails with Lynn Swanson; Tim Howard and Illyse after second review of revised version; Re: 182-184 SE 27th Way, Boynton Beach, FL-Code Enforcement Lien, exchanged emails with Cary Sabol, counsel for property owner and sent email to Lynn Swanson e: to status of City's issuance of partial release. 3.40 SHB Office hours at City Hall. Various meetings re: public records matters. Attended City Commission meeting at City Hall. 8.50 10/18/2017 FLN Re: 182-184 SE 27th Way, Boynton Beach, FL- Code Enforcement Lien, two T/Cs with and exchanged related emails with Tammy Stanzione at Clerk's office and with Lynn Swanson; reviewed official records for partial release; exchanged related email with property owner's attorney Cary Sabol to confirm recording of partial release. 0.60 SHB Update JAC on pending matters. 0.20 10/19/2017 JAC Onsite; call with LL re: pending items. 3.00 SHB Telephone conference with Krusell re: public records matters; various correspondence with Krusell. Follow up with PD re: public records request matters. 1.00 10/20/2017 JAC Review pending matters; case and assignment review; review Habitat transaction. 4.20 FLN Reviewed documents including police reports and affidavit re: Wilkins, Terrence- MOV, in preparation for upcoming hearing. 1.30 Page 144 of 754 Page: 3 CITY OF BOYNTON BEACH 11/02/2017 ACCOUNT NO: 306-9001821 STATEMENT NO: 17605 General Matters HOURS SHB Follow up with City re: pending municipal ordinance violations. Discuss municipal ordinance cases with FLN and BJS. Correspondence to Ottey re: County ordinance violation mis-assigned to City. Follow up with Laverriere. Howard, and Krusell re: public records matters. Telephone conference with Krusell. 1.50 10/23/2017 SHB Meeting at Clerk of Court's Office re: public records exemption and redaction requirements. Discuss with Presser, Maiorana, and Warren. Follow up with Captain Burdelski re: request for return of firearm. Various correspondence with David Ottey re: municipal/county ordinance hearing. 4.10 JAC Review pending mail and memos; review AC attorney assignments; prepare for P&D; review variance issue; email Ken Dodge; review density zoning issues for meeting with HM. 5.20 10/24/2017 JAC Onsite office administrative issues; review agenda items; prepare for and attend P&D Board; review procurement issues with IT and follow up research; review advisory board issue with JP; review piggy-back. 5.50 10/25/2017 JAC Review procurement/ public meeting issue; research same; review agenda item. 1.20 SHB Discuss reasonable accommodation matters with Rumpf. 0.10 10/26/2017 JGH Review and research Sunshine Law/Code of Ethics inquiry. 0.40 MDC Miscellaneous research re: procurement, negotiation meetings; confer with JAC; phone conference with TH re: special assessment procedures. 1.30 JAC Review procurement issues and calls/ research re: same; reveiw assessment option -Town Square; calls with TA; review agenda items. 3.20 SHB Receive and review various municipal prosecution notices and probable cause affidavits. 0.60 10/27/2017 SHB Review and approve various agenda items. 1.10 FLN Started review of agenda items, including agreements, and exchanged related emails with Jim Cherof and Lynn Swanson. 1.80 MDC Review contract for police software, phone conference with Ilyse Triestman. 0.70 10/30/2017 FLN Finalized review of agenda items; T/C with Doug from police department re: agreement with Motorola; reviewed and revised additional drafts of Motorola agreement and followed up with Lynn Swanson via email on review results and approval of item for agenda review; per Shana Bridgeman's request, reviewed City's agreement with Sensus for metering infrastructure, sent review result emails and exchanged related emails to Lynn Swanson. 2.80 SHB Review and approve various agenda items. Follow up re: special magistrate agenda item. Receive and review Sylvester Thomas MOV and arrest record; prepare and file nolle prosse. 3.00 Page 145 of 754 Page: 4 CITY OF BOYNTON BEACH 11/02/2017 ACCOUNT NO: 306-9001821 STATEMENT NO: 17605 General Matters HOURS 10/31/2017 FLN Finalized review of City's proposed agreement with Sensus, drafted and sent detailed advice email to Lynn Swanson with review comments to forward to originator of agreement in City Commission Agenda; T/Cs with Barb Conboy re: review of Agmt; revised agmt in tracked formatting pursuant to Barb's request and resubmitted to Barb Conboy, Colin Goff, Tim Howard and Joseph Paterniti, ccing Jim Cherof and Lynn Swanson; Re :Lien Payoff Request for property located at 5221 Toscano Trail, T/C to Lynn Swanson and Janelle Cooper with Platinum Title and exchanged related emails with Barb Conboy. 2.80 SHB Review and approve various agenda items. Follow up re: code lien matters. 1.50 DNT Review status of restrictive covenant for Storall; review letter to DOT re: removal of material in drainage ditch North of Woolbright. 0.70 FOR CURRENT SERVICES RENDERED 122.50 17,500.00 TOTAL CURRENT WORK 17,500.00 BALANCE DUE $17,500.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 146 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904936 Boynton Beach FL 33425 STATEMENT NO: 17606 Attn: Lynn Swanson adv. Olen Properties Corp., et al HOURS 10/03/2017 JAC Review witness and exhibit list and trial order 0.40 10/04/2017 JAC Review documents listed as exhibits and evaluate need for lifting 1.50 10/19/2017 JAC Attend hearing re: Mediation; follow up preparation; calls re: Mediation. 2.60 10/24/2017 JAC Review pleadings and witness disclosures. 0.40 FOR CURRENT SERVICES RENDERED 4.90 1,004.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 4.90 $205.00 $1,004.50 Photocopies 58.80 TOTAL EXPENSES THRU 10/31/2017 58.80 TOTAL CURRENT WORK 1,063.30 BALANCE DUE $1,063.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 147 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904950 Boynton Beach FL 33425 STATEMENT NO: 17607 Attn: Lynn Swanson Litigation Miscellaneous HOURS 10/02/2017 TAD Receipt and review of incident report (Peart). Receipt and review of incident report (Montieth) 0.30 10/03/2017 TAD Receipt and review of use of force report (Marshall) 0.10 10/05/2017 TAD Receipt and review of use of force report (Boyd). 0.10 10/08/2017 JAC Review pending litigation case status and outline issues for ACAttys. 2.50 10/09/2017 BJS Review new forfeiture and t/c with Scott Harris 0.30 10/10/2017 BJS Review proposed forfeiture, review police reports, and draft follow up correspondence re: Hurbert 0.50 TAD Receipt and review of revised contract re: review. Review proposed revised terms. Prepare correspondence to city re: same. Telephone conference with City re status of claims. 0.90 10/16/2017 TAD Receipt and review of correspondence from City re: subpoena. Receipt of correspondence from outside counsel re: subpoena and prepare correspondence to the City re: same. 0.30 10/18/2017 TAD Meet with City manager and Police chief re: public records issue. Review case law re: DCF investigation and public records request. Confer with City staff re: statement. 1.50 10/20/2017 JAC Review curfew case and enforcement issue; conference with BS re: same. 0.30 BJS Review file re: Jean Hubert Joseph and telephone call with Judge Cunningham's JA re: Municipal Prosecution 0.50 10/23/2017 BJS Attend municipal prosecution hearing at the Palm Beach County Main Courthouse re:: Jean Hubert Joseph 3.80 10/30/2017 BJS Review correspondence and follow up re:: Curfew Violation/Jean Hubert Joseph 0.30 FOR CURRENT SERVICES RENDERED 11.40 2,337.00 Page 148 of 754 Page: 2 CITY OF BOYNTON BEACH 11/02/2017 ACCOUNT NO: 306-9904950 STATEMENT NO: 17607 Litigation Miscellaneous RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.80 $205.00 $574.00 BRIAN J. SHERMAN 5.40 205.00 1,107.00 TRACEY A. DECARLO 3.20 205.00 656.00 10/23/2017 Parking - BJS 4.00 Parking - 4.00 TOTAL ADVANCES THRU 10/31/2017 4.00 TOTAL CURRENT WORK 2,341.00 BALANCE DUE $2,341.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 149 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904966 Boynton Beach FL 33425 STATEMENT NO: 17608 Attn: Lynn Swanson Boynton Beach adv. Bock, Sharon (Leisureville) HOURS 10/11/2017 FLN Reviewed Plaintiffs Supplemental Request for Claim of Funds; reviewed other case filings; researched pending issues re: to claims in preparation of 10/25 hearing. 2.30 10/24/2017 FLN Finalized review of pleadings filed; conferred with Jim Cherof re: City's position with regards to hearing scheduled on 10/25/2017; sent email to Defendant's Counsel re: City's position and the scheduled hearing on their Motion for Supplemental Claim. 1.30 10/26/2017 FLN Reviewed Order on Supplemental Request for Claim of Funds. 0.20 FOR CURRENT SERVICES RENDERED 3.80 779.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 3.80 $205.00 $779.00 Photocopies 4.90 TOTAL EXPENSES THRU 10/31/2017 4.90 TOTAL CURRENT WORK 783.90 BALANCE DUE $783.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 150 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905001 Boynton Beach FL 33425 STATEMENT NO: 17609 Attn: Lynn Swanson adv. Executive Estates of BB Homeowner's Assn. (Dwork, Jonathan Mitchell), 154 Orange Drive, BB HOURS 10/06/2017 FLN reviewed Plaintiffs Notice of Unavailability; Plaintiffs Motion to Compel against Defendant Dwork re: to RFPs. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 151 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905018 Boynton Beach FL 33425 STATEMENT NO: 17610 Attn: Lynn Swanson City of Boynton Beach Model Block Right of Way Acquisition HOURS 10/25/2017 KLE Review documents, prepare for meeting. 0.60 10/26/2017 KLE Prepare for and attend meeting re: Replat; review survey and related documents re: Lot 5. 2.10 FOR CURRENT SERVICES RENDERED 2.70 553.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 2.70 $205.00 $553.50 TOTAL CURRENT WORK 553.50 BALANCE DUE $553.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 152 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905188 Boynton Beach FL 33425 STATEMENT NO: 17611 Attn: Lynn Swanson adv. The Bank of New York Mellon Trust Company, N.A. (White, Jack) HOURS 10/06/2017 FLN T/C and follow-up email to Plaintiffs Counsel's Barry Warsch re: City's answer to amendment to complaint. 0.40 10/09/2017 FLN Drafted City's Answer to Amendment to Complaint prior to efiling. 1.00 10/26/2017 FLN Notice of Appearance of Co-Counsel for Defendant Jack White. 0.10 FOR CURRENT SERVICES RENDERED 1.50 307.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 1.50 $205.00 $307.50 TOTAL CURRENT WORK 307.50 BALANCE DUE $307.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 153 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905206 Boynton Beach FL 33425 STATEMENT NO: 17612 Attn: Lynn Swanson adv. Secured Holdings, Inc. HOURS 10/06/2017 JAC Conf with Andre Parks and staff re: preserve area land swap and comprehensive settlement options; follow up prep re: same 2.20 10/10/2017 JAC Review follow up emails re: park/preserve swap. 0.50 10/11/2017 JAC Review emails and mediation issue. 0.30 10/19/2017 JAC Draft witness disclosure. 0.30 10/20/2017 JAC Miscellaneous calls to finalize witness list. 0.30 10/23/2017 JAC Final and file witness list. 0.40 FOR CURRENT SERVICES RENDERED 4.00 820.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 4.00 $205.00 $820.00 TOTAL CURRENT WORK 820.00 BALANCE DUE $820.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 154 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905212 Boynton Beach FL 33425 STATEMENT NO: 17613 Attn: Lynn Swanson adv. James B. Nutter& Company (Estate of Hazel Clemmons, et al.) HOURS 10/26/2017 FLN Reviewed Affidavit in support of Proof of Publication and Notice of Action/Constructive Service. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 155 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905258 Boynton Beach FL 33425 STATEMENT NO: 17614 Attn: Lynn Swanson adv. Bock, Sharon R. (Corporate Professional Resources, LLC) HOURS 10/17/2017 SHB Attended court-ordered pre-trial mediation. 2.50 10/23/2017 SHB Receive and review Final Judgment approving mediation settlement. Draft memo to client. 0.30 FOR CURRENT SERVICES RENDERED 2.80 574.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 2.80 $205.00 $574.00 Photocopies 1.75 TOTAL EXPENSES THRU 10/31/2017 1.75 TOTAL CURRENT WORK 575.75 BALANCE DUE $575.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 156 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905260 Boynton Beach FL 33425 STATEMENT NO: 17615 Attn: Lynn Swanson HUD Housing Discrimination-Group Homes Moratorium HOURS 10/03/2017 JAC Review M. Rumpf interview issues with SB; review records of reviews application 0.80 10/20/2017 JAC Review status of reviews and approvals. 0.30 10/31/2017 SHB Telephone conference with Curtis Barnes re: HUD complaint. Update JAC. 0.30 FOR CURRENT SERVICES RENDERED 1.40 287.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.10 $205.00 $225.50 SHANA H. BRIDGEMAN 0.30 205.00 61.50 TOTAL CURRENT WORK 287.00 BALANCE DUE $287.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 157 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905263 Boynton Beach FL 33425 STATEMENT NO: 17616 Attn: Lynn Swanson Town Square Development HOURS 10/03/2017 JAC Review agreement and assignment issue; prep for phase 2 conference and agreement options; review financing issues with TH; outline legal task for assignment to ACAttys 2.10 10/04/2017 JAC Prep for conf re: phase 2 0.80 10/05/2017 JAC Conf at City with E21-teams and staff to review phase 2 options; follow up prep re: same; conf with DT re: transaction model 4.00 DNT Meeting at city hall with Mark Hefferin, John Sharkey, JAC, Tim Howard, and others re: site plan and financing for Town Square. 2.50 10/06/2017 JAC Conf with attys re: project legal issues; outline master agreement requirements; research related public use/sales/ad valorem issues 2.80 10/12/2017 JAC Call w/LL re: special meeting; outline Agreement closeout; review MH outline of issues. 1.20 10/13/2017 RLL Review email from Mark Hefferin regarding platting of parcels. 0.30 JAC Conference with DJD re: Phase II; follow up review of documents. 2.00 DJD Review services agreement; ground lease agreement and facilities agreement. 2.40 10/16/2017 RLL Review transaction with DJD; attend conference call with DJD and Mark Raymond to discuss terms of transaction. 0.70 DJD continued review of proposed documents; telephone conference with Mark Raymond. 2.30 10/18/2017 DJD Telephone conference with John Markie; continued review of proposed documents. 1.60 DNT Review TEFRA notice and chilled water utility agreement. 0.60 10/19/2017 JAC Document and project review with DJD. 1.20 DJD Conference with James Cherof. 0.40 FOR CURRENT SERVICES RENDERED 24.90 5,024.50 Page 158 of 754 Page: 2 CITY OF BOYNTON BEACH 11/02/2017 ACCOUNT NO: 306-9905263 STATEMENT NO: 17616 Town Square Development RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 14.10 $205.00 $2,890.50 D.J. DOODY 6.70 205.00 1,373.50 DAVID N. TOLCES 3.10 205.00 635.50 RACHEL L LEACH 1.00 125.00 125.00 Photocopies 8.40 TOTAL EXPENSES THRU 10/31/2017 8.40 TOTAL CURRENT WORK 5,032.90 BALANCE DUE $5,032.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 159 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905265 Boynton Beach FL 33425 STATEMENT NO: 17617 Attn: Lynn Swanson adv. Nationstar Mortgage, LLC (McBride, Cheryl) HOURS 10/11/2017 FLN Reviewed Defendant McBride's Motion to Discuss Amended Complaint; drafted and sent email to Plaintiffs counsel re: upcoming hearing. 0.40 10/18/2017 FLN Reviewed email correspondence rescheduling of hearing of Defendant's Motion to Dismiss Amended Complaint. 0.20 10/26/2017 FLN Reviewed Notice of Hearing; confirmed City's position to not attend hearing. 0.20 FOR CURRENT SERVICES RENDERED 0.80 164.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.80 $205.00 $164.00 TOTAL CURRENT WORK 164.00 BALANCE DUE $164.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 160 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905270 Boynton Beach FL 33425 STATEMENT NO: 17618 Attn: Lynn Swanson adv. Prime Property of the Palm Beaches, Inc. (Peterson, Steven & Pamela) HOURS 10/06/2017 FLN Reviewed Plaintiffs Amended Motion for Summary Judgment; Notice of Sale. 0.30 10/26/2017 FLN Reviewed Notice of Filing Proof of Publication and publication post.. 0.20 10/27/2017 FLN Reviewed Plaintiffs Notice of Filing Affidavit of Additional Costs. 0.20 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 161 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905274 Boynton Beach FL 33425 STATEMENT NO: 17619 Attn: Lynn Swanson adv.Deutsche Bank National Trust Company (Perlowitz, David) HOURS 10/11/2017 FLN Reviewed Order granting Judicial Default against Defendant Lisa Perlowitz. 0.20 10/26/2017 FLN Reviewed Notice of Appearance filed on behalf of Defendant PB Leisureville Community Assoc and Plaintiffs Notice of Clerk's Reassignment. 0.20 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 162 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905275 Boynton Beach FL 33425 STATEMENT NO: 17620 Attn: Lynn Swanson adv. Predelus, Love (HUD Complaint) HOURS 10/02/2017 JAC Review MR email and follow up with SB and records issue. 0.30 SHB Prep for Rumpf call with investigator. Confirm interview with Cooper. 0.70 10/03/2017 SHB Review file, prep for conference call. Attend interview with Hud investigator Wilshanna Cooper and Mike Rumpf. Various correspondence with Cooper and Kittendorf re: interview scheduling. 1.80 10/06/2017 SHB Various correspondence with Investigator and Kittendorf re:: Kittendorf interview. Schedule interview and prep session. 0.60 10/09/2017 SHB Telephone conference with Kittendorf re: HUD interview. Discuss supplemental response with Rumpf and Kittendorf. Receive and review various correspondence re: new issues at property. 2.00 10/10/2017 SHB Review file. Conference call with Cooper and Kittendorf re: investigation matters. Telephone conference with Kittendorf. Follow up with JAC. 2.50 10/23/2017 SHB Third follow up with Rumpf and Kittendorf re: additional documents to transmit to HUD investigator. Research re: attorney-client privilege for HUD investigations. 2.00 JAC Review emails re: request to produce. 0.80 10/24/2017 SHB Begin review of GCDE and City emails pursuant to request of HUD investigator. 2.50 10/26/2017 SHB Continue to review and assemble emails in response to HUD investigator's request. Discuss with JAC. Transmit emails to HUD investigator. 5.30 JAC Review document for rezone to PRR. 0.80 FOR CURRENT SERVICES RENDERED 19.30 3,956.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.90 $205.00 $389.50 SHANA H. BRIDGEMAN 17.40 205.00 3,567.00 Page 163 of 754 Page: 2 CITY OF BOYNTON BEACH 11/02/2017 ACCOUNT NO: 306-9905275 STATEMENT NO: 17620 adv. Predelus, Love (HUD Complaint) Photocopies 134.75 TOTAL EXPENSES THRU 10/31/2017 134.75 09/15/2017 Federal Express- Invoice 5-941-825 22.55 22.55 TOTAL ADVANCES THRU 10/31/2017 22.55 TOTAL CURRENT WORK 4,113.80 BALANCE DUE $4,113.80 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 164 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905280 Boynton Beach FL 33425 STATEMENT NO: 17621 Attn: Lynn Swanson adv. Villa Del Sol Condominium Association, Inc. (Dacquay, Marcel) HOURS 10/06/2017 FLN Reviewed Plaintiffs Motion for Default against Marcel Daquay. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 165 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905283 Boynton Beach FL 33425 STATEMENT NO: 17622 Attn: Lynn Swanson Riverwalk Development Agreements HOURS 10/30/2017 DNT Review revisions to development agreements (cross access, public access, and declaration); telephone conference call with Mike Rumpf, Ed Breese, and Amanda Bassiely re: Riverwalk Development Agreements. 1.40 FOR CURRENT SERVICES RENDERED 1.40 287.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DAVID N. TOLCES 1.40 $205.00 $287.00 TOTAL CURRENT WORK 287.00 BALANCE DUE $287.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 166 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905285 Boynton Beach FL 33425 STATEMENT NO: 17623 Attn: Lynn Swanson adv. The Bank of New York Mellon (Estate of Mordaunt, Mark G.) HOURS 10/26/2017 FLN Reviewed Plaintiffs Certificate of Service of Clerk's Notice of Reassignment. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 167 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905286 Boynton Beach FL 33425 STATEMENT NO: 17624 Attn: Lynn Swanson adv. The Bank of New York Mellon F/K/A The Bank of NY (Henry, Ivey A/K/A Henry, Ivey Y.) HOURS 10/20/2017 FLN Reviewed Defendant Ivey Henry's Motion for Extension of Time. 0.20 10/26/2017 FLN Plaintiffs Response to Defendant Ivey's Motion for Extension of time to Respond to Plaintiffs Complaint' Plaintiffs Motion to Stay Case due to FEMA Disaster Declaration. 0.30 FOR CURRENT SERVICES RENDERED 0.50 102.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.50 $205.00 $102.50 TOTAL CURRENT WORK 102.50 BALANCE DUE $102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 168 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905290 Boynton Beach FL 33425 STATEMENT NO: 17625 Attn: Lynn Swanson adv. Federal National Mortgage Association ("FANNIE MAE") (Cynthia J. Matthews, et.al.) HOURS 10/23/2017 FLN reviewed complaint filed in this matter and drafted answer and affirmative defenses. 2.00 10/31/2017 FLN Reviewed, finalized Answer and approved for efiling. 0.40 FOR CURRENT SERVICES RENDERED 2.40 492.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 2.40 $205.00 $492.00 TOTAL CURRENT WORK 492.00 BALANCE DUE $492.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 169 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905291 Boynton Beach FL 33425 STATEMENT NO: 17626 Attn: Lynn Swanson Sale to BB Faith-Based Community Development Corp. NW 13 Avenue HOURS 10/27/2017 KL Telephone call with Executive Director, Keturah Joseph at Boynton Beach Faith Based CDC to inquire who would be handling the closing for the property; send email to Attorney Donia Roberts attaching the Agreement for Purchase and Sale and to provide our contact information and to advise that the Seller is ready to close. 0.40 FOR CURRENT SERVICES RENDERED 0.40 50.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KIMBERLY LONGO 0.40 $125.00 $50.00 TOTAL CURRENT WORK 50.00 BALANCE DUE $50.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 170 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905292 Boynton Beach FL 33425 STATEMENT NO: 17627 Attn: Lynn Swanson Sale to Habitat for Humanity of SPB County, Inc. 1118 NE 2 St, 1114 NE 2 St, NE 11 Ave and NE 12 Ave HOURS 10/27/2017 KL Receipt of email from Jeff Fengler at Habitat for Humanity providing attorney contract information who will be handling the closing; send e-mail to attorney Cappeller providing him with the Contract and our contact information inquiring when they would like to close. 0.40 FOR CURRENT SERVICES RENDERED 0.40 50.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KIMBERLY LONGO 0.40 $125.00 $50.00 TOTAL CURRENT WORK 50.00 BALANCE DUE $50.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 171 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905293 Boynton Beach FL 33425 STATEMENT NO: 17628 Attn: Lynn Swanson adv. Solano,Yuly and Baluja, Aryana HOURS 10/27/2017 MDC Miscellaneous telephone calls, review documents, assist SB with preparing for emergency hearing. 1.40 SHB Receive call from Burdelski re: emergency petition and hearing on injunction. Discuss with MDC and TAD. Receive and review petition. Receive and review warrant and affidavit. Attend emergency hearing. Follow up with Burdelski, MDC, JAC, and TAD. 7.00 10/30/2017 SHB Discuss case matters with MDC. Follow up with Levenson re: proposed order. Open new file number. Update Oldbury on status of matter. Review and revise Levenson proposed order; discuss with MDC. Transmit revisions to proposed order to Levenson. Prepare and file Notice of Appearance. Receive and review order transferring case to Judge Kelley. Various additional correspondence with Levenson. 2.00 10/31/2017 SHB Various correspondence with Levenson and Anthony re: proposed order, return of phone, and settlement of lawsuit. Various telephone conferences with Burdelski and Zampini. Discuss case matters with MDC and TAD. 2.50 MDC Miscellaneous conference with SHB re: status of order, resolving case. 0.50 FOR CURRENT SERVICES RENDERED 13.40 2,747.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 1.90 $205.00 $389.50 SHANA H. BRIDGEMAN 11.50 205.00 2,357.50 TOTAL CURRENT WORK 2,747.00 BALANCE DUE $2,747.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 172 of 754 Goren, Cherof, Doody& Ezrol, P.A. -October 2017 Risk Cases Jean-Baptist, Kevens 615.00 Kimsey, Erin (MVA) 0.00 Ford, Sharron(Negligence arrest) 0.00 Laster,Torami(Slip& Fall) 41.00 Mina, German (Slip & Fall) 0.00 Gregory, Mola (Slip & Fall) 3,721.20 Oldham, Dana (fall) 676.50 Robinson, Bennie(False Arrest) 2,830.15 Galindez, Dennis(Slip& Fall) 1,747.90 Caliskan, Hasan(MVA) 9,673.55 Jenkins, Gail & Leon(Demolition) 61.50 Venegas,Jesusa 0.00 Blutcher, Pamela (MVA) 487.50 Goldman, Barry(Bike/grate accident) 5,895.20 Braswell,Jeffrey(Excessive Force) 0.00 Jackson-Evancich, Deborah 0.00 Broberg, Leif Complaint(2015) 20.50 Dunn,Jonathan(arrest w/o probable) 0.00 Wade, George(auto accident) 7,318.55 Caliendo, Giovanni & Emily(Code) 41.00 Coupet, Kenson (Parent of child injured) 0.00 Shevlin, Patrick(false arrest) 99.00 Ryan, Rona Id(whistleblower) 0.00 Readon,Jayden, Estate of(police chase) 181.00 Robling, Aaron(police) 2,029.25 Honacher,Jack(Baker Act-Police) 82.00 Victoria Fire& Casualty(George Wade) 512.50 Clemens,Jennifer(Personal Injury) 123.00 Sobriety Now, Inc. 61.50 Salazar, Gina (MVA) 0.00 Estime,Job (Police-Defamation) 492.00 Floering, David & Barbara 328.00 TOTAL Goren,Cherof Risk Legal Costs 37,037.80 Page 173 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905022 Boynton Beach FL 33425 STATEMENT NO: 17629 Attn: Lynn Swanson adv. Jean-Baptist, Kevens Billing Category 18-RLO Claim#001470-000352-PP-01 HOURS 10/16/2017 TAD Receipt and review of plaintiffs demand letter and attached records. Review incident and IA reports re: information on claim for response to adjuster and City re: claim strategy. 2.40 10/19/2017 TAD Review correspondence re: claim information and damages re: response to demand. 0.60 FOR CURRENT SERVICES RENDERED 3.00 615.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 3.00 $205.00 $615.00 TOTAL CURRENT WORK 615.00 BALANCE DUE $615.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 174 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905056 Boynton Beach FL 33425 STATEMENT NO: 17630 Attn: Lynn Swanson adv. Laster, Torami (slip & fall) Billing Category 18-RLO Claim#001470-000342-GB-01 HOURS 10/16/2017 TAD Telephone conference with adjuster re: claim and status. Review court docket. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 175 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905066 Boynton Beach FL 33425 STATEMENT NO: 17631 Attn: Lynn Swanson adv. Gregory, Mola (slip&fall) Billing Category: 18-RLO Claim#001470-000341-GB-01 HOURS 10/05/2017 TAD Receipt and review of correspondence from plaintiff re: mediation and prepare response to same. 0.20 10/17/2017 TAD Receipt and review of correspondence from plaintiff re: depositions. Prepare correspondence to public works re: representative from the City and receipt of response to same. 0.30 10/20/2017 IR Initial trial preparation, following the trial order and finalized 1st draft of trial order outline, with all deadlines in summary format. 1.10 TAD Receipt and review of correspondence re: mediation and prepare response to same. Telephone conference with City re: mediation and mediator. Receipt of correspondence from plaintiff re: proposed change to mediator and prepare response to same. 0.50 10/23/2017 TAD Prepare correspondence to plaintiff re: motion for summary judgment. Prepare correspondence to city representative re: deposition and information on claim. Receipt of correspondence from City representative re: deposition. 0.50 10/24/2017 IR Initial preparation of trial exhibits, trial witness and trial expert witness disclosures, in compliance with the Court's Trial Order entered on 9.18.17; extensive review of file and discovery records, to list all records in trial disclosures on behalf of the City of Boynton Beach, due October 31, 2017; extensive online searches pertaining to specific trial disclosures of Plaintiffs medical and other providers. 3.40 TAD Prepare correspondence to plaintiff re: mediation and receipt of response to same. Review trial order re: compliance requirements for trial and exhibit/witness lists. Confer with IVR re: disclosures. 0.80 10/25/2017 IR Continued trial preparation, including online searches for medical and other trial witnesses and medical records as trial exhibits and updated Trial Witness Tracking Chart with current information, and prior discovery received, including served subpoenas, to be used at trial; finalized draft of City of Boynton Beach's Witness, Expert Witness and Exhibits lists to file Page 176 of 754 Page: 2 CITY OF BOYNTON BEACH 11/03/2017 ACCOUNT NO: 306-9905066 STATEMENT NO: 17631 adv. Gregory, Mola (slip&fall) HOURS with the court on October 30, 2017, pursuant to the Court's Order Setting Jury Trial, commencing February 5, 2018. 4.20 TAD Revise witness and exhibit list for trial. Confer with IVR re: trial and mediation issues. Prepare correspondence to plaintiff re: Motion for summary judgment and depositions. 0.80 10/26/2017 IR Continued preparation of City of Boynton Beach's Exhibit, Witness and Expert Witness disclosure due, pursuant to the Court's Order Setting Jury Trial and Directing Pretrial and Mediation Procedures, entered on 9.18.17; updated Trial Witness Tracking Chart, with names of anticipated trial witnesses and records custodians to be called at trial [cross-referencing trial disclosure]; online research pertaining to thirty [30] various medical providers, that include physicians and medical facilities. 1.70 10/27/2017 IR Continued trial preparation with revisions to the City of Boynton Beach's Trial Exhibits and Witness Disclosure, due October 30, 2017; conference with TAD to review same; reviewed Plaintiffs deposition transcript dated May 4, 2017 for specific testimony; continuation of online research of Plaintiffs previous and current employer law firms and temporary employment placement agencies; continued updating Trial Witness Tracking Chart, with names and entities from trial witnesses and records custodians disclosures added to the list. 4.80 TAD Receipt and review order setting motion for summary judgment for hearing. Review standing order re: deadlines. 0.30 10/30/2017 IR Revised and finalized Defendant, City of Boynton Beach's Trial Witness and Exhibits Disclosures, due today; reviewed and updated Trial Witness Tracking Chart, to confirm individuals, entities and records custodians are noted on same, for continued discovery and anticipated information to prepare for trial and issue trial subpoenas; reviewed Plaintiffs deposition transcript from May 4, 2017; research service of process registered agent for various law firms, temporary employment agencies and other related entities for records custodian's subpoenas and continued revisions to trial witness and exhibits disclosure. 2.80 10/31/2017 IR Initial draft of Mediation report to Robert R. Zwicky, Esq. for court ordered mandatory mediation to occur prior to January 25, 2018; revised index to Mediation binder from September 11, 2017 [canceled to due Hurricane Irma impact on South Florida]; preparation of Mediation binder, for use on November 8, 2017; continuation of trial preparation. 1.40 TAD Prepare correspondence to plaintiff counsel re: depositions. Receipt of notice of deposition. Prepare correspondence to City representative re: deposition. Review summary judgment testimony re: statement of undisputed facts. 2.80 FOR CURRENT SERVICES RENDERED 25.60 3,696.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 19.40 $125.00 $2,425.00 TRACEY A. DECARLO 6.20 205.00 1,271.00 Page 177 of 754 Page: 3 CITY OF BOYNTON BEACH 11/03/2017 ACCOUNT NO: 306-9905066 STATEMENT NO: 17631 adv. Gregory, Mola (slip&fall) Photocopies 25.20 TOTAL EXPENSES THRU 10/31/2017 25.20 TOTAL CURRENT WORK 3,721.20 BALANCE DUE $3,721.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 178 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905069 Boynton Beach FL 33425 STATEMENT NO: 17632 Attn: Lynn Swanson adv. Oldham, Dana (fall) Billing Category 18-RLO Claim#001470-000346-GB-01 HOURS 10/02/2017 TAD Telephone conference with plaintiff counsel re: settlement offer. Telephone conference with City re: settlement. 0.30 10/04/2017 TAD Receipt and review of correspondence from adjuster re: status and prepare response to same. Telephone conference with plaintiff counsel re: settlement. 0.30 10/18/2017 TAD Telephone conference with Plaintiff counsel re: settlement. Prepare draft settlement agreement. 1.30 10/19/2017 TAD Prepare correspondence to adjuster re: settlement information and receipt of response to same. 0.30 10/23/2017 TAD Receipt and review of correspondence from plaintiff re: information on settlement agreement and funds. Prepare correspondence to adjuster re: information from the Plaintiff and medicare information. Receipt of response to same. Prepare correspondence to Plaintiff re: lien information needed by TPA to complete settlement. 0.80 10/24/2017 TAD Receipt and review of correspondence from Plaintiff re: lien information and prepare correspondence to City re: same. 0.30 FOR CURRENT SERVICES RENDERED 3.30 676.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 3.30 $205.00 $676.50 TOTAL CURRENT WORK 676.50 BALANCE DUE $676.50 Page 179 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905073 Boynton Beach FL 33425 STATEMENT NO: 17633 Attn: Lynn Swanson adv. Robinson, Bennie (false arrest) Billing Category 18-RLO Claim#001470-000336-GB-01 HOURS 10/03/2017 TAD Receipt and review of correspondence from judicial assistant re: statement of material facts. Prepare correspondence to court in response to request. Receipt of correspondence from Harris counsel re: statement of material facts. Receipt of Harris notice of filing exhibits and exhibits. Receipt of Harris motion for summary judgment and supporting memo of law. Receipt of Harris statement of material facts. 2.80 10/12/2017 TAD Receipt and review of plaintiffs response in opposition to Motion for Summary Judgment. Receipt of plaintiff statement of material facts in opposition to City's motion. Receipt of statement of material facts in opposition to Harris motion for summary judgment. 1.70 10/18/2017 TAD Receipt and review of correspondence from Harris counsel re: motion. Prepare correspondence to Harris counsel and Plaintiff re: motion. Receipt of motion for extension of time re: reply. 0.60 10/19/2017 TAD Receipt and review of plaintiffs case law re: opposition to motion for summary judgment. Review additional case law re: reply memorandum. 3.30 10/20/2017 TAD Review case law re: plaintiffs opposition and prepare reply memorandum to plaintiffs memorandum in opposition to City 's motion for summary judgment. 3.40 10/24/2017 TAD Receipt and review of Harris reply memorandum of law re: motion for summary judgment. Review case law re: plaintiffs opposition. 1.30 10/25/2017 TAD Receipt and review of correspondence from adjuster re: status. Review trial order re: information on deadlines for response to same. 0.40 FOR CURRENT SERVICES RENDERED 13.50 2,767.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 13.50 $205.00 $2,767.50 Page 180 of 754 Page: 2 CITY OF BOYNTON BEACH 11/03/2017 ACCOUNT NO: 306-9905073 STATEMENT NO: 17633 adv. Robinson, Bennie (false arrest) Photocopies 62.65 TOTAL EXPENSES THRU 10/31/2017 62.65 TOTAL CURRENT WORK 2,830.15 BALANCE DUE $2,830.15 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 181 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 17634 Attn: Lynn Swanson adv. Galindez, Dennis (slip&fall) Billing Category: 18-RLO Claim#001470-000330-GB-01 HOURS 10/09/2017 IR Retrieved court docket, reviewed status of case with Plaintiffs latest discovery requests and trial deadlines into March 2018; preparation of tickler for same. 0.30 10/11/2017 TAD Receipt and review of documents from city re: response to request for production. Prepare correspondence to city re: questions on documents and receipt of response to same. Revise response to request for production to City. 2.30 10/13/2017 TAD Receipt and review of Wooten's personnel file re: response to request for production. Receipt of Ramsey personnel file re: response to request for production. 3.80 10/16/2017 TAD Complete response to request for production from Plaintiff including revisions to same. 0.80 10/20/2017 IR Re-revised trial order outline with date to date deadlines, in summary format; reviewed discovery responses and Plaintiffs Motion for Interrogatories, in excess of 30; reviewed online court docket, regarding same, Plaintiff set for hearing. 0.80 TAD Receipt and review of plaintiffs motion for leave to propound additional discovery. 0.10 10/23/2017 IR Review of documents that the City of Boynton Beach produced as its Responses to Plaintiffs 8th Request for Production, card key entries at Boynton Beach Police Department#2 station [several years of records produced], as well as employee personnel files of Victor Wooten and Kevin Ramsey, to be added to trial exhibits list, with 3 sets of records for use at trial. 0.90 10/25/2017 TAD Receipt and review of motion to use deposition at trial. 0.20 10/27/2017 TAD Receipt and review of notice of hearing on plaintiffs motions. 0.10 Page 182 of 754 Page: 2 CITY OF BOYNTON BEACH 11/03/2017 ACCOUNT NO: 306-9905083 STATEMENT NO: 17634 adv. Galindez, Dennis (slip&fall) HOURS FOR CURRENT SERVICES RENDERED 9.30 1,746.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 2.00 $125.00 $250.00 TRACEY A. DECARLO 7.30 205.00 1,496.50 Photocopies 1.40 TOTAL EXPENSES THRU 10/31/2017 1.40 TOTAL CURRENT WORK 1,747.90 BALANCE DUE $1,747.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 183 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905092 Boynton Beach FL 33425 STATEMENT NO: 17635 Attn: Lynn Swanson adv. Caliskan, Hasan (MVA) Billing Category: 18-RLO Claim#001470-000354-AB-02 HOURS 10/02/2017 TAD Prepare notice of deposition of Offlease. Telephone conference with City re: offer and shade meeting. Receipt of correspondence from plaintiff re: depositions. Receipt of order resetting trial. 1.30 10/03/2017 IR Receipt and review of emails regarding additional depositions to be taken; update of Trial Witness Tracking chart pertaining to same. 0.40 TAD Receipt and review of motion to strike and notice of hearing on same. 0.30 10/04/2017 TAD Prepare correspondence to City re: Dr Chang deposition. Receipt of correspondence from Chang re: issues with deposition. Prepare notice of deposition of Chang and subpoena. 0.60 10/05/2017 IR Preparation for and meeting with Trial Graphix this date; ran through surveillance videos to confirm dates/times of information the City may want to utilize for trial; initial reparation of memoranda regarding specific issues for trial boards, to be utilized as demonstrative for the jury. 2.10 TAD Extended telephone conference with expert. Revise pre-trial report to include additional information on offers and expert opinions. 1.60 10/06/2017 IR Receipt and review of deposition notice of Dr. Steven Chang [chiropractor], set for October 25, 2017 and initial review of his medical records of Plaintiff, to create deposition file folder; continuation of preparation memoranda to be turned into trial boards to be demonstrative evidence at trial; updated memoranda with 'Testimony and Other Contradictions by Plaintifr from various sources of discovery, including surveillance of Plaintiff, with date and time stamps; telephone conference with AT&T Mobility LLC/National Compliance Center for an update to the City's subpoena for records, past due from September 15, 2017 and advised records will be received by the end of next week, October 13, 2017; preparation of tickler regarding same. 5.40 10/09/2017 IR Reviewed list of witnesses and prepared emails to law enforcement officers [witnesses for the City of Boynton Beach]; finalized updates to "List of Plaintiffs Contradictions" utilizing JUne 16, 2016 Plaintiff deposition, Dr. Zeide's and other medical professional information [per information Page 184 of 754 Page: 2 CITY OF BOYNTON BEACH 11/03/2017 ACCOUNT NO: 306-9905092 STATEMENT NO: 17635 adv. Caliskan, Hasan (MVA) HOURS provided by the Plaintiff] and details from two days of surveillance reports; preparation of emails and ticklers regarding status of trial witnesses and trial exhibits as records for the period commencing November 13, 2017 through December 22, 2017; reviewed trial order for details relevant to the Pretrial Stipulation and preparation of email to TAD regarding same and conversation with TAD regarding same; preparation of emails to opposing counsel's office regarding City of Boynton Beach's trial witnesses and preparation of ticklers to hear back from law enforcement regarding their respective depositions, in advance of trial and conferences with our Team, for preparation for same. 4.30 10/10/2017 IR Continuation with trial preparation; review online docket and information relevant to e-calendar call, due to the court today, in advance of Friday's calendar call; conference with TAD regarding contact of deposition and trial witnesses. 0.80 TAD Prepare correspondence to Chang re: depositions and receipt of response to same. Confer with IVR re: trial preparation issues. Receipt of correspondence from Plaintiff re: trial motions. 0.60 10/11/2017 IR Telephone call to Palm Beach County Sheriffs Office Court Liaison regarding service for law enforcement personnel depositions and details pertaining to same; conference with TAD; emails to and from opposing counsel's office regarding trial witnesses; updates to Trial Witness Tracking Chart; 2.40 TAD Telephone conference with Plaintiff counsel re: depositions and trial. Prepare correspondence to adjuster re: pre-trial report. Confer with JAC re: trial issues and meeting. 0.80 10/12/2017 TAD Receipt and review of correspondence from City re: depositions and information on incident and prepare response to same. 0.30 10/17/2017 IR Continuation with trial preparation; preparation of numerous emails to trial witnesses and opposing counsel; conferences with TAD via email pertaining to same; conferences to secure City of Boynton Beach's witnesses, including law enforcement for testimony prior to trial period commencing November 13, 2017; Officer Roedel deposition organized and pre-deposition organized; updated trial witness tracking chart; prepared text to Officer Gorfido to provide same information, prior to subpoena for trial and pre-testimony conference with TAD; telephone conference with Daniel at AT&T Mobility LLC National Compliance Center, regarding status of 9.1.14 through 9.30.14 records that were subpoenaed and due on September 15, 2017; preparation of memoranda to TAD regarding same and preparation of tickler to follow up, again, in 1 week; telephone conference with Attorney Lawlor, regarding his cancellation of Plaintiffs motion to strike Curriculum Vitae of Dr. Zeide and conference with TAD regarding same. 3.70 TAD Receipt and review of correspondence re: hearing and prepare response to same. Prepare correspondence to plaintiff re: depositions and receipt of response to same. 0.20 10/18/2017 IR Continuation of trial preparation; revisions made to City of Boynton Beach's trial order outline of discovery and other trial disclosure due dates, for trial Page 185 of 754 Page: 3 CITY OF BOYNTON BEACH 11/03/2017 ACCOUNT NO: 306-9905092 STATEMENT NO: 17635 adv. Caliskan, Hasan (MVA) HOURS during the period commencing November 13, 2017 through December 22, 2017; email received from Dr. Zeide's office regarding deposition and discussed with team; responded to Dr. Zeide's office regarding subpoena for deposition to ensure compliance regarding same; telephone conferences and multiple emails to and from opposing counsel's office regarding finalization of discovery, and last four depositions to be taken, in advance of trial, which include law enforcement, records custodians at the City of Boynton Beach and insurance representative who handled issue of damaged police car, the subject of this litigation; contact with individuals on Plaintiffs trial witness disclosure; continued preparation of memoranda and emails regarding updates of same. 3.80 TAD Attend meeting with Roedel re: pre-deposition issues. Receipt of notice of deposition of Dr. Zeide. 1.90 10/19/2017 IR Continuation with trial preparation; prepared several emails and text messages to trial witnesses regarding their requested testimony and conferences pre-testimony preparation for same; emails received and responded to opposing counsel, continuing with discovery preparation, in advance of trial; online docket search for Joint Pretrial Stipulation and prepared email regarding same. 3.80 10/20/2017 IR Continued trial preparation; telephone conferences and emails with administrative assistant at OffLeaseOnly.com. net, pertaining to the City of Boynton Beach's deposition on Monday, October 23, 2017; preparation of package and sent to OffLeaseOnly.net that contained the prior Certificate of Non-Appearance at Deposition, the most current deposition re-notice and prepared deposition file folder for TAD, for same with the OffLeaseOnly.net records previously disclosed; re-revised trial order outline,with all deadlines in summary format. 2.40 TAD Receipt and review of records from Offlease and prepare outline for deposition of representative. Receipt of correspondence from plaintiff re: hearings and prepare response to same. Prepare correspondence to plaintiff re: information on depositions of city representatives. Prepare revisions to proposed jury instructions. 1.80 10/23/2017 IR Receipt and review of Plaintiffs latest deposition notices, for several trial witness depositions, at the end of October and into November 2017; 0.50 TAD Attend deposition of offlease representative. Confer with plaintiff re: trial issues. Receipt of correspondence re: DSR report from excess and adjuster. Receipt of Notice of Hearing on Plaintiffs motions. Prepare correspondence to City re: depositions. 4.30 10/24/2017 TAD Receipt and review of correspondence re: claims and prepare correspondence to City re: same. Receipt of request for records and prepare correspondence re: response to same. 0.50 10/25/2017 IR Retrieved and reviewed online court docket regarding the Joint Pretrial Stipulation, to have been filed by Plaintiff on or before October 7, 2017 and initial preparation for calendar call [live hearing] before Judge Edward Artau, on October 27, 2017. 0.70 TAD Receipt and review of return of service on subpoena. Receipt of request for records. Prepare notice of compliance with request for copies/. Receipt of Page 186 of 754 Page: 4 CITY OF BOYNTON BEACH 11/03/2017 ACCOUNT NO: 306-9905092 STATEMENT NO: 17635 adv. Caliskan, Hasan (MVA) HOURS correspondence from plaintiff re: trial issues. Review AT&T records with IVR re: trial exhibits. 1.30 10/26/2017 IR Review online court docket, to ascertain if Plaintiff filed Joint Pretrial Stipulation with the Court, in advance of Calendar Call scheduled for this Friday at 9:OOa.m., before Judge Edward L. Artau; reviewed case emails, if Plaintiffs counsel ever sent a draft of the Joint Pretrial Stipulation, prepared memoranda regarding same; continuation with trial preparation and update to Trial Witness Tracking Log, to confirm each trial witness folder has the records that will cross-reference with that particular individual's expected trial testimony; meeting with TAD regarding trial preparation and list of current outstanding projects, as of today, in advance of trial; receipt, review and responded to numerous emails from opposing counsel's paralegal regarding discovery; telephone conferences with AT&T legal compliance regarding subpoenaed records; receipt and detailed review of AT&T cellular records from Hasan Caliskan from September 2014. 3.20 TAD Attend deposition of Roedel. Confer with Plaintiff re: trial issues. Prepare correspondence to officer re: depositions and receipt of response to same. 4.80 10/27/2017 IR Conference with TAD regarding today's calendar call before Judge Artau, to advise of the trial line-up and status of Plaintiffs Request for Copies; preparation of email to opposing counsel regarding law enforcement personnel deposition and service of process regarding same. 1.10 TAD Attend calendar call. Prepare correspondence to plaintiff counsel re: trial setting. 4.60 10/30/2017 IR Receipt, reviewed and responded to emails from opposing counsel's paralegal regarding law enforcement depositions and service of process through Palm Beach Sheriffs Office; reviewed revised trial dates, resulting from Calendar Call [hearing] on October 27, 2017; reviewed City of Boynton Beach's trial witness list, for any additional depositions to be taken, prior to late November, December 2017 trial dates. 0.80 TAD Prepare notice of conflict re: trial setting. 0.20 FOR CURRENT SERVICES RENDERED 60.50 9,570.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 35.40 $125.00 $4,425.00 TRACEY A. DECARLO 25.10 205.00 5,145.50 Photocopies 99.05 TOTAL EXPENSES THRU 10/31/2017 99.05 10/02/2017 Parking -TAD 4.00 Parking - 4.00 Page 187 of 754 Page: 5 CITY OF BOYNTON BEACH 11/03/2017 ACCOUNT NO: 306-9905092 STATEMENT NO: 17635 adv. Caliskan, Hasan (MVA) TOTAL ADVANCES THRU 10/31/2017 4.00 TOTAL CURRENT WORK 9,673.55 BALANCE DUE $9,673.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 188 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905093 Boynton Beach FL 33425 STATEMENT NO: 17636 Attn: Lynn Swanson adv. Jenkins, Gail and Leon (Demolition) Billing Code: 18-RLO Claim#001470-000382-GD-01 HOURS 10/03/2017 TAD Receipt and review of correspondence from adjuster re: status and prepare response to same. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 189 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905102 Boynton Beach FL 33425 STATEMENT NO: 17637 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category- 18RLO Claim#001470-000369-AB-01 HOURS 10/10/2017 IR Receipt and reviewed 3 DVDs from Quest Document Management Services, pursuant to City of Boynton Beach's subpoena for records; telephone conference with Quest Document Management for passwords to 3 DVDs and initial review of over 902 pages of records, from 3 separate dates of loss claimed by the Plaintiff[February 1, 2016, February 26, 2015 and December 2, 2014]; prepared and updated tracking for use at trial as exhibits. 2.20 10/20/2017 IR Conferences with Clerk, regarding Compliance with Plaintiffs Request for Copies of records received following the City of Boynton Beach's Notice of Production of Non-Parties and accompanying twenty-seven [27] subpoenas of same; initial draft of an invoice for duplication of records, in an effort to be responsive and compliant to Plaintiffs discovery requests from the City. 1.70 FOR CURRENT SERVICES RENDERED 3.90 487.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 3.90 $125.00 $487.50 TOTAL CURRENT WORK 487.50 BALANCE DUE $487.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 190 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905111 Boynton Beach FL 33425 STATEMENT NO: 17638 Attn: Lynn Swanson adv. Goldman, Barry (bike/grate accident) Billing Category: 18-RLO Claim#001470-000373-GB-01 HOURS 10/02/2017 IR Conference with TAD regarding Plaintiffs deposition of his new expert witness and the outcome of the hearing on the City's Motion to Strike same; receipt and review of Plaintiffs new Expert Witness Disclosure, listing Alexander Barr, Plaintiffs new expert witness; 0.30 TAD Receipt and review of order on motion to strike. Receipt of plaintiff supplemental expert list. Attend hearing on motion to strike. Confer with Plaintiff re: trial witnesses. 4.70 10/06/2017 IR Retrieved Judge Rowe's online court docket and conference with TAD and litigation team regarding trial set for the week of October 16, 2017, as number 8 of 8 listed trials for the period commencing October 16, 2017 through December 8, 2017; conference regarding deposition of Alexander Barr, scheduled for Monday, October 9, 2017 and possibility of conflicts with this law firm and attorneys; preparation of tickler to follow up with status of potentially drafting M/Strike the use of 2 experts, testifying to the same issues & possibly 'correcting' prior expert testimony [unfair advantage & if permitted, potential prejudice against the City of Boynton Beach, if two experts are permitted to testify in jury trial, on same exact issues. 1.10 TAD Review information on Barr. Review testimony of Correa and prepare outline and exhibits for deposition of Barr. Prepare correspondence to City re: trial setting. Prepare correspondence to trial witnesses re: trial setting. Receipt of correspondence re: deposition of Barr. Review case law re: use of multiple experts for trial 6.10 10/09/2017 IR Conference with TAD post-deposition of Alexander Barr; preparation of tickler to list as City of Boynton Beach's trial witness and to receive his deposition transcript from this date. 0.60 TAD Attend deposition of Barr. Confer with IVR re: trial witness issues. 3.80 10/10/2017 IR Receipt and review of email regarding trial line-up as of today, per phone conference with paralegal in medical malpractice matter; retrieved Judge Rowe's online trial calendar and compared to my tracking list of trials, where Goldman was listed at#8 of 8 trials, commencing the week of October 16, 2017; prepared response email regarding same and tickler for Page 191 of 754 Page: 2 CITY OF BOYNTON BEACH 11/03/2017 ACCOUNT NO: 306-9905111 STATEMENT NO: 17638 adv. Goldman, Barry (bike/grate accident) HOURS follow up by Thursday afternoon, as there are 3 or 4 trials in advance of ours. 0.70 10/12/2017 IR Retrieved Judge Rowe's online trial calendar, listing five [5] cases set for the October 16, 2017 trial calendar, with 2 of those cases supposedly settled, and down from the 8 listed trials on the court's online trial calendar posted on October 6, 2017; researched other trials listed and contacted the respective law firms, to ascertain if they anticipate trial next week; prepared tickler to follow up with 2 other trials on October 13, 2017 regarding same. 1.20 10/16/2017 TAD Prepare correspondence to city re: trial setting and prepare correspondence to witnesses re: trial setting. 0.40 10/17/2017 IR Receipt, review and contact TAD regarding Plaintiffs Response to City of Boynton Beach's Request for Judicial Notice at Trial and prepared same for hearing on October 18, 2017; online review of Judge Rowe's weekly trial calendar, to ensure this matter is not called for trial this week and preparation of tickler to follow up again on Friday. 0.50 TAD Receipt and review of plaintiffs response in opposition to motion and case law re: same. Review deposition testimony of plaintiffs expert and case law and prepare for hearing on request for judicial notice at trial. 2.30 10/18/2017 TAD Attend hearing on City's Request for Judicial Notice at trial. Prepare order on motion. Confer with plaintiff counsel re: trial issues. 4.80 10/20/2017 IR Receipt and review of new Order Re-Setting Case for Jury Trial, entered by Judge Rowe this date; revised City of Boynton Beach's trial order outline, with revised disclosure deadlines dates and sent to litigation team; followed up with tickler pertaining to Alexander Barr, Plaintiffs newly disclosed expert witness and prepared trial witness files and accompanying records for use at trial. 1.40 TAD Receipt and review of order resetting trial. Prepare correspondence to city re: same. 0.30 10/24/2017 IR Conference with litigation team regarding new trial cut-off dates, pursuant to the Court's October 20, 2017 Order Re-Setting Trial; prepared new tickler deadline dates; 0.80 FOR CURRENT SERVICES RENDERED 29.00 5,417.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 6.60 $125.00 $825.00 TRACEY A. DECARLO 22.40 205.00 4,592.00 Photocopies 102.20 TOTAL EXPENSES THRU 10/31/2017 102.20 Page 192 of 754 Page: 3 CITY OF BOYNTON BEACH 11/03/2017 ACCOUNT NO: 306-9905111 STATEMENT NO: 17638 adv. Goldman, Barry (bike/grate accident) 10/10/2017 United Reporting, Inc. - Invoice 211355 376.00 376.00 TOTAL ADVANCES THRU 10/31/2017 376.00 TOTAL CURRENT WORK 5,895.20 BALANCE DUE $5,895.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 193 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905124 Boynton Beach FL 33425 STATEMENT NO: 17639 Attn: Lynn Swanson Broberg, Leif Complaint (2015) Billing Category: 18-RLO Claim#001470-000390-EP-01 HOURS 10/02/2017 TAD Receipt and review of correspondence from plaintiff re: deposition of Chief. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 194 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905132 Boynton Beach FL 33425 STATEMENT NO: 17640 Attn: Lynn Swanson adv. Wade, George (auto accident) Billing Category: 18-RLO Claim#001470-000380-AB-01 HOURS 10/02/2017 TAD Prepare correspondence to plaintiff counsel re: Chang's depositions an. Receipt of correspondence from Chang re: deposition. Prepare correspondence to city re: depositions. Receipt of correspondence from Dr. Rousch re: depositions and prepare notice of deposition and subpoena. 1.50 10/03/2017 IR Received email from TAD regarding trial preparation and deadlines pertaining to same; initial preparation of City of Boynton Beach's Motion to Continue Trial from 10.23.17 to 12.15.17. 1.10 TAD Prepare pre-trial report and revise budget for claim. 1.80 10/04/2017 TAD Extended telephone conference with Plaintiff counsel re: trial issues. Revise motion to continue. Prepare notice of hearing re: same. Prepare correspondence to court re: hearing. 0.80 IR Receipt and review of directive to prepare motion to continue trial; detailed review of the Court's August 7, 2017 trial order and initial preparation of said continuance motion and conference with TAD regarding same; updated trial witness tracking chart; 1.30 10/05/2017 IR Update to Trial Witness Log, utilizing information from the Jointly filed Pretrial Stipulation, entered on the docket September 29, 2017 [to confirm trial witnesses and add additional, potential witnesses not already disclosed by PlaintiffJ; reviewed finalized Motion to Continue, filed by the City of Boynton Beach this date and reviewed court docket for hearing date [prepared list of outstanding depositions, still needed; Online research on Plaintiff. 1.90 TAD Receipt and review of correspondence from court re: calendar call. Review information on court website re: same. 0.20 10/09/2017 IR Receipt and review of e-calendar call reminder from the courts, regarding form to be completed with trial conflict dates; check deadlines for trial period cut-off information [ie. pretrial conference to be held by today, although court's technically closed for Columbus Day holiday]. 0.80 Page 195 of 754 Page: 2 CITY OF BOYNTON BEACH 11/03/2017 ACCOUNT NO: 306-9905132 STATEMENT NO: 17640 adv. Wade, George (auto accident) HOURS 10/10/2017 IR Review of memoranda for Dr. Kabinofrs deposition, currently scheduled for October 17, 2017; initial preparation of binder for use at said deposition,which include various forms of Plaintiffs medical records, from 2003 through 2016, to cross-reference medical information previously noted, for use at Dr. Kabinoffs deposition [voluminous amount of records noted]. 1.60 TAD Receipt and review of correspondence from plaintiff re: deposition of Friedman. Prepare correspondence to Friedman re: deposition. Receipt of response to same. 0.40 10/11/2017 IR Continued to prepare for Gary S. Kabinoff, M.D. deposition on October 17, 2017, pertaining to Plaintiffs voluminous medical records, from the Plaintiffs initial appointments with Dr. Kabinoff that commenced in 2003 up through 2016, when the City received said medical records, pursuant to its subpoena duces tecum; conference with TAD regarding the City of Boynton Beach's Motion to Continue Trial, from the October 23, 2017 - December 15, 2017 docket; receipt and review order on the City's motion and hearing today; conference with TAD regarding certain issues, medical and otherwise, reflected through notes from Plaintiffs medical providers and discussion to research bi-polar disorder, including medications to treat the disorder. 4.30 TAD Attend hearing on motion to continue trail. Prepare order on motion. Prepare notice of filing returns of service. Prepare correspondence to plaintiff re: renotice of deposition. Prepare revised subpoena and notice for depositions. Prepare correspondence to City re: trial. 4.80 10/12/2017 IR Continuation of review and organization of Gary S. Kabinoff, M.D. medical records of Plaintiff, commencing October 2003 through current, multiple pages to organize and follow from prior email for Dr. Kabinoff testimony; update to trial witness tracking chart of updated depositions and status of same; continued preparation of voluminous amount of discovery. 2.40 10/13/2017 IR Finalized deposition notebook for Gary S. Kabinoff, M.D., cross-referenced medical records, with court docket records [in other litigation]; online docket searches and review of 42 cases, both civil, criminal and traffic in Palm Beach County, FL. 6.80 TAD Prepare correspondence to Dr Friedman re: deposition issues and receipt of response to same, Prepare renotice of deposition. Prepare correspondence to plaintiff re: deposition changes and trial issues. 0.60 10/16/2017 TAD Review records from Dr. Kabinoff and plaintiffs deposition and prepare for deposition. Review Plaintiff discovery responses re: motions. 3.30 10/17/2017 IR Preparation of bipolar disorder research, including status of Plaintiffs claimed disorders pertaining to same, cross-referenced with medications and dates seen by Dr. Kabinoff and dates Plaintiff called Dr. Kabinoff for medications; updated trial witness tracking chart pertaining to format, including suggested new medical witnesses and pharmaceutical potential witnesses and subpoenas to pharmacies utilized by Plaintiff. 2.80 TAD Attend deposition of Dr. Kabinoff. Confer with plaintiff counsel re: trial issues. 6.30 Page 196 of 754 Page: 3 CITY OF BOYNTON BEACH 11/03/2017 ACCOUNT NO: 306-9905132 STATEMENT NO: 17640 adv. Wade, George (auto accident) HOURS 10/19/2017 IR Online research to confirm case not on the October 23, 2017 - December 15, 2017 trial docket [with new trial period commencing, in Judge French's division through December 15, 2017]; prepared tickler for two week follow up to check court trial calendar and to retrieve docket; receipt, reviewed and updated Trial Witness Tracking Chart with Return of Service date and other details from process server for 12.20.17. physician's deposition. 0.30 10/20/2017 IR Reviewed Judge French's trial docket, as follow up from yesterday's online trail calendar search, to ensure this matter is not on Monday, October 23, 2017 trial docket. 0.20 10/24/2017 IR Conference with TAD regarding Dr. Kabinoff deposition from October 27, 2017 and deposition exhibits; review online court docket, to check if the trial had been rescheduled from Judge French's October- December 2017 trial calendar. 0.60 10/25/2017 IR Review online court docket, Judge French's trial calendar, if case was put back on to trial docket. 0.40 10/30/2017 IR Reviewed City of Boynton Beach's Notice of Productoin from Non-Parties/ Subpoenas addressed to AT&T, Scott Berger, MD, Palm Beach Gardens Medical Center, Louis J. Raso, MD; updated Trial Witness Tracking Chart, regarding status of subpoenaed records and to follow-up with appropriate entities that did not provide documents; conference with office clerk regarding AT&T Legal Compliance center, to confirm status of our subpoenaed records. 0.70 FOR CURRENT SERVICES RENDERED 44.90 7,188.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 25.20 $125.00 $3,150.00 TRACEY A. DECARLO 19.70 205.00 4,038.50 Photocopies 127.05 TOTAL EXPENSES THRU 10/31/2017 127.05 10/11/2017 Parking -TAD 3.00 Parking - 3.00 TOTAL ADVANCES THRU 10/31/2017 3.00 TOTAL CURRENT WORK 7,318.55 BALANCE DUE $7,318.55 Page 197 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905171 Boynton Beach FL 33425 STATEMENT NO: 17641 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim#001470-000400-PI-01 HOURS 10/26/2017 TAD Receipt and review of correspondence from adjuster re: claim status and prepare response to same. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 198 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905186 Boynton Beach FL 33425 STATEMENT NO: 17642 Attn: Lynn Swanson adv. Shevlin, Patrick (false arrest) Billing Category: 18-RLO Claim#001470-000395-PP-01 HOURS 10/04/2017 TAD Receipt and review of notice to set case for trial and correspondence to court re: same. 0.30 10/09/2017 IR Online docket search, following review of tickler regarding Plaintiffs Notice to Set Cause for Jury Trial, docketed on 9.15.17 [not yet set on the Court's trial calendar] and preparation of tickler to follow up on October 20, 2017 for status check, if no trial order is received prior. 0.30 FOR CURRENT SERVICES RENDERED 0.60 99.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.30 $125.00 $37.50 TRACEY A. DECARLO 0.30 205.00 61.50 TOTAL CURRENT WORK 99.00 BALANCE DUE $99.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 199 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905190 Boynton Beach FL 33425 STATEMENT NO: 17643 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 10/05/2017 TAD Receipt and review of claim letter from new counsel and prepare letter to adjuster re: same. 0.30 10/06/2017 TAD Review information on status of criminal suit. Receipt of correspondence from adjuster re: status and strategies. 0.40 10/09/2017 IR Receipt and review of new City of Boynton Beach/City of Boynton Beach Police Department matter of claim filed by the Estate of a minor child [then charged with multiple felonies, including vehicular homicide, along with other felonies]; preparation of tickler for 60 days activity check. 0.30 FOR CURRENT SERVICES RENDERED 1.00 181.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.30 $125.00 $37.50 TRACEY A. DECARLO 0.70 205.00 143.50 TOTAL CURRENT WORK 181.00 BALANCE DUE $181.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 200 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905199 Boynton Beach FL 33425 STATEMENT NO: 17644 Attn: Lynn Swanson adv. Robling, Aaron (Police) Billing Category: 18- RLO Claim#001470-000403-PP-01 HOURS 10/04/2017 TAD Receipt and review of correspondence from plaintiff re: city's motion to dismiss. Prepare response to same. 0.20 10/05/2017 TAD Receipt and review of notice of hearing. Receipt of correspondence to court re: hearing. Receipt of CAD report and correct incident report. Receipt of pictures and 911 calls. Receipt of radio traffic recording. 1.40 10/10/2017 TAD Receipt and review correspondence from Palm Beach re: hearing. Receipt of Palm Beach Motion to Dismiss. Receipt of notice of appearance. Prepare correspondence to Palm Beach re: motions. 1.10 10/19/2017 TAD Prepare correspondence to plaintiff counsel re: response to discovery and receipt of response to same. Prepare information from City for production. 0.60 10/23/2017 TAD Receipt and review of correspondence from City re: interrogatory answers. Review answers and prepare for filing. 0.40 10/30/2017 TAD Receipt of plaintiffs response to City's Motion to Dismiss. Receipt of plaintiffs response to School Boards Motion to Dismiss. Review case law cited by Plaintiff in opposition to motion. Receipt of correspondence from plaintiff re: motion to dismiss. Prepare proposed order on motion to dismiss. 3.20 10/31/2017 TAD Review motion and case law and prepare for hearing on city's motion to dismiss. 2.70 FOR CURRENT SERVICES RENDERED 9.60 1,968.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 9.60 $205.00 $1,968.00 Page 201 of 754 Page: 2 CITY OF BOYNTON BEACH 11/03/2017 ACCOUNT NO: 306-9905199 STATEMENT NO: 17644 adv. Robling, Aaron (Police) Photocopies 61.25 TOTAL EXPENSES THRU 10/31/2017 61.25 TOTAL CURRENT WORK 2,029.25 BALANCE DUE $2,029.25 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 202 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905215 Boynton Beach FL 33425 STATEMENT NO: 17645 Attn: Lynn Swanson adv. Honacher, Jack (Baker Act- Police) Billing Category: 18- RLO HOURS 10/24/2017 TAD Receipt and review of correspondence re: records request. Receipt of documents provided. Prepare correspondence to City re: records request. Receipt of correspondence from City re: information on records request. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 203 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905224 Boynton Beach FL 33425 STATEMENT NO: 17646 Attn: Lynn Swanson adv. Sobriety Now, Inc. Billing Category: 18- RLO Claim#001470-000414-EP-01 HOURS 10/19/2017 TAD Receipt and review of order from Court re: dismissal and prepare correspondence to the City re: same. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 204 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905237 Boynton Beach FL 33425 STATEMENT NO: 17647 Attn: Lynn Swanson adv. Clemens, Jennifer ( Personal Injury) Billing Category: 18- RLO Claim#001470-000417-GB-01 HOURS 10/04/2017 TAD Receipt and review pf FPL supplemental response to request for production. Receipt of City's supplemental response to request for production. 0.30 10/06/2017 TAD Receipt and review of correspondence from adjuster re: status and prepare response to same. 0.30 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 205 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905243 Boynton Beach FL 33425 STATEMENT NO: 17648 Attn: Lynn Swanson adv. Victoria Fire & Casualty (a/s/o George Wade) Billing Category: 18-RLO Claim#001470-000380-AB-01 HOURS 10/02/2017 FLN Discussed with Tracey DeCarlo; Research re: to consolidation, including case law, relevant administrative order. 1.20 TAD Receipt and review of order re: lack of prosecution. Confer with FLN re: consolidation. 0.30 10/05/2017 FLN Research re: collateral source and impact on consolidation of two cases. 1.00 FOR CURRENT SERVICES RENDERED 2.50 512.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 FARAH L. NERETTE 2.20 205.00 451.00 TOTAL CURRENT WORK 512.50 BALANCE DUE $512.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 206 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905281 Boynton Beach FL 33425 STATEMENT NO: 17649 Attn: Lynn Swanson Estime, Job (Police-Defamation Claim) Billing Category: 18- RLO Claim#001470-000428-PP-01 HOURS 10/06/2017 TAD Prepare correspondence to plaintiff counsel re: settlement and release. Draft settlement agreement and release. Prepare correspondence to City re: settlement. Receipt of correspondence from adjuster re: settlement. 1.90 10/13/2017 TAD Receipt and review of executed release. Prepare correspondence to City re: same. 0.30 10/23/2017 TAD Prepare correspondence to Plaintiff re: settlement proceeds. 0.20 FOR CURRENT SERVICES RENDERED 2.40 492.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 2.40 $205.00 $492.00 TOTAL CURRENT WORK 492.00 BALANCE DUE $492.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 207 of 754 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/03/2017 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905288 Boynton Beach FL 33425 STATEMENT NO: 17650 Attn: Lynn Swanson adv. Floering, David & Barbara Billing Category: 18 RLO Claim#001470-000422-AB-04 HOURS 10/27/2017 TAD Receipt and review of complaint and review docket. Prepare motion to dismiss or stay 1.30 10/30/2017 TAD Telephone call to City re: information from Plaintiff. Receipt of correspondence from plaintiff re: claim letter. 0.30 FOR CURRENT SERVICES RENDERED 1.60 328.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.60 $205.00 $328.00 TOTAL CURRENT WORK 328.00 BALANCE DUE $328.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 208 of 754 Risk-Outside Counsel Robert C Okon, P.A. Harris v City, Martinez 0.00 Lewis, Stroud & Deutsch, PL Hill v City 0.00 Harris v City 0.00 0.00 Roberts, Reynolds, Bedard &Tuzzio, PLLC-Oct 2017 Yesnick v City 0.00 Braswell v City 0.00 Boynton Old School v City 359.70 Andrews v Haugh 3,402.20 Hill v City 0.00 Kimsey v City& Brooks 0.00 Harris v City 0.00 Broberg v City 4,605.50 8,367.40 TOTAL Sept& Oct 2017 Outside Counsel - Risk 8,367.40 Page 209 of 754 ROBERTS., REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm each, Florida 33409 Telephone(561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach November 10, 2017 Attn: claims@bbfl.us Bill No. 39204 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Andrews v. Haugh et al. 12152 Claim# N/A BILL FOR FEES AND COSTS THROUGH 10/31/17 PROFESSIONAL SERVICES Date Services Attorney Hours 10/02/17 Appear For/Attend at Plaintiffs Motion to Compel Production AMP 2.00 and Interrogatory Answers and for the Court to Overrule Defendant's Discovery Objections. 10/02/17 Draft/Revise summary of hearing on Plaintiffs Motion to AMP 0.80 Compel Production and Interrogatory Answers and for the Court to Overrule Defendants Discovery Objections. 10103/17 Receipt and review of Plaintiffs Supplemental Response to DPC; 0.70 Request to Produce. 10/03/17 Preparation of Notice of Conflict for Trial. DPC 0.10 10/03/17 Draft/Revise additional correspondence to Kevin Anderson, AMP 0.20 Esq. re: updated depositions of all three Plaintiffs. 10/09/17 Review/Analyze Plaintiffs proposed Order with corrections on AMP 0.20 Plaintiffs Motion to Compel Better Responses to Interrogatories and Request to Produce. 10/09/17 DraftlRevise correspondence to Kevin Anderson, Esq. re: Order AMP 0.20 on Motions to Compel. 10/10/17 Draft/Revise correspondence to Erica Chaplin, Esq. re: updated AMP 0.20 depositions of Plaintiffs. 10/10/17 Review/Analyze of file to determine number of depositions and KLR 0.50 possible future discovery in support of budget to go with case evaluation. 10/11/17 Appear ForlAttend Court Ordered meeting with Kevin AMP 1.60 Anderson, Esq. to further narrow and define discovery requests per hearing on Plaintiffs Motion to Compel Better Answers to Interrogatories and Request to Produce. 10/11/17 Draft/Revise correspondence to and from Julie Oldbury re: AMP 0.30 documents in response to Plaintiffs Request to Produce. Page 210 of 754 Client: City of Boynton Beach November 10, 2017 Matter: 12152 -Andrews v. Haugh et al. Page PROFESSIONAL SERVICES Date Services r 10/11/17 Review/Analyze correspondence from Erica Chaplin, Esq. re: AMP 0.10 updated depositions of Plaintiffs. 10/12/17 Review/Analyze correspondence from client re: disciplinary AMP 0.10 records. 10/13/17 Draft/Revise Updated Response to Plaintiffs Interrogatories AMP 1.60 propounded on Connor Haugh pursuant to Court Order. 10/13/17 Draft/Revise Updated Response to Plaintiffs Request to AMP 0.50 Produce propounded on Connor Haugh pursuant to Court Order. 10/13/17 Draft/Revise Updated Response to Plaintiffs Interrogatories AMP 1.20 propounded on Vincent Haugh pursuant to Court Order. 10/13/17 Draft/Revise Updated Response to Plaintiffs Request to AMP 0.50 Produce propounded on Vincent Haugh pursuant to Court Order. 10/13/17 DraftlRevise Updated Response to Plaintiffs Interrogatories AMP 1.20 propounded on James Cooney pursuant to Court Order. 10/13/17 Draft/Revise Updated response to Plaintiffs Request to AMP 0.50 Produce propounded on James Cooney pursuant to Court Order. 10/16/17 Communicate/Other External teleconference with Court AMP 0.20 Reporter confirming that the deposition of Connor Haugh was indeed taken despite opposing counsel's vehement denial and obtaining information regarding ordering same. 10/17/17 Draft/Revise correspondence to James Cooney re: Defendant's AMP 0.20 Answers to Plaintiffs Updated Interrogatories. 10/17/17 Draft/Revise correspondence to Connor Haugh re: Defendant's AMP 0.20 Answers to Plaintiffs Updated Interrogatories. 10/17/17 DraftlRevise correspondence to Victor Haugh re: Defendant's AMP 0.20 Answers to Plaintiffs Updated Interrogatories. 10/18/17 Communicate/Other External telephone conference with AMP 0.20 Deputy Vincent Haugh regarding latest response to Interrogatories and Request to Produce to have both jurat pages signed an notarized prior to October 23, 2017. 10/18/17 Communicate/Other External telephone conference with AMP 0.30 Deputy Connor Haugh regarding latest response to Interrogatories and Request to Produce to have both jurat pages signed an notarized prior to October 23, 2017. 10/19/17 Communicate/With Client telephone conference with Officer AMP 0.20 Cooney re: confirming Answers to Interrogatories and sending us notarized jurat. 10/19/17 Draft/Revise correspondence to Officer Cooney regarding AMP 0.20 Defendant's Responses to Plaintiffs First Set of Interrogatories. 10/19/17 Draft/Revise correspondence to Erica Chaplin, Esq. re: updated AMP 0.20 depositions of Plaintiffs. Page 211 of 754 Client: City of Boynton Beach November 10, 2017 Matter: 12152-Andrews v. Haugh et al. Page 3 PROFESSIONAL SERVICES Date Services r 10/23/17 Draft/Revise final draft of Updated Response to Plaintiffs AMP 0.70 Interrogatories propounded to Connor Haugh pursuant to Court Order with attachments provided by Boynton Beach Police Department and Officers. 10/23/17 DraftlRevise final draft of Updated Response to Plaintiffs AMP 0.70 Interrogatories propounded to Vincent Haugh pursuant to Court Order with attachments provided by Boynton Beach Police Department and Officers. 10/23/17 Draft/Revise final draft of Updated Response to Plaintiffs AMP 0.70 Interrogatories propounded to James Cooney pursuant to Court Order with attachments provided by Boynton Beach Police Department and Officers. 10/23/17 DraftlRevise final draft of Updated Response to Plaintiffs AMP 0.30 Request to Produce propounded on Connor Haugh pursuant to Court Order with attachments provided by Boynton Beach Police Department and Officers. 10/23/17 Draft/Revise final draft of Updated Response to Plaintiffs AMP 0.30 Request to Produce propounded on Vincent Haugh pursuant to Court Order with attachments provided by Boynton Beach Police Department and Officers. 10/23/17 Draft/Revise final draft of Updated Response to Plaintiffs AMP 0.30 Request to Produce propounded on James Cooney pursuant to Court Order with attachments provided by Boynton Beach Police Department and Officers. 10/26/17 Receipt and review of Plaintiffs Notice of Unavailability. DPC 0.10 10/26/17 Review/Analyze of Plaintiff supplemental response to our KLR 0.40 original Requests for Production for any new information for possible future discovery. 10/27/17 Receipt and review of Plaintiffs Motion for Leave to Amend DPC 0.60 Complaint. 10/27/17 Preparation of Correspondence to Julie Oldbury re: Plaintiffs DPC 0.30 Motion for Leave to Amend Complaint. 10/27/17 Draft/Revise Notice of Taking Updated Depositions of Spencer AMP 0.10 Andrews, Christopher Andrews and Brandon Andrews. 10/31/17 Receipt and review of Plaintiff, Christopher Andrews'Answers DPC 0.30 to Update Interrogatories. 10/31/17 Receipt and review of Plaintiff, Spencer Andrews'Answers to DPC 0.30 Update Interrogatories. 10/31/17 Receipt and review of Plaintiff, Brandon Andrews'Answers to DPC 0.30 Update Interrogatories. Page 212 of 754 Client: City of Boynton Beach November 10, 2017 Matter: 12152-Andrews v. Haugh et al. Page 4 PROFESSIONAL SERVICES Date Services Attorney Hours 10/31/17 Receipt and review of Plaintiff, Christopher Andrews' Response DPC 0.40 to Request to Produce. 10/31/17 Receipt and review of Plaintiff, Spencer Andrews' Response to DPC 0.40 Request to Produce. 10/31/17 Receipt and review of Plaintiff, Brandon Andrews' Response to DPC 0.40 Request to Produce. 10/31/17 Draft/Revise Re-Notice of Taking Updated Depositions of AMP 0.10 Spencer Andrews, Christopher Andrews and Brandon Andrews. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AMP Aaron M. Papero, Associate 16.30 140.00 2,282.00 DPC Danna P. Clement, Partner 3.90 165.00 643.50 KLR Kathryn L. Reeves, Paralegal 0.90 80.00 72.00 Total Professional Services 21.10 $2,997.60 DISBURSEMENTS Date Description Amount 10/12/17 Deposition Transcripts#1177 Depo Vincent Haugh re: 233.20 Andrews- Helen Daeders Reporting 10/17/17 Deposition Transcripts#9569 Reporting before Hon. 80.00 Oftedal re: Andrews- Brenda Longarzo &Associates Photocopies thru 10/31/17 91.50 Total Disbursements $404.70 CURRENT BILL TOTAL AMOUNT DUE $ 3,402.20 Balance Forward: 2,893-00 Payments &Adjustments: -0.00 Total Due: $ 69296.20 Page 213 of 754 Please return this page with remittance to Robefts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-1 01 West Palm Beach, Florida 33409 Bill Number: 39204 Bill Date: November 10, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 12152 Matter Name: Andrews v. Haugh et al. Total Professional Services 2,997.50 Total Disbursements 404.70 CURRENT BILL TOTAL AMOUNT DUE $ 3,402.20 Balance Forward: 2,893.00 Payments &Adjustments: -0.00 Total Due: $ 6,295.20 Past Due Balance 2,893.00 TOTAL AMOUNT DUE $6,295.20 Page 214 of 754 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm each, Florida 33409 Telephone(561)688-6560 Tax ID No.65-0004867 City of Boynton Beach October 16, 2017 Attn: claims@bbfl.us Bill No. 38708 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Boynton Old School v. Boynton Beach 13214 Claim#N/A BILL FOR FEES AND COSTS THROUGH 09/30/17 PROFESSIONAL SERVICES Date Services Attorney Hours 09/05117 Receipt and review of 4th DCA's executed Order Setting Oral LHR 0.20 Argument. 09/06/17 Correspondence to City Risk Manager Julie Oldbury re: 4th LHR 0.20 DCA's executed Order Setting Oral Argument. 09/08117 Receipt and review of Appellant's Reply Brief. LHR 1.50 09/13/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Appellants Reply Brief. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHIR Lyman H. Reynolds, Jr., Partner 2.10 165.00 346.50 Total Professional Services 2.10 $346.50 DISBURSEMENTS Date Description Amount Photocopies thru 09/30/17 13.20 Total Disbursements $13.20 Page 215 of 754 Client: City of Boynton each October 16, 2017 Matter: 13214- Boynton Old School v. Boynton each Page 2 CURRENT BILL TOTAL AMOUNT DUE $ 359.70 Balance Forward: 4,884.00 Payments&Adjustments: 4,884.00 Total Due: $ 369.70 Page 216 of 754 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 38708 Bill Date: October 16, 2017 Client Code: 032 Client Name: City of Boynton each Matter Code: 13214 Matter Name: Boynton Old School v. Boynton Beach Total Professional Services 346.50 Total Disbursements 13.20 CURRENT BILL TOTAL AMOUNT DUE $ 359.70 Balance Forward: 4,884.00 Payments &Adjustments: -4,884.00 Total Due: $ 359.70 Past Due Balance •0 TOTAL AMOUNT DUE $369.70 Page 217 of 754 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach October 16, 2017 Attn: claims@bbfl.us Bill No. 38709 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Broberg v. Boynton Beach et al. 15414 Claim#001470-000390-EP-01 BILL FOR FEES AND COSTS THROUGH 09/30/17 PROFESSIONAL SERVICES Date Services Attorney Hours 09/05/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 2.40 summary of continued deposition of Chief Jeffrey Katz (deposition continued once again due to length. 09/05/17 Receipt and review of e-mail from Ricardo Reyes, Esq. re: LHR 0.20 authorization for Seminole Tribe Police Department executed by Plaintiff, Leif Broberg, for release of records. 09/05/17 Preparation of correspondence to Ricardo Reyes, Esq. re: new LHR 0.30 IRS authorization for Plaintiff, Leif Broberg's execution to obtain tax records. 09/05/17 Preparation of new IRS authorization for Plaintiff, Leif Broberg's RKD 0.30 execution to obtain tax records. 09/05/17 Preparation of correspondence to Seminole Tribe Police LHR 0.30 Department re: authorization executed by Plaintiff, Leif Brobeg, for release of records. 09/05/17 Preparation of City's Notice of Compliance pursuant to LHR 0.60 Plaintiffs Request for Copies dated June 23, 2017. 09/06/17 Correspondence to Ricardo Reyes, counsel for Plaintiff, re: AGA 0.30 Defendant, City of Boynton Beach's, proposed Motion to Overrule Objections/Compel Better Responses to Defendant, City of Boynton Beach's Request for Admissions. 09/06/17 Telephone conference with Plaintiffs counsel Alvarez re: LHR 0.30 requesting cancellation of Plaintiffs hearing on City's Motion to Strike Plaintiffs Reply to Defendant's Affirmative Defenses. Page 218 of 754 Client: City of Boynton Beach October 16, 2017 Matter: 15414 - Broberg v. Boynton Beach et al. Page PROFESSIONAL Date iAttorney 09/06/17 Second telephone conference with Plaintiffs counsel Alvarez LHR 0.30 re: his agreement to cancellation of Plaintiffs hearing on City's Motion to Strike Plaintiffs Reply to Defendant's Affirmative Defenses scheduled for next Tuesday in light of Hurricane Irma as long as same can be rescheduled immediately, and so handling. 09/06/17 Receipt and review of Plaintiffs Re-Notice of Hearing on LHR 0.20 Defendant's Motion to Strike Plaintiffs Reply to Affirmative Defenses. 09/06/17 Preparation of e-mail to Plaintiffs counsel Alvarez re: LHR 0.30 acknowledging Motion to Strike reset before Judge Garrison and requesting if they received Clerk's Notice of Reassignment and, if so, requesting copy of same as Notice indicates same to be served on all parties by counsel. 09/06/17 Receipt and review of email response from Plaintiffs counsel LHR 0.30 Alvarez re: confirming case has been reassigned to Division AK, status of formal Notice of Service, and providing courtesy copy of Clerk's Notice of Reassignment, and review of same. 09/06/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Re-Notice of Hearing on Defendant's Motion to Strike Plaintiffs Reply to Affirmative Defenses and Clerk's Notice of Reassignment to Division AK. 09/07/17 Receipt and review of Plaintiffs Notice of Service of Case LHR 0.20 Division Reassignment Notice. 09/14/17 Correspondence to to Judge Edward Garrison re: hearing on LHR 0.30 Plaintiffs Motion to Strike Defendant's Affirmative Defenses. 09/15/17 Preparation of correspondence to Julie Oldbury re: request for LHR 0.40 payment information. 09/17/17 Receipt and review of correspondence from Plaintiffs counsel LHR 0.30 Alvarez re: continued deposition of Chief Jeffrey Katz. 09/18/17 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.20 second continued deposition of Chief Jeffrey Katz. 09/19/17 Telephone conference with Julie Oldbury re: status of execution RKD 0.20 of errata sheet for Chief Jeffrey Katz pursuant to continued deposition. 09/19/17 Receipt and review of e-mail from Seminole Tribe Police LHR 0.30 Department re: public records request pertaining to Plaintiff, Leif Brobeg. 09/20/17 Receipt and review of e-mail from Julie Oldbury re: requested LHR 0.20 responsive documents regarding Plaintiff, Leif Broberg. 09/22/17 Receipt and review of records pertaining to Plaintiff, Leif LHR 0.80 Broberg, received from US Army, pursuant to executed authorization for release of military records. (72 pgs) 09/25/17 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.20 second continued deposition of Chief Jeffrey Katz Page 219 of 754 Client: City of Boynton Beach October 16, 2017 Matter: 15414- Broberg v. Boynton Beach et al. Page 3 PROFESSIONALI Date Services Attorney 09/25/17 Receipt and review of email response from City Paralegal Lynn LHR 0.20 Swanson re: second continued deposition of Chief Jeffrey Katz 09/25/17 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.20 Swanson re: second continued deposition of Chief Jeffrey Katz 09/25/17 Preparation of second e-mail response to City Paralegal Lynn LHR 0.20 Swanson re: second continued deposition of Chief Jeffrey Katz 09/25/17 Receipt and review of e-mail from Julie Oldbury re enclosing LHR 0.20 Chief Katz's executed errata sheet for continued deposition taken August 25, 2017 and review of errata sheet attached thereto. 09/25/17 Receipt and review of e-mail from Julie Oldbury re enclosing LHR 0.20 breakdown of hypothetical payroll amounts to Leif Broberg for August 19, 2015 through January 31, 2016 as potential damages. 09/25/17 Extensive telephone conference with Julie Oldbury re questions RKD 0.30 pertaining to DROP enrollment and person able to testify as to City's practice in rehiring employees enrolled in same. 09/25/17 Receipt and review of e-mail from Plaintiffs counsel Alvarez re: LHR 0.20 second continued deposition of Chief Katz and depositions of Suzanne Crawford and Christopher Crawford. 09/25/17 Receipt and review of third email from City Paralegal Lynn LHR 0.20 Swanson re: second continued deposition of Chief Jeffrey Katz 09/25/17 Preparation of third email response to City Paralegal Lynn LHR 0.20 Swanson re: second continued deposition of Chief Jeffrey Katz 09/25/17 Preparation of email response to Plaintiffs counsel Alvarez re: LHR 0.20 second continued deposition of Chief Katz. 09/26/17 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.20 re: second continued deposition of Chief Katz. 09/26/17 Preparation of e-mail to Plaintiffs counsel Alvarez re: second LHR 0.20 continued deposition of Chief Katz. 09/26/17 Preparation of correspondence to Prestige Reporting Services, LHR 0.30 Inc. re: errata pursuant to Chief Jeffrey Katz, continued deposition. 09/26/17 Preparation for upcoming special set hearing on City's Motion LHR 1.20 to Strike Plaintiffs Reply to City's Affirmative Defenses. 09/27/17 Receipt and review of e-mail from Plaintiffs counsel Alvarez re: LHR 0.30 issues with hearing on Defendant City's Motion to Strike Plaintiff's Reply to Defendant's Affirmative Defenses and need for cancellation of same. 09/27/17 Receipt and review of Plaintiffs Notice of Cancellation of LHR 0.20 Hearing on Defendant City's Motion to Strike Plaintiffs Response to Defendant's Affirmative Defenses. Page 220 of 754 Client: City of Boynton Beach October 16, 2017 Matter: 15414- Broberg v. Boynton Beach et al. Page PROFESSIONAL Date Services r 09/27/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Notice of Cancellation of Hearing on Defendant City's Motion to Strike Plaintiffs Response to Defendant's Affirmative Defenses. 09/27/17 Receipt and review of correspondence from City Attorney LHR 0.30 DeCarlo to Plaintiffs counsel Reyes re: advising of City receiving contact by Mr. Broberg regarding filing of a citizen complaint and directives for same. 09/27/17 Telephone conference with City Attorney Tracey DeCarlo re: LHR 0.30 Broberg contacting the City with regard to new allegations against a member of the police department and need for response concerning same. PROFESSIONAL Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 0.30 165.00 49.50 LHR Lyman H. Reynolds, Jr., Partner 13.30 165.00 2,194.50 RKD Rebecca K. Davis, Paralegal 0.80 80.00 64.00 Total Professional Services 14.40 $2,308.00 DISBURSEMENTS Date Description Amount 09/26/17 Outside Printing Public records request. - Seminole Tribe 73.00 of Florida 09/30/17 Photocopies 0.60 09/30/17 Photocopies Color copy 0.30 09/30/17 Photocopies 58.80 Total Disbursements TOTALCURRENT BILL AMOUNT DUE $ 2,440.70 Balance Forward: 7,232.53 Payments&Adjustments: -7,232.53 Total Due: $ 2,440.70 Page 221 of 754 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-1 01 West Palm Beach, Florida 33409 Bill Number: 38709 Bill Date: October 16, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 15414 Matter Name: Broberg v. Boynton each et al. Total Professional Services 2,308.00 Total Disbursements 132.70 CURRENT BILL TOTAL AMOUNT DUE $ 2,440.70 Balance Forward: 7,232.53 Payments&Adjustments: -7,232.53 Total Due: $ 2,440.70 Past Due Balance 0.00 TOTAL AMOUNT DUE $2,440.70 Page 222 of 754 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone(561)688-6560 Tax ID No.65-0004867 City of Boynton Beach November 9, 2017 Attn: claims@bbfl.us Bill No. 39039 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Broberg v. Boynton Beach et al. 15414 Claim#001470-000390-EP-01 BILL FOR FEES AND COSTS THROUGH 10/31/17 PROFESSIONAL SERVICES Date Services Attorney Hours 10/02/17 Preparation of e-mail to City Risk Manager Julie Oldbury& City LHR 0.20 Paralegal Lynn Swanson re: depositions for former City employees Suzanne Crawford and Christopher Crawford. 10/03/17 Telephone conference with City Risk Manager Julie Oldbury re: LHR 0.20 contact info for former Asst. Chief Suzanne Crawford. 10/03/17 Research of case law and rules of civil procedure for Motion for JHL 0.80 Leave to File Additional Interrogatories. 10/04/17 Initial drafting of Motion for Leave to File Additional JHL 1.20 Interrogatories. 10/04/17 Receipt and review of Plaintiffs Notice of Taking Continuation LHR 0.20 Deposition of Chief Jeffrey Katz. 10/05/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Notice of Taking Continuation Deposition of Chief Jeffrey Katz. 10/07/17 Receipt and review of news article from Palm Beach of LHR 0.30 concerning additional indictment for Officer Brown. 10/09/17 Correspondence to City Risk Manager Julie Oldbury re: Palm LHR 0.20 Beach Post article concerning additional indictment of Officer Michael Brown. 10/09/17 Correspondence to FBI Special Agent Julio Ball and to U.S. JHL 0.60 Attorney Steven Petri requesting interviews from Suzanne Crawford, Christopher Crawford, Tom Jones, and Jeffrey Katz. 10/09/17 Drafting of exhibit A to subpoena for records regarding JHL 0.30 interviews from Suzanne Crawford, Christopher Crawford, Tom Jones, and Jeffrey Katz. 10/09/17 Revisions to initial draft of Defendant, City of Boynton Beach's, AGA 0.40 Motion for Leave to File Additional Interrogatories. Page 223 of 754 Client: City of Boynton Beach November 9, 2017 Matter: 15414- Broberg v. Boynton each et al. Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 10/10/17 Correspondence to Julie Oldbury, City, re: Defendant, City of AGA 0.30 Boynton Beach's, Motion for Leave to File Additional Interrogatories. 10/10/17 Correspondence to Ricardo Reyes, counsel for Plaintiff, re: AGA 0.30 Defendant, City of Boynton Beach's, Motion for Leave to File Additional Interrogatories. 10/12/17 Listen to FBI audio tapes from May 7, 2015 interview with JHL 0.70 Broberg. 10/12/17 Correspondence to Julie Oldbury, City, re: summary of May 7, JHL 0.40 2015 interview with Broberg and FBI agents. 10/16/17 Receipt and review of e-mail from Matthew Cohen, counsel for JHL 0.30 Plaintiff, re: Defendant's Motion for Leave to file additional interrogatories. 10116/17 Search online in an attempt to locate better contact information RKD 0.60 for former Detective Chris Crawford and former Assistant Chief Suzanne Crawford. 10/17/17 Telephone conference with Julie Oldbury re confirm retirement RKD 0.20 status of Chris and Suzanne Crawford and last known addresses and phone numbers. 10/17/17 Preparation of Facebook Messenger Email to Suzanne and LHR 0.20 Chris Crawford, formerly with Boynton Police Dept., re: their depositions. 10/18/17 Receipt and review of e-mail from Suzanne Crawford re: LHR 0.20 depositions of Chris Crawford and herself. 10118/17 Receipt and review of second e-mail from Suzanne Crawford LHR 0.20 re: depositions of Chris Crawford and herself. 10/18/17 Preparation of email response to Suzanne Crawford re: LHR 0.20 depositions of Chris Crawford and herself, requesting their voluntary appearance, and need for pre-deposition meetings. 10118/17 Receipt and review of third email from Suzanne Crawford re: LHR 0.20 her deposition and requesting to contact Chris Crawford directly for his deposition. 10/18/17 Preparation of second e-mail response to Suzanne Crawford LHR 0.20 re: her deposition and confirmation will contact Chris Crawford directly concerning his deposition. 10/18/17 Preparation of e-mail to Chris Crawford re: his deposition and LHR 0.20 pre-deposition meeting. 10/18/17 Correspondence to Plaintiffs counsel Alvarez re: depositions of LHR 0.20 Suzanne&Chris Crawford and status of same. 10/19/17 Receipt and review of e-mail from Plaintiffs counsel Alvarez re: LHR 0.20 special set hearing on Defendant's Motion to Strike Plaintiffs Reply to Defendant's Affirmative Defenses. 10/19/17 Preparation of email response to Plaintiffs counsel Alvarez re: LHR 0.20 special set hearing on Defendant's Motion to Strike Plaintiffs Reply to Defendant's Affirmative Defenses. Page 224 of 754 Client: City of Boynton Beach November 9, 2017 Matter: 15414- Broberg v. Boynton Beach et al. Page 3 PROFESSIONAL Date Services r 10/19/17 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Alvarez re: special set hearing on Defendant's Motion to Strike Plaintiff's Reply to Defendant's Affirmative Defenses. 10/19/17 Receipt and review of Plaintiffs Re-Notice of Hearing on LHR 0.20 Defendant City's Motion to Strike Plaintiffs Reply to Defendant's Affirmative Defenses. 10/20/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Re-Notice of Hearing on Defendant City's Motion to Strike Plaintiffs Reply to Defendant's Affirmative Defenses. 10/20/17 Telephone conference with US Attorney Steve Petrie re: his LHR 0.30 working on request for FBI tapes and status of same. 10/21/17 Further drafting of City's Motion to Overrule Plaintiffs JHL 0.50 Objections and Compel Better Answers to City's Request for Admissions. 10/24/17 Extensive follow-up telephone conference with US Attorney LHR 0.40 Steve Petrie re: need for FBI to continue to hold its interviews at least through the upcoming criminal trial, which is starting soon and will run through the middle of November. 10/25/17 Receipt and review of e-mail from Plaintiffs counsel Alvarez re: LHR 0.20 advising of conflict with upcoming continued deposition of Chief Katz and cancellation of same. 10/25/17 Receipt and review of Plaintiffs Notice of Cancellation of LHR 0.20 Deposition of Chief Jeffrey Katz. 10/26/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Notice of Cancellation of Deposition of Chief Jeffrey Katz. 10/26/17 Receipt and review of correspondence from Plaintiffs counsel LHR 0.50 Alvarez to Judge Garrison re: Plaintiffs Notebook for upcoming hearing on City's Motion to Strike Plaintiffs Reply to Affirmative Defenses, and review of same(133 pgs). 10/30/17 Receipt and review of news article from Palm Beach Post LHR 0.20 concerning upcoming trial of Boynton Officers in connection with Braswell criminal trial. 10/30/17 Correspondence to City Risk Manager Julie Oldbury re: Palm LHR 0.20 Beach Post article concerning upcoming criminal trial of officers in connection with Braswell incident. 10/31/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 advising of discussions with US Attorney Petrie regarding FBI tapes and records and advising he will be able to better know what can be released after conclusion of criminal trial which has started today and is expected to run through Nov. 17. 10/31/17 Preparation for upcoming hearing on Motion to Strike Plaintiffs LHR 0.90 Reply/Motion to Strike Defendant's Affirmative Defenses. Page 225 of 754 Client: City of Boynton Beach November 9, 2017 Matter: 15414- Broberg v. Boynton'Beach et al. Page 4 PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 1.00 165.00 165.00 JHL Jordan H. Lewis, Associate 4.30 140.00 602.00 JHL Jordan H. Lewis, Associate 0.50 180.00 90.00 LHR Lyman H. Reynolds, Jr., Partner 7.20 165.00 1,188.00 RKD Rebecca K. Davis, Paralegal 0,80 80.00 64.00 Total Professional Services 13-80 $2,109.00 DISBURSEMENTS Date Description Amount 10/27/17 Photocopies 39.90 10/31/17 Photocopies Color copies 1.50 10131/17 Photocopies 14.40 Total Disbursements $65.80 CURRENT BILL TOTAL AMOUNT DUE $ 2,164.80 Balance Forward: 2,440.70 Payments &Adjustments: -2,440.70 Total Due: $ 2,164.80 Page 226 of 754 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-1 01 West Palm Beach, Florida 33409 Bill Number: 39039 Bill Date: November 9, 2017 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 15414 Matter Name: Broberg v. Boynton Beach et al. Total Professional Services 2,109.00 Total Disbursements 55-80 CURRENT BILL TOTAL AMOUNT DUE $ 2,164X0 Balance Forward: 2,440.70 Payments &Adjustments: -2,440.70 Total Due: $ 2,164.80 Past Due Balance 0.00 TOTAL AMOUNT DUE $2,164.80 Page 227 of 754 6.H. CONSENTAGENDA 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over$10,000 for the month of October 2017. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the $25,000 bid threshold for personal property, commodities, and services, or $75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for October 2017: Purchase Order Vendor Amount 180259 MacMillan Oil Company of FI $ 17,176.17 180260 Vincent& Sons Landscaping $ 16,760.00 180261 Champion Solutions Group $ 14,125.00 180327 CRS Max Consultants Inc. $20,825.00 180343 Mansfield Oil Company $ 39,049.69 180376 Insituform Technologies LLC $ 11,230.00 180388 Carahsoft Technology Corp. $ 17,573.66 180395 Step CG, LLC $ 10,317.70 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 228 of 754 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Purchases over $1 OK - October 2017 Page 229 of 754 CITY yr APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR OCTOBER 2017 1. Vendor: MacMillan Oil Company of FI. Purchase _Amount: a. $17,178.17 Requesting-Department: Public Works Contact Person: Bill Darty Date: 1015117 -Brief Description of Purchase: Emergency fuel delivery due to pending storm, Hurricane Irma. The company we have a blanket PO with was unable to provide us with the fuel we needed. Source for Purchase: Emergency Purchase Fund Source: 501-2516-519-52-10 . Vendor: Vincent&Sons Landscaping PurchaseAmount: $16,760.®0 Requesting a ent: Public Works Contact Person: Glenda Hall Date: 1015117 Brief Description of Purchase: Hurricane debris clean-up,tree and shrub removal from various areas. Source for Purchase: Emergency Purchase Fund Source: 108-1211-512-52-90 H1701 3. Vendor: Champion Solutions Group Purchase t: $14,125.00 Requesting ep ent: ITS Contact Person: John McNally i Date: 1015117 Brief Description of Pu Vmware support&subscription annual renewal. The Vmware software allows computer servers to run "virtually"as applications within the memory&processor space of larger, shared server hardware. The City and Utilities IT divisions rely heavily on the VMware software given that it runs almost all of our file-, print-, and application-servers,which provide Information on a 24 hour by 7 day basis to internal staff, as well as external customers through our Internet connections. Source r Purchase: Three Written Quotes FundSource: 001-1510-513-46-91 -$9,295-00 401-2821-536-46-91 -$4,830.00 4. Vendor: CRS Max Consultants Inc. PurchaseAmount: $20,825.00 Requesting Department: Utilities Con n: Angela Prymas Date: 10/17/17 Brief Description of Purchase: CRS Max Consultants will continue working with the City's National Flood Insurance Program's Community Rating System ( FIPIC )to improve the City's CRS Classification. The scope of services will cover the fiscal year of 2018 (October 2017 September 2018). Source r Purchase: Piggyback Lee County Fund Source: 401-2821-536-49-17 Contract#7177 CN 150249 Page 1 Page 230 of 754 5. Vendor: Mansfield Oil Company Purchase Amount: $39.-049.69 Requesting Department: Public Works Contact Person: Bill Darty Brief Description of Purchase: Date: 10/20/17 State contract purchase of fuel for Public Works inventory to support daily use by departments. Source for Purchase: Piggyback State Contract Fund Source: 501-2516-519-52-10 ,,, #405-000-10-1 6. Vendor: Insituflorm $11,230.60-- Requesting Department. Utilities Contact Person: Waneya Bryant Brief Description of Purchase: Date: 10/24/17 TV/Clean services needed to inspect wastewater lines In Leisureville due to multiple sinkholes occuring throughout development. City is currently unable to complete in-house due to short staffing. Source for Purchase: Three Written Quotes FundSource: 401-2815-536-49-17 7. Vendor: Carahsoft Technology Corp. Purchase Amount, $17,573.66 .573.60 Requesting Department: Utilities Contact Person: Michael Low Brief Description of PurchasDate: 10/27/17 e: Digital signatures rJo E-Builder. Source for Purchase: Piggyback GSA Contract Fund Source: 401-2821-536-51-25 8. VendorStep CG, LLC GS-35F-0119Y Purchase Amount: $10,5-17.70 Requesting Department: ITS Contact Person: John McNally Brief Description of Purchase: Date: 10/30/17 Equipment required to activate the fiber link between the East&West Utility Plants. The current switch In the West Plant SCADA server room Is past end-of-Iffe and cannot perflorm the 10 bandwith speeds. A now switch is included In the quote with I year maintenance and support. Source for Purchase: Piggyback NASPO FL Contract Fund Source: 401-2821-536-64-15-$9,455.00 #43220000-WSCA-14-ACS 401-2821-536-52-20-$862.70 Page 2 Page 231 of 754 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 180259 BOYNTON BEACH, FLORIDA 33426-0310 DATE: 10/05/17 VENDOR 8372 SHTP TO: TO: MACMILLAN OIL COMPANY OF FL IN City of Boynton Beach MACMILLAN HOLDINGS INC. PUBLIC WORKS COMPOUND 2955 E. 11 AVENUE 222 NE 9TH AVENUE HIALEAH, FL 33013 BOYNTON BEACH, FL 33435 REQUISITION NO. 69852 ORDERING DEPARTMENT. FLEET/MC DATE NEEDED: BID NO: COMMISSION APPROVED. ......... EXTENDED LINE# QUANTITY UOM ITEM NO,, AND DESCRIPTION UNIT COST COST 17176. 17 DL 7398 .00 GAL DIESEL FOR PUBLIC 1. 0000 17176.17 WORKS REMA-Ru C ONSM" 3; a:4 EMP.Q*NCY ME 192FOAE stbim. ax Yl FROCUREMENT SERVICES: —P P.O. TOTAL: 17176.17 ACCOUNT NO. PROJECT 501-2516-519.52-10 ............. ....... ... .......... PURCHASING Page 232 of 754 Ll n 1 r � I 1 ® ' 1 In 1 N 1 I 1 1 1 r n C• I 1 1 1 i I 1 P h i 1 drq �1 1 1 I 1 i 1 1 I 1 1 H r 1 1 I 1 1 i I 1 i r I 1 1 I 1 i I 1 I ra 1 1 t! A. m pk I 1 I O i I A 1 1toI H 1 I n r r 1 ri ri I I 1 I 1 I r i 1 cv 1 / '; O i i0 I 0 I f 1 H IE 0 I I 1 1 H 1 E I /9 f ` H I I 1 i pj O 1 1 n F H I d I E C41i I 1 1 r n r I ri r2 1 ri 1 r 1 I I r 1 1 1 i0 H 1 1 ;U 1 H 1 r 1 1 H 1 r H O H 13 Itgoo H I 1 ; H 1 1 1 1 lcbV i U i I 1 1 1 I H f N RJ w H 1 ra r7 i yy 1.1 i 1•aH0 i 41 H 1 v 1 ~ 1 I f N a Ln W H r I 4sawf i off i 410 04 i MID A 1 ; U H ! I h i H ii H .; I 1 d I 1 1 1 1 ; Page 233 of 754 CITY OF BOYNTONBEACH f Date: REQUWT FOR PURCEME OVER $20p000 Department:Requesting r Explanatt6n for Pu -Qe-1 du V& io pk-n 61 C hurri-c�r)-e firma . � Pon u f l t.� 42 Us LO/ inded Vendor,.--P10 7 Boume for Purchase (check and attach backup materials): Threme'Written Quotations tate Contract PRIDE RESPECTSNAPS Piggy-Backu Emergency Purchase h r Contract Number. Pricing i I&purchasemust be presented 1n the some detall contained within the contract C�CC4 501 - - - " Department Head v Date Purchasing AgentA bDate Asst City Manager t +� C Manager ��' � '` .�►.����.� ��� Date '. Form Revised CUUM Page 234 of 754 MACMILLAN OIL COMPANY LLC Page: I 2935 EMT 11TH AVENUE HIALEAH, FL 33013 Invoice No: 481625 Invoice Date: 09/29/17 ship Date: 09119/17 Phone: 305-691- 305-691-7 17 -30S-691-7017 Profit Center: 1000 of CITY OF BOYNTON BCH (M), 10-CI BB (M Ship CI BE 222 NE 9 AVE, 10-CIBB To: CONTRACT #: 40S-000-20-1 To. 222 NE 9 AVE 100 E BOYNTON BCH BOYNTON BEACH, FL 33435-314 BOYNTON BEACH, FL 33435-3938 RELEASE #- 0 Account No.12320237 PO No:405-000-10-1 Terms: NET 30 DAYS Ship Via:ESP PURLING LLC Sales ID:HOUS SOL/Ship-Order: >---------------------------------------------------------------------------- Product Code/ Gross Net Price Description Quantity Quantity Each Extension ------------------------------------------------------------------------------ BA Number-- 336756 ## ULSD ON ROAD DIESEL 2100 NA 1993 DIEStL FURL 3 PG III UL 7,500.0 7,398.0* 2.952300 14,443.12 FEDERAL LUST TAX 0.002000 7.40 FEDERAL OIL SPILL DIESEL 0.002143 15.85 FL COMB SP & SF SLS TAX 0.174000 1,287.25 FLORIDA L/O 0.244000 2,065.31 FLORIDA POLLUTION 0.020714 153.24 Unit Freight On DISTILLATES 7,50 .0 .027200 204.00 FEDERAL ID NUMBER Permit Number596000292 STORAGE TANK NUMBER Permit rya 630524 FEDERAL TAX ID; 47-2123177 ----------------- Identifies Billed Quantity. Total Amount: 17,176.17 Page 235 of 754 ° 4 or A6*lia t FLAW VA.ll,'Rij LED 4295PERYv, V O ° .. ' . ria a:p °'tt[9 °p,°$pw .. . $ $. `. . 5° '4� p° °°yy- • !�} ;;aate&& I8✓"•B'a° ffi C; R7" t=f`. `5`�>. :�*,$.'� ° °n; yr"A° d lea a °G°®8Y ' WftPonz Lir.' LOM END CAM •o-.<. °mrP m r«....- n°.® _.m aYa.w r®.....�.w-" • ..w ...s.a..®m.0®a mr°,., ..� .4 .,r 6e ..rw s -'-° ...a .. -... ae .. 114 fill, a �b -I°°• Mp T >m NMN. t� ' I1r, 161i a.. I r C ,�wr •s ["44;�' r a G . UN�,• S°'r-P e } . 1 + .a i,a"' m • v€-, - M L a' r rt ® aw w• rg,R ® i ,�2 'm� X IN ?'kE �:,14t t r-,&,I 77.Q kq'k •t `9eq$.,p®pdd.+li}tr t e;N."44A.�•" ^Faa, B�{��s�.< i 34Wr . yffi9tJ� ��9R�v'l 4�8ffiffi�[i• e �J1i 9mxw�h" e .. ° V• �tfib• idk'®°. }•i Sm® 888,E � °¢°, V. Al 9 N 44, �. �, r. r dWt V. M .. X t i ¢ .. NONAT ., . . . . • '�� . . . 4-236,of.754• PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD 0 P.O. BOX 310 P.O. #: 18260 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/05/27 VENDOR 14086 SHIP TO: TO: VINCENT & SONS LANDSCAPING, IN City of Boynton Beach P.O. BOX 20605 PUBLIC WORKS DEPARTMENT WEST PALM BEACH, FL 33416 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 69895 ORDERING DEPARTMENT; F&G/GLENDA DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 2850-00 DL N CONGRESS - INVOICE NCON92917A 1.0000 2850.00 2 540. 00 DL RIDGEWOOD ESTATES — ;)RVOTCE 1.0000 540. 00 RIDGE91817A 3 2250.00 DL S CONGRESS>.. 4:':'j.NV I 1. 0000 2250. 00 4 2460.00 DL S ipvb ir 1174. 1.0000 2460. 00 7.50 '.1.0000 337.50 5 33DL WOOL NVO Q.450 6 0TMZEAM I 1.7 "0000 450. 00 7 2000.00 DLI ":! "P;p -.'TNVOlC'w..-#9291l7A-- 2000.00 Mj- MUM: EELVD 1.40po 2250.00 9 945.00 C 1 Ll- L',L ICE 945.00 $vO 2'917A'. #rl9 10 540. 0 DL. 0 ukoi 92'917A..: .540.00 N 787.50 Dtj':�-.. CLUB.4 787.50 12 1350. 00 Dt At "M '7A 13500 TZ. .0 92.591 - R ,A EP. CONFIRMIM-..'K HURRICANE -1 RMA, **FY1617** EMENT SE el '_"___Fp.O.—TOTAL—: PROCUR RVICES: 6760.00 ACCOUNT NO. PROJECT 108-1211-512.52-90 HR1701 PURCHASING Page 237 of 754 F h I I ri ri i 1 \ \ I 1 1�1 1 1 p I I a 0 1 1 O 0 O 0 0 0 O 0 o 0 a 0 0 0 0 0 0. 0 0 0 O 0 p 1 1 O F O 0 a F 0 I I N N Y7 F F 1 1 N rq N N N Hto 1 1 5+ ! I M I I 1 I 1 I 1 ! I I H ! I I 1 r 1 I I I I 1 1 I ! I I i 1 1 ! 1 1 I I H i ' 0 0 0 0 0 0 0 0 0 0 0 0 Ea 1 1 O 0 d 0 I I . . . d] + r 0 0 0 0 00 0 0 00 0 1 1 W W W rl W H rl ri W M H W ! r I I I1 h F F r r h F r h F F h 1 1 ri ri W ri W A W W riW W W 1 1 0 p o 0 0 0 0 N N N N N I I \ \ \ \ \ \ \ \ \ \ \ \ Ln MC(IH I i t i c Q5 C1 Ch cc N8i I �' O O O O i I I I I I 1 I I 1 I 1 I 1 1 Y 1 1 H 1 r H11 1 EA H H H H H H O i I H I I 1 1 UU U U U V U U V I 1 W•dri•dW•�W,-ira• rl•driraWrl,i-�ri•rfW•rlWri A I 1 010 p0$10}.1014dli0 LI0 Ii0},10 W I I FFIFrT F�Ir�IFr h}-0hWr h►.1 H i i W H H W rf W Hal rip W ri W ® W I I H H 1 1 H I Ip I I 1 1 1 1 1 I H 1 I O 1 1 I I I I 1 1 F1 I I I 1w WO H OH 1 i H H H H H H H H H PM I I 1 1 I I H p H H lmsmAiRldi HMHMHMHMHWM I I ~ i i Oa, p E' Ei El H H i i H H H H H H H H H faa ! OW RJR ix u1 i O O HCH u 1 I MH Ea H 1 \ E-4H 1 ! a a O 0 d 0 0 0 0 0 H 1 i 01 iT ► rT at f N N N N N N N N N N I I ul L7 lfl I I uY Lfl mwt m ` H I I W H W H W H H H WH W W HH H H I 1 W ri W W W W H W W H ri W 1 I N N N N N N N N N O H + H H r i W W W ri H W WH ri W ri HI 1 0 0 0 0 a 0 o 0 0 0 0 p N H ' i W W WH W ri W W ri d W ri H E4 I 1 H1 1co I I HW N F O r4 Q 1 W ri W 1 1 IH H wx mum Page 238 of 754 r. r- U H rq U m wr U 0 0 U rq H I I I 0 0 0 0 C) 0 0 0 0 0 0 0 0 Ln 0 0 0 0 0 in 0 a ; C; C; C; 9 C; LO V In WE en Ln 0 Ln co Ln ED co Ln 0 N Ch LA r- m r- C4 N rq ko ri E U to 1 0 0 0 0 0 0 0 0 LED NNP : 0 0 0 0 0 0 0 ME 0 0 0 0 0 0 0 CID 0 0 0 a C 0 0 0 0 0 0 ch9 9 9 9 9 9 9 9 9 9 9 9 p w H H H H HH rq H H rl �4 0 H 0 0 0 5H WE w 40 !U I H A0 a 0 0 0 0 0 H 0 0 EW 1 U 9 9 9 In 9 9 9 9 9 U! 9 1 E 0Ln 0 0 0 h0 0 0 In 0 L, 0 v Ln WE m Ln 0 Ln ve qv w CD, to in N 0 N Ch in k, m N N ri U U N U ri 'A rA Ch I Of (h gnu nu nu 0 HO 1 H on 1 IN 19">N H" >H PH > A E, IIV, : t13 4 m cog H 84 9944 4 0 4 (h Dp; > cn 0 0 ftz 8 1 8 k M'd 0 Z8 Nm"8 m ZOO H 8 Is, 1 H 81 H, R4 M I p",H REM 8' H MWO HH W NNW C08 U 93 U 01 "m I A I to I H m WEI ON '15 U I m EF 0 m DIM Egg 11 ON I I w I m 0 Ig go - IF rt d RF U A H 01 w §E-11 Up 0 U 1 I mr" Hr" tr 0 E .. 0 jQj C0 , HH H U 0 ED H s III 1 0 No 0 " 81 gJ8 2 8 81 61% u8,m '48M 11 JH8118 18 81 R I UP rl V I hco m a H U U H H H I Page 239 of 754 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 Requesting Department: axmkv�lontact Person:. Nk— *1kL--UQA Explanation for Purchase: _ac upma ; Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole ou Piggy-Back Budgeted Item Emergency e Other Contract Number. Pricing L for purchase must be presented In the same Mail contained vdthln the contract. 7 Fund Source r Pu Department E� Purchasing t Asst City Manager Date City Manager Form Revised OWI/02 Page 240 of 754 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES 100 EAST BOYNTON BEACH BOULEVARD T FLORIDA 33425-0310 P.O. #:10/05/17 VENDOR 721 SHIP TO: : CHMPION SOLUTIONS GROUP City of Boynton Beach 1 PARK OF COMMERCE BLVD ITS DEPARTMENT BOCA rFL 33487 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 .•- —,_.. - o.. ® • REQUISITION NO. ORDERING1": DATE NEEDED: BID NO: COMMISSIONAPPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTIONIT COST COST 1 1. 00 EA PRODUCTION SUPPORT COVERAGE 1450.0000 1450.00 v (Per instance) VENDOR ITER.-ft1w.VN 2 - 1. '1 .00 0.. 00 ,: +` .: . I .:j:'-v - -SSS:-'C 4 4. 0 I #' '0A00 .0 C . ITEM NO. - - - - . 0 I 1690. 00 NA UC :SERVER I ° - TI T�C V 33 0 VC VO . IT _ 7 1. 00 . . ` ' .�.' -,,b 03.085.00 '. .' ,` VMWARE RENEWAL FOR CITY & UTILITIES TERM: 11/1/17 - 10/30/18 DO NOT MAIL PO - ITS WILL SEND TO VENDOR .,. PROCUREMENT SERVICES: A) , � � � �P. . TOTAL 14125.00 ACCOUNT NO. PROJECT BELOWSEE PURCHASING Page 241 of 754 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES 100 EAST BOYNTON BEACH BOULEVARD BOYNTON BEACH. FLORIDA 33425-0310 : 10/05/17 VENDOR 1 SHIP . SOLUTIONSTO: CHAMPION i 791 PARK OF COMMERCE BLVD ITS DEPARTMENT 33487 100 E BOYNTON BEACH BLVD BOYNTON BEACH, L 33435 REOUISITION NO. I ORDERING DEPARTMENT: ATE NEEDED: BID NO, COMMISSION PP EXTENDED LINE# QUANTITYITEM NO. AND DESCRIPTION2 T ACCOUNTING ww*wwwwww**www*ww*www**wwwwwwwww**wwwwwwwwww,��a,aww+www*wwww*ww*wwww*w INFORMATION — DO NOT SEND THISVENDOR* ** wwwwwwwwwwwwww *wwwwww **www•w **w*wwwwww*www * *ww*www -------------------- _—- ---- --------------------- :y REQ/ACCT T y. PROJECT AMOUNT -------------------- -- --- ®•c:r<�.+�`-- --a�-------------------- _ Q 1 10/05/1.-:7..:. 9295. 00 00115105134691 0000069911 4830. 00 40128215364691 e® .m m...... PROCUREMENT SERVICE ACCOUNT NO. PROJECT PURCHASING Page 242 of 754 ri ri I I uy I I a cm1 I I 1 ri ri I 1 I I a N i i a a u9 I 1 H m H qr r I 1 I 1 1 I 1 I 1 I I H + I a 1 1 + F I 1 I r r I 1 I I 1 I 1 r I 1 r 1 ! a I a I 1 O O I I rf ri ri I I ! r r I 1 I I 1 I � H [tel] E-4 E-4 i ' ri I I I r I I H 1 I 1 I N a I I I I a I 1 C) 1 I W I I H rq w w I I N I 1 p I 1 I 1 1 r H I I + r a H H I 1 I 1 r i E I I I 1 ! r H I 1 p I 1 1 I I I I I H I 1 rj ! ! H r I 1 + I 1 I 1 1 I H H I I M H r I I I I 1 yS + I Hr4 0 I as iJ I I I 1 H I 1 a ! 1 r I ri Ct2 I I H H H I I 1 QV h .rq ri0 I r ®+ I 1 rd riLn PA Ln 0 0 nl H ' r44 Cli H Ft E. H t ' w Ln a ri H H 07 I I ri I I H I I to E-4 H i s Its n H a. r r r Page 243 of 754 H r4 I I I I O N 1 1 UI UI U U U U 1 1 0 1 1 03 to 1 1 1 1 1 C� to w W I I 0 O 0 •• 1 1 I S cn ca I ! I I I 0 Ln In 0 d EI ! I 1 1 I 1 I I 1 Fa 1 i � r4 ' 1 1 1 I I Q1 I I 1 47 I I 1 I I I I ItoI 1 I UEj ' I I H a I 1 f LA th I I ' 1 1 ' I I ' I I I 1 J I 1 1 ' ! 1 ' I I I 1 1 0 0 0 0 0 0 0 0 i HH I 0 0 0 0 I09 0 1 1d,9 9 0 d 1 1 0 0 d 0 1 0 0 0 0 O Rn Ln1 1 1 I 1 m O 0 ! m' tm % i I H r-i H rd I H ri H m H M H I i I I ! I a i i ri HH 1 0 0 0 d 00 1 H 1 000 0 0 0 00 1 1 0 0 0 0 0 d 0 t+0 1 IH • 1 Fd 0 w I 111 !n Ln 10 14l w r.H ! H d 1Rp v cc Go d rqw 0 1 ri AH H ` I H H 1 I H 1 Eq N 1 I P I H 1 f0 U I 1 1 01 1 1 F] }-I 1 0 0 0 0 0 0 0 I w I r-I H N V N Vt H I I w I I I I i I I 1 ! ! 1 1 � 1 1 1 1 I 1 .. .. 1 1 1 I I 1 U I ! I I U � 011, w • UmI 41j J' • ►�' I U mpg U OH H I b"j I H 14 l ! ' I W. 1 I 1 C7 � U 10, r H w I sup, U IH Uw wEa w wH w IdIJE4 801 r gF H F 99H H l E'1 ng I HH rd r•i I `�H � 'iH fa H Hw H to W kc w }II � I ' I ri n7 ri 1 •(� .. .. I H d H w 1 €� ®• o 1 H N N H H I Up H "H w H Hin un HHun Oro 1 tfi H ~ I 38RU 1 0H w " C, BE U O I 1 w 1 1 1 ri Nv Ln ' CO [�~' I H N ' I H Fa i 1 1 Page 244 of 754 � v C41TY OF BOYNTON BEACH �J REQUEST FOR PURCHASE OVER $100000 rt 10/5/2017 Requesting : I.T. Nicole n Explanation for Purchase: Subscription nu l Renewal. The VMware software allowsr servers to n "virtually" lic tin within the processor space of larger, shared server hardware. The Cky and Utilities IT divisionst ity on the VMware software givent it runs almost all of our file-, print-, and application-servers, i i infbrmation on a 24 hour by 7 basisday internal staff, as well as external customers through our Internet connections. I lotion l�. r materials): Three Written Quotations XGSA S St tate Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency urc ter Contract u r: TI ru must In s it oontalned vWthin the contract. 1-1510-513.46-91 I - 401-2821-536-46-91 iliti - f Departme . i ntHead .�,� ,._ t ! r Purr Purchasing Agent Date Asst City r Date City Manager DateOVA F02/01/02 Page 245 of 754 Quota Is Valid through 10/31117 ®Champlon September 20,2017 City on Florida Charles Stevens VNIware Renewal to t : 11101/2017-10131/2018 pints ItainI I d' ( 1 VCSB-51 D-P-S3S-C Extended PrIas unkprloa Production Support Coverage VMvmre vCenter Server ti 11/01117-1 W31118 $1450 M-00 $ 1,450.001 Standard for v$phere 8(Per Instance) t 1 I PSupport for ( In n )Server 11/01/17-10/31118 $1,450.00 $ 1,450.00 �1 1 2 VSB-EPL-P-SSS-C T Production Support Coverage VMvers vSphere 8 EnterpriseV 111011v �31 ., .,.:,Plus for 1 Processor 17-10!31118 $645.00 s 1,$90.00 4 VSO-EPL-P-888-C Production Support Coverage VMwere vSphere 8 Enterprise j 11/01/17-10131/18 6845.00 s._ 8,360.06 Plus for 1 Processor F I t 2 EPL Production Support geVivivare vSPhora8 Enterprise 11 1117-10131118 1 SM.00 S 11,690.0D Plus far 1 Processor 1 6-EPL-P-SSS-C Production Support Coverage VMware vSAhers 8 Errterprlae PI 11/01/17-10131118 $ .Q0 S3,384.00 for 1 4 VS845 Production Support 1 , .Federal Vmwere v8phem 0 Essentials.Plus Kit lbr 3 haste 11101117-10131/18 $1,085.00 $ 1.0m.00 (Max 2 p ors j L..... _..�_.........-..... ... ._. TWAL: Is 141U.00 Applicable8shosTaxNaltincluided Champion Solutions Group has prepared this quots Ibr you exclusivelye It is considered to be confidential InIbrmstion.This document may not be disclosed in any manner to anyone other then the employees or representatives of the addressed firm who are directly responsible for evaluation of Its Sales This agreement Is and between Champion Solutions Group(Seller)acorporation vin I I offices at: 1 Park of Commercen,Fl.33487. 1.EQUIPMENT.Seller hereby agrees to selland purchaser agrees to purchase from seller the above describedIn ul ent, services and saRmrs. 2.TITLE.Title.is bahveen the sellerand purchaser,shell remain vAth seller until to purchaser has paidu rice and all other incidental charges to this sale. 3.Purchaser shall execAft and/or seller may file UCC Financing statements as the seller shall determine are needed to protect Interests. Balance due upon i ( ).Shipping to be paidr.SaFtware cannote once It has been ordered. Customer Signature: Title: 'Date:- Candice Cim ntl Champion Solutions Group I. 00-771-7000 Ext.122 1 FAX 1- T Email:echimentl@chomplonag.com Barry ler,Client Manager.1.800-771-7000 Ext.485 Page 246 of 754 carahsoft. LAKAMPUP11 IMMMULUWT L-VKF %"ware, 1H60 hl ICH EI. FARADAY DRIVF I SU17E JOD I RE ION,VIRGINIA 0190 PIJIUNE (703)871-8585 I iA (703)S71 Iss f: 11OL.L f REE (888)6VMWARE WW.CAR HSOF7.CO I IAA REQ C 4HSOFT.001\1 _ ............. _ John McNally FROM: Heather n Inibrmetion Technology Services Manager Carshoolt TechnologyCorp. City of Boynton Beach VMware Government Team 100 East Boynton Beach Blvd 1860 Michael Faraday Drive Boynton Beach,FIL 33435 Sub WgInIs 20190 EMAIL: mcnalW@bbfl.us EMAIL Heather.BeenocarahsolLoorn ( 1)742-0070 (5 1) (703)saMS67 )8714505 T Schedule o: 11 BY QUOTE10325273 December 20,2011-December1 ,2021 QUOTE DATE: 0911&12017 I : - 1EXPIRES: 110/31=17 Shipping Point:FOB Destination RFQ NO: Credit Cards:VISAIMasterCord)AMEX Remit T :Same so Above SHIPPING: GROUND Payment s:Net 30( n Approved C TTL I 14,171.70 Cap Code:i DUNS No:088365767 Business Other then ail Sales Tax May Apply TTL T. $14,171.70 LINE NO. PART NO. DESCRIPTIONLIT PRICE QUOTE PRICEPRICE 1 11- 1 1 - .—. Federal -u IonSupport/Subscription are vCenlar Server 6 Standardr v p (Per Instance)for i year VMwere Inc.- Start : 111/011=17 n _:_1 W311120118 11-21211-MIP I Production SupportiSubscripflon $874.007.7 1 iD,17 VMvmm v3phore 6 EnterprisePlus r 1 processor for year VMware Inc.-Start :11/0112017 End :10/3112018 3 11-2136-Ml P U.S.Federal Production Support/SubserlpHon $1,124.00 $1,090.28 GSA 1 $1,090.28 VMware v8phera 6 Essentials Plus Wt for 1 year VMware Inc.Start :11/0112017 End :110131=18 --------------__.®_ n-behaff of Charnplon Solutions®Group UdIlzing ra es GSA Contract 14,171.70 PRICE:TOTAL 14,171.7 -------- ,171 TOTAL .70 Page 247 of 754 1 IBM IN Quote Number: :1 : 1 00:10:12 Account r: 116681951 Account IFLORIDA Address : 100 E Boynton Beach Blvd Boynton 33435-3838 United States Super User Name : JOHN, MCNALLY Super User II Procurement Contact: James,Wilson Procurement Contact !I : wilsonjobbMus Dear VMware Customer, This notice and quote is a courtesy reminder that your Support& Subscription ( ) Is set to expireo r expiredrecently on 31-OCT-2017. Don't miss out on receiving the latest s and the security of being ableto contact V Global Support Services Organization. If you are not the appropriate person within your company to manage this renewal, please send an email to let me know withI shouldi . Pleasethe I u it to ensureI i tion onto your preferred reseller or a local fflyj2-8wjW&to assist you in purchasing this renewal. If you would like t r of licenses/contracts to on cific end date makingto I n annual event please contactr VMwore SupportI listed below. k that you consider a three year service extensionr which we givethe following discount: 3YR- 1 . If you choose to not renew your contract uponexpiration, you will not be ableto receive updates/upgrades updates/upgradesor open a Support Request. If at a later time you decide to reinstater SnS, the term wills rt the day after your previous contract expiration reinstatement a will be applied on past nS and 1 year florward SnS. If you have I initiated t of the below (s) or are currently ing with your local VIP partner,then pleasei this notice. wouldWe like k this opportuntty to thank you for your continued business . If you require further Information or assistance, pleaseo not hesitate to send an email or call u . Sincerely, Mariana Zamora VMware SupportI r v Note: This q di Is provided pursuant to the terriis and conditions of the license agnxwnent Mat you exectdod when acquiredyou r Ikenses ,Inc.3401 HIIM@w Ave,PaloTel.1 3 or : 1 copyright 0 2012 VMwars,Inc.All rights .VMware Is a registeredark of VMware,Inc. Page 248 of 754 gap WNannI- -"--"- , r � ti N N r w J T cr r a ; N R e fA F •� O O 4 W e co 84 oil 3 A r c sF C � F N y cw L R N I _ m m RFITr _ IIH Jill JA �. ' '_. RL Sir of � CL R � inl Ccl_ ati a Page 249 of 754 n F i.l e i N N! C� , Ioil 06 c M � Ey Off+ 9 9 c= a Ch a a ®c s , e j 1. •Q m r (I s r c k � • r ®� d s — OTS LN f6 _ CL �5 {{ 1C roc 0° j �fv3 �Il C o Pit a: A 50 of 754 m a W 0 m t m m • c m m Nt m — — m m _ • m all Rif 8 To C bi p ft I All LD to cl CL J ` cP flco ID c m _ C w 12 r m s I m m , I mCFOa al 0 ,all go II7fi t a U. a eCi • r � 1 - -_ °° - Page 251 of 754 PURCHASE ORDER - CITY -OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES 100 EAST BOYNTON BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/17/17 11348 SHIP . • CRS MAX CONSULTANTS INC City of Boynton Beach ATTN. CATHY KING EAST UTILITY ADMIN 33331 1 1 I GHT ROAD CREEK, FL33073 BEACH, FL 33435 REQUISITION 75 ORDERING DEPARTMENT. ENGINEERING T —4a' •®r ATE E i j COMMISSIONa EXTHNDED U C I I I 1 5970 . 00 DL CRS CONTINUING1.0000 5970. 00 SERVICES 2 14855.00 DL FLOOD MITIGA1.0000 14855. 00 SERVICES :.. .. .:' , . FLOOD Cit.; PROGRAM". RAT C I'T :* I . E . T± } ,,. PROCUREMENT SERVICE P.O. L. 20825. 00 I ACCOUNT NO. PROJECT 401-2821-536.49-17 PURCHASING Page 252 of 754 rl 1 1 1 t 1 1 a 1 1 1 1 i F I ' 1 j r I 1 1 1 1 I i r l 1 ' ' 1 1 1 1 I 1 ' 1 ' r4l %a 0 In in In el 1 to a a§ r o a 1 ' ® in in 0 a 7 a I m ' ri rl 1 Ln 0 ' In 0 ® al i O0 NO 1 ' 1 1 SE ' 1 H 1 1 i ' 1 ' Ln ce 1 i a •• 1 i N N 1 1 1 1In1 i 1 1 1 1 1 1 ' 1 N t oil I 1 ' I 1 I ® 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 t 1 1 1 1 1 I oil@ ; N 11 1 1 Nil SHIRR 1 1 ® 1 F F 1 N ' 1 1 1 N t 1 ' t 1 1 jN r! 1 1 H 1 ' 1 ® I 1 i I 1 1 N 04 1 1 1 Page 253 of 754 Date: CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 2-Oct-17 Requestingtil' i Engineering Angola CRS Max Consultants, Inc. will continue workingi ity's National Flood Insurance Community i ( f '/ ) to improve ity's CRS Classification. The scope of servicesill cover the fiscal year of 2018 (October 2017—September 2018). Piggy-Back County 7177 CNI50249 es 1 u •c Source for Purchase (check and attach backup II r - fb ): UrC T Written Quotations State tMe Contract PRIDE/RESPECT SNAPS Sale Source Piggy-Back u Item Emergency n Purchase her Contract Number Lee County Contract# 7177 CNI1 i Pricing proposal fbr purchase must be presented In the some detall nod within the contrauL 401-2821-536-49-17r - ................... w Department'Purchas in / _ Date 7Z41617 Asst City Manager Bate - • ty Manager yDate FormR 02101/02 __ Page 254 of 754 REQUEST FOR REQUISMON ILT.K ENTRY DATE. 110=0171 H.TJL.RIzQMM0]N# 69875 TP Dirce city midi�(nan 16601 erI UJ 1 $500 g:. CRS Max Consultants, Inc. .III continue workingt the National Flood In Community tin System( I I )to Irn prom the City'sI i t n.The'scope of services will cover the fiscal year of 2018 (October2017_. —. epee _ r 1 _. Lee County7177 CN150249 VENDOR INFORMATION: DIMISION: OTHER INFORMATION: _...... ..,, ...... 31. 71 ................t ..............._ n 6—e A .. Obite Needi&' I Confirm. ( ) Coconut Creek, FL 33073 Cust. Rel. Distribution ( } BACKUP DOCS. SE V�ERY: _ _ • Phone( ): I r 1, .. Quok%Nerbal E.Aa rn. 4 r hone:964-421-7794 Pumping Fax: Vendor u r. 71 T .. ...M. Bid Docs. 42 _... hover_ $2000 Meter Serv. Sole Sourcetr. ( ) PIU 99 INITIATOR: Angola Prymns, P.E., Senior SewageO In uranceOSpecial Ins Project_Man or uIrements. APPROVED® Strmwtr. { ) Projectu r: I County Contract . u n. nrice e Fund _ a umber s Elem _. mount _. 1 $5,970.00 CRs Continuing Consultant Services 401 2821 t 536 49 17 $5,970.00 E 1 1 Flood MkWtion ...P A Plan Update Services 1 1 17 1 Total l�� € »®® . 00 Page 255 of 754 Krasnoff, Leah From: Triestman,flyse Sent Monday, r1 , 20179: P • Krasnoff, Leah Subject: FW.Your Contract No.7177/Sol. No.CN150249 - Misc. professional Svcs. For FEMAINFIP/CRS -CRS Max Consultants- PLEASE REPLY Approved 1. See attached needed to process the Utilities requisition. Thanksl IlyS IlVse Triestman,CPPO, CPPB, FCCN Purchasing Manager �. Financial Services City ntBeach 100 E. Boynton BeachBlvd. Boynton Beach, Florida 561-742-6322 63 Tr 7 - Tries ni fl. C :// ynton-beach.org/ 017 America's the Gulfstream Please vis that Floridas a broadpublic records law and all correspondence to me via email may be subject t disclosure.Under Florida records 1 ,email addresses are public records.Therefore,y r - ail communication and your e-mail address may be subject to public disclosure. Brewer-Dano,J l r[ aiio:J r- ! v. ] Monday, o r 16,2017 3:03 PM :Triestman, Ilyse<Triestmanl@bbfl.us> r z, Michael< l .c >; Khan, Dianac n ! .co > Subject. :Your Contract No.7177/Sol. No.CN150249-Misc. Professional Svcs. For I / - CRS Max Consultants-PLEASE REPLY Good Afternoon Ilys , Attached is the approved change order for CRS Max.The newexpiration Is 6/15/2019. Please let me know if you need anythingelse. Have a great rest of the dayl Jennifer r r-Dano Contracts Analyst Page 256 of 754 Lee County Procurement Management Monroe r t, Floor Fort Myers, FL 33902 239-533-8881 Office From: Nevarez, Michael Monday,Octo be r 16,2017 2:40 PM Brewer-Dano,J nni rr er ano��leegov.co > Subject.,FW:Your Contract No.7177/Sol. No.CNIS0249-Misc. Professional Svcs. For FEMA/NFIP/CRS-CRS Max Consultants-PLEASE REPLY HI Jenn,can you send the roved renewal Change Order for CRS Max to llyse below. Thanks, Mike Pdovarez, MPA Contracts Analyst Lee County t Management 1500 MonroeStreet,0 Floor Fort ye , Fl. 33902 239-533-8881 ice Idevu201MV From:Khan, Diana Sent: Monday,October 16,2017 2:14 Nevarez, Michael<_®Neva rezahc'Jeiti-,Iq > :Your Contract No. 7177/ ol. No.CN150249-Misc. Professional Svcs. For FEMA/NFIP/CRS ,, CRS Max Consultants-PLEASE REPLY Mike, Pleasesee below. Thank you, Diana Diana Division of Procurement Management -239-633-8854 F- - - -2 - 3 dRhan@k@ggv&M biddingLee County Procurement Management launches electronic Fort Myers, FL, June 1 , 2017 Lee County Procurementnt has launched I i bidding system to streamline the way the Lee Countyo iness with its private-sector vendors, Page 257 of 754 Vendors can log onto w Aff.lee g2v corn id to register and search for bid opportunities.All suppliers, including those aI ready registered with Lee County Procurement, will need to register int new system. Vendors will benefit from the electronic procurement system because it • Will reduce vendors'cost when they respond to County solicitations by eliminating paper bids and allowing for electronic submission, • Allows for instantsubmittals to the County, reducing the risk of late submittals; • Allows vendors to manage and update their profiles and view current and awarded 80110itations around the clock, • Sends automatic notifications to registered vendors when a new solicitation is advertised: • Sends insurance expiration reminders to Procurement staff and vendors by email; • Allows vendors, County staff and the public to view solicitation and contract files online anytime. Vendors may call Lee County Procurement Management at 23"33-8881 or it 2MggE0MAn1@1qgg2j=. From: Tri n, llyse [M_4!lto:Tri es ...,tmani(�ibbfl,, ., ........ LL_,.usl Sent:Friday, October 13, 2017 3:51 PM To:Khan, Diana< n I v. > Cc:Krasnoff, Leah< Subject: FW*Your Contract No.7177/ I. No.CNIS0249-Misc. Professional Svcs. For FEMA/NFIP/CRS-CRS Max Consultants-PLEASE REPLY Good afternoon Ms. Kahn—I am resenng this it In the event that you did not receive it or misfiled it. I am emalling you as your name is listed an the contract documents as the contact. If you are not the correct point of contact for this information, please forward this email to the individual In your office then can assist. We appreciate your prompt attention to this it request so that we may proceed accordingly. Should you have any questions or require any additional information,please contact me per below. Than you for your consideration and assistance, llyse (lyse Triestman,CPPO,CPPB, FCCN Purchasing Manager Financials ices City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 561-742-6322 EO Triestmanl@bbfl.us http://www.boynton-beach,org/ America's Gateway to the Gutfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 3 Page 258 of 754 From:Triestman, (lyse Sent:Wednesday,October 11,2017 4:44 PM To: 'DKhan@lee gov.com,<DKhan @lee gov.c > Am Subject:Your Contract No.7177/Sol. No.CS0249-Misc.Professional Svcs. For FEMA/NFIP/CRS-CRS Max Consultants Good afternoon Ms. Kahn— The City of Boynton Beach intends to piggyback the subject Contract with CRS Max, however,we need a copy of the renewal documentation—letter and award/agenda report/contract amendment...The documentation that we have only reflects the original award term thru June 2017. 1 attempted to locate this documentation on your purchasing site but was not successful. We appreciate your prompt attention to this request. Thank of -Ilse Triestman Please noW,Florida has a very broad public records low,most written communications to orfrom Coursy lo"and'-4--clals rerdng'Counly ess public records available to the public and media upon request.Your email communication may be subject Empto public disclosure, gaibasin are Under Florida law,email addresses are public records.If you do not went your email address released In response to a public records request,do not send electronic mail to this antRy.Instead,contact this office by phone or In writing, 4 Page 259 of 754 e :b L County e to rw 6e 4-WS4014 4a BOARD OF COUNTY COMMISsIONERS John E.Manning Ofamd one June 12,2017 Cod LP a8vict rwo Larri Kkar Ms.Cathy King usbict Ttv" CRS Max Consultmits,Inc. Brian Harnrnan 3331 NW 710 Street Disirld Four Coconut Creek,FL 33073 Frank Mann Diawd RN Rager Deejadala SUBJECT: CNI 50249 MISCELLANEOUS OROFESSIONAL SERVICES FOR County Afanager FEMA/NFIP/CRS CONTRACT—C-7177 Ridmrd Wrn,Wasch CamlyAllarmy ENCLOSURE:CHANGE ORDER I Donne Mark Cdflns Hearing&offdnar Dear Ms.King: Enclosed is your executed copy of Change Order I to renew this contract for an additional 2 year period ending 6/15/19. If you should have any questions,please contact our office. Sincerely, DIVISION OF PROCUREMENT MANAGENjENT MiXe Vavxrez Mike Ngvarez Contracts Analyst C: EWAMQnD=@lg;2jerL2M Joyce Comber File P.O.Elox 398, Fort Myers,Florida 33902-0308 (2391533-2111 Intarnet address http:/AvArwAe-county.wm AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER Page 260 of 754 .. _....... _ —........................ Date -3/27/20-17 ®Omp Order 0 Supplemental Tmk Authorization N'UMWr. 1 A Chanse Order or . .SuppletnentW Task Authorizatont Dkedm for expenditures under$W,000 or approval by dw County i for expenditures between$50,M01 and$100joW or appra;M by-the Board of County Cmar4isioners fm expendflurep ever$100,WO Primary COMMI& Cathy Ying COntradFEMA/NW/CRS Pimlect Cmnultantr : / Solicitation k CM5M49 Contract 7177 t : .r NIA t Datw, May 3,2017 Fiscal stait Joyce Constser Consultant r CO-STA fthibit 4-COMM24M, TION&METHOD OF PAYMENT • . . it is Understood and agreed f consfitubm an accord andaiddactim Cathy lang May 17�2017 Name of C=s:WtanVPWvtder gYnt Name) Date AcCePted cmnuodncobellsouftnet 954-421-7794 Contact E-mail Address C.ontact Phom Number 1 PO Box 398,-Fort MyeM FL&MM-0Ms Page 261 of 754 x- Exhibit Scope of Professional Services Date 71 Choose one of the following. Page 1 of I Change Order t : I 0 SupplementalAuthorization Scope . Miscellaneouso ssio s forFHNLk/NFIP/CRS Section 1.00 Changes to Professional Services e'Scope of Professionalt forth in Exhibit' 'of the ProfessionalServices Agreement o r Service Provider,referred to hereinbefore is hereby supplorauthorized,so that the Consultant or Service shallProvider provide and perform the following professional ,or work as a supplemento,change to, or authorized ,the scope of servicese o and authorized. I o s ' rr of /1117- 511 I I I p ___._._. _.... ..........._._..... _. _.........._s Page A I of 1 .,. .._ Lee County Board of County Commiadonm Procurement Managelmmf 1825 Hendry Street-Fort Myem FL 33901 PO Box 398-Fort Myers, Rev.9/2015 Phone: ( ro Page 262 of 754 Exhibit Time & Schedule of Performance Date Ma'-5,3,2017 a �� Choose one of the following: 0 Change Order Supplemental Task Authorization ScheduleTime& r: Miscellaneous Professional ,,,,,�. J..._.�. �w Services for fCRS �.:. Section1.00 Changes for this Change Order or Supplemental Task AuthorizationAgreement scheduleThe time and of completion for the various phasesort ired to provide and perform the services, tasks or workset forth in this Change Order of Supplementalt, i ' T - e o Professionali s' s: ` l _ ._..... _ _.... _... Number of � . ......_ . [C' ._....� . $ of e tive Number of Nameftle Inckicated In ambit A t Days for�ask from I3alee tf'N Wce to Proceed . . ,..... Original 6/16/15-6/15/17 Renewal Number I : /1 -6/15/19 .....__ 1 -Fort MyeM FL 33901 PO Box 398-Fort Myers, FL 33902-0398 "fitm 91201 . _.._ aPageI of C2 Page 263 of 754 CRS Max . i Scope of Services October 2017—September 2018 ammunik The National Flood Insurance Program's Community Rating System (NFIP/CRS) is designed to reward communities r pursuing goalsr implementing floodingactivities that serve to mitigate in the community. successfully ImplementB those activities that reduce the negative impacts of flooding, that community becomes less vulnerablein reduced flood insurance claims. This i Insurance premiums. With ft assistance of CRS Max Consultants, t n Beach has recently Clan 6 CRS rating. Am a Class 6. the City of Boynton Beach same a 20% reduction r all policies whose propertles are localed withinI Flood Area (SFHA) and a 1 r policies outsideI annual flood insurance premiumi r residents andbusinesses in the City is approximately sam000. Having II r with the Cityr over five years, CRS Max Consultants Is IServices cover the requirementsI Year 2018r 2017—September ). 1) CRS Continuing Consultant Services The following If be entailedin CRS Continuings I s, as requestedCITY: Work C r with the CITYi ing CRS-services to Include t not be limited to the ftlowing: 1. Review current r r . 3. Provide ipertaining program. review4. Draft, ! revise II public outreach . S. Organize nd attend required meetingst Public Information (PPI) i nd Flood Mitigation Plan . 6. Draft i reports for Program for Public Information. 7. Be ava Ila bler presentation of PPI and FloodMitigation Plan isl . Page 264 of 754 8. Assist i u l CRS recertification. 9. Interface i ISO/CRSci ii s required. 1O.AdvIse the CITYCRS-related responsibilities. II.Notify i scheduling lin s In i scheduling requirements. 22.Review I7Ys CRS documentation and advise any required r recommended documentation Improvements. 13.Assist withImprove 17Ys CRS classification. This ill Include makingrecommendations ivii s and Improvements.. vii i cexpertise needed, and assisting i Implementation . b) Cost breakdown based on Lee County 150249 Miscellaneou Professional Services for I . Position Estknated HOUOY Total Hours Rata ® i . 00 Pro' Nian 9E_ . g 1 000.00 Cerg&d Fl_ �~ 5 5 81. Administrative Assistant . 00 Total,Contract $ =5W=O.W The most important and the most labor-intensiveContinuing Consultant i nnu I recertification, which Is mandated for all CIRS communitiesu . 2) Flood Mitigation The City of Boynton li grant develop a FloodMitigation Plan for the . In 2012 and 2013, CRS Max Consultants I the City of Boyntonc Flood Mitigation I regular basis to developI is .waS adopted by the Commissionn July 1 , 2013. Subsequently the Plans scored, receiving i , the highest-scoringI in the State of Florida in the history n f the highestscoring l ns in the nation. Page 265 of 754 I Pie CRS Program ii tin plans, also known as floodplain l updated once every fiveyears. The update for the Cityt is due before October . if the City updatechooses not to its plan, It wouldlikely I maintain s Class rating. The following li be entailedin Flood Mitigation Plan Update Services, as requestedby t : Work together with the CITYdevelop Flood Mitigation Plan Update. willi l II f ; 1. Plan, facil lead n. Ist ti Flood Mitigations . 2. Review rrent Flood Mitigation Plan and update Its descriptive . 3. Assist the FloodMitigation s in Its efforts to updateCity's Action Plan. Schedule4. ili required imeetings and a total of up to fur meetings, If deemed appropriate by the City. 5. Draft the Flood i tion Plan Update. . Finalize I available it to the Commission for adoption . Interface withI Specialists i required. Costbreakdown based on Lee County Contract 0 CN150249 MIscellaneous; Profbasional Services for 1 Cost Breakdown Position Estiamted Total Flburs Rate. I f] Prkwl- al 1 . 125.00 Pro'pct Mana er . Certified00 .� , 1 . . 3 _ ,, - 00 Assistant_ 1 .200.00 TotalConfimd $14,855.00 Page 266 of 754 'I"Is Is l cost f the original Flood MitigationI . CRS Max Consultants Is typicallyif it is successful i workingImprove l i c l . Because this will not be possiblewithin one year of the City's earning a Class 6. there Is Include is Item in the current Scope of Services. summary CRS Continuing s Services5,970 Floodit Ion Plan Update Services TOTAL 2- z - 17 Ead S. ng, Moe President Dgft CRS Max f Inc. Page 267 of 754 4 Lee County,outhwest �' s wall BOARD OF COUNTY COMMISSIONERS John nnin DAW one July 9,2015 (239)533-5450CMA L Pandergfess "Not TWO UM Kkor aftfd Thm Ms.Cathy King Bftn mammon CRS Max Consultimis hm DI&Wd Four 1 NW 71 Stwet FrankDock Dftfift F" 7 RwrDesiarwo OWMly Wager Rldmrd Wm Viescin SUBJECT. CN1 50249 MISCELLANEOUS PROFESSIONAL SEPVlcEspoR bonne Marie ®rnfl ' 1). Exmuted COPY Of PrOf0aimali ENCLOSURE(2): Profemional Swvims King- Enclosedis your executed copy of the Professionaj Savices Agremcmt for the project lmown as "Miwe1lwmx=Professional Sm-vices for . The Contmot . is Z177 and must be on all invoices. questions,If you should have any I . PROCUREMENTMANAGEAUMs Procurement mamwer 4 Project File Ci 8 I Box 388,Fort Myers,Florida 33902-0308 ( ) 2111 Intemet addressh a/ u EQUALAN OPPORTUNM APPIPMATNE ACMN EMPLOYER Page 268 of 754 MMS ®s PROFESSIONAL SERVICES AGREEMENT is made and entered into iday o f c Board of County Commissionenpolitical ivisi ofthe STATE OF FLORIDA r " and CRS Max Connhan* hereinafter s Inc., WITNEBEETH WHEREAS,the COUNTY ' s to obtain the professional services of said CONSULTANT to provide and professionalperforrn i a Project to be refermd. to and identified ! l ;and WHEREAS, the CONSULTANT hereby certifies has been granted and possesses valid, curmnt licenses in in the State of Floridain Lee Couaty, Florida, issued Mspeetive State Boards and Goverment Agencies responsibleC regulating and licensing ssi services V e y the CONSULTANT pursuant to this Agreement;and CONSULTANT has reviewedprofessional samices mquiredt and I ified,willing and ableprovide and parfbnn all such i in accordam with the provisions, conditions and terms hereinafter set fbrth;and engagementWHEREAS, the selection and of the CONSULTANTthe COUNTY i accordance with the provisions of the Consultants' ` 'v a 'on Act, Chapter 287.055, Florida Statutes,and in accordance with applicable Lee County Administratives. NOW, IMMEFORE, in considmdon of the mutual covenants, s and provisions contained herain, the parties agree as Mows- 1.00 CONSULTANTes to provide and perfonn the professional services completee services and work as sat forth in attwhed EXEMIT "SCOPE, entitled PROFESSIONAL ". The fbIlowing definitionf terms associated with this Agreement is provided to estabfish a common undet-stisnding between both parties to this Agmement as to the intended usaM applicati and i t, ' 2 The term COUNTY refers to c Board of County Commissionersf Lee County, a charter County and political ivisi the State of Florida, yofficial or anployeey authorized to act on the behalf relative to this CONISIVILTANT The term CONSULTANT n&n to the individual offiring professionalis `o i a is legally liresponsible, liableperforming y 10/25/13 Pap 1 Page 269 of 754 and aIl of the services, work and materials, including services andlor work of sub-consultants and subcontractor%required under the covenants,terms and provisions contained in this Agreement. 1-02 2&QEE&UQNAL HZMP.S The ft= PROFESSIONAL SERVICES refers to all of the services, work, materials and related profbsolonal, tachnioW and admiaistrative aWvWcs to be provided and performed by ft CONSULTANT and its employees, including all sub-consultants and S engag6d by the CONSULTANT, to complete the services required pursuant to the covenants,terms and provisions of this Agreement 2.04 SIM=CQNS The term SUB-CONSULTANT refers to any individual or firm offering professional services that is engaged by the CONSULTANT to assist in providing and performing the professional services, work and materials fbr which the CONSULTANT is contractually obligated, responsible and liable to provide and perform under this Agrmnent, The COUNTY may not be deemed a party to, responsible or liable for, or assume any obligation whatsoever with respect to any Agreement between the CONSULTANT and any SUB-CONSULTANT. 2M SUBLONTR&CM The term SUBCONTRACTOR refem to any individual, company or firm providing services other than professional services that is engaged by the CONSULTANT to assist in providing and peribrming services, work and materials fbr is the CONSULTANT is contractually obligated, rasponsib]C6 and liable to rovi& and perform under this Agreement. The COUNTY may not be deemed a party to, responsibfe or liable for, or assume any obligation Whatsoever 1br any Agreement between the CONSULTANT and any SUBCONTRACTOR. The tam PROJECTrefers to such facility, system, program or item as described in the summary statement set forth in the Preamble on Page One of this Agreement. BASIC SEIMCES The term BASIC SERVICES refers,to the professional services set fbrth and required pursuant to this Agreement as dewribad in furdw detail in the attacheid.EXHIBIT"A". 2,Q8 JAJDD1U_Qy,&SERVICES 'Me term ADDITIONAL SERVICES refers to such professional services the COUNTY may request and authorize, in writing, for the CONSULTANT to provide and perform relative to this Agreement that am not included in the BASIC SERVICES. Additional services must be authorized by both parties through execution of a Change Order to this Agreement. 2.2 QIANM QRM 'The tenn CHANGE ORDER refers to a written document, MANGE ORDER AGREEMENT, executed by both parties to this Agreement setting forth and authorizing changes to the agreed upon Scope of Proksalonal Services and Tasks, Compensation and Method of Payment, Time and Schedule of Performance. or Project Guidelines and Criteria as such were set forth and agreed to in the initial AGREEMENT, SUPPLEMENTAL TASK AUTHORIZATIONS, or previous CHANOE ORDERS issued ® The CHANGE ORDER document,which must be executed on a Lee Cou*standard form, will set forth the authorized changes to the- scope of professional services,tasks, work or materials to be performed Doe: 100113 Page 2 Page 270 of 754 or providedrmethod of payment; the schedule or firne period r performance and compleflon;and the guicfelines,criteria and requirementspertaining . CHANGE ORDBRS will be identified as fbilows: (1) Owner . Them will services. )Changes due to designor omissions: Design servicesr these will be at no cost to the. resultingCounty. Change orders li n the part of the CONSULTANT team may be full,required to be paid for by CONSULTANT in including equi . (3) Changes duo to differing ssite conditions: These will be additional services. The CONSULTANT will review all change orden and make recommendations to the County. The CONSULTANT will periodically reviewi change orders and the pro er dispositionf. The CONSULTANT will 1 or costs of that portionof any CHANSE ORDER that the County woulde borne in the absence of any errororomission or otherwiset" of the project The amount of the change in coatract compensation and time set forth executed and issued under this1 be understood and agreed by both Parties to this Agrew=t complete.to be fair, equitable, adequate and The changed i ! be undmstood be the total o i incl 1` ' to any and all direct costs, indirect costs and associated costs that may result from or be caused by the Change shallOrder, and be understoodinclude ' , equitable and adequate adjustmeM to cover CONSULTANTS general administrative and ovatcad costs and profit. In the event the County decides to deletei , or Requirements in the initial Agreement, Supplemental Task Authorization or previou Change Order, the COUNTY may o so by the unilateral issurme of a written Champ Order to the Such it l issued l ad forth.if appropriate.(1)an agreement by both the COUNTY and the CONSULTANT establishing in the amountof compamisation.to be paid e CONSULTANT as a result of the deletion or decrease in servicesor,( ) ` an agreement concerning compensation, it issued Chimp Order shall set forth the basis used in subsequently considering, r ) in the compensation to be paid the CONSULTANT. The failure n the part of the CONSULTANT to execate a Change Order issued unilaterally by the COUNTY to cff=t a deletion or decrease in the,servicesu' 1 have no affect on or otherwise prevent the COUNTY from exercising its rightsthe stated deletion services to be provided or pmfbrmed by the CONSULTANT. Should issi or conflicts in the drswings, specification or other Contract Documents prepared by r through the CONSULTANT be discovered, T submit the CourrtN within five working days unless i or' , such amendments or supplementary documents to address the errors, omissionsprovide required, ' 1 make no additionalcharges to the County. SUEELEORHAL TASK A= Ile term Supplementalt executed by both parties to an exisft Professionali vi r Agreement, setting fbrth and authorizing a limited mumber of ProfessionalServices, tasks, or work. Such Supplemental Task Authoriza- tions ' ' uincluded i f services in the initial Professional Services Agreement, or Service Provider Agreement for which previously v or .1 DIRECTORThe term DEPARTMENT of the Deparftnent requesting the savice, employed by the Lee Countya issi oCOUNTY'S /1 Page Page 271 of 754 AnAQEDffiff . i T-Q IP iFEM&NFIP/CRS r CONSULTANT (A separate Attachment . 1 should be included � � �e Current ' i � T ad Position or Cleasefication Payroll AverageTo Bye Ch d .. be � ned), . ! F, .p ' * ( of l ****Principal 1 . 1. 1 ** * Manager $100.00 1. $100.00 Certified i Floodplain Maniqer $30-00 .7 $91.00. i ""AdmiWstradve Assistant1. I I h i I r ""This position is currently I basis.an an hourly This eithwte is upon market value. I I �ao<<<<. u a �....... . _ � *NOM Direct Payroll hourly rata means the actual gross hourly wage paid. multiplier indirect personnel costs, geneml administrative costs,and*of!L el hourly raw schedulen HzW inIkildbit "- 3 OW25101 Page-L of Page 272 of 754 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EATONTO BBEACH3BOULEVARD ; 180343 Y T N BEACH, FLORIDA 33425-0310 : 10/20/17 VENDOR 11903 T : TO: MANSFIELD OIL COMPANY City tBeach P.O BOX 733706 PUBLIC WORKS DEPARTMENT DALLAS, TX 75373-3706 222' N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 E��.UI ITI ss -ORDERING PAT E T: FLEET [" DATE NEEDED: BID NO: i COMMISSION APPROVED: EXTENDED � LINE# QUANTITYITEM NO. AND DESCRIPTION 1 17598. 76 377 1.0000 17598.76 NET GAL • 69 DL UNLEADED FUEL'"DRL-i :.. •":1...•/1..0 . 1.0000 4484.69 T GAL 1.0000 16966.24 T .. ;:,• T' . ?" '. . 1. . 91 r 1 CUE VICEP.O. TOTAL: 39049.69 ACCOtINT NO. PROJECT 501-2516-519-52-10 I PURCHASING Page 273 of 754 r r I , rw 1 , ; . I ' 1 , I I I I , 1 lLn .0 Ch 0 1 , 1 1 a , , I I I I 1 , 1 , 1 , 1 , I I I I I ' 1 , E r rT i 0 I r I ' an ko Chi iCh 9F i ra H rr Y rw f I I ri I I , , Fa 1 1 0 HE 0 0 0f y OI W 1 d O U,H a N 1 ri ra .-! u of I O 1 yj H i __ m 1 rl ! 1 1 , H H H i i t• .:: Vic.:.... I di I , H I fA qv Ch 1 H 1 h qF w , E 1 H ri 1 1 I I I H I I , 1 i ' rU E i + H E ' ' 99u DoH ' Y H E-4 paimpav)MM H + rU EYp i 'H a ICT r 1 HHH�HH H i I A194 I 1�1 F4 0 • 0 . I a a a O 1 ri rt mow. I E ° i ,41H �+ r°I i W C) C71 1044 U r G4 Yi or] i r G H E 4r M' to aa°� aa�' pa: ; c 0 o y chit W i RHO �i pgHa aHa ; pq M N SrIV cn � o •• I A ri A , Erb un Ln jiQ! apC� PaoA A 8N CA civ +1tr w H i Cs a° i rj o 0 o Rhx 1co fit„ H i u1 Ln u7 O H 41 H I Pq [Q i N I+} ; H ri Cl Irl .i .4 a 1 1 a ' ' Page 2,74 of 754 I� MEMORANDUMThe City of Boynton Beach Tim i nCity Manager Jeff Livergood,Director of Pub' i orks and Engineering Bill Darty,FleetAdministrator October ,2017 1 Ordered Without Purchase Order Fleet ieac ordered l an ore than one occasion out an approved u order r the newphysical year.We have continue to order fuel from an approved a of Florida Purchasing n vendor (Mansfleld Oil any) as we have over the past year so we can maintainan appropriate fuel inventory level to meetthe City of Boynton Beaches daily needs. As we have had issues during the last two hurricaneour fuel needs met while using Mansfleld Oil Company,we have recommended with the assistancellyse 77riestman to piggyac the City of DelrayBeaches contract c il!an Oil Company,this piggyback has not yet beeno commission and we were instructed o continue to use Mansfleld Oil Company until the piggy and purchase order for McMillan Oil Company has been approved. A new blanket purchase order was not created for Mansfleld Oil Company in the anticipationus using McMillan it Company which has created the unfbrtunate circumstance that we now have no blanket purchase order fbr any fuel vendors. AIABRIOA'S Page 275 of 754 CITY OF BOYNTON BEACH REQUEST FOR PMCHASE OVER $109000 10/17J2017 Requesting : Public Works Contact Person: Bill Darty 'Explanation State contract purchase of I for Public Works Inventory to support daily . Vendor- Mansfield Oil Company r A mount of Purchase $39,049.69 Source for Purchase (check and affach backup - : Three r n Quotations State Contract PRIDE/RESPECT SNAPS Sale Source Piggy-Backu Item Emergency u Other Contract Number: 405-0000-10-1 NoTE: Pricing proposal for purch a a 9 must be p resenlied In tha some detail contained wlthln the conbect. Fund Source r 501-2516-519-52-10 Department Head Date 1 1 D 11-7 Purchasing -_ t m Asst City Manager Date City n r t F® 0=1/02 Page 276 of 754 ttttPLEASE PAYtttt tttFROM THIStt tt ttORIGINAL 9 1 rr2- ttttt II ttttt �'�y I [ �' # SN39SCA SHIP TO: REMIT TO: c+ MANSFIELDCITY OF BOYNTON BEACH iI 222 NE 9TH AVE PO BOX73370 'lDALLAS, TX ow .., 706 1 BOYNTON BEACH, FL 33435-3140 I 58-1091383 ACCOUNT # 32146-01-504395BILL -® ORDER # . CITY OF BOYNTON BEACH 22 NE 9TH AVE ------------ CONTROL # ----------- 504395 BOYNTON BRACH, FL 3 I . REL # DEL DATE INV DATR -------------- _______________ --------------- ------- ---------- Net 30 SUN FUELS INC -72 10/04/2017 10/06/2017 B/L I TPRICE AMOUNT - 70 7 /1 04:47 500 377 1. 77500 ___ ® - 1 ,052. 2 GASOLINE FREIGHT 500 5306 215.10 PALM BRACH 00 GAS TX .194000 1,62S.14 FED C LUST GOVT T v .002000 8.38 L INSPECTION .DO12SO 20.47 PL MTR L TAX .174000 2,457.60 L POLLUTION071 173.52 PEI) 9NV C FEE .001926 16.13 PUMP OFF 4.00 DUE DATE 11/05/2017 $17,598.76 PLEASE SHE UPDATED BANK INFORMATION I " " SECTION ABOVE] THANK YOU. Page 277 of 754 SOLD T / PLANT IDN 0000OA7 + ` PO 0 F u : 10/004 1-43=4 MANSFIELD OIL COMPANY OF 0000106305 I 1 t : 1025 AIRPORT PKNY SW 115D Spangler Blvd. GAINESVILLE, Gh 30506 Ft. Lauderdale, FL 33316 MANSFIELD 0000365769ExxonmobLY-011-O—oxporation MANSFIELD 22777 Springwood Village /U FORT EVERGLhDES, PL LOAD I ® LOAD OUT Spring, TX '77389 FORT LAUDERDALE, FL 33316 T R r..ili _® M 0435081694 04:47 05:01 10/04/17 10/04/17 MAL ffAL TRNS CODE. 530 : 2380 4343 -5401570 COWAINMTVPE t I r i 1 TANK....... a 1203, GASOLINE, 3, P.G. II 8500S GALLON FOR PRODUCT EMERGENCY-SPILL,LEAK,FIRE, OR EXPOSURE,CALL CHEMTREC 9004124-9300 DAY OR NIGHT,CCN687006 L SEE REVERSE SIDE t .INITIAL EIVIERGENCY RESPONSE GUIDEI METER# MATERIAL* MATERIAL DESCRIPTIONGROSSP. GRAVITY.. .�_._.�_.,,... ®. ........ . A. ...-----------..__. Bay-03 101318 87 OCT CQ 3,SWID112ETOR4800 61.0 61.7 4730 0 -01 103685 87 OCT CBOB - BASE 4320 4256 0 -03 106268 ETHANOL,N0 RIMS TRANSFERRED 480 474 say-03 101368 87 OCT02 3700 80.5 61.7 3647 03-01 103685 07 OCT - BASS 3330 3282 03-02 106268 S TRANSFERRED 370 365 I ----- ----- Total Gall 500 9377 IS PRODUCT IS CONVENTIONAL GASOLINET IT I IPRODUCT DOES NOT MEET THE REQUIREMENTSGASOLINE USED IN ANY REFORMULATED . E10: CONTAINS 9 MD 10 VOLIk ETHANOL. This volume of neat or blended ethanol is designatedintended for use as transportation fuel or jet fuel in the 48 U.S.contiguous states and Hawaii. Any person exporting this fuel is subject to the requirements f 40 CPR 80.1430. DOR LICENSE # 1 -5401570 CONTAININ COMPLIANCE I S AS COVERED UNDER EPAIS -STATE FUEL WAIVER ISS /31/17 AND ANY ASSOCIATED STATE-WArMB, AS WELL AS ANY LEVEL s TO THOSE WAIVERS.R EXXQNKOE1L IS RESPONSIBLEFOR COLLECTING AND REMITTING THE STATEL TAXES. ALL DOT SHIPPING INFORMATION CONTAINED ON PAGE NO. 1 PAGE N . 1 ORMJI rb.IANAF DRIVER SCAC FEIN Carder has loaded and accepted the named matedalff arid °,. F-P 6 c:.IS PARRA 11556 SCCP 0260116405 cartMes that this shIpment Is properly placardedthe in Y- TRAILER 1:11305 supplied for this shipment Is a proper container for the transf:ortatlon CARRIERFRET thisof ItD.O.T. 1 Io F INCr I 1 I r Ion r. '- .O r SUN his document. 5333 US L t TAMPA, FL 33619 10/04/17 (813)248-9804 I AGE SIC , : _ ���� hof 754 ++++tPLEASE PAY +tt +tt+ FROM THIS +tt tt+ttORIGINALt + ++t INVOICE t + INVOICE 513103 SHIP TO: RZMIT TO: CITY OF BOYNTON BEACH MANSFIELD 222 NE 9TH AVE PO BOX73370 DALLAS, TX 75373-3706 BOYNTON BEACH, L 33435-31 58-1091383 ACCOUNT # 32146-01-513103 ORDER # ILL CITY OF BOYNTON 222 ------------ CONTROL __-______ 13103 BOYNTON BEACH, FL 35 TERMS: SHIP VIA: TERMINAL- L DATE INV DATE -------------- __®____________ _ 30 SUN FUELS INC , 335- 10/10/2017 10/16/2017 /L NO DESCRIPTIONPRICE ! _7___L__/10-______®_ 14.37 06:34 2200 2166 1.651900 3,57 .02 FREIGHTGASOLINE 2200 55.67 COPALM BEACH .194000 420.20 FED C L .001000 2.17 L INSPECTION 001250 2.71 FL MTR FUEL TAX .174000 376.88 FL POLLUTION T .020714 44.87 FED ENV C FEE .001925 4.17 mmmmummmmommwo DUE DATE 11/15/2017 $4,484.69 retain from 1 332009 PLEASEnRBMIT TO" SECTION ABOVEJ THANK YOU. Page 279 of 754 SOLDTO/ T IDN 00000A7 92HIRAM PO# FOLIOM 10/010 1437864 HANSFIRM OIL COMPA14Y OF 0000106305 SHIEMINTORIGIN, 1025 AIRPORT PKWY SK 1150 Spangler Blva. GAINESVILLE, GA 30506 Ft. Lauderdale, 33316 SMEM. AM-10A MANSFIELD 0000365769 01 C ora ) MANSFIELD22777 Springwood VillageParkway /U PORT EVERGLADES, PL L I l LOAD OUT Spring, TX 77389 FORT LRUDERDALE, FL 33316DATE: DATE: 0435081694 06:34 06:47 10/10/17 10/10/17 530 SEQ#s 4758 4343 1 -5401570 CWTAMEN TYPE mmemadm NKAMPM v M am PmMaersapar MUL Anam DUN 1 CARGO TANK UN2 203, GASOLINE, 3. P.Q. II 0500 GALLONS FIRE,FOR PRODUCTEMERGENCY-SPILL,LEAK, WK. SEE REVERSE SIDE FOR HAZARDOUS WARNING,I L EMERGENCY RESIPONSE GUIDE(MR612111 AND OTHER INFORMATION. METER MATERIAtIP MATERK 90CRIP71ONdROSS TEMP. GRAVnY NET BOY-01 101368 87 8 4800 82.4 60.7 4726 02-01 103685 07 OCT CBM - BASE 4320 4253 02-02 106268 2THANOL,M0 NINE TRANSFERRED 460 473 Bay-01 101368 87 OCT CO 3.SW%02BTOH3700 82.5 60.7 3643 03-01 10368S 87 OCT CBOB _ BASE 3330 3278 3-02 106262 68 ETHANOL,110 BINS TRANSFERRED 370 365 ®_®®® ----- : Total Gallons: 8500 8369 THIS IS CONVENTIONALDETERGENT ADDITIVE. IS { GASOLINE USED IN ANY REFORMULATED GASOLINE . If 10: CONTAINS BRTW= 9 AND 10 VOL% ETHANOL. This 1 of neat or blended ethanol is designated and'iftendedfor use am transportation fuel or jet fuel in the 40 U.S.Contiguous states and Hawaii. Any fperson exportings fuel is subject to the requirements of 40 CFR 80.1430. DOR LIC SE # 1 -5401570 "NAY CONTAIN 13 RODUCT IN COMMIANCED tINDER PA'S I-STAT ISMIED /31/17 AND ANY ASSOCIATEDA WAIVERS, AS WELL AS ANY EXTENSIONS TO OSE .- , EXXONWBIL IS RESPONSIBLEx 'x STATE MOTOR FUEL TAXES. t j n , j S e45 4 v4wdl rl 6,7e )r r�, ALL DOT II INFORMATION A PAGE N . 1 PAGE NO. 1 DRIVER E DRIVER# SCACFEINCardw, has loaded and accepted 1he above ..._.�named materials and .7 IS PAIUtA 11556 SCCP 0260116405 cartifts that this r the container TRAILER1:11305 supplied for this shipment Is a proper container for the trap nation CARRIERI of t un regulations. Driver P WIldges SUN S I Gilds1 Informal: 5333his document. side ot # TAMPA, FL 33619 • 10/10/17 (813)246-9804 �� of 754 tttPLEASE PAYtt ttFROM THIStt ttORIGINALt t INVOICE tttt INVOICE # S15491 I . CITY OF BOYNTON BRACH MANSFIELD OIL COMPANY 222 NE 9TH AVE PO BOX 73370 DALLAS, TX 75373-372 BOYNTON BRACH, FL 33435--3140 FEIN 58-1091383 ACCOUNT # 32146-01-515491 ORDER BILL . CITY OF BOYNTON BRACH 2NE 9TH AVE ------------ CONTROL # ----------- 51 1 BOYNTON BRACH, FL 33435 T VIA: LDATE INV DATE -------------- z-------------- --------------- ------- ---------- ---------- Net 30 SUN FUELSINC , L 33S-713 10/11/2017 10/16/2017 B/L NO DESCRIPTIONGROSS -------- ----------------------------- ---------- ---------- --------- ------------- 2 CLEAR 10:20 7 OO 7411 1.923100 14,177.98 DIESEL FREIGHT 7500 .020639 214'.79 FED C LUST GOVT T .001000 7.41 FL LOCAL OPTION TAX .244000 1,067.18 FL MTR L TAX - D .174000 1,289.51 L POLLUTION TAX .020714 153.51 FED ENV REC FEE .002140 15.86 PUMP OFF 40.00 mmmmmammmmmomm =JE DATE 11/15/2017 $16,966.24 FUEL SOLD AT A TAX-EXCLUDEDI CERTIFY CONTAIN VISIBLE . PLEASE SHE UPDATED IN THE "REMIT TON SECTION ABOVE1 THANKK YOU. Page 281 of 754 Tr nt i Partners L.P. r Numbers r: i Port;EVerIlides Northi 917rder Date.- 1 111.117 Start- 10.-20 11!117 2401 n r Blvda olio ri 1018011 1 i0/11117 10,43 Ft LauderdaL t ' FL 1 .., i Serial r: 'T s or o r/ 5 r Acce'unt/Convi, n .1 RECEIVED T i { E : i { T INC EX% I TI L IL' I : ! 1 Trailer : 50804 1 Tractor Ito M` t Tt { i Countyl { Petroex 40SBIE Conzi net # 9010339 { DRIVER. POI MANSFIELD T t "12111670It W L I Dmt!Aa ion EPA I I VARIOUS, FLp ------------ -----__--__—_ --_-___--------___-------_ ---------- ........... BELIE" TI r Thin i to certify tkat the herein named eaterialsr ro ly s iii cr , c ' r , labeled, are in r r Tl itis for r r ABOVE SUPPLIERI i cclr i PLE TI tic 11 Tr l i f r tTransportation. BOL. Cl ON NOTORAEL . INARMY t t I ------ —___ - ----------------------------- M--- ----_---------- ------- __ _----- ----- f.—_.._TDESCRIPTION 'OCT T LL04 12 DIESEL {i } V 7411 10 aeoe t rDIESEL 11" 17 rp Tank USE EN 11 '1 , 11 e Nos NEM 1542. UNDYED DIESEL FUEL I TAX IMPOSED. LOU SULFUR DIESEL FUEL 'SMIED MEG NOT CONTAIN V1811KI EYIDENCE OF . } I DIESEL Y CI IM "THE AIM CNM ALL LI tI SUPPLIER NCE �I f T I F t' AIWARN AS PER ASTH DM. ew UNDYED Is I , 15 PPH SULFUR [ } YDIESEL 1 L DIESEL T IM1---v .__--___---- --- ------------------ T BY COMMENT--------------------------._-_:—_.-__------------- ---- L T CONP - RISER MDUCT-11T NAME BOB NET '021 22 UL4342 #2 I ESEL L ti }V NVY 1 1' T . 7. 03 R3 UL4342 #2 DIESEL (1 ) 910 7. -------- --- . --------------. ----------------------------- -------------------- — SWECT-TO CEMkII1;CTIDN QF CLERICAL MRS CUSTOMER SIONATURE X � X .4,A& -7-7.5�7/3 Page 282 of 754 • r . Transib tag_ Partners L.P. • r r tAM P r 0019917 Order t s 1111 L rpt: 111117 r 1° i, r Blvd Folio rs1 Lo t 10111117 i ff 1rFt � waud dais FL �. , _ Ifillut r i 1 . t La° `a s. --______r_ c tt _ _-----.----__r__I ca T171594 SUN FIELSt amp YL TI I 1 TracUK tor Is Ttailer Is E11101NOPIL CORPORATION t ! untyl 11 rsx i asin001033V DRIVER pot IIANIFIELD OIL-T iaai1 1 j . . L t s . i i V I ________ _ __._----___—_----__ DELIVW INOTRUCTIONGi This c r ify t i ri r r rl classified cr , kA And in BOL r r t ' iti n far t r SUPPL ER t i tri E I 11 STATEDON x L r at f Tran r tion.ABOVE ° a are ------ NEC ------1-T1------ -----------.-------- % S )-j--- --------- --------------------- -----_----_�_ PRODUC UL434e 12 t Lti t 71 ' Ma _MOSS NET NP MAY OCT RVP T - 1t NO'NSIt AM, DIESEL FUELI. P6 [I1, I CargoTeft AE'to OUIDE t , 1 1 a 1e1 r DIESEL1542 LWYED L1 FEDERAL TAX IMP. L T MNTAI# VISIBLE ! , 1801 KEETB ON6010HUAT SPECIFICATIONS 'T 1 -18 RESPONSIBLE FOR THE TAXES T L" 1791 DIESEL1 T D975. E200 UNDYED 15 I DIESEL FUEL. 1 (pit T -L' DIESEL L. U I L� .e...VEHICLE ... . _.--------------------------------- Y_ LOT COMP RISER PRODUCT ID PRODUCT NAME DROSS RAV — D1 23 3OL4342 #P DIES E 1 I i T . 7. L 1l P } 1 9EM . 03 23 UL434e #2 DIESEL-113PPRI 1 4, - ------------- _---_________________ __________r______ CT TO C 1 &ODRU M701ER SIGNATUREX `saI t ,w w f 0 Page 283 of 754 TrIA50000114F ftrtnerS L,P, Order husbert er® 00718 for W I- 10.119!th 1, 001?917 Order Datt.- 10idill? Load °tart® 10111117 A,rzo.,20 2-01"E2,10 ' " or $I d Filliv Number- WOO Lead End. 01411/17 10143f F1 Laq=d1li it, 4 FL MY Input serialNu0*1 0948 Order T,ps., Rach PILL OF LANNA Lupdvpv� Ift4bers Oe --------------- -------------------------------------- -------------------- Stec koij I der/Cus'ager kcount 0. IOK,050 W1514 SM FUELS C. C d9 Sfi. scp ELIL, CORPONTION I 44"WELD OIL WPM Trarcoc tor 1;r 1 Trailer fi 50604 Eylawmit CORPOR.4110-k ® patroax I W ei I COW net # 0010939 PD# I KANSFIELD OIL COVAKY/EAXIFL I Siqn&turei Teraival EPA 1 QW981870 1 Destination EPA # 1 YARIMIS, FL -------------------------- -------------- ----------------------------------- -------- DELIVERY INSIAUCTIZINS.- 10.19 11, to Urtify that the herein Ass ed voterials are properly classified described, Atka ed, sartra, and labeled, and are In PFO er condition far transportttion mordin to the I ? h Nrlicable refulm sm of the apar sent of irons BOL AMERICA, ANVE SUPPLiEk Is REAPUNSIBLE FOR DESTIN IN STATE AX 04 MOTOR FUEL eW" INERMY CNIOWIf, CNITREC 1m) 4m-fm emle 0"Iffift' -------—-------- ---------------PRODC-1 To ALS WALLOW-------------------------------- PROWT DESCRIFFION SROSS W T TINA AY OCT RVF TAK asm W"BEA(s) Ut 434p 12 DIESEJ 1151,Phl qY 11500 7411 04.0 371%. N?D 0: 1iA1q9?j DIESEL FUEL 3 P6 III, I Cargo Tank USE FRO 691DE lee T677i 7WO MSG t NESWE 154E UNDYED PIESEt' FUEL I FEURAL TAX WORD. LOW SULJJR DIESEL FUEL SUPPLIED ODES MCI CONTAM VISIBLE EVIDENCE OF DYE I 801 ETS 1 -NIPUAY SPECIFICATIONS IrRE ABOVE WFELI 19 PEWONSWE FOR IPS TAXES VV 00 THIS MOTOR FUEL' 1 ME4 1798 DIESEL NFEIS-OR EXCEEDS N.L APPLICABLE CONPLIANCEATAWARDS AS PER A870 P175. RHO WOVED Is Wit SULFUR DIESEL FUEL, 15 PPH SULWA WIJ UND ULTRA-0411101? DIESEL Fgft. FOR USE 0 ALL DIESEL VEOWt-E, 8 W FNWNES, ------------ -----------------------—4PODUCT BY ------------------------------------------- Lai LOOP RIEER PRODUtT 0 PRODUCT' NAmE BROW WFI TE I, BRAV 01 93 UL4342 #2 DIESEL 115PP9i MY LtD4 We 84.8 311.2 ------- Ole 2$ t0NE 02 WESEL 115PP111 69 We 94.0 3 -3 01 03 UL434 e DIESEL I 115pph) NY 3300 3961 4®9 37.3 ----------------------- Sia 0JELT1 IS CORRECT26P OF CLERICAL EARNS CUSTOWR 81WORE Page 284 of 754 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 180376 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/24/17 VENDOR 4625 SHIP TO: TO: INSITUFORM TECHNOLOGIES LLC City of Boynton Beach 9001 NW 97TH TERRACE EAST UTILITY ADMIN SUITE F 124 E. WOOLBRIGHT ROAD MEDLEY, FL 331 78 BOYNTON BEACHFL 33435 , ........... REOUISITION NO. 69898 ORDERING DEPARTMENT: UTILITES WWC/MR DA COMMISSION APPROVED:TE NEEDED: BID NO: ........... EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 9730.00 DL CLEAN AND TV 20-8 SANITARY 1.0000 9730.00 PIPELINES (4865 LFT a $2 ,0011j. An adit extr7 rional-�-` tubercq V.: 1.0000 1500.00 C O �SPBT-'WA"ST ER Ismps: 77 .WVILLE .IN . L LOW I TlpLW-l;`MNMW" S, OCCURING E ' .. . . . . ±X -(FKENDRiX@Aid�--.Q*-AWM) . . . .. . . . . . . . . . . . . > ............. - ------------ PROCUREMENT SERVICES- P.O. TOTAL: 11230.00 ......... ACCO LINT NO. PROJECT 401-2815-536.49-17 PURCHASING Page 285 of 754 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 1 7 - Requesting Department: Utilities : Waneya, bryant TV/Clean i inspect wastewaterll In Leisurevilleitsinkholes occurring throughout development. Cityis currentlyI I in-houseto short staffing. Recommended Vendor_ In . r. $11,230.00 Source for Purchase ( : Three Written Quotations ED GSA State Contract PRIDEIRESPECT SNAPS Sole o Piggy-Piggy-Back BudgetedItem Emergency has r Contract Number NOTE: pricing proposal fbr purchosem t be presented In the some detall corftlrwd wMin the contract. Fund Source Ir 401-2815-536-49-17 [A o Department HeadrDate Purchasing AgenV ` W.. Date Asst City r Date City n r Date Po Page 286 of 754 1 1 1 00, 1 14. RIF w ►�. i 1 1 I 1 1 low I 1 I 1 r I ® I I 1 I 1 1 1 I O 1 I i i Ln el Ch ri rq cm 1 1 1 1 1 i r 1 1 1 1 i 1 f j j 1 1 1 ! 1 1 1 1 1 1 1 1 ! 1 1 1 1 1 i 10 O 1 1 1121 10 10 10 ,w f 1 h Ifl N 1 1 r•1 go 1 j BID 1 I 1 c 1h 1 gh O j 1 � • �i 1 W O 1 G; EN1 © H 1 tri 93 to 1 O 1 Ti ri 1 i 1 1 Big In I 1 H 1 i 1 1 1 1 1 1 1 1 1 1 I 1 ' 1 11i 110 1 I 1 I 1 I 1 1 1 1 1 I 1 I I i 1 H WA ji on BIB ri let rauj 1 t[1 ! 1 I 1 1 • I 1 . 1 i 1 1 p 1 1 1 1 I 1 1 1 1 A I t I I I i t 1 1 1 j 1 1 1 i I LN IS in in 1 1 a in LOB in in r4 00 Go 74 031 f j d t 1 1 1 1 1 i 1 iw 1 1 1 1 A 144 SIR1 Page 287 of 754 REQUEST FOR REQUISITION DATE., 1002017 - i 11_11 _ _11___11.... MR __1111 1_111 City hEnw6w (non budz t ai ): REASON FOR PURCHASE. . _ __ _1111 _ rring 1 I I n in r lin !n ! u will u t ulti 1 sil o . . throughout I deveFS..__ lty I cur ly u l_to Coetempl. I_ houdue. t o.__s. i . VENDOR INFORMATIAG_N_- WON: OTHER INFORMATION: Name: lnslhftrm Adm.11 i.11 . { ) 017 _ _ . _.. rose: 1 .NW. t I rI ( ) : 1 17Confirm... . Medley, FL 3317 ust....... I® C...... _ ...._. ..ASAI P/I ...... . Distribution ( ) BACKUP DOCS. L hon (Conti ): 7 r . i _ Quote sNerbal 1111.. u pin ( ) .......1 ` ) ( ) not ri _ ... r Vendor Number': _ T t ( i o 1..___111 { } WTP 4 ...... Meter of . Ltr. ..._.... { ) 1111. P/U go ( ) . 1111.....__ IATOR: Waneys Bryant,Acting Field ( ) _. ._ Insurance _i 1 11. ions_. i I l Spac ._ .. APPROVED: r. J 1 u r _ _... u n nit s i tion u r Fun �--__ � sic f I �u -� j ou 4865LF� $2.00_12 ' Clean and TV 20-8"sanitary pipelines.e 401 2815 530 49- 1 ry P P � 7 $9730.00 PerLF Anycleaning ofadditional �.. s m luberculation etc.. Wow TAW up __i 1 - 536 17. .x 1 f _ ..........� TOTAL .. v $11,230.00 Page 288 of 754 The City of Boynton Beach NNEUMMMOMMMMMOOMMMMMUM 124 33,135 PAW(36V mxade I OFFICE OF THE DERECTOR OF UTELITIES QUOTATIONS ITEMS REQUESTED: TV/Clean I Inspect Wastewater lines In Lefoureville dueto multipleInk occurringthroughout topment. City is currently unable to completein-house due to short VENDOR#1. Insituform 1 CONTACT PERSON: Frank A.Kendrix PHONE NUMBER: 305-887-5007 ext 61- 1 VENDOR#2: Shenandoah DATE ® 09/21/201 CONTACT PERSON: Saffin—Zeb—a-rffi PHONENUMBER: 475-0098 QUOTE: $12649.00 VENDOR#3: §�&Constmcdon 8/23/2017 CONTACT ® Terry Adderhold PHONE ® -34-6686 States does of service except for part of a ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT. Page 289 of 754 a n J. From: Franklin, Patrick Sent Thursday,August 31, 2017 9:57 Bryant Waneya Johnson,Thorley quoteSubjeft FW: r mainline cleaning and televising Patrick Franklin - Assistant Supervisor Utilities Boynton Beach tee Utilities City oBeach 124 E.Woolbright Rd. ' Boynton Beach, Florida 561-742-6426 FranklinP@bbff.usI http://www.boynton-beach.org/ America'sGulfstream Please be avis that Florida has a broad public records law and all correspondence to me via email may be subject t disclosure.Under Florida recordslaw,email addresses rpublic records. ,your e-mail communication your e-mail address may be subject to public disclosure. Frorn: Frank r [malftn:Eftndrlx0aeg1j Sent.- Monday,August 28, 2017 1 : Franklin, Patrick Subject: RE: quote r mainline cleaningn isin WE can do it for /I ,with a Mob of$1,500.00.Any extracleaning ld be additional...grease tubercultation c.... Frank . Kendrix I Senior Project Manager I Infrastructure Soli n 1 NW 97'h Terrace Suite F r Medley, Florida Office:305.887.5007 Ext 615002 J it 1 www.Aegion.com en riai . o ANA E r. 10 N' Stronger.Safer.Infrastructure: i Page 290 of 754 I Aegion Is the parent company of Aeglon Coating Services,AllSafe Services,The Bayou Companies, BrInderson,Corrpro, Flbrwrap Construction, Fyfe Co., Insituform, IVITC,Schultz, Underground Solutions and United Pipeline Systems From:Franklin, Patrick[ma_Ro.Fra nkllnP� &V5) Sent:Wednesday,August 23,2017 11:10 AM To: Frank Kendrix<FKendrIW'ae.-Ion.com> Su4ject:quote for mainline cleaning and televising Hello, I am looking for a not for cleaning and televising. I have attached a spread sheet with the information.The highlight areas in red are two lines and may require two setups. If you have any question please give me a call at 561-660-1485 Thanks, Patrick Franklin Assistant Supervisor Utilities Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright Rd. I Boynton Beach, Florida 33435 561-742-6426 FranklinP@bbfl.us http://www.boynton-beach.org/ America's Gateway to the GuLfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclo-sure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. Aegion Disclaimer This email and any files transmitted with it are confidential and Intended solely for the use of the individual or entity to who they are addressed.If you are not the named addressee you should not disseminde,distribute,ret"or copy this e-mail or any attachments.If you have received this email in error please delete and notify the sender. 2 Page 291 of 754 Immillo-� SHENANDOAH] pop I of I I CONSTRUCTION IM WN-22"Sirsel @ Pompano Beach,FL 33069 (934)975-0099 Fes.(954)975-9716 DATE:September 21,2017 PROPOSAL 09079 SUBMITTED TO:Boynton Bach,City of STREET: 124 East Woolbright Road CITY,STATE&ZIP:Boynton Beach,FL 33435 PHONE:(561)742-6422 FAX: EMAIL:bryantw@fl.us JOB NAME:Clean and TV Sanitary Sewer Leigureville ATTENTION:Waneya Bryant We propose to furnish a crew and all necessary equipmerd to elm and TV 20-8 inch sewa lines about 4.965 ft.to make reconimendation for repairs.as per punch list at the above mandonadjob location.This work will be pedbrined at our fbilowing hourly and/or it prices: Clew and TV 20-8"unitery pipelines (at$2.60 Per L.F.) 4865 L.F. $12,649.00 Estimated Total: $12,649.00 NOTE: is proposal includes removal of all to debris from the structures and pipes(excluding hazardous wage),if non- hazardous contaminated liquids or solls am ancountamd,such as oil,gas,fuel,hydmulic oil,am..the customer will be required to have ft material analyzed,by an approved lab,then approved by a disposal facility,prior to Shenandoah transporting and disposing of the mataK additional cost for specialty hauling end disposal will be applied to the invoice,along with documented receipt. However,we an mg responsible fbr problems occurring during ora cleaning due to pm-existing condition,original installation or design. This proposal may be withdrawn if not accepted within 30 days.Payment terms not 30 days.(if we encounter Rn Insurance compliance fee requirement,this fee will be invoiced in addition to the above rates.) All maurial is guaranteed to be asspecified,All work to be completed in a workmanlike manner accordinS to standard practices.Price above Is only an estimate of fbreserm conditions.Unfomseen conditions can afrm the amount of time to complete the work,thomfore increasing or decreasing estimate.All agreements am contingent upon strikes,accidents or delays beyond our control.Unless noted above engineering,permits,testing and bonds an not included In the pricing.Owner is to carry fire,tornado and other necensay insunmce.Our workers are fully covered by Workman's Compensation Insurance.Parties to this proposed/contract aqwes*waive all tort claims against each other and limit it remedies to breach of contract. SIGNATURE: — SHENANDOAH GENERAL CONSTRUCTION CO. TITLE DATE Jose Vera Estimator 09/21/2017 ACCEPTANCE OF PROPOSAL/SIGN&RETURN The above prices,specification and conditions are satisfactory and am hereby accepted.You am authorized to do the work as specified. SIGNATURE: COMPANY NAME: DATE: REPRESENTATIVE: TITLE: Page 292 of 754 Franklin, Patrick Sent, Thursday,August 31,2017 9:59 Bryant,Waneya Johnson,Thorley Subject: FW: Quote for mainline cleaning televising Patrick Franklin Assistant isr Utilities Boynton Beach Utilities City of Boynton 124 E.Woolbright Rd. BoyntonBeach, Florida 33435 562-742-6426 Fra nkiin flus I t :// ono - c .or Amer1ca's Gateway to the GuLfstrearn Please be advisedthat Floridahas a broad public records law and all correspondence to me via email may be subject disclosure.Under Florida records law, email addresses are public records.Ther o ,your e-mail communication an your e-mail address ay be subject to public disclosure. Terry I ll I ] Sent: Wednesday,August 2:36 PM i , Patrick Cc., Stan Krause Quote r mainline cleaningtelevising Patrick, I just tried to call you but I decided not to leave . I received your email below from our office i Missouri.SAK doesnot perform TV andCleaning as part of CIPPlining business.We do not quote individual TV/Clean jos for clients. If you have a question or perhaps If t have misreadr email, please givecall. Thanks quote for malline cleaning n televising Hello, I am looking r a quoter cleaning televising. I have attached a spread sheet with the information.The highlight areas In red are two lines and may require two setups. If you have any question please give me a call at 561-660-1485 1 Page 293 of 754 PrattTraln Sent: Wednesday,August 23, 2017 10- Bryant Waneya Contacts r Cured In Place Pipe Lining P • I nsituform Technologies,LLC—Chrissy Koller— cc John Tcker—Ltucker@aegion.com no Trenchless Technologies So —Kevin Pawlowski-kvi &n_zg_.g_rLoc Curt Maring— lnz . r ` • SAK Construction,LLC—Tererol — ici cn.co 1` a nzo 954-973-9700 Sak 904-334-6686 cell - - II 1/s/ 17 Taralyn Pratt Contract CoordinatorVol-Ce Boynton Beach Utilities City of Boyntonf 124 E.Woolbright . Boynton Beach, Florida 561-742-6"7 I - America's Gateway to the Gutfstream Pleasevis Florida ro public records law and all correspondence to me viait may be subject to disclosure.Under Florida records l ,email addresses arepublic records.Therefore,your e- it communication your e-mail address may be subject to pu li iscl sur . 1 Page 294 of 754 Uned.- Food S . ' ' ... o No 9w SW SM Avg o 1009 sw 51 287 602602-098/096 No 902 SW t Court No, 23,86on Meo BNd 390602-6-04-016/019 2090 SW 13th U r 292,602-604w0281030 No 2,095 SW 13th ,02.604-037/036 No lim SW Lake Or . 345 602-04-045/047 2 sw Lakearde SAO No, 2093 SW LAO MCI 2 04=052/053 No so sw i ,st 2 o SM40f-WI/002 No 20M SWdoff 17 ®1 1 Z 1i 2, 113 o 1 _ _liM T rr 241 6044M5406/00 No lift AwAW 17"St 384,109 SW ISM Ave o 1 1 No 4965i'Totel Page 295 of 754 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD BOYNTON P.O. ®, FLORIDA 33425-0310 : 10/27/17 VENDOR 12357 SHIP : T TECHNOLOGY CORP- City VMWARE GOVERNMENT TEAM EMT UTILITY ADMIN 1860 MICHAEL124 E. WOOLBRIGHT ROAD SUITE 100 RESTON, VA 20190 BOYNTON BEACH, FL 33435 ...•....... r REQUISITION NO. 69896 ORDERING DEPARTMENT: UTIL ADMIN/M. LOW MR . . ATE NEEDED: I COMMISSION APP EXTENDED ITEM NO. AND DESCRIPTION 1 25. 00 EA DOCUSIGN BUSINESS PRO FOR 464.8400 11621. 00 Docusiyn, C- t 3 ' End I0/3.j./`2:)m--;6 : . 122.00 PREM.. . :. ka, .a, 14.2800 1742.16 Do . A. 10.00 KA N..,..'PER R.. .' :. '�,:': 5 0 0 4210.50 le t' lig .14p, onbt tin r .' l/. / 7•: :1 /.' MA4 SIGNING..; q r ti { y . PROCUREMENT SERVICES: P.O. TOTAL: 17573.66 ACCOUNT NO PROJECT 401-2821-. 536.51-25 PURCHASING Page 296 of 754 h Cv 1 1 � 1 1 � r I I 1 \ I I O 0 1I H r1 O ku 1on k.0 m 4 H I M H H Rp h I I H wi I I I I i I 1 ! 1 1 1 1 1 1 1� 1 1 I I I I I ! 1 1 1 1 1 1 1 I 1 1 1 I 1 I I I O 0 O I i I • • 1 O IEE 1N HL*. 1 H H E r 6 1 R N Ln 1 I ri H 1- p 1 H H 1 1 I ! I I 1 I 1 I0 0 O 1 5 1 dlco Ill 1 O 1 _ H 1 11 H �� i H cq 1 1 V RFI 1 1 d i H i P, inr i i I 1 I 10 u rHq i i a 1 I 1 O 0 0I H H r t 1 H I I H 1 N O 1 to N N ri 1 H i H i E. 1 1 03 1 I 1 I C] 1 I •• 1 s► 1 4j 4jH i i0 E r a r i Id i 440 i hH O i O • ®H O . i a 1 1 E go m i 1 Ala 1o ord r r HrO • i a 13 1 I H 11 N HI n O i r4 wfA a H I H i 0 i ri 1 I d E d i I •• I 1 8H O • H NH 1 l's I H\ Q HH® CIH \®® 1 H H I ,H i \r4 itllr•a 1 N Ncq 1 H H •d HON ! I ! 'Is •ri I N N N I H \ H.i 0 H H H iH H WH 0 $+H i H f cd 1r) —0 m 1 1 In I rr C4 m H N m ri I 1 i I 1 N I 1 H Page 297 of 754 ICITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER 000 i Date: 3-Oct-17 Requestingti!- I . LANQ lExplanation for Purchase: 'Digital i - it r GSA SCHEDULE NO: GS-35F-01 1 12/2011 / lRecommended Vendor Carahso [Dollar Amount of Purchase $17,573.66 Source for Purchase (check and attach backup : Three Written tions GSA EJ i State ont PRIDE/RESPECT SNAPS Sole o Piggy-Back u Item Emergency r Contract Number: GS-35F-01 1 NOTE: Pricing proposal for purchase must be presentedIn the some detail contained within the contract Fund Source for Purchase: 1- - s Department Head Date lo - 3 - 17 PurchasingAgent bate City Manager City Manager Date Form_ Revised 02MIM Page 298 of 754 REQUEST FOR REQUISMON H.TZ. 101312017 H.T.E. Clark: Melissa Asst:Procuremew ' Director City ( CB i $5000+): REASON FOR PURCHASE: Digital signatures clo E-Builder SCHEDULEGSA . GS-35F-01 1TERM 12/2011 1 2JI 1 VENDOR INFORMATION: DIVISION. INFORMATION, Name: Carahsoft Technology Corp. Admin. O : 10/3/2017 ASAP X) 1860 Michael Faraday Drive - ngineering Date Needed: 10/20/2017 Confirm. Ste 100 Cust. Rai. ASAP/Conf. Reston, VA 20190 i iuin BACKUP DOCS. I DELIVERY: SUBMITTED: Phone(contact): Josh Dunn Water Qual. O1 QuotesNerbal OE.Admin. ) 703-673-3636 Dov r. I - in ( u _ ri O T - 1 ( ) (over Vendor r: 12357 PWTreat. ( i OWTP 42 - O Meter Serv. Sole SourceLtr. NU 99 ( } I w ager O Insurance ( ) Special Instructions: Technical Services", z °` tr it : _r _ O Projectu r. uan. Descriptionrn C t ._.. sic l ; _ ' aunt �_ -401 .....m. ,. 25 $464.84 1 usi n Businessr ov ; 4 1 2821 536 64 14 $11621.00 ocusi n, Inc—APT-0382 Start 11/1/2017 End 10/31/2018 i- _ _ ___ ..__. i__._._ ____ 122 $14.'28Premier Support 401 ° 1 1 .1 ocu i n Inc. APT-0075j Start 11/1/2017 I. End--10/31/2018 1 1. n o In - r ck 1 1 3 j i 1 (This includes the below: 10-12 hrs ofI adoption consulting up to 20 hrs of technical consulting) DocuSign, Inc.APT-0375 Start 11/01/2017 End 10/09/2018 I Page 299 of 754 Government- Price Quotation DocuSign Government at Carahwft -"arahsoft. TO: insh runrROM, x-;`1 IM my of BeymmrLo.110 12A ELV4'wici;-t1 RdAWU 0194�WJ-®rNMOU.'00- .2,.e J& FLitvlay Drive BptWA;,,P-ekt,FL 100 PEalon,Vlrgiriia PFJ�Wj ke.;W-n, EMAIL: lawn%flibbill.us EMAIL- Josh.Dunn&srahsoftoorn PHONE: (561)7424MM FAX:' PHONE: (703)87"836 FAX. (7 03)071-6505 ® GaA SchwMe No:06-35F-01 1 101 9Y QUOTE NO,. 45805 Term:Dacernber 20,2011-Deoember 10,2021 QUOTE DATE: 011J21=7 FT1N:52-2169693 QUOTE EXPIRES, 1W1 17 Shipping Point FOB Deartinatbri RFQ NO. Credit Cards:MAIMastarCardIAMEK SHIPPING: ESD Reink To:Sarne as Above Payment Term:Not 30(On Approved Credit) 70TAL PRICE: $17,673.66 Cage Code:I P306 DUNS No:088=787 Business Size:Other then Small . ..___.—_.__m TWc May Apply TOTAL QUOTE: $17,573.65 LINE NO. PART NO. DESCRIP71ON QUOTE PRICE QTY MENDED PRICE 1 APT-0382 DocuSign Business Pro lbr Gov-Seeft $464.84 26 $11,621.DD DocuSign,Inc.-APT-062 SW Date:111101/20117 2 APT-0075 Premier Support $14.28 122 $1,742.1 DocuSign,Inc,-APT-0075 Mat Date:111101120117 End Data:I D131MOIS 3 APT-0375 Onboarding-Per PadMe(This includes the $421.05 10 $4.21&50 below:10-12 hours of odopfion comulting Up to 20 hours of technical consulting) DocuSign,Inc,-APT-0376 Start Dab: 11 101=11 End Dift:10100=18 SUBTOTAL, $17,573.66 TOTAL PRICE: $17.973.06 TOTAL QUOTE: $17,573.68 -page,) —qf 7-54 QUOTE DATE- CONFIDENTIAL Government- Price Quotation • DocuSign Government at Carahwft E NO. PART . DESCRIPTIONQUOTE PRICE QTY EXTENDED Product Details -Ay 01 twyw aa�, ldElW, Sag n r 2 '?a , V';'-ro ht Rd ' Enwe1 'tp yn ach®FG 3ZA4 3 Terms A Conditions This r Farm covers the DocuSignand Servie4w describedI is govemed by Docuglgn'sCorponds Subscriber Terms and Coridifftme avalableli ' :/ t■ 1 7 ocu I f Pklase note t I n Business Pro for Includes a specific am in o I r Since LLS.Government ogency I■apsaffic■ In Docullillin'syA the funcilonalkles of Businesslicarow Wil apply, t the separate storage @rse vAll become swilablent opecift area Is l ■ Consulting Adoption Consulting l I UPto32ours. 10-12 hours consulting Up to 20 houm oF tachnical consulting ®.Pag.._.� 754 QUOTE CONFIDENTIAL „ ®I .DATE: A AC®Ms GSA eLibmry Conftetor Infonnaflon Page I of I GSA Federal Acquisition IM iServce M searchCL= M colorde I (Vendors)How to change your company information Contract Soclo-Econornic Other than small business Contractor: CARAHSOFT TECHNOLOGY CORPORA17ON EPLS Contractor not flound on Address: 1860 MICHAEL FARADAY DR, SUITE I the Exduded Parties Ust RESTON, VA 20190-5328 Govt.Point of Contact, System Phone: (703)871-BSOO Paul J.Flake E-Mail: contracts@carahsoft.com Phone:616-623-2809 Web Address: http://www.carahsoft.com E-Mail: paul.flakeegsa.gov DUNS: 088365767 Contract Clauses/Exceptions: NAICS., 511210 View the specifics for this contract ................... contractor [ Contract T&Cs Contract End sour Title Number /Pr] II Date Cateq0 View catal,�u I 0—gad 70 GENERAL PURPOSE COMMERCIAL GS-35F-0119Y Dec 19,2021 132 100 MM Iffi,AsW I INFORMATION TECHNOLOGY runo NOW 'EQUIPMENT,soFrwARE,AND SERVICES 13212 IM IPER= fumm 1323 in 13232OM MM amm r== 13233 MAdmW 13234 rim MW EMM1*00 13240 Rnm pumm MAdwftd 13244 EM MM rA= VMAN 13250 W ® 13251 vmm rnum 13252 MM OM "MM FLOW 1328 W Additional Contracts held be this contractor,To view more details of a tan -, dick the Contract Number below. Contractor Contract TiNcs Contract End Source Title Number /Pricelist Date Category View Catalog 738 X Human Capital Management and GS-02F-0263P SOP 91 2019 $9521 MUMF= Administrative Support Services 59S22 @am 59525 https://www.gsaclibrary.gsa.gov/Elibh4ain/contwtorinfo.do?contmctNumber=GS-35F-O... J&Z=CQQ2 Of 754 F r Taxpayer Give Form to the ay. 1 ) . t ant t T IdentiflcatI 1 n the 14 n on your I me v, I Tins; 11 . r h Technology Corporation 2 Business nams/dIvagarded onft name,I different from above 5 Check appropriatit box for fetteral tax classification;check only e of the following a 4 n pti n lned lld IY IndPwIduallsole proprietor or C Corporation R1 8 CorporaWn El Partnership Instructions sl memb Umfted flablifty company.Enter the tax claselfication( fp) Exemam d® NoW For a single-momber LLC that Is disregarded,do not check ULLQ check the appropriate box in the N r Exemption tirarn FATCA rep orting s tax classification of the single-member 0 Other On ioro al 5 (numbw,street,and u .) � s ms and ( k+naQ 1860 Michael Faraday rive Suite 100 6 City,state,and ZIP code C Reston,VA 20190 7 Ust account numbs*)ham(optional) Taxpayer 1 e c r ff j nter your l In the a box a TI e c then e l n on fin 1 s i t l u naimber backup withholding.For Individuals,this Is generally your social security numb ( r a resident alien,sole proprietor,or disregarded entity,we the Part I Instructions on page S.For other —entities,it is your employer Identification number(EIN).If you do not have a number,see How to got a on page 3. or .:.- If the account is in more then one name.see the instructions for line i and the chart on page 4 forEmployer Identification r guidelines on number toenter. ro •uCertification Under penalties of perjury,I codify that: 1. The number shown on this form Is my correct taxpayer Ie n number(or!am wafting for a number to be Issued to me);and . I am not subject to backupwithholding because:( I am exempt from withholding,or(b)I have not been notified by the Internal nue Service(IRS)that f wn subject to backup withholding as a result of a failure to report all Interest or dividends,or(o)the IRS has notified a that I am no longer subject to backup withholding;and . I am a U.S.citizen or other U.S.person(defined below);and .The FATCA cod s)entered on this fbnn(If arty)Indicating that I am exempt from FATCA reportingis corred. certificationInaMatione.You must cross out Item 2 above If you have been notified by the IRS that you are currentlysubject to backup withholding because you have failed to report all Interest and dividends on your tax return.For real estate troinsaotlons,item 2 does not apply.For mortgage Interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an Individual tl ent arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the cartificartlon,but you must provide your oweat TIN.See the Instructions o page 3. ign n 01/04/2017 General Instructions 1118 oma mortgage Int ,1 ( ,1 T Sectionreferences the Internal Revenue Ca unlen otherwisenoted. a Form 1 (canceled debt) Future developments.Information about developments affecting -9 u •Form 10WA Omquimiflon or abandonment of secured as legislation enacted aft is at w v V only If you ars a U,s3.person enol ,to PuMose of Forfinyour ociffew 71 . An Individual or wtity IfWrn W-9 requeeW who Is required to file an Information ffyou do not retum F a TIN,ym might be s t return with the IRS Must obtain your owed taxpayer Identification number MN to backLp wNthakfing.Oft Vftt Is baclap whMokft?on page . which may be yours al security number(WIN),Individual taxpayer klardificottlon By eigning the tilt out form,yow num I Ion taxpayer Identification number(ATIN), pl r 1,Certify that the TIN you am givingIs correct(or you are welting for number Identification n (EIN,to Wart an an Information return the amount be u, of amountI tion m. Information ' returns Include,b are not limited to,the following, 2•Certify that you are not subject t4 backup withholding,or •Form 1 099-INT anterewt earned or 5.Claim exerription from backup whitholding If you are a U.S.exempt payee.If •Form1 l71V(dividends.Including s or mutualds) applicable, al that . . r l a y P In aU.S.share o 1 con In ear as lau the •F 1 C(various Income,prkW or roc w x on fon ,and •Form 1 090-B k or mutual fund sales and certain other transactions by 4.Certify that FATCAon indicating that you we brokes) m Ithe FATCA reporting,Is correct.8 t it FA ?an •Form 109" a from real Wets transactions) e 2 for further Irdormstion. •Form 1 - card and third party networktransactions) ,IMIX F .1 4) Page 303 of 754 - I IM CERTIFICATE OF LIABILITY INSURANCE 1011212017 THIS CERTIFICATE18 ISSUED AS A MATTER OF INFORMA71ON ONLYL CEKnFICATEAFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES REPRESENTATIVEBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE 13BUING INSURER(S), AUTHORIZED CERTIFICATE L IMPORTANT: the certillicaft holder Is an ADDI'110MALINSWRE ,the policy(be)must be endorsed. If SUBROGATION 18 WAIVED,subject to termsthe and conditions of the policy,certain policies may requireondorsomwL A Statement an this cortificalsnot confer rights to the cortiticate holder In lieu of such en sorra. PMMMFR rNrac.'„ Russell Debra Jeffries W5111211 Ins. u Inc.( F�xwaE ca 1 7 u ldl Coy I ,�;. 1 7 17 _..__. ..._._ : ��. 2526 West L 6• Road _ �TI9�kaLI7�f9 � West minst•`rp M 21187 d• rI• Douglas C.Marks i NiU J�.i.AFFORdNO COVERA3E MAIC• I u _a.._.. Casualty I Company INBURED .Carahsaft....._.._____TechnologyI Insurance �� .L..®............ 11 1 Michael r. _N ..._ d-.._ non ®VA 201 . _I. R : INSURIFIRK., _ INW014TP F a COVERAGES uuuCERTIFICATE NUMBER:...•m � REVISION NUMBER: - THIS is TO r.ERTIFY CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITIONOF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE Y BE ISSUEDY PERTAIN, THE INSURANCE AFFORDED 13Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE 13EEN REDUCED BY PAID CLAIMS. ........ ......... ACS � TYP E OF INSURANCE hl , 4R NwL": —42M 11 ' r GENERAL LIABILITY EACH OCCURRENCE i 1,000,00a' A 1 X COMMERCIAL GENERAL LIABILITY $08BABU9462 01912017 04119018 300,000�_ 9_.� E ' CLAIM"ADER MED.. P "{. s s _ — .....10,00 PERSONAL&AININJURYS 1,000,000, .... ........ GE TE t 2,000,00P OENL AGGREGATE LIMIT E R: O M Is 2,000,00q . PRaD, ! >C LILY r• : AU3CMCBr.ELY48M1,000,00 Y � ;.Jc ,,t�c.`€ � _ w s B X ANY AUTO � 30UECAT1B10 04/19/2017 W19=18 I BODILY INJURY(Perp~* n.. ALL D SCHEDULED ILY INJURY(Per aWdIM i _. AUTOS ____ . NON4VVNED HIREDAUTOB „AUTOS B UMBRELLA X .",OCCUR u s 6,000, _. LIAP ! EXCESS _..... .._. CLAIMS—MAW 308BASUM82 04119=17 041IW2018 AGGREGATE .. s .......................... t» X 10,000 VMMERS COMPENSATION VVC STATU- OTH AND EMPLOYERS'LIABILITYiMt , ANY PROPRIETYIRIPARTNERPEXECUTNE Y[I"N'� NIA E.L.EACH ACCIDENT S OFFICERIMEMSER EXCLUDED? �J ?IMoncidwy In NH) EL.DISEASE-,EA EM€ 0 [, i f i'RIPTI NOF O i ,1110yil be I E.L.DISEASE UCY LIMIT 6 e w _. � µmm 000®00 Prot.Lla ( r) ?I 17 0- 2712017 27 1 Occur , Retro Date 114 ,000Aggregate ,000,00 I LocAT=SI VNICLEs IAM@h MM 1 ; 1 R non qmca Is mquind) *Certificate holder is named an additional Insured ata to general liability , ATniA CERTIFICATE L -- CANCELLATION GHOULD ANY OF THE ABOVE DESCRIBED POLICIESE E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WffH THE POLICY PROVISIONS. City c 124 E.WoolbrightAMORMWRESENTATIVII Boynton Beach,FL 33435 6 • 1988-2010 ACORD CORPORATI . All rights- reserved. ACORD 25(201 6) The ACORDs and logo or@ registered morM of ACORD Page 304 of 754 1 017 FDAW 0111111momm ACCPREIr CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND C NFER8 NO RIGHTS __ ---- UPON THE CERTIFICATE .THI CERTIFICATE DOES NOT AFFIRMATIVELY , EXTEND OR ALTERY THE POLICIES BELOW.THI CERTIFICATE INSURANCE DOES NOT CONSTITUTET BETWEEN THE 18BUING INSURER(S),AUTHORIZED HOLDER.REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE WoRTANT.1-aerimeste Fielder re on AD0I t FI Et ,filoCWWI must be endorsed.If � Is 0,subject the tome and conditions of the policy,certain policiesl n confer rights to the certificate holder In lieu of such ). _ iPRO Du Automatle in Insurance ®Inc. n a E-a) . C. %1 ................ Lfiit,EL 7 Adp BoulevardA 7Kt Roseland,NJ 07080 I. LI�S1 F E IC INSURER : n .... R n ......... INSURED INSURER 0, CARAHSOFTTECHNOLOGY 1860 Michael Faraday Or,Sure 100 a Reston, 20190 ! u a . INSURER : INSURER F: COVERAGES CERTIFICATE REVISION THIS ISTO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW V N ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTNTHSTANDINGANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE Y BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS CONDITIONS OF SUCH POLICIES.LIMITS Y REDUCED P CLAIMS. _. . _ oe,k .... ry xy 7R E OF INSURANCE wV12 POLICY NUMBER NVl rrw .DLVn'V ILIMITS M LGE L LITYEACH OCCURRENCE $ ......,.. ... CLAIMS-MADE RR.. Irl ..I $.............. - MED ERP Ar-K,ana f ora:res, $ ........... .. PERSONALAC INJ Y . . ..d$ GEN'L AGGREGATE UMITLIES P OY JE S` M $ .. .. S HER: AUTOMOBILE LIABILITYrva $ BODLY INJUR ( S ANY AUTO ALL OWNED SCHEDULED ! ,— AUTOS AUTOS BODILY INJURY(Par aocJrkn$'S NON-OWNED HIRED AUT _....:AUTOS - $ UM H OCCURRENCE $...... C CLAIMMADE AGGREGATE....... ... .......,..._.. D R NTI $ a .. —a VUC—RKEN _COMPENSATION .T'aT..E A S'LIABILITYYIN _..... A ANY P I A Y 'NIA N T E 6 0 7 77 04119=18 EL H $ 7,000,D00 S nIn CE 1 EXCLUDED? E L.DISEASE-EA EMPLOYst 7+ K SRI ON OPERATIONS E.L.DISEASE- LIMIT i 1 DE9cNn*TION OF OPERAnONS I LOCATIONS IVENICLEG(ACORD 1 , I _stackedNown spew In nuMmill CERTIFICATE HOLDER TI SHOULDY OF THE ABOVE DESCRIBEDI CANCELLED FO THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED I City Of Boynton Beach ACCORDANCETH THE POLICY P . 124 L Woolbright Boynton Bench,FL 33436 AlInINORM IMSPREGENTArA - .2074 ACORD CORPORATION.All rights reserved. ACORD 25(207 1) the ACORD name and logo are registered marke of ACORD Page 305 of 754 PURCHASE ORDER CITY OF BOYNTON FLORIDA BEACH, PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTONBOULEVARD BOYNTON CH, FLORIDA - /30/17 VENDOR 16864 SHIP TO: STEP L City of Boynton Beach ® r STREET, STE 210 CINCINNATI, OH 45202 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 3 REQUISITION NO. OING DEPARTMENT: r TE NEEDE BID NO: COMMISSION APPROVED: EXTENDED DESCRIPTIONLINE# QUANTITY UOM ITEM NO. AND 1 3 . 1- 2253 .9500 6761.85 TRANSCEIVER, type: LC — k . . . :.:..... ..sl t. , 1. 00 KA ERS4900Q F '.,ii OR US 3 Ni 'ISI ` ' f 1. Q a .2 VM T T8 EW4! OR CT -:WSC-A 14 +.: DO . •..{..•. ®... r. PROCUREMENT SE VICES TOTAL 1 317.7 .. , ACCOLTM NO. PROJECT SHE BELOW Page 306 of 754 " rN ' r PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180395 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/30/17 VENDOR 16864 SHIP TO: TO: STEP CG, LLC City of Boynton Beach 407 VINE STREET, STE 210 ITS DEPARTMENT CINCINNATI, OH 45202 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 REOUISITION NO. ORDERING DEPARTMENT- DATE NEEDED: BID NO: COMMISSION APPROVED. EXTENDED LINE# QUPMITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST ACCOUNTING INFORMATION ONLY DO NOT SEND THIS PAGE TO THE VENDOR* ------------------------ ------------ --------- REQ/ACCT DATE,._-,.-. Autc-Et- PROJECT AMOUNT 7 --°--------------- -------------------- 0000070073. 3.0/26- %?'- 9455.00 40128215366415 0000070071 10/gO./l.1 S62 .70 4012821536522p, ,. --------------i.4L :7 -------------- . 7, . . . . . . . . ...... PROCURE MENTS�E VICES TOTAL: ------- ...... ACCOUNT NO. PROJECT Page 307 of 754 1311 rNA 01RU2 h h` I 1 H ri 1 I \ \ I I I I N ri i I H 1 1 H H i 1 trl O O O 1 1 H N h H r r •• I I H h 1 I t h I H Q i Nm r + H 1 1 1 1 1 1 1 ! 1 I I I I 1 f 1 1 I I 1 1 i I I 1 I I I ii I I I t 8 1 1 1 O O O O y A] 1 H N F° I • • 1 • I O 1 H h I a 1 hCh H H H H I h w N fry t ILb N a041 1 H 1 r 1 _ H I 1 H 1 1 H H H M 1 0 a O 01 h 1 I a I L} H N I H Co Ln E-4 i Nin N t N r H 1 w I O 1 @•I I 1 I w 1 IPU 1 w f I 10 H I 1 w 0w 1 a 1 H I • I H H 1 try H H Has I 1 1 w E 1 i 1 1 Fi r1l 1 1 1 1 1w 0 I N O 1 •• •• I ri I w f I U i H I U H HOU i � 1 1 Om I gimm m u, g a H I r N 1pq h h "'gi 1 + lflpa i V H V 04 H -- 0 • I H I8AR 0 1 1 w w U 1 w i O ; H H u I'mons MAU ip E-d m 3 VMS 5 migRK 00 00 4J ` H wno i U + C7 NAP 0 OR +Ln P go 114 R 9 Ln 0 0 0 i H w I 1 l N N 1 D4 H H H1 LfY 7 lry U N U 1118N1 F O H i H In m .... .. H ®® ®®Q i a -4a UE-1 HQ H+H� E H HO i N N a w i a I 2 2 N N H w l a I ri ri •ri 13 HI .. N C? tV I 1 I p ! Is U a'OH DO ' H H 1 H N M Rp a19 Ala Page 308 of 754 t® C, 1 H H r4 ri U E4 rq H 0 1-4 :Ei U 14 0 0 MO r♦ r-I H H U 0 U E-4 U NH 0 U •A E-1 F-I EA U H 8 iJ rA1 coo K 4J 0 W. mug Page 309 of 754 -k CITY OF BOYNTON BEACHREQUEST FOR PURCHASE OVER 000 i Date: 10/26/2017 Requesting : I Nicole Explanation : Equipment required activate fiber link between the n ilii Plants. The current switch in theInt SCADA server room iend-of-life t perform the 1 OGB bandwithitch is included in the quote with1 year maintenance and support. Recommended Vendor STEP CIS Dollar Am _ 10317.7 _ mmmm Source for r : Three Written Quotations GSA State Contract PRIDURESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract r:' Pricing proposal for purchase must be presented In the game detail contained vAthln the contreaL un Source r µ 402-2821-536-52.20 Trv�� f Department Purchasing Dat Asst City Manager Date City Manager - Date Form Is -1/02 _ Page 310 of 754 Quote Alwor STEft IM Quote Date:101=01 7 407Vm@StrM.Mc210 VdidT12-101319017 Cinc�i,OH 45202 Quote Nureber:Q-231 9 BHLTO. SEEIP TO: City of Boynton Beach City of Boynton Beach 100 Had Boynton Beach Bhd BoyaDn Beach,Fbrida 33435 Stevens Quots Stageroraft Contact�wn-w-.Charkc'-- &N% Product DoWle Qty List Prim lNecaunt Told 1. Avays AA155-M 3 $3,11MOD 84=3.16 $6,701 J35 I-poxt CNDM SFP+ Ethernet Transceiver, connector type: LC - 1510nm Wavelength, 40km. Diagnostic Monitoring Interface. 2. ALIDOMO-0 I $950M $370M sm.50 ERS4900 1025H POWER SUPPLY UNIT FOR USE IN ERS4926GTS-PWR+ AND ERS495OGTS-PWR+ NORTH AMERICA POWER CORD 3. AL490DE02-B 1 $4,416.00 1,721, S2.80.15 ETHERNET ROUTING SWITCH 492fiGTS-PNR+ 24 10/100/1000 802.3AT 6 2 SFP+ PORTS INCLUDES BASE SOFTWARE LICENSE, I x 10259 POWER SUPPLY, .5M STACK CABLE NA 4. Avsya GH43OHM ERB 4926 INW11,10artner Assurance Technology Support Bass-4 HR Parts- 1 $354.00 $70.50 $283.2D SLN EN4 Sub Total $10,317.70 Tax $020 Grand T $10,317.70 Tenw and Conditions Shipping and state/local sales tax may apply. State of FL Contract# NA PO AR603 Page 311 of 754 - nr csc 3. 2,290. EA 9 3 S - EA 6p 4,41S.W 2,737.30 Page 312 of 754 Original Contract Pricing can be fbund at http://www.naspavaluepoint.org/#/currei 4319150D 6 I-port CWDM SF P+Ethemet TranKelver,conn type:LC-1510nm Wavelength,40km.DIagnuf 43291500 A1.190SM-E6 ERS4900 i02SW POWER SUPPLY UNIT FOR USE IN ERS49266TS-PWR+AND ERS49SOGTS-PWR+N 43191500 AL49DOE02-E6 ETHERNET ROunNr.SWITCH 4926STS-PWR+24 10/100/10DO 902.3AT&2 SF P+PORTS INCLU Page 313 of 754 State of Florida-NASPO ValuePoInt Contract for Avaya AVAYA Contract ExpiresMay 31, 2019 n U Fie Kwon. D Paul Dick 714 $50-78"101 Famandinja Beech,FIL 32034 Odie S 0.nat 8510 Sundste1 Tampa.FL 33634Cllin C Meridian IT Ina tt-ve Rcfiietrrl 500 Erie Blvd West 1- 3 312 Syracuse, 1aWyP.rgch&d2m@rWl@nLmm s'n,..... ... ..... ...m a �, Ft1 Network lues �.,l), J r°E: �:, One nn Plaza,Sulte 2832 757-227-3085 New York,NY 1011 *P sl to ft ogl germitted IQ gu= lar sell St e a n- dujjrmjjgE may Qnbj gR=jnd&LKLtL=fayMan Local, bdunicigillijej Wjthln IbLLtptRod&al MMjLj&2UbjkLgdUGL failingu Pruiti _ unicar ns.inc. - w _ mmmmn mmmti,Tloffirn—y Pruitt 3665 Westgate Parkway 334-712.6774 Dothan,AL 3 303 to grin m. m Ronco communica�ofii-- rd G4n 595 Sheridan Drive 613-769-6034 Tonowanda,NY 14150 MhMGron2 .n __ _,- _ 407 Vine St ` 210 281-989-7878 Cincinnati,OH 45202 i of vi� ts1 01 N.Rodney501-7484616 Uftb Rock,AR 72212 nti . o n t am. M 10's Avaya NASPO-VolusPoint Price List— :' y .co i s a i+ -n a -v l of - rfc lint 2 numbers:REMINDER **ALL Purchase Orders must reference both contract Florida NASPO Contract# 43220000-WSCA-1 4-ACS and Avaya Mader Contract#AR603 Related Links: • More on Aveva_EMdUCb And IMIces 12 of • NAl&—PotWe—b-pfte • Avaya Master NASPO VP Contract • Florida `ci tinAddendum • Florida PUR1000 Updated 6J22017 12:33 P Page 314 of 754 Statiel of Flodde-NASPO ValuePoInt Contract for Avaya AVAYA Contract EVIres,May 31,2019 How to Obtain Quota and Plow Purchase Orders "Dired orders: Contact r NASPO VP rep fbr the State of Florida Alleno i t- n v v .c 786-331-0765 "Through Authorked Resellbrimi—Conted your choice of an Authorized Reseller See List Below: Florida **ALL Purchase Orders must reference boUh cor*art numbers: 1 r 1 of 2) --State of Fkdd&-4iASP0 ValusPoint I, Wdff _ a�lflul 1351 Sundial Point 407-618-301 Writer Springs,FL 32708 aab lmiz a' Inc. AGc Networks Mr. f-Akie Carney 222 W Las Colinas Blvd.--Sults 200 North Tower 214-67"833 Irving, 75039 l m as rn 8 Robertts Rd. 813-884-5273 0diessa,FL 336Nland ny Arrow System integraiinndtlaAfrow 51n Tonne 555 Windarlsy PlaceSuite 300 Rm 302 407-836-1146 Mordand,FIL 32751 tiro ow.a,a �ny` �,"taf0 1820 E.Park Ave. 5 21 553 Tallahassee, L 32301 d8001,113=112910-92M '81acs'Box Corporation Jim Robws 1000 Park Drive1-1 Lawrence,PA 15055 Ilm. bl x. m Carousel Industries of North America fly� Co l — ' 659 South County Trail 401-583-7349 Exeter,R1 02922ailto: co nalo usellndu m ent.lry� k Bob Ratto 1313 Blair Stone 1 Tallahassee.FIL 32301 nturvlln . iE- v'el'a e iree o,t�_ dvina,r nt� r c un' ri,n Jai nn h J l n 1 Merritt 7 $13-757-2960 Norwalk,CT 06851 Kennoth.finkelson@ftr.co ionvorged Communications 8Vb Humphrey 18 Greenland Rood -288-7105 Jadmnvllle.FL 32256 n muni Ions, m rtJo ` �`� � pan 3344 Highway 149 9 -2394 0 60 Eagan, 55121 lbymandIranyaBane. Hayes a-Govamment R' ou s,!no. Ka ran S.Hayes 2551 Wislaunse Blvd. LW-297-0551 Tallahassee,FIL 323DB More Araya Authorized Resellers on next page.... Updated 6/V2027 12:33 PM Page 315 of 754 information t the URL listed below tt ri c u i ra i a si n r_i r g1pp s cont �, m racts and ahreernents/ Its,rnate c ptract surpidg—tam munlcatlonsproducts F..,..!� Data Communications Products &Services w. . 1 jrdbliwibw h . OWNS"rAIMM3 -1214 - _- _� _ -- U 1 1 1 1 C 11 1 1GW,UNSPSC-MlIGN,UNSPSC41211700. 1 , P 1?W.LiNSPSC43222600, .0 uNSPSC43232aaA UNSPS04=2900,U ,UNSPWAB233200,U NSPWI4 Page 316 of 754 rµ f' Ss , A-Non-Mloo ft No ( No Y s**Ift insarueffions Inc- Verldar FtSLSmdb Street Address or PjM em MY.SW ZVC 88M8 Clara.CA 950&9-1223 Emall Address: jiftag MMM, +1 1 Federal 10 Number F22371343M Rernfl to Address: 46W orea American Pa"m CRY.nft.Zlly Sonia Oft.CA 9505&1233 Contrad Admifflahzier Allen R8LSmM CW-SWM Z%X Santa Clara,CA 95054-1233 Email Phone Number. + 331-070 ( ) Page 317 of 754 C Authorized Resit s Sbep Resourcesi +Comm"un cations Contact Informado , hlen+lorlluin 1�lsrau: TEP CG Regional Sales Executive _ tddrass: 447 Vine St 5u1te 210 Cincinnati OH 45202 F doll Fr+ i Nntier; 84 -478-3725 i Feil Mldreer: d olradexter ste .MM Ordenng, Information s-can 1Danny PaInclexter t .Stine of F1.Vendor number �Il d Vine t 1 Cincinnati OH 45202 li r Number _ 28 M-M8 T 1 F Nuns I Fete W i i� _ 1 1 Cincinnati OH 45202 Page 318 of 754 w r 171-111 71 P17f, 1 n� 777VIMi -calk77,j TV � _ •i,. ?in. IFS ]1j a � i� ',;F.+ i c.1 fi ";tr.i}, ,.i f Ir • i] N',; 1 i i i x •i ix. 4h, I � a�e�,l�a {i■ s; 1! it,° i� .{;, il,p�� us ��u�l�i.; .!'" �,� ><iLx�iR�� � .,�� .r�i • . n ' r t t• 3 _ •,:,.- "LoadDATA COMMXWWATZO*Mw��,�.MERVICU 14-19 MUMAGREEMENT Map ®No: ARMqmuvdnafti* And state of plodd& Owchubw`® 11 The Department-and Migible,Users 00knovdedge and agree to be boond by Me tomm ® and conditions of 60 Mantst Agnmvwd t 1 szmqg as OULOrwile specified In ddsACS® 4 ® ®` add inockporatad herein a t ■ t} ism ant s MsMA • �,f�f vii'' t G'U SII �" y F4 � �a9Ctt��iP'e k3 t4 may not. }T { Ing `. . nt�n •t � � pk a1;,5'� t�� t �} li�n ix�lf�I� �a ztt s e; 4�r r�_ ai Pyit�,i�ti � 4'a u�ttf+`",,tt�Y f?wtai3 '; u t ,� �• IC u � t. • ' ' 1 r - �1 10 'otor, orgl- {�T. fifOlb e r. m r t w � n C. ti Date: The ,. cc lam � � below DO and is cotes nou it i i , � Ute,... ter n4led e-WIJ b" -lament.. Exhlbpt A speolfies, tpa j' 1,201 � w 201 VIM renevvw Options identifie& no between Eligible Users and the Contrackmr.the CcRftctw MUlt be registered I with*9 Florida Depptinent of Rate,DMsion of Camondons and in MICad 11MEWSOctitm 7• (1)(h)1 1 and Fade GOA-1.03 1,Florida Administrafte is hereby Wmporated by Code. All transactions are subject to a Ow Percent ® ® Page 320 of 754 A 1 1 WO COOPERATIVE FURCXLJING ORGANIZATION1 l' Avaya Inc. Mamftr Agreement No:ARON "Contractor") And State of Florida "Participating ®") 1 11 • y In order to pro=re produbft and services hereunds�,Eligible Users shall f ACS.EWblo U"M are responsible for reviewing dw terms and cowlitions of this ACS and Exhibit A.Neither the Deparbuont nor WSCA-NASPO is a party toany purchase cider isned . f. Comphance witha . 1'h Contractor shall comply with all laws.rule%codis, ordinand,esandng requirements that are applicableto the conduct of It urine . 61 tm ,.,.. ," afedwral�State, n local agencies having � t �. ta � f � � , � f , Chapter f _ 11Mk - codegovem Al "W"17110 f if1111 '44"". ,: "1&."did,qontzactol slims comply 1 with llf ti ftf , tilt " . k ra1 � rrt ''tom , r tri` statin, ' iolaticin of any lffWS, f ® C16d1 st al be grounds for Contract nation rnor"new I of the contract. OtherEligible Users- 1f tl�a f r A F or t r lam] goer m, E authority requires, i lXtra i,iangruage before an Eligible User can, purdhasefront the, lirer%ced above, ire lieu of this ACS,, the Bigible User is responsible f aseparate contract with,t. Contractor, capturing that addifioTaaloo.r.1tract jAnguage. h. Pravisi6na of section 287.Oag, Florida Statutes.,The provisions of section (1){ - 3 and(9),Florida Statutes,are hereby incorporated by 1. r under thisprodding behalfis acting on of the Depsrftnent as provided under section 11 . 11(2}® Page 321 of 754 WBCAIKAM ' 1 MAO=AGREEMMqT Maya . . Master Agreement No:ARM 11conirlictors And Rate of Florida Alternate Contract Some Number 1 fte4ofll Florida ® (I)C Florida s and any othw applicable lagal and equkable remedies, : (J) Keel and maintahi pubUc records thatnecessarily would Xequhmd b nt in order to peeorm the o&rvice. (2)Provide the public with access to Public r terms and conditionsthat tepi .j t provide the records and,at a cost that : does not exceed the cost provided l9,Florida Stawtes,or as othervrise provided l blic records that are exempt or con,fidential and exempt , hom. rl $ a nog ., � z .. f %al i�41) � \f i i�y �I II�`�fIPrI Itt.�� i� • I �p��++I�ym' I pp �Jbgq, y s � � # W g. p14 liC IV Y" o�uar�r,up I "4000 Af axe 90 roman � l t � X11 IM F The De" U,water idi 1042cel con. Contractor a to l documents,,pope ,letters"" y : th contactor j . records exempt 1r om The State of Florida's performance obligation to pay under this contiaci is shall ownply with sewiop I 1 0.347, Page 322 of 754 PARTICIPATINGADDENDUM DATA COMMMUCRTIONS PRODUCTS AM SERVWn 14-10 Administwed by the Itaft 6f Utah(hereinafter uLead Rate") Avaya . Master Agreement No:ARON otereinafter ' And State of Fkwida Alternate Contract Source Number 43220000-WBCA-14-ACS ®' ') Page 8 of 11 AD purchase orders issued by Eligible Umn within do State of FIM-1da diall Indude the Department of Management -1 submitotherwise provided by Florida lww�statute,rule or this ACS.State agencies will not be required to an ACS tonn for purchases related to this . D. Centrad Docmment and,its Exhibits set forih,the entireagreernent between thea with ros c jettt t ACS. h terns conditionsof this AUS and itsexhibits shall Or and f= t t z adchtional tem . E. Event of DIU 'U Tin the case DFAA"` "t t � ` 0 , �a � t determine t intent of the ie , the 101111 0q, e#tO shO'h0e,orliozit1:n.theordex set fordi below, 1. TME PaX6CjPat!jI Addenda 2. Exhibit'll"PUIR Exhibit " 1600 3. Exit A,State tah, - ' VT t , DataComnlunications ® Products; F. Intellectual, Property Intellectual Properlynghts are, as stated to the - P gr t, Sectiun I7.2. 0. Employment EA91biAty Verification Pursuant to State of Pkwida Executive Orders .: 11- 11-116,Contractoris required to utilize the . . Department of Honteland Security's E-Verify system to verify the employment of all now empkyyom hired by the Contractor during the ACS term.Also, Contractor shall include in related subcontracts a requirement that suboontractob perfarming work at providing servkm pursuant to-the state ACS udim the E-Vw* system to verify employment of all ndw ezplayses hired by the subcontractor dazing the ACS term. Page 323 of 754 PRODWn MW EzvW=14.19 t NUMMAGREMENT Avayahic Master Aoreeimmi No:ARM And State Of Fkdda Page a of 11 N. Pride MVPMARied PAN The CORtracices Price HO wM be ft same as as WBq*A-NAft prim Department wM t %and Ow WSCA-KABF40 website, Contraction,are encouraged,to provide °. l pricing r. dexed disco $ra tea applicable to Stateof f Florida lel; l Users wherever}possible. a. h of the PUR l DDO is not appacaWO. A- p est win � �p ' t .the lil toavail, ip s are notrequired to pass on to all,Master i1h1 M4.k� gi_ V` 1 II G 1t 4 ti gt� 3�3 ��livfnot tco EeAd such, .� . 4 11 t { { Z. aly In executing dMA AC thi, Comp t , r r ` n the Ir"Petroleum I'le _ t� 1 , � tro PUrs"nt x � _ � , �t �Department may (a]se a tionr r ° ped Goinp*uj�s with Activities in SbdanWt or the Scrutinized p_ Y 'In lrah tr l Sector Ust during the term of ft ACB. I- and/or service bquh-hw and Y as wal a&e most accordazwe with this ACB;and Page 324 of 754 PARTICEPSTDMADDOWUM DATA COMIMUNICATIONE PRODUCTS AND ffERVICES 14-19 BmWaterod by the State of Utah(harafnaftr"Lead " MAOTERAGREENENT Masbar Agreement No:ARBOB i/ ml And State of Florida Alternate Contract /1Participating ") y y State/Entity") ii ' U orders us to be tto rese1lers or dieWbutors for haffilinent Conbactor Is zespormble for providing this Hot of authorized resellm or distributors for use;and ■ The accuracy of this Inknntion mud be maintained by Contractor throughout dw duration of the ACB;and ., 'I've Contractor Faust be able to eft Purchase Orders. )via faz.e-Mail,or cXML as Wentified an,L,J below.. mv The ° tar 11ieu -based invoices, trrLo �`,4n Department"llest, to establish In o, invoices ,. t ,r hibne of three t I ' i !. c oor risible 6 )I stand.ard est the data c6plents requfor invc4cing via;cVAL_ thin the con-taxi of an oJectroniceau y end. set cah be used for invoicing via the AN for cata)99, kndno,fi-catalog goodsand services. The cX.ML f0mat is the Anba preferred methodfor electrorticiinvoming. 2. EDT (Electronic to Interchange) Tail standard establishes the datacontents of the Invoice Transaction Set (810)for ease withi.aa cantext of an MJ envixonment, °no's transactiori sel cartbe cartused for, invoicing via the AN for catalog a�d,nonmtalog goods and uemivim. S. PO Flip via ASN The online process allows suppliers to it invoices via the AN for catalog non-catalog theirdirectly from AN t by IdnIply ffillipping" P.O.into an invoice. This option does not require any special software or technical capabilities. Page 325 of 754 DATA wlk�jmlftm . PRODUM"DOMMM14-19 Inc.NUMMAGREEMENT MasterAgnempt : ARON And ftte Of Florida AltamteConbwt -14-ArA Page a of 1 t it is IndumInd and empowered to and hereby grant@&' *StWe and So third party ' 'do rightand bmn to me, trammit, distribute, and publicly display within nthe"ezn, above. In addition, the Contractor wamTants and red sante that it is authorized and empowered to and hereby grants the Stag and the third par,ty providerthe light license to,reprGduce and display • the EyEtemthe gut t x' trade, tem marks. Togos,trade dress,or other branding designation that: i dentifies,the products made available by the Coutractor and lthe SCS. i The d6ntractor4fiA �t Department i s i u a Pi Witten rti, .' ` p :t w xe Department t t 'a ,f t n t Analfion $o Sales, `' " E ` Wei ele two conBecutive cone t t n th M.Business The Department reser, the right to sidiledullebusineissi.a tt frequently as necessaxy.,The Depa-iftnent wffl provide the format fog the Contractor's agendA.mor to the meeting, the COntractor shall submit the com. ploted agenda 1 the Department for review and • The Contractor shall addrm&a qFdnda item&M my of&0 Depffftmr.tfst the nustirig.Pailure to conWly with t rMult in the Contractor bakkg ftmd in default and corthiat termination. Page 326 of 754 DATA COMUMICATION1 PRODUCTS AND SERVICES 14-19 by the State of Utah(heraftaftr I%*" n MAUMAGREEBOM Avaya . . Master Agreement No:AROM (hereinafter-c(lettractoeo) And State of Florida Alternate Conlrect Source Number - - ACS "Participating l Pages of 11 The State of Florida is conunitted to supporting its diverse business industry and population dnvu&ensuzing paxticipation by minority-. enterprisee in the economic life of dw State.The State of Florida Mentor Prot6gb Program,connects mod -„ n-, dime-a and _ fed veteran business enteipyises with private corporations tor bw1ness developtxt rut morin tivng1 usage farms doing bu=siness with the.Slalef Milda t . d r this i itl: ti s f~ r more W ormation on the Mentor Prot*gk Program, please tact the fficeof Supplier Diversity at ) 487-090 16 oroBdhellr,),Odmz,,.m,vflg,fida"rLO-M,,, Upbn request, ., , and,other °11 1 � o ver , ,iu ri . r ri 1 ' 1 a�it3 f t to ni t r pow ' - r the � s tri ,, t t t t m :f iit agency r under t ' ft" n O. trr 'P1f' gess The Contractor mai use a gubcontractor or Nifillment Partner 1n ordeTw provide adequate products. and, �All stibcbntractore. sed 11ment Partners 1 be the direct responsibility of the Contractor. "fie Cori ter is responsible for all habit,t , terms and, n itf s;within the my t, If a subcontractor cvr Fluffiniment Partner i authari r t conduct business o f the Contractor and the i tt t r or rulfillment Partner is to receive compensation for its nervices,then M, y dispute,with the woopticM of billing Partner'sdisputes related to FuMllment invoice the Contractor and the subcontractor or Fulfillment Partner.The State of Flocida is not a party to any agreement entered into between thii Contractor and its nubcontractor(s) and/or Fulfillment Partner(s). The Conumtor shall be responsible to zopml all contract sales(and pay any associated MFMP transaction ),including those of any such subcontractors and/or Fulfillment Partners and shall ensure that all such subconbactors and Fulfillment Pubms meet the following requirements: Page 327 of 754 J. M- = ftn ®® ° MASTER ACMEEMENT Avaya hip. MagwAgreenien l} i No.-ARMS Od® And State of Fkaida ®® Page i •0 of i M + bOun State of Rolida's Cmivictsd, Suspended, or jh',=ualn&jery jjau nziid Serviceg 4. r t other thea thrau :ts Optionis 9rned l "; ° + � fir' - � . l�idm�nlabntive ea: �Ul W PFS) �atllrerPmposed ��t . s.. as ecowsnical and Yn bn i't to DFSwebsiiui iIrn. f � �, iltt#he. PAw approval cd&e c%W required for Maio agendes to enterWar Pk*, m agreement ti iState agencies we urged to review the Chief n==a of the CaUMM Two anwunt 9MVA car's leam and t pwauges of equipment when amuktwjn Purchift of t. 08 ft&M(Or dleir named )i Page 328 of 754 A �1 We* etvmh awwahmon MI"d smogl MANMAOREEMENT •AIM 1 And ,m .,••� e.... Addiew H,, "46My m1. . ayemmite 5 , T Now Quo=fbxftnw Paw DaW,. •v a .,,,,,��ye`y.Fi. m1w- STATE OF UTAH r STATE COOPERATIVE CONTRACT 1' i 3190 State Office BWld!M141061. 94114-1061,20 agmq of 69 SUft df Utah,and The 1 . Avuy4 1nr, LEGAL STATUS � . S n Sota clam CA 95054 pKtmmbip City SUN Zip Oov&nMmtApmT EMIRFedmry FYI® 1 - r® 21_ . = • OMMAL PURPOSE OF CONTRACT: r3 olera . e: . r Scope afWork. Amp Is in the foHowwS . S.2A Optical N~king 5.2.5 Routem 5.2.6 SwuHty . . 0 Unified Coummications 3. CONTRACr PMUOD- Effoc&m daw-AMLIM TurrainMion dft hiNEU,= unless tombuded cady or contract. ): WA 4. PIUCING AS PER THE A'fTACHMENT C DAYS RBQtJMM FOR r S. ATTACHMENT A. Stw2derd Contract ATTACliMM4T D: 'a a ® 1 1. t a ny emptions stated in t.n N_ ,a Proposal a is xmwmnl Page 330 of 754 t t A.SUft Omilldems 1 adwr smmumial dated AqW 3 ' 13 mid Dmaker 2,2013.930,2013 sed Eftember ,2013. IN WrfWEM WHEREOF,to pulln sip and mm dds womd to be womited. I STATE OF UTAH w 71UMAC;TOIR D � atsDwic 7 4" Off;pff im-?bm and I Yp!- RMOVIdU12 Page 331 of 754 m CaPtured froml int Website �.11 .n oov lu..,, , i $. r, l-c„n r /caner ors s 1, ,? Search Current PordbIlos n C8r4 .Ott) 1 CONTRACT RESLLTS MR AVAYA AVAYA UPDATES Avaya �� .. t commurms Date Communications !lei A2murwil 15 WMINr up 7 CWWANTMWMIMM INCEPTIMM. MY 2L The DIMS CORMHUMMIDOM cIrrhad Is IN RM SO of network cornmumMadorisdevion Medal RMNSIMIan Jose 01.2014 GM UpdfftM fibMd INS COMractor CM Page 332 of 754 6.1. CONSENTAGENDA 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on November 7, 2017 and Special Meeting held on November 7, 2017 for a Town Square Update for the Commission. The minutes for the Town Square meeting held on November 1, 2017 to update the public are included for informational purposes. EXPLANATION OF REQUEST: The City Commission met on November 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: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 333 of 754 ATTACHMENTS: Type Description D Minutes Minutes 11-1-17 To Sq. Public Update D Minutes Minutes 11-7-17 D Minutes Minutes 11-7-17 To Sq. Commission Update Page 334 of 754 MINUTES OF THE TOWN SQUARE PUBLIC UPDATE MEETING HELD ON WEDNESDAY, NOVEMBER 1, 2017, AT 5:30 P.M. AT THE BOYNTON BEACH LIBRARY, PROGRAM ROOM 208 S. SEACREST BOULEVARD, BOYNTON BEACH, FLORIDA Present: Steven B. Grant, Mayor Lori LaVerriere, City Manager Joe Casello, Commissioner Colin Groff, Assistant City Manager Tim Howard, Assistant City Manager Mr. Groff opened the public meeting at 5:30 p.m. and explained he was the lead on the Town Square project and he would provide an update. The City held many public input meetings on the Town Square and received private feedback as well. All of the comments were recorded and documented as part of the project and changes are made to the project based on the input received. He advised some input that was received could not be accommodated because it was just not possible. He advised after the update, which was not really a public input meeting, there would be a question and answer period. The City owns the 16.5 acres for the Town Square and 5 acres on High Ridge Road. The 16.5 acres has the already restored Schoolhouse Children's Museum, the Old High School, City Hall, Library, and three civic buildings, plus the Police Department and Fire Station No. 1. Most of the buildings are old and they are getting to the point they are falling down and need to be replaced. City staff created a public/private partnership and selected a private developer, E21- Real Estate Solutions, to work with the City to develop the new City facilities that are needed plus construct private development projects to pay for the development. Mark Hefferin of E21- Real Estate Solutions will build the Town Square, the Police Department on High Ridge Road and a new Fire Station No. 1 replacement in the downtown. There will be a new City Hall/Library, a renovated Old High School for civic uses, two parking garages with 2,000 spaces and interactive open space. On the private development side of the project, the developer will construct a hotel, retail and office spaces. The project will cost about $250 M. Mr. Groff noted the City had discussed public building replacement for the last 20 years. The vision creates a Town Square to bring the community to one place to live, work and play. The project will foster economic development, educate youth and celebrate the City's heritage. There are 20 members of the development team and they are all well- known in their areas of expertise. The City held partnership team meetings with the developer to create the project vision and identify challenges and solutions. The City executed the contract for the Phase I preliminary design work on June 1St and staff is developing a maximum guaranteed price contract. Straticon started work on the Old High School. Mr. Groff announced the Phase I design and pricing was for all City buildings. The original concept of attaching a new City Hall to the north or south side of the Library was not feasible and it was later decided they would build one awesome 21St Page 335 of 754 Meeting Minutes Town Square Update Boynton Beach, Florida November 1, 2017 Century building to house the Library and City Hall. Although the Library had a new section, the older section had issues prompting the idea to have a new multi-use building that people can enjoy that will be open all the time for events. In August, the team decided to include a district energy plan for the entire project instead of each building having their own air conditioning condensers, which is inefficient. There will be one chiller plant providing efficient and green service for the entire area. The open space areas will be developed and they are pricing various concepts. Kids Kingdom will be refurbished and brought up to new safety standards. The project will build wealth for local businesses. Public art will be included and they will relocate existing art. The City also submitted permits to the South Florida Water Management District and are working on agreements to lease or sell land, but the private property has to be on land they either lease from the City or they own. Mr. Groff reviewed the project timeline starting with this November 1St update. • November 7th will have a public workshop with the City Commission that will review the project site plan, some floor plan and the pricing for the project and high-level information on the financial package and they will provide all they have; • December 5th was a tentative date to bring back a contract to the City Commission to approve or deny the project pertaining to Phase II of the project; • January 15th the contracts will be signed; • March 1St would commence construction on the new Police Station and Fire Station; • April 1 st the Library will move; • May 1 will start demolition all south of Ocean Avenue; • June 1St, the garage and new City Hall and Library infrastructure will commence. Private development will commence during this time. • August 1, 2018, the Old High School will be ready to be furnished and start programming; • September 1St is the target date to commence all programs in the Old High School; and • May 1, 2019, the Police Department and Fire Station will be finished and when they move into the new stations, City Hall will be finished and demolition and development on the north side of the property where City Hall is located could start. Mr. Groff reviewed an image of the proposed master plan. There is a parking garage and space for civic uses. He announced the YMCA is interested in the ground floor of the garage for a downtown YMCA as there will be commercial spaces on the bottom floor with parking spaces overhead. The area around Ocean Avenue will have restaurant/retail space. The Schoolhouse Children's Museum, the refurbished Kids Kingdom, the Old High School and the district energy plant will form a square. There is an active family area and an open space area. There will be the new City Hall/Library and residential units will wrap the parking garage. A private/owner will redevelop his property separate 2 Page 336 of 754 Meeting Minutes Town Square Update Boynton Beach, Florida November 1, 2017 from the City, but an entrance to the area on Seacrest and Boynton Beach Boulevards will anchor the development. Wayne Dunkelburger, Architect, Baker Barios, explained they will create a public realm and a front door for the City. The important assets were the Old High School, Kids Kingdom and the Schoolhouse Children's Museum. They want to ensure these are focal points of the layout that all can enjoy, night or day, which includes the Library and City Hall. It will all be programmable open space. There is an amphitheater where public and private events can occur. It can accommodate food trucks as there is open access and the public can find their way to all the facilities. A picture of the existing high school was viewed. Comments received was there were not enough elevators so staff added some elevators to open it up to the activities. An area in the bottom corner of the building could accommodate a small restaurant or retail shop. There is a warming kitchen for catering and a large ballroom. The second floor will have an auditorium that will seat 600 people or dining for 350 people. Mr. Groff announced there are no similar facilities between Jupiter and Ft. Lauderdale like this and staff thinks the facility will be used every day of the week. The building is also intended to be used for recreation, adult and other private programs that can lease space and all the rooms are multi-purpose rooms. The building should be active 12 to 14 hours a day, seven days a week. Jeff Barden, owner Straticon Construction, was involved with the Old High School project back when REG put a lot of time in to save the Old High School. They are actively cleaning out the building, which was neglected and needed help. There was hazardous material such as lead paint, mold, mildew, asbestos, holes in the roof and deteriorated wood. They are about 75% to 80% finished with some of the demolition and abatement is nearly complete. The contract called for them to clean and stabilize the building and prepare it for new infrastructure such as mechanical, electrical, plumbing, to convert the ballroom and add elevators. They will restore the ceiling, roof and trusses and re-clad them with historically appropriate materials and replace some structural elements to make it look original. They will add new insulation, conduct plaster repair, install a new wood floor and the stage will be restored to look original. The project management team was working with several community members regarding the school and the project was going well. Images of the lower level of the building were viewed. There will be wood floors in the hallways and other areas. Mr. Barden advised the building will look amazing when completed. Mr. Hefferin, E2L Real Estate Solutions, was happy to be part of the project and attended many meetings regarding the design. He explained the structure is a 105,000 square-foot building that will be multi-functional. He noted a challenge with density in downtown is 3 Page 337 of 754 Meeting Minutes Town Square Update Boynton Beach, Florida November 1, 2017 parking. The garage is proposed to be opposite on the south corner of City Hall for people to use when they come to the downtown. They will build a park and residents can use the garage when they pay a bill or attend a meeting. There will be an elevator in the garage tower and there will be a canopy to protect the public from the elements when going to City Hall or the Library. Mr. John Markey was working on wrapping the garage with residential units, which will camouflage the garage. Mr. Markey announced he has been in Boynton Beach since 1996 and has worked on large projects since 2000. They developed Cortina and Renaissance Commons and will develop the residential portion of the project on the southwest corner of Seacrest Avenue and 2nd Street. He noted there is a one-story residential neighborhood to the south, which will be buffered from the parking garage. The garage will be limited to three stories and other areas step up to five or six stories. The residential and private sector pays for the rest of the project and they are trying to achieve enough of a tax base value to cover that expense. Determining the appropriate density helps with the project financing. New Mediterranean and Coastal style buildings had previously been selected based on public input. The proposed building would likely not be six stories as it is not appropriate and they have more work to do on the north section of the residential units. He advised they are open to comments. Mr. Hefferin proposed an LED billboard concept on the garage wall for Movies in the Park or Music on the Rocks. The billboard could advertise and announce other events and he advised he would try to price in an LED Board. The plan included the bottom of the garage having enough restrooms to handle large event crowds and a floor plan was viewed. He announced Nancy Stewart, who handles many events in Delray Beach, is on the team and the entire park will be secured and active. They have been working with the City and Police Chief to secure the park in an architecturally pleasing way. They will incorporate ways to bar traffic from entering the space by using bollards and other moveable items when events are held. He noted the park should hold up to 5,000 people. The Old High School and Schoolhouse Children's Museum areas around City Hall were available for lease. Corporations could rent the City Hall lobby to watch a concert or the Old High School ballroom could be used for seminars, banquets, weddings or retirement party-type activities. The new hotel will be a functioning hotel with no more than 150 rooms, but will not have corporate space as the City wants businesses to rent the high school for corporate functions. A rendering of the hotel was viewed reflecting a four to five-story building that blends in architecturally with the Town Square theme. Mr. Hefferin spoke about planned lease space and bringing in business. He anticipated the Old High School would have a lot of activity. He noted City Hall has a two story, atrium type space that was also event space. He constructed a 20,000 square foot space in Ft. Lauderdale for people who want to come in, sit down with their computer and work that was rented by the hour or the day. It filled up so fast, they are building their third building. He sought to activate space for students and small business start-up. They hoped to have 4 Page 338 of 754 Meeting Minutes Town Square Update Boynton Beach, Florida November 1, 2017 retail and restaurants activated on Ocean Avenue and they would begin marketing the bottom floor of the residential buildings with retail and office space. He noted the City was trying to activate Boynton Beach Boulevard and they will try to put something on the ground floor of the garage to attract people. He noted Michal Weiner owns the post office property and he will refurbish it with complementary structures to align with the hotel. The City challenged the developers how to pay for the development and they have been working with Atwater and four of their consultants to see what kind of financing they can put in place. They are bringing back opportunities through naming rights on the Old High School, part of the park, space at the Library, Kids Kingdom, and areas around the amphitheater. These could be handled by small donations or large underwriters. The company they are working with conducted $2 billion in naming rights since they started and they are currently working in Miami/Dade and Pompano Beach. They are a well-known entity. A drawing of the north garage looking along Boynton Beach Boulevard was viewed. Mr. Hefferin explained the intent is to plan the architecture so when going from the hotel, to the garage to the residential units, it would not be known there was a garage other than a turning lane. They will also have to have some type of a valet at the hotel. Another image of the central chiller system was viewed and it was pointed out the system would be camouflaged. It will be a source of revenue for the City and it will save the City money. He pointed out the chillers are the most sustainable system that could be installed for any kind of building. The YMCA approached the City Manager indicating they wanted to be a part of the development and two meetings took place. Mr. Hefferin was looking to bring in Apple, Samsung, or other well-known companies to help them with the technology to create something special for the teens. Currently the teen center was planned to be in the bottom floor of the parking garage. Mr. Groff advised the Police Department will move to the High Ridge Road site. An image of the proposed 54,000 square-foot building was presented which was complementary to Fire Station No. 5. He noted the current police department location is too small and the City will try to build a modern, technically advanced police station to help the police serve the public. A picture of Fire Station No 1 on the corner of NE 1St Avenue and NE 1St Street was also presented. It was noted the station was designed for growth in the downtown area and it had a small area for a police substation. Mr. Hefferin attended multiple meetings with staff about how to keep wealth in the City and build on it and has been actively meeting with local contractors, vendors and potential employees. He noted this is a large project, which will be a catalyst for future development. E2L held public forums to hire locally and issued a white paper. He met with a firm who has been actively engaged in the community. They have a list of 300 or 400 contractors and vendors and they have already hired some. Straticon also hired 5 Page 339 of 754 Meeting Minutes Town Square Update Boynton Beach, Florida November 1, 2017 locally. The fence and all of the electrical work was all installed by local firms. They uploaded a site for anyone interested in working to ensure they capture the right people and professionals and were working with the community college to offer training programs for mechanical, electrical and plumbing trades. The jobs are high paying jobs, and an electrician makes $25 an hour. They are starting to report those results and the high school was being productive. Debby Cotes-Dobay, Public Art Manager, and Lucy Keshavarz, Artist and President, Art and Culture Group and member of the E2L team, was present. Ms. Coles-Dobay reviewed potential art locations based on a creative narrative based on community workshops and the specific outcome from information gleaned from the August 24th workshop. Ms. Keshavarz explained the facilitative process used five senses plus movement as a way to ascertain what the participants wanted the future Town Square experience to feel like. Priorities identified were to have coastal colors, water, nature, shade, tree canopies, pleasant smells in the air, reminders of the community's history, and reflective and calming areas and vibrant interactive places. There was a strong desire to create a place to encourage multi-generational and multi-cultural happenings both planned and unplanned. The Town Square could represent the entire community while providing movement and exploration of other places in the City. The Phase I conceptual master plan was reviewed. The purpose of art is to draw the public into the center of the Town Square whether travelling up Seacrest or Boynton Beach Boulevard. They want to provide artful experiences based on comments from the workshop. Ms. Keshavarz explained the art will be developed through a public/private partnership and the project provided a unique opportunity for public art to create impressive experiences in a holistic way. It should promote residents, the public and commercial entities and encourage flows into the Town Square and beyond. The art should relate in some way, while moving through the Town Square, and have a flowing effect. She noted public art helps to define the purpose of the space and way finding. To achieve the desired level of iconic public art for the project, they start with an analysis of possible locations and concepts to meet these goals. It promotes discussion points on the design team. Currently, the public art is broad, in order to capture all the possibilities before finalizing details based on the input from the workshop and the programming for the Town Square. In Phase II, once they have the ideas and locations for public art, they will have to look at budgets, timelines and artist engagements. Artists can be invited to participate or a call to artists could be issued for the public art, which is a longer process. Ms. Coles- Dobay commented the Town Square was a fast process, so they may ask artists to submit their ideas for art. Ms. Coles-Dobay commented areas 1 A, B and C is a great way to steer people into the area and A, B, and C can connect those art locations into the heart of the project. They 6 Page 340 of 754 Meeting Minutes Town Square Update Boynton Beach, Florida November 1, 2017 want to use impressive iconic art. The City wants to use some of the art the Arts Commission has in its Vision Plan, which is kinetic, eco art, and glass. Ms. Keshavarz explained art connects all the way into the heart of the project. They wanted something iconic. The area by the Kapok tree could be rented or leased for photo shoots, weddings and different ceremonies. Ms. Keshavarz explained they would like to see art speak to the City's history. There could be quiet space. The next location was the Library and City Hall. The workshop attendees indicated they would like to see something incorporated into the City Hall and Library about the City's branding. Location 4, which is the City Hall and Library, could have interactive artwork. Interactive could involve light, music, different sounds, work differently during the day or night, or speak to education or civic duty. The other spaces would be with the art panel digital screen, which was a great opportunity to connect with global art or showcase some of the City's programming. The private and commercial area surrounds the development and is the face of the Town Square Art can soften hard spaces and be functional. It could be shade or seating. Art can be way finding without being signage to help people know where they are going. They can have art on the garage. She commented there are all kinds of things that could be done so the private commercial side is exciting. Ms. Coles-Dobay reviewed suggested art locations. Mr. Groff opened the floor to questions. Susan Oyer asked if the windows in City Hall would open and learned some would and some would not. Mr. Hefferin explained the building is designed to withstand a category 4 Hurricane before having to worry about damage to the facility. Windows in most cases will be sealed from storm damage. Mr. Groff explained most windows will not open as it is difficult to do so in a commercial building with the Building Code. Kelly asked why the Teen Center would not be in the Library or the Old High School. Mr. Groff responded they contemplated having the Teen Center separately, but after additional meetings, the Center will move into the Library/City Hall building. A teen tech center is different than a teen space. A tech center is a space where technology is available for teens, which was why the City was trying to get a sponsor. The Library will have a lot of technology. The tech center is more of a business space for teens to work on applications. The teen space in the Library will have technology to study, but they are different and in two different areas. Sam Green asked if the residential units will be rentals or condos. Mr. Groff explained the current plan calls for mostly rental, but it does not rule out condominiums. The developer cannot mix the two. It will be a broad range of rental. He noted some of the areas the City was competing against have very high rents, but the Boynton rents will be attainable for people. There may be condominiums in the future, but that is something the market drives. 7 Page 341 of 754 Meeting Minutes Town Square Update Boynton Beach, Florida November 1, 2017 Rod Silverio asked if there was surface parking and if there will be a charge to park. Mr. Hefferin advised in addition to garage parking, there is surface parking along the streets and specialty parking just for City Hall. One garage will be 50% public parking. Mr. Groff explained typically in downtown areas, if there is plenty of parking, it is free. Mr. Groff responded the first hour is usually free in cities. In six or seven years, there could be a charge. The more active the area, the more parking is a premium. There will be no charge to park for City business. Gary asked how the expansion would benefit the City as a whole. Mr. Hefferin spoke about building wealth and the importance of keeping as much of the economic development costs in the community. He advised they are looking for local contractors, vendors and employees that want to be part of the project that will spend their money in the City as it feeds a bigger cycle. Gary thought the project was centered around the Town Square and not the homes. He noted other people have problems with the buildings and it impacts other people. He thought it was more for tourists and events. Mr. Groff responded they want to create the Town Square and a place where all in the community can come and enjoy. They will find something they like. Often, communities are divided into different areas and residents do not get together because there is no place to meet. The project is Boynton Beach's family room. It is a live, work and play area. He explained staff was very sensitive to how it would impact the surrounding neighborhoods and he advised the neighborhoods support the project. Conversely, the project will support the neighborhood and provide jobs. It creates a stimulus which is how the community benefits. The City is building a Central Park in which all can access and engage. This project will re-establish the downtown in Boynton Beach. Gary also asked about the parking garage near the Library and minimizing its size. He questioned building a parking garage instead of using the Old High School to park and learned it is all shared parking. Mr. Groff explained 2,000 spaces were needed and there is not enough room for 2,000 surface parking spaces, which would need about 20 acres. Building up was the only option. There will be events and they are trying to make the Library interactive. Education, technology and art events were planned Cindy Falco-DiCorrado asked what percentage of the project will be retail shopping and if there will be places to draw people from West Boynton. Mr. Groff explained retail does not work without people coming first. There is retail, but it is flexible space that can be used for retail, restaurants, education or office. He explained what happens is the lower uses start off first as there is not enough foot traffic for retail. As the population increases, retail comes in and they are the higher rent payers. Mr. Hefferin commented the Old High School will have 60,000 to 65,000 square feet of retail. Mr. Groff anticipated there would be 13 medium sized stores or maybe 20 smaller stores. He pointed out it would activate Ocean Avenue all the way to the Marina with more restaurants and boutique stores. Tony Morrow commended the City Commission, staff and the development team on a phenomenal project. He understood the Library/Town Hall will be a Category 4 building, but questioned in light of the devastation in the Caribbean, why not be a leader and build 8 Page 342 of 754 Meeting Minutes Town Square Update Boynton Beach, Florida November 1, 2017 a Category 5 building. Mr. Groff explained there is a huge cost to build a Category 5 building. He thought it was about $20 M more. He explained east of 95 is an evacuation zone so the no one should be present anyway and they were trying to keep City Hall intact to get City Services up and running. The EOC is west of 1-95 where the Police Department will go. He thought if hit by a Category 5 hurricane, the cost afterwards to rebuild would increase. Mr. Groff explained the cost after a hurricane is usually paid by the federal government and the cost before is paid by local government. The odds of getting hit with something higher than a Category 4 was small due to the City's geographic location. If there were to be a Category 5, it would be catastrophic. He did not think it was prudent to spend public dollars to protect against something that likely would not occur, but the City has to pay attention to the Category 2s and 3s that are more likely to occur. Brad noted the teens use the Library often and it is a safe space. He asked where youth would go while the new Library was under construction. Mr. Groff responded staff was scouting locations that could accommodate the library and its functions. They are considering a few temporary locations and a decision would be made in the next month or so. Lisa asked if there would be blockades to ensure vehicles will not plow into crowds and about security in the parking garage. Mr. Groff explained there will be security measures installed to protect vehicle incidents or any kind of activity on the site. It will be very easy for people watching for those types of events to see them occur and there will be many other security measures. He explained it is not possible to protect against everything, but they are doing the best they can to protect against everything they could think of and incorporate them into the design. Wesley asked about the existing private condos that are not part of the project and their designation of "for a future purpose." Mr. Groff explained the City does not control the units, but if the owners desire to sell in the future, there is an activity that would be suitable for the site. He asked if the Old High School would be a museum and learned it will function as a civic center, having classes, weddings and concerts. The rooms can be rented by corporations for lunches, dinners, meetings and programs. The building is for all to use for programs. Wesley inquired if there was enough space to move City Hall into the Old High School and learned there was not. The City needs programming space. The new Library will be a 21St Century library which is a library for residents to use to obtain information they need, to enjoy the technology they need to use, and enjoy art that will surround it. The Library will have study and tutoring room and will have a better and have a more efficient use of space. Mack Bernard, County Commissioner, advised he represents Forrest Park residents that travel on Seacrest to Gateway. He asked how the project would impact traffic and what the City was doing in terms of working with the County to address traffic. Mr. Groff responded they will work with the County and advised Seacrest needs to be improved all the way from Boynton Beach Boulevard to Woolbright Road. Seacrest Boulevard is a county road and improvements were contained in the County's long-term plan. The 9 Page 343 of 754 Meeting Minutes Town Square Update Boynton Beach, Florida November 1, 2017 funding is there, but it needs to be expedited. He requested Commissioner Bernard's assistance. Mr. Groff announced Seacrest Road was not designed well and it is a fairly dangerous road at times and at places. The City needs the County to help improve it. Mike Fitzpatrick, former City Commissioner, explained a Category 4 Hurricane has wind speeds of 130 to 156 miles per hour and announced the only reason the City can achieve the comprehensive and integrated design with the 16.5 contiguous acres was because the City set it aside nine years ago. He noted about half of the property will be private development and no one can predict what a business will want 100 years from now. He proposed for a future quality of life, the project be based on a 99-year lease. Mr. Groff advised that has not been decided because that is how the City is leveraging the funds. The City had indicated they would sell the land. Looking at redevelopment, Mr. Groff commented redevelopment occurs every 30 years and every 100 years. When something is no longer useful in the way it is constructed, it is demolished and replaced with something useful. Leases work, it is nearly impossible to get a loan for a project when the land is not owned. It would be difficult to construct for sale units on leased property. Mr. Groff explained the City is still working on all offers. Staff asked the City Commission about it and the direction given was to sell and/or lease, but they have to see what the best option is when the financing package is reviewed. He agreed in 100 years, if the property is not being used, it is a dead zone. If there is a better use than a City use then the City could buy it back. There is still that option. It is a policy question. Mr. Fitzpatrick noted the shared parking has not worked out well at the Marina. Mr. Groff advised they will bring in professional garage managers and it will be handled with technology, but they have to design the garage correctly. He announced the City was not yet at that point, but they will address the issue. Mr. Fitzpatrick commented the first floor ceiling of the Old High School has four beams and he would like to see them remain exposed. He thought the building may be the oldest hurricane hardened structure in the County. REG was emphatic about keeping the building's history alive and Mr. Hefferin will bring that comment back to REG. He commented they have to install lights, acoustical treatments and sprinklers, but he loved the idea. Walter asked if Library patrons will have to pay to park at the Library. Mr. Groff responded right now, parking was free. If there is a parking fee, it may be for after the first or second hour. He did not know what would be charged and he reminded all parking is driven by use. The more scarce the parking, the more it cost. Commissioner Casello requested Mr. Groff inform the public why the Police Department would be removed from the downtown to the High Ridge location when they are building apartments and businesses attracting thousands of people. Mr. Groff explained the City purchased the site at High Ridge 17 years ago for a public safety complex. They built Fire Station No 5, which is the EOC and the main Fire Department Headquarters 10 years ago. The EOC is there and most people favor a public safety complex. He noted the 10 Page 344 of 754 Meeting Minutes Town Square Update Boynton Beach, Florida November 1, 2017 police work in zones and not from headquarters. They also need five acres for a Police Station and the City looked at several sites over the last year and a half. The station fit well on site and there are complementary uses. It could go somewhere else, but there were no other five acres available. Commissioner Caselio queried if things have changed since 2004 and if there are other parcels to look at. Mr. Groff responded things have changed. The City looked at three different parcels and this parcel had support for the Police Department from the public and the Police Department likes the site. Commissioner Casello requested examples of other cities like Boynton that do not have the Police Department in the downtown. Mr. Groff responded there were many other cities. Orlando was one of them. Mr. Groff agreed to research the issue. Police Stations are built where there is land available. Iracema Araujo loved the display, the signs helping each other after a hurricane and the screen on the building. Her only concern was the two Kapok trees. She thought the development was a great opportunity. Mr. Hefferin commented they budgeted to move the kapok trees. John thought half the project would be sold. He asked if the property would be sold at fair market value for 15 years and if they will be taxed as a normal business would. Mr. Groff explained they were not using current revenues. They were leveraging private development and they will pay full taxes. The taxes collected will go back into the project to pay for the public buildings. There were no tax breaks given. Mr. Groff added he was hoping to get better than fair market value. Mr. Groff thanked all for attending the meeting. Mayor Grant announced a special meeting at 4 p.m. on November 7th before the regular City Commission meeting at 6:30. He noted Del Sol Bakery provide great baked goods for the update. He requested anyone with comments send them to their Commissioners. The presentation will be on Facebook and Twitter at#Town Square Boynton Beach. Mr. Groff closed the meeting at 7:05 p.m. Catherine Cherry # Minutes Specialist 11 Page 345 of 754 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY NOVEMBER 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 Lori LaVerriere, City Manager Mack McCray, Commissioner James Cherof, City Attorney Christina Romelus, Commissioner Judith A. Pyle, City Clerk Joe Casello, Commissioner ABSENT: Justin Katz, Vice Mayor 1. OPENINGS A. Call to Order- Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 P.M. Roll Call Judith A. Pyle, City Clerk, called the roll. A quorum was present. CLOSED-DOOR SESSION to be held on November 7, 2017 commencing at 5:30 p.m. in City Manager's Conference Room "B" to discuss: HASAN CALISKAN, Plaintiff, vs CITY OF BOYNTON BEACH, Defendant — Case No. 50 2015CA008096XXXXMB Mayor Grant announced the closed-door session regarding HASAN CALISKAN, Plaintiff, vs CITY OF BOYNTON BEACH for the above captioned case. James Cherof, City Attorney, announced present for the session was the Commissioners; Lori LaVerriere, City Manager; James Cherof, City Attorney; Tracey DeCarlo, Assistant City Attorney; a Court Reporter. Mayor Grant recessed the meeting at 5:33 p.m. for the closed-door session. Mayor Grant reconvened the meeting at 6:30 p.m. and called the Regular City Commission meeting to order. Invocation Commissioner McCray gave the invocation. Page 346 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Pledge of Allegiance to the Flag led by Commissioner Casello Roll Call Judith A. Pyle, City Clerk, called the roll. All present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant asked if there were any additions, deletions or corrections to the agenda. Commissioner Casello indicated he would like to pull item 6.D from the Consent Agenda. Commissioner Romelus requested item 12.13 to be moved to allow the speaker to leave sooner. Mayor Grant indicated he would move 12.A, 12.13 and 6.D before Public audience. Mayor grant requested to place on future agenda to have staff look at the Palm Beach County Panhandler Ordinance. He also would like staff to look at the City of Boynton Beach Sign Ordinance regarding people holding signs in the right away. 2. Adoption Mayor Grant asked for a motion to approve the agenda as amended. Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Romelus seconded. The motion was duly seconded and unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz informed the Commission he received a telephone call from David Katz, regarding the High Ridge site. Commissioner McCray indicated both he and Mayor Grant attended the Florida East Coast Baptist Association meeting, held at St. John Missionary Baptist Church. He also attended Ethics Training, and Pirate Fest. Mayor Grant informed the Commission he attended the Ethics Training, sponsored by the Palm Beach County League of City on October 18. On October 19th, he attended 2 Page 347 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 the MPO. He informed the Commission the name has been changed from the MPO to TPA (Transportation Planning Agency). He attended a luncheon with Representative Slosberg and Representative Jacquet. He Read for the Record. October 20, attended the Chambers Golf tournament, also attended the Boynton Beach High School Homecoming. October 21 and 22nd, attended the Pirate Fest. Indicated it was a great turn out. October 23, he attended the Community Caring Center Job Fair at Benvenuto. October 24, appeared at Congress Middle School to speak with their newspaper about what it means to be the Mayor of Boynton Beach. Attended a luncheon with CPH and attended a Cub Scout meeting in the evening. October 26, attended the Odyssey Boundary meeting. He stated the middle school was closing. There was discussion on where the Boynton Beach children would attend school. October 31 , had breakfast with David Katz, who is a Lobbyist, for Washington Prime Real Estate LLC., attended a lunch with the Executive Director of Palm Beach County Transportation Planning Agency. November 1, stated the City of Boynton Beach hosted the Chamber Networking Overeasy. Went to Bermuda Cay Condos for an update. Made a presentation on Finland. He indicated there would be a follow-up presentation on January 29, 2018 at 1:30 pm on his trips to Finland and Taiwan. November 2, attended a meeting with ATS regarding their future development within the City. November 6, met with County Commissioner Dave Kerner for breakfast. Mayor Grant made an announcement regarding Health Care America; the League of Women Voters was going to speak about health care. He informed residents they could sign up for health insurance at healthcare.gov. Lastly Mayor Grant reminded residents if they had damage to their property from Hurricane IRMA, Thursday was the deadline to file a claim at disasterrelief.gov. Commissioner Romelus attended Justice for Cory 2nd annual event. This was a great opportunity for women affected by violence and police brutality to speak out. Read for the Record. She also read the book "Quackers" at the library. She attended Pirate Fest and the Culinary Job Fair. Thanked the Community Caring Center for their participation in the Job Fair. Attended the CEO Build hosted by Habitat for Humanity. This was a great opportunity to give back to the community. She assisted some volunteers in the community to paint the Boynton Beach Memorial Park. Commissioner Romelus attended the Firefighter's Golf Tournament. She sat in on an antiterrorism class. Attended the grand opening of BurgerFi. Met with John Markey and David Katz. Commissioner Caseilo indicated he had a phone conversation with David Katz. The Community Caring Center was celebrating 30 years of serving the community. Commission Casello noted the Center needed support. He announced there was a fundraiser scheduled for November 16, at Benevenuto Italian Grill. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Informational items by Members of the City Commission Announcement by Jeanne Heavilin about the Greater Boynton Beach Sister Cities' Traveling 3 Page 348 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Sauna event that will be held at Intracoastal Park, 2240 N. Federal Hwy., on Saturday, November 18th. Activities will begin at 10:00 am. Jeanne Heavilin, President, Greater Boynton Beach Sister Cities, noted the traveling sauna was in celebration of Finland's centennial year. The City wanted to recognize the new relationship between City of Boynton Beach and Rama, Finland. She stated by the end of the year the sauna would have stopped in more than 57 cities. The City Manager and the Chair of Rama Finland were traveling from Finland to participate in the celebration. They will meet with Boynton Beach City Commission. She invited all to come out regardless of the weather. She indicated the reservations can be made online. B. Update from Boynton Beach Mental Health Committee by the Chair, Woodrow Hay. Mr. Woodrow Hay, Chairman of Boynton Beach Mental Health Committee, acknowledged members of the Committee. He said one of the most important accomplishments was the production of the Mental Health brochure. The brochure speaks of finding hope and asking for help if needed. He stated the brochure says it was okay to talk about needing help, and offers a starter list of resources. The Committee was actively engaged in a healthier Boynton Beach collective impact initiative on family caregivers, sponsored by Palm Heath Care Foundation. He stated caregivers are a high risk group for mental illness. The month of November was national caregiver's month. Mr. Hay stated they were proud to announce new members, Jerry Taylor, former Mayor of Boynton Beach, who help create the committee and will serve as a liaison. Howard William manages the website and Face book. Jeannie Taylor serves as liaison of the Library committee. Mr. Hay acknowledged 20 Park and Recreation staff received mental health first aid training. He also indicated the Human Resources Department, dispatchers and firefighters received training as well. The Committee was in partnership with Boynton Beach Community High School regarding mental health careers. He explained mental health professionals are brought in to inform students about careers in mental health. The Boynton Beach Mental Health Committee was engaged with 14 community partners in education and awareness projects. He stated he was proud for support from the City of Boynton Beach. He was asking for their continued support. He wanted to make Boynton Beach a model city for mental health. The Committee was pleading with the Commission to consider Boynton Beach Mental Health Committee for community funds C. Proclaim November 11-19, 2017 as Hunger and Homelessness Awareness Week. Mayor Grant read and presented a proclamation on Hunger and Homelessness Awareness Week to Sara Alsofrom, GL Homes, and Community Relation Director. Ms. Alsofrom, thanked the Commission for the proclamation and for their ongoing support on behalf of the homeless coalition. 4 Page 349 of 754 { { Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 D. Announcement by Recreation & Parks Director Wally Majors about the upcoming Holiday Events. Wally Majors, Director, Recreation and Parks, said he was proud to announce the holiday season was well on its way. Starting December 1, the CRA would be hosting a holiday movie at the amphitheater. The Holiday Parade was on Saturday, December 2 at 4 pm followed by the Boynton Beach Tree Lighting at 5:30 pm. (This was located near the Children's Museum). On Friday December 8, the Holiday Boat Parade was scheduled to begin at 6 pm. On Friday December 15, there will be Music on the Rocks at the amphitheater. Mr. Mayors looked forward to having everyone join the City of Boynton Beach for a fun and festive season. E. Announce The City of Boynton Beach is hosting a Flood Awareness Workshop on Wednesday, November 8th from 5:30-7:00 pm at the Intracoastal Park Clubhouse. The workshop will answer residents' questions about flooding and City services, the newly revised FEMA flood insurance rate maps will be on display. For more information, contact Rebecca Harvey, Sustainability Coordinator at 742-6494. The flyer is available at the back of the Chambers. Commissioner McCray thanked staff for getting the word out about possible flooding. F. Announced that Boynton Beach East Water Treatment Plant project received Envision Award for Sustainable Infrastructure Mayor Grant presented the Envision Award for Sustainable Infrastructure. Mayor Grant explained and read into the record "Boynton Beach Ion Exchange Resin Plant and East Water Treatment Plant Improvements" project received the Institute for Sustainable Infrastructure's Envision Bronze award. The award recognizes the City's project for its environmental, social, and economic benefits. The upgraded East Water Treatment Plant processes 24 million gallons of water per day to support the potable water needs of a growing population for decades to come. The project protects the local environment and drinking water supply by avoiding saltwater intrusion, and diversifies water sources to reduce dependence on the surficial aquifer. The plant is now equipped with a state- of-the-art MIEX water pretreatment system that removes organic compounds and color from the water while reducing chemical use. Other improvements to the plant include filter valve replacements, replacement of high-service pumps with premium efficiency pumps and motors, improved storm water management, modifications to the disinfection system, upgraded security features, and a new three-million gallon water storage tank. The project also includes a public art installation designed to create a connection between visitors to the facility and the facility itself. The $30.8M dollar project was managed locally by CDM Smith of Boca Raton, in partnership with Carollo Design Build Group, The Merchant Strategy, PCL, AW Architects, Tierra South Florida, Engenuity Group, Cooper Construction Management & 5 Page 350 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Consulting, and DCR Engineering Services. Mayor Grant stated the light on the water tower was very cool. Michael Low, Manager of Technical Services at Utilities, indicated staff replaced and recycled equipment. He states the equipment was more efficient including the lighting the Mayor mentioned. He showed a very brief video. Mayor Grant stated they had a consensus. G.Announced the annual reappointment of those advisory board seats with term expiring in December 2017. The following boards will have openings: Arts Commission, Building Board of Adjustments and Appeals, Education and Youth Advisory Board, Employee Pension Trust Fund Board, Library Board, Planning and Development Board, Recreation and Parks Board and Senior Advisory Board. Information on the boards and applications is available online. Applications can also be taken at the City Clerk's office in City Hall or sent to cityclerk@bbfl.us. All applicants must be registered voters in Palm Beach County. H.City Hall will be closed on Veterans Day, Friday, November 10, 2017. I. City Hall will be closed for the Thanksgiving holiday on Thursday, November 23 and Friday, November 24, 2017. Mayor Grant read items that were moved from New Business 12. A. Mayor Grant requests approval for $300 of his Community Support Funds to be donated to the Ment2Makeit, Inc. Cory Voce, President of Ment2Makeit, LLC, wanted to thank Mayor Grant for the generous donation. He stated he grew up in the Heart of Boynton Beach; he attends the Greater St. Paul Church. He stated he was able to identify with the young men in the area. He saw a need and he felt he could help the community. He noted after college he came back and wanted to do something for the community. He wanted to thank Commissioner McCray for providing the supplies for the Ment2Makeit project. He thanked the police department allowing the interaction of the youth. Mr. Voce noted this was a mentoring program, but he has high hopes that it will become more. He believes there needs to be more done within the community, something more proactive. It was about more than just playing, it was about educational needs as well as the mentoring. 6 Page 351 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Commissioner McCray noted he was impressed with the Ment2Makeit, he was not aware of what they did. He was thankful Mr. Voce came back to become a positive role model. Commissioner McCray stated he would like to give $500 from his discretionary fund to Ment2Makeit, LLC. Motion Commissioner Casello moved to approve. Seconded by Commissioner McCray Vote The motion unanimously passed. Motion Mayor Grant moved to approve Commissioner McCray's request to donate $500 from his Community Support Funds to Ment2Makeit, Inc. Seconded by Commissioner Romelus Vote The motion unanimously passed. Mayor Grant read items that were moved from New Business 12. C. Approve PROPOSED RESOLUTION NO. R17-113 - Resolution of City of Boynton Beach in support Florida House of Representatives House Memorial 263 urging the President to extend Haiti's Temporary Status designation for at least 18 months beyond its current January 22, 2018 expiration date. Representative Al Jacquet is available to comment to this topic. Kesnel Theus, Jr, Legislative Aide to Representative Al Jacquet, wanted to thank the Commission on presenting this resolution. It was very important to extend Haiti's Temporary Status designation for at least 18 months beyond its current January 22, 2018 expiration date. Although Haiti has made some improvements, the Country has faced some unforeseen circumstances, such as the Cholera outbreak which killed thousands. Mr. Kesnel informed the Commission that Representative Jacquet traveled to Washington, DC and met with several members of Congress and the Senate. He indicated this was one issue that has bipartisan support. Commissioner McCray indicated the Commission should do what was requested. Mayor Grant requested a motion. 7 Page 352 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Mayor Grant read items that were moved from New Business 12. D. Discussion on Public Art as requested by Vice Mayor Katz. Vice Mayor Katz, was trying to pay closer homage to the marine and coastal elements, this was a hard working class town. He said people have different views on art. He wanted normal art, without fancy named art. He said this was his take; he wanted to see more stuff that looked like a marine theme, less expensive to make it a middle class type. Mayor Grant agreed with the Vice Mayor. The Boynton Beach Art District has the working class price range. Maybe that could be something that could be discussed at the CRA meeting. The Art Center does great work. He indicated the City Manager has purchased some of the winning art. He would like to see more art in the community. Commissioner McCray stated art comes in all forms. Commissioner Casello asked how the Arts Advisory Board makes a selection. He wanted to know about local artists, or was the City going to get fancy names. Debby Coles-Dobay, Public Arts Manager advised, the City has a total of 81 pieces of artwork in its collection. She indicated 14% was from Boynton Beach Artist, 27% local artists, and 18% was state national and international combined. She stated there was an artwork criterion. There was the artist qualification, there was a call to artist, and there was a diverse collection. Ms. Coles-Dobay stated the Art Advisory Board was very diverse. Before artwork was chosen they have long conversations on type of art. She stated the City of Boynton Beach has lots of fish. You can take a virtual tour. Vice Mayor Katz asked if the developers can select their own artist. Ms. Coles-Dobay responded as long as the conceptual idea was adhered to. The committee must have the artist background information; they must be a prominent artist. She said public art must meet certain criteria. This project is a huge project. We do offer to do a call to artist. Vice Mayor Katz asked how it was done. Did the developer go before the board to present their ideal? He asked if they needed to have multiple items. Ms. Coles-Dobay 8 Page 353 of 754 s Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 indicated the art was based on the site, the originality, iconic, design, form and conceptual technical type. She indicated there was usually one presentation. Vice Mayor Katz asked what happens when the developer makes a presentation and the board rejects the artist or the artwork Ms. Coles-Dobay stated there was guidance through the criteria, which would be the celebration of glass and eco art. It is what speaks to the community. Vice Mayor Katz inquired about rejected proposals. Ms. Coles-Dobay stated not rejected but guided. She said this was most robust conversation the Commission has had regarding art Mayor Grant stated he attended an Art meeting and the meeting was very informative. They were having vibrant discussion. Ms. Coles-Dobay indicated the builders come in with their ideas. This would be based on the criteria; they cannot dictate what they want. There was a selection process. The Artist receives a stipend. Commissioner Casello said as far as the artwork, the final say stays with the Art Advisory Board. Ms. Coles-Dobay responded yes, based on the criteria. Everyone must adhere to the criteria. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL 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) Jerry Taylor 1086 SW 26 Avenue, pointed out in the past year, this Commission has loaned the golf course a great deal of money. Golf has dealt with 27 inches of rain. He stated he has been out there; the greens and fairway were outstanding. He has played on many different courses. The City can be very proud of the golf course. It is a gem for Boynton Beach. Susan Oyer 140 SE 27 Way, wanted to thank Commissioner Romelus for judging the Seacrest Estate Halloween contest. Joan Mercurio 68 Vista Del Rio, stated she observed a young man doing the work of two men. She contacted the City of Boynton Beach; she spoke with a supervisor who stated this was the way that it has always been. He said if she did not like it to go to the Commission meeting. Commissioner McCray noted it has not always been like this. 9 Page 354 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 i Cindy Falco-D!Corrado, 316 NW 1St Avenue, indicated she wanted to speak about the marijuana store just off of 1-95. There was a big sign on the window that says no appointment necessary, walk-ins welcomed, with a big marijuana leaf on the door. This was not what was told to the public. The Commission stated it would be in an inconspicuous building, that it would be a drive thru. Those that were prescribed by their own physician would go inconspicuously and pick up their medical marijuana. This was not what this is. This place looks like it is set up for recreational use of marijuana in the future. It looks like it was for the money. She shared a conversation with a young man regarding medical marijuana; he wanted marijuana legalized because many college students get busted, get their career ruined. Let's educate people to learn how to use coping skills. The young man told her no one ever died of marijuana. She stated her son died because of marijuana. The only drug in her son's body was THC. She questioned how many people must get hurt and suffer because of what the Commission calls medical cannabis, and what she calls dope. Ms. Falco-DiCorrado stated THC was a mind alternating drug. Commissioner Casello noted that this was not a dispensary, but a doctor's office where the patient can go in to receive a prescription. Mayor Grant stated this building was more of a thrift shop right now. Mathi Magilan Paguth Arivalan, 5102 Mahogany Drive, he wanted to bring up three items. The first being the raising water levels. The public notice section on the website. He said the website has some glitches, it shows a meeting of June 22 only for the Town Square meetings; he knows there has been a more recent meeting. The link for tire amnesty does not work. He would like to know what does tire amnesty mean. Item number three, the City provides the residents with three bins for recycling, but apartments do not have any bins; all the residents in the building dump everything into one bin. He inquired if the City separates for recycling? He wanted to suggest that apartment communities be provided different types of bins. Mayor Grant indicated commercial and industrial locations are not required to recycle. It was an extra charge for them. All residents must recycle. He advised the resident to speak with Jeff Livergood Director of Public Works and Engineering. Commissioner McCray said Mr. Livergood would explain about tire amnesty. Commissioner Romelus wanted to thank the Utilities Department for all the work that they did for the community. They had extreme flooding the last few weeks. 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 (Student Nonvoting Stu (N/VStu) openings exist. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: 10 Page 355 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Alt Mayor Grant stated there were no applications for the vacant positions. B. Discussion as to whether Commission wishes to changes the following Commission Dates in 2018: Tuesday, September 18, 2018 Tuesday, November 6, 2018 Mayor Grant indicated he would like to move the meeting from September 18, 2018, to September 17, 2018. He stated this was the beginning of Yom Kippur. Mayor Grant requested to move the November 6, 2018 meeting to Monday, November 5, 2018. This was the 2018 General election for the County and State. Commissioner Romelus stated she was in agreement of moving the November 6, 2018 meeting to Wednesday, November 7, 2018. Commissioner McCray was in agreement for November 7, 2018. Mayor Grant asked for a motion. Motion Commissioner McCray moved to change Commission dates for 2018. Vice Mayor Katz seconded the motion. Vote The motion was unanimously approved. C.Authorize members of the Planning & Development Board to attend a Planning Officials Training Workshop on Friday, November 17, 2017 at the Village of Palm Springs, FL. Commissioner McCray asked if there was a cost to the City. Lori LaVerriere, City Manager, responded the cost was $25 per person. The American Planning Association does an excellent job with the training. This would be a great training opportunity for a very low cost. She stated if the Commission had the time this would be a good opportunity for them as well. Commissioner McCray asked if anyone has signed up for the workshop. Ms. LaVerriere replied she had not canvassed the board to ask. She wanted to bring this before the Commission first. Mayor Grant asked if the price of the workshop included the lunch. 11 Page 356 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 He said he was ok with spending up to $175 for the regulars and alternates to go to the training. Commissioner McCray was in favor of this. He noted the City was looking for people to serve on boards and they should be knowledgeable. Motion Commissioner McCray moved to approved. Commissioner Romelus seconded the motion. Vote The motion was unanimously approved. 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. R17-100 - Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 2, for the Annual Holiday Parade. B. PROPOSED RESOLUTION NO. R17-101 - To support and encourage the efforts 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. C. PROPOSED RESOLUTION NO. R17-102 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. D. PROPOSED RESOLUTION NO. R17-103 - Approve Amendment to Agreement for Special Magistrate Services to increase the Special Magistrate's hourly rate. Commissioner Casello asked if Mr. Stokes was in the audience. Mr. Stokes was not present. Mr. Stokes currently makes $140 per hour; he has requested an additional $60 per hour. Commissioner Casello noted the City Attorney makes $205 per hour. He does not see a need for an increase. This went out for an RFP; the bid was $140 per hour. Mr. Stokes works about 2 to 2.5 hour each time he comes in. His job was to say "guilty". Commissioner Casello asked why this item was placed on the consent agenda. He asked in future if an employee or anyone else was requesting such a drastic increase in the hourly wage, have it placed on new business. He did not know if anyone else saw 12 Page 357 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 i this. He was glad he did. Commissioner Casello was asking the Commission to refuse the request for the increase. Mayor Grant stated he spoke with the City Manager regarding the increase; there has not been an increase for the past four years. The reason why he was for this, he feels the City did not have an option. Mayor Grant stated the City did not have another magistrate. They need to request other magistrates in the community and send out another RFP. He believes $200 an hour for a magistrate was reasonable. Commissioner McCray asked Ms. LaVerriere how much does the Community Standards Magistrate receive per hour. Ms. LaVerriere indicated she did not have that information. Commissioner McCray indicated he was not in agreement with different amounts, he suggested tabling this until the Commission receives additional information. Mayor Grant agreed the payments should be equal. Commissioner Romelus asked for this to be placed on the Consent Agenda. Motion Commissioner McCray moved to table. Vice Mayor Katz seconded the motion. Vote The motion was unanimously approved. Mayor Grant stated that the Item D was tabled till next meeting, to be placed in Unfinished Business. Commissioner Casello asked if the Mayor would have a conflict of interest, on voting on this issue. Mayor Grant stated he was not a Licensed Magistrate or a Mediator. E. PROPOSED RESOLUTION NO. R17-104 - Approve and authorize the City Manager to sign a proposal/contract with M&M Asphalt Maintenance Inc., d/b/a All County Paving of Delray Beach, FL, in the amount of $76,815.61, plus a 10% contingency in the amount of $7,700 for a total cost of $84,515.61 for the purpose of restriping several of the City's streets utilizing the City of West Palm Beach's Paving Contract #16393 pricing, terms and conditions F. PROPOSED RESOLUTION NO. R17-105 - Approve and authorize the City Manager to sign an Agreement with Ballard Partners, Inc. of Tallahassee, FL for RFP No. 071-1210-17/I7 - Appropriations Lobbyist Services for the City of Boynton Beach in the estimated annual amount of $60,000 plus expenses, and 13 Page 358 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 authorize the City Manager to renew the Agreement for three (3) additional one- year renewal periods. G.PROPOSED RESOLUTION NO. R17-106 - Authorize the City Manager to sign and apply for a grant from the Solid Waste Authority for a Rolling Green Gate Project. H.PROPOSED RESOLUTION NO. R17-107 - Approve and authorize the Mayor to sign an agreement with the City of Lake Worth and AL Hypoiuxo, LLC to provide wastewater service to a parcel on the Northeast corner of Hypoluxo Road and High Ridge Road. I. Approve utilizing the State of Florida contract no. 41120000-15-ACS with Fisher Scientific Company, LLC for the purchase of consumable laboratory supplies for the Utilities Department, for a not-to-exceed amount of $40,000. The City of Boynton Beach's (City) purchasing policies allows for the utilization of State of Florida contracts. J. Approve the ranking of the proposers as determined by the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm Ric-Man International, Inc. and establish contracts in accordance with Request for Qualifications (RFQ) No. 037-2821-17/TP for Central Seacrest Corridor Utility Improvements Phase II and as per Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the Contracts will be brought back to the Commission for approval. K.Approve the minutes from the Regular City Commission meetings held on September 19, 2017 and October 17, 2017. Mayor Grant asked for a motion. Motion Vice Mayor Katz moved to approve the Consent Agenda as amended. Seconded by Commissioner McCray. Vote The motion was unanimously approved. 14 Page 359 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 1 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R17-108 - Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of$117,320 for the continued maintenance and repair of the City's radio telecommunications systems as a sole source vendor. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote Unanimously approved. B. PROPOSED RESOLUTION NO. R17-109 - Approve utilizing National Joint Powers Alliance (NJPA) EZIQC Contract #FL02GC1-051716-JCL with Johnson- Laux Construction LLC of Orlando, FL for design and construction of modifications to the Utility Administration Building for a not to exceed price of $ 250,000, and authorize the City Manager to sign the proposal and Detailed Scope of Work. Commissioner McCray noted when the citizens see the City spending $250,000 the Commission needed to explain. He stated this was for the safety of the employees. This was something that needs to be in place. Commissioner Romelus stated funding was not coming from the General Funds; the Funds were allocated from the Utility Funds. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote Unanimously approved. C. PROPOSED RESOLUTION NO. R17-110 - Approve and authorize City Manager to sign a five (5) year renewal agreement with Sensus USA, Inc. (Sensus) for Advanced Metering Infrastructure (AMI) in order to maintain the standardized meter reading equipment and maintain the meter reading efficiency that has been achieved. Estimated five (5) year cost is $415,000. 15 Page 360 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Commissioner McCray asked how long the system has been in place in the City of Boynton Beach. Mr. Groff responded he believed it has been about 6 years; it replaced the previous system that did not work well. Commissioner Romelus inquiredhow long was the life span of the project. Mr. Groff replied it was usually between 7-10 years. The sensors and the software package has the ability to perform accurate billing, and can provide information about water usage within 10 minutes Ms. LaVerriere stated the City has replacement parts at the warehouse. When technology changes the City will be provided with upgrades. The City has changed more than 35,000 meters. This was done over a three year period. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion.. Vote Unanimously approved. D. PROPOSED RESOLUTION NO. R17-111 - Approve an Agreement with Caler, Donten, Levine, Porter & Veil, P.A. of West Palm Beach, FL for Financial Auditing Services for the City of Boynton Beach for the fiscal years ending September 30, 2017, September 30, 2018, and September 30, 2019, with audit fees for each fiscal year of $106,725, $106,725 and $106,725, respectively, in the three-year total amount of$320,175, RFP #072-1410-17/IT. Commissioner McCray inquired if this was a new company. Tim Howard, Assistant City Manager, replied the City has had this company for the last five years. They were at the end of the renewal cycle. A new RFP was submitted and 8 responses were received. They were ranked number one. The fee was set for each year for the three years. Mayor Grant noted they have never had any problems with this company. Mayor Grant asked for a motion Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. 16 Page 361 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Vote Unanimously approved. E.Authorize utilizing the State of Florida Alternate Contract #43220000-W SCA-14- ACS for the purchase of Avaya network infrastructure equipment from STEPCG in the amount of $64,735.52. The City is allowed to purchase from State of Florida Contracts. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote Unanimously approved. F. Approve utilizing the Palm Beach County, FL Sole Source Solicitation SS55542 with IXOM Watercare, Inc.) for MIEX DOC Anion Exchange Resin with the same terms, conditions, specifications and pricing. The maximum anticipated annual expenditure for the purchase of MIEX DOC Resin is $275,000. Palm Beach County has complied with purchasing policies and considered this as a sole source provider of resin. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote Unanimously approved. G.PROPOSED RESOLUTION NO. R17-112 - Authorize the City Manager to sign a support agreement with Public Safety Software solution from Spillman Technologies, Inc. and to sign financing documents with Motorola Solutions Credit Company, LLC to finance the purchase price $925,000 Commissioner McCray inquired about the original price. Mr. Howard explained this was a result of the RFQ for police software. The Commission approved the ranking. Staff negotiated with the top ranked firms. The proposal came in at $1.1 M. Staff was able to negotiate, and get the cost down to $925,000. Staff was able to negotiate annual maintenance cost for years 2-6, with a 3% cap increase each year. The initial proposal for the year 2 maintenance was $120,000, staff negotiated down to 17 Page 362 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 $85,000. Guaranteed a 3% increase for the next 5 years. On the financing side the project was funded over the next six years. On the financing side staff was able to negotiate a $300,000 down payment; this amount was budgeted in the CIP (Capital Improvement Fund). This project was funded over a 6 year period in the CIP. Last year, was the first year budgeted; we have the $350,000 cash to pay the down payment. We will finance $575,000 over four years thru Motorola Credit. The budget that the City has is 4 annual payments of $156,000. The amount in the CIP was $190,000 per year. Mr. Howard stated the City was within Budget. Mayor Grant requested an explanation of what the software would do Captain Rich McNevin, Committee Chair, noted the project will increase the efficiency for the Police Department. He explained now an officer must open up five different programs in order to complete the report. With this system, the officer would only need to log into one program. The name copies into all other forms. The increased in efficiency would be incredible. This would decrease the amount of time working on reports and get them back on the street. Commissioner McCray indicated he wanted to see less sitting and more writing. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote Unanimously approved.. H.Authorize utilizing the State of Florida Alternate Contract#43211500-W SCA-15- ACS for the purchase of Datrium DVS compute nodes, data nodes, and host software from Transource Services Corp in the amount of $186,329.56. The City is allowed to purchase from State of Florida Contracts. John McNally, ITS Director, indicated this purchase was to replace the servers and storage at three key locations; the existing equipment was either at or near end of life for most of the components. This was replacing the infrastructure; any equipment that has any useful life was being repurposed. Ms. LaVerriere indicated that was being paid out of the surtax program. Commissioner Romelus indicated as she looked at the rankings and the next company that came in line, was almost $100,000 above the one that was chosen. She asked are we not just choosing the lowest bid, but the best firm in terms of technology. 18 Page 363 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Mr. McNally explained staff was looking at the most viable solution, one that has the best options as well as the price. It was a combination; this solution had the most robust set of features as well as the best pricing. Charles Steven, Network Manager indicated staff was able to get the amount $250,000 less than the NASPO contract pricing. The company was young and eager to get more clients. Mayor Grant asked for a motion. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote Unanimously approved. 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. 17-030 - SECOND READING - Approve 711 North Federal Highway Abandonment (ABAN 17-007) request 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). Attorney Cherof read Proposed Ordinance No 17-030 by title only on second reading. Mayor Grant requested a motion. Mayor Grant opened public audience. No one coming forward, Public Hearing was closed. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. 19 Page 364 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 i Vote City Clerk Pyle called the roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 17-031 - SECOND READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II, 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. Attorney Cherof read Proposed Ordinance No 17-031 by title only on second reading. Mayor Grant requested a motion. Motion Vice Mayor moved to approve. Commissioner Casello seconded the motion. Mayor Grant opened public audience. Cindy Falco-DiCorrado, 316 NW 15t Avenue, understood this was being called a marijuana dispensary. She stated she called the business to see what the business was about. When she called the person stated she could come in and pay $199 and see a doctor. This was a money making venue. She said this would be detrimental to the community. She indicated there are homeless people with mental illness. THC is a known as a mind alternating drug. Vice Mayor Katz wanted to clarify no one wanted a mentally ill person to smoke marijuana. This was something that has overwhelming support. This was something that was being used for medical purposes. He indicated he was for businesses providing access to the medical marijuana as stated in the Ordinance. The City will not interfere with doctors prescribing medical marijuana. Mathi Mugilan Paguth Arivalan, 5102 Mahogany Drive, remarked, with all due respect to the previous speaker, there was no scientific data to relate mental illness to THC. There was a huge epidemic in opioids. The more people turn to other medication such as opioid, people are getting addicted to prescription medications. He sees that as a bigger problem. Commissioner Casello indicated he would be more concerned with someone who is suffering from mental illness having a gun. 20 Page 365 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Vote City Clerk Pyle called the roll. The vote was 3-2. (Commissioner Rome/us and Commissioner McCray dissenting) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Mayor Grant requests approval for $300 of his Community Support Funds to be donated to the Ment2Makelt, Inc. (Heard earlier in meeting) B. PROPOSED RESOLUTION NO. R17-113 - Resolution of City of Boynton Beach in support Florida House of Representatives House Memorial 263 urging the President to extend Haiti's Temporary Status designation for at least 18 months beyond its current January 22, 2018 expiration date. Representative Al Jacquet is available to comment to this topic. (Heard earlier in meeting) C. 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. Attorney Cherof, indicated the backup was put together by the City Clerk's office. The backup contains the information regarding the current composition of the boards, board requirements, and terms of offices. The back —up also contains a comparison with other municipalities and the County with respect to other boards and other comparable information. If the Commission wanted to change, this needed to be done through a comprehensive ordinance. If the Commission wanted to have uniformity of requirements or conditions or individually by boards, it would need one or more ordinances to modify these changes. Vice Mayor Katz asked if there were any specific recommendations. He did not recall the genesis of this issue. Attorney Cherof explained the issue was with an individual serving on more than one quasi-judicial board. A quasi-judicial board would have final say. Those conflicts are eliminated under the current policy. He does not see anything that would come into play. 21 Page 366 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Commissioner McCray asked if the City has a problem with any of the boards. Attorney Cherof stated he has not seen any problems regarding these boards. The Clerk could speak on this issue. Judith A. Pyle, City Clerk responded there were no problems. We do have some reappointments in December, some are March and April. This was at the Commission discretion. There are some boards that no not have and end date. Ms. Pyle stated it would be good if the City had the re-appointments at one time. Some are in April, some are June, and some of the boards' members do not have any term limits to be reappointed. Vice Mayor Katz asked would it be appropriate to request any glaring issues, that the Clerk would see an inconsistency. If there was an issue it can be sent to the Commission. Ms. Pyle would have the best view on this situation. Commissioner McCray asked did we have it where we appointed all boards at one time. City Clerk Pyle responded yes. Board members whose terms were expiring are reappointed in December. Commissioner McCray asked about the discrepancy with the boards. Ms. Pyle replied the ordinances were created over time. Mayor Grant stated he would like to have a universal December reappointment. He wanted to have a two year term and have it alternating. Except for the Citizen Oversight Committee, we make this as uniformed as possible, and the Building Board Adjustment and Appeal we allow for the business owners as well, because it was sometime difficult to find qualified residents with the specific qualifications. Ms. Pyle stated the Building Board of Adjustment and Appeals had a scheduled meeting. Mayor Grant asked if everyone was in agreement with what was said. Commissioner McCray asked if staff needed direction from the Commission. Mayor Grant stated they had a consensus. D. Discussion on Public Art as requested by Vice-Mayor Katz. (Heard earlier in meeting) 13. LEGAL - None 14. FUTURE AGENDA ITEMS A. Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - December 19, 2017. 22 Page 367 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 B. Quarterly report on red light camera program (Oct 2017-Dec 2017) - January 2018. C. Quarterly report on gov't surtax fund (Oct 2017-Dec 2017)— January 2018 D. Staff to research possibility of allowing dogs at the beach during certain hours and bring back to Commission —TBA E. The Commission has requested for a representative of ATA to attend a Commission meeting to discuss possible additional features/services —TBD F. 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 8/95, 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). G. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Leisureville Property Rolling Green Scrub Parcel by Galaxy School Girl Scout Park H. Approve Exeter / Sterling Records Phase III Major Site Plan Modification (MSPM 17-008) to construct a one-story, 56,160 square foot warehouse building and related site improvements, located at 1210 SW 35th Avenue in the M-1 (industrial) zoning district. Applicant: Allan Hendricks, Caulfield &Wheeler, Inc. I. Approve Aldi Grocery Land Use and Rezoning (LUAR 17-006) to support the intended 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant Bonnie Miskel, Dunay, Miskel & Backman, LLP. 1. Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC). 2. Rezone from C-1 (Office and Professional) to C-3 (Community Commercial). J. Approve Aldi Grocery Variance (ZNCV 17-001) for the relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III, Section 23 Page 368 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet, for a proposed Aldi Grocery Store within the C-3 Community Commercial zoning district. Applicant: Bonnie Miskel, Duany, Miskel & Backman, LLP. K. Approve Aldi Grocery Community Design Appeals (CDPA 17-006) from 1) Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article III, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter 4, Article III, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article III, Section 7.J.1. "Off-street parking locational criteria". Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. L. Approve Aldi Grocery Major Site Plan Modification request (MSPM 17-005) to construct a onestory, 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. M. Requested staff to look at Palm Beach County Panhandler Ordinance. N. Requested staff to look at the City of Boynton Beach Sign Ordinance. Mayor Grant wanted to make sure staff looked into the Palm Beach County Panhandler Ordinance and the Sign Ordinance Commissioner McCray indicated at the last Commission meeting he brought up people in the right of way, the men and women in blue were able to get them to move 15. ADJOURNMENT Motion Vice Mayor Katz moved to adjourn. Commissioner McCray seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:10 p.m. (Continue on next page) 24 Page 369 of 754 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor- Justin Katz Commissioner— Mack McCray Commissioner- Christina Romelus Commissioner - Joe Casello ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 25 Page 370 of 754 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD ON TUESDAY NOVEMBER 7, 2017, AT 4:00 P.M. IN COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Mack McCray, Commissioner James Cherof, City Attorney Christina Romelus, Commissioner Judith A. Pyle, City Clerk Joe Casello, Commissioner ABSENT: Justin Katz, Vice Mayor 1. OPENINGS A. Call to Order- Mayor Steven B. Grant Mayor Grant called the meeting to order at 4:01 p.m. Invocation Commissioner McCray gave the invocation. Pledge of Allegiance to the Flag led by Commissioner McCray Roll Call Judith A. Pyle, City Clerk, called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant asked if any Commissioner was interested in speaking about partitioning of the High Ridge site as part of the Town Square presentation and update. Mayor Grant stated if the City sells the property, the land value could increase the City bottom line and the City could create a revenue stream from property taxes. Motion Commissioner Casello moved to add partition of the High Ridge site. Seconded for discussion by Commissioner Romelus. Page 371 of 754 Special Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Vote 3-1 (Commissioner McCray dissenting) 2. Adoption B. Town Square Presentation and Updates Colin Groff, Assistant City Manager, indicated the project began more than a year ago. Mr. Groff stated the development team consisted of: City of Boynton Beach, Boynton Beach Community Redevelopment Agency, E21- Real Estate Solutions / CFB Boynton Beach Town Square, LLC, Atwater/Piper Jaffray, ADG Architects, HJ High Construction, REG Architects, Straticon, Inc., Baker Barios Architects, Haskell Construction, Kimley-Horn Engineers, JKM developers/Blackrock, Finfrock Industries. Mr. Groff reviewed the purposed project schedule. He stated the Commission provided approval to initiate the project on July 18, 2016. The Draft RFQ was reviewed by the Commission on September 20, 2016. Part I Team Shortlisted on January 17, 2017. The Part II Final Team selection was April 18, 2017. The Phase I contract approval was June 12, 2017. The contract was executed June 20, 2017 for Phase I services. The historical High School renovation work began August 1 , 2017. Mr. Groff stated there have been partnering Meetings conducted July 27, 2017 and September 28, 2017 to establish project goals. The Commission received updates on August 21 and September 25, 2017. There were Public Meetings / Charrettes held during July through August 2017. Mr. Groff indicated Phase Services will be completed November 2017. Mr. Groff continued with the project timeline for the Commission approval to initiate the Town Square Project. Phase I services consisted of 30% design services for Police Station, Fire Station, City Hall, Library, parking garages and Civil infrastructure. The Guaranteed Maximum Pricing (GMP) for each public component of the project has been provided for Commission to review. The private development conceptual site planning has been reviewed by staff. The site plan and associated information will be submitted to the City for the formal review and approval process within one week of consensus to move forward with the project. Phase II contract development was underway. The Project financing package will be submitted by the Development Team on November 17, 2017. An update was presented to the public on November 1, 2017. The City Commission was meeting to discuss Phase ll, the contract and financing plan on December 5, 2017. Tentative Phase II Contract approval including a (GMP) Guaranteed Maximum Price and financing plan. January 15, 2018, all contracts executed and Phase II design/ construction should be underway. March 1, 2018 construction starts on Police Station and Fire Station sites. April 1, 2018 Library staff/systems relocated to 2 Page 372 of 754 Special Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 temporary facilities to start construction on a new City/Hall Library complex. May 1, 2018 demolition of existing Civic Center buildings and Library for construction of the new City Hall, south garage and residential units. June 1, 2018 construction to begin on the garage and City Hall/Library begin construction along with infrastructure for south quadrant on Town Square. August 1, 2018 the Historic High School construction should be completed. The next phase would be to have furniture, fixtures, equipment installation. September 1 , 2018 City civic functions and staff relocated to Historical High School and operations commence. May 1, 2019 Police Department and Fire Station 1 buildings completed. September 1, 2019 City Hall/Library completed and demolition starts for north grid construction. Mr. Groff indicated the Master Plan consist of 16.5 acreage site. The site would have full underground utilities and telecommunication infrastructure, new roadways, landscape, lighting and pedestrian access. He stated the current cost current Construction Costs: Site Work $10,574,480. Utilities $3,073,572. Demolition cost of $2,040,202. Mr. Groff showed the inside of the Old High School. The floor could not be saved; boards were placed on the floor. The demolition work consisted of 28,000 square feet. Mr. Groff continued to the next item, Town Square/City Center. Commissioner Casello inquired about the art fee for $100,000 would be incorporated into the entire project. He asked why each building has certain dollar amount assigned to it. Mr. Groff replied the City was carrying the art fee for each individual component. He responded yes, it would be combined when we get to that level. He wanted to make sure these fees were accounted for. The fee was for the art and the permitting. Mr. Groff stated he wanted to make sure the City knows how much each component was costing. Mr. Groff informed the Commission of changes from the last update. He noted there were some construction issues that were found. He stated the City could save substantial money on the construction of the building by going to a tilt wall construction. Also, indicated if the chamber was moved to the outside wall, the City could see a cost savings there as well. He said the original design had the chambers inside the building. If the chamber was moved outside it would cut a lot of cost of the steel. That was substantial saving. Mr. Groff indicated if the rounded wall was squared it would make the building stronger. He said the second floor was the same. Commissioner McCray asked if staff was consulted in the design. He indicated the staff would be utilizing the space. Mr. Groff explained he did space programming. The team met with all departments that will be in City Hall, individually as well as a whole. The team walked through all of staff's needs. Staff has input regarding the square footage and design ideal were addressed. A Librarian from the firm worked directly with the City Library staff to ensure the functionality the Library needed 3 Page 373 of 754 Special Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 would be incorporated into the allocated space. He indicated all of the users had input. Commissioner McCray asked if this was the Library consultant used for the prior Library. Mr. Groff replied this was a different consultant. Mr. Groff indicated the next topic was the parking garage. The south parking garage was located just south of the new City Hall. The City would place some public restrooms in the garage. This would be finished, air-conditioned rest rooms. The rest of the garage was for public/ private parking. All of the private parking was being paid for by the developer. Mr. Groff stated if the City owns the parking garage it will control the parking. He explained the garage has 7 parking decks and 827 parking spaces; it includes public/private and residential parking. Current construction cost was about $14M. The large LED screen would be about $1.8M to install. He stated he believes some sponsors could be brought in to pay for the screen, outside of the project. Commissioner Casello asked in what direction the screen faces. Mr. Groff responded the screen would face the park. He indicated there are trees that needed to be moved, but he informed the Commission this cost was already budgeted. The trees would be moved to a better area of the park. Commissioner Casello asked if the City was charging for parking. Mr. Groff responded currently the City would not charge for parking. He stated as the parking areas become more popular, staff could make the decision to charge. He indicated the fee for parking was not built into the budget. Mayor Grant asked if the garage would have certain time when parking was not allowed. He did not want the garage used for storage. Mr. Groff stated the City would need to hire a Parking Management Company. The company would make sure that there is no overnight parking. Commissioner McCray asked about the large LED screens on the garage, would there be speakers. Mr. Groff replied there are plans to add sound and high speed Wi-Fi, with speakers throughout the park. Mr. Groff continued the Fire Station 1 was being relocated to NE 1St street; it has a two story building with three apparatus bays. He indicated this building was over budget. The cost for this building was $4.9M. The original budgeted cost was $3.9M. Commissioner Casello indicated he worked in fire stations for more than 30 years. He asked if this was something new in Florida fire stations. He indicated the building looked space age. Mr. Groff agreed the fire station needed some work. He also acknowledged it does not match the Town Square design. Commissioner McCray asked for the present square footage of Fire Station 1 . Mr. Groff stated he did have the answer. 4 Page 374 of 754 Special Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Mr. Groff indicated the Police Department on the High Ridge site was purchased as a safety complex. The site was 5.4 acres. He indicated an acre of the site had a storm water pond as well as a berm required by the Quantum Park Overlay district. There was about 4.5 acres available for the Police Station. He also stated the Police Department site needed to use a little of the Fire Department property to make it work. The team looked into using only 2 acres of the High Ridge site. He informed the security was an issue; a 10 to 12 feet masonry wall would be needed to separate the different uses. Also, the building would need to go up 3 or 4 stories. Mr. Groff indicated the big ticket item would be the need to build a parking garage. Mr. Groff informed the Commission the cost for the parking garage could be between $16,000 to $20,000 per parking space. The cost would be somewhere between $12M to $20M. He indicated this would be to squeeze the Police Department on 2.5 acres. Commissioner Casello asked how much the parking garage that is currently being built. Mr. Groff replied the original garage would hold 300 cars and it would be built at a cost of $6M. Commissioner Casello asked why are we are building a 200 car garage for $12M. Mr. Groff explained this was not just for the garage, it was the building as well. When you go multiple stories the building cost increases. Commissioner Casello asked how much to build the garage here in Town Square. Mr. Groff stated the cost was $14M. to build. Commissioner Casello asked why it is the same price. Mr. Groff indicated it would be additional for the building. It would be for 800 cars. It would be an additional $5 to $6M. It would be additional for the accessory for the building. He stated that this was a very rough number. Commissioner Casello stated this was the problem. He indicated he was on board with the project, but the City does not know the cost of the building. He said the City was designing a building, but do not know how the City was going to pay for it. Mr. Groff indicated that the original budget was $20M; the City was about $1.6M over budget. He stated they are close to the original budget amount. He indicated that he could be off about 20%. Commissioner Romelus asked where the parking garage would be built. She asked if it would be under the police department or a separate building. Mr. Groff stated that it would be a separate structure. He said that 2.5 acres was not enough space to build a Police Station. He stated this site was not great for any type of business, because of the access. He continued to say, anything can be built. But it would cost a great deal of money. Commission Casello asked why so many parties are interested in this parcel. Mr. Groff indicated the last unofficial offer was $2.5M. He said this was a little less than $500,000 per acre. 5 Page 375 of 754 Special Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Commissioner Casello asked if Mr. Groff would say the High Ridge property was the most valuable acreage that the City of Boynton Beach owns. Mr. Groff replied he was not sure of the value. Mr. Groff noted there was value to the sale of land and the potential use of land. The Commission has spoken about the High Ridge site several times. The estimated taxes could possibly be between $20,000 to 30,000 per year. There are no other properties available at this time for the Police Department. He stated that could change in the future. Mr. Groff stated it may be the most valuable piece of property the City owns, but it is difficult to get to. He explained there are other issues regarding the property. Commissioner Casello asked if the Police Department would share some of those same issues. Mr. Groff stated the difference would be the police department is not a peak hour user. He continued to agree, there are some concerns. Commissioner Casello asked when the property was purchased. Mr. Groff replied the property was purchased 2004 for $4.5M. Commissioner Casello stated the property was purchased 13 years ago. Commissioner McCray indicated the reason why the relocation of the Police Department was because of the cramped quarters now; he was not in favor of placing the police department in another cramped area. He wanted to be diligent and fair. Mayor Grant indicated he was concerned with the feasibility of the site. He noted the present City Hall /Police station/ Fire station were on 3.7 acre which was a lot less, he stated there was a garage as well. It costed about $5M to $10M to build. Mr. Groff said it was about $20,000 per space. Mayor Grant stated it was about 100 spaces is about $2M. The Mayor indicated the City was able to use the CRA parking lot. He said he was not in favor of partitioning the parcel on High Ridge Road. Commissioner Casello stated the property was purchased in 2004 for $4.5M. Commissioner Casello noted no one wants to talk about change. He was in favor of partitioning the High Ridge site. He continued to state this was the most valuable property the City owns. Commissioner Casello noted there have been inquiries about buying the property. He believes that the money the City would get from selling the land plus the potential ad valorem tax was worth the reconsideration. Mr. Groff indicated this was a policy decision. He said whatever the Commission decides, staff would proceed as directed. Commissioner Casello contended the direction was hand-fed to the Commission. 6 Page 376 of 754 Special Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Mayor Grant asked for a Motion to partition the land on High Ridge Road. Motion Commissioner Casello made Motion to partition the High Ridge Road land. Motion failed without a second. Mr. Groff stated the next project was a Centralized Energy Plant for all of the cooling needs of the downtown district. This would be set up as a utility. The City would charge customers to use the chilled water. Right now it was located on the north garage edge. That may not be the final site. He stated this would be the worst site, cost wise. Commissioner Casello asked why Mr. Groff has not spoken about fuel cells. Mr. Groff stated that the fuel cells technology has been around for a long time. Generally they are used in areas where electricity costs were high. The fuel cells produce electricity and uses natural gas. The fuel cells work very well. The power cost in Florida was always very low. It was becoming more active because of back up power. Mr. Groff explained when there are critical infrastructure outages; generators must be used, they are very expensive to run and maintain. An option would be to install a fuel cell to provide base power for these critical structures; the City would run the fuel cell all the time, creating that base power. The peak power would come from the power company for supplement. Staff has looked at different power plans. One was at the east power plant. Staff has looked at the District Water Plant as an option to provide the temporary backup. Mr. Groff stated this was a very green system. When all the facts are available, staff would bring it to the Commission. One of the ways you can use the fuel cells, was to enter into an agreement where power is purchased, the company that owns the fuel cells put the fuel cell in, then sell the power from the fuel cells. The question becomes is it a savings. FPL costs are going up, so it is becoming more attractive in Florida. The City was looking at the different options. Commissioner Casello stated he likes the idea that it was green and cost effective. Mayor Grant stated beside the fuel cells, was staff looking into solar and wind turbines. Mr. Groff replied absolutely. He noted wind in Florida is not high enough consistently. Mayor Grant said he was speaking of the circular not the propeller wind turbines. Mr. Groff stated staff was looking at solar. He indicated some of the solar items can be expensive, but the payoff would be worth it. Commissioner Casello asked if the chilled water will be for all the residents as well as the new buildings. Mr. Groff indicated that was the plan. Commissioner Casello 7 Page 377 of 754 Special Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 asked would this be the same thing the fuel cell would be doing. Mr. Groff stated that it could serve the entire complex or pieces of the complex. The City would do what would make sense financially. The key critical infrastructure needs to run. Commissioner Romelus asked if there was potential for growth for the District Energy Plant. Mr. Groff stated that yes the City is going to build the plant so the District Plant can serve other projects. Mr. Groff stated the north parking garage was not going to be built right away. The question was does the City want the private developer to build the garage. In the financial package, there are advantages to both ownership and non-ownership. He stated the bottom floor of the garage can be activated. There are some other interests in the garage. He continued to say there could be some office and retail space. The cost for this was almost all privately paid. If the City builds this it would be paid for through the private uses. The project was about $18.6M, the first floor shell for the YMCA would be $2M. If the City does not build the shell, we could do the garage for $16.6M. The City would not build the shell unless there was a contract in place. Commissioner Romelus asked if the partnership with the YMCA or whoever it ends up being, depends on whether or not the City owns the garage. Mr. Groff stated that it can work either way. He believes there were many options. Commissioner McCray indicated his concerns are with all of the development downtown; his concern was with the parking. He stated the City lost part of the parking area since the Old High School was being renovated. Mr. Groff said a traffic study was completed. Commissioner Casello stated that he believed that the south end of the project would go first. Mr. Groff replied yes. Commissioner Casello asked what the timeline for the north end was and do we have a contract. Mr. Groff indicated there was a timeline of 12 to 18 months. Commissioner Casello asked if that would be in a contract. Mr. Groff said yes. Mr. Groff introduced Keith O'Donnell of Avision Young. Mr. Keith O'Donnell of Avison Young indicated his company was asked to take a look at the current plan and how to activate the plan. The company works with governmental agencies. He noted the restaurant space and the City has a great reputation for craft beers, the City could have some artesian that could create some glasses. The City has some very interesting ideas. 8 Page 378 of 754 Special Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Commissioner McCray informed the speaker nothing has been shared with the Commission. Mr. O'Donnell said this was an opportunity to have both start up and small business expansion. He noted the City could have class room education, makers' space, you- work and an opportunity to collaborate together with other businesses. Commissioner Casello asked was this the same thing that we will have in the Old High School. Mr. O'Donnell indicated Avision Young was inviting Higher Education to connect and incubate accelerated business growth opportunities. He stated some of the projects were the FAU Teach Runway, Lynn University, and Palm Beach State College. A representative with the Superlative Group indicated his company provides evaluation and sales services. The company has done many projects in South Florida. He has put together a rough draft of possible naming rights for City Common Park and Amphitheater, Parking Garage and Digital Boards, the Historic High School Community Center, the New Park with Kids Kingdom Playground. The evaluation estimates for City Common Park and the amphitheater would be about $75,000 annual free over 10 years, parking garage and digital boards $30,000, the Historic High School Community Center estimate of $30,000. The revenue generated from Digital Board advertising (up to $100,000 per year) if naming rights to all four assets were sold, the City of Boynton Beach could reasonably expect to generate $1.7M to $3M over 10-year terms. Mayor Grant asked if this was something like purchasing a cobblestone paver. Commissioner McCray said this would come with a cost correct. Mr. Groff replied yes. Mayor Grant asked if it would be for corporations as well. Mr. Groff replied yes. Mr. Graham White provided an update on tax credit options providing additional funds. He has identified three areas for tax credits: the High School, Parking Garage A and the Library portion of City Hall. The Potential Value of $3,000,000 - $4,000,000. Additionally, if the YMCA was located in the North Garage, the amount of new markets could be greatly increased to cover at least 20-25% of additional garage construction cost. He stated there was a potential value of $1 ,500,000 - $2,500,000. Mr. Groff stated staff was working with the Building Wealth Program. Mr. Groff indicated the projected cost estimate was $94,500,000. The current estimated coast was now $133,326,000. He explained there was an added cost of $12M, approximately $1,2550,000 -1.4M was for temporary Library space and collection archiving and RFID tagging. Increasing the size of the south garage by 67% to provide parking for the additional $8M, adding in a Central Energy Plant as an Enterprise Utility Fund to provide energy to the project $10M, additional 9 Page 379 of 754 Special Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 underground utilities and hardscape for additional development and larger park area, and construction costs higher than anticipated due to market demand $4.5M. He stated there are other sources that show that staff can meet the original plan. Mr. Groff indicated the Commission needed to finalize the financial plan. There needs to be some interim financing package. Commissioner Casello stated in June the budget was up $38M. The plan was presented as a neutral cost to the City. What type of effect does this have on the long term bond rating? Mr. Tim Howard, Assistant City Manager, replied it would certainly have an effect on the City, because it would be long term debt. He stated he was very cautious; he would be in a better position to discuss once he had all of the numbers. Commissioner McCray wanted to know when this would come back to the Commission. He wanted to use common sense as well. Mr. Groff stated the pian was to come back on December 5, to bring final costs. Staff would not recommend a project the City could not afford. Staff would provide a plan that meets the City needs and provide stability. When the Commission approves the project, it would be financially feasible. Commissioner McCray asked what about the Old High School. Would it have any impact on the Old High School? Mr. Groff stated there are options. He believes this can be done. Commissioner McCray said whatever was brought back, would the school house be completed. Mr. Groff stated that was correct. The Old High School will be completed. Commissioner Romelus asked what is being done to make sure the developers or the vendors are giving the City competitive pricing. Mr. Groff replied that that was part of the project. The vendors are encouraged to use local suppliers and have competitive bidding. Commissioner Romelus asked how the City can be sure that they are getting the best pricing. Mr. Groff indicated this was staff responsibility to make sure the pricing was in line with the City, are they meeting that local business. We must make sure that they are following the purchase. Commissioner Romelus stated staff has a lot on its plate. Staff needs to have the time to go through the invoices and make sure invoices and prices are competitive. Mr. Groff stated the cost included having contract employees to oversee the purchases. The contract employee job was to look at each invoice to make sure the City was not being overcharged. Commissioner Romelus indicated she wanted to have consistency with the slides. Mr. Groff agreed. 10 Page 380 of 754 Special Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 Commissioner McCray asked if Mr. Groff has ever done this type of project. Mr. Groff replied that he has, with J.A. Company as well as the City of Tallahassee. Mayor Grant stated that there was a consensus moving forward with the December 5t" timeline. There was a consensus to move forward with the project. 15. ADJOURNMENT Mayor Grant asked for a motion to adjourn. Motion Commissioner Romelus moved to adjourn. Commissioner McCray seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 5:10 p.m. (Continued on next page) 11 Page 381 of 754 Special Meeting Minutes City Commission Boynton Beach, Florida November 7, 2017 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor- Justin Katz Commissioner— Mack McCray Commissioner - Christina Romelus Commissioner - Joe Casello ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 12 Page 382 of 754 7.A. BIDS AND PURCHASES OVER$100,000 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Approve issuing purchase order for paving projects to The Paving Lady, Inc. of Boynton Beach in the amount of$98,684, plus a 10% contingency in the amount of$9,900 for a total cost of$108,584. This roadway project was divided into 6 projects in order to allow local businesses within Boynton Beach to quote on individual projects and to allow the city to award individual projects as opposed to issuing a formal bid for all projects together. EXPLANATION OF REQUEST: Over the past several years, City staff and elected officials have received a growing number of complaints about the deteriorating condition of the asphalt roadways from the residents living in the communities of: Baytree Clover Bend Lake Shore Heatherlakes North East Boynton W indemere Staff developed 6 individual projects in connection with asphalt work and sent them to 3 (three) vendors. The vendors submitted quotes for each project and after reviewing the pricing submitted, it is being recommended that the six projects be awarded to The Paving Lady, Inc, a local business with a City Business Tax Receipt. These projects are being funded from the Local Government Surtax. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted This project will be funded by the sales surtax tax dollars. The proposed cost, plus contingency of $108,584.00 shall be funded from the City's Capital Improvement Plan, Project Number: CP0266, and Account Number Fund-Location—Exp: 303-4904-541.63-08. ALTERNATIVES: Do not award purchase orders and issue a formal bid for all projects together. Staff is recommending to award the purchase orders and utilize companies that reside in the corporate limits of Boynton Beach. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 383 of 754 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Bid Results for Projects 12 thru 17 D Addendum Pa\Ang Lady Bid page 1 D Addendum Pa\Ang Lady Bid page 2 D Addendum Pa\Ang Lady Local Bus Cert D Addendum All County Pa\Ang Bid page 1 D Addendum Big D Pa\Ang Bid page 1 Page 384 of 754 Road Rehabilitation Bid Results Table For Projects 12 thru 12 Project Paving Lady All County Paving Big D Paving No. 12 $16,469.00 $18,146.00 $26,150.00 13 $16,706.00 $19,996.00 $25,275.00 14 $10,265.00 $11,955.00 $15,275.00 15 $21,113.00 $19,995.80 $33,725.00 16 $17,081.00 $18,734.00 $27,550.00 17 $17,050.00 $18,700.00 $27,500.00 MMJJJJM $107,526.80 $155,475.00 Page 385 of 754 P ng AM/ Sept 1, 2017 1000 W Industrial Ave Boynton Beach Fl 33428 Office: 561-572-2600 Fax: 561-572-2601 City of Boynton Beach Road Rehabilitation Projects 12-17 Meadows, NE Boynton , Mission Hill Attention: Gary Dunmyer City of Boynton Beach Engineering Division As per directions and breakdown provided(pages 1-13) and Appendix Existing Asphalt Repair, Signage and Striping 1. Saw cut and remove damaged asphalt at various locations as broken down by project on bid tabulation sheet 2. Add and compact new base material as necessary. 3. Tack areas with primer tack coat 4. Install new hot plant mixed asphalt Type S-III up to 1.5" thick at damaged areas. 5. Roll and compact new asphalt. 6. Remove and replace signs as specified. 7. Stripe thermoplastic crosswalk as specified. Notes: *** Jobsite will be barricaded during work. This contractor will not be responsible for persons breaking through the barricades, tracking sealer, damage or injury to cars or persons trespassing designated areas. *** Contractor not responsible for any buried irrigation or utility line. Relocation or repair is by owner. Due care will be given. *** Contractor is not responsible for any pre-existing environmental conditions or subsurface conditions. *** All asphalt bid at 1.5" thick. *** Contractor is not responsible for damage to sidewalks that are necessary to cross with our heavy equipment to complete the job. Due care will be given. Page 386 of 754 P ng A=/ Sept 1, 2017 1000 W Industrial Ave Boynton Beach Fl 33428 Office: 561-572-2600 Fax: 561-572-2601 *** This proposal is based on work being completed during the hours of 7: 00 am and 5: 00 pm, Monday through Friday (excluding holidays and weekends) unless otherwise stated. *** Any changes in the scope of work for any items not specified in this proposal will be an extra to this contract. *** All testing, as-builts, plans, and surveying is by owner. *** Contractor not responsible for existing asphalt drainage or standing water problems. Contractor cannot guarantee concrete in areas of standing water. *** Any additional work requested by owner and/or the building department during review or inspections will be priced accordingly. WE PROPOSE to furnish labor and material- complete in accordance with above specifications, and subject to conditions stated herein, for the sum of: $98,684.00 (Ninety-eight thousand six hundred eighty-four dollars and 00 cents) Accepted: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature: Date: Print Name: Title: Page 387 of 754 City of Boynton Beacah. Road Rehabilitation Bid TabUl6fions Sheet For Projects 12 thru 17 Project 12-Meadows Subdivisions gymflay Unit Unit Price �Cost Sawcut, remove and replace asphalt 499 Sy ew $ 1 ff),14 Remove and Replace Stop Signs 4 EA $ OCO Project 12 Total: $ Project 13- NE Boynton uanti LLUnit Price Cost Sawcut, remove and replace asphalt 351 SY 11,0 $ ol Remove signs 7 EA 2 $ l '-f Remove and replace signs 21 EA $ 2 Install W11-6 4 EA IVC. ( L o a I Project 13 Project 14- NE Boynton uanti Unit Unit Price cost Sawcut, remove and replace asphalt 240 SY C"C) $ 7,q 140 Remove signs 3 EA 1, V L $ 45' - Remove and replace signs 6 EA 11(0A" $ 1 Crosswalk striping (Thermo) 1 LS- $ 1 Prolect 14 Total. $ 1 N-71 Project 15- NE Boynton Quantity 21± Unit f!rlae_ cost Sawcut, remove and replace asphalt 673 SY "10, Remove signs I EA ,,-0 ."'" $ I�,-,C, Project 15 Total: $2,11 Project 16-NE Boynton Quantity g!± Unit Price Cost Sawcut, remove and replace asphalt 551 Sy 4 3" 00 $I LOH Project 16 Total:" ' Project 17-NE Boynton Quanti Unit Unit Price C—st Sawcut, Remove and Replace 6" Sidewalk 550 Sy 3 i, $ Project 17 Page I of 13 June 23,2017 Page 388 of 754 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, MAURO COMUZZI , the PRRRTpENT of (Name of officer of company) (Title of officer of company) JANICE M RILEY DBA THE PAVING LADY located at 1000 W INDUSTRIAL AVE.BOYNTON BEACH,FL 33426 (Name of Corporation/Company) (Business Address) certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: THE PAVING LADY 1. Is the business located within the City YES NO Number of Years: limits of Boynton Beach, Florida? 14 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 17-00018710 X 17-00013668 3. Is the business registered with the YES NO Florida Division of Corporations? X I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the busines >is requ!ravo notify the City in writing should it cease to qualify as a local business. Print Name: 1 Signature: ***FOR PURCHASING USE ONLY Business License Active: ❑ Year Established: ❑ Verified by: Date: Page 389 of 754 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? X Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK (X) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES X NO If YES, Name the Organization from which this certification was obtained and date: FDOT Issuing Organization for Certification MARC'.TH 20, 2017 Date of Certification Page 390 of 754 City of Boynton Beach Road Rehabilitation Bid Tabulations Sheet For Projects 12 thru 17 Project 12 - Meiii ti nit Unit Price Cost Sawcut, remove and replace asphalt 499 Sy $34.00 $ 16,966.00 Remove and Replace Stop Signs 4 EA $295.00 $ 1,180.00 Project 12 Total: $ 18,1476.tOO Project 13 - i it Unit Price Cost Sawcut, remove and replace asphalt 351 SY $34.00 $ 11,934,00 Remove signs 7 EA $75.00 $ 525.00 Remove and replace signs 21 EA $297.00 $ 6,237.00 Install W1-6 4 EA $325.00 $ 1,300.00 Project 13 Total: $ 19,996.00 Project 14 - NE Boynton i it Unit Price Cost Sawcut, remove and replace asphalt 240 SY $34.00 $ 8,160.00 Remove signs 3 EA $75.00 $ 225.00 Remove and replace signs 6 EA $295.00 $ 1,770.00 Crosswalk striping (Thermo) 1 LS $1,800.00 $ 1,800.00 Project 14 Total: $ 11,955.05- Project 15 - NE Boynton Quantity Unit it Price Cost Sawcut, remove and replace asphalt 673 Sy $29.60 $ 19,920-80 Remove signs 1 EA $75.00 $ 75.00 Project 15 Total: $ 19,995.80 Project 16 - t i it Unit Price Cost Sawcut, remove and replace asphalt 551 Sy $34.00 $ 18,734.00 Project 16 Total: $ 18734.00 Project 17 - i it it Price Cost Sawcut, Remove and Replace 6" Sidewalk 550 SY $34.00 $ 18,700.00 Project 17 Total: $ 18,700.00 Page 1 of 13 ne 2 agG � 3369'0'f 754 City of Boynton Beach Road Rehabilitation Bid Tabulations Sheet For Projects 12 thru 17 Project 12- Meadows Subdivisions Quantity Unit Unit Price Cost Sawcut, remove and replace asphalt 499 SY $50.00 $24,950.00 Remove and Replace Stop Signs 4 EA $300.00 $1,200.00 Project 12 Total: $26,150.00 Project 13- NE Boynton Quantity Unit Unit Price Cost Sawcut, remove and replace asphalt 351 SY $50.00 $17,550.00 Remove signs 7 EA $75.00 $525.00 Remove and Replace Stop Signs 21 EA $300.00 $1,200.00 Install W1-6 4 EA $225.00 $900.00 Project 13 Total: $25,275.00 Project 14- NE Boynton Quantity Unit Unit Price Cost Sawcut, remove and replace asphalt 240 SY $50.00 $12,000.00 Remove signs 3 EA $75.00 $225.00 Remove and Replace Stop Signs 6 EA $300.00 $1,800.00 Crosswalk striping (Thermo) 1 LS $1,250.00 $1,250.00 Project 14 Total: $15,275.00 Project 15- NE Boynton Quantity Unit Unit Price Cost Sawcut, remove and replace asphalt 676 SY $50.00 $33,650.00 Remove signs 1 EA $75.00 $75.00 Project 15 Total: $33,725.00 Project 16- NE Boynton Quantity Unit Unit Price Cost Sawcut, remove and replace asphalt 551 SY $50.00 $27,550.00 Project 16 Total: $27,550.00 Project 17- NE Boynton Quantity Unit Unit Price Cost Sawcut, remove and replace asphalt 351 SY $50.00 $27,500.00 Project 17 Total: $27,500.00 Thank you! Bog D Paving Company, Ince 6622 Wallis Road West Palm Beach, FL 33413 Office: 561-697- BIG D (2443) BIG «D„ �9v�ty Page 392 of 754 Page 393 of 754 9.A. PUBLIC HEARING 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Approve Exeter/ Sterling Records Phase III Major Site Plan Modification (MSPM 17-008) to construct a one-story, 56,160 square foot warehouse building and related site improvements, located at 1210 SW 35th Avenue in the M-1 (Industrial) zoning district. Applicant: Allan Hendricks, Caulfield & W heeler, Inc. EXPLANATION OF REQUEST: The subject site is a vacant parcel located approximately 650 feet east of Congress Avenue, and north of Phases I & I I of the Sterling Records complex on SW 35th Avenue. The property is owned by the same company (Exeter) that owns Phases I & I I of the warehouse complex directly south of the parcel, and access has been provided to Phase I I I through a recorded ingress/egress easement from SW 35th Avenue. The parcel was formerly a portion of the Yellow Freight site to the north, and through a lot split and sale, was purchased by Exeter Property Group to add another warehouse building to their complex. This request is to add a third warehouse building, a one-story, 56,160 square foot structure designed for two large tenants. Staff has reviewed this request for major site plan modification approval and recommends approval contingent upon satisfying all comments indicated in Exhibit"C" —Conditions of Approval. The Planning & Development Board reviewed this request at their October 24, 2017 meeting and recommends approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Collection of fees associated with building permits, business tax, and property tax ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Page 394 of 754 Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Plans D Conditions of Approval Conditions of Approval D Development Order Development Order Page 395 of 754 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-057 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: October 13, 2017 PROJECT NAME/NO: Exeter/ Sterling Records Phase III (MSPM 17-008) REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: Exeter Property Group Applicant: Allan Hendricks, Caulfield & Wheeler, Inc. Location: 1210 SW 35th Avenue (see Exhibit "A"— Location Map) Existing Land Use: Industrial (1) Existing Zoning: Industrial (M1) Proposed Land Use: No change proposed Proposed Zoning: No change proposed Proposed Use: Request major site plan modification approval to construct a one-story, 56,160 square foot warehouse building and related site improvements. Acreage: 4.07-acre (177,609 square feet) Adjacent Uses: North: Developed industrial property(Yellow Freight),with an Industrial (1)future land use classification, and zoned Industrial (M-1); South: Developed industrial property(Phases I & 11 of Sterling Records),with an Industrial (1) future land use classification, and zoned Light Industrial (M1); East: Developed property consisting of South Tech School and Palm Beach County School District Bus Transportation Facility, with a Public& Private Governmental/ Institutional (PPGI) future land use classification, and zoned Public Usage (PU); Page 396 of 754 Staff Report—Exeter/Sterling Records Phase III (MSPM 17-008) Memorandum No PZ 17-057 Page 2 and West: Developed industrial property (warehouses), with an Industrial (1) future land use classification, and zoned Industrial (M-1). Site Details: The subject site is a vacant parcel located approximately 650 feet east of Congress Avenue, and north of Phases I & 11 of the Sterling Records complex on SW 351h Avenue. The property is owned by the same company(Exeter)that owns Phases I & 11 of the warehouse complex directly south of the parcel, and access has been provided to Phase III through a recorded ingress/egress easement from SW 351h Avenue. The parcel was formerly a portion of the Yellow Freight site to the north, and through a lot split and sale, was purchased by Exeter Property Group to add another warehouse building to their complex. BACKGROUND Proposal: Allan Hendricks of Caulfield Wheeler, Inc., representing property owner Exeter Property Group, is requesting approval to construct a one-story, 56,160 square foot warehouse building and related site improvements. ANALYSIS Concurrency: Traffic: A traffic statement for the proposed project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. A traffic concurrency approval letter was received from Palm Beach County indicating that 15 AM peak hour trips and 16 PM peak hour trips would be generated as a result of this project and that no permits are to be issued after the build-out date of 2019. School: School concurrency is not required for this type of project. Utilities: The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities,would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project, subject to the applicant making a firm reservation of capacity, following site plan approval. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Approval of the separation of the parcel from the Yellow Freight site was conditioned upon a combined drainage design and improvement for the two (2) properties, which is reflected on the attached site and civil drawings. Vehicular Access: The site plan (Sheet SP-1) shows that one (1) point of ingress/egress is proposed Page 397 of 754 Staff Report—Exeter/Sterling Records Phase III (MSPM 17-008) Memorandum No PZ 17-057 Page 3 for the new warehouse building, via the ingress/egress easement extending from SW 351h Avenue, northerly between the Phase I and Phase II buildings,to the south end of the subject parcel. There are three (3) driveways along the south property line to enhance traffic flow around the site, including the central driveway aligned with the ingress/egress easement at SW 35th Avenue, and one (1) at each corner of the site, associated with parking and drive aisles. The requirement for dumpster locations and turning radii forwaste removal vehicles and fire apparatus has been reviewed by the Engineering Division and Fire Department through the submittal of truck turning radius diagrams. There are conditions of approval for the site design to accommodate the required 60 foot vehicle backing clearance immediately in front of the dumpster enclosures and ensure that the fire turning radii are met with no encroachments into parking spaces (see Exhibit "C" — Conditions of Approval). Circulation: Vehicular circulation from each driveway would include two-way circulation that continues throughout the parking lot. A stabilized grass fire lane is being provided on the north side of the warehouse to provide 360-degree access to the Fire Department in case of an emergency. Covered bike racks are proposed on the south side of the building, at each of the tenant building entrances. Parking: The site plan (Sheet SP-1) proposes a 56,160 square foot warehouse building for warehouse and/or distribution tenant occupancy only, which would require 71 parking spaces, based upon the standard of one (1) parking space per 800 square feet of building. The site plan depicts 71 parking spaces, including four (4) designated for handicap use. Notes have been placed upon the drawings indicating the building is to be utilized for warehousing and distribution only, noting that manufacturing or industrial service tenants, which require one parking space per 500 square feet, are prohibited. All proposed parking stalls, including the size and location of the handicap space, were reviewed and approved by both the Engineering Division and Building Division, and conform to the approved dimensions of the previous two (2) phases of the project. In addition, all necessary traffic control signage and pavement markings would be provided to clearly delineate areas on site and direction of circulation. Landscaping: The landscape plan (Sheet LP-1) indicates compliance with the required minimum buffers around the perimeter of the industrial site. A (5)-foot wide buffer is proposed around the site, and includes Live Oak, Mahogany, Gumbo Limbo, Yellow Elder canopy trees and Royal and Sabal Palm trees. Typical shrubs would include Red Tip Cocoplum, Viburnum, Thryallis, Wax Jasmine, and Firebush. A condition of approval has been added to stagger the planting of trees along the slope of the detention areas and add Cypress trees at the lower level of basin. The pervious area would total 35% of the entire site and consist of landscaped and open space/detention areas. The landscape code requires that 50%or more of the plant material be native species or low to medium water demand varieties. The plant list(Sheet LP-1) indicates that 100% of the trees and shrubs would be either native species or categorized as very to moderate drought tolerant, according to the South Florida Water Management District Xeriscape Plant Guide. The code also limits the use of sod to larger open spaces for passive or active recreation purposes, as well as swales, water detention and retention areas, in an effort to reduce water consumption.The applicant has reduced the amount of sodded areas from the original submittal, limiting placement within the drainage detention area. Page 398 of 754 Staff Report—Exeter/Sterling Records Phase III (MSPM 17-008) Memorandum No PZ 17-057 Page 4 The Landscape Architect notes that the majority of the plant material proposed to be removed from the site is non-native and invasive, with several native species either dead or in poor condition.According to the Landscape Architect, "the area of the "Oak Scrub" has no usable trees in this location. In short, the trees have been misshapen and their growth stunted over the years of being in such close proximity to each other. I observed trees with large diameter trunks that were only 7' tall. Others have grown one sided and are not reasonably reuseable". Building and Site: The proposed building is designed as a one (1)-story structure, whose placement complies with the minimum setbacks of the M-1 zoning district, which are 15 feet for the front and sides and 20 feet for the rear yard. The proposed building would be setback 59 feet from the north property line, 105 feet from the east, 83 feet from the west, and 86 feet from the south property line. The site plan indicates the proposed building is designed to be utilized by one (1) or two (2) tenants, with loading bays along the front truck courtyard and office spaces in the front corners of the building. Building Height: The building elevations (Sheet A3.00) indicate the highest point of the structure would be the entry features at 40 feet in height, with the typical parapet wall at 38 feet, and the roof deck at a height of 30 feet, well below the maximum building height of 45 feet allowed in the M-1 zoning district. Design: The proposed building utilizes the same design features and colors as Phase I & II of the warehouse complex. According to the"Materials Schedule"shown on Sheet A3.00, the building would be constructed of tilt wall panels,with the body paint color alight beige "Wool Skein"—SW 6148 and alight tan trim color"Analytical Gray"— SW 7051. The accent color would be a white "Lilac Essence"—SW 1960, and the entry features would be painted a yellow cream "Torchlight"—SW 6374. The metal canopies would be a natural aluminum color. Public Art: The applicant has indicated they have chosen to pay the art in public places fee in lieu of placing artwork on the site. The estimated art fee is $30,500. Site Lighting: The photometric plan (Sheet E-1.2) proposes a total of four(4) freestanding lights in the parking lot. The freestanding lights would be mounted on concrete poles at 25 feet in height, with LED light fixtures. Additional exterior lighting would be building mounted with downcast fixtures that match the style of the pole mounted light fixtures. Signage: No wall signage is proposed at this time. Any signage would need to conform to other signage within the warehouse complex. RECOMMENDATION The Development Application Review Team (DART) has reviewed this request for major site plan modification approval and recommends approval contingent upon satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Exeter-Sterling Records Phase III\MSPM 17-008\Staff Report.doc Page 399 of 754 {�t; r EXHIBIT A - SITE LOCATION MAP a1 d t k 4 m t{ ` 1{ `� '},: � sty �a 3r ��'• �'�� � f [d � 'L � tet xrc e t 7 it, - S Il pqg {{ tm e A f l- 2 ter KC }-. ca E i "T CS October 13,2017 1:4,514 0 0.0375 0.075 0.15 mi 1 , • 1 . 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II II � oa 3 A .1 A .. . A .. um g@a � ir ` MN - � M la I 0 eu-ui . ieu � In RN =e ahs e. 11p O e22 »;a'`� •pc^ 3� 'LF`a83 ryea ��� a�EmH Nag. a �r :w a_ 3 r r Ld L) Ld p.� a N iivw wa zn eseuozicua'eMver3 99ou�Cn>3asv.H.M„aHs,viaisr,aNi ails Mo„�-99ou�soz rUafo+a hu�z EXHIBIT "C Conditions of Approval Project Name: Exeter/ Sterling Records Phase 3 File number: MSPM 17-008 Reference: 2nd review plans identified as a Maior Site Plan Modification with a September 26, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. Please revise the side by side dumpster enclosure to allow the minimum backing clearance of 60 ft. for solid waste trucks for each X location, measured from the front edge of the dumpster pad, per Chapter 4, Article VI, Section 3.E. 2. Dumpster enclosure must meet the Chapter 4, Article VI, Section 3.E. & Section 4.C. and Engineering Division Standard Drawing G-4. X Also, please ensure the gates are designed to screen the contents. 3. Please revise the Landscape Plan to depict perimeter trees along the detention area at various distances from the top of the slope. X Consider adding Cypress trees scattered in the low-lying areas of the detention area. 4. Please ensure the Senna Surattensis is located a minimum of 10 X feet away from the dumpster to ensure no conflicts with waste removal operations. 5. Please ensure there are no line-of-sight conflicts at all X entrance/exits. FIRE Comments: 6. Please revise the turning radius of 21 feet inside and 35 feet to the centerline around the site and proposed building, to ensure there are X no encroachments into parking spaces. 7. Please show a 200 feet radius around all the fire hydrants to indicate that the entire building will be within 200 feet from a fire hydrant. X POLICE Comments: Page 414 of 754 Exeter/Sterling Records Phase 3 (MSPM 17-008) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 8. None, all previous comments addressed at DART meeting. X BUILDING DIVISION Comments: 9. None, all previous comments addressed at DART meeting. X PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 10. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City X Clerk. 11. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD X of the presentation at least one week prior to the scheduled meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Exeter-Sterling Records Phase 3\MSPM 17-008\COA post P&D.doc Page 415 of 754 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Exeter/Sterling Records Phase III (MSPM 17-008) APPLICANT: Allan Hendricks, Caulfield &Wheeler, Inc. APPLICANT'S ADDRESS: 7900 Glades Road, Suite 100, Boca Raton, FL 33434 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 21, 2017 APPROVAL SOUGHT: Major Site Plan Modification approval to construct a one-story, 56,160 square foot warehouse building and related site improvements, located at 1210 SW 35th Avenue, and zoned M1 (Light Industrial). LOCATION OF PROPERTY: 1210 SW 35th Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Exeter-Sterling Records Phase III\MSPM 17-008\DO.doc Page 416 of 754 9.B. PUBLIC HEARING 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Approve Aldi Grocery Land Use and Rezoning (LUAR 17-006) to support the intended 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant Bonnie Miskel, Dunay, Miskel & Backman, LLP. 1. PROPOSED ORDINANCE NO. 17-032 - FIRST READING - Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC). 2. PROPOSED ORDINANCE NO. 17-033 - FIRST READING - Rezone from C-1 (Office and Professional) to C-3 (Community Commercial). EXPLANATION OF REQUEST: The 2.04-acre parcel is currently developed with a one-story, 30-year old rundown office building. The applicant, representing a global discount supermarket chain Aldi, Inc., proposes to redevelop the property with a 18,848 square foot store. In addition to the FLUM amendment and rezoning, the requests under concurrent consideration include site plan approval and a variance for the rear setback. The approval of the subject requests would bring the first Aldi store to the city. I n recent years, the company opened stores in Delray Beach, Boca Raton and West Palm Beach. The proposed FLUM amendment and rezoning would not support uses contrary to the development patterns in adjacent and nearby areas, which already incorporate retail establishments of various scales from small to major—including the 100,000 square foot BJs Shopping Center—as well as other commercial uses and single-family homes. The proposed FLU category and zoning district are more consistent with the land use and zoning patterns than the existing ones: except the subject property and one directly south of it, all commercially developed parcels in the area along W. Boynton Boulevard carry the Local Retail Commercial category.Also, except for three PCDs (Planned Commercial Developments), the C-3 zoning district prevails. Note that the development intensity of LRC future land use and C-3 zoning aligns with the high traffic volumes carried by urban principal arterials such as Boynton Beach Boulevard. The Planning and Development Board recommended approval of the subject requests on October 24, 2017. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The requests, if approved, would not require capacity adjustment to the City services. FISCAL IMPACT: The requests, if approved, would allow for a sizable retail use and therefore an increase in the City's tax base in addition to building permit and related revenues. ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: Page 417 of 754 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance changing Aldi Land Use D Ordinance Ordinance changing Aldi zoning D Staff Report Staff Report D Location Map EXH I B ITA. Location Map® aerial D Exhibit Exhibit B. ALDI proposed FLU D Exhibit Exhibit C. ALD I proposed Zoning Page 418 of 754 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS ALDI AND DESCRIBED 7 HEREIN, OWNED BY MG3 3452 WEST BOYNTON LLC.; 8 CHANGING THE LAND USE DESIGNATION FROM OFFICE 9 COMMERCIAL (OC) TO LOCAL RETAIL COMMERCIAL (LRC); 10 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 11 EFFECTIVE DATE. 12 13 WHEREAS,the City Commission of the City of Boynton Beach,Florida has adopted 14 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 15 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 16 Comprehensive Planning Act; and 17 WHEREAS, the procedure for amendment of a Future Land Use Element of a 18 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 19 WHEREAS, after two (2) public hearings the City Commission acting in its dual 20 capacity as Local Planning Agency and City Commission finds that the amendment 21 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 22 the best interest of the inhabitants of said City to amend the Future Land Use Element 23 (designation) of the Comprehensive Plan as hereinafter provided. 24 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 25 CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 27 herein by this reference. 28 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 29 following: C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\63C9466A-991D-4B65-B90B-AFBF1C614A1A\Boynton Beach.7721.LALDI LUA - Ordinance.Doc Page 419 of 754 30 31 A PARCEL OF LAND IN BLOCKS 8 AND 25, PALM BEACH FARMS CO. PLAT NO. 8, 32 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5,PAGE 73,OF THE PUBLIC 33 RECORDS OF PALM BEACH COUNTY,FLORIDA,BEING MORE PARTICULARLY DESCRIBED 34 AS FOLLOWS: 35 36 COMMENCING AT A POINT OF INTERSECTION WITH THE WEST LINE OF SAID BLOCK 8 37 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST BOYNTON BEACH ROAD (STATE 38 ROAD NO. S-804),AS SHOWN ON ROAD PLAT BOOK 2,PAGES 217 THRU 220 OF THE PUBLIC 39 RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE RUN EASTERLY 250.00 FEET 40 ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT; THENCE RUN SOUTHERLY 41 WITH A BEARING OF SOUTH 01°10'26"WEST,A DISTANCE OF 14.00 FEET TO THE POINT OF 42 BEGINNING OF PARCEL ONE; THENCE CONTINUING WITH THE AFORESAID BEARING OF 43 SOUTH 01°10'26"WEST,A DISTANCE OF 380.80 FEET TO A POINT;THENCE RUN WESTERLY 44 ON A BEARING OF NORTH 88049'34" WEST,A DISTANCE OF 234.92 FEET TO A POINT 15.00 45 FEET EAST AND PARALLEL TO THE WEST LINE OF SAID BLOCKS 8 AND 25; THENCE RUN 46 NORTHERLY ALONG A LINE 15.00 FEET EAST AND PARALLEL WITH THE SAID WEST LINE 47 OF BLOCKS 8 AND 25 WITH A BEARING OF NORTH 01010'26"EAST,A DISTANCE OF 374.56 48 FEET TO A POINT;THENCE RUN EASTERLY WITH A BEARING OF NORTH 89°39'11"EAST,A 49 DISTANCE OF 235.00 FEET ALONG A LINE 14 FEET SOUTH OF AND PARALLEL TO SAID 50 SOUTHERLY RIGHT-OF-WAY LINE OF (STATE ROAD NO. S-804) TO THE POINT OF 51 BEGINNING. 52 53 SAID LANDS ALSO DESCRIBED AS FOLLOWS: 54 UNIT NUMBERS 1 THROUGH 11,INCLUSIVE,PLAZA WEST OFFICE CONDOMINIUM PHASE I, 55 A COMMERCIAL CONDOMINIUM,ACCORDING TO THE DECLARATION OF CONDOMINIUM 56 THEREOF, RECORDED IN OFFICIAL RECORDS BOOK 5146, PAGE 269, AND ALL EXHIBITS 57 AND AMENDMENTS THEREOF, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, 58 FLORIDA. 59 60 That the Future Land Use of the above described land is amended from Office 61 Commercial (OC)to: LOCAL RETAIL, COMMERCIAL (LRC). 62 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 63 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 64 Land Development Regulation Act. No party shall be vested of any right by virtue of the 65 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 66 including appeals, are exhausted. In the event that the effective date is established by state law or 67 special act, the provisions of state act shall control. 68 C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\63C9466A-991D-4B65-B90B-AFBF1C614A1A\Boynton Beach.7721.LALDI LUA - Ordinance.Doc Page 420 of 754 69 FIRST READING this day of , 2017. 70 SECOND, FINAL READING and PASSAGE this day of , 2017. 71 CITY OF BOYNTON BEACH, FLORIDA 72 73 YES NO 74 75 Mayor— Steven B. Grant 76 77 Vice Mayor—Justin Katz 78 79 Commissioner—Mack McCray 80 81 Commissioner—Christina L. Romelus 82 83 Commissioner—Joe Casello 84 85 86 87 VOTE 88 ATTEST: 89 90 91 92 Judith A. Pyle, CMC 93 City Clerk 94 95 (City Seal) 96 C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\63C9466A-991D-4B65-B90B-AFBF1C614A1A\Boynton Beach.7721.LALDI LUA - Ordinance.Doc Page 421 of 754 97 EXHIBIT A SOUTH PROPERTY LEGAL DESCRIPTION ORB 27497 PAGE 1800 PARCEL 1: LOT 5, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-03-008-0050 PARCEL 2: LOT 3, LESS THE NORTH 10 FEET THEREOF, AND ALL OF LOTS 4, 9 AND 10, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-03-008-0030 PARCEL 3: THE EAST 1/2 OF LOT 8, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. PCN: 08-43-45-28-008-0081 PARCEL 4: LOT 6, BLOCK 8, ORIGINAL TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0060 PARCEL 5: THE NORTH 60 FEET OF LOT 7 AND THE NORTH 60 FEET OF THE WEST HALF (W 1/2) OF LOT 8, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\63C9466A-991D-4B65-B90B-AFBF1C614A1A\Boynton Beach.7721.LALDI LUA - Ordinance.Doc Page 422 of 754 BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0071 PARCEL 6: LOTS 4, 5 AND 6, BLOCK 11, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-011-0040 PARCEL 7: LOT 7, LESS THE NORTH 60 FEET THEREOF AND THE WEST HALF OF LOT 8, LESS THE NORTH 60 FEET THEREOF, BLOCK 8, TOWN OF BOYNTON, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 23. SAID LANDS SITUATE, LYING AND BEING IN PALM BEACH COUNTY, FLORIDA. PCN: 08-43-45-28-03-008-0072 TOGETHER WITH ALL IMPROVEMENTS, TENEMENTS, HEREDITAMENTS, AND APPURTENANCES THERETO BELONGING OR IN ANYWISE APPERTAINING AND TOGETHER WITH ALL RIGHTS AND EASEMENTS OF RECORD. SUBJECT TO ALL COVENANTS, RESTRICTIONS AND EASEMENT OF RECORD, WITHOUT THE INTENT TO REIMPOSE SAME, AND TAXES FOR THE CURRENT AND SUBSEQUENT YEARS. C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\63C9466A-991D-4B65-B90B-AFBF1C614A1A\Boynton Beach.7721.LALDI LUA - Ordinance.Doc Page 423 of 754 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING ORDINANCE 02-013 TO REZONE A 5 PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY 6 REFERRED TO AS ALDI FROM OFFICE PROFESSIONAL (C-1) 7 TO COMMUNITY COMMERCIAL (C-2); PROVIDING FOR 8 CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 11 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 12 and 13 WHEREAS, the City of Boynton Beach, owner of the property has made application 14 to rezone a parcel of land, said land being more particularly described hereinafter, from 15 Neighborhood Commercial (C-2) to Mixed Use 2 with the maximum density of 40 dwelling 16 units/acre (MU-2); and 17 WHEREAS, the City Commission conducted public hearings as required by law and 18 heard testimony and received evidence which the Commission finds supports a rezoning for 19 the property hereinafter described; and 20 WHEREAS, the City Commission finds that the proposed rezoning is consistent 21 with an amendment to the Land Use which was contemporaneously considered and approved 22 at the public hearing heretofore referenced; and 23 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 24 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing Whereas clauses are true and correct and incorporated 28 herein by this reference. 29 Section 2. The land herein described be and the same is hereby rezoned from C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\86D730179-21)76-41719-871B-AF28DCE6E4EI\Boynton Beach.7722.1.ALDI_-_Rezone.doc Page 424 of 754 30 Office Professional (C-1) to Community Commercial (C-2). A location map is attached 31 hereto as Exhibit"A" and made a part of this Ordinance by reference. Legal Description: 32 A PARCEL OF LAND IN BLOCKS 8 AND 25, PALM BEACH FARMS CO. PLAT NO. 8, 33 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 73, OF THE 34 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY 35 DESCRIBED AS FOLLOWS: 36 37 COMMENCING AT A POINT OF INTERSECTION WITH THE WEST LINE OF SAID BLOCK 38 8 AND THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST BOYNTON BEACH ROAD 39 (STATE ROAD NO. S-804), AS SHOWN ON ROAD PLAT BOOK 2, PAGES 217 THRU 220 OF 40 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE RUN EASTERLY 41 250.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE TO A POINT; THENCE 42 RUN SOUTHERLY WITH A BEARING OF SOUTH 01010'26" WEST, A DISTANCE OF 14.00 43 FEET TO THE POINT OF BEGINNING OF PARCEL ONE; THENCE CONTINUING WITH 44 THE AFORESAID BEARING OF SOUTH 01010'26" WEST, A DISTANCE OF 380.80 FEET TO 45 A POINT; THENCE RUN WESTERLY ON A BEARING OF NORTH 88049'34" WEST, A 46 DISTANCE OF 234.92 FEET TO A POINT 15.00 FEET EAST AND PARALLEL TO THE WEST 47 LINE OF SAID BLOCKS 8 AND 25; THENCE RUN NORTHERLY ALONG A LINE 15.00 FEET 48 EAST AND PARALLEL WITH THE SAID WEST LINE OF BLOCKS 8 AND 25 WITH A 49 BEARING OF NORTH 01010'26" EAST, A DISTANCE OF 374.56 FEET TO A POINT; THENCE 50 RUN EASTERLY WITH A BEARING OF NORTH 89039'11" EAST, A DISTANCE OF 235.00 51 FEET ALONG A LINE 14 FEET SOUTH OF AND PARALLEL TO SAID SOUTHERLY RIGHT- 52 OF-WAY LINE OF (STATE ROAD NO. S-804) TO THE POINT OF BEGINNING. 53 54 SAID LANDS ALSO DESCRIBED AS FOLLOWS: 55 UNIT NUMBERS 1 THROUGH 11, INCLUSIVE, PLAZA WEST OFFICE CONDOMINIUM 56 PHASE 1, A COMMERCIAL CONDOMINIUM, ACCORDING TO THE DECLARATION OF 57 CONDOMINIUM THEREOF, RECORDED IN OFFICIAL RECORDS BOOK 5146, PAGE 269, 58 AND ALL EXHIBITS AND AMENDMENTS THEREOF, IN THE PUBLIC RECORDS OF 59 PALM BEACH COUNTY, FLORIDA. 60 61 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 62 accordingly. 63 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 64 repealed. 65 Section 5. Should any section or provision of this Ordinance or any portion thereof 66 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 67 the remainder of this Ordinance. 68 Section 6. This ordinance shall become effective immediately upon passage. 69 70 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\86D730179-21)76-41719-871B-AF28DCE6E4EI\Boynton Beach.7722.1.ALDI_-_Rezone.doc Page 425 of 754 71 FIRST READING this day of , 2017. 72 SECOND, FINAL READING and PASSAGE this day of , 2017. 73 CITY OF BOYNTON BEACH, FLORIDA 74 75 YES NO 76 77 Mayor— Steven B. Grant 78 79 Vice Mayor—Justin Katz 80 81 Commissioner—Mack McCray 82 83 Commissioner—Christina L. Romelus 84 85 Commissioner—Joe Casello 86 87 VOTE 88 89 ATTEST: 90 91 92 93 Judith A. Pyle, CMC 94 City Clerk 95 96 97 98 (City Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\86D730F9-2D76-4F19-871B-AF28DCE6E4EI\Boynton Beach.7722.1.ALDI_-_Rezone.doc Page 426 of 754 Page 427 of 754 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\86D730F9-2D76-4F19-871B-AF28DCE6E4EI\Boynton Beach.7722.1.ALDI_-_Rezone.doc Page 428 of 754 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-050 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: September 5, 2017 PROJECT: ALDI Grocery Store LUAR 17-006 REQUEST: Approve the ALDI grocery store Future Land Use Map Amendment from Office Commercial (OC) to Local Retail Commercial (LRC) and rezoning from C-1 Office Professional to C-3, Community Commercial. PROJECT DESCRIPTION Applicant/Property Owner: Jordan Ford of ALDI Inc./ MG3 3452 West Boynton LLC Agent: Bonnie Miscal, Esq./Dunay, Miskel and Backman, LLP Location: 3452 W. Boynton Beach Boulevard (Exhibit "A") Existing Land Use/ Zoning: Office Commercial (OC)/ C-1 Office Professional Proposed Land Use/ Zoning: Local Retail Commercial (LRC)/ C-3 Community Commercial Acreage: 2.04 acres Page 429 of 754 Page 2 ALDI Grocery Store LUAR 17-006 Adjacent Uses: North: Right-of-way for W. Boynton Beach Boulevard, and farther north developed commercial properties, classified Local Retail Commercial (LRC) future land use and zoned C-3 Community Commercial; South: Developed two-story office building, classified Office Commercial (OC) and zoned C-1, Office Professional; East: Developed single-family community (Stonehaven), classified Low Density Residential and zoned PUD; and West: Right-of-way for Knuth Road; farther west, developed commercial property (service station); to the southwest, vacant parcel; both properties classified Local Retail Commercial (LRC) and zoned PCD, Planned Commercial Development. BACKGROUND The 2.04-acre parcel is currently developed with a one-story, 30-year old rundown office building. The applicant, representing a global discount supermarket chain Aldi, Inc., proposes to redevelop the property with a 18,848 square foot store. In addition to the FLUM amendment and rezoning, the requests under concurrent consideration include site plan approval and a variance for the rear setback. The approval of the subject requests would bring the first Aldi store to the city. In recent years, the company opened stores in Delray, Boca Raton and West Palm Beach. Aldi operates approximately 10,000 stores wordwide; it has been present in the U.S. since 1976 where it also owns Trader Joe's. REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3: a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The subject request will allow to expand the use options for the site and support redevelopment more in line with the character and intensity of the existing commercial uses in the area. Such uses serve the continuously expanding population in the residential communities along the Congress Avenue corridor, incuding the incoming 2 Page 430 of 754 Page 3 ALDI Grocery Store LUAR 17-006 Cortina development which may bring over 1,500 new residents within a mile of the project. The proposed use, ALDI supermarket, will join the nearby Walmart and BJ's Wholesale Club in offering grocery items at discounted or very low prices. The subject FLU amendment and rezoning is also supported by market trends, which demonstrate more support for retail than for office development in the City. Boynton Beach does not have class "A" office, and the vacancy rates for classes "B" and "C" have been high in recent years. According to the the Cushman and Fields' 1St quarter 2017 report, the overall office vacancy rate in the Boynton market was 23.4%, the highest among the Palm Beach county municipalities (it was 13.8% countywide). On the other hand, Collier Intenational's review of the same period states: "Investors are attracted to the Palm Beach County retail market. Trading activity recorded $236 million in the first quarter of 2017 which amounts to almost triple the trading activity one year ago. Retail is trading at a premium when close to densifying urban neighborhoods." 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. There is not as yet a plan for the Congress Avenue corridor to guide redevelopment, but the proposed future land use amendment and rezoning are consistent with the general intent of the policies of the Comprehensive Plan's Future Land Use Element, which recognize and support commercial uses as goods/services providers and job generators, including, for example: Policy 1.17.1 The City shall continue to review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends.; and Policy 1.17.6 The City shall continue to apply Economic Development Benefits review criteria to all rezoning and Future Land Use Map amendment requests to limit the conversion of industrial and commercial land to other uses. In addition, the proposed future land use amendment and rezoning supports "Strong Local Economy," one of the 9 objectives of the City's Strategic Plan. Consistency with Land Development Regulations (LDR) The application for the Master/Site Plan complies with the development regulations of the C-3 Community Commercial zoning district, other than the rear setback at the south side of the property. The applicant has submitted concurrent variance application and 3 Page 431 of 754 Page 4 ALDI Grocery Store LUAR 17-006 justification in an effort to deviate from those design regulations. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The land use pattern in adjacent and nearby areas is eclectic. it incorporates commercial uses of office and retail as well as single-family residential uses. The proposed FLU category and zoning district are more consistent with the land use and zoning patterns than the existing ones: except the subject property and one directly south of it, all commerciallly developed parcels in the area along the W. Boynton Boulevard carry the Local Retail Commercial category. Also, except for three PCDs (Planned Commercial Developments), the C-3 zoning prevails. Note that the development intensity of LRC future land use and C-3 zoning aligns with the high traffic volumes carried by urban principal arterials such as Boynton Beach Boulevard. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed amendment/rezoning supports the integration of the land uses consistent with the smart growth and sustainability initiatives since it provides uses complementary to the existing ones. Further, the commercial zoning, and planned grocery store would provide the neighborhoods along Knuth road with walkable option for convenience and other grocery items, or at least a driving option which avoids the greater roadway network 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. 4 Page 432 of 754 Page 5 ALDI Grocery Store LUAR 17-006 Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact will be reviewed as part of the site plan. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See responses to critera "a" and "c." The proposed FLUM category and zoning district would be more compatible with the current and future use of adjacent and nearby properties than the subject property's current designations. The amendments are likely to positively affect property values in the surrounding area. As previously noted, the land use pattern in adjacent and nearby areas is eclectic. it incorporates commercial uses of office, retail uses of various scales from small to major—including the 100,000 square foot BJs Shopping Center—as well as single- family residential uses. Except for one single family home near the northeast corner of the project, the abutting single family neighborhood to the east is separated from the subject property by a private road, and the same neighborhood directly abuts Boynton Beach Boulevard—an intense arterial roadway—to the north, and the BJs to the east. The subject rezoning would create an additional but certainly lesser impact on this neighborhood than these two uses but, at the same time, it would add another option of attractively priced staple goods in a walking distance grocery store. Hence, the amendments and the proposed use they support are "reasonably related" to the needs of the neighborhood and the City as a whole. Local residents can benefit, as well as others, budget-conscious and/or seeking alternatives to what is available elsewhere. ALDI sells store-specific brands, can provide significant savings on national brands, and partners—whenever possible—with local farmers. g. Economic Development Impact Determination for Conventional Zonin_g Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic Development Program, but also determine whether the proposal would- 5 Page 433 of 754 Page 6 ALDI Grocery Store LUAR 17-006 (1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district, and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The answer to both questions is "no." The proposed amendment would represent the increase in both possible intensity of development and in number and type of commercial uses with "high probable economic development benefits." h. Commercial and Industrial Land Supply,The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed rezoning does not reduce the amount of land available for commercial/industrial development. It keeps and further intensifies the potential commercial redevelopment of the site. 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. Note that the subject parcel is not vacant. There are 3 (three) vacant parcels within the city carrying the C-3 zoning AND close in size to the property under consideration. These may not be currently on the market and/or their location may not be suitable for a grocery store. As discussed previously in this report, the proposed amendment/rezoning will make the property more consistent with the area land use patterns. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. For the master plan/site plan review, see the corresponding staff report. As already 6 Page 434 of 754 Page 7 ALDI Grocery Store LUAR 17-006 mentioned, the application for the Master/Site Plan complies with the development regulations of the C-3 Community Commercial zoning district, other than the rear setback at the south side of the property. The agent has submitted concurrent variance application and justification in an effort to deviate from those design regulations. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that it meets the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTSWIdi Grocery\ALDI LUAR 17-006\LUAR 17-006 Aldi Store Staff Report.doc 7 Page 435 of 754 EXHIBIT A SITE LOCATION MAP tt r im y � r , * t Y ti k; 5 , r ,� � ,WBoynton ch ' E r , n e r r F i , 0 3060 120 180 240 Feet Page 436 of 754 EXHIBIT B ALDI: PROPOSED FLU (LUAR 17-006) r� r - s - EXHIBITC ALDI: PROPOSED ZONING (LUAR 17-006) , k k E �,y f ��fs f � t t 4 ,r t ff i f t r t j ` s t '77,77, S c • f k � r , k, , ' S � .? t { r ri t t f .. if I Legend: ZONING DISTRICTS PLANNED UNIT DEVELOPMENT (PUD) C-3 COMMUNITY COMMERCIAL C-1 OFFICE PROFESSIONAL PLANNED CIMMERCIAL DEVELOPMENT (PCD) mil"milm"m CITY BOUNDARY Page 438 of 754 9.C. PUBLIC HEARING 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Approve Aldi Grocery Variance (ZNCV 17-001)for the relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article 111, Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet, for a proposed Aldi Grocery Store within the C-3 Community Commercial zoning district. Applicant: Bonnie Miskel, Duany, Miskel & Backman, LLP. (This item should be postponed to coincide with 2nd Reading of the Land Use & Rezoning ordinance agenda item- LUAR 17-006). EXPLANATION OF REQUEST: Bonnie Miskel of Dunay, Miskel & Backman LLP, representing property owner MG3 3452 West Boynton LLC and applicant/contract purchaser Aldi, Inc., is requesting concurrent Land Use & Rezoning, Major Site Plan Modification Community Design Appeals and Zoning Code Variance approval to construct a 17,880 square foot grocery store and related site improvements at the southeast corner of Boynton Beach Boulevard and Knuth Road. On November 15, 2016, the City Commission approved a request for Conditional Use/ Major Site Plan Modification to convert the vacant 13,640 square foot office building to a day care operation for up to 200 children. This new plan for a grocery store has been designed depicting a 30 foot wide segment of the building with a 14 foot rear (south) setback, with the remainder of the rear of the building (approximately 90 feet) at a 31 foot setback, 11 feet further from the rear property line than required by code. As a result, the applicant is requesting a variance for a reduction in the minimum required rear building setback of 20 feet to 14 feet resulting in a variance of 6 feet. This reduction equals a variance of 6 feet for approximately one-quarter of the width of the proposed building. Based on staff's analysis, it would appear as though the variance request does not satisfy all of the above criteria; however, there are strong arguments for approval of the variance, based upon: 1. the uniqueness of this C-3 site, being smaller than other surrounding C-3 sites with the same locational criteria and which currently accommodate big box users; 2. the setback reduction request is for only a small portion of the building which abuts a parking lot for an office building to the south, thereby creating no external impact; 3. the portion of the building creating the need for a variance actually acts as a solid buffer of the loading operations from the residential development to the east; 4. the request is the minimum variance necessary to make site operations functional; and 5. the request provides adequate separation between properties, while providing for proper site and emergency circulation, screening of back of house operations, and adequate air circulation and natural light to adjacent properties. Therefore, staff recommends APPROVAL of the requested variance to reduce the rear (south) setback for a small segment of the building. This request will not be injurious or detrimental to the area in general or any property owner in particular. Page 439 of 754 The Planning & Development Board reviewed this request at their October 24, 2017 meeting and recommends approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Collection of fees associated with building permits, business tax and property tax ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Site Plan D Letter Applicant's Justification D Conditions of Approval Conditions of Approval D Development Order Development Order Page 440 of 754 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-039 STAFF REPORT TO: Chair and Members Planning & Development Board and City Commission THRU: Michael W. Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: October 9, 2017 PROJECT NAME/NO: Aldi Grocery Variance /ZNCV 17-001 REQUEST: Request relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III. Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet, for a proposed Aldi Grocery Store within the C-3 Community Commercial zoning district. PROJECT DESCRIPTION Property Owners: MG3 3452 West Boynton LLC Applicant/Agent: Bonnie Miskel, Dunay, Miskel & Backman LLP Location: 3452 W. Boynton Beach Blvd. (see Exhibit "A"— Location Map) Acreage: 2.04 acres (88,759 square feet) Proposed Use: Grocery Store (see MSPM 17-005) Existing Zoning: C-1 (Office Professional) Proposed Zoning: C-3 (Community Commercial) Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north developed commercial properties zoned C-3 (Community Commercial); Page 441 of 754 Staff Report ZNCV 17-001 Aldi Grocery Memorandum No. PZ 17-039 Page 2 South: Office building zoned C-1 (Office Professional); East: Stonehaven residential development zoned PUD (Planned Unit Development); and West: Right-of-way for Knuth Road, and farther west BP Gas Station and undeveloped land zoned PCD (Planned Commercial Development). BACKGROUND The subject property is currently zoned C-1 (Office Professional) and this variance request for a reduction in rear setback is accompanied by applications for Land Use amendment&Rezoning and Major Site Plan Modification. The site is located at the southeast corner of Boynton Beach Boulevard and Knuth Road (see Exhibit "A" — Location Map). On November 15, 2016 the City Commission approved a request for Conditional Use / Major Site Plan Modification to convert the vacant 13,640 square foot office building to a day care operation for up to 200 children.The property owner was approached shortly after the day care approval by Aldi representatives interested in purchasing the property to locate one of their stores. As a result, these new applications for a grocery store were filed with the City. The building has been vacant for approximately three(3)years and the site and access points have been fenced off in order to prevent any property damage and unlawful behavior. PROPOSAL Bonnie Miskel of Dunay, Miskel & Backman LLP, representing property owner MG3 3452 West Boynton LLC and applicant/contract purchaser Aldi, Inc., is requesting concurrent Land Use & Rezoning (LUAR 17-006)and Major Site Plan Modification (MSPM 17-005) approval to construct a 17,880 square foot grocery store and related site improvements (see Exhibit "B"— Site Plan). After working through site design issues for an Aldi grocery prototype building, the applicant determined a variance would be needed for the rear(south) building setback abutting an existing office building. The current standard rear setback for the C-3 zoning district is a minimum of 20 feet. The site plan has been designed depicting a 30 foot wide segment of the building with a 14 foot rear (south) setback, with the remainder of the rear of the building (approximately 90 feet) at a 31 foot setback, 11 feet further from the rear property line than required by code. As a result, the applicant is requesting a variance for a reduction in the minimum required rear building setback of 20 feet to 14 feet resulting in a variance of 6 feet. This reduction equals a variance of 6 feet for approximately one-quarter of the width of the proposed building. ANALYSIS Staff reviewed the requested variance focusing on the applicant's response to criteria a.—f. below (see Exhibit"C"-Justification). The code states that the zoning code variance cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiarto the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Page 442 of 754 Staff Report ZNCV 17-001 Aldi Grocery Memorandum No. PZ 17-039 Page 3 The subject property abuts developed commercial property to the south, unlike most commercial parcels lining arterial and collector roadways, which back up directly to residential properties. As the code requires back of house operations, such as loading docks, to be screened from view from rights-of-way and buffered from residential development, the applicant has designed the loading area so that it abuts the commercial development to the south and created a bump out in the footprint to completely buffer the loading operations from the residential development to the east with the wall of the building itself. The approval of the 6 foot variance for approximately one-quarter of the width of the building appears minimal when addressing code requirements for screening the loading area and buffering the operations from the residential development to the east. The applicant notes that the majority of the rear of the building exceeds the minimum rear setback by more than 11 feet, thereby reducing the the visual impact of a rear setback encroachment. b. That the special conditions and circumstances do not result from the actions of the applicant. Although the applicant is utilizing one of their corporate prototype designs, the applicant indicates that the shape of the property and City regulations associated with parking, circulation, and foundation landscaping have dictated the placement of the building on the parcel. Conversely, the applicant could modify the prototype building footprint in an effort to meet the required rear setback. However, an argument could be made that there are special circumstances that the property is indeed unique since it meets the locational criteria and minimum lot standards of the C-3 zoning district, which is intended to accommodate large intensive retail commercial uses and projects, but is smaller than the typical C-3 zoned property. The applicant indicates that the special conditions and circumstance do not result from the applicant, but existing conditions associated with the site and its shape, as well as the City's land development regulations relative to parking and landscaping. c. That granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. As previously noted, unlike most commercial parcels lining arterial and collector roadways, which back up directly to residential properties, this particular parcel abuts another developed commercial property. Practically all zoning codes are designed to maximize setbacks and buffers between commercial and residentially zoned property, in order to provide the separation necessary to ensure the quiet enjoyment by owners of residentially zoned lands. The fact that the variance request is for a setback between abutting commercial properties, staff believes no special privilege will be provided that would not be provided in similar circumstances. The applicant states that the granting of a variance would not confer any special privilege on the applicant, as other property owners would be entitled to request the same variance if special conditions exist on their property. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter[ordinance]and would work unnecessary and undue hardship on the applicant. The literal interpretation of the code requirements may make the project a little less feasible on the part of the applicant. Major corporate entities tend to want to work within the pre- Page 443 of 754 Staff Report ZNCV 17-001 Aldi Grocery Memorandum No. PZ 17-039 Page 4 established design of the company's prototype buildings, both for ease of construction and pre-designed drawings which do not need to be modified, as well as the impacts associated with shelving and product layout changes necessitated with a building redesign. The applicant indicates that the site currently houses a rundown and vacant office structure and that the applicant proposes to bring an international grocery store to the City, and that the literal interpretation of the rear setback for a small portion of the building would deprive the immediate community and City of a greater benefit. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. By allowing a reduction in the rear setback, the applicant can provide the necessary screening and buffering of the back of house operations associated with the business, the required parking, safe vehicular circulation, appropriate perimeter and foundation landscaping, and increased pedestrian amenities. The requested variance from a 20 foot to a 14 foot rear setback is the minimum variance necessary to appropriately fit the building prototype and amenities on the parcel. As the proposed building design and placement meets the minimum side setback standard and do not require the need for a setback reduction from the abutting residential land use, the impacts associated with the minimal reduction request for a small portion of the building are negligable. As noted above, the redesign of the building prototype would be the only way to fit the building on site without benefit of the minimal variance requested. The applicant believes the request is the minimum variance necessary to make reasonable use of the property and that the overall benefit of screening the residential development to the east, as well as accommodating other site requirements through the proposed building placement, such as parking, circulation, landscaping and buffering outweigh the slight encroachment. f. That the granting of the variance will be in harmony with the general intent and purpose of this chapter[ordinance]and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff believes that granting this variance will have virtually no impacts upon surrounding properties considering the minimal intrusion into the setback abutting another commercially- zoned property. The purpose of property development regulations in the Zoning Code, specifically setback requirements, is to ensure compatibilty and a sense of privacy between properties through the provision of adequate separation of structures. The variance would allow the development to appropriately locate the back-of-house operations, including loading/unloading,while providing required screening and buffering of these operations from rights-of-way and the residential development to the east. The applicant believes the granting of the requested variance would be in harmony with the general intent and purpose of this chapter of the code, noting that the impact of the variance requested is negligible as compared to the benefits of the subject site as a whole and surrounding properties. The applicant goes on to state, "Furthermore, the requested variance is aligned with the City's Comprehensive Plan policies", including Policy 1.17.3, which states that the City shall improve approval processes and remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends.Further, the applicant states,"Granting the requested variance is consistent with this policy because granting a minor setback variance will allow the project to create jobs and contribute to the City's tax base while providing a specialty product and service that is Page 444 of 754 Staff Report ZNCV 17-001 Aldi Grocery Memorandum No. PZ 17-039 Page 5 currently a popular market trend." RECOMMENDATION Based on the analysis contained herein, it would appear as though the variance request does not satisfy all of the above criteria, however there are strong arguments for approval of the variance, based upon: 1) the uniqueness of this C-3 site, being smaller than other surrounding C-3 sites with the same locational criteria and which currently accommodate big box users; 2) the setback reduction request is for only a small portion of the building which abuts a parking lot for an office building to the south, thereby creating no external impact; 3) the portion of the building creating the need for a variance actually acts as a solid buffer of the loading operations from the residential development to the east; 4) the request is the minimum variance necessary to make site operations functional; and 5) the request provides adequate separation between properties,while providing for proper site and emergency circulation, screening of back of house operations, and adequate air circulation and natural light to adjacent properties. Therefore, staff recommends APPROVAL of the requested variance to reduce the rear (south) setback for a small segment of the building. This request will not be injurious or detrimental to the area in general or any property owner in particular. No conditions of approval are recommended for the variance request other than the request being subject to the approval of the Land Use amendment and Rezoning, Major Site Plan Modification, and Community Design Appeal applications. However, any conditions of approval added by the Planning & Development Board or the City Commission will be placed in Exhibit "D" — Conditions of Approval. S:\Planning\SHARED\WP\PROJECTSWIdi Grocery\ZNCV 17-001\Staff Report.doc Page 445 of 754 EXHIBIT A SITE LOCATION MAP tt r im y � r , * t Y ti k; 5 , r ,� � ,WBoynton ch ' E r , n e r r F i , 0 3060 120 180 240 Feet Page 446 of 754 A— A < -Lj "V H Cl o-Ed o o o o - o ........... LD IE 0 LL O s 1r U)LL 5 0 . ......... avo I/------------ ------------- DU NAY MIGary Ounay SKEL Hope Calhoun Christina ffilenk� Bonnie Mishe! Dwayne Dickerson Heather Jo Mten BACKMANLLP Scott Backman Ele Zachariades Andrea Keiser Aldi 3452 W. Boynton Beach Boulevard Southeast Corner of W. Boynton Beach Boulevard and Knuth Road Aldi, Inc. ("Petitioner") is the contract purchaser of the +/- 2.04 acre parcel, whose Parcel Control Numberis 08-43-45-30-01-008-0031 and generally located on the southeast corner of West Boynton each Boulevard and Knuth Road ("Property") within the City of Boynton Beach, Palm Beach County,Florida ("City"). The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently,the Property is developed with a rundown,one-story office building over thirty(30)years old and is in need of redevelopment. The Petitioner proposes to redevelop the Property with a +/- 18,848 square foot ALDI specialty grocery store ("Project"). In order to develop the Project, Petitioner is requesting a future land use map ("FLUM")amendment,rezoning,site plan approval,and a variance for the rear(south)setback. Variance Justification ALDI, one of America's favorite grocers, ;AS an International brand that first opened in 1961 Germany. It operates more than 1,600 stores in thirty-five (35) states and desires to bring a +/- 18,848 square foot specialty grocery store to the City. They take a simple, cost-effective approach to grocery shopping that saves shoppers on their grocery bills. In fact, smart shoppers have found that switching from national brands to ALDI exclusive brands can save the up to fifty percent (50%). According to Market Force Information,ALDI is a value leader among grocery stores in the United States for the sixth year in a row.' Over ninety percent (90%1 of retail products sold ALDI specific brands and are sold only as weekly must-haves. ' In 2014,JALDI was recognized as Retailer of the Year for their private brand development by Store Brands Magazine2. Monthly,more than forty (40) million customers benefit from their streamlined approach to bring shoppers the highest quality products at the lowest possible prices because ALDI products are specially crated by ALDI. ALDI partners with local farmers when possible and is gluten and organic conscious. In 2012,ALDI was recognized in Supermarket News for its efforts in promoting healthy diet.3 Inorder to bring City residents specialty products with savings, Petitioner respectfully requests a variance for the rear (south) setback, which is a deviation from a quantifiable standard or measure as is applicable to variances according to the City's Land Development Regulations ("LDR") Chapter 2, Article 11, Section 4.D.1.b. Currently, LDR Chapter 3, Article 111, Section 3.C.3 requires a rear yard setback to be a minimum of twenty (20) feet. Petitioner is proposing a 31.65 foot rear (south) setback on approximately seventy percent (70%) of the building and a 14.81 foot rear (south) I htL"s �C r orate.a]dLLi,-JenjiiewsraamIaLAard,,i/i-nit--foJ rce 2 rkt_ Lim-ZO -retafle-d-flic _1z _�_ __14 3h A_krv_orAta1dUs/e s aij �_,i_��MEZ �L_s_ugL_r_ni. et-ng�WV 14 S,E 4th Street,Suite 36,Boca Raton, FL 33432 Tel.N6,11 405-3300 Fax:(561)409-2341 www,dmbb1aw,corn Page 448 of 754 setback on approximately thirty percent(30%) of the building. As such,the scope of this requested variance is limited to the 14.81 foot rear (south) setback on approximately thirty percent (30%) of the southeast corner of the building. LDR Chapter 2, Article 11, Section 4.1) provides the review criteria used for evaluating variance requests. Petitioner will demonstrate below that the requested variance is consistent with the following review criteria as follows: a. That special conditions and circumstances exist is arepeculiar to the land,structure or building involved,and which are not applicable to other lands,structures or buildings in the same zoning district, There are special conditions and circumstances peculiar to the land,which are not applicable to other lands. The Property's existing shape is long and narrow. The length of the Property at 380.80 feet is for percent (40%) larger than its width at 234.92 feet. Moreover, the Property is a located at the corner of a major intersection, and thus, visible from two right- of-ways (W. Boynton each Boulevard and Knuth Road). In order to meet the parking, circulation, landscaping and buffer requirements of the City's LDR, a proposed building is predominantly setback to the maximum extent practicable at 31.65 feet on the southeastern portion of the Property. In consideration of the residential community adjacent to the east of the Property, the Applicant added a small appendage for loading ("Loading Dock") to the southeastern portion of the building in order to screen loading trucks from any views by impacted residents. Additionally,the grade of the loading zone is slightly lower to screen the loading truck from the property to the south. With a majority of the building set back at 31.65 feet and only thirty (30) feet of building set back at 14.81 feet,the Applicant is able to provide the required five (5)feet of foundation planting around the building and visible from both right-of-ways; the required twenty-five (25) foot drive aisles for proper circulation; the required ten (10) foot buffers on the north and west side of the Property and the required thirty(3 0) foot buffer on the east side of the Property, and the minimum number of parking spaces required for the Project. This proposed layout is most reasonable and practical considering the special conditions and circumstances discussed above. b. That special conditions and circumstances do notresultfrom the actions ofthe applicant for the variance, The special conditions and circumstances do not result from the actions of the Applicant. They result from the natural and existing conditions of the Property. The shape of the Property and the existence of the adjacent eastern residential community does not result from the actions of the Applicant. Moreover, the City's LDR requirements necessitate the proposed layout. 2 Page 449 of 754 c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this section to other lands,structures or buildings in the same zoning district; Granting the variance requested will not confer on the Applicant any special privilege that is denied by this section to other lands, structure or buildings in the same zoning district. Any other property is entitled to request the same variance if special conditions and circumstances exist on their property. d That literal interpretations of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant; A literal interpretation of the provisions of LDR Chapter 3, Article 111, Section 3.C.3 would deprive the Applicant of rights commonly enjoyed by other properties in the same zoning district and would inflict unnecessary and undue hardship on the Applicant. Currently, the Property is developed with a rundown, one-story office building over thirty (30) years old and is greatly in need of redevelopment. The Applicant desires to bring an international and award winning specialty grocery store to serve the diverse residents of the surrounding communities and the City. The proposed use is more consistent with the land use and zoning patterns in this area. A literal interpretation of LDR Chapter 3,Article 111, Section 3.C.3 for a mere thirty(30) feet of the requested variance would deprive the community and the City of a greater benefit,deprive the Applicant of rights commonly enjoyed by other properties who are also entitled to request similar variances from the City, and inflict unnecessary and undue hardship on the viability and potential of Applicant's Property. e. That the variance granted is the minimum variance that will make possible reasonable use of the land,structure or building, and The requested variance is the minimum variance necessary to make possible reasonable use of the land, structure or building. The proposed rear (south) setback is approximately seventy percent (70%) compliant with requirements of LDR Chapter 3, Article 111, Section 3.C.3. Applicant is requesting a minimum variance of only thirty (30) feet for the benefit of screening the adjacent, eastern residential community and for the benefit of bringing the Project into compliance with all other provisions required under the City's LDR, such as landscaping, buffering, circulation,and parking. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or be otherwise detrimental to the public welfare. Granting the variance will be in harmony with the general intent and purpose of this chapter. The purpose and intent of LDR Chapter 2,Article 11, Section 4 is to provide an efficient relief process to allow for reductions in the minimum yard setbacks that would have negligible impacts upon the subject site and surrounding properties and represent compliance with 3 Page 450 of 754 the general intent of the City's zoning regulations. The requested variance meets the general intent of LDR Chapter 3,Article 111, Section 3.C.3 by complying with almost seventy percent (70%) of the minimum rear setback requirement. The requested variance fora mere thirty (30) feet is negligible as compared to the benefits of the subject site as a whole and surrounding properties. Furthermore, the requested variance is aligned with the City's Comprehensive Plan policies. Policy 1.17.3 states that the City shall improve approval processes and remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. Granting the requested variance is consistent with this policy because granting a for setback variance will allow the Project to create jobs and contribute to the City's tax base while providing a specialty product and service that is currently a popular market trend. Moreover, the requested variance will not be injurious to the area involved or be otherwise detrimental to the public welfare,but benefits the area and public welfare. The requested variance provides better screening for the adjacent eastern residential community and the public welfare enjoys a specialty product and service. 4 Page 451 of 754 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Aldi Grocery File number: ZNCV 17-001 Reference: 4th review plans identified as a New Site Plan with a October 10, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Land Use& Rezoning, Major Site Plan Modification and Community Design X Appeals. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. Page 452 of 754 Aldi Grocery (ZNCV 17-001) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE I REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\ZNCV 17-001\COA post P&D.doc Page 453 of 754 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Aldi Grocery (ZNCV 17-001) APPLICANT: Bonnie Miskel, Esq. of Dunay, Miskel & Backman, LLP APPLICANT'S ADDRESS: 14 SE 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2017 APPROVAL SOUGHT: Relief from the City of Boynton Beach Land Development Regulations, Chapter 3, Article III. Section 3.C.3., Community Commercial (C-3) Building/Site Regulations, requiring a minimum rear setback of 20 feet, to allow a rear setback of 14 feet, a variance of 6 feet. LOCATION OF PROPERTY: 3452 W. Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\ZNCV 17-001\DO.doc Page 454 of 754 9.D. PUBLIC HEARING 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Approve Aldi Grocery Community Design Appeals (CDPA 17-006)from 1) Chapter 4, Article 111, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article 111, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter 4, Article 111, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article 111, Section 7.J.1. "Off-street parking locational criteria". Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. (This item should be postponed to coincide with 2nd Reading of the Land Use & Rezoning ordinance agenda item- LUAR 17-006). EXPLANATION OF REQUEST: Bonnie Miskel of Dunay, Miskel & Backman LLP, representing property owner MG3 3452 West Boynton LLC and applicant/contract purchaser Aldi, Inc., is requesting concurrent Land Use & Rezoning, Major Site Plan Modification, Community Design Appeals and Zoning Code Variance approval to construct a 17,880 square foot grocery store and related site improvements at the SE corner of Boynton Beach Boulevard and Knuth Road. On November 15, 2016, the City Commission approved a request for Conditional Use/ Major Site Plan Modification to convert the vacant 13,640 square foot office building to a day care operation for up to 200 children. After review of the requests, applicant justifications, proposed mitigation measures, and ultimate building and site design, staff has determined that the project meets the intent of the review criteria for Community Design Appeals in relation to 1) the remote location and screening of the overhead bay door; 2) appropriate building scale, mass and finishes providing a complete 360 degree design; 3) provision of alternative covered pedestrian amenities servicing a greater portion of the parking lot and allowing for larger landscape areas; and 4) added parking lot improvements to decrease the appearance of a large asphalt parking field. In addition, the proposed design of the project is not inconsistent with the Comprehensive Plan, will not significantly detract from the livability within or appearance of the City, will provide a well-located business with enhanced site amenities at a key intersection of the City, and finally, the project should not have any adverse impact on property values of abutting or adjacent land. The Planning & Development Board reviewed this request at their October 24, 2017 meeting and recommends approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Collection of fees associated with building permits, business tax, and property tax ALTERNATIVES: None recommended. STRATEGIC PLAN: Page 455 of 754 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Site Plan D Exhibit CD PA 17-006 Justifications D Exhibit CD PA 17-007 Justifications D Exhibit CD PA 17-008 Justifications D Exhibit CD PA 17-009 Justifications D Conditions of Approval Conditions of Approval D Development Order Development Order Page 456 of 754 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-053 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael W. Rumpf, Director of Planning & Zoning FROM: Ed Breese, Principal Planner DATE: October 11, 2017 PROJECT NAME/NO: Aldi Grocery/ CDPA 17-006 through 17-009 REQUEST: Approve requests for Community Design Appeal of 1) Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article III, Section 7.D.2., "Parapet roof return requirements"; 3)Chapter4, Article III, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article III, Section 7.J.1. "Off-street parking locational criteria". Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. Property Owner: MG3 3452 West Boynton LLC Agent: Bonnie Miskel, Dunay, Miskel & Backman, LLP Location: 3452 W. Boynton Beach Boulevard (see Exhibit "A" - Site Location Map) Site Details: The applicant has submitted development applications for Land Use & Rezoning, Major Site Plan Modification, Rear Setback Variance, and Community Design Appeals, for the construction of a one-story, 17,880 square foot grocery store building and related site improvements, on 2.04-acres. The subject site is located at the southeast corner of Boynton Beach Boulevard and Knuth Road (see Exhibit "A" — Location Map), and is currently occupied by a vacant 13,640 square foot office building, which would be demolished as part of the requested development plan. NATURE OF REQUEST As noted above, Bonnie Miskel, agent for MG3 3452 West Boynton LLC and Aldi, Inc., is requesting approval of four(4) Community Design Plan Appeals. The first appeal request is of Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way", which is relative to the location of the overhead bay door for the loading dock. The community design standards prohibit overhead bay doors on facades facing selected highly visible roadways. Knuth Road is one of those select roadways and the door is on the facade facing Knuth Road. The second is of Chapter 4, Article III, Section 7.D.2., "Parapet roof return requirements", which requires parapet returns be equal to the height of raised building facade elements above the typical parapet height, in an effort to provide more dimension to the facade, not simply straight walls. The applicant is proposing parapet returns of slightly more than half the required. The third request is of Chapter 4, Article III, Page 457 of 754 Staff Report—Aldi Grocery (CDPA 17-006 through 17-009) Memorandum No PZ 17-053 Page 2 Section 7.G.2., "Covered walks along building facades", which requires covered walkways be located along 70% of the front facade and 30% along the side corner facade,with seven (7)foot clear pedestrian passage. The applicant is proposing a covered walk within the parking area, as opposed to against the building facade. The last request is of Chapter 4, Article III, Section 7.J.1. "Off-street parking locational criteria" which restricts the percentage of parking spaces that may be located between the building facade and a public street to a maximum of 60%. Due to the rectangular nature of the site and building placement limitations, the applicant proposes site improvements/amenities that reduce the visual impact associated with the size of the parking field. BACKGROUND AND ANALYSIS The applicant has submitted a Justification Statement (Exhibit"C") date-stamped September 25, 2017 addressing each of the following review criteria for such applications: • a) Whether the proposed request will demonstrate consistency with the Comprehensive Plan; • b) Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; • c) On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; • d) Whether the proposed request is intended to save or preserve existing trees or desired flora; • e) Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; • f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; • g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; • h) Whether the proposed request is necessary to further the objectives of the City to assist with economic development and business promotion;and • i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with another site development standard or requirement, including sustainable development and green initiatives. The first application submitted for Community Design Plan Appeal involves Land Development Regulations (LDR) Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way".The community design standards prohibit overhead bay doors on facades facing selected highly visible roadways. Knuth Road is one of those select roadways and the overhead bay door for the loading dock is on the facade facing Knuth Road. The applicant notes that the site size and configuration limits the possible location of the loading area, as other code regulations limit these types of operations to the back of the building. The applicant has provided additional mitigation as part of their justification, including recessing the loading Page 458 of 754 Staff Report—Aldi Grocery (CDPA 17-006 through 17-009) Memorandum No PZ 17-053 Page 3 dock from the westernmost building facade by nearly 90 feet, placing it approximately 175 feet from Knuth Road, painting the door to match the building to help it blend in with the balance of the building wall, and enhancing the landscaping to better screen the loading dock area. Staff believes that the mitigation measures warrant approval of the appeal. The second application submitted for Community Design Plan Appeal involves Land Development Regulations (LDR) Chapter 4, Article III, Section 7.D.2., "Parapet roof return requirements",which requires parapet returns be equal in size to the height of raised building facade elements above the typical parapet roof height, in an effort to provide more dimension to the facade, not simply straight walls. The applicant has provided a parapet return of approximately one-half of that required, and justifies the deviation through 1) the use of parapets at varying heights; 2) the articulation occurring at the corners, which already provide greater dimension in two different planes; and 3) by providing a three-dimensional cornice at the top of the parapets on any side visible from off site. Staff believes that the raised architectural elements being located at the building corners combined with the three-dimensional cornice application on all locations visible from off-site essentially achieve the desired appearance contemplated in the design guidelines, and warrant approval of the appeal. The third application submitted for Community Design Plan Appeal involves Land Development Regulations (LDR) Chapter 4, Article III, Section 7.G.2., "Covered walks along building facades",which requires covered walkways be located along 70% of the front facade and along 30% the side corner facade, with seven (7)foot clear pedestrian passage. The applicant indicates that the Aldi standard store site design places the shopping cart corrals immediately on either side of the front entry, and is alternatively providing seven (7) foot clear pedestrian passage along the front of the building; however, the walk would not be covered. As part of the justification, the projection would need to extend off the building more than 14 feet to accommodate both pedestrians and cart storage. The applicant proposes mitigation through 1) the provision of the required seven (7) foot wide pedestrian pathway (uncovered); 2) the addition of the segmented covered trellis walkway from the Boynton Beach Boulevard sidewalk (which they indicate will serve a greater portion of the parking lot, rather than those customers parked against the building; and 3)the placement of more aesthetically pleasing planting areas at the front of the building that can now be accommodated. While staff would typically prefer the covered walks along the building facade, the provision of a segmented covered walk from Boynton Beach Boulevard to the front entry is a viable alternative, serving to meet other community design criteria, such as breaking up large expanses of asphalt, and therefore warrants approval of the appeal. The fourth application submitted for Community Design Plan Appeal involves Land Development Regulations (LDR) Chapter 4, Article III, Section 7.J.1. "Off-street parking locational criteria" which restricts the percentage of parking spaces that may be located between the building facade and a public street to a maximum of 60%. Due to the rectangular nature of the site and building placement limitations, the applicant proposes site improvements/amenities that reduce the visual impact associated with the size of the parking field. These enhancements include the provision of a segmented covered trellis walkway from Boynton Beach Boulevard, additional parking lot landscape islands, large landscape planter areas near the Page 459 of 754 Staff Report—Aldi Grocery (CDPA 17-006 through 17-009) Memorandum No PZ 17-053 Page 4 building entry, and use of stamped concrete walkways to break up the asphalt parking lot. Based upon site limitations, dictating potential parking lot design, combined with the parking lot amenities proposed by the applicant, staff believes the appeal is warranted. In conclusion, staff has determined that the project meets the intent of the review criteria for Community Design Appeals in relation to 1) the remote location and screening of the overhead bay door; 2) appropriate building scale, mass and finishes providing a complete 360 degree design; 3) provision of alternative covered pedestrian amenities servicing a greater portion of the parking lot and allowing for larger landscape areas; and 4) added parking lot improvements to decrease the appearance of a large asphalt parking field. In addition,the proposed design of the project is not inconsistent with the Comprehensive Plan, will not significantly detract from the livability or appearance of the City, will provide a well- positioned and amenitized business at a key intersection of the City, and finally,the project should not have any adverse impact on property values of abutting or adjacent land. RECOMMENDATION Staff has reviewed these requests for Community Design Appeal approval. Based on the analysis contained herein, staff recommends approval of each contingent upon City Commission approval of the concurrent requests for Land Use& Rezoning, Major Site Plan Modification, and Rear Setback Variance, and satisfying all comments indicated in Exhibit"D" —Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\CDPA 17-006 through 17-009\CDPA Staff Report.doc Page 460 of 754 EXHIBIT A SITE LOCATION MAP tt r im y � r , * t Y ti k; 5 , r ,� � ,WBoynton ch ' E r , n e r r F i , 0 3060 120 180 240 Feet Page 461 of 754 A— A < -Lj "V H Cl o-Ed o o o o - o ........... LD IE 0 LL O s 1r U)LL 5 0 . ......... avo I/------------ ------------- MISKEL Gary Dungy Hope Calhoun Christina BiLenki Beanie Miskat Dwayne Dickerson Heather Jas rattan BACKMANt t P Scott Backman Ete Zachariades Andrea Keiser Ii 3452 W. Boynton Beach Boulevard Southeast Corner of W. Boynton Beach Boulevard and Knuth Road Aldi, Inc. ("Petitioner") is the contract purchaser of the +/- 2.04 acre parcel, whose Parcel Control Number is 08-43-45-30-01-008-0031 and generally located on the southeast corner of West Boynton Beach Boulevard and Knuth Road ("Property") within the City of Boynton Beach, Palm Beach County, Florida ("City"). The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently,the Property is developed with a rundown,one-story office building over thirty(30)years old and is in need of redevelopment. The Petitioner proposes to redevelop the Property with a +/- 18,848 square foot ALDI specialty grocery store ("Project"). In order to develop the Project, Petitioner requested a future land use map ("FLUM") amendment,rezoning,site plan approval,and a variance for the rear(south) setback. Here, Petitioner also respectfully requests Community Design Appeals for the following (each will be addressed in separate justification narratives): No. Code Section &h ect 1 Part III, Chapter 4,Article III, Section 3.G Overhead Bay Doors 2 Part III, Chapter 4,Article III, Section 7.D.2 Parapet Return 3 Part III, Chapter 4,Article III, Section 7.G.2 Covered Walkways 4 Part III, Chapter 4,Article III, Section 7.J.1 Off-Street Parkin CDA Justification for Relief from Chapter 4, Article III, Section 3. (Overhead a oor) In order to bring City residents Aldi's specialty products with savings afforded to communities all over the world, Petitioner respectfully requests a Community Design Appeal ("CDA"). The purpose of a CDA is to provide a relief process that allows for deviations from any community design standard of Chapter 4 of the City's Land Development Regulations ("LDR"). Pursuant to LDR Part III, Chapter 4,Article III, Section 3.G, overhead bay doors shall not be located on building facades visible from Knuth Road. Petitioner is proposing an overhead bay door in the southeastern corner of the Property. See illustration below. The overhead bay door is oriented toward Knuth Road, but it's visibility has been significantly reduced. Thus, a CDA is required. 14 S.C.4th Street,Suite 36, Boca Raton, FL 33432 Tat: (5611405-3300 Fax: (561)409-2341 www.dmbblaw.com Page 463 of 754 k"' k 1 1 i 11 or b 4 4 ' t 4 Way ey � 4 Is E 9 LDg I 4 z T SII 18,848 SF TOTAL � I (17,880 SF INTERIOR) ti a � r 4. 4 54 FFE 15.90 NA,VD I I I I l & I ADA W TECT WAM TMINAfTER 4 , o I I I I I ffie mwd zt srnp Pursuant to LDR Part III, Chapter 2,Article II, Section 4.B.3, the Petitioner will demonstrate that the requested CDA meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and/or design is achieved. First, the overhead bay door is located within a recessed portion of the building with a downward slope of up to four and a quarter (4.25) feet. The recessed portion of the building and downward slope inherently reduces visibility from Knuth Road while the west facade of the building shields most of its visibility. Second, the overhead bay door is camouflaged by painting it the same color as the building to blend in with the west facade. Third,the curb cut on the south side of the drive aisle and Knuth Road has been slightly adjusted from approximately fourteen feet (14') to seventeen feet (17') to further reduce visibility from Knuth Road. Fourth, a denser landscape buffer, consisting of groupings of Sabal Palms and Green Buttonwoods plus a forty-eight inch (48") hedge height, even further reduces the overall visibility of the loading area and overhead bay door. Considering the foregoing, the Petitioner has significantly reduced the visibility of the overhead bay door in order to meet the intent of the LDR without diminishing its practical application. Furthermore, the location of the loading area and overhead bay door on the southeastern portion of the Property achieves the best design for this site. The northern portion of the Property contains most of the pedestrian activity, visibility and vehicular access for patrons from a major public right-of-way,Boynton Beach Boulevard. By locating the loading area and overhead bay doors 2 Page 464 of 754 furthest from the pedestrian activity ensures the safety of Aldi's patrons. The eastern portion of the Property is adjacent to a residential neighborhood and locating the loading area closest to residential homes would be undesirable. The proposed location uses the building itself and a thirty- foot (30') setback to screen and to protect the residential community from any impacts of the commercial activity. The western portion of the Property also contains pedestrian activity and has visibility from another public right-of-way, Knuth Road. The loading area is located on the southern portion of the property and is adequately screened by denser landscaping, a forty-eight (48) inch hedge, and a downward slope of up to four and a quarter (4.25) feet. The overhead bay doors are oriented toward the Knuth Road so loading trucks can access the downward sloped, loading area from the southwest corner of the site, which has the least amount of impact to any pedestrians on site. The overhead bay doors are located furthest from Knuth Road in the recessed portion of the building and its visibility is further reduced by the west facade, the adjusted curb cut, and the additional landscaping. As such,the proposed location of the loading area and overhead bay doors achieves the best development product and design for this site while significantly reducing its visibility from Knuth Road in order to meet the intent of LDR Part III, Chapter 4, Article III, Section 3.G. Below, the Petitioner will also justify that the requested CDA sufficiently addresses the required review criteria in accordance with LDR Part III, Chapter 2,Article II, Section 4.B: a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan; Granting the requested CDA is consistent with the Comprehensive Plan ("Plan"). As discussed above, the proposed location of the overhead bay doors achieves the best design for this site,significantly reduces its visibility, ensures the safety of pedestrians,and protects the adjacent residential community. Moreover, granting the requested CDAs allows the Petitioner to propose a Project for a Property greatly in need of redevelopment. As such,the CDA is consistent with the goals,policies and objectives outlined in the City's Plan as follows: Policy 1.3.1.b - By granting the CDA, the Petitioner can most effectively provide commercial retail services which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities. Policy 1.4.1 - The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. The Project proposes a commercial use that is more consistent with the future land use designations and zoning districts of neighboring communities and adequate public facilities are available for the proposed use. Thus, the Project minimizes land use conflicts and maintain the character of the community (Goal 1). Policy 1.4.2 - The City shall continue to modify land development regulations as needed to make them more effective or less burdensome in achieving goals and objectives of this Plan, and to seek innovative regulatory solutions to promote economic development and sustainability initiatives. The purpose of the CDA is to provide a relief process that allows 3 Page 465 of 754 for deviations from any community design standard of LDR Chapter 4. This process stimulates economic development by providing relief from site design layouts that meet the general intent of the LDRs, but not the literal application of the LDRs which can be more burdensome in achieving the goals and objectives of this Plan. Here, the requested CDA for the overhead bay doors meets the general intent of the Code without diminishing the practical application of the design standard and results in the most favorable development design. Policy 1.7.3 - The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. The Petitioner is proposing a Project on a Property greatly in need of redevelopment. The site plan encourages the use of public transit by coordinating a bus shelter with Palm Tran on the Property. It also encourages bicycle travel by providing bicycle racks and other pedestrian amenities such as seating and covered trellises. The requested CDA maximizes the safety of pedestrians by locating the loading area and overhead bay doors the furthest away from pedestrian activity. Policy 1.7.4 - The City is required to evaluate the continuing need for redevelopment plans in specific areas of the City that are not within the City's designated Community Redevelopment Area ("CRA"). This Property has been developed with the same, rundown office building over thirty(30) years and is greatly in need of redevelopment. Thus,the CDA facilitates the much needed redevelopment of the Property, which is not located within a CRA. Policy 1.17.3 - By the end of 2014, the City shall review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As noted above, the requested CDA removes an unnecessary hurdle hindering redevelopment of this site with a commercial use thatwill create jobs,contribute to the City's tax base, and provide an internationally recognized brand name. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; The requested CDA will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area. Proposing the loading area and overhead bay doors on the most southeastern corner of the Property and in a recessed portion of the building with a downward slope achieves the best site design with the most reduced visibility of the overhead bay doors. The denser landscaping enhances the livability and appearance of the City,and the camouflaging of the overhead bay door blends in with the facade of the building, which is consistent with the character of the area. 4 Page 466 of 754 c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; The requested CDA is consistent with the purpose of the standard for which a deviation is requested. As discussed above, the requested CDA still meets the general intent of the standard,which is to reduce the visibility of the overhead bay doors. Furthermore, granting the requested CDA will better meet the purpose of the standard being appealed. The proposed location of the loading area and overhead bay doors creates a safer environment for pedestrians and protects the adjacent residential community while still reducing the overall visibility. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1)Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; (2)Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3)size, age, health, and species of trees sought to be protected; The criteria in d(1) and d(2) is inapplicable to this CDA. The overhead bay doors do not impact existing trees or flora. In fact, additional landscaping has been provided to meet the general intent of the LDR. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; This criterion is inapplicable to this CDA. The visibility of the overhead bay doors does not have any environmental impacts. f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; The requested CDA will not have an adverse impact on property values of abutting or adjacent land. In fact, the proposed location of the loading area and overhead bay doors within the recessed portion of the building protects the property values of the adjacent residential community. 5 Page 467 of 754 g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; This criterion is inapplicable to this CDA. The visibility of the overhead bay doors does not have any impacts on the quality and quantity of light and air available to adjacent properties. There will be no operations on site that will emit smoke or odors and the proposed building height(25'4") is far less than the maximum requirement(45'). h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion;and The requested CDA is necessary to further the objectives of the City to assist with economic development and business promotion. Policy 1.17.3 requires the City to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As already mentioned, the requested CDA achieves the best site design while still meeting the general intent of the LDR and removes an unnecessary hurdle hindering a much needed redevelopment of Property with a commercial use that will create jobs, contribute to the City's tax base, and provide an internationally recognized brand name. L Whether the proposed request meets the purpose and intent of these regulations but conflicts with anothersite development standard or requirement, including sustainable development and green initiatives. The Petitioner has demonstrated throughout this justification that the requested CDA meets the relief criteria. The requested CDA does not conflict with another site development standard or requirement. 6 Page 468 of 754 MISKEL Gary Dungy Hope Calhoun Christina BiLenki Beanie Miskat Dwayne Dickerson Heather Jas rattan BACKMANt t P Scott Backman Ete Zachariades Andrea Keiser Ii 3452 W. Boynton Beach Boulevard Southeast Corner of W. Boynton Beach Boulevard and Knuth Road Aldi, Inc. ("Petitioner") is the contract purchaser of the +/- 2.04 acre parcel, whose Parcel Control Number is 08-43-45-30-01-008-0031 and generally located on the southeast corner of West Boynton Beach Boulevard and Knuth Road ("Property") within the City of Boynton Beach, Palm Beach County, Florida ("City"). The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently,the Property is developed with a rundown,one-story office building over thirty(30)years old and is in need of redevelopment. The Petitioner proposes to redevelop the Property with a +/- 18,848 square foot ALDI specialty grocery store ("Project"). In order to develop the Project, Petitioner requested a future land use map ("FLUM") amendment,rezoning,site plan approval,and a variance for the rear(south) setback. Here, Petitioner also respectfully requests Community Design Appeals for the following (each will be addressed in separate justification narratives): No. Code Section Sub'ect 1 Part III, Chapter 4,Article III, Section 3.G Overhead Bay Doors 2 Part III, Chapter 4,Article III,Section 7.D.2 Parapet Return 3 Part III,Chapter 4,Article III,Section 7.G.2 Covered Walkways 4 Part III, Chapter 4,Article III, Section 7.J.1 Off-Street Parkin CDA Justification for Relief from Chapter 4, Article III, Section 7.D.2 (Parapet Return) In order to bring City residents Aldi's specialty products with savings afforded to communities all over the world, Petitioner respectfully requests a Community Design Appeal ("CDA"). The purpose of a CDA is to provide a relief process that allows for deviations from any community design standard of Chapter 4 of the City's Land Development Regulations ("LDR"). LDR Part III,Chapter 4,Article III,Section 7.D.2 is a big box design standard and requires a parapet return with a length equal to or exceeding the parapet articulation. Petitioner is proposing the following and requires a CDA: Tower Parapet Articulation Parapet Return Main Tower 4 feet 2 feet Secondary Tower 4 feet 8 inches 2 feet 14 S.C.4th Street,Suite 36, Boca Raton, FL 33432 Tat: (5611405-3300 Fax: (561)409-2341 www.dmbblaw.com Page 469 of 754 Pursuant to LDR Part III, Chapter 2,Article II, Section 4.13.3, the Petitioner will demonstrate that the requested CDA meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and/or design is achieved. The intent of big box design standards is to eliminate adverse aesthetic impacts of large square or rectangular- shaped buildings with limited architectural enhancements. The minimum required parapet return is an architectural enhancement intended to minimize those impacts. Here, Petitioner's building proposes a plethora of architectural enhancements that result in a building design far more aesthetically pleasing than your typical big box building. The two most visible elevations are the front elevation (north) and the right elevation (west). f Hlflk 9 kY T + 1.WJi H�3x t K M1^1Cle�.fm — qq �Nl�i {w JC YTu: 9 11r VhY.fl %1R M, Yli*' uI NA MOW c, mm.191-41 C6=.JR4NU Mvy11 t R"M I is zx� 4 €{ f 1GH ELEVATION CUM) � Both elevations are visible from public rights-of-way, Boynton Beach Boulevard and Knuth Road. Both elevations provide the main tower elementwith the illuminated Aldi sign and secondary tower elements. This creates movement along the roof line as opposed to flat roofs typically seen on big box buildings. The facades offer a variety of colors and materials with different tones and consistency to create a visually aesthetic blend of architectural enhancements. They include vintage wood cedar, a brick like split-face CMU in Aldi Autumn, a prairie clay stucco, and aluminum composite panels in slate gray, bright silver, and gravel stop firestone white. Cornice treatments are provided on all four elevations to create a finished look. The varying tower and parapet heights create architectural enhancements that better meet the intent of the LDR than simply extending the parapet return. In fact,increasing the width of the parapet return for this particular building design would not be visible, and thus, have no additional impact on the architectural enhancements given the size of the building and existing tower elements. Therefore, the Petitioner has adequately addressed the intent of the LDR by providing architectural enhancements to the roof line that far exceed the minimum parapet return requirement. Below, the Petitioner will also justify that the requested CDA sufficiently addresses the required review criteria in accordance with LDR Part III, Chapter 2,Article II, Section 4.13: 2 Page 470 of 754 a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan; Granting the requested CDA is consistent with the Comprehensive Plan ("Plan"). As discussed above, the Petitioner's proposed building design does not qualify as a big box building and provides architectural enhancements that far exceed a minimum required parapet return. Moreover, granting the requested CDAs allows the Petitioner to propose a Project for a Property greatly in need of redevelopment. As such,the CDA is consistent with the goals, policies and objectives outlined in the City's Plan as follows: Policy 1.3.1.b - By granting the CDA, the Petitioner can most effectively provide commercial retail services which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities. Policy 1.4.1 - The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. The Project proposes a commercial use that is more consistent with the future land use designations and zoning districts of neighboring communities and adequate public facilities are available for the proposed use. Thus, the Project minimizes land use conflicts and maintain the character of the community (Goal 1). Policy 1.4.2 - The City shall continue to modify land development regulations as needed to make them more effective or less burdensome in achieving goals and objectives of this Plan, and to seek innovative regulatory solutions to promote economic development and sustainability initiatives. The purpose of the CDA is to provide a relief process that allows for deviations from any community design standard of LDR Chapter 4. This process stimulates economic development by providing relief from site design layouts that meet the general intent of the LDRs, but not the literal application of the LDRs which can be more burdensome in achieving the goals and objectives of this Plan. Here, granting the requested CDA provides relief from a design standard that is over burdensome because its application has little to no impact on the aesthetics of the building if the parapet return is not visible. Policy 1.7.3 - The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. The Petitioner is proposing a Project on a Property greatly in need of redevelopment. The site plan encourages the use of public transit by coordinating a bus shelter with Palm Tran on the Property. It also encourages bicycle travel by providing bicycle racks and other pedestrian amenities such as seating and covered trellises. The requested CDA maximizes the safety of pedestrians by locating the loading area and overhead bay doors the furthest away from pedestrian activity. Policy 1.7.4 - The City is required to evaluate the continuing need for redevelopment plans in specific areas of the City that are not within the City's designated Community 3 Page 471 of 754 Redevelopment Area ("CRA"). This Property has been developed with the same, rundown office building over thirty(30) years and is greatly in need of redevelopment. Thus,the CDA facilitates the much needed redevelopment of the Property, which is not located within a CRA. Policy 1.17.3 - By the end of 2014, the City shall review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As noted above, the requested CDA removes an unnecessary hurdle hindering redevelopment of this site with a commercial use thatwill create jobs,contribute to the City's tax base, and provide an internationally recognized brand name. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; The requested CDA will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area. As discussed above, the Petitioner has proposed a building design that is not the typical big box building and has many architectural enhancements that create a positive aesthetic impact in the community. c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; The requested CDA is consistent with the purpose of the standard for which a deviation is requested. As discussed above, the requested CDA still meets the general intent of the standard,which is to reduce the visibility of the overhead bay doors. Furthermore, granting the requested CDA will better meet the purpose of the standard being appealed. The Petitioner has provided better and more architectural enhancements than the minimum required parapet return. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1)Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; (2)Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real 4 Page 472 of 754 property; 2) location of existing structures and infrastructure improvements; and 3)size, age, health, and species of trees sought to be protected; The criteria in d(1) and d(2) is inapplicable to this CDA. The parapets do not impact existing trees or flora e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; This criterion is inapplicable to this CDA. The parapets do not have any environmental impacts. f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; The requested CDA will not have an adverse impact on property values of abutting or adjacent land. In fact, a more aesthetically pleasing building design protects the property values of the adjacent residential community. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; This criterion is inapplicable to this CDA. There will be no operations on site that will emit smoke or odors and the proposed building height(25'4"),including parapets, is far less than the maximum requirement(45'). h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion;and The requested CDA is necessary to further the objectives of the City to assist with economic development and business promotion. Policy 1.17.3 requires the City to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As already mentioned, the requested CDA provides a better building design while still meeting the general intent of the LDR and removes an unnecessary hurdle hindering a much needed redevelopment of Property with a commercial use that will create jobs, contribute to the City's tax base, and provide an internationally recognized brand name. 5 Page 473 of 754 L Whether the proposed request meets the purpose and intent of these regulations but conflicts with anothersite development standard or requirement, including sustainable development and green initiatives. The Petitioner has demonstrated throughout this justification that the requested CDA meets the relief criteria. The requested CDA does not conflict with another site development standard or requirement. 6 Page 474 of 754 MISKEL Gary Dungy Hope Calhoun Christina BiLenki Beanie Miskat Dwayne Dickerson Heather Jas rattan BACKMANt t P Scott Backman Ete Zachariades Andrea Keiser Ii 3452 W. Boynton Beach Boulevard Southeast Corner of W. Boynton Beach Boulevard and Knuth Road Aldi, Inc. ("Petitioner") is the contract purchaser of the +/- 2.04 acre parcel, whose Parcel Control Number is 08-43-45-30-01-008-0031 and generally located on the southeast corner of West Boynton Beach Boulevard and Knuth Road ("Property") within the City of Boynton Beach, Palm Beach County, Florida ("City"). The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently,the Property is developed with a rundown,one-story office building over thirty(30)years old and is in need of redevelopment. The Petitioner proposes to redevelop the Property with a +/- 18,848 square foot ALDI specialty grocery store ("Project"). In order to develop the Project, Petitioner requested a future land use map ("FLUM") amendment,rezoning,site plan approval,and a variance for the rear(south) setback. Here, Petitioner also respectfully requests Community Design Appeals for the following (each will be addressed in separate justification narratives): No. Code Section Sub'ect 1 Part III, Chapter 4,Article III, Section 3.G Overhead Bay Doors 2 Part III, Chapter 4,Article III, Section 7.D.2 Parapet Return 3 Part III, Chapter 4,Article III, Section 7.G.2 Covered Walkways 4 Part III, Chapter 4,Article III, Section 7. .1 Off-Street Parkin CDA Justification for Relief from Chapter 4, Article III, Section 7. . (Covered Walkways) In order to bring City residents Aldi's specialty products with savings afforded to communities all over the world, Petitioner respectfully requests a Community Design Appeal ("CDA"). The purpose of a CDA is to provide a relief process that allows for deviations from any community design standard of Chapter 4 of the City's Land Development Regulations ("LDR"). Pursuant to LDR Part III, Chapter 4,Article III, Section 7.G.2, covered walkways are required along building facades that contain public entrances or along facades that are oriented towards public or private streets. Public entrances on one (1) facade require covered walkways along 70% of the front facade and 30% of the side corner facade. Covered walkways shall have a minimum external dimension of ten feet (10') in width. The minimum internal dimension shall be seven feet (7') in width, absent any obstruction by columns, furniture, and/or other appurtenances. Petitioner is proposing the following to meet the general intent of this LDR,but will require a CDA: • Two (2) seven foot (7') walkways, absent any obstructions, on portions of the north facade and the west facade, both of which are oriented toward public streets (see illustration below and area highlighted in yellow); 14 S.C.4th Street,Suite 36, Boca Raton, FL 33432 Tat: (5611405-3300 Fax: (561)409-2341 www.dmbblaw.com Page 475 of 754 • Adjacent to the walkways, three (3) curbed landscaped areas with access from the north parking lot and the west parking lot (see illustration below and area boxed in green); and • Hard roof trellises for three (3) areas in between the stamped concrete crosswalk (see illustration below and area circled in orange). _ — ., �STATA x_8,041 A.. . 9 Aar MADMIKII W�. �.��`�•.` a. I ��l 1� � _ ddt i't t f t I d 14 II � s 1 u eAw gyp .aeTtL II I ` W1 I J IR� p . p y Y gni I2 t I I 'I I t aRz awn f"1YLlJI �1 TI� I PRO I O 7.0 I i o i p --18,8 !I 6F TOTAL I (17,880 SF INTERIOR) FFE 15.90 NAVD I I I E ¢ I ( P LL - ti s I6m�r 2 Page 476 of 754 Pursuant to LDR Part III, Chapter 2,Article II, Section 4.B.3, the Petitioner will demonstrate that the requested CDA meets the intent of the affected standard, does not diminish its practical application, and that an acceptable development product and/or design is achieved. The intent of requiring covered walkways along building facades is to provide pedestrians weather related relief, an aesthetically pleasing building amenity, and an efficient use of the building facade. Here, Petitioner's proposed alternatives better meet the intent of the LDR. First, covered walkways along the building facade provide immediate relief only to patrons exiting the store and whose coverage is limited to the building facade. No relief is provided to patrons attempting to enter the store from the parking lot under the current LDR. The three (3) proposed covered trellises provide weather related relief to patrons entering and exiting the store and relief is provided throughout the parking lot. Second, the trellises and the landscaped curbed areas adjacent to the seven (7) foot walkways create more aesthetically pleasing site amenities throughout the site. Third, the proposed use creates a special and unique circumstance that utilizes the building facade more efficiently. As a specialty grocery store, the Petitioner must offer shopping carts to its patrons. The Petitioner locates its shopping carts along the building facades and behind a wall. They also utilize a quarter system, whereby shopping carts are interlocked and cannot be acquired unless a quarter is inserted to release itself from the locking system. The location of the shopping carts coupled with the quarter system has been successful in keeping shopping carts out of vehicular use areas, which is a priority safety concern. To require covered walkways along the building facades for this particular user encourages pedestrians to crowd,block access to the shopping carts, block access to the entrance, which ultimately results in an inefficient site design. Therefore, the Petitioner better meets the intent of the LDR while achieving the most efficient and safe site design. Below, the Petitioner will also justify that the requested CDA sufficiently addresses the required review criteria in accordance with LDR Part III, Chapter 2,Article II, Section 4.B: a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan; Granting the requested CDA is consistent with the Comprehensive Plan ("Plan"). As discussed above,the requested CDA gives the Petitioner the flexibility to achieve an efficient and safe site design suitable for the proposed use while still meeting the general intent of the LDR. Moreover, granting the requested CDAs allows the Petitioner to propose a Project for a Property greatly in need of redevelopment. As such, the CDA is consistent with the goals, policies and objectives outlined in the City's Plan as follows: Policy 1.3.1.b - By granting the CDA, the Petitioner can most effectively provide commercial retail services which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities. Policy 1.4.1 - The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. The Project proposes a commercial use that is more consistent with the future land use designations and zoning districts of neighboring communities and adequate public facilities 3 Page 477 of 754 are available for the proposed use. Thus, the Project minimizes land use conflicts and maintain the character of the community (Goal 1). Policy 1.4.2 - The City shall continue to modify land development regulations as needed to make them more effective or less burdensome in achieving goals and objectives of this Plan, and to seek innovative regulatory solutions to promote economic development and sustainability initiatives. The purpose of the CDA is to provide a relief process that allows for deviations from any community design standard of LDR Chapter 4. This process stimulates economic development by providing relief from site design layouts that meet the general intent of the LDRs, but not the literal application of the LDRs which can be more burdensome in achieving the goals and objectives of this Plan. Here, the requested CDA for the hard roof trellises in lieu of covered walkways along the building facades meets the general intent of the Code without diminishing the practical application of the design standard and results in the most favorable development design. Policy 1.7.3 - The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. The Petitioner is proposing a Project on a Property greatly in need of redevelopment. The site plan encourages the use of public transit by coordinating a bus shelter with Palm Tran on the Property. It also encourages bicycle travel by providing bicycle racks and other pedestrian amenities such as seating and covered trellises. The requested CDA maximizes the safety of pedestrians by using a cart management system that reduces the impact of shopping carts in vehicular areas and provides pedestrians weather related relief to and from the parking lot. Policy 1.7.4 - The City is required to evaluate the continuing need for redevelopment plans in specific areas of the City that are not within the City's designated Community Redevelopment Area ("CRA"). This Property has been developed with the same, rundown office building over thirty(30) years and is greatly in need of redevelopment. Thus,the CDA facilitates the much needed redevelopment of the Property, which is not located within a CRA. Policy 1.17.3 - By the end of 2014, the City shall review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As noted above, the requested CDA removes an unnecessary hurdle hindering redevelopment of this site with a commercial use thatwill create jobs,contribute to the City's tax base, and provide an internationally recognized brand name. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; 4 Page 478 of 754 The requested CDA will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area. The pedestrian pathways and bike racks throughout the site enhance the livability of the City and encourage alternative modes of transportation. The hard roof trellises provide a practical site amenity that creates a nice visual appearance. Additionally,the curbed landscaped areas around the north and west building facade create an aesthetically pleasing green area. c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; The requested CDA is consistent with the purpose of the standard for which a deviation is requested. As discussed above, the requested CDA still meets the general intent of the standard, which is to provide weather related relief for patrons. Furthermore, granting the requested CDA will better meet the purpose of the standard being appealed. Covered walkways along the building facade only provide relief to patrons exiting the store. However, hard roof trellises throughout the northern parking lot provides weather related relief to patrons entering or exiting the store. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1)Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; (2)Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3)size, age, health, and species of trees sought to be protected; The criteria in d(1) and d(2) is inapplicable to this CDA. The covered walkways along the building facade do not impact any trees or flora. In fact, additional curbed landscaped areas have been provided to meet the general intent of the LDR. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; This criterion is inapplicable to this CDA. Hard roof trellises in lieu of covered walkways along the building facade do not have any environmental impacts. 5 Page 479 of 754 f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; The requested CDA will not have an adverse impact on property values of abutting or adjacent land. In fact, the brand name, product offerings, aesthetic enhancements of the trellises, landscaped areas, and pedestrian friendly amenities increase property values. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; This criterion is inapplicable to this CDA. Hard roof trellises in lieu of covered walkways along the building facade do not have any impacts on the quality and quantity of light and air available to adjacent properties. There will be no operations on site that will emit smoke or odors and the proposed building height (25'4") is far less than the maximum requirement (45'). h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion;and The requested CDA is necessary to further the objectives of the City to assist with economic development and business promotion. Policy 1.17.3 requires the City to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As already mentioned, the requested CDA achieves the better and safer site design while still meeting the general intent of the LDR and removes an unnecessary hurdle hindering a much needed redevelopment of Property with a commercial use that will create jobs, contribute to the City's tax base, and provide an internationally recognized brand name. L Whether the proposed request meets the purpose and intent of these regulations but conflicts with anothersite development standard or requirement, including sustainable development and green initiatives. The Petitioner has demonstrated throughout this justification that the requested CDA meets the relief criteria. The requested CDA does not conflict with another site development standard or requirement. 6 Page 480 of 754 MISKEL Gary Dungy Hope Calhoun Christina BiLenki Beanie Miskat Dwayne Dickerson Heather Jas rattan BACKMANt t P Scott Backman Ete Zachariades Andrea Keiser Ii 3452 W. Boynton Beach Boulevard Southeast Corner of W. Boynton Beach Boulevard and Knuth Road Aldi, Inc. ("Petitioner") is the contract purchaser of the +/- 2.04 acre parcel, whose Parcel Control Number is 08-43-45-30-01-008-0031 and generally located on the southeast corner of West Boynton Beach Boulevard and Knuth Road ("Property") within the City of Boynton Beach, Palm Beach County, Florida ("City"). The Property is designated as Office Commercial ("OC") on the City's Future Land Use Map and is zoned Office Professional ("C-1"). Currently,the Property is developed with a rundown,one-story office building over thirty(30)years old and is in need of redevelopment. The Petitioner proposes to redevelop the Property with a +/- 18,848 square foot ALDI specialty grocery store ("Project"). In order to develop the Project, Petitioner requested a future land use map ("FLUM") amendment,rezoning,site plan approval,and a variance for the rear(south) setback. Here, Petitioner also respectfully requests Community Design Appeals for the following (each will be addressed in separate justification narratives): No. Code Section Sub'ect 1 Part III, Chapter 4,Article III, Section 3.G Overhead Bay Doors 2 Part III, Chapter 4,Article III, Section 7.D.2 Parapet Return 3 Part III, Chapter 4,Article III, Section 7.G.2 Covered Walkways 4 Part III, Chapter 4,Article III, Section 7. .1 Off-Street Parkin CDA Justification for Relief from Chapter 4, Article III, Section 7.J. (Off-Street Parking) In order to bring City residents Aldi's specialty products with savings afforded to communities all over the world, Petitioner respectfully requests a Community Design Appeal ("CDA"). The purpose of a CDA is to provide a relief process that allows for deviations from any community design standard of Chapter 4 of the City's Land Development Regulations ("LDR"). Pursuantto LDR Part III, Chapter 4,Article III, Section 7.J.1,no more than sixty percent(60%) of the off-street parking may be located between the building facade and a public street. Petitioner is proposing the following to meet the general intent of this LDR, but will require a CDA in order to achieve the most efficient and safe site design: • A designated, stamped concrete pedestrian crosswalk that bisects the parking lot; • Hard roof trellises for three (3) areas in between the stamped concrete crosswalk that bisects the parking lot(see illustration below and area circled in orange); and • Curbed landscaped areas throughout the site (see illustration below and area boxed in green). 14 S.C.4th Street,Suite 36, Boca Raton, FL 33432 Tat: (5611405-3300 Fax: (561)409-2341 www.dmbblaw.com Page 481 of 754 1Z1G'I] L A e �x . . 7�F —._. .rm v R- *MIN � ��, .'9 rca � s •i � 'r � t ` . a7� 777 vl ! 5 p s f I i � 4 4 �� Wi r I PROTO 1.0 w. I 18,+' 48 SF TOTAL I I I - r (17,880 SF INTERIOR) Aj FFE 15-90 ATPD 1 ! { a I I r , Pursuant to LDR Part III, Chapter 2,Article II, Section 4.B.3, the Petitioner will demonstrate that the requested CDA meets the intent of the affected standard, does not diminish its practical 2 Page 482 of 754 application, and that an acceptable development product and/or design is achieved. The intent of this percentage limitation for off-street parking is to reduce the appearance of a large parking field in front of the building. However, in order to achieve the most efficient and safe site design, the Petitioner must provide a site layout that is compatible with the existing dimensions for this Property, that does not compromise the natural surveillance of patrons in the parking lot, that provides for efficient traffic flow, and that protects the adjacent residential community to the east. The Property is uniquely long and narrow. It is approximately 235 feet wide and 375 feet long. Its length is a third greater than its width. As a result,the proposed building location achieves the best site design because it provides the most efficient traffic flow,best screens the loading area,provides the least amount of impact to the adjacent residential community to the east, and allows for the natural surveillance of the parking lot from the public rights-of-way. To meet the intent of the LDR for this necessary site design, the Petitioner has provided site amenities to reduce the overall area of the paved surface in between the building facade and the public right-of-way. Petitioner proposes a seven (7) foot, stamped concrete pedestrian crosswalk that bisects the parking lot. In between the crosswalk, hard covered trellises provide an aesthetically pleasing site amenity as well as weather related relief to patrons entering and exiting the store. Furthermore, curbed landscaped areas throughout the site create aesthetically pleasing green areas that visually reduce the overall area of the paved surface. In totality,the Petitioner's proposed site layout with site amenities meets the intent of the LDR without diminishing its practical application by reducing the appearance of a large parking field while still achieving the best and safest site design. Below, the Petitioner will also justify that the requested CDA sufficiently addresses the required review criteria in accordance with LDR Part III, Chapter 2,Article II, Section 4.13: a. Whether the proposed request will demonstrate consistency with the Comprehensive Plan; Granting the requested CDA is consistent with the Comprehensive Plan ("Plan"). As discussed above,the requested CDA gives the Petitioner the flexibility to achieve an efficient and safe site design suitable for the proposed use while still meeting the general intent of the LDR. Moreover, granting the requested CDAs allows the Petitioner to propose a Project for a Property greatly in need of redevelopment. As such, the CDA is consistent with the goals, policies and objectives outlined in the City's Plan as follows: Policy 1.3.1.b - By granting the CDA, the Petitioner can most effectively provide commercial retail services which support the resident and visitor populations as well as creating employment opportunities for the adjacent residential communities. Policy 1.4.1 - The City shall encourage a mixture of quality light industrial, commercial and office uses within commercial and industrial districts where such projects would not create significant land use conflicts and adequate public facilities are available to serve such uses. The Project proposes a commercial use that is more consistent with the future land use designations and zoning districts of neighboring communities and adequate public facilities are available for the proposed use. Thus, the Project minimizes land use conflicts and maintain the character of the community (Goal 1). 3 Page 483 of 754 Policy 1.4.2 - The City shall continue to modify land development regulations as needed to make them more effective or less burdensome in achieving goals and objectives of this Plan, and to seek innovative regulatory solutions to promote economic development and sustainability initiatives. The purpose of the CDA is to provide a relief process that allows for deviations from any community design standard of LDR Chapter 4. This process stimulates economic development by providing relief from site design layouts that meet the general intent of the LDRs, but not the literal application of the LDRs which can be more burdensome in achieving the goals and objectives of this Plan. Here, the requested CDA for the reducing the overall paved surface with site amenities meets the general intent of the Code without diminishing the practical application of the design standard and results in the most efficient and safe site design. Policy 1.7.3 - The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. The Petitioner is proposing a Project on a Property greatly in need of redevelopment. The site plan encourages the use of public transit by coordinating a bus shelter with Palm Tran on the Property. It also encourages bicycle travel by providing bicycle racks and other pedestrian amenities such as seating and covered trellises. The requested CDA maximizes the safety of pedestrians maximizing the natural surveillance of the parking lots from the public right-of-way. Policy 1.7.4 - The City is required to evaluate the continuing need for redevelopment plans in specific areas of the City that are not within the City's designated Community Redevelopment Area ("CRA"). This Property has been developed with the same, rundown office building over thirty(30) years and is greatly in need of redevelopment. Thus,the CDA facilitates the much needed redevelopment of the Property, which is not located within a CRA. Policy 1.17.3 - By the end of 2014, the City shall review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As noted above, the requested CDA removes an unnecessary hurdle hindering redevelopment of this site with a commercial use thatwill create jobs,contribute to the City's tax base, and provide an internationally recognized brand name. b. Whether the proposed request will not significantly detract from the livability or appearance of the city and will be consistent with the established or desired character of the area, or with the redevelopment plan, where applicable; The requested CDA will not significantly detract from the livability or appearance of the City and will be consistent with the established or desired character of the area. The pedestrian crosswalk and hard roof trellises provide a practical site amenity that visually reduces the overall paved area. Additionally, the curbed landscaped areas around the north and west building facade create an aesthetically pleasing green area. 4 Page 484 of 754 c. On balance, whether the proposed request will be consistent with the purpose of the standard for which a deviation is requested. Granting the request will equally or better meet the purpose of the standard to be appealed; The requested CDA is consistent with the purpose of the standard for which a deviation is requested. As discussed above, the requested CDA still meets the general intent of the standard, which is to reduce the appearance of a large parking field in front of the building. Granting the requested CDA will better meet the purpose of the standard being appealed because an efficient and safe site design layout is achieved while still reducing the overall appearance of the paved surface. d. Whether the proposed request is intended to save or preserve existing trees or desired flora. (1)Whether the applicant is unable to design or locate proposed buildings, structures, or improvements and preserve the tree(s) and comply with all provisions of these community design standards without causing the applicant undue hardship; (2)Whether it is not feasible to transplant the trees to another location on the subject site considering the following: 1) shape and dimensions of the real property; 2) location of existing structures and infrastructure improvements; and 3)size, age, health, and species of trees sought to be protected; The criteria in d(1) and d(2) is inapplicable to this CDA. The parking area is not intended to save or preserve trees or flora. e. Whether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions; The requested CDA will not create any additional adverse environmental impacts. Regardless of the location of the parking,the required number of parking spaces remain the same for this use and any conditions imposed to minimum environmental impacts will remain the same. f. Whether the proposed request will have an adverse impact on property values of abutting or adjacent land; 5 Page 485 of 754 The requested CDA will not have an adverse impact on property values of abutting or adjacent land. The site design achieves the most efficient layout. Moreover,the brand name, product offerings, aesthetic enhancements of the trellises, landscaped areas, and pedestrian friendly amenities increase property values. g. Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties; This criterion is inapplicable to this CDA. The location of parking does not have any impacts on the quality and quantity of light and air available to adjacent properties. There will be no operations on site that will emit smoke or odors and the proposed building height(25'4") is far less than the maximum requirement(45'). h. Whether the proposed request is necessary to further the objectives of the city to assist with economic development and business promotion;and The requested CDA is necessary to further the objectives of the City to assist with economic development and business promotion. Policy 1.17.3 requires the City to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends. As already mentioned, the requested CDA achieves the better and safer site design while still meeting the general intent of the LDR and removes an unnecessary hurdle hindering a much needed redevelopment of Property with a commercial use that will create jobs, contribute to the City's tax base, and provide an internationally recognized brand name. L Whether the proposed request meets the purpose and intent of these regulations but conflicts with anothersite development standard or requirement, including sustainable development and green initiatives. The Petitioner has demonstrated throughout this justification that the requested CDA meets the relief criteria. The requested CDA does not conflict with another site development standard or requirement. 6 Page 486 of 754 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Aldi Grocery File number: CDPA 17-006 through CDPA 17-009 Reference: 4th review plans identified as a New Site Plan with a October 10, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Land Use & Rezoning, Major Site Plan Modification and Variance. X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. Page 487 of 754 Aldi Grocery (CDPA 17-006 through CDPA 17-009) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE I REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\CDPA 17-006 through CDPA 17-009\COA post P&D.doc Page 488 of 754 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Aldi Grocery (CDPA 17-006 through 17-009) APPLICANT: Bonnie Miskel, Esq. of Dunay, Miskel & Backman, LLP APPLICANT'S ADDRESS: 14 SE 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2017 APPROVAL SOUGHT: Requests for Community Design Appeal of 1) Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way"; 2) Chapter 4, Article III, Section 7.D.2., "Parapet roof return requirements"; 3) Chapter 4, Article III, Section 7.G.2. "Covered walks along building facades"; and 4) Chapter 4, Article III, Section 7.J.1. "Off-street parking locational criteria". LOCATION OF PROPERTY: 3452 W. Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\CDPA 17-006 through 17-009\DO.doc Page 489 of 754 9.E. PUBLIC HEARING 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Approve Aldi Grocery Major Site Plan Modification request (MSPM 17-005) to construct a one-story, 17,880 square foot grocery store building and related site improvements at 3452 W. Boynton Beach Boulevard. Applicant: Bonnie Miskel, Dunay, Miskel & Backman, LLP. (This item should be postponed to coincide with 2nd Reading of the Land Use & Rezoning ordinance agenda item- LUAR 17-006). EXPLANATION OF REQUEST: Bonnie Miskel of Dunay, Miskel & Backman LLP, representing property owner MG3 3452 West Boynton LLC and applicant/contract purchaser Aldi, Inc., is requesting concurrent Land Use & Rezoning, Major Site Plan Modification, Community Design Appeals and Zoning Code Variance approval to construct a 17,880 square foot grocery store and related site improvements at the SE corner of Boynton Beach Boulevard and Knuth Road. Previously, on November 15, 2016, the City Commission approved a request for Conditional Use/ Major Site Plan Modification to convert the vacant 13,640 square foot office building to a day care operation for up to 200 children. As part of the Major Site Plan Modification review process, the one story building is being processed under the City's Big Box regulations, for commercial buildings in excess of 15,000 square feet. The building is designed with varying parapet heights, with the tallest at 26 feet, and provides the requisite two (2) site amenities. The applicant has chosen a covered trellis amenity and a backlit tower feature at the building entry. The applicant has also provided the required 12 foot landscape buffer with wall abutting the residential community to the east. A new driveway is proposed to be located on Boynton Beach boulevard, with a second driveway along Knuth Road. Staff has reviewed this request for major site plan modification approval and recommends approval contingent upon approval of the companion land use and rezoning, variance, and community design appeal applications, and upon satisfying all comments indicated in Exhibit"C" —Conditions of Approval. The Planning & Development Board reviewed this request at their October 24, 2017 meeting and recommends approval, with the following added conditions of approval: • Elimination of the requirement for the applicant to provide a bus shelter designed to match the materials and colors of the building and only require the applicant to provide PalmTran an easement for a future shelter. • Revise the site plan to add handicap parking spaces without lowering the total parking count below the minimum number of required parking spaces for the development. • Re-examination of the proposed site photometrics to determine if all proposed site lighting could be altered to warm white lighting, while maintaining code compliant lighting levels. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Collection of fees associated with building permits, business tax, and property tax Page 490 of 754 ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location Map Location Map D Drawings Site Plan D Drawings Site Details D Drawings Sur y D Drawings Demolition Plan D Drawings Floor Plans D Drawings Elevations D Drawings Color Elevations D Drawings PGD Plans D Drawings Utility Plans D Drawings Tree Disposition Plans D Drawings Landscape Plans D Drawings Sign Plan D Drawings Photometric Plan D Conditions of Approval Conditions of Approval D Development Order Development Order Page 491 of 754 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-051 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: October 3, 2017 PROJECT NAME/NO: Aldi Grocery/ MSPM 17-005 REQUEST: Major Site Plan Modification PROJECT DESCRIPTION Property Owner: MG3 3452 West Boynton LLC Agent: Bonnie Miskel, Esq. of Dunay, Miskel & Backman, LLP Location: 3452 W. Boynton Beach Boulevard (see Exhibit "A") Existing Land Use: OC (Office Commercial) Existing Zoning: C-1 (Office Professional) Proposed Land Use: LRC (Local Retail Commercial) Proposed Zoning: C-3 (Community Commercial) Proposed Use: Request major site plan modification approval to construct a one-story, 17,880 square foot grocery store building and related site improvements. Acreage: 2.04-acres/ 88,724 square feet Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north developed commercial properties zoned C-3 (Community Commercial); South: Office building zoned C-1 (Office Professional); East: Stonehaven residential development zoned PUD(Planned Unit Development); and West: Right-of-way for Knuth Road, and farther west BP Gas Station and undeveloped land zoned PCD (Planned Commercial Development). Page 492 of 754 Staff Report—Aldi Grocery (MSPM 17-005) Memorandum No PZ 17-051 Page 2 Site Details: The subject site is located at the southeast corner of Boynton Beach Boulevard and Knuth Road (see Exhibit"A"—Location Map). On November 15,2016,the City Commission approved a request for Conditional Use/Major Site Plan Modification to convert the vacant 13,640 square foot office building to a day care operation for up to 200 children. The property owner was approached shortly after the day care approval by Aldi representatives interested in the property to locate one of their stores. As a result, new applications for Land Use Amendment& Rezoning, Major Site Plan Modification, Rear Setback Variance and Community Design Appeals for a grocery store were filed with the City. The building has been vacant for approximately three (3)years and the site and access points have been fenced off in order to prevent any property damage and unlawful behavior. BACKGROUND Proposal: Bonnie Miskel of Dunay, Miskel&Backman LLP, representing property owner MG3 3452 West Boynton LLC and applicant/contract purchaser Aldi, Inc., is requesting approval to construct a 17,880 square foot grocery store and related site improvements (see Exhibit "B"— Site Plan). ANALYSIS Concurrency: Traffic: A traffic study for the proposed project was sent to the Palm Beach County Traffic Division for concurrency review in order to ensure an adequate level of service. The study anticipates an additional 41 AM peak hour vehicle trips and 115 additional PM peak hour trips. A traffic concurrency approval letter has not been received as of the preparation of this report. No building permits will be issued until such time as the concurrency approval letter is received (see Exhibit "C" — Conditions of Approval). School: School concurrency is not required for this type of project. Utilities: The City's water capacity, as increased through the purchase of up to 5 million gallons of potable water per day from Palm Beach County Utilities,would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project, subject to the applicant making a firm reservation of capacity, following site plan approval. Police / Fire: Staff reviewed the site plan and determined that current staffing levels would be sufficient to meet the expected demand for services. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Vehicular Access: The site plan (Sheet C-05) shows that two (2) primary points of ingress/egress are proposed for the new building. The first, a right-in/right-out driveway opening from Page 493 of 754 Staff Report—Aldi Grocery (MSPM 17-005) Memorandum No PZ 17-051 Page 3 Boynton Beach Boulevard, would occur near the northeast corner of the parcel. A second point of ingress/egress would be a full driveway opening along Knuth Road, near the southwest corner of the site. The requirements for a dumpster and truck loading zone have been reviewed and approved by the Engineering Division with the submittal of truck turning radius diagrams by the applicant. These components have been located at or near the rear of the building, screened from the residential property to the east and remote from the store entry. Circulation: Vehicular circulation from each driveway would include two-way circulation that continues throughout the parking lot. Pedestrian connectivity would be provided on site via a stamped concrete walkway, leading from the sidewalk along Congress Avenue to the store entry. This walkway will be covered along the way, except where the walk crosses drive aisles. There is also a proposed stamped concrete walkway leading from Knuth Road to the building entry. A new eight (8) foot wide concrete sidewalk is proposed along the west side of the project in the Knuth Road right-of-way for the full length of the property. Parking: The site plan (Sheet C-05) proposes a 17,880 square foot enclosed grocery store building (18,848 total square feet), which would require 90 parking spaces, based upon the standard of one (1) parking space per 200 square feet of building. The site plan depicts the provision of 93 parking spaces, including four(4) designated for handicap use. All proposed parking stalls, including the size and location of the handicap space,were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. The 17,880 square foot building is reviewed under the Big Box regulations, which were designed to guide the development of new commercial buildings in excess of 15,000 square feet. One of those design regulations involves off-street parking design (Chapter 4, Article III, Section 7.J.1), which restricts the percentage of parking spaces that may be located between the building facade and a public street. The parking lot design exceeds the 60% limitation and the applicant has applied for a Community Design Appeal,with appropriate justifications and site enhancements designed to reduce the appearance of a large parking field. These enhancements include the provision of a covered walkway from Boynton Beach Boulevard, parking lot landscape islands, large landscape planter areas near the building entry, and use of stamped concrete to break up the asphalt parking lot. Approval of the Major Site Plan Modification is contingent upon approval of this and the other Community Design Appeals (see Exhibit "C" — Conditions of Approval). Landscaping: The landscape plan (Sheet L-2) indicates compliance with the required minimum buffers around the perimeter of the site. Perimeter landscape buffers are proposed as follows: a ten (10)-foot wide buffer adjacent to Boynton Beach Boulevard and Knuth Road, a twelve (12)-foot wide buffer along the east property line, and a five (5)-foot wide buffer against the existing office building to the south. Along the east property line, adjacent to the Stonehaven residential development, the landscape plan indicates a 12-foot wide buffer that includes a six (6)-foot high decorative buffer wall. The wall will be planted on both sides with cocoplum shrubs, and the landscape buffer would consist of existing Live Oak trees and relocated Live Oak trees, new Orange Geiger, Wild Tamarind, Dahoon Holly, Green Buttonwood and Sabal palm trees. The 12-foot wide buffer would expand to 30-feet for the south half of the site. The overall landscape scheme will consist of Live Oak, Green and Page 494 of 754 Staff Report—Aldi Grocery (MSPM 17-005) Memorandum No PZ 17-051 Page 4 Silver Buttonwood, Orange Geiger trees, and Royal and Sabal palm trees. Typical shrubs would include Cocoplum, Small-leaf Clusia, Wax Myrtle, Yaupon Holly, Silver Buttonwood and Spanish Stopper. Additionally, the applicant will retain the existing Live Oak trees in the Boynton Beach Boulevard right-of-way, other than the removal of one (1)for the installation of a new entrance/exit drive, and will properly prune the trees to eliminate their current wild/overgrown appearance. With the mitigation/relocation of trees on site, there will be a total of 113 canopy trees and 53 palm trees,with the Sabal palms placed predominantly in landscape islands and buffers too narrow for canopy trees, in large buffer areas between canopy trees, or against the building where canopy trees cannot be placed. Nearly all plant material is native, with the exception of two (2) Veitchia palms and 103 dwarf pink Ixora shrubs. The pervious area would total 24.2% of the entire site and consists of landscaped islands, foundation plantings and buffer areas. Building and Site: The proposed building is designed as a one (1)-story structure with parapet walls at three (3)varying heights to provide architectural character. The proposed building would be setback approximately 183 feet from the north property line and 30 feet along the east side (abutting Stonehaven PUD), in compliance with code requirements. The setback from the west property line abutting Knuth Road is approximately 77 feet, and between approximately 14 and 31 feet from the south property line, abutting the parking lot of the office building at 200 Knuth Road. The code requires buildings within the C-3 (Community Commercial) zoning district to be set back a minimum of 20 feet. Accordingly, the applicant has submitted a zoning variance request and justifications to reduce the required setback by six(6)- feet for approximately 25% of the rear of the building, in order to accommodate the loading dock operation. Approval of the Major Site Plan Modification is contingent upon approval of this variance request(see Exhibit"C"—Conditions of Approval). Building Height: The building elevations (Sheet A-201 and Color Elevation) indicate the highest point of the structure would be the top parapet of the tower element at the building entrance, with a height of approximately 26 feet. The next tallest parapet height would be at approximately 22 feet, with the typical parapet wall height at approximately 17 feet,well below the maximum of 45 feet allowed in the C-3 zoning district. Design: The proposed building utilizes many similar design features as other retail buildings, including earthtone colors. According to the "Exterior Finish Schedule" shown on Sheet A-201, the main body paint color of the building would be a medium khaki tan "Prairie Clay". The base and columns consist of split-face block material, with a muted brick red color "Aldi Autumn", and the accent color of the cornice and trim would be white"China White".The architect also proposes the use of horizontal cedar wood planks on the upper portion of the wall immediately on either side of the entry tower feature. The building elevations depict gray aluminum canopies along the entire north facade and over the windows along the west facade. The elevations show that the parapet roof would vary in height, intended to give architectural character to the building. The building entry tower would be backlit storefront glass and contain the building signage. As noted previously, the building is being reviewed under the Big Box regulations, and as part of those regulations the site development plan shall include a minimum of two (2) site amenities. The applicant has chosen to provide the lighted tower feature and the covered trellis walkway within the parking lot discussed earlier to fulfill this Page 495 of 754 Staff Report—Aldi Grocery (MSPM 17-005) Memorandum No PZ 17-051 Page 5 requirement. The applicant has filed three (3)additional Community Design Plan Appeals to the Community Design Standards and Big Box regulations (see corresponding report and analyses for CDPA 17-006 through 17-008). The first is relative to the location of the overhead bay door for the loading dock. The community design standards prohibit overhead bay doors on facades facing selected highly visible roadways. Knuth Road is one of those select roadways and the door is on the facade facing Knuth Road. The applicant notes that the site size and configuration limits the possible location of the loading area, as other code regulations limit these types of operations to the back of the building. The applicant has provided additional mitigation as part of their justification, including the fact that the loading dock is recessed from the westernmost building facade by nearly 90 feet, placing it approximately 175 feet from Knuth Road, the door is painted to match the building and that enhanced landscaping is being provided to better screen the loading dock area. The second appeal is relative to the requirement that parapet returns be equal to the height of raised building facade elements above the typical parapet height, in an effort to provide more dimension to the facade, not simply straight walls. The applicant has provided a parapet return of approximately one-half of that required, and justifies the deviation through 1) the use of parapets at varying heights; 2) the articulation occurring at the corners, which already provide greater dimension in two different planes; and 3) by providing a three (3) dimensional cornice at the top of the parapets on any side visible from off site. Lastly, an appeal was submitted to the requirement for covered walkways along 70% of the front facade and 30% along the side corner facade,with seven (7)foot clear pedestrian passage. The applicant indicates that the shopping cart corrals are located immediately on either side of the front entry, and that the seven (7) foot clear pedestrian passage is being provided, it just will not be covered, as the projection would need to extend off the building more than 14 feet because of the cart storage. They propose mitigation through 1)the provision of the required seven (7) foot wide pedestrian pathway (uncovered); 2) the addition of the covered trellis walkway from the Boynton Beach Boulevard sidewalk (which they indicate will serve a greater portion of the parking lot, rather than simply those parked against the building; and 3)the placement of more aesthetically pleasing planting areas at the front of the building as opposed to an awning. Greater detail of each of the Community Design Appeals can be viewed as part of the Community Design Appeals staff report. Approval of the Major Site Plan Modification is contingent upon approval of the Community Design Appeals (see Exhibit"C"—Conditions of Approval). Public Art: The applicant has indicated they intend to pay the fee associated with Art in Public Places in lieu of providing the art element on site. The estimated value of the art payment is anticipated to be $22,000. Site Lighting: The photometric plan (Sheet C-12) proposes 17 freestanding lights in the parking lot. The freestanding lights would be placed on top of a 12 foot tall silver metal pole, mounted atop a 3 foot high concrete base, for a total height of 15 feet. The LED light fixtures would also be silver in color,with a flat lens and cut-off feature to inhibit any light spillage/trespass. Additional exterior lighting would be provided through the installation of building mounted and under canopy fixtures, placed at a height of approximately 7 feet. The Photometric Plan is in compliance with the Page 496 of 754 Staff Report—Aldi Grocery (MSPM 17-005) Memorandum No PZ 17-051 Page 6 City's lighting ordinance, and designed to prevent glare or spillage onto abutting properties. Signage: The applicant is proposing two (2)wall signs, one (1) on the north side and one (1) on the west side of the backlit entry tower feature. Each cabinet sign is approximately 48 square feet in size and follows the design of their corporate branding, with a large letter"A"with the word "ALDI" below it. The applicant is also proposing an 8 foot by 5 foot monument sign (with 30 square foot of copy area) at the northwest corner of the site,with material and colors matching the design of the building and wall signage. RECOMMENDATION The Development Application Review Team (DART) has reviewed this request for major site plan modification approval and recommends approval contingent upon approval of the companion land use and rezoning, variance, and community design appeal applications, and upon satisfying all comments indicated in Exhibit"C"—Conditions of Approval. Any additional conditions recommended by the Board or approved by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTSWIdi Grocery\MSPM 17-005\Staff Report.doc Page 497 of 754 EXHIBIT A SITE LOCATION MAP tt r im y � r , * t Y ti k; 5 , r ,� � ,WBoynton ch ' E r , n e r r F i , 0 3060 120 180 240 Feet Page 498 of 754 A— A < -Lj "V H Cl o-Ed o o o o - o ........... 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ZO.Z5 z l< 00 z oox, x Z=z < o.z I. —Z... > WOoz< < < ¢000 0 0 << -T < .0<" 3 5 lJ s n m a c .p � 76 a z z w w w w t s m m - z o M m Eb y M I I �w �T - \_ I I e \<\ 1 1 El El < Lj ol- 'o C$ o W. o �o W, T ol o o o -oo— 0 Lad i fl3 -9 vG o - - - - - - - - - - - - - - - - - - - - - - - - - q----- ----- -------- —0 ................. o 0 LL rn 0 CO u A, Al�lw, xi, gr, cq co cq LL vl� vl� ----- ------ --------------- --- -- -------------- --- ----- -- ----- --------------- EXHIBIT "C" Conditions of Approval Project Name: Aldi Grocery File number: MSPM 17-005 Reference: 411 review plans identified as a Maior Site Plan Modification with an October 10, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. Please provide a copy of the notice of concurrency to the Traffic Performance Standards of Palm Beach County. (NOTE: If notice of concurrency is a condition of DART approval applicant will be X required to comply with any recommendations outlined in concurrency approval deemed necessary by the City and will be at the City's sole discretion). 2. Please work with PalmTran on the location of an upgraded bus shelter on property, in the vicinity of the existing bus stop location on X Boynton Beach Boulevard. Bus shelter shall be designed to match the architectural style, materials and color of the proposed building. 3. At time of permit submittal, cross sections will be required along each property line so that the applicant can clearly show how the proposed development will tie into existing features. The applicant X will need 50-75 feet of additional topographic information collected around the perimeter of the property to properly depict the required cross sections. 4. At time of permit, submittal please show the open cuts on Knuth X Road and Banyan Creek Circle N. to allow for the installation of the utilities. 5. The soils report calls for various asphalt pavement sections. At time X of permit submittal, please provide the heavy-duty detail and note which section covers which area. 6. At time of permit submittal, please depict a drain within the dumpster X enclosure. FIRE Comments: None, all previous comments addressed at DART meeting. POLICE Page 512 of 754 Aldi Grocery (MSPM 17-005) Conditions of Approval Page 2 of 4 DEPARTMENTS INCLUDE REJECT Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 7. It is the applicant's responsibility to ensure that the application requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City X Clerk. 8. Please place the electric drop adjacent to the existing monument sign underground. X 9. Per Chapter 4, Article III, Section 3.G., overhead bay doors shall not be located on building facades visible from public r-o-w such as Knuth Road. A Community Design Appeal is required since the X overhead door faces Knuth Road. Approval of the Major Site Plan Modification is subject to approval of the Community Design Appeal. 10. Per Chapter 4, Article III, Section 7.D.2., a parapet return is required with a length equal to or exceeding the parapet articulation. A Community Design Appeal is required if parapet return is not X increased in width. Approval of the Major Site Plan Modification is subject to approval of the Community Design Appeal. 11. Per Chapter 4, Article III, Section 7.G.2., covered walkways along the face of the building, shall be a minimum of 10 feet in width with an unobstructed 7 feet of clear path, and are required along 70% of the front facade and 30% of the side corner facade. A Community X Design Appeal is required if the 10 foot width of the covered walk and length along each facade is not met. Approval of the Major Site Plan Modification is subject to approval of the Community Design Appeal. Page 513 of 754 Aldi Grocery (MSPM 17-005) Conditions of Approval Page 3 of 4 DEPARTMENTS INCLUDE REJECT 12. Per Chapter 4, Article III, Section 7.J.1., no more than 60% of the off- street parking may be located between the building facade and a public street. Approval of the Major Site Plan Modification is subject X to approval of the Community Design Appeal. 13. Approval of the Major Site Plan Modification is subject to approval of the Rear Setback Variance. X 14. Please provide architectural details of the covered trellis and decorative bus shelter. If not received prior to Board hearing, the X review and approval will be staff's determination. 15. At time of permitting, please provide a sample of the proposed spandrel glass for staff review and determination that the glass X closely resembles the vision glass. 16. Staff recommends the applicant work with the abutting HOA to discuss the possibility of the removal and replacement of their wooden fence with your required buffer wall and landscaping, rather X than placing them back-to-back. 17. Applicants who wish to utilize City electronic media equipment for recommended PowerPoint presentations at the public hearings must notify the project manager in Planning and Zoning and submit a CD X of the presentation at least one week prior to the scheduled meeting. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 18. Replace comment #2 with a new comment: Provide PalmTran an easement for a future bus shelter location. X 19. Delete comment#14. X 20. Revise the site plan to add handicap parking spaces in the parking row against the building, without reducing the number of provided X space below the minimum number required by code. 21. Re-examine the proposed site photometrics to determine if all proposed site lighting could be altered to a warm white lighting X fixture and continue to maintain code compliant lighting levels. Page 514 of 754 Aldi Grocery (MSPM 17-005) Conditions of Approval Page 4 of 4 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTSWIdi Grocery\MSPM 17-005\COA post P&D.doc Page 515 of 754 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Aldi Grocery (MSPM 17-005) APPLICANT: Bonnie Miskel, Esq. of Dunay, Miskel & Backman, LLP APPLICANT'S ADDRESS: 14 SE 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 5, 2017 APPROVAL SOUGHT: Major Site Plan Modification approval to construct a 17,880 square foot grocery store and related site improvements, located at 3452 W. Boynton Beach Boulevard. LOCATION OF PROPERTY: 3452 W. Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Aldi Grocery\MSPM 17-005\DO.doc Page 516 of 754 11.A. UNFINISHED BUSINESS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-103-Approve Amendment to Agreement for Special Magistrate Services to increase the Special Magistrate's hourly rate. (TABLED TO NOVEMBER 21, 2017) STAFF RECOMMENDS REMOVING THIS ITEM FROM THE AGENDA. THE REQUEST FORA RATE INCREASE HAS BEEN WITHDRAWN. EXPLANATION OF REQUEST: On August 6, 2013, the City Commission appointed James D. Stokes to serve as the Special Magistrate for Local Red Light Camera hearings and approved the City Manager to sign an Agreement for Special Magistrate Services. The Special Magistrate has requested that his hourly rate be increased from$140 per hour to $200 per hour. City Staff recommends that the rate be increased to $200 per hour as requested. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted Funds are budgeted for magistrate costs in the Traffic Safety fund under account 103-2110-521-49-17. Based on previous years expenses, the increase in hourly rate would cost approximately an additional $2,500 per year. Previous years expenses: FY 16/17 $6,188.00 FY 15/16 $7,910.00 FY 14/15 $ 840.00 ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 517 of 754 Grant Amount: ATTACHMENTS: Type Description Resolution Approving Amendment to Agreement D Resolution for Special Magistrate Services to increase the Special Magistrate's hourly rate D Attachment Original Contract and Agenda item for Red Light Camera Special Magistrate D Attachment James Stokes most recent invoices Page 518 of 754 1 RESOLUTION R17- 2 3 4 5 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, APPROVING AN AMENDMENT TO AGREEMENT 7 FOR SPECIAL MAGISTRATE SERVICES TO INCREASE THE 8 SPECIAL MAGISTRATE'S HOURLY RATE; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 12 WHEREAS, on August 6, 2013, the City Commission appointed James D. Stokes to 13 serve as the Special Magistrate for Local Red Light Camera hearings and approved the City 14 Manager to sign an Agreement for Special Magistrate services; and 15 WHEREAS, the Special Magistrate has requested that his hourly rate be increased 16 from $140 to $200 per hour; and 17 WHEREAS, the City Commission of the City of Boynton Beach upon 18 recommendation of staff, deems it to be in the best interest of the citizens of the City of 19 Boynton Beach to approve an Amendment to Agreement for Special Magistrate to increase 20 the Special Magistrate's hourly rate. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission does hereby approve an Amendment to 27 Agreement for Special Magistrate to increase the Special Magistrate's hourly rate . 28 Section 3. That this Resolution shall become effective immediately upon passage. 29 CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\AB259CBD-F1 BA-4480-B3F6-FE509FB209E3\Boynton Beach.7464.1.Amendment_to_Agreement_with_RLC_Special_Magistrate_Stokes_=Reso.doc Page 519 of 754 30 PASSED AND ADOPTED this day of , 2017. 31 32 CITY OF BOYNTON BEACH, FLORIDA 33 YES NO 34 35 Mayor— Steven B. Grant 36 37 Vice Mayor—Justin Katz 38 39 Commissioner—Mack McCray 40 41 Commissioner—Christina L. Romelus 42 43 Commissioner—Joe Casello 44 45 VOTE 46 47 ATTEST: 48 49 50 51 Judith A. Pyle, CMC 52 City Clerk 53 54 55 (Corporate Seal) CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\AB259CBD-F1 BA-4480-B3F6-FE509FB209E3\Boynton Beach.7464.1.Amendment_to_Agreement_with_RLC_Special_Magistrate_Stokes_=Reso.doc Page 520 of 754 6. N CONSENTAGENDA August 6, 2013 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: August , 2013 El OPENINGS 0 PUBUcHEARING El OTHER CITY MANAGER'S REPORT NATURE OF -ANNOUNCEMENTS/PRESENTATIONS UNFINISHED USINESS AGENDA ITEM ADMINISTRATIVE U NESS ONSENTA ENDA LEGAL ICiS AND PURCHASES OVER$100,000 E3 FUTURE AGENDA ITEMS 4+OE COMPLIANCE AND LEOAI. SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: PROPOSED RESOLUTION NO. 13-075- Authorize the City Manager to enter into agreements with Jon D. Gurney, P.A. and James D. Stokes to provide Special Magistrate services for the local hearings of the Red Light Camera violations. EXPLANATION OF REQUEST: The City Commission approved Ordinance No. 13-019 on June 18, 2013 establishing the City's local hearing process for Red Light Camera citations. As part of the local process the City needs to appoint at least one (1) Special Magistrate to consider appeals of these citations. The Ordinance also provided for the qualifications of the Special Magistrate, The City received inquiries from three (3) attorneys expressing interest in serving in this capacity. After reviewing the information provided from the attorneys the City decided to extend an offer to two (2) attorneys to serve as Special Magistrates for the City. The City intends to hold the hearings weekly in the Commission Chambers and have the Special Magistrates rotate on a monthly basis and if possible cover for each other in the event of a scheduling conflict. The intent is to have the hearings on the same day each week to start, with the possibility of adjusting the schedule based on caseload. The City would provide the necessary equipment and background documents for the Special Magistrates to conduct the hearings. 277 of 520 Page 521 of 754 The attached agreements contain the following conditions for each Special Magistrate- * Compensation of$140/hour with no additional charge for mileage, travel time or incidentals; * Two (2) hour minimum on hearing session days-, * City will compensate for actual time spent for any necessary training for the ATS system or pre hearing preparation How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Entering into these agreements for Special Magistrate services will provide a necessary component for the City to conduct local hearings for Red Light Camera citations as outlined in Ordinance No. 13-019 that was approved by the Commission on June 18, 2013. FISCAL IMPACT: The estimated annual costs for these services were part of developing the Administrative Fine of$85.00 per violation that was previously approved by City Commission to recover the costs of the City holding these hearings as allowed by the legislation that went into effect as of July 1, 2013. ALTERNATIVES: Not to enter into these agreements and either do a formal bid process or not hold the local hearings and cease the red light camera program. 278 of 520 Page 522 of 754 1RESOLUTION 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF 4 BOYNTON BEACH APPOINTING JAMES D. STOKES, TO SERVE AS 5 SPECIAL MAGISTRATE FOR LOCAL RED LIGHT CAMERA 6 HEARINGS; AUTHORIZING THE CITY MANAGER TO ENTER 7 INTO AN AGREEMENT FOR SPECIAL MAGISTRATE SERVICES; 8 AND PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission has adopted Ordinance No. 13-019 establishing a 11 Special Magistrate to preside over local red light camera hearings; and 12 WHEREAS, James D. Stokes,meets the requirements set forth in the City of Boynton 13 Beach Code to serve as Special Magistrate to preside over local red light camera hearings as 14 needed; and 15 WHEREAS, James D. Stokes, does not currently prosecute red light camera 16 violations and do not intend to prosecute such violations in the foreseeable future; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to 18 be in the best interests of the citizens and residents of the City of Boynton Beach to appoint 19 James D. Stokes, to serve as Special Magistrate and to authorize the City Manager to enter 20 into an Agreement for Special Magistrate Services with James D. Stokes. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 2FLORIDA: 23 Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed 24 as being true and correct, and are incorporated herein by this reference. 5 at the City Commission of the City of Boynton Beach, Florida 26 hereby appoints James D. Stokes, to serve as Special Magistrate and authorizes the City 27 Manager to enter into an Agreement for Special Magistrate Services with James D. Stokes, a 28 copy of which is attached hereto as Exhibit "A". 1 S ICAIRESO\Reso-Red Light Special Magistrate Appointment(Rev)Doc Page 523 o-1 754 1 Section 3: This resolution shall become effective upon its passage and adoption by the 2 City Commission. 3 PASSED AND ADOPTED this day of 2013, 4 ALIW-1 5 CITY OF BOYNTON BEACH 6 7 8 9 MOt r—Jerri Taylor 10 11 12 13 ce Ma or—Woodrow L. Hay 14 15 16 17 Commfission r— yid T. Meill,,-. 18 19 • 20 21 Co missioner—Michael M. Fifpallick 'ss' mc 22 23 24 25 Co —dJoe Casello 26 27 ATTEST: 28 29 30 31 J t M. Prainito, MMC 32 ��ty Clerk 33 34 35 36 (Corporate Seal) 2 S 1CMRES01Reso-Red Light Spccutl Magistrate Appointment(Rev)Doc Page 524 0l 754 R13-075 AGREEMENT FOR SPECIAL MAGISTRATE SERVICES THIS AGREEMENT,made and entered into the_L day of 2013 by and between: CITY OF BOYNTON BEACH, a Florida municipal corporation, having the address, 100 E. Boynton Beach Blvd, Boynton Beach,, FL 33425 (hereinafter referred to as "CITY"), AND James D. Stokes, a sole practitioner having the business address 100 Rialto Place, Suite 700, Melbourne, FL 32901 (hereinafter referred to as "SPECIAL MAGISTRATE"). WITNESSETH: WHEREAS, the City of Boynton Beach CCityl has home rule authority pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166, Florida Statutes, to provide for enforcement of violations of the City's Code of Ordinances and other violations of law through the use of Special Magistrates; and, WHEREAS, in 2008, the City Commission adopted Ordinance No. 2008-034, which authorized t1w use of unmann d baffle infraction detectors (red light cameras) to enforce red light violations within the City; and, WHEREAS, In 2010, the Florida Legislature adopted the "Mark Wandall Traffic Safety Program,- §316.0083, Florida Statutes (the "State Act'j, which, among other things, expressly preempted to the State the subject matter of in unmanned cameradmonto ring devices, referred to as tmffic infraction detectors, in the State Act as defined therein,toenforce violations of rod light indications on traffic control devices as of July 1,2010;and, WREREAS, on July 20, 2010, the City Commission adopted Ordinance 2010-015, to conform the City's Code of Ordinances to the State Art;and, WEEREAS, during the 2013 Legislative Session, the Florida Legislature passed legislation, Chapter 2013-160, Laws of Florida, which provides for municipalities to conduct local hearings for persons that receive Notices of Violation (NOV) and request a hearing to contest such NOV;and, WHEREAS, at its meeting of June 18, 2013, the City Commission adopted Ordinance 2013-019 to conform the City's red light camera program to the new State Act; and WHEREAS, at its meeting of June 18, 2013, the City Commission, pursuant to Ordinance 2013-019, authorized the City Administration to take all steps necessary to implement Page 1 Page 525 of 754 R1 3-075 the red light caniem Notice of Violation hearings required by state law, including the hiring of Special Magistrates; and WHEREAS, James D. Stokes (hereinafter referred to as the "SPECIAL MAGISTRATE")is qualified to serve a Special Magistrate; and WHEREAS,the SPECIAL MAGISTRATE is not a charter officer of the City of Boynton Beach; and WHEREAS, the SPECIAL MAGISTRATE is not an officer pursuant to Article J1, Section 5(a)of the Florida Constitution; and WHEREAS, the SPECIAL MAGISTRATE saves at the pleasure and at the wifl of the City Commission of CITY; and WHEREAS, CITY and SPECIAL MAGISTRATE wish to enter into this Agreement in order to set out the terms and conditions of employment related to this appointment; NOW THEREFORE, in consideration of the mutial. terms and conditions, promises, covenants and payments hereinafter set forth, CITY and James D. Stokes,agree as follows: Section 1. Recitals. The recitals and findings set forth above are hereby adopted by reference and incorporated herein as if fiffly set forth in this section. Section 2. Services. A. SPECIAL MAGISTRATE agrees to provide SpecW Magistrate services by adjudicating red light camera ewes that may be assigned to SPECIAL MAGISTRATE by CITY. The dates and times of the Special Magistrate hearings sM1 beestablished by the CITY and may be amended from time to time. SPECIAL MAGISTRATE understands that Special Magistrates will be utilized for hearings on a rotational basis. SPECIAL MAGISTRATE is authorized to bear any and alI red light camera matters as specified by Florida law and authorized by the City Code. B. SPECIAL MAGISTRATE agrees that at the conclusion of each hearing, a written order, which shall include findings off and conclusions of law, shall be promptly prepared and executed by SPECIAL MAGISTRATE, either electronicaUy or manually, in the manner specified by the CITY and in compliance with the State law. The CITY shall be responsible for furnishing a copy of the or to the applicable parties. C. SPECIAL MAGISTRATE is an independent con tractor under this Agreement. Services provided by SPECIAL MAGISTRATE shall not be as an officer or an employee of the CITY. Page 2 Page 526 of 754 R13-075 D. SPECIAL MAGISTRATE is a member in good standing of the Florida Bar engaged in the private practice of law. E. SPECIAL MAGISTRATE has no existing client relationship which would pose a conflict of interest to his service as a Special Magistrate for CITY. SPECIAL MAGISTRATE does not currently prosecute red light camera violations in any form and does not intend to prosecute such violations in the foreseeable future. Should SPECIAL MAGISTRATE commence prosecution of red light camera violation cases, SPEC L4LL MAGISTRATE shall not be permitted to adjudicate the CITY'S red light camera cases, and this agreement shall terminate immediately out any Ruther action required by the CITY. Section 4. A. CITY agrees to pay SPECIAL MAGISTRATE Oxw Hundred Forty Dollars and 00/100 ($140.00) per hour or fractional part thereof for time spent by the SPECIAL MAGISTRATE in preparation and research for special Magistrate hearings, fora at such hearings, and if required, for drafting appropriate orders and documents which result from such hearings. B. SPECIAL MAGISTRATE agrees to provide CITY with a monthly invoice outlining the services provided and time billed as SPECIAL MAGISTRATE -under tw conditions set forth in this agreement. Such invoice shall be submitted to: City of Boynton Beach, Attention: Accounts Payable, 100 E. Boynton each Blvd,Boynton Beach, FL 33425. C. Payment shall be made monthly to the SPEC UL MAGISTRATE at: James D. Stokes 100 Rialto Place, Suite 700 Melbourne, FL 32901 Section 5. Term of Agreement A. This Agreement shall be effective upon the approval of the City Commission and shall be effective until terminated by the CITY or as otherwise provided herein. This Agreement with the SPECIAL MAGISTRATE may be terminated at any time by the City Commission and without cause. B. The Agreement may be terminated by SPECIAL MAGISTRATE upon thirty(30) calendar days' written notice to the CITY. Page 3 Page 527 of 754 R13-075 Section& Amendmenb- As a modification, muendment or a1wration in the terms of conditions of this Agreement shall be effective unless contained in a written document executed with the same formality and of equal dipity herewith. B. SPECIAL MAGISTRATE agrees that the services provided in this Agreement are personal in nature and may not be assigned or transferred to any other party out the prior written consent of the CITY. THE REST OF THIS PAGE HAS BEEN 114TENTIONALLY LEFT BLANK. Page 4 Page 528 of 754 R13-075 IN WrrNESS WHEREOF, the CITY OF BOYNTON BEACH AND SPECIAL MAGISTRATE have caused these present to be executed in their respective names by the proper officials the day and year first above written. CITY ATTEST: CITY OF 130YNTON BEACK FLORIDA: Jan city1 ,City Manager APPRO S F OFFICE THE Ctft A SPECIAL MAGISTRATE Stokes-""-- Stateof Eorlo County0f 1PA'r—V-'-3 The foregoing instrurnent was acknowledged before me,the undersigned Notary Public in and for the State of Florida,on this.the I O� day of ALmNL&A 2013 by (Magistrate),Esquire. WITNESS my hand and official seal Publie, State of & 1-ke e"-c —1--> EXpIREM,F&UM J5,9014 Printed,typed or stamped name of Notary Public exactly as commissioned Personally known to me, or Produced identification: ClDntka —orivir L it,P-151L, (type of identification produced) Page 5 Page 529 of 754 James D. Stokes LNVOICE May 5, 2017 Captain Matt Zeller Boynton Beach Police Department 100 East Boynton Beach Blvd, Boynton Beach,Florida 33425 Date 'tem Ljg Time Ainount 0 —1:7� --a4 1 .20 2.6 $364.00 7 �j 04.272 2-7 $ .......m.- Total}f2,11 arct. $742,00 Total Due: $742.00- Checkn Verifie& s ca ble to. Notes.- James D. Stokes Re. Special Magistrate service 100 Rialto Place,Suite 700 as approved by Resolution No.13-075 Melbourne,Florida 32901 for Red Li-lit Camera hearinp. tel. 321.704,0046 einail:istokesl627@grnail.com FEIN: 45-4503014 r 00\ 0 2- Rtp s w° 808rd Certified Specialist Labor&Ernploynierd Lazo 130ard Certified S ecialist Ohi, Counhi&Local Gotxrwiietit Law Page 530 of 754 James D. Stokes INVOICE June 2,2017 Captain Matt Zeller Boynton Beach Police Department 100 East Boynton Beach Blvd. Boynton Beach,Florida 33425 Date Item 74mo I A 05.11-20I-7——Red Light—Adjudicati—on-Hearing,, 2A $392.00 C6.25.2017 Red Adj?dic-a—tion—Hea-r—ing. - .2 Totalf $7000 .or M�rch. ®0 - Total Due: $700X0 Verifled: Orecks can be njadeai able to: Notes: a James D. Stokes e®Special Magistrate service 100 Rialto Place,Suite 700 as approved by Resolution No. 13-075 r�Melbourne,Florida 32901 for Red Light Camera hearings. tel. 321.704.0046 email:jstokes1627@gniaj].COM FEIN., 45-4503014 r It `01RU-4 Board Certified Speclahs— t Labor&Ernployinew Lmi, 101VO&,.r cE.wv ABoard Certified Specialist Cihj, Comply&Local Gowrwnenl Law Page 531 of 754 James D. Stokes INVOICE July 17, 2017 Captain Matt Zeller Boynton Beach Police Department 100 East Boynton Beach Blvd. Boynton Beach,Florida 33425 Date Its Time Amosint K08.2017 Red Li la Adjudication Hea"g_U_Ee 17j, 2.4 $336,00 07.13,2017 Red Light Adjjudicalion Hear'ng_July jO172.7 375.00 Toa I Due: $714<00 Verified: -Checks can be made,payable to, Notes: James D. Stokes Re.Special Magistrate service 100 Rialto Place,Suite 700 as approved by Resolution No,1 075 Melbourne,Florida 32901 for Red Light Camera hearinp.__ tel.321.704.0046 email:jstokesl627@gmail.com FEIN: 45-4503014 ala 1 �� 0Z 9 "CxpRlb 10 Board Labor&Emplopytepit Law CE *Board Certified Specialist Cihj, County&bxal Goventmew Law Page 532 of 754 12.A. NEW BUSINESS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-118- Authorize the Mayor to sign the First Amendment to the Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) for the CRA funding of the Neighborhood Officer Policing Program for FY 17/18 for an amount not to exceed $372,000. EXPLANATION OF REQUEST: Agreement Period: October 1, 2017-September 30, 2018 On November 14, 2017, the CRA Board approved an Amendment to the I nterlocal Agreement between the City and CRA for the funding of the Neighborhood Officer Policing Program for FY 17/18. The City Commission approved Resolution R15-152 on December 7, 2015 to implement the neighborhood policing program for the Heart of Boynton and provide for CRA funding for FY 15/16 in the amount of $200,000. The CRA secured a location; 404 E. Martin Luther King Blvd. for the programs base of operations. The CRA staff has worked with the City Police Department to develop the Neighborhood Policing Program for the area and is a part of the I LA. The program began February 8, 2016, this ILA will continue the funding for this program for the period October 1, 2017 thru September 30, 2018 in accordance with the ILA. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Provide a neighborhood policing program for the Heart of Boynton Community. FISCAL IMPACT: Budgeted CRA will provide up to a maximum of amount of$372,000 for the management of the Neighborhood Officer Policing Program as outlined in the ILA. ALTERNATIVES: Do not approve the ILA STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 533 of 754 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution appro\4ng the First Amendment to the ILA with the C RA D Attachment First Amendment D Attachment C RA 11-14-17 Agenda item Page 534 of 754 I RESOLUTION NO. R17- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN A FIRST AMENDMENT TO THE INTERLOCAL 5 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 6 THE BOYNTON BEACH COMMUNITY REDEVELOPMENT 7 AGENCY FOR THE CRA FUNDING OF THE NEIGHBORHOOD 8 OFFICER POLICING PROGRAM FOR FISCAL YEAR 2017-18 IN 9 AN AMOUNT NOT TO EXCEED $372,000 AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, on October 26, 2016 the City and CRA entered into an Interlocal 14 Agreement For the Funding of the Neighborhood Officer Policing Program to improve the 15 quality of life for area residents and to increase private investment within the CRA area known 16 as the Heart of Boynton; and 17 WHEREAS, the City Commission of the City of Boynton Beach, upon 18 recommendation of staff and the CRA Board, deems it to be in the best interests of the residents 19 and citizens of the City of Boynton Beach to approve a First Amendment to the Interlocal 20 Agreement between the City of Boynton Beach and the Boynton Beach Community 21 Redevelopment Agency regarding the CRA funding of the Neighborhood Officer Policing 22 Program for fiscal year 2017-18 in an amount not to exceed $372,000. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. Each Whereas clause set forth above is true and correct and incorporated 26 herein by this reference. Page 535 of 754 27 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 28 approve and authorize the Mayor to sign A First Amendment to the Interlocal Agreement 29 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 30 Agency for the CRA funding of the Neighborhood Officer Policing Program for fiscal year 31 2017-18 in an amount not to exceed $372,000, a copy of said First Amendment to the Interlocal 32 Agreement is attached hereto as Exhibit"A". 33 Section 3. That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this day of , 2017. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor—Justin Katz 42 43 Commissioner—Mack McCray 44 45 Commissioner—Christina L. Romelus 46 47 Commissioner—Joe Casello 48 49 50 VOTE 51 ATTEST: 52 53 54 55 Judith A. Pyle, CMC 56 City Clerk 57 58 59 (Corporate Seal) Page 536 of 754 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE NEIGHBORHOOD OFFICER POLICING PROGRAM This FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE NEIGHBORHOOD OFFICER POLICING PROGRAM (First Amendment) is entered into by and between the City of Boynton Beach (City) and the Boynton Beach Community Redevelopment Agency(CRA) (collectively referred to as the Parties"). WHEREAS, the CRA and the City entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE NEIGHBORHOOD OFFICER POLICING PROGRAM (Agreement) on October 26, 2016; and WHEREAS, the Parties wish to make certain changes to the Agreement; NOW THEREFORE, in consideration of the promises contained herein and in the Agreement, the sufficiency of which both Parties hereby acknowledge: 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 2) Additional Obligations of the CRA. In addition to the obligations in the Agreement, the CRA shall provide funding to the City in the maximum amount of Three Hundred and Seventy Two Thousand Dollars ($372,000.00), for the management of the Neighborhood Officer Policing Program under the same terms, conditions, and procedures provided for the in the Agreement. 3) Effective Date. This First Amendment shall be deemed to be effective and act to extend the term of the Agreement as of October 1, 2017. 4) Term of the Agreement. The Agreement shall automatically terminate September 30, 2018, unless earlier terminated by the parties. Nothing in this paragraph shall be construed so as to prevent the parties from extending or otherwise amending the Agreement or this First Amendment. 5) Modification of Exhibit A. Exhibit A to the Agreement shall be deleted in its entirety and substituted with Exhibit A to this First Amendment. 6) General. Except as expressly set forth in this First Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by the CRA and the City. This First Amendment any be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. 00900169-1 Page 537 of 754 IN WITNESS WHEREOF, the CITY and CRA hereto have executed this Agreement as of the date set forth above. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Judith Pyle, City Clerk Steven B. Grant, Mayor Approved as to Form: (SEAL) Office of the City Attorney BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Steven B. Grant, Cfiair 00900169-1 Page 538 of 754 BOYNT04 alemBEAC RA CRA BOARD MEETING OF: November 14, 2017 OLD BUSINESS AGENDA ITEM: XIII.C. SUBJECT: Consideration of Amendment to the I nterlocal Agreement for the Neighborhood Officer Program for FY 2017 -2018 SUMMARY: At the November 10, 2015 CRA Board meeting, the CRA Board voted to fund a neighborhood policing program for the Heart of Boynton community in the amount of $200,000 The CRA secured a location; 404 E. Martin Luther King, Jr. Blvd. for the program's base of operations. The Interlocal Agreement between the City and the CRA expired on September 30, 2017 (see Attachment 1). During the FY 2017-2018 Budget process, the CRA Board approved adding an additional officer which increased the budget for the program to $372,000. See Attachment II for a program description and Attachment I I I for the FY 2017 - 2018 Budget. The Amendment to the existing Interlocal Agreement provides the terms and conditions for the management, funding, payment for the program and expiration date. FISCAL IMPACT: The Neighborhood Officer Policing Program is budgeted in the amount of $372,000 in the FY 17/18 budget, line item 02-58500-460. CRA P LAN/P ROJ ECT/P ROG RAM: 2016 Boynton Beach Community Redevelopment Plan - The Heart of Boynton CRA BOARD OPTIONS: Approve the ILA between the City and the CRA for the implementation of the Neighborhood Officer Policing Program Page 539 of 754 ATTACHMENTS: Description D Attachment I - ILA- NOP Program D Attachment II - Program Description D Attachment III - Neighborhood Police Budget FY 17-18 D Attachment IV -Amendment for ILA Page 540 of 754 I ct INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE NEIGHBORHOOD OFFICER POLICING PROGRAM THIS AGREEMENT is made this 26 day Of ...0c.to.b.ex..........., 2016 by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, (hereinafter referred to as "CiW% and the BOYNTON BEACH COMM-UNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the " " individually and collectively,the"Party"or"Parties"). WITNESSETH: WHEREAS, the CRA's Neighborhood Officer Policing Program is intended to improve the quality of life for area residents and to increase private investment within the CRA Redevelopment area known as the Heart of Boynton in flie City of Boynton Beach; and WHEREAS, the CRA elimination of slum and blighted conditions in the area of the Neighborhood Officer Policing Program is a goal of the CRA's Redevelopment Plan; and WHEREAS, the City desires to provide the CRA with the management for the Program under the terms of the Program shown in Exhibit"X'; and WHEREAS,the CRA Board finds that this Agreement, and the use oft e CRA's funds to implement the Neighborhood Officer Policing Program, is consistent with the CRA's Redevelopment Plan, and Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial economic impact of the Neighborhood Officer Policing Program, the CRA 00716048-1 Tdrive-ILAs/201.6/Police Program Page 1 Page 541 of 754 and the City find that this funding agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the City of Boynton Beach, including the Community Redevelopment Area. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,the Parties hereby agree as follows: 1. Recitations. The recitations set forth above are hereby incorporated herein. 2. Obligations of the CRA. The CRA shall provide ftmding to the City in the maximum amount of Two Hundred Sixty-Three ® and 00/100 Dollars ($263,000.00), for management of the Neighborhood Officer Policing Program. The CRA shall make payments to the City on a quarterly is for the reimbursement of direct expenses related to the operation of the Neighborhood Officer Policing Program as reflected in Exhibit "A". Written request from the City for payment must include all documentation, including receipts, indicating the amount and the purpose for the payment for which the City is seeking reimbursement. Payment shall be remitted to the City within thirty (30) days of receipt of City's request including complete documentation of expenses incurred. 3. Obligations of the City. 4. On a quarterly basis, the City shall provide a report to the CRA regarding the Community Policing program, The report shall detail the activities of the Officers for that quarter as described in the Community Policing program. 5. Term of the Agreement. The term of this Agreement shall become valid and commence on execution by the City Mayor, it Clerk, and CRA Board Chair, and shall terminate on September 30, 2017® The CRA shall not be required to 00716048-1 TdrivedLAs/2016/Police Program Paget Page 542 of 754 reimburse City for ani requests submitted after the Termination Date. The to of the Agreement may be extended upon the execution of a written amendment signed by the City Manager and the CRA Executive Director. 6. Records. The City and the CRA each shall maintain their own records and documents association with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or it during normal business hours during the term of this Agreement and at least I year after the termination of the Agreement. 7. Filing. This Interlocal. Agreement shall be filed pursuant to the requirements of Section 163.01(11)of the Florida Statutes. 8. Default. If either Party fails to perform or observe any of the material terms and conditions of this Agreement for a period of to (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may be entitled,but is not required,to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and condons contained herein relate to the health, safety, and welfare of the residents subject to this Agreement. Failure of any Party to exercise its right in the event of any breach by the other Party shall not constitute a waiver of such rights.No Party shall be deemed to have waived any failure to perform by the other Party unless such waiver is ' wrng and signed by the other Party. Such waiver shall be limited to the terms specifically contained therein. This section shall 00716048-1 Tdxj.ve.ILAs/2016/PoHce Program Page 3 Page 543 of 754 'be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 9. Compliance with Laws. The City and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority is may be applicable. 10. Entire Agreement This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No to herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, condons or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and tete sof this Agreemenis a all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 11. Severability. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no for and effect upon the validity of any other part of portion hereof. If a court of competent jurisdiction declares any part of this Agreement unlawful or invalid, the remainder of the Agreement will continue to be binding on both Parties. 12. Governing Law and Venue. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 0071604&1 Tdrbve:1LAs/2016/Pohce Program Page 4 Page 544 of 754 13. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail,return receipt requested, couder, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until itshall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice. CM: Lon LaVemere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 CRA: 'Executive Director Boynton Beach CRA 73.0 ederal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof,Doody&Ezrol,P.A. 3099 East Commercial Boulevard, to 200 Fort Lauderdale,Florida 33308 Tara Duhy, Esquire Lewis, Longman&Walker, P.A. 515 North Flagler Drive, to 1500 West Palm Beach, Florida 33401 14. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, oratherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, ora entity without first obtaining the written consent of the other Party. 15. Interpretation. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. 0071604&1 Tdrive:ILAs/2016/Polid Program Page 5 Page 545 of 754 IN WITNESS WHEREOF, the City and CRA hereto have executed this Agreement as of the date set forth above. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By- city .Y iCl r to t, Mayor Approved as to o (SEAL) Officb(6f the Cityey BOYNTONBEACH CONEMIUNITY AGENCYREDEVELOPMENT y: Steven , Chair k 00716D4&1 T°drive:I 1 olfce Program Page 6 Page 546 of 754 FY 7 NmGHBopmow POLICING ILA EXHIBIT Page 547 of 754 { .. ... » 2 > M6 ..........................RA® § \ BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NEIGHBORHOOD OFFICER POLICING PROGRAM 2016-2017 / 101< Page 548 0 754 nman ne,DR.-C! Community policing definitions typically focus on three components that characterize many programs: some level of community involvement and consultation; decentralization, often increasing discretion to line-lovel officers, and problem solving, Because community policing is focused on Close collaboration with the community and addressing community problems, it has often been seen as an effective way to increase citizen satisfaction and enhance the legitimacy of the police and the evidence Is supportive In this regard. A major of of this proposed neighborhood officer program Is to cultivate high levels of mutual trust, understanding and rasped between police and the residents oft neighborhoods they patrol. In order to achieve this, it Is necessary that these Community Partners develop relationships which transcend the confines of ordinary communhy policing activities and Instead focuses upon building sustainable problem solving partnerships, Additionally, the building of problem.solving partnerships and substantive relationships with Invested members of the community will lead to a greater understanding of some of the challenges members of the public face and help the police department gamer unique Insights which might aid in addressing these challenges. This program helps effectively integrate police personnel into the fabric of our community. Reducing crime and disorder and Improving the quaft of life wftNn historically plighted neighborhoods rw4ulms the development of them types of productive and meaningful relationships between citizens and representatives of their local government. As the most visible and accessible municipal agency, police personnel are uniquely postured to serve as a catalyst to an amay of city services, community resources and organizations wbich can aid those in need as they work to better their circumstances and work In concert with other Community Partners to confront the challenges they identify within the community. ARynto Mt The Boynton Beach Police Department shall make all necessary efforts to achieve the following Program Goals: * Hold monthly meetings within the Hsaii of Boynton. * Establish goals with Community Partners which are SMART (Specific, Measurable, Attainable, Realistic, &Timebound) * Achieve an 80%Success rate in 80%of the goals set within FY 2016-17 program year. 2 Page 549 of 754 "rho, ftfflfon Plam-h- ach1&%VX-4_,ft _jIg Als 0LjhLAjjRt&or1hood Officer-Polkhm1mamm * The Boynton Beach CRA will provide a visible base of operations for this Program located at:404 E. Martin Luther King,Jr.Blvd, Unit A. * Police personnel assigned to this Program will be assigned within the Heart of Boynton community with a specific geographical emphasis on the east and west portions of Martin Luther King,Jr. Blvd. * Assist with public education and crime prevention within the Heart of Boynton. * Identify neighborhood specific problems and help with the coordination of other City servloes to resolve the issues. * Implement the use of an automatic license plate reader (ALPR)as an intelligence gathering platform which will be managed by the Police Department, On a quarterly boa!% the Police Department shall provide the CRA with ofte statistics fbr the Heart of Boynton area along with data gathered by the ALPR and a GIS map Identifying where crimes are occurring in the area. Police personnel assigned to this unit shall patrol. (a) on foot. (b) on bicycle, or (a) on Sagway vehicles, or (d) on golf carts. As a general rule, marked patrol vehicles should not be used unless operaWnelly necessary and approved by command personnel. Police personnel assigned to this function shall work a minimum of 40 hours a week. Thirty of these hours should be spent in the community, building relationships, collecting information and providing resources and information to resMants and business owners who seek to promote poslUve ohange within their neighborhood. Specific emphasis should be given to those actions which will contribute to the attainment of the goals established with Community Partners, The schedule for these Police personnel all not be set, established or pub]Wly posted. Their presence should be anbcipated at anytime by those who may be disrupted by their integration Into the neighborhood. Police personnel assigned to this function will be fumished with either call phones or, at emir u , volosmall accounts, which will be used to correspond with police personnel directly. CRA staff shall be provided with a list of these phone numbers and prot000l for telephone contact or dissemination of Infiormation by the C RA to the Officers assig ned to the Program. CRA staff shall be Informed of the Neighborhood Officers hours on a regular basI& The CRA shall be provided with an organizational chart of the Officers assigned to the Program listing rank, badge numbers and years of service. The CRA shall be provided a quarterly written report outlining the folly wire g- o Hours worked by the Program Officer o ® rank and badge number of Program officers who have worked the Program during the reporting period. o Activities undertaken to achieve the goals of the Program o Crime statistics for the reporting period. 3 Page 550 of 754 At e end at the second year of the Program, the Police Department shall provide written repost summarizing the goals achievedn th a crimei p and associated m . Included In the report shall be recommendationsfor Program changes r the next fiscal year. Funding r the Neighbor Officer Policing Program shall be at the discretionf the CRA Board and appropriated annually. CRA Board funding for the second year of ft Prograrn, Fiscal year 2016-17, shall be $263,000 as describedand Included herem as Attachment I of this agreement, The City and CRA shall enter into n Interlocal ent for the reimbursement Program ii i Ie and direct expensesIncurred by the City, The Policee ll invoice each quarter for dired program expenses while ft Programi operational not to exceed the approved funding. While will I e funding to support this program, operational and supervIsM control ins with the Police Department. Page 551 of 754 ATTACHMENT I }1f:1�,IAI♦ Ca gor9 tau ntity Cos#�c r Unit subiotal Notes �x�*r Sergeant Salary In ntl (Diehl) 1 $86,990.00 $86,990.00 Salary,Educatlan Incentive Sergeant ens -Pension 1 $34,22S.00 $34,225.00 Pension Sprgeant Benefits 1 $15,755.W $15,755.00 Healthcare,Dental,Vision,Rca Officer Salary&In ive(Paramore) 1 $55,210.00 $55,210.00 Salary,Education Incentive Officer BenaPenslon 1 $21,720.00 $21,720.00 Pension Officer Benefits 1 $13,335,00 $13,335. Healthcare,Dental,Vision,Fica 0.00 I Costs Total License Plate Reader Camera Mobile 1 $181000.00 $18,000.00 LPR Installation and Configuring 1 1, $1,600-00 LPR Software1 $4,600.00 $4,6W.00 1 for Liceme Pkte Rea&r Bike ck 2 $250 $5 . Two Officers(Includes Installation) Equip Taal Il Phones ServicePlan— 2 $675. $1,350. Office Supplies 1 11 $1,000.00 00 00 Office Cleaning1 $1,500.00 $1,5 Paper, ns c. isc. upplies 1 $1,000-00 $1,000.00 $125r Month Printer-Copier-Scanner 1 $500.00 $500. For Community Events , 350 Office Expenses Total ftency 776. ffu�—dget ILA Amount for FY 16-17 $ 263vjEfl NOTE.M amounts provided by Police7 t MamWer B-24-2016. TWLICINGICommunity PoliceProgram MLK%Budget FY 16-9 7VUkh I Pollce Budget-Final as revised242016 by City Page 552 of 754 I RESOLUTION NO. R16-139 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY s REDEVELOPMENT AGENCY FOR THE CRA FUNDING OF THE 7 NEIGHBORHOOD OFFICER POLICING PROGRAM FOR s FISCAL YEAR 2016-17 g $263,000 AND PROVIDING AN EFFECTIVE DATE. 10 V41EREAS, the intent of the Boynton Beach Community Redevelopment Agency 11 Neighborhood Officer Policing Programis tai prove the quality of life for area residents and 12 to increase private investment within the CRA areaknowns the Heart of Boynton; and 13 on December 7, 2015 the City Commission approved the 14 implementation of the neighborhood policing program for the of Boynton and provide 15 for CRA funding for the fiscal year 2015116 in the amount of$200,000; and 16 V4MREAS, the program began February 8, 2016 and this Interlocal Agreement will 17 continue the ftmding for this program for the period of October 1, 2016 through September 18 30, 2017; and 19 VMEREAS, the City Comn-dssion of the City of Boynton Beach, upon 2-0 recommendation of staff and the CRA Board, deems it to be in the best interests of the 21 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement 22 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 7-3 Agency regarding i of the Neighborhood Officer Policing Programfor fiscal 24 year 2016-17 in o t not to exceed $263,000. 25 NOW9 THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 2s THE CITY OF BOYNTON BEACH,FLORIDA, THAT: Page 553 of 714 27 Section 1. Each Whereas clause set forth above is true and correct and 28 incorporated ere® by this reference. 29 Section 2. The City Commission of the City of Boynton Beach, Florida does 30 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 31 Boynton Beach and the Boynton each Community Redevelopment Agency for the CRA 32 funding of the Neighborhood Officer Policing Program for fiscal year 2016-17 in an amount 33 not to exceed $263,000, a copy of said Interlocal Agreement is attached hereto as Exhibit 34 9 35 Section 3. TIM this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this / day of&6-h11W ' 2016. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor—Steven B. Grant 42 43 Vice Mayor—Mack McCray . ..... 44 45 Commissioner—Justin Katz 46 47 Commissioner—Christina L. Romelus —------- 48 1/ 49 Commissioner—Joe Casello ------------- 50 52 VOTE 53 ATTEST: 54 55 56 57 �f 4it ha Pyle. 58 CM X A Pyle, CM Clerk 59 60 61 (Corporate Seal) Page 554 of 714 ? z Slzi{t ON` BOYNT01 oil mamt5EAC {,5 RA BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY NEIGHBORHOOD OFFICER POLICING PROGRAM 2017-2018 $ 5 1 2 its R, 1 Page 555 of 754 Community Oriented Policing Defined Community policing definitions typically focus on three components that characterize many programs: some level of community involvement and consultation; decentralization, often increasing discretion to line-level officers; and problem solving. Because community policing is focused on close collaboration with the community and addressing community problems, it has often been seen as an effective way to increase citizen satisfaction and enhance the legitimacy of the police and the evidence is supportive in this regard. A major goal of this proposed neighborhood officer program is to cultivate high levels of mutual trust, understanding and respect between police and the residents of the neighborhoods they patrol. In order to achieve this, it is necessary that these community partners develop relationships which transcend the confines of ordinary community policing activities and instead focuses upon building sustainable problem solving partnerships. Additionally, the building of problem solving partnerships and substantive relationships with invested members of the community will lead to a greater understanding of some of the challenges members of the public face and help the police department garner unique insights which might aid in addressing these challenges. This program helps effectively integrate police personnel into the fabric of our community. Reducing crime and disorder and improving the quality of life within historically plighted neighborhoods requires the development of these types of productive and meaningful relationships between citizens and representatives of their local government. As the most visible and accessible municipal agency, police personnel are uniquely postured to serve as a catalyst to an array of city services, community resources and organizations which can aid those in need as they work to better their circumstances and work in concert with other community partners to confront the challenges they identify within the community. Boynton Beach Community Redevelopment "Neighborhood Officer Policing Program" The Boynton Beach Police Department shall make all necessary efforts to achieve the following Program Goals: • Hold monthly meetings within the Heart of Boynton. • Increase CSI — SmartWater®deployment in the Heart of Boynton by 20%. • Partner with the Boynton Beach Parks and Recreation Department to exercise, play, and mentor children that reside in the Heart of Boynton dubbed Sweat with a Cop and grow participation in the program by 50% in FY17/18. • Achieve an 80% success rate in 80% of the goals set within FY17/18. The Boynton Beach Police Department shall implement the following activities in order to achieve the goals of the Neighborhood Officer Policing Program • The Boynton Beach CRA will provide a visible base of operations for this Program located at: 404 E. Martin Luther King, Jr. Blvd. Unit A. 2 Page 556 of 754 • Police personnel assigned to this Program will be assigned within the Heart of Boynton community with a specific geographical emphasis on the east and west portions of Martin Luther King, Jr. Blvd. • Assist with public education and crime prevention within the Heart of Boynton. • Identify neighborhood specific problems and help with the coordination of other City services to resolve the issues. • Deploy the mobile Automated License Plate Reader (ALPR) as an intelligence gathering platform which will be managed by the Police Department for investigative purposes and to promote traffic safety. • On a quarterly basis, the Police Department shall provide the CRA with crime statistics for the Heart of Boynton, non-law enforcement sensitive ALPR data, area along with a GIS map identifying where crimes are occurring in the area. • Police personnel assigned to this unit shall patrol: (a) on foot, (b) on bicycle, or (c) on Segway vehicles, or (d) on golf carts. As a general rule, marked patrol vehicles should not be used unless operationally necessary and approved by command personnel. • Police personnel assigned to this function shall work a minimum of 40 hours a week. Thirty of these hours should be spent in the community, building relationships, collecting information and providing resources and information to residents and business owners who seek to promote positive change within their neighborhood. Specific emphasis should be given to those actions which will contribute to the attainment of the goals established with community partners. • The schedule for these Police personnel shall not be set, established or publically posted. Their presence should be anticipated at anytime by those who may be disrupted by their integration into the neighborhood. • Police personnel assigned to this function will be furnished with either cell phones or, at minimum, voicemail accounts, which will be used to correspond with police personnel directly. CRA staff shall be provided with a list of these phone numbers and protocol for telephone contact or dissemination of information by the CRA to the Officers assigned to the Program. • CRA staff shall be informed of the Neighborhood Officers hours on a regular basis. • The CRA shall be provided with an organizational chart of the Officers assigned to the Program listing rank, badge numbers and years of service. • The CRA shall be provided a quarterly written report outlining the following: o Hours worked by the Program Officer o Name, rank and badge number of Program officers who have worked the Program during the reporting period. o Activities undertaken to achieve the goals of the Program o Crime statistics for the reporting period. • At the end of the third year of the Program, the Police Department shall provide a written report summarizing the goals achieved along with a crime statistics report and associated map. Included in the report shall be recommendations for Program changes for the next fiscal year. • Funding for the Neighbor Officer Policing Program shall be at the discretion of the CRA Board and appropriated annually. 3 Page 557 of 754 • Funding for third year of the Program, October 1, 2017 — September 30, 2018 shall be paid in accordance to Exhibit A. • While the CRA will provide funding to support this program, operational and supervisory control remains with the Police Department. 4 Page 558 of 754 i ` ® i i iii i ® 1 i Cam MENNUM ategory factual ' Notes Quantity Cost per Unit Subtotal Sergeant Salary& Incentive(Diehl) 1 $ 90,500 $ 90,500 Salary, Education Incentive Sergeant Benefits-Pension 1 $ 43,000 $ 43,000 Pension Sergeant Benefits 1 $ 15,755 $ 15,755 Healthcare, Dental,Vision, Fica Officer Salary& Incentive(Paramore) 1 $ 61,250 $ 61,250 Salary, Education Incentive Officer Benefits-Pension 1 $ 29,100 $ 29,100 Pension Officer Benefits 1 $ 13,335 $ 13,335 Healthcare, Dental,Vision, Fica Officer Salary&Incentive(NEW) 1 $ 50,000 $ 50,000 Salary, Education Incentive Officer Benefits-Pension 1 $ 23,750 $ 23,750 Pension Officer Benefits 1 $ 13,335 $ 13,335 Healthcare, Dental,Vision, Fica $ 340,025 Personnel Costs Total LU Radio and Related Equipment 1 $ 2,000 $ 2,000 Bike Rack 1 $ 250 $ 250 Misc. Equipment-As needed 1 $ 2,500 $ 2,500 $ 4,750 Equipment Costs Total Cell Phones Service Plan 3 $ 675 $ 2,025 Office Supplies 1 $ 2,000 $ 2,000 Paper, Pens etc. Office Cleaning 1 $ 1,500 $ 1,500 Misc.Supplies 12 $ 125 $ 1,500 Printer-Copier-Scanner 1 $ 1,000 $ 1,000 For Community Events $ 8,025 Office Expenses Total ------------------- NIZERNMERM Im--------- Promotional/Marketing $ 7,500 Contingency $ 11,700 ILA Amount for FY 17-18 $ 372,000 NOTE:All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2017-2018 Revised by CRA to include promotional/marketing materials and additional equipment. T:\FINANCE\01 FINANCIAL OPERATIONS\Yearly Operations\Budget Files\2017-2018 Budget Files\POLICE- Neighborhood Policing Budget- FY17-18.xlsx Page 559 of 754 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE NEIGHBORHOOD OFFICER POLICING PROGRAM This FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE NEIGHBORHOOD OFFICER POLICING PROGRAM (First Amendment) is entered into by and between the City of Boynton Beach(City) and the Boynton Beach Community Redevelopment Agency(CRA) (collectively referred to as the Parties"). WHEREAS, the CRA and the City entered into the INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF THE NEIGHBORHOOD OFFICER POLICING PROGRAM (Agreement) on October 26, 2016; and WHEREAS, the Parties wish to make certain changes to the Agreement; NOW THEREFORE, in consideration of the promises contained herein and in the Agreement, the sufficiency of which both Parties hereby acknowledge: 1) Incorporation. The recitals and other information above is hereby incorporated herein as if fully set forth. 2) Additional Obligations of the CRA. In addition to the obligations in the Agreement, the CRA shall provide funding to the City in the maximum amount of Three Hundred and Seventy Two Thousand Dollars ($372,000.00), for the management of the Neighborhood Officer Policing Program under the same terms, conditions, and procedures provided for the in the Agreement. 3) Effective Date. This First Amendment shall be deemed to be effective and act to extend the term of the Agreement as of October 1, 2017. 4) Term of the Agreement. The Agreement shall automatically terminate September 30, 2018, unless earlier terminated by the parties. Nothing in this paragraph shall be construed so as to prevent the parties from extending or otherwise amending the Agreement or this First Amendment. 5) Modification of Exhibit A. Exhibit A to the Agreement shall be deleted in its entirety and substituted with Exhibit A to this First Amendment. 6) General. Except as expressly set forth in this First Amendment, the Agreement is unmodified and remains in full force and effect, and is hereby ratified and confirmed by the CRA and the City. This First Amendment any be executed in any number of counterparts, any one and all of which shall constitute the agreement of the Parties and each of which shall be deemed an original. To the extent of any conflict between the Agreement and this First Amendment, this First Amendment shall control. 00900169-1 Page 560 of 754 IN WITNESS WHEREOF, the CITY and CRA hereto have executed this Agreement as of the date set forth above. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Judith Pyle, City Clerk Steven B. Grant, Mayor Approved as to Form: (SEAL) Office of the City Attorney BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Steven B. Grant, Chair 00900169-1 Page 561 of 754 12.B. NEW BUSINESS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Mayor Grant request approval for$500 of his Community Support Funds to be donated to the Boynton Beach Garden Club. EXPLANATION OF REQUEST: Funds will be used for the purchase of plants and equipment for the Community Garden at Seacrest Blvd and NW 6th Ave. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact on City programs or services. FISCAL IMPACT: Budgeted Budgeted the Community Support Funds of$2,000 for each Commission member were approved in 2017/2018 budget. ALTERNATIVES: Do not approve request. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Other Boynton Beach Garden Club Community Support Funds Page 562 of 754 EXHIBIT "A" UNff Y SUPPORET FUNDS R E Q UES 7 FO R M Part'1-Summov ry of Flequonst(to be completed by C%. ,Clark) Dais of Request 111312-01,-1 Requested by Mayor/Commissloner: M or Steven B.Grant Amount Requested: /? &L a6 RecipienWayse: ELI Description of project program, or ac#vrI2 be funded: X1 61-t ii-Awwrtiioa K. fof furLtig, The annual appropriation of funds available to the requesting Member of the Ccmffnmon listed above W S4Cr,o " The belance of funds available f"the requesting Member of the Gornmissioti is Accordingly: !-��rhare are funds available as requested There are insuffid-ent funds availablerequ7es, C C&Clr e ity, Clerk Part lll-Wqlbtlity,�Ewduadon ublic funds will not be used to Improve private property un!.sss there is a clear pub%need, purpose and benefit The recipientipayee provides services v*hin the City �The public purpose is beneflidal to the entire community seneed by such donation Dated- By-.__ Requesting Miember of the Cit,"Commission Page 563 of 754 12.C. NEW BUSINESS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to Growing Strong Ministries, Inc. for their Thanksgiving food drive. EXPLANATION OF REQUEST: The Growing Strong Ministries is based in Palm Beach County and Haiti working to strengthening their communities by improving the life of families through education and social services. Their goal is to empower people and improve lives. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact on City programs or services. FISCAL IMPACT: Budgeted Budgeted the Community Support Funds of$2,000 for each Commission member were approved in 2017/2018 budget. ALTERNATIVES: Do not approve request. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Other Request for Community Support Funds Page 564 of 754 EXHIBITLL 77 COMMUNITY SUPPORTFUNDS REQUESTFORM Part i - Summary ( completed i Clerk) Date of Request: -/ Requested by Mayor/Commissioner: Amount Requested: $ c� Recipient/Payee: Description of project, program, or activity to be funded: Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $.. g �P 8 The balance of funds available for the requesting Member of the Commission is $ Accordingly: U,-There are funds available as requested Ek'there are insufficient funds available as requested Dated: JI / /7 By: ity Clerk Part III-Eligibility EvaI i Public funds will not be used to improve private property unless there is a clear ublic need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the entire community served by such donation Dated: By: Requesting Member of the City Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\Community_Support_Funs_Policy.2015.doc Page 565 of 754 13.A. LEGAL 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-034- FIRST READING -Adopt the Boynton Beach Administrative Amendments to the 6th Edition (2017) of the Florida Building Code. (Second reading of this ordinance will be on December 19, 2017, due to holiday publishing deadlines). EXPLANATION OF REQUEST: Based on Florida Statute 553.73 4(a) "Building Construction Standards", the state legislature has provided for local jurisdictions to modify Chapter 1 of the Florida Building Code to deal with local issues and conditions that are unique and distinctive to each jurisdiction. Accordingly the City of Boynton Beach Building Division has modified Chapter 1 of the Florida Building Code in conjunction with Palm Beach County to provide a greater consistency in the application and interpretation of the code on a county wide basis. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Apply the Florida Building Code without the Administrative Amendments tailored to the specific requirements of the City of Boynton Beach and Palm Beach County. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 566 of 754 ATTACHMENTS: Type Description Ordinance appro\Ang Boynton each D Ordinance Adminbistrative Amendments to the Florida Building Code 6th Edition Boynton each Administrative Amendments to the D Attachment 6th Edition (2017) of the Florida Building Code with Chartsdean Boynton each Administrative Amendments to the D Attachment 6th Edition (2017) of the Florida Building Code with ChartsStrikethrough Page 567 of 754 I ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA; PROVIDING FOR THE ADOPTION OF THE 5 BOYNTON BEACH ADMINISTRATIVE AMENDMENTS 6 TO THE FLORIDA BUILDING CODE 6th EDITION 7 (2017); PROVIDING FOR CONFLICTS, 8 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 9 DATE. 10 11 WHEREAS, pursuant to Chapter 553.734(a), Florida Statutes, the City Commission 12 may adopt amendments to the administrative provisions of the Florida Building Code to deal 13 with local issues and conditions that are unique and distinctive to each jurisdiction, subject to 14 the limitations in said statute; and 15 WHEREAS, the City of Boynton Beach adopted the Boynton Beach Amendments to 16 the 2010 Florida Building Code on March 6, 2012, June 4, 2013 and October 15, 2013; and 17 WHEREAS, the City Commission hereby adopts the Boynton Beach Administrative 18 Amendments to the Florida Building Code 6th Edition (2017); and 19 WHEREAS, as required by law, such amendments will be transmitted to the State 20 within 30 days after this enactment of the amendments. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing whereas clauses are true and correct and are now ratified 24 and confirmed by the City Commission. 25 Section 2. That the Boynton Beach Administrative Amendments to the Florida 26 Building Code 6th Edition (2017), are hereby amended by adopting those provisions 27 contained in Exhibit "A" which is attached hereto and incorporated herein by reference. 28 Section 3. That ordinances or parts of ordinances in conflict herewith be and the 29 same are hereby repealed, provided that in the event of a conflict with respect to the C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\849923B4-A90E-4D72-BEA3-AA0046316DFA\Boynton Beach.7713.1.BB_Admin_Admendments to_FLA Bldg_Code_6th_Ed (2017)_-_Ordinance.doc Page 568 of 754 30 administration of the building codes, existing administrative laws or rules of the City shall 31 control. 32 Section 4. Should any section or provision of this Ordinance or any portion 33 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 34 affect the remainder of this Ordinance. 35 Section 5. Authority is hereby given to codify this Ordinance. 36 Section 6. This Ordinance shall become effective immediately. 37 FIRST READING this day of , 2017. 38 SECOND, FINAL READING AND PASSAGE this day of , 2017. 39 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor— Steven B. Grant 45 46 Vice Mayor—Justin Katz 47 48 Commissioner—Mack McCray 49 50 Commissioner—Christina L. Romelus 51 52 Commissioner—Joe Casello 53 54 55 VOTE 56 ATTEST: 57 58 59 60 Judith A. Pyle, CMC 61 City Clerk 62 63 64 65 66 (Corporate Seal) 67 68 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\849923B4-A90E-4D72-BEA3-AA0046316DFA\Boynton Beach.7713.1.BB_Admin_Admendments to_FLA Bldg_Code_6th_Ed (2017)_-_Ordinance.doc Page 569 of 754 d ISS 1 pts v ;i BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the FLORIDA BUILDING CODE 6t" EDITION (2017) ORDINANCE NO. EFFECTIVE December 31, 2017 BEGINNING WITH PERMIT NO. 18-0001 City of Boynton Beach Division of Development Building Division 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 (561) 742-6350 Office (561) 742-6357 Fax This door=ument can be down oa e anti ae-at no charge-by vlsi ng the �Forms&App€icat onss'section of the Bulfdny Drvrsbn page on tae City of Boyn ton Beach website at.www.bo,yn ton-beach.or.q. 1 Page 570 of 754 PART I—SCOPE AND APPLICATION CHAPTER 1 ADMINISTRATION Table of Contents Section 101 GENERAL 3 Section 102 APPLICABILITY 5 Section 103 BUILDING DIVISION 10 Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 10 Section 105 PERMITS 13 Section 106 FLOOR AND ROOF LOADS 28 Section 107 CONSTRUCTION DOCUMENTS 29 Section 108 TEMPORARY STRUCTURES AND USES 41 Section 109 FEES 42 Section 110 INSPECTIONS 44 Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION 55 Section 112 SERVICE UTILITIES 57 Section 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 58 Section 114 VIOLATIONS 63 Section 115 STOP WORK ORDER 63 Section 116 UNSAFE STRUCTURES AND EQUIPMENT 64 Section 117 VARIANCES IN FLOOD HAZARD AREAS 67 Section 118 WIND LOADS 67 Section 119 SEVERABILITY 68 2 Page 571 of 754 SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Florida Building Code, hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height, shall comply with the Florida Building Code, Residential. 2. Code Requirements that address snow loads and earthquake protection are pervasive; they are left in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. Appendix "F," in the Florida Building Code, Plumbing Volume, has been adopted as part of this chapter. 101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a 3 Page 572 of 754 warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. Further, no employee shall be liable in tort for damage from such conditions, in accordance with Section 768.28 Florida Statutes, as may be amended or replaced. 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air- conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all matters governing the design and construction of buildings for energy efficiency. 4 Page 573 of 754 101.4.7 Existing buildings. The provisions of the Florida Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings. 101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility. 101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458, Florida Building Code. Building, and Rule 61-41 Florida Administrative Code. 101.4.10 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building Volume shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances,fixtures,fittings and appurtenances thereto. 101.4.11 Flood Damage Prevention. City of Boynton Beach Land Development Regulations (LDR) shall be considered part of the requirements of this code relative to flood control. Conflicting requirements between the Florida Building Code and Chapter 4, Article X, Flood Prevention Requirements of the LDR shall be resolved in favor of the requirement that offers the greatest degree of flood damage prevention or alternatives that would provide an equivalent degree of flood damage prevention and an equivalent method of construction. 101.5 Building Official. Whenever, the building official is mentioned in the code, it is also intended to mean the building official's designee, wherever applicable. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the sitting of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. 5 Page 574 of 754 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building Code, Existing Building. The following buildings, structures and facilities, except for those located in a Special Flood Hazard Area are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d)Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Permits shall be required for structural support and tie down, electric supply and all other such utility connections to such mobile or modular structures as required by this jurisdiction. (f)Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. (g)Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (i) Family mausoleums not exceeding 250 square feet (23 mZ) in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. 0) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (k) A building or structure having less than 1,000 square feet (93 mZ) which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1, 2011, if the building or structure: 1. Is not rented or leased or used as a principal residence; 6 Page 575 of 754 2. Is not located within the 100-year floodplain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map; and 3. Is not connected to an off-site electric power or water supply. (1) Service providers of water, sewer, storm, gas, cable, telephone, or other similar utility systems are exempt to the point of service connection for the building or structure. 102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes, facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements of the federal government. 102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: 1. The building or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection; and 6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class. 7. The requirements of Florida Building Code, Existing Building Volume, are also satisfied. 102.2.3 The building official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 7 Page 576 of 754 102.2.5 Each enforcement district shall be governed by a board, the composition of which shall be determined by the affected localities. 1. At its own option, each enforcement district or local enforcement agency may adopt rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code relating to: a. Addition, alteration, or repairs performed by the property owner upon his or her own property, provided any addition or alteration shall not exceed 1,000 square feet (93 mZ) or the square footage of the primary structure, whichever is less. b. Addition, alteration, or repairs by a non-owner within a specific cost limitation set by rule, provided the total cost shall not exceed $5,000 within any 12-month period. c. Building and inspection fees. 2. However, the exemptions under subparagraph 1 do not apply to single-family residences that are located in mapped flood hazard areas, as defined in the code, unless the enforcement district or local enforcement agency has determined that the work, which is otherwise exempt, does not constitute a substantial improvement, including the repair of substantial damage, of such single- family residences. 3. Each code exemption, as defined in sub-subparagraphs 1a, 1b, and 1c shall be certified to the local board 10 days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it. 4. However, each enforcement district or local enforcement agency may establish an alternative permitting program for replacing nonstructural components of building systems in a residential dwelling unit. A licensed contractor performing such work for the resident shall also be exempt from individual permits and inspections if either the owner or the licensed contractor obtains a valid Annual Permit per Section 105.1.1 of this code and all such work is reported as required in Section 105.1.2 of this code for compliance evaluation. No added capacity, system expansion or new building work of any type shall be excluded from individual permit and inspection by this provision. 102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or two-family dwelling. Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 8 Page 577 of 754 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section101.4, the provisions of this code or the Florida Codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard. 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Florida Building Code, Existing Building, the Florida Fire Prevention Code, and_101.4. 4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the Florida Building Code or Florida Residential Code, as applicable, for new construction or with any current permit for such occupancy. 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the Florida Fire Prevention Code, and 101.4. 4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable. 9 Page 578 of 754 (3) A relocated building shall comply with the flood hazard area requirements of the new location, if applicable. 102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code except during reroofing when the equipment is being replaced or moved during reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof-mounted mechanical units. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 DIVISION OF BUILDING SAFETY 103.1 Creation of enforcement agency. The Division of Building Safety is hereby created and the official in charge thereof shall be known as the building official or Building Code Administrator. 103.2 Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners and other employees. Such employees shall have powers as delegated by the building official. For the maintenance of existing properties, see 101.4.4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 103.4 Restrictions on employees. (Reserved). SECTION 104 DUTIES AND POWERS OF THE-BUILDING OFFICIAL 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and 10 Page 579 of 754 structures, and service systems, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the building official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the building official shall require the building to meet the requirements of Section 1612 and Section R322. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 104.6.2 When the building official obtains a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the building official for the purpose of inspection and examination pursuant to this code. 104.7 Division of_records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. 11 Page 580 of 754 Such records shall be retained in the official records for the period required for retention of public records per FS 119. 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee or board member because of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or employee or board member_of an act performed by that officer or employee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use of used materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved by the building official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the division of building safety. 104.10.1 Flood hazard areas. The building official shall coordinate with the floodplain administrator to review requests submitted to the building official that seek approval to modify the strict application of the flood resistant construction requirements of the Florida Building Code to determine whether such requests require the granting of a variance pursuant to Section 117. 12 Page 581 of 754 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness,fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the building official shall respond in writing, stating the reasons why the alternative was not approved. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. 104.12 Requirements not covered by code. Any requirements necessary for strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or other technical codes, shall be determined by the building official. SECTION 105 PERMITS 105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing, fire protection system, or accessible or flood resistant site element, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical or plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be 13 Page 582 of 754 assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual Facility permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. The building official is authorized to revoke such permit, if code violations are found to exist. 105.1.3 Food permit. In accordance with 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool.The local enforcing agency may not issue a building permit to construct, develop, or modify a public swimming pool without proof of application, whether complete or incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes. A certificate of completion or occupancy may not be issued until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with Chapter 553, Florida Statutes. The local enforcing agency may confer with the Department of Health, if necessary, but may not delay the building permit application review while awaiting comment from the Department of Health. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under this section do not relieve the owner or contractor from their duty to comply with applicable provisions of the Florida Building Code, and requirements of the local floodplain management ordinance. As determined by the building official, permits shall not be required for the following: Building: 1. Building permits are not required for replacement or repair work having a value of less than $1,000.00, providing, however, that such work will not adversely affect the structural integrity, fire rating, exit access or egress requirements. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work, with no electrical or plumbing work. 3. Temporary motion picture, television and theater sets and scenery. 14 Page 583 of 754 4. Traditional swings and other standard playground equipment accessory to detached one- and two-family dwellings, but they may be subject to Zoning permits. 5. Retractable awnings supported by an exterior wall and do not require additional support of Groups R-3 and U occupancies, but they may be subject to Zoning permits. 6. In the case of roofing repairs, a permit may not be required for work having a value of less than $500, unless such work effects the structural integrity of the roof. 7. The installation of one (1) accessory building (tool shed, etc.) per single family residence/lot, with the accessory building having a size less than or equal to 100 square feet. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 15 Page 584 of 754 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower(746 W) or less. 8. The installation, replacement, removal or metering of any electrical load management control device where installed by a utility service provider. Plumbing: 1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. The replacement of common household plumbing fixtures to existing supply lines and outlets in 1&2 Family Dwellings. This does not include water heaters, bathtubs, or showers. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. Notification shall be given to the building official, including the work address, nature of emergency, and scope of work immediately, or by the next business day. 105.2.2. Minor repairs. Ordinary minor repairs may be made with the approval of the building official without a permit, provided the repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 16 Page 585 of 754 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the division of building Safety for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. Effective October 1, 2017, a local enforcement agency shall post each type of building permit application on its website. Completed applications must be able to be submitted electronically to the appropriate division of building safety. Accepted methods of electronic submission include, but are not limited to, e- mail submission of applications in portable document format or submission of applications through an electronic fill-in form available on the division of building safety's website or through a third-party submission management software. Payments, attachments, or drawings required as part of the permit application may be submitted in person in a non-electronic format, at the discretion of the building official. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefore. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the building official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, Florida college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges, and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $125,000. 17 Page 586 of 754 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Heating, ventilation, and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or more persons or for which the system costs more than $125,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one, two, three or four-family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of$125,000 or less; and when a 15-ton-per system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1: When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. Example 2: Consider a small single-story office building which consists of six individual offices where each office has a single three-ton package air conditioning heat pump. The six heat pumps are connected to a single water cooling tower. The cost of the entire heating, ventilation and air-conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 4. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. 5. Electrical documents. (See Florida Statutes, Section 471.003(2)(h)). Any electrical or plumbing or air conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. Any system which: 18 Page 587 of 754 1. Requires an electrical or plumbing or air-conditioning and refrigeration system with a value greater than $125,000; and 2.a. Requires an aggregate service capacity of greater than 600 amperes (240 volts) on a residential electrical system or greater than 800 amperes (240 volts) on a commercial or industrial electrical system; b. Requires a plumbing system with more than 250 fixture units; or c. Requires a heating, ventilation, and air-conditioning system which exceeds a 15-ton- per-system capacity, or if the project is designed to accommodate more than 100 persons. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 6. All public swimming pools and public bathing places defined by and regulated under Chapter 514, Florida Statutes 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing, or for any 180 day period of abandonment or suspension during the application process, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing prior to the abandonment date, with justifiable cause demonstrated. Abandoned applications shall be subject to destruction in accordance with state law. The fee for renewal, re-issuance, and extension of a permit application shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit application extensions and renewals. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, such as the requirement for Home or Property Owners Association approval, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working days of application therefore unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws or ordinances. 19 Page 588 of 754 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as a condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 440.38, Florida Statutes. 105.3.6 Asbestos removal contractor exemption. Refer to Section 105.9 for additional requirements. A licensed asbestos removal contractor is not required when moving, removal or disposal of asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition, provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit, specifically, without limitation, date of execution, building owner or dealer, and anticipated date of completion. However, the construction activity must commence within 6 months of the contract's execution. The contract is subject to verification by the Department of Business and Professional Regulation. 105.3.8 Public right of way. A permit shall not be given by the building official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has received a right of way permit from the authority having jurisdiction over the street, alley or public lane 20 Page 589 of 754 105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of any other federal, state and local laws, ordinances, codes and regulations. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of any other federal, state and local laws, ordinances, codes and regulations shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction or of any other federal, state and local laws, ordinances, codes and regulations. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit, or revalidation (renewal) of the original permit, is not obtained within 180 days from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process, or due to action by an environmental or archeological agency having jurisdiction. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 3 months each. The extension shall be requested in writing and justifiable cause demonstrated, prior to expiration. 105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit extensions and renewals. 21 Page 590 of 754 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The permit holder and property owner shall be responsible to either: (1) Complete the work: renew the permit, if applicable, or obtain a new permit to complete all work in accordance with the permitted plans and inspection or (2) Remove the work: renew the permit and revise the plans, if applicable, or obtain a new permit to remove any partially completed work in a safe and code compliant manner. Any work not removed shall be subject to the penalties for unpermitted work. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated as determined by the building official. 105.5.1 The building official is authorized to reject new permit applications from a contractor who holds more than (1) expired or inactive permits. 105.5.1.1 For the purposes of this subsection, a closed permit shall mean a permit for which all requirements for completion have been satisfied or a permit that has been administratively closed by the building official. 105.5.1.2 For the purposes of this subsection, an open permit shall mean a permit that has not satisfied all requirements for completion as defined in 105.5.1.1. 105.5.2 The building official is authorized to administratively close expired or inactive trade permits after (10) years of expiration when no safety hazard exists and no code violations have been previously identified. 105.5.3 Closing out or resolving open or expired permits shall be the responsibility of the permit applicant and the property owner. Failure to close out or resolve open permits may be reported to the proper authority by the building official. 105.6 Denial or revocation. Whenever a permit required under this section is denied or revoked because the plan, or the construction, erection, alteration, modification, repair, or demolition of a building, is found by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit applicant. 105.6.1 Misrepresentation of application. The building official may revoke a permit or approval, issued under the provisions of this code, when there has been any false statement or 22 Page 591 of 754 misrepresentation as to the material fact in the application or plans on which the permit or approval was based. 105.6.2 Violation of code provisions. The building official may require correction or revoke the permit upon determination by the building official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement. In accordance with Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 14-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. Refer to Section 105.3.6 "Asbestos Removal Contractor Exemption" of this code for additional requirements. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document requirements. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon written request and approval of the building official, the scope of work delineated in the building permit application and plan may be started prior to 23 Page 592 of 754 the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. 105.13 Phased permit approval. After submittal of the appropriate construction documents, the building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. 105.14 Permit issued on basis of an affidavit. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the building official. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official (See also Section 107.6). Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance requirements of the Florida Building Code. 105.15 Opening protection. When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single-family detached residential structure that is located in the wind borne debris region as defined in this Code and that has an insured value of $750,000 or more, or, if the site built single-family detached residential structure is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of $750,000 or more; opening protections as required within this Code or Florida Building Code, Residential for new construction shall be provided. Exception: Single family residential structures permitted subject to the Florida Building Code are not required to comply with this section. 24 Page 593 of 754 105.16 Inspection of existing residential building not impacted by construction. (a) A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one- or two-family residential building permit the inspection of any portion of a building, structure, or real property that is not directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought. (b) This subsection does not apply to a building permit sought for: 1. A substantial improvement as defined in Section 161.54, Florida Statutes or as defined in the Florida Building Code. 2. A change of occupancy as defined in the Florida Building Code. 3. A conversion from residential to nonresidential or mixed use pursuant to Section 553.507(2)(a), Florida Statutes or as defined in the Florida Building Code. 4. A historic building as defined in the Florida Building Code. (c) This subsection does not prohibit a local enforcing agency, or any local building code administrator, inspector, or other official or entity, from: 1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection conducted in accordance with the prohibition in paragraph (a). 2. Inspecting a physically nonadjacent portion of a building, structure, or real property that is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph (a). 3. Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building, structure, or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph (a). 4. Inspecting any portion of a building, structure, or real property pursuant to an inspection warrant issued in accordance with Sections 933.20-933.30, Florida Statutes. 105.17 Streamlined low-voltage alarm system installation permitting. (1) As used in this section, the term: (a) "Contractor" means a person who is qualified to engage in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the department under part II of chapter 489. 25 Page 594 of 754 (b) "Low-voltage alarm system project" means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in s. 489.505, that is hardwired and operating at low voltage, as defined in the National Electrical Code Standard 70, Current Edition, or a new or existing low-voltage electric fence, and ancillary components or equipment attached to such a system or fence, including, but not limited to, home-automation equipment, thermostats, closed-circuit television systems, access controls, battery recharging devices, and video cameras. (c) "Low-voltage electric fence" means an alarm system, as defined in s. 489.505, that consists of a fence structure and an energizer powered by a commercial storage battery not exceeding 12 volts which produces an electric charge upon contact with the fence structure. (d) "Wireless alarm system" means a burglar alarm system or smoke detector that is not hardwired. (2) Notwithstanding any provision of law, this section applies to all low-voltage alarm system projects for which a permit is required by a local enforcement agency. However, a permit is not required to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary components or equipment attached to the system. (3) A low-voltage electric fence must meet all of the following requirements to be permitted as a low- voltage alarm system project, and no further permit shall be required for the low-voltage alarm system project other than as provided in this section: (a) The electric charge produced by the fence upon contact must not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electrotechnical Commission Standard No. 60335-2-76, Current Edition. (b) A nonelectric fence or wall must completely enclose the low-voltage electric fence. The low-voltage electric fence may be up to 2 feet higher than the perimeter nonelectric fence or wall. (c) The low-voltage electric fence must be identified using warning signs attached to the fence at intervals of not more than 60 feet. (d) The low-voltage electric fence shall not be installed in an area zoned exclusively for single-family or multi-family residential use. (e) The low-voltage electric fence shall not enclose the portions of a property which are used for residential purposes. (4) This section does not apply to the installation or replacement of a fire alarm if a plan review is required. (5) A local enforcement agency shall make uniform basic permit labels available for purchase by a contractor to be used for the installation or replacement of a new or existing alarm system at a cost of not more than $40 per label per project per unit. The local enforcement agency may not require the 26 Page 595 of 754 payment of any additional fees, charges, or expenses associated with the installation or replacement of a new or existing alarm system. (a) A local enforcement agency may not require a contractor, as a condition of purchasing a label, to submit any information other than identification information of the licensee and proof of registration or certification as a contractor. (b) A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the local enforcement agency that issued the label. A contractor may purchase labels in bulk for one or more unspecified current or future projects. (6) A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low-voltage alarm system project site before commencing work on the project. (7) A contractor is not required to notify the local enforcement agency before commencing work on a low-voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low- Voltage Alarm System Project as provided under subsection (8) to the local enforcement agency within 14 days after completing the project. A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System Project. (8) The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative of such persons. The Uniform Notice of a Low-Voltage Alarm System Project must contain the following information: UNIFORM NOTICE OF A LOW-VOLTAGE ALARM SYSTEM PROJECT Owner's or Customer's Name Owner's or Customer's Address City State Zip Phone Number E-mail Address Contractor's Name Contractor's Address 27 Page 596 of 754 City State Zip Phone Number Contractor's License Number Date Project Completed Scope of Work Notice is hereby given that a low-voltage alarm system project has been completed at the address specified above. I certify that all of the foregoing information is true and accurate. (Signature of Owner, Tenant, Contractor, or Authorized Representative) (9) A local enforcement agency may coordinate directly with the owner or customer to inspect a low- voltage alarm system project to ensure compliance with applicable codes and standards. If a low-voltage alarm system project fails an inspection, the contractor must take corrective action as necessary to pass inspection. (10) A municipality, county, district, or other entity of local government may not adopt or maintain in effect any ordinance or rule regarding a low-voltage alarm system project that is inconsistent with this section. (11) A uniform basic permit label shall not be required for the subsequent maintenance, inspection, or service of an alarm system that was permitted in accordance with this section. The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in accordance with the applicable provisions of chapter 489, Florida Statutes. SECTION 106 FLOOR AND ROOF DESIGN LOADS 106.1 Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 psf (2.40 kN/m2), such design live loads shall be conspicuously posted by the owner or the owner's authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy. A certificate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof of a building, structure or portion thereof, a load greater than is permitted by this code. 28 Page 597 of 754 SECTION 107 SUBMITTAL DOCUMENTS 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by Chapter 471, Florida Statutes & 61G15 Florida Administrative Code or Chapter 481, Florida Statutes & 61G1 Florida Administrative Code. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Electronic media documents shall be submitted when required by the building official, in a format acceptable to the building official, and may require only one set of submittals. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. If the design professional is an architect, interior designer, or engineer legally registered under the laws of this state regulating the practice of architecture or interior design as provided for in Chapter 481, Florida Statutes, Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, or engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official seal to said drawings, specifications and accompanying data, as required by Florida Statute. 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.6. 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. 107.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a 29 Page 598 of 754 statement by an architect or engineer certifying suitability for the specific site must be submitted with the construction documents. 107.2.1.2 Additional data. The building official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their official seal, signature and date as state law requires. 107.2.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper, cloth or other acceptable medium. The building official may establish, through Departmental policy, other standards for plans and specifications, including electronic format, in order to provide conformity to its electronic permit review and record retention program. This policy may include such things as minimum size, shape, contrast, clarity, or other items related to records management. Electronic media must be compatible with the archive requirements of Florida Statutes. 107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it 30 Page 599 of 754 shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1. 107.2.5.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the form of an electronic copy at the worksite. These plans must be open to inspection by the building official or a duly authorized representative, as required by the Florida Building Code. 107.2.6 Structural information. The construction documents shall provide the information specified in Section 1603. 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to FAC 61-41.009, Florida Administrative Code, shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2. Industrial construction on sites where design, construction and fire safety are supervised by appropriately licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval by the building official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 107.3.1 Approval of construction documents. When the building official issues a permit, the construction document shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 31 Page 600 of 754 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. 107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner or the owner's authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner's authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner's authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Those products which are regulated by FAC Rule 61G20 shall be reviewed and approved in writing by the designer of record prior to submittal for jurisdictional approval. 107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. 107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person 32 Page 601 of 754 licensed under Chapter 471, Florida Statutes, or Chapter 481 Florida Statutes, by local enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one-and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes. 107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the building official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior elevations: Commercial Buildings: Building 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve (PIV) Set back/separation (assumed property lines) Location of specific tanks, water lines and sewer lines Flood hazard areas, flood zones, and design flood elevations 2. Occupancy group and special occupancy requirements shall be determined (with cross check with the energy code submittal). 3. Minimum type of construction shall be determined (see Table 503). 4. Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draftstopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems 33 Page 602 of 754 Riser diagram 6. Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic 7. Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8. Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope Impact resistant coverings or systems Structural calculations (if required) Foundation Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, flood damage-resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9. Materials shall be reviewed and shall at a minimum include the following: Wood Steel 34 Page 603 of 754 Aluminum Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofing Insulation Building envelope portions of the Energy Code (including calculation and mandatory requirements) 10. Accessibility requirements shall include the following: Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11. Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation (including corresponding portion of the energy code) Sanitation 12. Special systems: Elevators Escalators Lifts 13. Swimming pools: Barrier requirements Spas Wading pools 14. Location and installation details. The specific location and installation details of each fire door, fire damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans by the designer. Electrical 35 Page 604 of 754 1. Electrical: Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCIs Electrical portions of the Energy Code (including calculation and mandatory requirements) 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 8. Design flood elevation Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 36 Page 605 of 754 10. Location of water supply line 11. Grease traps 12. Environmental requirements 13. Plumbing riser 14. Design flood elevation 15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements) Mechanical 1. Mechanical portions of the Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof-mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10. Chimneys, fireplaces and vents 11. Appliances 12. Boilers 13. Refrigeration 37 Page 606 of 754 14. Bathroom ventilation 15. Laboratory 16. Design flood elevation Gas 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 10. Design flood elevation 11. Gas portions of the Energy Code (including calculation and mandatory requirements) Demolition 1. Asbestos removal Residential (one- and two-family): 1. Site requirements: Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Smoke detector locations 4. Egress Egress window size and location stairs construction requirements 38 Page 607 of 754 5. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials, connector tables, and structural calculations (if required) Termite protection Design loads Wind requirements Building envelope Foundation Wall systems Floor systems Roof systems Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment, and flood damage-resistant materials 6. Accessibility requirements: show/identify accessible bath 7. Impact resistant coverings or systems 8. Residential Energy Code submittal (including calculation and mandatory requirements) 9. Electrical: Electric service riser with wire sizes, conduit detail and grounding detail Complete load calculations, Panel schedules 10. Mechanical: Equipment and location, Duct systems 11. Plumbing: Plumbing riser 12. Gas: Gas piping Venting Combustion air Chimneys and vents Appliances 39 Page 608 of 754 Type of gas Fireplaces LP tank location Riser diagram/shutoffs 13. Energy Calculations 14. Swimming Pools Barrier requirements Spas Wading pools Manufactured buildings/housing- 1. Site requirements Setback/separation (assumed property lines) Location of septic tanks (if applicable) 2. Structural Wind zone Anchoring Blocking 3. Plumbing List potable water source and meter size (if applicable) 4. Mechanical Exhaust systems Clothes dryer exhaust Kitchen equipment exhaust 5. Electrical exterior disconnect location Exemptions. Plans examination by the building official shall not be required for the following work: 1. Replacing existing equipment such as mechanical units, water heaters, etc.; 2. Reroofs (as determined by local jurisdiction); 3. Minor electrical, plumbing and mechanical repairs; 4. Annual maintenance permits; 40 Page 609 of 754 5. Prototype plans: Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver; or 6. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed above in manufactured buildings/housing. 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. 107.6 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official (See also Section 105.14). 107.6.1 Building permits issued on the basis of an affidavit in special flood hazard areas. Pursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Parts 59 and 60), the authority granted to the building official to issue permits, to rely on inspections, and to accept plans and construction documents on the basis of affidavits and plans submitted pursuant to Sections 105.14 and 107.6, shall not extend to the flood load and flood resistance construction requirements of the Florida Building Code. SECTION 108 TEMPORARY STRUCTURES AND USES 41 Page 610 of 754 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70. 108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure to be removed or use to be discontinued. SECTION 109 FEES 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 109.1.1 Other fees. A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees, water and sewer capital facility fees, City Park & Recreation fees, Fire Division fees, City Green Building Fee, Palm Beach County Impact fees and State of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Division fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances. The City Green Building fee is established in the City of Boynton Beach Code Land Development Regulations Chapter 2, Article 1, Section 5. The city may elect to collect Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public Places fee (30% of the total Art fee) is due prior to permit issuance. 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 109.2.1 Types of Fees Enumerated. Fees may be charged for but not limited to the following: • Permits; • Plans examination; 42 Page 611 of 754 • Certificates of competency (including fees for applications, examinations, renewal, late renewal, and reciprocity); • Re-inspections; • Administrative fees (including fees for investigative and legal costs incurred in the context of certain disciplinary cases heard by the board); • Variance requests; • Administrative appeals; • Violations; and • Other fees as established by local resolution or ordinance. 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. 109.3.1 Exemptions. Manufacturing Equipment: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than $10,000 dollars if the following criteria are met: 1. Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece of equipment to be exempted. 2. Equipment must be purchased directly by the owner. 3. Equipment cannot not be an integral part of the building, building envelope, building system, and/or essential to the operation of the building. 4. The nature of equipment shall be that if a business was to cease to exist or relocate the equipment would be easily removed from the building. Note: All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject to permit fees. 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits or 43 Page 612 of 754 without prior approval from the building official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established by the building official that shall be in addition to the required permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within one (1) business day and any unreasonable delay in obtaining those permit(s) shall result in the charge of a quadruple fee. The payment of a quadruple fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The building official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing. 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 109.6 Refunds. All permit fees under this section are non-refundable and non-transferable. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain accessible and exposed for inspection purposes. The building official shall be permitted to require a boundary line survey prepared by a qualified surveyor whenever the boundary lines cannot be readily determined in the field. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.1.1 Manufacturers and fabricators. When deemed necessary by the building official, he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 110.1.2 Inspection service. The building official may make, or cause to be made, the inspections required by Section 110. He or she may accept reports of division inspectors, independent inspectors or of recognized inspection services, provided that after investigation he/she is satisfied as to their licensure, qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are recorded by the building code inspector or the architect or engineer performing building code inspections in a manner specified by the building official. The building official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468 Florida Statues. 44 Page 613 of 754 The building official may require the owner to employ an inspection service in the following instances: 1. For buildings or additions of Type I construction; 2. For all major structural alterations; 3. Where the concrete design is based on compressive strength in excess of 3000 pounds per square inch; 4. For pile driving; 5. For buildings with an area greater than 20,000 square feet; 6. For buildings more than two stories in height; or 7. For buildings and structures of unusual design or methods of construction. Such inspectors shall be present when work is underway on the structural elements-of the building to adequately attest to its compliance. Such inspectors shall be a®registered architect, or engineer. An employee of the architect or engineer licensed®under Chapter 468, Part XII, Florida Statutes may perform the inspections, under the direction of and with final certification from the architect or engineer. Such inspectors shall submit weekly progress reports including the daily inspections to the building official, and including a code compliance opinion of the resident inspector. At the completion of the construction work or project, the architect or engineer shall submit a certificate of compliance to the building official, stating that the work was-done in compliance with this code and in accordance with the permitted drawing._Final inspection shall be made by the building official before a Certificate of_Occupancy or Certificate of Completion is issued; and confirmation inspections maybe made at any time to monitor activities and resident inspectors. 110.1.3 Affidavit for inspection. With specific prior approval of, and in a format_acceptable to the building official, an affidavit for certification of inspection may be_accepted from the permit qualifier; when accompanied by extensive photographic_evidence of sufficient detail to demonstrate code compliance. The photographicevidence shall be comprehensive in the display of the installation and/or construction_and job location identifiers. The affidavit and accompanying photographs shall be_provided to the inspector onsite, at the next scheduled inspection. If the photographs_are found to be insufficient by the building official to demonstrate compliance with thiscode and/or the permitted document, or clearly display location identifiers, or are_missing, the inspector shall require the contractor to obtain the services of a Registered Florida Professional Engineer to inspect and certify the installation and/or construction. 45 Page 614 of 754 110.1.3.1 Exception: Affidavits may not be accepted for inspection of—elements of construction which require inspection by the local jurisdiction_under the requirements of 44CFR59 and 44CFR60 and the local flood damage prevention ordinance. 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Existing building inspections. Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He/she may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. He/she shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in Florida Building Code, Existing Building Volume, may apply. 110.3 Required inspections. The building official upon notification from the permit holder or his or her agent shall make the following inspections, and such other inspections as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. A. Building 1. Foundation inspection. To be made after trenches are excavated, forms erected, and required reinforcing steel is in place, . The Foundation inspection shall at a minimum include the following building components: • Stem-wall • Monolithic slab-on-grade • Piling and pile caps • Footings/grade beams 1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for 46 Page 615 of 754 review by the building inspector. In lieu of providing a survey, the contractor may elect to uncover all property line markers and string-up all property lines in preparation for inspection. At contractors own risk. 1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction, the elevation certification shall be submitted to the Authority having Jurisdiction. Any locations Outside of the flood hazard area the contractor shall meet the minimum requirements for Habitable Finish Floor above the crown of the road per Chapter 4, Article X, Flood Prevention Requirements of the LDR. 2. Construction Inspections 2.1 Lintel/tie beams/columns/masonry units. To be made after masonry units, forms, reinforcing steel, shoring, conduit, piping accessories, and other ancillary equipment items are in place, but before any concrete is placed. 2.2 Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: • Roof sheathing • Wall sheathing • Floor sheathing • Sheathing fasteners • Roof/wall dry-in. • Gypsum board, as required • Sheathing/cladding inspection NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and corrected prior to installation of the dry-in material. Exception: ring shank nails shall be bent over and a new fastener installed. 2.3 Framing inspection. To be made after the roof deck or sheathing, all framing, fireblocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: • Window/door framing and installation. Verify rough opening dimensions are within tolerances, buck and attachments. • Lintel/tie beams complete, if applicable. • Framing/trusses/bracing/connectors (including truss layout drawings) • Draft stopping/fire blocking • Curtain wall framing 47 Page 616 of 754 • Fire resistant assemblies, joints and penetrations, as required • Accessibility. 3. Roofing inspection. Shall at a minimum include the following building components: • Dry-in • Insulation • Roof coverings (including in-progress) • Flashing 4. Energy insulation, thermal and ignition barriers 5. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire-resistance- rated assembly or a shear assembly, unless otherwise determined by the building official. 6. Final inspection.To be made after the building, including all sub-trade inspections, are completed and ready for occupancy. 6.1. Elevation Certificate. As part of the final inspection, an elevation certificate shall be submitted to the authority having jurisdiction. 6.2. A final survey prepared and certified by a registered surveyor may be required at time of final inspection when applicable. 7. Swimming pool inspection. • First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete shell. • Underground electric inspection • Underground piping inspection including a pressure test • Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in placed. • Final electric inspection to be made prior to filling the swimming pool with water. • Final permanent barrier inspection to be made prior to filling the swimming pool with water. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. • Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. 48 Page 617 of 754 • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 454.2.17 of this code. 8. Demolition inspections. • First inspection to be made after all utility connections have been disconnected and secured in such manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. • Final inspection to be made after all demolition work is completed. 9. Manufactured building inspections. The division of building safety shall inspect construction of foundations; connecting buildings to foundations; installation of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities (see Section 423.27.20 of this code). 10. Where impact-resistant coverings or impact resistant systems are installed, the building official shall schedule adequate inspections of impact-resistant coverings or impact resistant systems to determine the following: • The system indicated on the plans was installed. • The system is installed in accordance with the manufacturer's installation instructions and the product approval. Electrical 1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Low Voltage: To be made for security, alarm, elevator, and special uses. 4. Final inspection. To be made after the building electrical system is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. 5. Existing Swimming Pools. To be made after all repairs or alterations are complete, all required electrical equipment, GFCI protection, and equipotential bonding are in place on said alterations or repairs. Plumbing 49 Page 618 of 754 1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. -includes plumbing provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building plumbing system is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section 312 of the Florida Building Code, Plumbing for required tests. Mechanical 1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. -includes mechanical provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building mechanical system is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. Gas 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. -includes gas provisions of the energy code and approved calculations provisions. 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all 50 Page 619 of 754 the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris 1.The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles during the course of the construction project and prior to receiving final inspection approval. Construction job sites must be kept clean and in a safe condition at all times. 2.All debris shall be kept in such a manner as to prevent it from being spread by any means. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification shall be submitted to the building official. 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. 110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly. 110.3.6 Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance rated assemblies, smoke barriers and smoke partition shall not be concealed from view until inspected and approved. 110.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with FBC, Energy Conservation and-confirm with the approved energy code submittal (by appropriate trade) 51 Page 620 of 754 and corresponding mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope insulation R- and U-values, fenestration U-value and Solar Heat Gain Coefficient, duct system R-value, and HVAC, lighting, electrical and water-heating equipment efficiency. 110.3.8 Other inspections. In addition to the inspections specified in Sections 110.3 through 110.3.7, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the division of building safety. 110.3.9 Special inspections. Reserved. 110.3.10 Inspections prior to issuance of Certificate of Occupancy or Completion. The building official shall inspect or cause to be inspected, at various intervals, all construction or work for which a permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or plumbing system upon completion, prior to the issuance of the Certificate of Occupancy or Certificate of Completion. In performing inspections, the building official or designee shall give first priority to inspections of the construction, addition, or renovation to, any facilities owned or controlled by a state university, state community college or public school district. 110.3.11 Final inspection. The final inspection shall be made after all work required by the building permit(s) is completed. 110.3.10.1 Flood hazard documentation. If located in a flood hazard area, shall be submitted to the building official prior to the final inspection. 110.3.10.2 Energy Code documentation. If required by energy code path submittal, confirmation that commissioning result requirements have been received by building owner. 110.3.11 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.7, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the building official has been received. 110.3.12 Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to meet requirements of this code, the building official shall schedule adequate inspections of impact resistant coverings or systems to determine the following: 1. The system indicated on the plans was installed. 2. The system is installed in accordance with the manufacturer's installation instructions and the product approval. 52 Page 621 of 754 110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. 110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, prior to any required mandatory inspections by the threshold building inspector. 110.8 Threshold building. 110.8.1 The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the building official, the architect, or the engineer of record. The contractor's contractual or statutory obligations are not relieved by any action of the special inspector. 110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification, or number-of-stories criteria which would result in classification as a threshold building under Section 553.71(7), Florida Statutes, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. 110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an architect. 53 Page 622 of 754 110.8.4 Each enforcement agency shall require that, on every threshold building: 110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief, the above described construction of all structural load-bearing components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency." 110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. 110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this Section and Chapter 633, Florida Statutes. 110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a licensed building contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 110.8.6 The division of building safety may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the division of building safety. The building official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code. 110.9 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner. This includes, but is not limited to, the control of dust, noise, water or drainage run-offs, debris, and the storage of construction 54 Page 623 of 754 materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new residential development, including additions, pools, patios, driveways, decks or similar items, on existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed professional, as appropriate under Florida law, shall be submitted to the inspector in order to receive approval of the final inspection. 110.10 Storm Shutter Placement during Hurricane Season. 110.10.1 After the termination of such periods of time that had been designated by the National Weather Service as being a hurricane watch or warning, hurricane protective devices installed on occupied buildings which impede required egress or required light and ventilation shall be removed within 15 days. SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2. 111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the division of building safety, the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner or the owner's authorized agent. 4. A description of that portion of the structure for which the certificate is issued. 55 Page 624 of 754 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction 7. The name of the building official. 8. The edition of the code under which the permit was issued. 9. The use and occupancy, in accordance with the provisions of Chapter 3. 10.The type of construction as defined in Chapter 6. 11.The design occupant load. 12. If an automatic sprinkler system is provided, whether the sprinkler system is required. 13. Any special stipulations and conditions of the building permit. 111.3 Temporary/partial occupancy. A temporary/partial Certificate of Occupancy or Certificate of Completion may be issued for a portion or portions of a building that may safely be occupied prior to final completion of the building. The building official may require, once all life safety issues have been complied with, an applicant to provide adequate cash surety for unfinished work or revision of plans until a permanent Certificate of Occupancy or Certificate of Completion is granted. The purpose of the cash surety is to insure completion of work under this permit. Such cash surety shall be equal to one hundred ten percent (110%) of the estimated value of the remaining work, including labor and material, as determined by the design professional. The design professional shall submit a signed and sealed document attesting to the amount required to cover the cash surety. If work has not been completed and all finals requested within 90 days of issuance of the initial Temporary/Partial Certificate of Occupancy or Certificate of Completion, the building official retains the right to have the applicant surrender the cash surety. The building official then may use the surety to finish the remaining work. The surety shall be in the form of cash money, certified check, or cashiers check. The surety shall be returned upon approval of all final inspections and upon written request that has been approved by the building official. This provision is only for the Florida Building Code, all other Agency approvals necessary for construction must be secured prior to this provision being applied. 111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or 56 Page 625 of 754 structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 111.5 Certificate of Completion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance of a Certificate of Occupancy. 111.6 Fixturing and Stocking. The building official is authorized to issue approval for fixturing, stocking, training, or decorating, when appropriate, to allow the builder to prepare the structure for permanent occupancy. The building may not be open to the general public or be used for the transaction of any commerce. Such approval must be conditioned upon the approval of the Fire Marshal, when applicable. 111.7 Digital Submittal Requirements for New Construction. 111.7.1 Building Footprints. The building official is authorized to require the submittal of digital shape (CAD) files, in a specific format, depicting a geo-referenced footprint with elevation for all new structures as a condition of the issuance of a Certificate of Occupancy. 111.7.2 Subdivision Topography. The building official is authorized to require the submittal of electronic topographical data for all new subdivisions over five acres or five lots for the purposes of updating and maintaining the community's flood maps. SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. 57 Page 626 of 754 SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 113.1 Appointment. There is hereby established a board to be called the Building Board of Adjustment and Appeals, which shall consist of seven members and two alternates. The applicable governing body shall appoint the Board. 113.2 Membership and Terms. 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include, to the greatest extent possible, an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he or she has a personal or financial interest. 113.2.2.1 Terms. The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. 113.2.2.2. Removal from office. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three (3) consecutive meetings or a failure to attend more than one-half of the meetings scheduled during a calendar year. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this provision shall not continue to serve on the board and such removal shall create a vacancy. 113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the building official, not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote. 58 Page 627 of 754 113.2.4 Secretary of board. The building official or his/her authorized representative shall act as secretary of the board and shall make a record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 113.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in 113.4 of this code, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. 113.4 Appeals. 113.4.1 Decision of the building official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the building official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 1. 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. 2. The provisions of this code do not apply to this specific case. 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. 113.4.2 Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so appealed to and after a hearing, 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 spirit and purpose of this or the technical codes or public interest, and also finds all of the following: 59 Page 628 of 754 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 variance 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 variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. 113.4.4 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, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period. 113.5 Procedures of the board. 60 Page 629 of 754 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman, subsequent to a request to call a meeting by the secretary. The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the chairman, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The Board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida, in which case, said evidence shall be signed, sealed, and dated. 113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or question, any witness before the Board. Any member of the Board, the petitioner or his/her attorney, and/or the building official shall be permitted to inquire of any witness before the Board. The Board may consider testimony presented by the building official, the petitioner, or any other witness. 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. 113.6 Local Construction Regulation Board. The local government may also utilize this Board to convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if the LCRB has found such contractor, through public hearing, to be guilty of fraud or a willful building code violation within the county 61 Page 630 of 754 or municipality that the LCRB represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if it has proof through the public hearing process, that a contractor has been found guilty in another county or municipality within the past 12 months, of fraud or a willful building code violation and after providing notice of an opportunity to be heard to the contractor, finds that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the LCRB represents. Notification of and information concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to deny the permit. 62 Page 631 of 754 SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 114.5 Enforcement. Nothing in this section shall prevent the authority having jurisdiction from imposing fines, liens, or seek injunctive relief, or exercising other enforcement powers as permitted by law. Code enforcement and penalties of Chapter 162 Florida Statutes Part I shall be authorized if building work begins without payment of all required fees, and for the purposes of enforcing this code, code officials licensed under Florida Statute 468 Part XII are deemed "Code Inspectors," as defined in Florida Statute 162.04. SECTION 115 STOP WORK ORDER 115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the 63 Page 632 of 754 order and the conditions under which the cited work will be permitted to resume. Where an emergency exists, the building official shall not be required to give a written notice prior to stopping the work. 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the building official to be abated by the owner, through repair and rehabilitation or by demolition in accordance with the this Code. The extent of repairs shall be determined by the building official. When the building official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. 116.1.1 When the building official determines a building, structure, electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall provide the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system a written notice of violation stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. 116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to the record owner(s) of the real property upon which the unsafe building, structure, system is located, the building official shall post a copy of the notice in a conspicuous place in City Hall, upon the building, structure or system, and a copy shall be recorded in the public records of Palm Beach County. 116.1.1.2 In addition, a copy of the notice, as outlined in this sub-section, shall be published simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall be substantially in the following form: 64 Page 633 of 754 NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT (Insert Date of Notice) The owner or other interested parties for the structure located at (address), are hereby notified that the City of Boynton Beach, Florida will proceed to have the building, structure or system repaired, demolished or removed (insert stipulated time) after the date of this Notice, if said building, structure or system is not substantially repaired, demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. If, as a result of this Notice, the building, structure or system is substantially repaired, demolished, or removed by the owner, notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving certification of code compliance. To request an extension of time, the owner should contact (Contact Person and Phone Number) within ten (10) days of the date of this Notice. Said request for extension must be made in writing to the building official. An affected owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent, at the City of Boynton Beach Building Division Office, within (insert stipulated time) of the date of this Notice. The fee to cover hearing costs shall be established by ordinance. 116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice, as provided herein, together with a copy of the recorded "Notice of Intent to Demolish or Substantially Repair and Inspect" at the Clerk of the Court Office, and proof of publication, shall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the owner actually received said notice. 65 Page 634 of 754 116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the building official. The building official shall post at each entrance to the building a placard stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other servants, to remove the posting without written permission of the building official, or for any person to enter the building, or use the building or system(s) except for the purpose of making the required repairs or of demolishing same. 116.1.3 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the building official, after having ascertained the cost may take action to cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation on the part of the building official to continue with maintaining such building, structure, or system; or create liability for any damage to the property. 116.1.4 The decision of the building official shall be final in cases of emergency, which, in the opinion of the building official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 116.2 Reserved. 116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period 66 Page 635 of 754 following mailing of the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 1. The building official shall assess the entire cost of such vacation, demolition, securing, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses, and shall constitute a lien upon such property superior to all others except taxes. 2. The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien, the amount thereof and an accurate legal description of the property, including the street address, which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons. After three (3) months from the filing of any such lien which remains unpaid, the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. 116.4 Appeal. The owner, agent, or person in control of an unsafe structure or system shall have the right to appeal the decision of the building official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice. SECTION 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the building official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. SECTION 118 WIND LOADS (Section 1609, Florida Building Code) 67 Page 636 of 754 The basic wind speed in miles per hour, for development of wind loads, shall be determined from figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure 1609B, and Figure 1609C is hereby added to this code. SECTION 119 SEVERABILITY If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. 68 Page 637 of 754 6 LD U) - a) U 3 �p U O_ i a) O C Ul Q U Q ,O .- �� � ' �� 170 8� Ln N Q � ' C: O-O Ul m U O)— G� L � :;a N (6 T! 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Y arui 1f�P�j BOYNTON BEACH ADMINISTRATIVE AMENDMENTS to the th FLORIDA BUILDING CODE ORDINANCE NO. EFFECTIVE 7 ._ _m SDe ember1m 01. BEGINNING WITH PERMIT NO. 4&4;-1841.8-0001. City ,& "- -- City of Boynton Beach Division of Development Building Division 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 (561) 742-6350 Office (561) 742-6357 Fax 1 Page 641 of 754 This dof ument fare be downlmded onfine—atno f harge—by vlsiUng the Forms&AppNf ations"section of the Bulld,Tng Divis,bn page on the City of Bo tare Becx-h website at.www boton-beoc.h.ong 2 Page 642 of 754 CHAPTER 1 ADMINISTRATION Table of Contents Section 101 GENERAL 23 Section 102 APPLICABILITY 45 Section 103 BUILDING DIVISION 93.0 Section 104 DUTIES AND POWERS OF THE BUILDING OFFICIAL 93.0___ Section 105 PERMITS -. .J. Section 106 FLOOR AND ROOF LOADS n28 Section 107 CONSTRUCTION DOCUMENTS n29 Section 108 TEMPORARY STRUCTURES AND USES _._J. Section 109 FEES _._Z Section 110 INSPECTIONS -36,44 Section 111 CERTIFICATES OF OCCUPANCY AND COMPLETION 4655 Section 112 SERVICE UTILITIES 4957 Section 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 4958 Section 114 VIOLATIONS .6 Section 115 STOP WORK ORDER -52-63 Section 116 UNSAFE STRUCTURES AND EQUIPMENT .6 Section 117 VARIANCES IN FLOOD HAZARD AREAS -5&67 Section 118 WIND LOADS 67 Section 119 SEVERABILITY -5-568 3 Page 643 of 754 SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Florida Building Code, hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: 1. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress and their accessory structures not more than three stories above grade plane in height, shall comply with the Florida Building Code, Residential. . Code Requirements that address snow loads and earthquake protection are pervasive; they are left in place but shall not be utilized or enforced because Florida has no snow load or earthquake threat. 101.2.1 Appendices. Provisions in the appendices shall not apply unless specifically adopted. Appendix "F," in the Florida Building Code, Plumbing Volume, has been adopted as part of this chapter. 101.2.2 Florida Building Code, Residential Construction standards or practices which are not covered by Florida Building Code, Residential volume shall be in accordance with the provisions of Florida Building Code, Building. 101.3 Intent. The purpose of this code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 101.3.1 Quality control. Quality control of materials and workmanship is not within the purview of this code except as it relates to the purposes stated herein. 4 Page 644 of 754 101.3.2 Warranty and Liability. The permitting, plan review or inspection of any building, system or plan by this jurisdiction, under the requirements of this code, shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. This jurisdiction shall not be liable in tort for damages or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting. far h r no em Icer m hall be liable in :ort for dama� m_ m ______ ________________ ____________________________ from such conditions in accordance with Section 8.28 Florida Stalutes as may_mb __a ended or r laced, 101.4 Referenced codes. The other codes listed in Sections 101.4.1 through 101.4.9-1.1. and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. 101.4.1 Gas. The provisions of the Florida Building Code, Fuel Gas shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code. These requirements apply �` '.m?_ piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 101.4.2 Mechanical. The provisions of the Florida Building Code, Mechanical shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air- conditioning and refrigeration systems, incinerators and other energy-related systems. 101.4.3 Plumbing. The provisions of the Florida Building Code, Plumbing shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. 101.4.4 Property maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 101.4.5 Fire prevention. For provisions related to fire prevention, refer to the Florida Fire Prevention Code. The Florida Fire Prevention Code shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Florida Building Code, Energy Conservation shall apply to all matters governing the design and construction of buildings for energy efficiency. 5 Page 645 of 754 101.4.7 Existing buildings. The provisions of the Florida Existing Building Code shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings. 101.4.8 Accessibility. For provisions related to accessibility, refer to the Florida Building Code, Accessibility. 101.4.9 Manufactured buildings. For additional administrative and special code requirements, see Section 458, Florida Building Code. Building, and Rule 61-41 Florida Administrative Code. 101.4.10 Electrical. The provisions of Chapter 27 of the Florida Building Code, Building Volume shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances,fixtures,fittings and appurtenances thereto. 3.01.4.13. Flood Damaime Prevention. Cid: of Bo nton Beach Land C evelo menta Re ulad:ions (LLRj shall be considered art. of the re uirements of this code relative to flood control, Conflicting re uirements bei:ween :he Florida Buildin Code and Cha :er 4 m rmirl mX.1-1--c- _mF?r vention__R _ uiremen s of th-e G.0 __shall_.b __r o-lv d__in__favor__c-f_th __r rasi_r _ t__th t__off _r ...._th : t:mf gLgfcif flcc m pr, .D ion or alternatives that would rovide ane uivalen�: de vee of flood dam e e reven�:ion and , ____________ __ ______m q_____ _______ ____ __�.________________________________________ ___ an_e L!iv l_ n method of construction. 101.5 __Building Official. _.Whenever, the building official is mentioned in ,sthe code, it is also intended to mean the building official's designee, wherever applicable. SECTION 102 APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 102.1.1 The Florida Building Code does not apply to, and no code enforcement action shall be brought with respect to, zoning requirements, land use requirements and owner specifications or programmatic requirements which do not pertain to and govern the design, construction, erection, alteration, modification, repair or demolition of public or private buildings, structures or facilities or to programmatic requirements that do not pertain to enforcement of the Florida 6 Page 646 of 754 Building Code. Additionally, a local code enforcement agency may not administer or enforce the Florida Building Code, Building to prevent the s4i*t�:t:in of any publicly owned facility, including, but not limited to, correctional facilities, juvenile justice facilities, or state universities, community colleges, or public education facilities, as provided by law. 102.2 Building. The provisions of the Florida Building Code shall apply to the construction, erection, alteration, modification, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every public and private building, structure or facility or floating residential structure, or any appurtenances connected or attached to such buildings, structures or facilities. Additions, alterations, repairs and changes of use or occupancy group in all buildings and structures shall comply with the provisions provided in the Florida Building Code, Existing Building. The following buildings, structures and facilities, except for those located in a Special Flood Hazard Area are exempt from the Florida Building Code as provided by law, and any further exemptions shall be as determined by the legislature and provided by law: (a) Building and structures specifically regulated and preempted by the federal government. (b) Railroads and ancillary facilities associated with the railroad. (c) Nonresidential farm buildings on farms. (d)Temporary buildings or sheds used exclusively for construction purposes. (e) Mobile or modular structures used as temporary offices, except that the provisions of Part II (Section 553.501-553.513, Florida Statutes) relating to accessibility by persons with disabilities shall apply to such mobile or modular structures. Permits shall be required for structural support and tie down, electric supply and all other such utility connections to such mobile or modular structures as required by this jurisdiction. (f)Those structures or facilities of electric utilities, as defined in Section 366.02, Florida Statutes, which are directly involved in the generation, transmission, or distribution of electricity. (g)Temporary sets, assemblies, or structures used in commercial motion picture or television production, or any sound-recording equipment used in such production, on or off the premises. (h) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open-sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non-wood features. (i) Family mausoleums not exceeding 250 square feet (23 mZ) in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. 0) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. 7 Page 647 of 754 (k) A building or structure having less than 1,000 square feet (93 mZ) which is constructed and owned by a natural person for hunting and which is repaired or reconstructed to the same dimension and condition as existed on January 1, 2011, if the building or structure: 1. Is not rented or leased or used as a principal residence; 2. Is not located within the 100-year floodplain according to the Federal Emergency Management Agency's current Flood Insurance Rate Map; and 3. Is not connected to an off-site electric power or water supply. (1) Service providers of water, sewer, storm, gas, cable, telephone, or other similar utility systems are exempt to the point of service connection for the building or structure. 102.2.1 In addition to the requirements of Section 553.79 and 553.80, Florida Statutes, facilities subject to the provisions of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, shall have facility plans reviewed and construction surveyed by the state agency authorized to do so under the requirements of Chapter 395, Florida Statutes, and Part II of Chapter 400, Florida Statutes, and the certification requirements of the federal government. 102.2.2 Residential buildings or structures moved into or within a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: 1. The building or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4. Current fire code requirements for ingress and egress are met; 5. Electrical, gas and plumbing systems meet the codes in force at the time of construction and are operational and safe for reconnection; and J.-6. Foundation plans are sealed by a professional engineer or architect licensed to practice in this state, if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class. 7. The requirements of Florida Building Code, Existing Building Volume, are also satisfied. 102.2.3 The building official shall apply the same standard to a moved residential building or structure as that applied to the remodeling of any comparable residential building or structure to determine whether the moved structure is substantially remodeled. The cost of the foundation on which the moved building or structure is placed shall not be included in the cost of remodeling for purposes of determining whether a moved building or structure has been substantially remodeled. 8 Page 648 of 754 102.2.4 This section does not apply to the jurisdiction and authority of the Department of Agriculture and Consumer Services to inspect amusement rides or the Department of Financial Services to inspect state-owned buildings and boilers. 102.2.5 Each enforcement district shall be governed by a board, the composition of which shall be determined by the affected localities. 1. At its own option, each enforcement district or local enforcement agency may adopt rules granting to the owner of a single-family residence one or more exemptions from the Florida Building Code relating to: a. Addition, alteration, or repairs performed by the property owner upon his or her own property, provided any addition or alteration shall not exceed 1,000 square feet (93 mZ) or the square footage of the primary structure, whichever is less. b. Addition, alteration, or repairs by a non-owner within a specific cost limitation set by rule, provided the total cost shall not exceed $5,000 within any 12-month period. c. Building and inspection fees. 2. However, the exemptions under subparagraph 1 do not apply to single-family residences that are located in mapped flood hazard areas, as defined in the code, unless the enforcement district or local enforcement agency has determined that the work, which is otherwise exempt, does not constitute a substantial improvement, including the repair of substantial damage, of such single- family residences. 3. Each code exemption, as defined in sub-subparagraphs 1a, 1b, and 1c shall be certified to the local board 10 days prior to implementation and shall only be effective in the territorial jurisdiction of the enforcement district or local enforcement agency implementing it. 4. However, each enforcement district or local enforcement agency may establish an alternative permitting program for replacing nonstructural components of building systems in a residential dwelling unit. __A licensed contractor performing such work for the resident shall also be exempt from individual permits and inspections if either the owner or the licensed contractor obtains a valid Annual Permit per Section 105.1.1 of this code and all such work is reported as required in Section 105.1.2 of this code for compliance evaluation. No added capacity, system expansion or new building work of any type shall be excluded from individual permit and inspection by this provision. 102.2.6 This section does not apply to swings and other playground equipment accessory to a one- or two-family dwelling. Exception: Electrical service to such playground equipment shall be in accordance with Chapter 27 of this code. 9 Page 649 of 754 102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.4 Referenced codes and standards. The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 and 102.4.2. 102.4.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. 102.4.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code or the Florida Codes listed in Section101.4, the provisions of this code or the Florida Codes listed in Section 101.4, as applicable, shall take precedence over the provisions in the referenced code or standard. 102.5 Partial invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 102.6 Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the Florida Building Code, Existing Building, the Florida Fire Prevention Code, and_101.4. 4__Prry minn ._ For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV. 102.6.1 Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the provisions of the Florida Building Code or Florida Residential Code, as applicable, for new construction or with any current permit for such occupancy. 102.6.2 Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code, the Florida Fire Prevention Code, and 101.4.w 4 Pro ert maintenance. For provisions related to property maintenance, refer to the City of Boynton Beach Code of Ordinances, Chapter 10, Article IV, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 102.7 Relocation of manufactured buildings. (1) Relocation of an existing manufactured building does not constitute an alteration. (2) A relocated building shall comply with wind speed requirements of the new location, using the appropriate wind speed map. If the existing building was manufactured in compliance with the 10 Page 650 of 754 Standard Building Code (prior to March 1, 2002), the wind speed map of the Standard Building Code shall be applicable. If the existing building was manufactured in compliance with the Florida Building Code (after March 1, 2002), the wind speed map of the Florida Building Code shall be applicable. (3) A relocated building shall comply with the flood hazard area requirements of the new location, if applicable. 102.8 Existing mechanical equipment. An agency or local government may not require that existing mechanical equipment located on or above the surface of a roof be installed in compliance with the requirements of the Florida Building Code except during reroofing when the equipment is being replaced or moved during reroofing and is not in compliance with the provisions of the Florida Building Code relating to roof-mounted mechanical units. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION 103 .DIVISION F BUILDING 4 SAFETY 3.03.3. Creation of enforcement a enc . The Division of BuildinR Safet is hereby created and the official in char e thereof shall be known as the buildina otLicial or Building Code Administrator. z 1.___ .2__Ar1P ( r r a The building f' 'c 1 shall be api?ai ml r :h m hief a 2i t__n :hc rid:r caf :h jurisdiction. 1. m ...____ u i m----I n___accordance___with___t he....pr ri b d____ 2Lgj g res__ of___1h is...i!a ri i c_t_i o n___a n d---with___t he rc1!1�Lr _0 ___of bhp__ p�?!��:i0 __�_ �mhcari�mm�'�__�mm�! cr'l '�rc1 fff fc�1 h�II hie �:h �aa�:hcari�mmy__�mmo ap aint ma de ul: buil din o icial the related technical officers ins ectors Ian examiners and other em to ees. Such emlolovees shall have owers as dela ated b 1:he buildin o icialo For the maintenance of existing properties see 3.01.4.4 Pro art maintenance. Foisions related to pro erg: main�:enance refer�:o�:he Cid: of Bo n�:on Beach Code of Ordinances Chapter 1.0 Article IV. 3.03.4 Restrictions on em to ees. Reserved . SECTION 104 DUTIES AND POWERS OF ' -K44 ,: :r THE. BUILDING OFFICIAL 104.1 General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt 11 Page 651 of 754 policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 104.2 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, and alteration, demolition and moving of buildings and structuress r�eir 1 A. inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code. 104.2.1 Determination of substantially improved or substantially damaged existing buildings and structures in flood hazard areas. For applications for reconstruction, rehabilitation, repair, alteration, addition or other improvement of existing buildings or structures located in flood hazard areas, the building official shall determine if the proposed work constitutes substantial improvement or repair of substantial damage. Where the building official determines that the proposed work constitutes substantial improvement or repair of substantial damage, and where required by this code, the building official shall require the building to meet the requirements of Section 1612_-and- Section 8322. 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. 104.4 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.5 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 104.6 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 3.04.6.2 When the buildin official obtains a orcloeir inspection warrant: or other remedy, rovided b law to secure entry, no owner or occuloant. or ainy other arsons havin. char e care or control of an 12 Page 652 of 754 Is shall fail o made as herein p ��, .2 ficial for the ou oose of insPection and examination 104.7 0ivision records. The shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention 104.8 Liability. The building official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent |avv or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result ofany act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee or board member.because | of an act performed by that officer oremployee or board member in the lawful discharge of duties and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or ernp|oyee_�r | fan act performed by that officer or ernp|oyee in the |avvfu| discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The building officio/ or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance ofthe provisions ofthis code. 104.9 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 104.9.1 Used materials and equipment. The use ofused materials which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless approved bythe building official. 104.10 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the ui|din . | 13 | Page 653Of754 104.10.1 Flood hazard areas. -rhe buildiryg..2ffl�jgj.�122jl coordinate with the floo p d Iqin administrator to review 104.11 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not |eaa than the equivalent of that prescribed in this code in quality, strength, effectiveness,fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved,i the building official shall respond in writing, stating the reasons why the alternative was not approved. 104.11.1 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. 104.11.2 Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in | 14 | Page 654Of754 order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. 104.12 Requirements not covered by code. Any requirements necessary for strength, stability or proper operation of an existing or proposed building, structure, electrical, gas, mechanical or plumbing system, or for the public safety, health and general welfare, not specifically covered by this or other technical codes, shall be determined by the building official. SECTION 105 PERMITS 105.1 Required. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any impact-resistant coverings, electrical, gas, mechanical or plumbin $_fire 21ge :ion s _s1g_M__2L_ r i l mor_floo resistant it l _ n 1 s-the installation of g p_______________________my___________ which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 105.1.1 Annual facility permit. In lieu of an individual permit for each alteration to an existing electrical, gas, mechanical or plumbing or interior nonstructural office system(s), the building official is authorized to issue an annual permit for any occupancy to facilitate routine or emergency service, repair, refurbishing, minor renovations of service systems or manufacturing equipment installations/relocations. The building official shall be notified of major changes and shall retain the right to make inspections at the facility site as deemed necessary. An annual facility permit shall be assessed with an annual fee and shall be valid for one year from date of issuance. A separate permit shall be obtained for each facility and for each construction trade, as applicable. The permit application shall contain a general description of the parameters of work intended to be performed during the year. 105.1.2 Annual Facility permit records. The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The building official shall have access to such records at all times or such records shall be filed with the building official as designated. The building official is authorized to revoke such permit, if code violations are found to exist. 105.1.3 Food permit. In accordance with 500.12, Florida Statutes, a food permit from the Department of Agriculture and Consumer Services is required of any person who operates a food establishment or retail store. 105.1.4 Public swimming pool.The local enforcing agency may not issue a building permit to construct, develop, or modify a public swimming pool without proof of application, whether 15 Page 655 of 754 complete or incomplete, for an operating permit pursuant to Section 514.031, Florida Statutes. A certificate of completion or occupancy may not be issued until such operating permit is issued. The local enforcing agency shall conduct their review of the building permit application upon filing and in accordance with Chapter 553, Florida Statutes. The local enforcing agency may confer with the Department of Health, if necessary, but may not delay the building permit application review while awaiting comment from the Department of Health. 105.2 Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction, to include work in any special flood hazard area. Exemptions granted under this section do not relieve the owner or contractor from their duty to comply with applicable provisions of the Florida Building Code, and requirements of the local floodplain management ordinanceo__ s__dtrmind dnamcr'1din rfi 'c1 ' shall not be required for the following: Building: 1. Building permits are not required for replacement or repair work having a value of less than $1,000.00, providing, however, that such work will not adversely affect the structural integrity, fire rating, exit access or egress requirements. 2. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work, with no electrical or plumbing work. 3. Temporary motion picture, television and theater sets and scenery. 4. Traditional swings and other standard playground equipment accessory to detached one- and two-family dwellings, but they may be subject to Zoning permits. 5. �° �, Retractable awnings supported by an exterior wall and do not require additional support of Groups R-3 and U occupancies, but they may be subject to Zoning permits. 6. In the case of roofing repairs, a permit may not be required for work having a value of less than $500, unless such work effects the structural integrity of the roof. 16 Page 656 of 754 7. The installation of one (1) accessory building (tool shed, etc.) per single family residence/lot, with the accessory building having a size less than or equal to 100 square feet. Electrical: Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. Radio and television transmitting stations: The provisions of this code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Mechanical: 1. Portable heating appliance. 2. Portable ventilation equipment. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (5 kg) or less of refrigerant and actuated by motors of 1 horsepower(746 W) or less. 8. The installation, replacement, removal or metering of any Ir:rial load management control device where installed b _ _!Iil_il: _ r)eir _ Lq�ide_r. Plumbing: 17 Page 657 of 754 I. The stopping of leaks in drains, water, soil, waste or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code. -1-,2.. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. The replacement of common household plumbing fixtures to existing supply lines and outlets in &4e 2 F� iiy-1DnL ll_inRso_This does not include water heaters, bathtubs, or showers. 105.2.1 Emergency repairs. Where equipment replacements and repairs must be performed in an emergency situation, the permit application shall be submitted within the next workingbusiness day to the building official. Notificatioe work address nature of ernereencV and sco e of work immediat ind or by the next: business da 105.2.2. Minor repairs. Ordinary minor repairs may be made with the approval of the building official without a permit, provided the repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring systems or mechanical equipment or other work affecting public health or general safety, and such repairs shall not violate any of the provisions of the technical codes. 105.2.3 Public service agencies. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies by established right. 105.3 Application for permit. To obtain a permit, the applicant shall first file an application therefore in writing on a form furnished by the d_vision of building �Safety for that purpose. Permit application forms shall be in the format prescribed by a local administrative board, if applicable, and must comply with the requirements of Section 713.135(5) and (6), Florida Statutes. Each application shall be inscribed with the date of application, and the code in effect as of that date. For a building permit for which an application is submitted prior to the effective date of the Florida Building Code, the state minimum building code in effect in the permitting jurisdiction on the date of the application governs the permitted work for the life of the permit and any extension granted to the permit. 18 Page 658 of 754 Effective October 1, 2017, a local enforcement agency shall post each type of building permit application on its website. Completed applications must be able to be submitted electronically to the appropriate division---of__building- .. ___sa;fety. Accepted methods of electronic submission include, but are not limited to, e-mail submission of applications in portable document format or submission of applications through an electronic fill-in form available on the division mof building =� safetv's, website or through a third-party submission management software. Payments, attachments, or drawings required as part of the permit application may be submitted in person in a non electronic format, at the discretion of the building official. 105.3.1 Action on application. The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefore. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefore as soon as practicable. When authorized through contractual agreement with a school board, in acting on applications for permits, the building official shall give first priority to any applications for the construction of, or addition or renovation to, any school or educational facility. 105.3.1.1 If a state university, Florida college or public school district elects to use a local government's code enforcement offices, fees charged by counties and municipalities for enforcement of the Florida Building Code on buildings, structures, and facilities of state universities, state colleges, and public school districts shall not be more than the actual labor and administrative costs incurred for plans review and inspections to ensure compliance with the code. 105.3.1.2 No permit may be issued for any building construction, erection, alteration, modification, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued and which shall be prepared by or under the direction of an engineer registered under Chapter 471, Florida Statutes: 1. Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $125,000. 2. Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads. Personnel as authorized by chapter 633 Florida Statutes, may design a fire sprinkler system of 49 or fewer heads and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition or deletion of not more than 49 heads, notwithstanding the size of the existing fire sprinkler system. 3. Heating, ventilation, and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity which is designed to accommodate 100 or 19 Page 659 of 754 more persons or for which the system costs more than $125,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one, two, three or four-family structure. An air-conditioning system may be designed by an installing air-conditioning contractor certified under Chapter 489, Florida Statutes, to serve any building or addition which is designed to accommodate fewer than 100 persons and requires an air-conditioning system with a value of$125,000 or less; and when a 15-ton-per system or less is designed for a singular space of a building and each 15-ton system or less has an independent duct system. Systems not complying with the above require design documents that are to be sealed by a professional engineer. Example 1: When a space has two 10-ton systems with each having an independent duct system, the contractor may design these two systems since each unit (system) is less than 15 tons. Example 2: Consider a small single-story office building which consists of six individual offices where each office has a single three-ton package air conditioning heat pump. The six heat pumps are connected to a single water cooling tower. The cost of the entire heating, ventilation and air-conditioning work is $47,000 and the office building accommodates fewer than 100 persons. Because the six mechanical units are connected to a common water tower this is considered to be an 18-ton system. NOTE: It was further clarified by the Commission that the limiting criteria of 100 persons and $125,000 apply to the building occupancy load and the cost for the total air-conditioning system of the building. 4. Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000. 5. Electrical documents. (See Florida Statutes, Section 471.003(2)(h)). Any electrical or plumbing or air conditioning and refrigeration system meeting the following thresholds are required to be designed by a Florida Registered Engineer. An _ -system_mWhi- 1: r® , -e c ae�r- m,__ 'y .- mom' - x �.� ..., •- c�a �vrmv-ra-<,-e•c- A"9tlt�-=�' �. -a�--i"• ;•. t1f1 - 1"711 ,-d •�-a.�l 1 a. I ..� e "�• - '� tea""-`>�c � -err - r�^,�-a,^ai��ixr vp=" a6:, • 1.0.....fjg_ggires_a_n__electrical__or_pplaa biD_&_car air-conditioninE an r fri r :ion dmf with a ____________________ _____ ______________________ m_ ___ _ _ m _ valuer �:�_r�:hanml. � 1_ � • 2oao.....fje aair an aEgr t: m g.Lyice_ca ri�:m me fir m r k han 600 am r ( __ ____________ m m m ___ _ _ _____________ residential electrical s stem or reater than 800 am ares 240 vol1:s on a commercial or indus�:rial elec�:rical s s�:em� 20 Page 660 of 754 _ which exceeds a 1.5-ton- per- istern c oacil or if the or ect. is desi-ned to accommodate more than 1.00 oi | pL,[so2s. Documents requiring an engineer seal by this part shall not be valid unless a professional engineer who possesses valid certificate of registration has signed, dated, and stamped such document as provided in Section 471.025, Florida Statutes. 6. All public swimming pools and public bathing places defined by and regulated under Chapter 514, Florida Statutes 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned becoming null and void 180 days after the date of filing, qLfor any | unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days | | each. The extension shall be requested in vvritingjustifiableoauae demonstrated. Abandoned applications shall be au6ieotto deatruotion in accordance with state law. The fee for renewal, re-issuance, and extension of permit application shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit application extensions and renewals. 105.3.3 An enforcing authority may not issue a building permit for any building construction, erection, alteration, modification, repair or addition unless the permit either includes on its face or there is attached to the permit the following statement: "NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, such as the requirement for Horne or Property [)vvnera Association approval, and there may be additional permits required from other governmental entities such as water management districts, state agencies, orfederal agenoiea." 105.3.4 A building permit for a single-family residential dwelling must be issued within 30 working | | days of application the refore_unless unusual circumstances require a longer time for processing the application or unless the permit application fails to satisfy the Florida Building Code or the enforcing agency's laws orordinances. 105.3.5 Identification of minimum premium policy. Except as otherwise provided in Chapter 440, Florida Statutes, Workers' Compensation, every employer shall, as condition to receiving a building permit, show proof that it has secured compensation for its employees as provided in Section 440.10 and 44O.38, Florida Statutes. 105.3.6Asbestos removal | removal or disposal of | 21 | Page 661Of754 asbestos-containing materials on a residential building where the owner occupies the building, the building is not for sale or lease, and the work is performed according to the owner-builder limitations provided in this paragraph. To qualify for exemption under this paragraph, an owner must personally appear and sign the building permit application. The permitting agency shall provide the person with a disclosure statement in substantially the following form: Disclosure Statement: State law requires asbestos abatement to be done by licensed contractors. You have applied for a permit under an exemption to that law. The exemption allows you, as the owner of your property, to act as your own asbestos abatement contractor even though you do not have a license. You must supervise the construction yourself. You may move, remove or dispose of asbestos-containing materials on a residential building where you occupy the building and the building is not for sale or lease, or the building is a farm outbuilding on your property. If you sell or lease such building within 1 year after the asbestos abatement is complete, the law will presume that you intended to sell or lease the property at the time the work was done, which is a violation of this exemption. You may not hire an unlicensed person as your contractor. Your work must be done according to all local, state and federal laws and regulations which apply to asbestos abatement projects. It is your responsibility to make sure that people employed by you have licenses required by state law and by county or municipal licensing ordinances. 105.3.7 Applicable Code for Manufactured Buildings. Manufacturers should be permitted to complete all buildings designed and approved prior to the effective date of a new code edition, provided a clear signed contract is in place. The contract shall provide specific data mirroring that required by an application for permit, specifically, without limitation, date of execution, building owner or dealer, and anticipated date of completion. However, the construction activity must commence within 6 months of the contract's execution. The contract is subject to verification by the Department of Business and Professional Regulation. 105.3.8 Public right of way. A permit shall not be given by the building official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has received a right of way permit from the authority having jurisdiction over the street, alley or public lane 105.4 Conditions of the permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of any local laws ordinances codes and reaal :ic t4 m Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of any other federal state and local laws ordinances codes and re Mations the °°°R_4+e&R shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this 22 Page 662 of 754 code or of any other ordinances of this jurisdiction or of_ani other s�:a�:e and local laws ______ _____ _____ m _______________ __________________________________________________ ordinances codes and re ulations. 105.4.1 Permit intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. 105.4.1.1 If work has commenced and the permit is revoked, becomes null and void, or expires because of lack of progress or abandonment, a new permit covering the proposed construction shall be obtained before proceeding with the work. 105.4.1.2 If a new permit,_or revalidation_(_r �r I cif h me riiki_E I r rim is not obtained within _______________________________ _ 180 days from the date the initial permit became null and void, the building official is authorized to require that any work which has been commenced or completed be removed from the building site. Alternately, a new permit may be issued on application, providing the work in place and required to complete the structure meets all applicable regulations in effect at the time the initial permit became null and void and any regulations which may have become effective between the date of expiration and the date of issuance of the new permit. 105.4.1.3 Work shall be considered to be in active progress when the permit has received an approved inspection within 180 days. This provision shall not be applicable in case of civil commotion or strike or when the building work is halted due directly to judicial injunction, order or similar process, or due to action by an environmental or archeological agency having jurisdiction. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 3 months each. The extension shall be requested in writing and justifiable cause demonstrated, prior to expiration. 105.4.1.4 The fee for renewal, reissuance and extension of a permit shall be set forth by the administrative authority. There may be fees or requirements from other government agencies for permit extensions and renewals. 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The permit holder and property owner shall be responsible to either: JDi Com lete the oris: renew the loermit. if applicable, or obtain a new ermit tc complete all work in accordance with the permitted plans and inspection car 2emove the otic: renew �:he ermi�: and revise �:he lens if a licable or obtain a new ermit to remove any partially completed work in a safe and code compliant manner. An work not removed shall be subiect. to th penalties for un ermined work. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days 23 Page 663 of 754 each. The extension shall be requested in writing and justifiable cause demonstrated as determined by the building official. holds more than (_1)_.p2Spj[9�_.aL_inactive_pp 2, 3.05.5.1.3. For the1__p.!2fp2ses__of this subsectioD,__2L 3.05.5.1.2 For the DLArDOS's of this subsection an ooen nermit shall mean a permit that has not satisfied all r quirements for co pletion as defined in 1.05.5.1.1. 3.05.5.2 The buildhi i�:!: otficial is authorized to administrativelV close el-Mired or inactjy�2=� hazard exists and no code violations have been 3.05.5.3 Closine out or resolving open or ejoired permits shall be the re'Sloonsibilil / of th e out or resolve open p--mits may be r to ff | 105.6 Denial or revocation . Whenever a permit required under this section is denied or revoked because the plan, or the construction, erection, alteration, modification, repair, or demolition of building, is found by the local enforcing agency to be not in compliance with the Florida Building Code, the local enforcing agency shall identify the specific plan or project features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the permit applicant. If the local building code administrator or inspector finds that the plans are not in compliance with the Florida Building Code, the local building code administrator or inspector shall identify the specific plan features that do not comply with the applicable codes, identify the specific code chapters and sections upon which the finding is based, and provide this information to the local enforcing agency. The local enforcing agency shall provide this information to the permit applicant. issued under --the Provisions of this code when there has been __any...±�jcg....statement or Drovisions 3.05.6.2 Violation of cod,: The buildi official m i r uire correction or revoke the I that the construction erection. alteration rer%nir, f the buildin- structure electrical Fas mechanical ed is in violation of or not in conformity with, the pLovisions of this code� | 24 | Page 664 of 754 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. 105.8 Notice of commencement. In accordance with Section 713.135, Florida Statutes, when any person applies for a building permit, the authority issuing such permit shall print on the face of each permit card in no less than 14-point, capitalized, boldfaced type: "WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT." 105.9 Asbestos. The enforcing agency shall require each building permit for the demolition or renovation of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section 469.003, Florida Statutes, and to notify the Department of Environmental Protection of his or her intentions to remove asbestos, when applicable, in accordance with state and federal law. Refer to Section 105.3.6 "Asbestos Removal Contractor Exemption" of this code for additional requirements. 105.10 Certificate of protective treatment for prevention of termites. A weather-resistant job-site posting board shall be provided to receive duplicate treatment certificates as each required protective treatment is completed, providing a copy for the person the permit is issued to and another copy for the building permit files. The treatment certificate shall provide the product used, identity of the applicator, time and date of the treatment, site location, area treated, chemical used, percent concentration and number of gallons used, to establish a verifiable record of protective treatment. If the soil chemical barrier method for termite prevention is used, final exterior treatment shall be completed prior to final building approval. For a bait system, see Section 1816.1.7 of the Florida Building Code for contract document requirements. 105.11 Notice of termite protection. A permanent sign which identifies the termite treatment provider and need for reinspection and treatment contract renewal shall be provided. The sign shall be posted near the water heater or electric panel. 105.12 Work starting before permit issuance. Upon written request and approval of the building official, the scope of work delineated in the building permit application and plan may be started prior to the final approval and issuance of the permit, provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection. 105.13 Phased permit approval. After submittal of the appropriate construction documents, the building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. Corrections may be required to meet the requirements of the technical codes. 25 Page 665 of 754 105.14 Permit issued on basis of an affidavit. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. Whenever a permit is issued in reliance upon an affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the opinion of the building official, are hazardous or complex, the building official shall require that the architect or engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In addition, they shall be responsible for conformity to the permit, provide copies of inspection reports as inspections are performed, and upon completion make and file with the building official written affidavit that the work has been done in conformity to the reviewed plans and with the structural provisions of the technical codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent person or agency whose qualifications are reviewed by the building official. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part III of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official (See also Section 107.6). Exception: Permit issued on basis of an affidavit shall not extend to the flood load and flood resistance requirements of the Florida Building Code. 105.15 Opening protection. When any activity requiring a building permit that is applied for on or after July 1, 2008, and for which the estimated cost is $50,000 or more for a site built single-family detached residential structure that is located in the wind borne debris region as defined in this Code and that has an insured value of $750,000 or more, or, if the site built single-family detached residential structure is uninsured or for which documentation of insured value is not presented, has a just valuation for the structure for purposes of ad valorem taxation of $750,000 or more; opening protections as required within this Code or Florida Building Code, Residential for new construction shall be provided. Exception: Single family residential structures permitted subject to the Florida Building Code are not required to comply with this section. 105.16 Inspection of existing residential building not impacted by construction. (a) A local enforcing agency, and any local building code administrator, inspector, or other official or entity, may not require as a condition of issuance of a one- or two-family residential building permit the inspection of any portion of a building, structure, or real property that is not directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought. (b) This subsection does not apply to a building permit sought for: 26 Page 666 of 754 1. A substantial improvement as defined in Section 161.54, Florida Statutes or as defined in the Florida Building Code. 2. A change of occupancy as defined in the Florida Building Code. 3. A conversion from residential to nonresidential or mixed use pursuant to Section 553.507(2)(a), Florida Statutes or as defined in the Florida Building Code. 4. A historic building as defined in the Florida Building Code. (c) This subsection does not prohibit a local enforcing agency, or any local building code administrator, inspector, or other official or entity, from: 1. Citing any violation inadvertently observed in plain view during the ordinary course of an inspection conducted in accordance with the prohibition in paragraph (a). 2. Inspecting a physically nonadjacent portion of a building, structure, or real property that is directly impacted by the construction, erection, alteration, modification, repair, or demolition of the building, structure, or real property for which the permit is sought in accordance with the prohibition in paragraph (a). 3. Inspecting any portion of a building, structure, or real property for which the owner or other person having control of the building, structure, or real property has voluntarily consented to the inspection of that portion of the building, structure, or real property in accordance with the prohibition in paragraph (a). 4. Inspecting any portion of a building, structure, or real property pursuant to an inspection warrant issued in accordance with Sections 933.20-933.30, Florida Statutes. 105.17 Streamlined low-voltage alarm system installation permitting. (1--)------ used in this section, the term: (a •°" °`Contractor""" means a person who is qualified to engage-, in the business of electrical or alarm system contracting pursuant to a certificate or registration issued by the --department under part II of chapter 4897 F4 f° -� *�* �. (b -21"Low-voltage alarm system project""" means a project related to the installation, maintenance, inspection, replacement, or service of a new or existing alarm system, as defined in -SeQ4400s. 489.5057 FI� � *:°°��, that is hardwired and operating at low voltage, as defined in the National Electrical Code Standard 70, Curren: Edition or a new or existin low-voltn e electric fence and ancillary components or equipment attached to such a system_or fence including, but not limited to, home- automation equipment, thermostats, closed-circuit: television s stems access controls batter rechargingEfSharging devices, and video cameras. 27 Page 667 of 754 (c4L'J "Low-volt ge electric fence" means an alarm SVstem as defined in s. 489.505- that consists of a fence structure and an ene J | | ire|eaaa|arrnayatenf' rneanaaburg|ara|anmayaternorarnokedeteotorthatisnothardwired. | / Notwithstanding any provision of this section applies to all low-voltage alarm system projects for which a permit is required by local enforcement agency. However, a permit is not required to install, maintain, inspect, replace, or service a wireless alarm system, including any ancillary components orequipment attached tothe system. �44 the following.- reguirements to be permitted as a luired for the low-volt. zer characteristics set forth in oara,graph 22.1.08 and d-oicted in Fieure 102 of International Electrotechnical Commission Standard No. 60335-2-76 Current Edition. i nclose the low-voltage electric fence. The low-voltap-e electric fence may be P to 2 feet. hil-her than th perimeter nonelectric fence or wall. ,g__electric fence must be identified u s En� jgj±ed to the fence at _(�).... fence shall not be installed in an area zoned exclusively_for LO jp-fa il _(f electric fence shall not enclose the ..p[!2p v which are used for (4) This section does not apply to the installation or replacement of a fire alarm if a plan review is | required. local enforcement agency shall make uniform basic permit labels available for purchase by contractor to be used for the installation or replacement of new or existing alarm system at a cost c�e The local / ' - --_- ' -_ - ___ _' -- --- -__ |ooa| enfonoernent agency may not require the payment ofany additional fees, charges, or expenses | associated with the installation orreplacement ofanew orexisting alarm. �L��l�. |ooa| enforcement agency may not require contractor, as condition ofpurchasing a label, to submit p[y information other than identification information of the licensee and proof of registration or | certification aaacontractor. / | 28 (b} A label is valid for 1 year after the date of purchase and may only be used within the jurisdiction of the local enforcement agency that issued the label. A contractor may purchase labels in bulk for one or more unspecified current or future projects. 6 A contractor shall post an unused uniform basic permit label in a conspicuous place on the premises of the low-voltage alarm system project site before commencing work on the project. ( A contractor is not required to notify the local enforcement agency before commencing work on a low-voltage alarm system project. However, a contractor must submit a Uniform Notice of a Low- Voltage Alarm System Project as provided under subsection ( ,) to the local enforcement agency within 14 days after completing the project. A local enforcement agency may take disciplinary action against a contractor who fails to timely submit a Uniform Notice of a Low-Voltage Alarm System Project. ( -- The Uniform Notice of a Low-Voltage Alarm System Project may be submitted electronically or by facsimile if all submissions are signed by the owner, tenant, contractor, or authorized representative of such persons. The Uniform Notice of a Low-Voltage Alarm System Project " &e4 d _ < h kma.E._ fey_ ,, � eeff ___ mush: conta-in the followin informationo UNIFC?R M N 0 T I CE OF A LO W-V OLTAG ALARM SYSTEM PROJECT Owner's or C ust:omer's Name Owner's or Customer's Address cii __. Sta_te__ i.p_. Phone Number --mail Address Contractor's Name Contractor's Address cii __. ta�:e Tim Phone Number 29 Page 669 of 754 formation is true and accurate. local enforcement agency may coordinate directly with the owner orcustomer to inspect low- voltage alarm system ovv- vo|tagea|arrnayatern project ensure compliance with applicable codes and standards. If a low-voltage alarm system project fails an inspection, the | | contractor must take corrective action aanecessary topass inspection. | | municipality, county, district, orother entity of local government may not adopt or maintain in effect any ordinance or rule regarding low-voltage alarm system project that ia inconsistent with this section. uniform basic permit label shall not be required for the subsequent maintenance, | inapeotion, or service of an alarm system that was permitted in accordance with this section. The provisions of this act are not intended to impose new or additional licensure requirements on persons licensed in accordance with the applicable provisions ofchapter 489, Florida Statutes. SECTION 106 FLOOR AND ROOF DESIGN LOADS 10G.1Live loads posted. Where the live loads for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed 50 paf (Z.4O kN/rnZ), such design live loads shall be conspicuously posted by the owner orthe owner's authorized agent in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices 106.2 Issuance of certificate of occupancy. Aoerfifioate of occupancy required by Section 111 shall not be issued until the floor load signs, required by Section 106.1, have been installed. 106.3 Restrictions on loading. It shall be unlawful to place, or cause or permit to be placed, on any floor or roof ofa building, structure or portion thereof, a load greater than is permitted by this code. SECTION 107 SUBMITTAL DOCUMENTS | 30 | Page 670 of 754 107.1 General. Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by Chapter 471, Florida Statutes & 61G15 Florida Administrative Code or Chapter 481, Florida Statutes & 61G1 Florida Administrative Code. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. Electronic media documents shall be submitted when required by the building official, in a format acceptable to the building official, and may require only one set of submittals. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. If the design professional is an architect, interior designer, or engineer legally registered under the laws of this state regulating the practice of architecture or interior design as provided for in Chapter 481, Florida Statutes, Part I, or landscape architecture as provided for in Chapter 481, Florida Statutes, Part II, or engineering as provided for in Chapter 471, Florida Statutes, then he or she shall affix his or her official seal to said drawings, specifications and accompanying data, as required by Florida Statute. 107.2 Construction documents. Construction documents shall be in accordance with Sections 107.2.1 through 107.2.6. 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations, as determined by the building official. Such drawings and specifications shall contain information, in the form of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the technical codes. Such information shall be specific, and the technical codes shall not be cited as a whole or in part, nor shall the term "legal" or its equivalent be used as a substitute for specific information. All information, drawings, specifications and accompanying data shall bear the name and signature of the person responsible for the design. 107.2.1.1 For roof assemblies required by the code, the construction documents shall illustrate, describe and delineate the type of roofing system, materials, fastening requirements, flashing requirements and wind resistance rating that are required to be installed. Product evaluation and installation shall indicate compliance with the wind criteria required for the specific site or a statement by an architect or engineer certifying suitability for the specific site must be submitted with the construction documents. 31 Page 671 of 754 107.2.1.2 Additional data. The building official may require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the building official to be prepared by an architect or engineer shall be affixed with their official seal, signature and date as state law requires. 107.2.1.3 Quality of building plans. Building plans shall be drawn to a minimum 1/8 inch scale upon substantial paper, cloth or other acceptable medium. The building official may establish, through Departmental policy, other standards for plans and specifications, including electronic format, in order to provide conformity to its electronic permit review and record retention program. This policy may include such things as minimum size, shape, contrast, clarity, or other items related to records management. Electronic media must be compatible with the archive requirements of Florida Statutes. 107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance to this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress including the path of the exit discharge to the public way in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, and I-1, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The construction documents shall include manufacturer's installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or 32 Page 672 of 754 modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. 107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1. 107.2.5.2 For the purpose of inspection and record retention, site plans for a building may be maintained in the form of an electronic copy at the worksite. These plans must be open to inspection by the building official or a duly authorized representative, as required by the Florida Building Code. 107.2.6 Structural information. The construction documents shall provide the information specified in Section 1603. 107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. Exceptions: 1. Building plans approved pursuant to Section 553.77(5), Florida Statutes, and state-approved manufactured buildings are exempt from local codes enforcing agency plan reviews except for provisions of the code relating to erection, assembly or construction at the site. Erection, assembly and construction at the site are subject to local permitting and inspections. Photocopies of plans approved according to FAC 61-41.009, Florida Administrative Code, shall be sufficient for local permit application documents of record for the modular building portion of the permitted project. 2. Industrial construction on sites where design, construction and fire safety are supervised by appropriately licensed design and inspection professionals and which contain adequate in-house fire departments and rescue squads is exempt, subject to approval by the building official, from review of plans and inspections, providing the appropriate licensed design and inspection professionals certify that applicable codes and standards have been met and supply appropriate approved drawings to local building and fire-safety inspectors. 107.3.1 Approval of construction documents. When the building official issues a permit, the construction document shall be approved, in writing or by stamp, as "Reviewed for Code Compliance." One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. 107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore 33 Page 673 of 754 issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. 107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted. 107.3.4 Design professional in responsible charge. Where it is required that documents be prepared by a registered design professional, the building official shall be authorized to require the owner or the owner's authorized agent to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner or the owner's authorized agent shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner or the owner's authorized agent if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Those products which are regulated by FAC Rule 61G20 shall be reviewed and approved in writing by the designer of record prior to submittal for jurisdictional approval. 107.3.4.1 Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. 107.3.4.2 Certifications by contractors authorized under the provisions of Section 489.115(4)(b), Florida Statutes, shall be considered equivalent to sealed plans and specifications by a person licensed under Chapter 471, Florida Statutes, or Chapter 481 Florida Statutes, by local 34 Page 674 of 754 enforcement agencies for plans review for permitting purposes relating to compliance with the wind-resistance provisions of the code or alternate methodologies approved by the Florida Building Commission for one-and two-family dwellings. Local enforcement agencies may rely upon such certification by contractors that the plans and specifications submitted conform to the requirements of the code for wind resistance. Upon good cause shown, local government code enforcement agencies may accept or reject plans sealed by persons licensed under Chapters 471, 481 or 489, Florida Statutes. 107.3.5 Minimum plan review criteria for buildings. The examination of the documents by the building official shall include the following minimum criteria and documents: a floor plan; site plan; foundation plan; floor/roof framing plan or truss layout; all fenestration penetrations; flashing; and rough opening dimensions; and all exterior elevations: Commercial Buildings: Building 1. Site requirements: Parking Fire access Vehicle loading Driving/turning radius Fire hydrant/water supply/post indicator valve (PIV) Set back/separation (assumed property lines) Location of specific tanks, water lines and sewer lines Flood hazard areas, flood zones, and design flood elevations 2. Occupancy group and special occupancy requirements shall be determined (with cross check with the energy code submittal). 3. Minimum type of construction shall be determined (see Table 503). 4. Fire-resistant construction requirements shall include the following components: Fire-resistant separations Fire-resistant protection for type of construction Protection of openings and penetrations of rated walls Fire blocking and draftstopping and calculated fire resistance 5. Fire suppression systems shall include: Early warning smoke evacuation systems Schematic fire sprinklers Standpipes Pre-engineered systems Riser diagram 35 Page 675 of 754 6. Life safety systems shall be determined and shall include the following requirements: Occupant load and egress capacities Early warning Smoke control Stair pressurization Systems schematic 7. Occupancy load/egress requirements shall include: Occupancy load Gross Net Means of egress Exit access Exit Exit discharge Stairs construction/geometry and protection Doors Emergency lighting and exit signs Specific occupancy requirements Construction requirements Horizontal exits/exit passageways 8. Structural requirements shall include: Soil conditions/analysis Termite protection Design loads Wind requirements Building envelope Impact resistant coverings or systems Structural calculations (if required) Foundation Flood requirements in accordance with Section 1612, including lowest floor elevations, enclosures, flood damage-resistant materials Wall systems Floor systems Roof systems Threshold inspection plan Stair systems 9. Materials shall be reviewed and shall at a minimum include the following: Wood Steel Aluminum 36 Page 676 of 754 Concrete Plastic Glass Masonry Gypsum board and plaster Insulating (mechanical) Roofing Insulation Building envelope portions of the Energy Code (including calculation and mandatory requirements) 10. Accessibility requirements shall include the following: Site requirements Accessible route Vertical accessibility Toilet and bathing facilities Drinking fountains Equipment Special occupancy requirements Fair housing requirements 11. Interior requirements shall include the following: Interior finishes (flame spread/smoke development) Light and ventilation (including corresponding portion of the energy code) Sanitation 12. Special systems: Elevators Escalators Lifts 13. Swimming pools: Barrier requirements Spas Wading pools 14. Location and installation details. The specific location and installation details of each fire door, fire damper, ceiling damper and smoke damper shall be shown and properly identified on the building plans by the designer. Electrical 1. Electrical: 37 Page 677 of 754 Wiring Services Feeders and branch circuits Overcurrent protection Grounding Wiring methods and materials GFCIs Electrical portions of the Energy Code (including calculation and mandatory requirements) 2. Equipment 3. Special occupancies 4. Emergency systems 5. Communication systems 6. Low voltage 7. Load calculations 8. Design flood elevation Plumbing 1. Minimum plumbing facilities 2. Fixture requirements 3. Water supply piping 4. Sanitary drainage 5. Water heaters 6. Vents 7. Roof drainage 8. Back flow prevention 9. Irrigation 38 Page 678 of 754 10. Location of water supply line 11. Grease traps 12. Environmental requirements 13. Plumbing riser 14. Design flood elevation 15. Water/plumbing portions of the Energy Code (including calculation and mandatory requirements) Mechanical 1. Mechanical portions of the Energy calculations 2. Exhaust systems: Clothes dryer exhaust Kitchen equipment exhaust Specialty exhaust systems 3. Equipment 4. Equipment location 5. Make-up air 6. Roof-mounted equipment 7. Duct systems 8. Ventilation 9. Combustion air 10. Chimneys, fireplaces and vents 11. Appliances 12. Boilers 13. Refrigeration 39 Page 679 of 754 14. Bathroom ventilation 15. Laboratory 16. Design flood elevation Gas 1. Gas piping 2. Venting 3. Combustion air 4. Chimneys and vents 5. Appliances 6. Type of gas 7. Fireplaces 8. LP tank location 9. Riser diagram/shutoffs 10. Design flood elevation 11. Gas portions of the Energy Code (including calculation and mandatory requirements) Demolition 1. Asbestos removal Residential (one- and two-family): 1. Site requirements: Set back/separation (assumed property lines) Location of septic tanks 2. Fire-resistant construction (if required) 3. Smoke detector locations 4. Egress 40 Page 680 of 754 Egress window size and location stairs construction requirements 5. Structural requirements shall include: Wall section from foundation through roof, including assembly and materials, connector tables,and structural calculations if re uired Termite protection Design loads Wind requirements Building envelope Foundation Wall systems Floor systems Roof systems Flood hazard areas, flood zones, design flood elevations, lowest floor elevations, enclosures, equipment, and flood damage-resistant materials 6. Accessibility requirements: show/identify accessible bath 7. Impact resistant coverings or systems 8. Residential Energy Code submittal (including calculation and mandatory requirements) 9. Electrical: Electric service riser with wire sizes, conduit detail and grounding detail Complete load calculations, Panel schedules 10. Mechanical: Equipment and location, Duct systems 11. Plumbing: Plumbing riser 12. Gas: Gas piping Venting Combustion air 41 Page 681 of 754 Chimneys and vents Appliances Type ofgas Fireplaces LPtank location Riaerdiagran`/ahutoffs 13. Energy Calculations 14. Swimming Pools Barrier requirements Spas Wading pools Man ufa,ctu red_build Site r`�E' Uire�ME'ntz 2. Structural Wind zone. Anchorine BloLking Exhaust swsterns 5. Electrical exterior disconnect location Exemptions. Plans examination by the building official shall not be required for the following work: | 42 | Page 682Of754 I. Replacing existing equipment such as mechanical units, water heaters, etc.; -1-,1.. Reroofsla m t r i_E mby_Icr�!l_ Lari irtona; 5o___m Minor electrical, plumbing and mechanical repairs; 4o___m Annual maintenance permits; 5o___m Prototype plans: Except for local site adaptions, siding, foundations and/or modifications. Except for structures that require waiver; or ,° 6.. Manufactured buildings plan except for foundations and modifications of buildings on site and as listed above in manufactured buildings/housing. 107.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. 107.5 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. 107.6 Affidavits. The building official may accept a sworn affidavit from a registered architect or engineer stating that the plans submitted conform to the technical codes. For buildings and structures, the affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement and, if accompanied by drawings, show the structural design and that the plans and design conform to the requirements of the technical codes as to strength, stresses, strains, loads and stability. The building official may without any examination or inspection accept such affidavit, provided the architect or engineer who made such affidavit agrees to submit to the building official copies of inspection reports as inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance with the requirements of the technical codes. Where the building official relies upon such affidavit, the architect or engineer shall assume full responsibility for compliance with all provisions of the technical codes and other pertinent laws or ordinances. The building official shall ensure that any person conducting plans review is qualified as a plans examiner under Part XII of Chapter 468, Florida Statutes, and that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes. Nothing aforesaid shall preclude plan review or inspections by the building official (5.gp retic E 1.( 01.- 0 3.07.6.3. Building permits issued on the basis of an affidavit in special flood hazard areas. Pursuant: :q :h r !lir nt __caf_f r I__r a!j2 ion--fc r__ g_r�._i i tion__in�:_h _-N—ati�n I__ I-o-od__I_E u-r-anr __P-12E. _( _L _._E.__Part t-----------------------------i/d _�f' :LEt- i s __p , mm 2 � � insp :ican �__a d_t __ r �p: pl m conn:ruc�:ion documen�:s on �:he basis of affidavi�:s and pl m _ _ __ _ _ _ _ _ _ _____ _ _ _ __ --a ff _________ seb um-:pd_ pear aa2_atm to ect:ions 1.0501.4 and 10706 shall not extend to the flood load and flood resistance construction requirements of the Florida Fuildin Code. 43 Page 683 of 754 SECTION 108 TEMPORARY STRUCTURES AND USES 108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 108.2 Conformance. Temporary structures and uses shall comply with the requirements in Section 3103. 108.3 Temporary power. The building official is authorized to give permission to temporarily supply and use power in part of an electric installation before such installation has been fully completed and the final certificate of completion has been issued. The part covered by the temporary certificate shall comply with the requirements specified for temporary lighting, heat or power in NFPA 70. 108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure to be removed or use to be discontinued. SECTION 109 FEES 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 109.1.1 Other fees. A permit shall not be issued until all other fees associated with said permit are paid. Other fees may include additional fees, penalty fees, water and sewer capital facility fees, City Park & Recreation fees, Fire Division fees, City Green Building Fee, Palm Beach County Impact fees and State of Florida fees. Water and sewer facility fees are established in Chapter 26 of the City of Boynton Beach Code of Ordinances. The Fire Division fees are established in Chapter 9 of the City of Boynton Beach Code of Ordinances. The City Green Building fee is established in the City of Boynton Beach Code Land Development Regulations Chapter 2, Article 1, Section 5. The city may elect to collect Palm Beach County Impact fees that include fees for Roads, Public Buildings, Schools and Parks. The city collects State of Florida surcharge fees for the Radon Trust Fund (Radon) and Building Code Administrators and Inspectors Fund (BCAIF). When applicable, the administrative portion of the Art in Public Places fee (30% of the total Art fee) is due prior to permit issuance. 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. 3.09.2.- m f_F _Ent m r Fees_ma _ __ hg_r _formbul._not:_limite-d--o--the followin : 44 Page 684 of 754 Administrative fees (including fees for invest 12-ative and 11"Cal costs incurred in the context of certain discilolinary cases heard b�oard re Administrative a ea s, Violationsand 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official. 109.3.1 Exemptions. Manufacturing Equipment: For the purposes of calculating permit fees the cost of equipment used in the process of manufacturing a product shall be exempt from paying permit fees for any portion of the cost greater than $1O,OOOdollars ifthe following criteria are met: 1. Equipment must have a replacement cost and/or purchase cost greater than $10,000 dollars per each piece ofequipment tobeexempted. Z. Equipment must bepurchased directly bythe owner. 3. Equipment cannot not be an integral part of the building, building envelope, building system, and/or essential tothe operation ofthe building. 4. The nature of equipment shall be that if business was to cease to exist or relocate the equipment would beeasily removed from the building. Note: All, electric, piping, mounting, structural connections, attachment of auxiliary equipment necessary to operate the manufacturing equipment will be included in permit valuation and subject topermit fees. | | 45 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits or without prior approval from the building official as permitted in Section 105.2.2 or 105.12 shall be subject to a fee established by the building official that shall be in addition to the required permit fees or as provided by local ordinance. This provision shall not apply to emergency work when delay would clearly have placed life or property in imminent danger. But in all such cases the required permit(s) must be applied for within - cne 1.) business da and any unreasonable delay in obtaining those permit(s) shall result in the charge of a h. uadruplp fee. The payment of a 4& . h. uadruplp fee shall not preclude or be deemed a substitute for prosecution for commencing work without first obtaining a permit. The building official may grant extensions of time or waive fees when justifiable cause has been demonstrated in writing. 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 109.6 Refunds. 41 ' f :All ermit fees under this section are non-refundable and non-transferable. SECTION 110 INSPECTIONS 110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain accessible and exposed for inspection purposes. The buildin otficial shall be ermined to re airs a boundar line surve n-oared b a ualified surve or whenever the boundar lines cannot: be readil determined in the field. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. 110.1.1 Manufacturers and fabricators. When deemed necessary by the building official, he/she shall make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and of all violations of the technical codes. 1.1 .1.2---In j_ r1__ rvip . The---building__OffkLq1_ma-Y_m 2kp,__ r__ a_aa p__�:o_mb _m ,__th _n p�Lon rerq it Id Section 1.1.O. He_or she ma r_ r p �m__rpports ofmdivision insp r�c�r � ipd p� ��: in ctor m_m m____________ ______ ____________________ m_ m _______________________ m_ __ ______ or of reco nized ins ec�:ion services rovided :hat after investi ation he/she is satisfied as to their licensure ualifica�:ions and reliabili�: o A certifica�:e re aired b an rovision of :his code shall nod: 46 Page 686 of 754 be based on such _repjg�Lt.§�__L!nIf�s the same are recorded -Ly I i cod � i s ector or the shall ensur accordance to ChaPter 468 Florida Statues. The building official may require the owner to employ an inspection service in the following instances: 1. For buildings oradditions ofType | construction; Z. For all major structural alterations; 3. Where the concrete design is based on compressive strength in excess of 3000 pounds per aquareinoh; 4. For pile driving; 5. For buildings with anarea greater than ZO,OOOsquare feet; 6. For buildings more than two stories inheight; or 7. For buildings and structures of unusual design or methods of construction. Such inspectors shall bepresent when work iaunderway onthe structural elements_ofthe building to adequately attest toits oornp|ianoe. Such inspectors shall bea_regiateredarchitect, orengineer. An employee of the architect or engineer licensed-under Chapter 468, Part XII, Florida Statutes may perform the inspections, under the_direction ofand vvithfinal certification frornthe architect or | | engineer. _Such inspectors_ahaUrn aubitweekly progress reports including the daily inspections tothe bui|dineoffoia|, andindudingaoodeoornp|ianoeopinionofthereaidentinapeotor. | Atthe completion ofthe construction work orproject, thearohiteotorengineeraha|| aubrnita certificate of compliance to the building official, stating that the work was-done in compliance with this code and in accordance with the permitted drawing._Final inspection shall be made by the building official before aCertificate ofOccupancy or[erL�ioateofCornp|etioniaissued; and confirmation inspections rnay_be made at any time to monitor activities and resident inspectors. | | 47 i 110.1.3 Affidavit for inspection. With specific prior approval of, and in a format_acceptable to the building official, an affidavit for certification of inspection may be_accepted from the permit qualifier; when accompanied by extensive photographic_evidence of sufficient detail to demonstrate code compliance. The photographicevidence shall be comprehensive in the display of the installation and/or construction_and job location identifiers. The affidavit and accompanying photographs shall be_provided to the inspector onsite, at the next scheduled inspection. If the photographs_are found to be insufficient by the building official to demonstrate compliance with thiscode and/or the permitted document, or clearly display location identifiers, or are®missing, the inspector shall require the contractor to obtain the services of a Registered Florida Professional Engineer to inspect and certify the installation and/or construction. 110.1.3.1 Exception: Affidavits may not be accepted for inspection of—elements of construction which require inspection by the local jurisdiction under the requirements of 44CFR59 and 44CFR60 and the local flood damage prevention ordinance. 110.2 Preliminary inspection. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures and sites for which an application has been filed. 110.2.1 Existing building inspections. Before issuing a permit, the building official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He/she may inspect the buildings, structures, electrical, gas, mechanical and plumbing systems, from time to time, before, during and upon completion of the work for which a permit was issued. He/she shall make a record of every such examination and inspection and of all observed violations of the technical codes. Additional regulations in Florida Building Code, Existing Building Volume, may apply. 110.3 Required inspections. The building official upon notification from the permit holder or his or her agent shall make the following inspections, end such other&ae4-inspections.as deemed necessary and shall either release that portion of the construction or shall notify the permit holder or his or her agent of any violations which must be corrected in order to comply with the technical codes. The building official shall determine the timing and sequencing of when inspections occur and what elements are inspected at each inspection. A complete survey, or special purpose survey may be required before an inspection is approved. A. Building 1. Foundation inspection. To be made after trenches are excavated, forms erected and required reinforcing steel is in place, . ��. The Foundation ins ection shall at a minimum include the following building components: • Stem-wall 48 Page 688 of 754 • Monolithic slab-on-grade • Piling_g_E /pile caps • Foot_t&�Jgrade beams 1.1. Slab Inspection: Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. A foundation/Form board survey prepared and certified by a registered surveyor may be required, prior to approval of the slab inspection. The survey shall certify placement of the building on the site, illustrate all surrounding setback dimensions and shall be available at the job site for review by the building inspector._In lieu_of_p 2y d_iD�g__a__ Garvey,the contrac�.or_ma�r elect to m_ _ _ ______________ ------------------- uncover m _ - uncover a11__ fcgp rt. _ line markers and stain -asp___21I__..p_Lgp m ___Ii ___!n___pr r :ica for ___________________ ______ _______________ _________ __________ m_ ins ec�:iono A�: con�:rac�:ors own risko 1.2. In flood hazard areas, upon placement of the lowest floor, including basement, and prior to further vertical construction, the elevation certification shall be submitted to the. uthoril: havin e contractor shall meed: the minimum requirements for Habitable Finish Floor above the crown of the road er Chap: _r_4,m rt.icle_X,__ lo-od--?r v ntic n__f- c aairements of the L- R. 2. Construction Inspections 2.1 Lintel/tie beams/columns/masonry units. To be made after masonry units, forms, reinforcing steel, shoring, conduit, piping accessories, and other ancillary equipment items are in place, but before any concrete is placed. 2.2 Sheathing inspection. To be made either as part of a dry-in inspection or done separately at the request of the contractor after all roof and wall sheathing and fasteners are complete and shall at a minimum include the following building components: • Roof sheathing • Wall sheathing • Floor sheathing • Sheathing fasteners • Roof/wall dry-in. • Gypsum board, as required • Sheathing/cladding inspection NOTE: Sheathing fasteners installed and found to be missing the structural member (shiners) shall be removed and corrected prior to installation of the dry-in material. 49 Page 689 of 754 E q ( r m_ring_ ha_E_kmnails_shall be ben�:_over and_a_new_fas-tener_installedo _.___ - 2.3 Framing inspection. To be made after the roof deck or sheathing, all framing, fireblocking and bracing is in place, all concealed wiring, all pipes, chimneys, ducts and vents are complete and shall at a minimum include the following building components: • Window/door framing and installation. Verify rough opening dimensions are within tolerances, buck and attachments. • Lintel/tie beams complete, if applicable. • Framing/trusses/bracing/connectors (including truss layout drawings) • Draft stopping/fire blocking • Curtain wall framing • Fire resistant assemblies, joints and penetrations, as required • Accessibility. 3. Roofing inspection. Shall at a minimum include the following building components: • Dry-in • Insulation • Roof coverings (including in-progress) • Flashing 4. Energy insulation, thermal and ignition barriers 5. Lath/Drywall. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Gypsum board that is not part of a fire-resistance- rated assembly or a shear assembly, unless otherwise determined by the building official. 6. Final inspection.To be made after the building) clay i ,-----J---------------------llsub-trade ins c is are completed and ready for occupancy. 6.1. Elevation Certificate. As part of the final inspection, an elevation certificate shall be submitted to the authority having jurisdiction. 6020 A final surve re aced and certified b a re ist red surve or ma be re aired at ____ ___________________________________________m _---------g________----_________________Y____________m _____________ _________________. time of final inspection when applicable, --------------------------------- 50 Page 690 of 754 7. Swimming pool inspection. • First inspection to be made after excavation and installation of reinforcing steel, bonding and main drain and prior to placing of concrete shell. • Underground electric inspection • Underground piping inspection including a pressure test • Deck inspection: to be made prior to installation of the deck material (with forms, deck drains, and any reinforcement in placed. • Final electric inspection to be made prior to filling the swimming pool with water. • Final permanent barrier inspection to be made prior to filling the swimming pool with water. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 4-24454.2.17 of this code. • Final inspection to be made when the swimming pool is complete and all required enclosure requirements are in place. • In order to pass final inspection and receive a certificate of completion, a residential swimming pool must meet the requirements relating to pool safety features as described in Section 4-24454.2.17 of this code. 8. Demolition inspections. • First inspection to be made after all utility connections have been disconnected and secured in such--a manner that no unsafe or unsanitary conditions shall exist during or after demolition operations. • Final inspection to be made after all demolition work is completed. 9. Manufactured building inspections. The division---of building-- safety. shall inspect construction of foundations; connecting buildings to foundations; installation__ _ of parts identified on plans as site installed items, joining the modules, including utility crossovers; utility connections from the building to utility lines on site; and any other work done on site which requires compliance with the Florida Building Code. Additional inspections may be required for public educational facilities (see Section 423.27.20 of this code). 10. Where impact-resistant coverings or impact resistant systems are installed- *: the building official shall schedule adequate inspections of impact- resistant coverings or impact resistant systems to determine the following: • The system indicated on the plans was installed. • The system is installed in accordance with the manufacturer's installation instructions and the product approval. Electrical 51 Page 691 of 754 1. Underground inspection. To be made after trenches or ditches are excavated, conduit or cable installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and prior to the installation of wall or ceiling membranes. 3. Low Volt e: To be made for securit t alarm elevator and s ecial uses. . Final inspection. To be made after the building I r:ri al r : is complete, all required electrical fixtures are in place and properly connected or protected, and the structure is ready for occupancy. 5. Existing Swimming Pools. To be made after all repairs or alterations are complete, all required electrical equipment, GFCI protection, and equipotential bonding are in place on said alterations or repairs. Plumbing 1. Underground inspection. To be made after trenches or ditches are excavated, piping installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fireblocking and bracing is in place and all soil, waste and vent piping is complete, and prior to this installation of wall or ceiling membranes. -includes plumbing provisions of the energy code and approved calculations provisions. 3. Final inspection. To be made after the building_._ laa iD __ yjjg is complete, all plumbing fixtures are in place and properly connected, and the structure is ready for occupancy. Note: See Section 312 of the Florida Building Code, Plumbing for required tests. Mechanical 1. Underground inspection. To be made after trenches or ditches are excavated, underground duct and fuel piping installed, and before any backfill is put in place. 2. Rough-in inspection. To be made after the roof, framing, fire blocking and bracing are in place and all ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes. -includes mechanical provisions of the energy code and approved calculations provisions. 52 Page 692 of 754 3. Final inspection. To be made after the building mechanical system is complete, the mechanical system is in place and properly connected, and the structure is ready for occupancy. Gas 1. Rough piping inspection. To be made after all new piping authorized by the permit has been installed, and before any such piping has been covered or concealed or any fixtures or gas appliances have been connected. -includes gas provisions of the energy code and approved calculations provisions. 2. Final piping inspection. To be made after all piping authorized by the permit has been installed and after all portions which are to be concealed by plastering or otherwise have been so concealed, and before any fixtures or gas appliances have been connected. This inspection shall include a pressure test. 3. Final inspection. To be made on all new gas work authorized by the permit and such portions of existing systems as may be affected by new work or any changes, to ensure compliance with all the requirements of this code and to assure that the installation and construction of the gas system is in accordance with reviewed plans. Site Debris 1.The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and removal of all construction debris or any other miscellaneous discarded articles during the course of the construction project and prior to receiving final inspection approval. Construction job sites must be kept clean and in a safe condition at all times. 2.All debris shall be kept in such a manner as to prevent it from being spread by any means. 110.3.1 Footing and foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 110.3.2 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. 110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification shall be submitted to the building official. 53 Page 693 of 754 110.3.4 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, heating wires, pipes and ducts are approved. 110.3.5 Lath, gypsum board and gypsum panel product inspection. Lath, gypsum board and gypsum panel product inspections shall be made after lathing, gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished. Exception: Gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly. 110.3.6 Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance rated assemblies, smoke barriers and smoke partition shall not be concealed from view until inspected and approved. 110.3.7 Energy efficiency inspections. Inspections shall be made to determine compliance with FBC, Energy Conservation and-confirm with the approved energy code submittal (by appropriate trade) and corresponding mandatory requirements and shall include, but not be limited to, inspections for: corresponding envelope insulation R- and U-values, fenestration U-value and Solar Heat Gain Coefficient, duct system R-value, and HVAC, lighting, electrical and water-heating equipment efficiency. 110.3.8 Other inspections. In addition to the inspections specified in Sections 110.3 through 110.3.7, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the division. of building safe1y. 110.3.9 Special inspections. Reserved. 444-.340-13.0.3.3.0 Ins ectionsprior to issuance of Certificate of Occunanc or Completion. The buildin official shall ins eco: or cause �:o be ins ec�:ed a�:various in�:ervals all cons�:ruc�:ion or work for which a ermi�: is re aired and a final ins ec�:ion shall be made of every buildi-a structure electrical gas___ �hanical or lumbin s s�:em a on com l Aion rior �:o �:he issuance of the Certificate of _____ _______________ ___my________________ __________________ _______________ ________________________________________________________________________________________________. C?ccu D _------------------------------car C:a rificate__of Com l 1:io!m__I __ rf i ins :io __t bu din mc�fficial_ or desi� ________________ m _ m __ _ m _ _________ ___ ir m__ ric ri: i r ica of-the--go mraarmica a_ i:icaC me r r cafe :i n �:o, an ities 3.10.3.31. Final inspection. The final inspection shall be made after all work required by the building permit is completed. 110.3.10.1 Flood hazard documentation. If located in a flood hazard area, shall be submitted to the building official prior to the final inspection. 54 Page 694 of 754 110.3.10.2 Energy Code documentation. If required by energy code path submittal, confirmation that commissioning result requirements have been received by building owner. 110.3.11 Termites. Building components and building surroundings required to be protected from termite damage in accordance with Section 1503.7, Section 2304.13 or Section 2304.11.6, specifically required to be inspected for termites in accordance with Section 2114, or required to have chemical soil treatment in accordance with Section 1816 shall not be covered or concealed until the release from the building official has been received. 110.3.12 Impact resistant coverings or systems. Where impact resistant coverings or systems are installed to meet requirements of this code, the building official shall schedule adequate inspections of impact resistant coverings or systems to determine the following: 1. The system indicated on the plans was installed. 2. The system is installed in accordance with the manufacturer's installation instructions and the product approval. 110.4 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 110.5 Inspection requests. It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. 110.6 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official. 110.7 Shoring. For threshold buildings, shoring and associated formwork or falsework shall be designed and inspected by a Florida licensed professional engineer, prior to any required mandatory inspections by the threshold building inspector. 110.8 Threshold building. 110.8.1 The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. The purpose of the 55 Page 695 of 754 structural inspection plans is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector may not serve as a surrogate in carrying out the responsibilities of the building official, the architect, or the engineer of record. The contractor's contractual or statutory obligations are not relieved by any action of the special inspector. 110.8.2 The special inspector shall determine that a professional engineer who specializes in shoring design has inspected the shoring and reshoring for conformance with the shoring and reshoring plans submitted to the enforcing agency. A fee simple title owner of a building, which does not meet the minimum size, height, occupancy, occupancy classification, or number-of-stories criteria which would result in classification as a threshold building under Section 553.71(7), Florida Statutes, may designate such building as a threshold building, subject to more than the minimum number of inspections required by the Florida Building Code. 110.8.3 The fee owner of a threshold building shall select and pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed or registered under Chapter 471, Florida Statutes, as an engineer or under Chapter 481, Florida Statutes, as an architect. 110.8.4 Each enforcement agency shall require that, on every threshold building: 110.8.4.1 The special inspector, upon completion of the building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: "To the best of my knowledge and belief, the above described construction of all structural load-bearing components complies with the permitted documents, and the shoring and reshoring conforms to the shoring and reshoring plans submitted to the enforcement agency." 110.8.4.2 Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents. 110.8.4.3 All shoring and reshoring procedures, plans and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected and certified to be in compliance with the shoring documents by the contractor. 110.8.4.4 All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes and the applicable fire-safety standards as determined by the local authority in accordance with this Section and Chapter 633, Florida Statutes. 110.8.5 No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in Section 489.105(3)(a), Florida Statutes, or to a 56 Page 696 of 754 licensed building contractor, as defined in Section 489.105(3)(b), Florida Statutes, within the scope of her or his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management and control of the construction activities on the project for which the building permit was issued. 110.8.6 The division of_building& i -safe y may allow a special inspector to conduct the minimum structural inspection of threshold buildings required by this code, Section 553.73, Florida Statutes, without duplicative inspection by the division of building 4ivisk3ff safei:y.The building official is responsible for ensuring that any person conducting inspections is qualified as a building inspector under Part XII of Chapter 468, Florida Statutes, or certified as a special inspector under Chapter 471 or 481, Florida Statutes. Inspections of threshold buildings required by Section 553.79(5), Florida Statutes, are in addition to the minimum inspections required by this code. 110.9 Impact of construction. All construction activity regulated by this code shall be performed in a manner so as not to adversely impact the condition of adjacent property, unless such activity is permitted to affect said property pursuant to a consent granted by the applicable property owner, under terms or conditions agreeable to the applicable property owner. This includes, but is not limited to, the control of dust, noise, water or drainage f'4pveff&run-offs, debris, and the storage of construction materials. New construction activity shall not adversely impact legal historic surface water drainage flows serving adjacent properties, and may require special drainage design complying with engineering standards to preserve the positive drainage patterns of the affected sites. Accordingly, developers, contractors and owners of all new residential development, including additions, pools, patios, driveways, decks or similar items, on existing properties resulting in a significant decrease of permeable land area on any parcel or has altered the drainage flow on the developed property shall, as a permit condition, provide a professionally prepared drainage plan clearly indicating compliance with this paragraph. Upon completion of the improvement, a certification from a licensed professional, as appropriate under Florida law, shall be submitted to the inspector in order to receive approval of the final inspection. 1-3.0.10-Stormm h utte r_Pl ace r n __ u rin.g_ l rrj_q r- __ n. -m =_-_ =_ .__ ft r t-h t a r m_i n a t-i-a n__caf_ u c h__ r i ca _2 _li t h im__h __b n an int: __! _l h m l t-i-o n I Weather Service as bein a hurricane watch or warnin ,__h_yrric _ rot:ect:ive devices installed on _______________________________________________________g_______________--------------------------------------------------g _______ ________________________________________________________. occupi ___b_uiIdin _mwhith___ian d __r 9 irk __m gr _m p_ __r, uir ___I! h�m___a_�! ___ventilad:ion___shaII___be removed_wi�:hin_T1S days_ _ _____ __ _m __ _____ _ ________________________ _________ SECTION 111 CERTIFICATE OF OCCUPANCY 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a 57 Page 697 of 754 certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits under Section 105.2. 111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the d_iv-ision__of__building safe: , the building official shall issue a certificate of occupancy that contains the following: 1. The building permit number. 2. The address of the structure. 3. The name and address of the owner or the owner's authorized agent. 4. A description of that portion of the structure for which the certificate is issued. 5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. 6. For buildings and structures in flood hazard areas, a statement that documentation of the as-built lowest floor elevation has been provided and is retained in the records of the authority having jurisdiction 7. The name of the building official. 8. The edition of the code under which the permit was issued. 9. The use and occupancy, in accordance with the provisions of Chapter 3. 10.The type of construction as defined in Chapter 6. 11.The design occupant load. 12. If an automatic sprinkler system is provided, whether the sprinkler system is required. 13. Any special stipulations and conditions of the building permit. 6`"C YJ[.... ' ,. �"P."tt '.,. fe.r.`v . ,r,6,� ..r,.,`v...c, � �,�"" _�'•,: '.},. ~ �n,.�r� f�. +.�.. �c 'L,y,.., ...' , ", 58 Page 698 of 754 I— �g _y issues have been tificate of Completion i -ranted The ou hundred te of the estimated value of the remaini ';a- work, includi ';a labor and material as determined b)t the desM,- 'Professional. The design professional shall submit I haned and sealed document attest i i red to cover the cash_su rety_.__!f_2nL�__has not been_coMp 2nd all finals... 90 dgLyL__2f__issuance of the initial Temp .2[g.LyjEg.Etj-a I Certificate of 02�uLP2.DLY---of Certificate__of official retains_the _rig�j .2 surrender the cash surel . The buildi �- official then may use the surel to finish the remainine work, The surel shall be in the form of cash mone t certified check. or cashiers check. The suret .-hall be turned pon roval of all final in ections and on written r uest that haLbeen a22rovedby the for construction must be secured_pf�aLj..2j._Lis_provis o _be n _a p_!ied. 111.4 Revocation. The buildingiaauthorized to, inwriting, suspend orrevoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis ofincorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. 111.5 Certificate of Conmp|etion. A Certificate of Completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to occupy a building, such as shell building, prior to the issuance ofaCertificate ofOccupancy. 2_q��L!p2.aqy, ma not b used for the transaction of an commerce. Such i i,ir)Droval must be conditioned Moon the :pproval of the Fire Marshal, when ---licable. 3.13.1 Djigjft:�[_Submittal Re 'rements for New Construction. 131.1-2 Subdivision_Top2gU�ph_y! official is authorized to r uire the submittal of | 59 | Page 699 of 754 SECTION 112 SERVICE UTILITIES 112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 101.4 in case of emergency where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. SECTION 113 BUILDING BOARD OF ADJUSTMENT AND APPEALS 113.1 Appointment. There is hereby established a board to be called the Building Board of Adjustment and Appeals, which shall consist of seven members and two alternates. The applicable governing body shall appoint the Board. 113.2 Membership and Terms. 113.2.1 Membership. The Building Board of Adjustment and Appeals shall consist of seven members. Such board members shall be composed of individuals with knowledge and experience in the technical codes to include, to the greatest extent possible, an architect, engineer, general contractor, electrical contractor, HVAC contractor, plumbing contractor, and any other contractor licensed category. In addition to the regular members, there should be two alternate members, one member with the qualifications referenced above and one member at large from the public. A board member shall not act in a case in which he or she has a personal or financial interest. 113.2.2.1 Terms. The terms of office of the board members shall be staggered so no more than one-third of the board is appointed or replaced in any 12-month period. The two alternates, if 60 Page 700 of 754 appointed, shall serve one-year terms. Vacancies shall be filled for an unexpired term in the manner in which original appointments are required to be made. 113.2.2.2. Removal from office. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as a failure to attend three (3) consecutive meetings or a failure to attend more than one-half of the meetings scheduled during a calendar year. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Members removed pursuant to this provision shall not continue to serve on the board and such removal shall create a vacancy. 113.2.3 Quorum and voting. A simple majority of the board shall constitute a quorum. In varying any provision of this code, the affirmative votes of the majority present, but not less than three affirmative votes, shall be required. In modifying a decision of the building official, not less than four affirmative votes, but not less than a majority of the board, shall be required. In the event that regular members are unable to attend a meeting, the alternate members, if appointed, shall vote. 113.2.4 Secretary of board. The building official or his/her authorized representative shall act as secretary of the board and shall make a record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member, and any failure of a member to vote. 113.3 Powers. The Building Board of Adjustments and Appeals shall have the power, as further defined in 113.4 of this code, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. 113.4 Appeals. 113.4.1 Decision of the building official. The owner of a building, structure or service system, or duly authorized agent, may appeal a decision of the building official to the Building Board of Adjustment and Appeals whenever any one of the following conditions are claimed to exist: 61 Page 701 of 754 1. 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. 2. The provisions of this code do not apply to this specific case. 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. 113.4.2 Variances. The Building Board of Adjustments and Appeals, when upon written request, has been so appealed to and after a hearing, 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 spirit and purpose of this or the technical codes or public interest, and also finds all 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 variance 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 variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. 62 Page 702 of 754 113.4.2.1 Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. 113.4.3 Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the building official renders the decision. Appeals shall be in a form acceptable to the building official. 113.4.4 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, is unsafe, unsanitary or dangerous, the building official may, in the order, limit the time for such appeals to a shorter period. 113.5 Procedures of the board. 113.5.1 Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairman, subsequent to a request to call a meeting by the secretary. The board shall meet within 30 calendar days after notice of appeal has been received. 113.5.1.1 Rules of Evidence. Formal rules of evidence shall not apply, but fundamental due process should be observed and govern the proceedings. Upon determination by the chairman, irrelevant, immaterial, or unduly repetitious evidence may be excluded, but all other evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form. The Board may request certain evidence from the petitioner to be provided by an architect or engineer registered in the State of Florida, in which case, said evidence shall be signed, sealed, and dated. 113.5.1.2 Testimony. Any member of the Board or the attorney representing the Board may inquire of, or question, any witness before the Board. Any member of the Board, the petitioner or his/her attorney, and/or the building official shall be permitted to inquire of any 63 Page 703 of 754 witness before the Board. The Board may consider testimony presented by the building official, the petitioner, or any other witness. 113.5.2 Decisions. The Building Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final; subject however to such remedy as any aggrieved party might have at law or in equity. 113.6 Local Construction Regulation Board. The local government may also utilize this Board to convene as the Local Construction Regulation Board (LCRB), as provided in Florida Statute 489.113. The LCRB may deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if the LCRB has found such contractor, through public hearing, to be guilty of fraud or a willful building code violation within the county or municipality that the LCRB represents. The LCRB may also, deny, suspend, revoke or limit the authority of a certified contractor to obtain a building permit or permit with specific conditions, if it has proof through the public hearing process, that a contractor has been found guilty in another county or municipality within the past 12 months, of fraud or a willful building code violation and after providing notice of an opportunity to be heard to the contractor, finds that such fraud or violation would have been fraud or a violation if committed in the county or municipality that the LCRB represents. Notification of and information concerning such permit denial shall be submitted to the division within 15 days after the LCRB decides to deny the permit. 64 Page 704 of 754 SECTION 114 VIOLATIONS 114.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 114.3 Prosecution of violation. If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. 114.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. 1.1.4.5 Enforcement. Nothing in :his section shall prevent the authorit I havin °urisdiction from im Dain. fines liens or seek in°unctive relief or exercisin other enforcemeni Dowers a oermit.t.ed b lawn Bode enforcement: and enalties of Cha ter 1.62 Florida Statutes Fart I shall be authorized if buildin work be ins without oa mend: of all re uired fees and for the ur Dees of enforcin :his code code officials licensed under Florida Statute 468 Fart X11 are deemed "Bode Ins ectors," defined inFloridamStatute 1.6?0040 SECTION 115 STOP WORK ORDER 115.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. 115.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, the owner's authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the 65 Page 705 of 754 order and the conditions under which the cited work will be permitted to resume._Whe_re an e= ! y exis�:s �:he buildin official shall nod: be re aired �:o .ive a wri�:�:en no�:ice rior�:o s�:o in �:he worko 115.3 Unlawful continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. SECTION 116 UNSAFE STRUCTURES AND EQUIPMENT 116.1 Unsafe buildings or systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be ordered by the building official to be abated by the owner, through repair and rehabilitation or by demolition in accordance with the this Code. The extent of repairs shall be determined by the building official. When the building official determines that an unsafe building, structure, or service system cannot be reasonably repaired in accordance with this or the technical codes, it shall be demolished in accordance with this section. 116.1.1 When the building official determines a building, structure, electrical, gas, mechanical or plumbing system or portion thereof is unsafe, as set forth in this Code he/she shall provide the owner, agent or person in control of such building, structure, electrical, gas, mechanical or plumbing system a written notice of violation stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, structure, electrical, gas, mechanical or plumbing system or portion thereof. 116.1.1.1 In addition to the written notice being sent by certified mail, return receipt requested to the record owner(s) of the real property upon which the unsafe building, structure, system is located, the building official shall post a copy of the notice in a conspicuous place in City Hall, upon the building, structure or system, and a copy shall be recorded in the public records of Palm Beach County. 116.1.1.2 In addition, a copy of the notice, as outlined in this sub-section, shall be published simultaneously for two consecutive weekends in a newspaper of local circulation. Such notice shall be substantially in the following form: 66 Page 706 of 754 NOTICE OF INTENT TO DEMOLISH OR SUBSTANTIALLY REPAIR AND INSPECT (Insert Date of Notice) The owner or other interested parties for the structure located at (address), are hereby notified that the City of Boynton Beach, Florida will proceed to have the building, structure or system repaired, demolished or removed (insert stipulated time) after the date of this Notice, if said building, structure or system is not substantially repaired, demolished or removed by that date. All costs incurred by the City in connection with the repair, demolition or removal will be assessed against the property. If, as a result of this Notice, the building, structure or system is substantially repaired, demolished, or removed by the owner, notice is hereby given that work to abate the unsafe condition requires building permits and inspections for code compliance, and all related fees are required to be paid prior to performing the work or receiving certification of code compliance. To request an extension of time, the owner should contact (Contact Person and Phone Number) within ten (10) days of the date of this Notice. Said request for extension must be made in writing to the building official. An affected owner or duly authorized agent has the right to appeal this action to the Building Board of Adjustment and Appeals. An application of appeal should be filed in writing and hearing costs paid by the affected owner or duly authorized agent, at the City of Boynton Beach Building Division Office, within (insert stipulated time) of the date of this Notice. The fee to cover hearing costs shall be established by ordinance. 116.1.1.3 Evidence that an attempt has been made to hand deliver or mail the Notice, as provided herein, together with a copy of the recorded "Notice of Intent to Demolish or Substantially Repair and Inspect" at the Clerk of the Court Office, and proof of publication, shall be sufficient to show that the notice requirements of this Section have been met, without regard to whether or not the owner actually received said notice. 67 Page 707 of 754 116.1.2 If necessary, the notice shall also require the building, structure, electrical, gas, mechanical, plumbing systems or portion thereof to be vacated and/or disconnected, and not reoccupied and/or reconnected until the specified repairs and improvements are completed, inspected and approved by the building official. The building official shall post at each entrance to the building a placard stating: THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING OFFICIAL. This placard shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation or its officers, agents, or other servants, to remove the posting without written permission of the building official, or for any person to enter the building, or use the building or system(s) except for the purpose of making the required repairs or of demolishing same. 116.1.3 In case the owner, agent, or person in control cannot be found within the stated time limit, or, if such owner, agent, or person in control shall fail, neglect, or refuse to comply with notice to repair, rehabilitate, or to demolish, and remove said building, structure, electrical, gas, mechanical or plumbing system or portion thereof, the building official, after having ascertained the cost may take action to cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof, to be demolished, secured, repaired, or required to remain vacant or unused. Taking such action does not create a continuing obligation on the part of the building official to continue with maintaining such building, structure, or system; or create liability for any damage to the property. 116.1.4 The decision of the building official shall be final in cases of emergency, which, in the opinion of the building official, involve imminent danger to human life or health, or the property of others. He/she shall promptly cause such building, structure, electrical, gas, mechanical or plumbing system or portion thereof to be made safe or cause its removal. For this purpose he/she may at once enter such structure or land on which it stands, or abutting land or structures, with such assistance and at such cost as he may deem necessary. He/she may order the vacating of adjacent structures and may require the protection of the public by appropriate fence or such other means as may be necessary, and for this purpose may close a public or private way. 116.2 Reserved. 116.3 Administrative fines; costs to repair; liens. Costs incurred under 116.1.3 and 116.1.4 shall be charged to the owner of the premises involved. If charges are not paid within a ten (10) day period 68 Page 708 of 754 following mailing of the billing notification sent by certified mail, the owner of the premises will be charged in the following manner: 1. The building official shall assess the entire cost of such vacation, demolition, securing, or removal against the real property upon which such cost was incurred, which assessment shall include but not be limited to all administrative costs, postal expenses, and shall constitute a lien upon such property superior to all others except taxes. 2. The Clerk of the Circuit Court shall file such lien in the County's Official Record Book showing the nature of such lien, the amount thereof and an accurate legal description of the property, including the street address, which lien shall be effective from the date of filing and recite the names of all persons notified and interested persons. After three (3) months from the filing of any such lien which remains unpaid, the governing body may foreclose the lien in the same manner as mortgage liens are foreclosed. Such lien shall bear interest from date of abatement of nuisance at the rate of ten (10) percent per annum and shall be enforceable if unsatisfied as other liens may be enforced by the governing agency. 116.4 Appeal. The owner, agent, or person in control of an unsafe structure or system shall have the right to appeal the decision of the building official, as provided hereinafter, and to appear before the Building Board of Adjustments and Appeals at a specified time and place to show cause why they should not comply with said notice. SECTION 117 VARIANCES IN FLOOD HAZARD AREAS 117.1 Flood hazard areas. Pursuant to Section 553.73(5), Florida Statutes, the variance procedures adopted in the local floodplain management ordinance shall apply to requests submitted to the building official for variances to the provisions of Section 1612.4 of the Florida Building Code, Building or, as applicable, the provisions of R322 of the Florida Building Code, Residential. This section shall not apply to Section 3109 of the Florida Building Code, Building. SECTION 118 WIND LOADS (Section 1609, Florida Building Code) 69 Page 709 of 754 The basic wind speed in miles per hour, for development of wind loads, shall be determined from figure 1609, said Basic Wind Speed for Boynton Beach as depicted on map Figure 1609A, Figure 1609B, and Figure 1609C is hereby added to this code. SECTION 119 SEVERABILITY If any section, subsection, sentence, clause or phrase of this code is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. 70 Page 710 of 754 6 LD U) - a) U 3 �p U O_ i a) O C Ul Q U Q ,O .- �� � ' �� 170 8� Ln N Q � ' C: O-O Ul m U O)— G� L � :;a N (6 T! 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LEGAL 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-035 - FIRST READING -Approve the change in qualifying dates for candidates in upcoming municipal elections. (Second reading for this ordinance will be on December 19, 2017, due to holiday publishing deadlines). EXPLANATION OF REQUEST: The Supervisor of Elections (SOE), Susan Bucher, has asked all municipalities to change their Candidate Qualifying dates in order to comply with Florida Statutes 101.062(4)(a)&(b) which requires mailing of Vote by Mail Ballots 45 days prior to a General Election to military and overseas voters and 35 to 28 days prior to the election for all other Vote by Mail ballots. Municipal Elections are considered General Elections. The election management system used by the SOE Office only allows all municipal elections to be entered at one time. Therefore, if our candidates names are not available to be printed on the Vote by Mail ballots and sent 45 days prior to the election due to our qualifying dates, all municipalities will be out of compliance with Florida law. The City's qualifying period is set forth in Article I 11, Section 40 of the City Charter. Sections 100.3605 and 166.021, Florida Statutes, provide that qualifying dates in a municipal charter may be amended without a referendum. The new qualifying period would be from noon on the first Tuesday in January to noon on the second Tuesday in January of the year in which the election is held, except for when the first Tuesday in January falls on January 1, then in those years the qualifying period for the City's General Municipal Election shall be from noon on the second Tuesday in January to noon on the third Tuesday in January of the year in which the election is held. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The conduct of municipal elections is a state mandate to conduct the business of the City. FISCAL IMPACT: The Supervisor of Elections could refuse to offer services to the City of Boynton Beach. Another source for equipment and processing of votes would have to be obtained. ALTERNATIVES: Do not change the qualifying dates and place all municipalities out of compliance with State statutes and risk the Palm Beach County SOE Office refusing to assist with our elections. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Page 714 of 754 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance changing the qualiffying dates D Other Florida Statute on Vote by Mail Page 715 of 754 1 2 ORDINANCE NO. 2017- 3 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 6 AMENDING QUALIFYING DATES SET FORTH IN ARTICLE III, 7 SECTION 40 OF THE CITY'S CHARTER TO AMEND THE DATES 8 FOR QUALIFYING FOR CITY ELECTIONS PURSUANT TO 9 SECTIONS 100.3605 AND 166.021, FLORIDA STATUTES; 10 PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, 11 AND PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, Article 111, Section 40 of the City' Charter provides for a qualifying 14 period for the City's General Municipal Elections to be from the last Tuesday in January to 15 the First Tuesday in February of the year in which the election is to be held; and, 16 WHEREAS, the Palm Beach County Supervisor of Elections has advised all 17 municipalities in Palm Beach County that in order for her to comply with legal timelines for 18 ballots for the statewide elections, all municipal qualifying periods must occur earlier than 19 the dates set forth in the City's Charter; and, 20 WHEREAS, Section 100.3605, Florida Statutes, provides authority for 21 municipalities to move their election and qualifying dates without referendum; and, 22 WHEREAS, Section 166.021(4), Florida Statutes, exempts changes to qualifying 23 dates from the referendum requirement for amending a municipal charter; and, 24 WHEREAS, pursuant to Sections 100.3605 and 166.021(4), Florida Statutes, the 25 qualifying period for City General Municipal Elections shall be amended, and shall be from 26 noon on the first Tuesday in January to noon on the second Tuesday in January of the year 27 in which the election is held, except for when the first Tuesday in January falls on January 1, 28 then in those years the qualifying period for the City's General Municipal Election shall be t00205924.1306-9001821} CODING: Words in s4,-ike thr-o gh type are deletions from existing law; Words in underlined type are additions. Page 1 of 4 Page 716 of 754 29 from noon on the second Tuesday in January to noon on the third Tuesday in January of the 30 year in which the election is held.. 31 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 32 BOYNTON BEACH, FLORIDA: 33 34 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and 35 confirmed as being true and correct and incorporated herein by this reference. 36 Section 2. The City Commission hereby establishes that the qualifying period for 37 the City's General Elections shall be as follows: 38 Candidates for City Commission shall file such papers and pay such fees as may be 39 required by law with the City clerk no sooner than noon on the first Tuesday of January, nor 40 later than noon on the second Tuesday in January, of the year in which the election is to be held 41 except for those years in which the first Tuesday in January is January 1, and in those years any 42 resident of the City who wishes to become a candidate for a Commission member seat shall 43 qualify with the City clerk no sooner than noon on the second Tuesday of January, nor later 44 than noon on the third Tuesday in January in those years in which the election is to be held. 45 The City Clerk shall transmit the names of all candidates for City Commission to the 46 Supervisor of Elections by 5:00 p.m. on the first Friday after the close of qualifying. 47 Section 3. Article HI, entitled "Municipal Court," Section 40 entitled "Call by 48 Mayor, publication of proclamation; qualification of candidates, filing by candidates with 49 City Clerk; notification of Supervisor of Elections" is hereby deemed amended as provided 50 in Section 2 herein above, and reads as follows: 51 All general and special elections, unless otherwise provided in this Act, shall be 52 called by resolution adopted by the City Commission, and in conformance with applicable {00205924.1 306-9001821} CODING: Words in s4,-ike thr-o gh type are deletions from existing law; Words in underlined type are additions. Page 2 of 4 Page 717 of 754 53 state law, and published in a newspaper of general circulation in the City of Boynton Beach, 54 Florida, once a week for two (2) consecutive weeks, and such election that may be held 55 upon such notice. 56 Candidates for City Commission shall file such papers and pay such fees as may be 57 required by law with the City clerk no sooner than noon on the first Tuesday of January, nor 58 later than noon on the second Tuesday in January, of the year in which the election is to be held 59 except for those years in which the first Tuesday in January is January 1, and in those years any 60 resident of the City who wishes to become a candidate for a Commission member seat shall 61 qualify with the City clerk no sooner than noon on the second Tuesday of January, nor later 62 than noon on the third Tuesday in January in those years in which the election is to be held. 63 The City Clerk shall transmit the names of all candidates for City Commission to the 64 Supervisor of Elections by 5:00 p.m. on the first Friday after the close of qualifying. 65 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 66 in conflict herewith are hereby repealed to the extent of such conflict. 67 Section 5. If any clause, section or other part of this Ordinance shall be held by any 68 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 69 invalid part shall be considered as eliminated and in no way affecting the validity of the 70 other provisions of this Ordinance. 71 Section 6. This Ordinance shall take effect immediately upon its adoption. 72 FIRST READING this day of 2017. 73 74 SECOND, FINAL READING AND PASSAGE this day of 75 2017. 76 t00205924.1 306-9001821} CODING: Words in s4,-ike thr-o gh type are deletions from existing law; Words in underlined type are additions. Page 3 of 4 Page 718 of 754 77 CITY OF BOYNTON BEACH, FLORIDA 78 YES NO 79 80 Mayor— Steven B. Grant 81 82 Vice Mayor—Justin Katz 83 84 Commissioner—Mack McCray 85 86 Commissioner—Christina L. Romelus 87 88 Commissioner—Joe Casello 89 90 91 VOTE 92 ATTEST: 93 94 95 96 Judith A. Pyle, CMC 97 City Clerk 98 99 100 101 (Corporate Seal) 102 t00205924.1 306-9001821} CODING: Words in s4,-ike thr-o gh type are deletions from existing law; Words in underlined type are additions. Page 4 of 4 Page 719 of 754 Select Year: 2017 E§il The 2017 Florida Statutes Title IX Chapter 101 View Entire Chapter ELECTORS AND ELECTIONS VOTING METHODS AND PROCEDURE 101.62 Request for vote-by-mail ballots.— (1)(a) The supervisor shalt accept a request for a vote-by-mail ballot from an elector in person or in writing. One request shalt be deemed sufficient to receive a vote-by-mail ballot for all elections through the end of the calendar year of the second ensuing regularly scheduled general election, unless the elector or the elector's designee indicates at the time the request is made the elections for which the elector desires to receive a vote-by-mail ballot. Such request may be considered canceled when any first-class mail sent by the supervisor to the elector is returned as undeliverable. (b) The supervisor may accept a written or telephonic request for a vote-by-mail ballot to be mailed to an elector's address on file in the Florida Voter Registration System from the elector, or, if directly instructed by the elector, a member of the elector's immediate family, or the elector's legal guardian; if the ballot is requested to be mailed to an address other than the elector's address on file in the Florida Voter Registration System, the request must be made in writing and signed by the elector. However, an absent uniformed service voter or an overseas voter seeking a vote-by-mail ballot is not required to submit a signed, written request for a vote-by-mail ballot that is being mailed to an address other than the elector's address on file in the Florida Voter Registration System. For purposes of this section, the term "immediate family" has the same meaning as specified in paragraph (4)(c). The person making the request must disclose: 1. The name of the elector for whom the ballot is requested. 2. The elector's address. 3. The elector's date of birth. 4. The requester's name. 5. The requester's address. 6. The requester's driver License number, if available. 7. The requester's relationship to the elector. 8. The requester's signature (written requests only). (c) Upon receiving a request for a vote-by-mail ballot from an absent voter, the supervisor of elections shalt notify the voter of the free access system that has been designated by the department for determining the status of his or her vote-by-mait ballot. (2) A request for a vote-by-mail ballot to be mailed to a voter must be received no later than 5 p.m. on the sixth day before the election by the supervisor of elections. The supervisor of elections shalt mail vote-by-mail ballots to voters requesting ballots by such deadline no later than 4 days before the election. (3) For each request for a vote-by-mail ballot received, the supervisor shalt record the date the request was made, the date the vote-by-mail ballot was delivered to the voter or the voter's designee or the date the vote-by-mail ballot was delivered to the post office or other carrier, the date the ballot Page 720 of 754 was received by the supervisor, the absence of the voter's signature on the voter's certificate, if applicable, and such other information he or she may deem necessary. This information shalt be provided in electronic format as provided by rule adopted by the division. The information shall be updated and made available no later than 8 a.m, of each day, including weekends, beginning 60 days before the primary until 15 days after the general election and shalt be contemporaneously provided to the division. This information shalt be confidential and exempt from s. 119.07(1) and shall be made available to or reproduced only for the voter requesting the ballot, a canvassing board, an election official, a political party or official thereof, a candidate who has filed qualification papers and is opposed in an upcoming election, and registered political committees for political purposes only. 4)(a) No later than 45 days before each presidential preference primary election, primary election, and general election, the supervisor of elections shall send a vote-by-mail ballot as provided in subparagraph (c)2. to each absent uniformed services voter and to each overseas voter who has requested a vote-by-mail ballot. (b) The supervisor of elections shalt mail a vote-by-mail ballot to each absent qualified voter, other than those listed in paragraph (a), who has requested such a ballot, between the 35th and 28th days before the presidential preference primary election, primary election, and general election. Except as otherwise provided in subsection (2) and after the period described in this paragraph, the supervisor shalt mail vote-by-mail ballots within 2 business days after receiving a request for such a ballot. (c) The supervisor shalt provide a vote-by-mail ballot to each elector by whom a request for that ballot has been made by one of the following means: 1. By nonforwardabie, return-if-undeliverable mail to the elector's current mailing address on file with the supervisor or any other address the elector specifies in the request. 2. By forwardabte mail, e-mail, or facsimile machine transmission to absent uniformed services voters and overseas voters. The absent uniformed services voter or overseas voter may designate in the vote-by-mail ballot request the preferred method of transmission. If the voter does not designate the method of transmission, the vote-by-mail ballot shalt be mailed. 3. By personal delivery before 7 p.m. on election day to the elector, upon presentation of the identification required in s. 101.043. 4. By delivery to a designee on election day or up to 5 days prior to the day of an election. Any elector may designate in writing a person to pick up the ballot for the elector; however, the person designated may not pick up more than two vote-by-mail ballots per election, other than the designee's own ballot, except that additional ballots may be picked up for members of the designee's immediate family. For purposes of this section, "immediate family" means the designee's spouse or the parent, child, grandparent, or sibling of the designee or of the designee's spouse. The designee shalt provide to the supervisor the written authorization by the elector and a picture identification of the designee and must complete an affidavit. The designee shalt state in the affidavit that the designee is authorized by the elector to pick up that ballot and shalt indicate if the elector is a member of the designee's immediate family and, if so, the relationship. The department shall prescribe the form of the affidavit. If the supervisor is satisfied that the designee is authorized to pick up the ballot and that the signature of the elector on the written authorization matches the signature of the elector on file, the supervisor shalt give the ballot to that designee for delivery to the elector. 5. Except as provided in s. 101.655, the supervisor may not deliver a vote-by-mail ballot to an elector or an elector's immediate family member on the day of the election unless there is an emergency, to the extent that the elector will be unable to go to his or her assigned polling place. If a vote-by-mail ballot is delivered, the elector or his or her designee shall execute an affidavit affirming to Page 721 of 754 the facts which allow for delivery of the vote-by-mail ballot. The department shall adopt a rule providing for the form of the affidavit. (5) If the department is unable to certify candidates for an election in time to comply with paragraph (4)(a), the Department of State is authorized to prescribe rules for a ballot to be sent to absent uniformed services voters and overseas voters. (6) Only the materials necessary to vote by mail may be mailed or delivered with any vote-by-mail ballot. History.-s. 2, ch. 7380, 1917; RGS 369; CGL 430; s. 1, ch. 25385, 1949; s. 5, ch. 26870, 1951; s. 32, ch. 28156, 1953; s. 21, ch. 29934, 1955; s. 2, ch. 59-213; s. 32, ch. 65-380; s. 1, ch. 67.33; s. 2, ch. 69-136; s. 4, ch. 69-280; s. 2, ch. 70-93; ss. 1, 2, ch. 71-149; s. 5, ch. 73.157;s. 39, ch. 73-333; s. 2, ch. 75-174; s. 21, ch. 77-175; s. 40, ch. 79-400; s. 2, ch. 83-16; s. 6, ch. 83-251; s. 1, ch. 85-226; s. 4, ch. 86-199; s. 4, ch. 87-363; s. 2, ch. 87-538; s. 28, ch. 89.338; s. 20, ch. 90-360; s. 587, ch. 95- 147; s. 3, ch. 96-57; s. 25, ch. 96-406; s. 13, ch. 98-129; s. 32, ch. 99-2; s. 6, ch. 99-140;s. 52, ch. 2001-40; s. 5, ch. 2001-75; s. 18, ch. 2003-415;s. 6, ch. 2004-33;s. 43, ch. 2005-277; s. 37, ch. 2005-278; s. 16, ch. 2005-286; s. 30, ch. 2007-30; s. 7, ch. 2010-167; s. 37, ch. 2011-40; s. 17, ch. 2013-37; s. 11, ch. 2013-57; s. 16, ch. 2016-37. Note.-Former s. 101.02. copyri (D �ht 1995-2017 The Florida ® rivacy Statement ® C®ntact Us - Page 722 of 754 14.A. FUTURE AGENDA ITEMS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Staff will prepare a list of legislative priorities for the 2018 legislative session for the Commission's input and approval. - December 19, 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 723 of 754 14.B. FUTURE AGENDA ITEMS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Quarterly report on red light camera program (Oct 2017-Dec 2017) - January 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 724 of 754 14.C. FUTURE AGENDA ITEMS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Quarterly report on godt surtaxfund (Oct 2017-Dec 2017) - January 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 725 of 754 14.D. FUTURE AGENDA ITEMS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 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 726 of 754 14.E. FUTURE AGENDA ITEMS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: The Commission has requested for a representative of ATS attend a commission meeting to discuss possible additional features/services- 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 727 of 754 14.F. FUTURE AGENDA ITEMS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Staff to bring information concerning the following land parcels for the Commission to review- TBD Nichols Property Leisureville Property Rolling Green Scrub Parcel by Galaxy School Girl Scout Park 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 728 of 754 14.G. FUTURE AGENDA ITEMS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Staff to review PBC Ordinance on Panhandlers- 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 729 of 754 14.H. FUTURE AGENDA ITEMS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 REQUESTED ACTION BY COMMISSION: Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways- 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 730 of 754 14.1. FUTURE AGENDA ITEMS 11/21/2017 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/21/2017 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 731 of 754 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: 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 Description D Ordinance Ordinance approving Town Square Land Use Amendment D Ordinance Ordinance approving Rezoning of Town Square D Staff Report Staff Report D Location Map Location Map D Exhibit Exhibit B1 D Exhibit Exhibit B2 D Exhibit Exhibit C1 D Exhibit Exhibit C2 D Exhibit Exhibit D Page 732 of 754 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS TOWN SQUARE AND 7 DESCRIBED HEREIN, OWNED BY THE CITY OF BOYNTON 8 BEACH; CHANGING THE LAND USE DESIGNATION FROM 9 PUBLIC AND PRIVATE GOVERNMENTAL/INSTITUTIONAL 10 (PPGI) AND HIGH DENSITY RESIDENTIAL TO MIXED USE 11 MEDIUM(MXM);PROVIDING FOR CONFLICTS,SEVERABILITY, 12 AND AN EFFECTIVE DATE. 13 14 WHEREAS,the City Commission of the City of Boynton Beach,Florida has adopted 15 a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element 16 pursuant to Ordinance No. 89-38 and in accordance with the Local Government 17 Comprehensive Planning Act; and 18 WHEREAS, the procedure for amendment of a Future Land Use Element of a 19 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 20 WHEREAS, after two (2) public hearings the City Commission acting in its dual 21 capacity as Local Planning Agency and City Commission finds that the amendment 22 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in 23 the best interest of the inhabitants of said City to amend the Future Land Use Element 24 (designation) of the Comprehensive Plan as hereinafter provided. 25 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 28 herein by this reference. 29 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the 30 following: Page 733 of 754 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 Residential (HDR)to: MIXED USE MEDIUM(MXM). 34 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 35 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 36 Land Development Regulation Act. No party shall be vested of any right by virtue of the 37 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 38 including appeals, are exhausted. In the event that the effective date is established by state law or 39 special act, the provisions of state act shall control. 40 FIRST READING this day of , 2017. 41 SECOND, FINAL READING and PASSAGE this day of , 2017. 42 CITY OF BOYNTON BEACH, FLORIDA 43 44 YES NO 45 46 Mayor— Steven B. Grant 47 48 Vice Mayor—Justin Katz 49 50 Commissioner—Mack McCray 51 52 Commissioner—Christina L. Romelus 53 54 Commissioner—Joe Casello 55 56 57 58 VOTE 59 ATTEST: 60 61 62 63 Judith A. Pyle, CMC 64 City Clerk 65 66 (Corporate Seal) 67 Page 734 of 754 1 ORDINANCE NO. 17- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AMENDING ORDINANCE 02- 5 013 TO REZONE A PARCEL OF LAND 6 DESCRIBED HEREIN AND COMMONLY 7 REFERRED TO AS TOWN SQUARE FROM 8 PUBLIC USAGE (PU); RECREATION (REC) AND 9 MULTIFAMILY (R-3) TO MIXED USE 3 (MU-3); 10 PROVIDING FOR CONFLICTS, SEVERABILITY, 11 AND AN EFFECTIVE DATE. 12 13 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 14 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 15 and 16 WHEREAS, the City of Boynton Beach, owner of the property has made application 17 to rezone a parcel of land, said land being more particularly described hereinafter, from 18 Public Usage (PU); Recreation (REC) and Multifamily (R-3)to Mixed Use 3 (MU-3); and 19 WHEREAS, the City Commission conducted public hearings as required by law and 20 heard testimony and received evidence which the Commission finds supports a rezoning for 21 the property hereinafter described; and 22 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 23 an amendment to the Land Use which was contemporaneously considered and approved at 24 the public hearing heretofore referenced; and 25 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 26 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing Whereas clauses are true and correct and incorporated 30 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 735 of 754 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 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 48 Mayor— Steven B. Grant 49 50 Vice Mayor—Justin Katz 51 52 Commissioner—Mack McCray 53 54 Commissioner—Christina L. Romelus 55 56 Commissioner—Joe Casello 57 58 VOTE 59 ATTEST: 60 61 62 63 Judith A. Pyle, CMC 64 City Clerk 65 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 736 of 754 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 737 of 754 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 738 of 754 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 739 of 754 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 I-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 740 of 754 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. 4 Page 741 of 754 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 742 of 754 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 6 Page 743 of 754 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 744 of 754 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 s Page 745 of 754 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 746 of 754 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 747 of 754 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 748 of 754 CITY OF BOYNTON BEACH EXHIBIT A TOWN SQUARE LOCATION MAP f } tf fn w1 4 " k(s.gka_ Beach 2 01, NE.1st Ave' dt,tssr I s 3 ; it' ?s' SS i( t i y, �), fA Sty � � � ■��,.Fs � " SE�15tAve..�- �� �' ' _ ��xammts„ M a ^ ' s �' � 1qtV SE 2nd Ave t" pR 1,sw+r SE 3rd Ave" ^ 1 1 l e t N Legend W E Town Square S QFuture Coastal Link station 0 0.0125 0.025 0.05 0.075 0.1 Miles Transit Core Area Source:Palm Beach County GIS Digital Data 2006-2015 Park Lane Condominium Copyright Palm Beach County Florida 2006-2015 All rights reserved-Subject to a Licence Agreement Total Town Square area: 16.5 acres Page 749 of 754 CITY OF BOYNTON BEACH EXHIBIT 131 CURRENT FLU CLASSIFICATIONS FOR TOWN SQUARE AND ADJACENT AREAS tU I )�. NE 3rd Ave ' E Boynton Beach Blvd r r Y ! 0 tr E Ocean Ave H H tt_ � SE 1st Ave t i 6t SE 2nd Ave ,4- SE rd Ave r' Legend Future Land Use Classifications Last amended October 20, 2015 N l LOW DENSITY RESIDENTIAL(LDR)Max.5 D.U./Acre W E MEDIUM DENSITY RESIDENTIAL(MEDR)Max.10 D.U./Acre HIGH DENSITY RESIDENTIAL(HDR)Max.11 D.U./Acre S 2 LOCAL RETAIL COMMERCIAL(LRC) r 0 0.0125 0.025 0.05 0.075 0.1 GENERAL COMMERCIAL(GC) Miles INDUSTRIAL(1) Source:Palm Beach County GIS Digital Data 2006-2015 PUBLIC&PRIVATE GOVERNMENTAL/INSTITUTIONAL(PPGI) Copyright Palm Beach County Florida 2006-2015 All rights reserved-Subject to a Licence Agreement Town Square Page 750 of 754 CITY OF BOYNTON BEACH EXHIBIT B2 CURRENT ZONING DESIGNATIONS FOR TOWN SQUARE AND ADJACENT AREAS NW NE 3rd Ave , E Boynton Beach Blvd EI �NE1st�Ave CS L\ F E Ocean Ave ,10 a "`SE.7stAve �� ti t SE 2nd Ave SE 3rd Ave Legend N Zoning designations W� �g R1A Single Family C4 General Commercial 0 R2 Duplex CBD Central Business District S R3 Multi Family 0 M1 Light Industrial 0 0.0125 0.025 0.05 0.075 0. Miles 0 C2 Neighborhood Commercial PU Public Usage C3 Community Commercials,;�''� REC Recreation Source:Palm Beach County GIS Digital Data 2006-2015 Y Copyright Palm Beach County Florida 2006-2015 All rights reserved-Subject to a Licence Agreement Town Square Page 751 of 754 CITY OF BOYNTON BEACH EXHIBIT C1 PROPOSED FLU CLASSIFICATION FOR TOWN SQUARE* tU I )�. NE 3rd Ave ' rr E Boynton Beach Blvd r y E Ocean Ave f � 1 H H tt_ SE 1st Ave t i 3 vWi s },1 SE 2nd Ave ,4- SE 3rd Ave T_ -._ r' Legend LOW DENSITY RESIDENTIAL(LDR)Max.5 D.U./Acre * NOTE:Areas adjacent to Town Square shown N l MEDIUM DENSITY RESIDENTIAL(MEDR)Max.10 D.U./Acre with the current FLU classifications W+E HIGH DENSITY RESIDENTIAL(HDR)Max.11 D.U./Acre 2 LOCAL RETAIL COMMERCIAL(LRC) S GENERAL COMMERCIAL(GC) 0 0.0125 0.025 0.05 0.075 0.1 INDUSTRIAL(1) Miles Mixed Use(MX),Max.Density 40 du/acre Source:Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 MIXED USE Medium(MXM),Max.Density 50 D.U./Acre All rights reserved-Subject to a Licence Agreement Town Square Page 752 of 754 CITY OF BOYNTON BEACH EXHIBIT C2 PROPOSED ZONING DESIGNATION FOR TOWN SQUARE NW NE 3rd Ave t E Boynton Beach Blvd FF In NE,1st Ave` =- E Ocean Ave r � rSE,lstAve ti VA`•,}' \'�ti}s ���}f.,j�k til aij� t t i � i§ ...'V;S`f1§t§��t§�§t§,s,} i ttti�ittttttttml Ott t ti���V VZfVVVZfV SE 2nd-Ave— SE ndAveSE 3rd Ave Legend N Zoning designations Wg R1A Single Family C4 General Commercial 0 R2 Duplex CBD Central Business District S R3 Multi Family 0 M1 Light Industrial 0 0.0125 0.025 0.05 0.075 0. Miles 0 C2 Neighborhood Commercial MU-3 Mixed Use 3 Source:Palm Beach County GIS Digital Data 2006-2015 C3 Community Commercial Copyright Palm Beach County Florida 2006-2015 Town Square All rights reserved-Subject to a Licence Agreement Page 753 of 754 CITY OF BOYNTON BEACH : TOWN SQUARE EXHIBIT D CRA COMMUNITY REDEVELOPMENT PLAN'S FLU RECOMMENDATIONS FOR CULTURAL AND AND BOYNTON BEACH BOULEVARD DISTRICTS NW 3rd pve NE 3rd Ave E Boynton Beach Blvd NE 1st Ave N a 's il m W "aJ Z u Omni Id M E Ocean Ave d N Z Em N SE 1st Ave eh W N SE 2nd-Ave LEGEND N Town Square W E Cultural District .S. QBoynton Beach Blvd District 0 0.0125 0.025 0.05 0075 °.M;,es Source:Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 Mixed Use High (MXH), Max. Density 80 D.U./Acre All rights reserved-Subject to a Licence Agreement Mixed Use Medium (MXM), Max. Density 50 D.U./Acre Low Density Residential , Max. Density 7.5 D.U./Acre '- Page 754 of 754