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Agenda 02-20-18The City of Boynton Beach City Commission Agenda Tuesday, February 20, 2018, 6:30 PM City Hall 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. boy nton- beach. org Page 1 of 808 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 808 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Roll Call I nvocation Pledge of Allegiance to the Flag led by Commissioner Casello 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. Proclaim the week of February 25, 2018 as Eating Disorders Awareness Week. Catherine Herman, the Director of Development, from The Alliance For Eating Disorders Awareness will be accepting the proclamation. B. Announcement by Michael Corbett, Director, Business Development for Career Source Palm Beach County, regarding a Construction/Trades Hiring Event on Tuesday, February 27 from 3:30 p.m. to 6:00 p.m. at Carolyn Sims. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Reg and 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 1 Alt Employee Pension Board: 1 Reg Historic Resource Preservation Bd.: 1 Alt Senior Advisory Bd: 2 Alts 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 Page 3 of 808 material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R18-027 - Authorize the Mayor to sign an Agreement with Palm Beach County (COUNTY) to facilitate an assessment process per COUNTY Code, Chapter 26 — Special Districts, Article II, Municipal Service Taxing Units (MSTU) for the construction of water and sewer pipelines, fire hydrants, water meter boxes and other associated materials within the County Road right of way (PROJ ECT). B. PROPOSED RESOLUTION NO. R18-028 - Authorize the City Manager to sign Tower Site License Agreement with Crown Castle of Canonsburg, PA 15317, lease amount $4,800 per year for Utility Meter Services automated meter infrastructure 3rd tower antennae installation. C. PROPOSED RESOLUTION NO. R18-029- Authorize the Mayor to sign an Interlocal Agreement with the CRA for technical support services. D. PROPOSED RESOLUTION NO. R18-030- Authorize Mayor Grant to sign the Global Covenant of Mayors for Climate and Energy Commitment Letter. E. PROPOSED RESOLUTION NO. R18-031 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. F. PROPOSED RESOLUTION NO. R18-032 - Approve entering into a 60 -month contract for the purchase of WAN network connectivity services from Comcast Business Communications, LLC for $6,000 a month, utilizing the General Services Administration (GSA) contract # GS-35F- 184BA. The City is allowed to purchase from this GSA contract. G. Approve funding in the amount not too exceed $15,000 for a Commercial Interior Build -Out Grant and an amount not too exceed $12,000 for a Commercial Rent Reimbursement Grant to Virgin Islands Coffee Roasters, LLC, 1420 Neptune Dr. Bay #0, Boynton Beach, FL 33426. H. Authorize utilizing the City of Miami's contract #291272(17) extension with Expert Diesel of Fort Lauderdale, FL with an estimated annual expenditure of $35,000 for repairs to autocar trucks and engines. The City of Miami's procurement process satisfies the City's competitive bid requirements. I. Accept the written report to the Commission for purchases over $10,000 for the month of January 2018. J . Legal Expenses - September 2017 - Information at the request of the City Commission. No action required. K. Approve the minutes from the Regular City Commission meeting held on February 6, 2018 7. BIDS AND PURCHASES OVER $100,000 A. Authorize the use of five (5) approved vendors: Xylem Water Solutions, USA, Inc.; Customer Pump and Controls, Inc.; Barney's Pumps, Inc.; Hydra Service, Inc.; and Southeastern Pump for an annual expenditure not to exceed $250,000 for wastewater pump replacement for over 160 wastewater lift stations in the Utility Service area. 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. 17-021 - SECOND READING - Approve Town Square Future Land Use Map (FLUM) Amendment from Public and Private Governmental/ Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM). City -initiated. Page 4 of 808 PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Approve Town Square rezoning from PU (Public Usage); REC (Recreation); and R-3 (Multifamily) to MU -3 (Mixed Use 3). City -initiated. B. Approve the Boynton Beach Town Square Master Plan for a mix of civic, residential and commercial uses, pending reclassification of the 15.04 acre property from Public and Private Governmental/ Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezoning from Public Usage (PU), Recreation (REC), and Multifamily (R-3) to Mixed Use 3 (MU -3) zoning district. City -initiated. C. Approve Boynton Beach Gateway Police Station Community Design Appeal (CDPA 17-010) of Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way", located at the SE corner of Gateway Boulevard and High Ridge Road in the PID (Planned Industrial Development) zoning district. Applicant: City of Boynton Beach D. Approve Boynton Beach Gateway Police Station Major Site Plan Modification (MSPM 17-010) to construct a two-story, 53,800 square foot police station and associated site improvements immediately north of Fire Station #5, at the SE corner of Gateway Boulevard and High Ridge Road in the PID (Planned Industrial Development) zoning district. Applicant: City of Boynton Beach E. PROPOSED ORDINANCE NO. 18-001 - FIRST READING Approve MILK South Rezoning (REZN 18-003) from MU -1_2 (Mixed Use—Low Intensity 2 District) to MU -2 (Mixed Use 2 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 2.97 acre area. Applicant: City -initiated. F. PROPOSED ORDINANCE NO. 18-002 - FIRST READING - Approve Neelam (fka Schnars) Business Center Rezoning (REZN 18-004) from MU -L (Mixed Use Low District) to MU -1 (Mixed Use 1 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 0.52 acre property. Applicant: City -initiated. 10. CITY MANAGER'S REPORT A. Staff is requesting the City Commission schedule a Special Meeting on Tuesday, March 13, 2018 at 4:00 pm to discuss Town Square. Staff will present the final project budget/costs/schedule, etc. and anticipates having contract documents ready for the City Commission's review and approval. The Special Meeting will take place in the Library Program Room. B. Discuss Habitat for Humanity proposal regarding the development of a portion of the Galaxy Scrub area for the construction of 22 new homes. 11. UNFINISHED BUSINESS A. PROPOSED RESOLUTION NO. R18-033 - Approve the Pilot Agreement for Automatic License Plate Recognition System Solution Services with American Traffic Solutions, Inc. (ATS) and authorize the Mayor to sign the agreement. 12. NEW BUSINESS - None 13. LEGAL A. PROPOSED RESOLUTION NO. R18-034- Consider a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95 for $200. B. Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: SHARRON TASHA FORD, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant — Case No. Page 5 of 808 50 2010 CA 016550XXXXMB AD 14. FUTURE AGENDA ITEMS A. Staff to review PBC Ordinance on Panhandlers - March 2018 B. Commission to discuss vice mayor selection - March 20, 2018 C. Result of Textile Recycling RFP and recommendation - March 20, 2018 D. Members of the Commission has requested to review and discuss the Public Arts Ordinance - March 20, 2018 E. Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways - March 6, 2018 F. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park G. Vice -Mayor Katz has requested the City Attorney to provide update on legal issues with QPODD - TBD H. Commission to consider a land sale agreement to Leisureville for land parcel adjacent to Palm Beach Leisureville - March 6, 2018 15. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, RUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HESHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED. (F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA 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 1N ORDER FOR THE CITY TO REASONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA 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 6 of 808 11DCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/20/2018 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant Roll Call I nvocation Pledge of Allegiance to the Flag led by Commissioner Casello Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: 1.A. OPENING ITEMS 2/20/2018 Page 7 of 808 2.A. OTHER 2/20/2018 11DCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/20/2018 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 8 of 808 REQUESTED ACTION BY COMMISSION: Proclaim the week of February 25, 2018 as Eating Disorders Awareness Week. Catherine Herman, the Director of Development, from The Alliance For Eating Disorders Awareness will be accepting the proclamation. EXPLANATION OF REQUEST: At least once every 62 minutes, someone dies due to their struggle with an eating disorder, and anorexia nervosa has the highest mortality rate of any mental illness; and eating disorders know no boundaries with respect to genders, ages, races, ethnicities, body shapes and weights, sexual orientations, and socioeconomic statuses. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Not to proclaim the week of February 25, 2018 as Eating Disorders Awareness Week. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type FlirtaaJa irna bola Description FlittaaJa irna bola Page 9 of 808 Proclamation WHEREAS, eating disorders affect 30,000,000 individuals in the United States during their lifetimes; with more than 600,000 individuals in the State of Florida alone; and WHEREAS, eating disorders, including the specific disorders of anorexia nervosa, bulimia nervosa, binge eating disorder, avoidant/restrictive food intake disorder, and other specified feeding or eating disorders, are complex, biologically based illnesses; and WHEREAS, eating disorders are associated with serious physical health consequences, including irregular heartbeats, heart disease and heart failure, kidney failure, osteoporosis, gastric rupture, tooth decay, obesity, gall bladder disease, diabetes, and death; and WHEREAS, at least once every 62 minutes, someone dies due to their struggle with an eating disorder, and anorexia nervosa has the highest mortality rate of any mental illness; and eating disorders know no boundaries with respect to genders, ages, races, ethnicities, body shapes and weights, sexual orientations, and socioeconomic statuses; and WHEREAS, eating disorders have a high prevalence amongst active military service members and veterans; and WHEREAS, with early detection and intervention, full recovery from an eating disorder is possible; and NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the week of February 25 — March 3 of Two Thousand Eighteen as: EATING DISORDERS AWARENESS WEEK 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 day of Two Thousand Eighteen. Steven B. Grant, Mayor ATTEST: Judith A. Pyle, CMC City Clerk REQUESTED ACTION BY COMMISSION: Announcement by Michael Corbett, Director, Business Development for Career Source Palm Beach County, regarding a Construction/Trades Hiring Event on Tuesday, February 27 from 3:30 p.m. to 6:00 p.m. at Carolyn Sims. EXPLANATION OF REQUEST: On Tuesday, February 27, Career Source of Palm Beach County will be hosting a Construction/Trades Event at Carolyn Sims between the hours of 3:30 p.m. and 6:00 p.m. The first half hour, (3:30 p.m. to 4:00 p.m.) is for Veterans only. Available jobs include laborer, trim carpenter, maintenance operator, custodian, drywall finisher, electrician, carpenter, quality control mechanical inspector and CNC machinist. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Job Fair will provide an opportunity for those seeking a job to learn more opportunities available with our community. FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: Strong local economy. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 11 of 808 ATTACHMENTS: Type D AddE)indUlirn D AddE)indUlirn Description 18 Job F::4hr Coir stirljictioin/ TradE)S II hiriing Eveint (VE)indors) 18 Job F::4hr COIIIStUlchoin/ TradE)S II hiriing Eveint (Job SE)E)kENr's) Page 12 of 808 Are you ()()[drig to Ihre cans;triuctbri wul(ers;? We've got dozeris; ()f job caricfidate3 IIrit"la es;ted IIri trades; arid cans;triuctbri jobs; w11Th ex�perIerice k,i- • Ca rp e ln t ry • NA a s;() Ire Iry • �P II I Irn Ib f Ire g F? c) c) fi lr I g • I a bo Ir • Ritggrig • Sheet lMetall • WeIlditing a V!!!: I () () r it Ire g R) Iregs;ter for a taUe ar for Imore iriforrnatbri, cantact Mkl-ha6 Carbft at.- ar 561.340.1060x2`368. Aill A , t PAI M BEACH COUN'ry www.c.,iireeirsC')LJlirce�p�bc.ccir,�'n bIllImAl us: (MIM Page 13 of 808 91ML:111051UNISISFAS Sir' Are you ready for bl-iis I-iiririg everit? We've got more bl-ic&ri 100 (Dperi IIpositioris to NIH [�))ririg your res;iurne, dr s;,; for s;iuc-c-es;,-; arid get Ihred ori the s4x)t at CareerSource IPahm [!3each Courity's; ates;t coris;triuctbri arid trades; hIIIdrig everifl F:Iease uregister iri empbyfluricla.c:om Ibefore arrivaL Aill, At a` e -so www.c�.,iireeirsC�)LJlirce�p�bc.cc�)ir,�'� ::bIllImAl us�� PAI M BEACH COUN,ry" Im ull Page 14 of 808 5.A. ADMINISTRATIVE 2/20/2018 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Reg and 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 1 Alt Employee Pension Board: 1 Reg Historic Resource Preservation Bd.: 1 Alt Senior Advisory Bd: 2 Alts EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non -budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 15 of 808 ATTACHMENTS: Type D OthE)r Description AppoiintirTIENI'ItS for 2 20 18 Page 16 of 808 APPOINTMENTS AND APPLICANTS FOR FEBRUARY 20, 2018 Arts Commission III Romelus Alt IV Casello Alt Mayor Grant Reg Applicants None Building Board of Adjustments and Appeals I Katz Alt IV Caseilo Alt Mayor Grant Reg 11 McCray Reg Applicants None Historic Resources Preservation Board I Katz Applicant None 2 yr term to 12/19 Tabled (2) 2 yr term to 12/19 Tabled (2) 2 yr term to 12/19 2 yr term to 12/19 2 yr term to 12/19 Tabled (2) 3 yr term to 12/18 Tabled (2) 2 yr term to 12/19 Alt 2 yr term to 12/18 Tabled (2) Employee Pension Board II McCray Reg Applicants None Senior Advisory Board Mayor Grant Alt I Katz Alt Applicants None 4 yr term to 12/20 Tabled (3) 2 yr term to 12/19 Tabled (3) 2 yr term to 12/19 Tabled (3) Page 17 of 808 CONSENTAGENDA 2/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-027 - Authorize the Mayor to sign an Agreement with Palm Beach County (COUNTY) to facilitate an assessment process per COUNTY Code, Chapter 26 — Special Districts, Article 11, Municipal Service Taxing Units (MSTU) for the construction of water and sewer pipelines, fire hydrants, water meter boxes and other associated materials within the County Road right of way (PROJECT). EXPLANATION OF REQUEST: As part of Palm Beach County's Municipal Service Taxing Unit (MSTU) program, the City of the Boynton Beach and Palm Beach County will enter into an agreement for implementation of a water and wastewater expansion project which includes, but not limited to, the cost of the petition process, designing, bidding, construction and contract administration for providing water and sewer service to approximately 230 homes the area shown in 'Exhibit - A' which a part of the West Boynton Plat No 2 B & C as recorded in Plat Book 15 pages 13-14 of the public records of Palm Beach County, Florida. The area to be served is west of the Boynton Beach Mall between Old Boynton Beach Blvd and the C-16 canal. The attached agreement details the responsibilities of the County and the City. The City will be responsible for implementing the water and sewer I mprovement program, and the County will assess the property owners for the cost of the program and transfer the collected funds to the City for the work. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This program will increase revenue to the City/Utility and reduce the need to increase rates. The Utility has the ability to expand its service area to include an additional 230 homes. The Utility has sufficient capacity in its existing water distribution and wastewater collection system to add these homes without additional construction costs. FISCAL IMPACT: The City will be responsible for overseeing the program, obtaining bids, managing construction, participating in a public hearing and paying the following fees to the County: 1. Initial Petition process Completion: $2,500, regardless of the outcome of the petitions; 2. Public Hearing process: $2,500, regardless of the outcome of the Public Hearing; and 3. PROJ ECT Completion - Final Assessment Roll filed: $2,500. The City will pre -fund the project from the Utility CI P budget and the County will reimburse the City with interest using the County assessment program. The County will transfer the collected assessments to the City on the first workday of each quarter of the calendar year over the twenty (20) year term of the Agreement. The implementation costs will be included in the Utility's FY 2018/19 capital Budget ALTERNATIVES: Not approve the Agreement Page 18 of 808 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D RE)S()ll LA ti 0 II'l D Ag ir'EsE) rTIE) II'l t D AddE)indUlirn Description RE)SOkAboin appiroviing IMS TUAgir'EsE)irm�llrlt Wth thEl COL.All'Ity for W.-ItENr aind SE)WENr IplilPEsllliir El Ipir001ct A(.,)IREEKEN T BE TWEEN F1 IIE Cl TY & COLYN TY Exhibit A (Flir'001Ct Air'Esa) Page 19 of 808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION R18 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH PALM BEACH COUNTY TO FACILITATE AN ASSESSMENT PROCESS AS PART OF PALM BEACH COUNTY'S MUNICIPAL SERVICE TAXING UNITS (MSTU) FOR THE CONSTRUCTION OF WATER AND SEWER PIPELINES, FIRE HYDRANTS, WATER METER BOXES AND OTHER ASSOCIATED MATERIALS WITHIN THE COUNTY ROAD RIGHT OF WAY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as part of Palm Beach County's Municipal Service Taxing Unit (MSTU) program, the City of Boynton Beach and the County will enter into an agreement for implementation of a water and wastewater expansion project which includes, but is not limited to, the cost of the petition process, designing, bidding, construction and contract administration for providing water and sewer service to approximately 230 homes; and WHEREAS, the City will be responsible for implementing the water and sewer improvement program and the County will assess the property owners for the cost of the program and transfer the collected funds to the City; and WHEREAS, the City Commission upon recommendation of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton Beach to authorize the Mayor to sign an Agreement with Palm Beach County for the monetary assessment for the construction of water and sewer pipelines, fire hydrants, water meter boxes and other associated materials within the County Road right-of-way as part of Palm Beach County's MSTU program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\301FEBA3-443B-4587-AA1F-74B61E4332E5\Boynton Beach. 9102.1. Agreement_ With PBC (MSTU_For Water And Sewer Pip elines)_-_Reso. Doc Page 20 of 808 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission approves and authorizes the Mayor to sign an 33 Agreement with Palm Beach County for the monetary assessment for the construction of water 34 and sewer pipelines, fire hydrants, water meter boxes and other associated materials within the 35 County Road right-of-way as part of Palm Beach County's MSTU program, a copy of the 36 Agreement is attached hereto and made a part hereof as Exhibit "A". 37 Section 3. That this Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this day of , 2018. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (City Seal) VOTE C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\301FEBA3-443B-4587-AA1F-74B61E4332E5\Boynton Beach. 9102.1.Agreement_With PBC (MSTU_For Water And Sewer Pip elines)_-_Reso. Doc Page 21 of 808 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY, FLORIDA FOR THE MONETARY ASSESSMENT FOR THE CONSTRUCTION OF MUNICIPAL WATER AND SEWER SERVICE IN WEST BOYNTON PLAT NO 2B & C THIS AGREEMENT is made and entered into this day of , 201, by and between the City of Boynton Beach, a municipality in the State of Florida, (CITY), and Palm Beach County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, (COUNTY) (collectively "parties" and individually "party"). WITNESSETH: WHEREAS, the COUNTY and the CITY are authorized to enter into this AGREEMENT pursuant to Chapter 163, Florida Statutes, as amended, which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and WHEREAS, the CITY has requested the COUNTY to facilitate an assessment process per COUNTY Code, Chapter 26 — Special Districts, Article 11, Municipal Service Taxing Units (MSTU) for the construction of water and sewer pipelines, fire hydrants, water meter boxes and other associated materials within the County Road right of way (PROJECT). The PROJECT includes but not limited to the cost the petition process, designing, bidding, construction and contract administration for the area shown in `Exhibit - A' which a part of the West Boynton Plat No 2 B & C as recorded in Plat Book 15 pages 13-14 of the public records of Palm Beach County, Florida; and WHEREAS, the CITY will cause to be prepared, scope of services and specifications for the PROJECT; and WHEREAS, the CITY is desirous of funding and facilitating the PROJECT if at least 51% of initial petitions returned by the benefitting property owners agree to the PROJECT; and WHEREAS, the COUNTY is agreeable to assessing the property owners benefitting from the PROJECT over a TWENTY (20) year period at an interest rate not to exceed 5.5% per annum, and transferring the collected funds to the CITY; and WHEREAS, the CITY is agreeable to including the COUNTY administrative fees in the funding of the PROJECT. Page 1 Page 22 of 808 NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: The above recitals are true and correct and hereby adopted and incorporated herein. 1. COUNTY Responsibilities: A. Petition the benefitting property owners within the PROJECT boundary to determine if a majority (51%) of the returned petitions are in favor of being assessed by the COUNTY for the PROJECT. B. Notify the benefitting property owners, by letter, of their proposed assessment which will be established and confirmed at a public hearing before the Palm Beach County Board of County Commissioners (BCC). Letter will be sent when all PROJECT costs have been determined, including but not limited to the CITY received bid, Palm Beach County Property Appraisers', Office of the Clerk & Comptrollers' and Tax Collectors' fees. Letter must also include the public hearing date and location. C. Hold a said public hearing before the BCC to establish and confirm the benefitting property owners' assessment. D. Provide the CITY with a list of benefitting property owners based on the assessment roll approved at the COUNTY Public Hearing. E. Transfer the assessments collected to the CITY on the first workday of each quarter of the calendar year. 2. CITY Responsibilities: A. Design, obtain all necessary permits including COUNTY permits, Construct and maintain the Project during and after completion at the City's sole cost. B. Participate in the Public Hearing before the BCC to answer any questions. C. Reimburse the COUNTY for costs incurred during the administration of the MSTU assessment program for the PROJECT, including but not limited to staff costs, initial petition process, public hearing process and mailing costs, at the following lump sum for each milestone achieved: 1. Initial Petition process Completion: $2,500, regardless of the outcome of the petitions; 2. Public Hearing process: $2,500, regardless of the outcome of the Public Hearing; and 3. PROJECT Completion - Final Assessment Roll filed: $2,500. The CITY shall pay to the COUNTY compensation as set forth above within thirty (30) days of receiving written notification from the COUNTY of completion of the above milestones. COUNTY will not proceed with work for the next milestone until payment of the previous milestone is received. Page 2 Page 23 of 808 D. The CITY shall require each contractor engaged by the CITY for work associated with the AGREEMENT to maintain: a. Commercial General Liability coverage, including vehicle coverage, in combined single limits of not less than ONE MILLIONS DOLLARS ($1,000,000.00). The COUNTY shall be named as an additional insured on the certificate of insurance. b. A payment and performance bond for the total amount of the PROJECT in accordance with Florida Statute 255.05. c. Workers' Compensation coverage in accordance with Florida Statutes 3. PERSONNEL: All of the PROJECT services required herein shall be performed by the CITY's contractor and will be overseen by CITY personnel. All personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. As provided in Section 287.132-133, Fla. Stat., by entering into the agreement or performing any work in furtherance hereof, CITY certifies that its' affiliates, suppliers, contractors, sub- contractors and consultants who perform work hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within 36 months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Fla. Stat. 4. INDEMNIFICATION: Each Party shall be liable for its own actions and negligence and, to the extent permitted by law, County shall indemnify, defend and hold harmless City against any actions, claims or damages arising out of County's negligence in connection with this Agreement, and City shall indemnify, defend and hold harmless County against any actions, claims, or damages arising out of City's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver if sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall the sand be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. 5. NOTICE: All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and shall be hand delivered by prepaid express overnight courier of messenger services, or mailed by registered or certified mail to the following addresses: COUNTY Palm Beach County Engineering Department Attention: Tanya N. McConnell, P.E. Deputy County Engineer P.O. Box 21229, W. Palm Beach, FL 33416 Page 3 Page 24 of 808 CITY City of Boynton Beach Public Services Attention: Colin Groff, PE Assistant City Manager — Public Services 100 E Boynton Beach Blvd., Boynton Beach, FL 33435 If either party changes its mailing address of designated recipient for notices, such change shall be communicated in writing to the other party within thirty (30) days of the change. 6. MISCELLANEOUS PROVISIONS A. REMEDIES: This Agreement shall be governed by the laws of the State of Florida. Any legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The failure of any party to insist on a strict performance of any of the terms and conditions hereof shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. B. THIRD PARTY BENEFICIARIES: No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the COUNTY and/or CITY. C. ARREARS: The CITY shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any agreement, debt, obligation, judgment, lien, or any form of indebtedness. The CITY further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. D. ACCESS AND AUDITS: The CITY shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Agreement. The COUNTY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CITY's place of business. Page 4 Page 25 of 808 Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-421 - 2-440, as may be amended. The Inspector General's authority includes but is not limited to the power to review past, present and proposed County agreements, transactions, accounts and records, to require the production of records, and to audit, investigate, monitor, and inspect the activities of the CITY, its officers, agents, employees, and lobbyists in order to ensure compliance with agreement requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be in violation of Palm Beach County Code, Section 2-421 - 2-440, and punished pursuant to Section 125.69, Fla. Stat., in the same manner as a second-degree misdemeanor. E. NONDISCRIMINATION: The CITY will include in the aquatic management contract that, the Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression, or genetic information. F. SEVERABILITY: If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. G. ENTIRETY OF AGREEMENT The COUNTY and the CITY agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. F. ATTORNEY FEES: Any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and conditions of this Agreement shall be borne by the respective parties; provided, however, that this clause pertains only to the parties to the Agreement. L GOVERNING LAW AND VENUE: This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida without regard to any contrary conflicts of laws principle. Venue of all proceedings in connection herewith shall be exclusively in Palm Beach County, Florida, and each party hereby waives whatever their respective rights may have been in the selection of the venue. Page 5 Page 26 of 808 J. LIABILITY: The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party (or parties). Nothing contained herein shall be construed as a waiver by the parties, of the liability limits established in Section 768.28, Fla. Stat. K. LAWSUITS: CITY shall promptly notify COUNTY of any lawsuit -related complaint, or cause of action threatened or commenced against it, which arises out of or relates, in any manner, to the performance of this Agreement. L. DEFAULT: The parties expressly covenant and agree that in the event any of the parties is in default of its obligations under this Agreement, the parties not in default shall provide to the defaulting party thirty (30) days written notice before exercising any of their rights. M. JOINT PREPARATION: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial constraint, be construed more severely against one of the parties than the other. N. BINDING EFFECT: All of the terms and provisions of this Agreement whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors and permitted assigns. O. HEADINGS: The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. P. COUNTERPARTS: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Q. ASSIGNABILITY: This Agreement may not be assigned without prior written consent of all parties to this Agreement, provided such consent may not be unreasonably withheld. R. ANNUAL APPROPRIATION: County's performance and obligation to pay under the Agreement is contingent upon an annual appropriation by the Board. S. FILING: Page 6 Page 27 of 808 A copy of this Agreement shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. T. EFFECTIVE DATE: This Agreement shall be effective as of the last date that it is signed by all parties hereto. THIS SPACE LEFT BLANK INTENTIONALLY EXECUTED by the CITY OF BOYNTON BEACH this day of 1201 (Authority Seal) ATTEST: CITY OF BOYNTON BEACH Judith Pyle, CITY Clerk Steven B. Grant, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY CITY Attorney EXECUTED by COUNTY this day of 1201. (County Seal) ATTEST: PALM BEACH COUNTY, FLORIDA SHARON R. BOCK, By ITS BOARD OF COUNTY Page 7 Page 28 of 808 CLERK AND COMPTROLLER Deputy Clerk, APPROVED AS TO FORM AND LEGAL SUFFICIENCY Assistant County Attorney Page 8 COMMISSIONERS Mayor APPROVED AS TO TERMS AND CONDITIONS: Division Director Page 29 of 808 lk, lk, A lk, lk, I:o,XHIBIT' I Page 30 of 808 ffn CONSENTAGENDA 2/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-028 - Authorize the City Manager to sign Tower Site License Agreement with Crown Castle of Canonsburg, PA 15317, lease amount $4,800 per year for Utility Meter Services automated meter infrastructure 3rd tower antennae installation. EXPLANATION OF REQUEST: The Tower Site License Agreement is for a third antennae for the AMI (automated meter infrastructure) system utilized by the Utility Department, Meter Services Division. In 2012 the Utility began working towards migrating from AMR (drive — by meter reading systems) to AMI (fixed based meter reading systems). At that time, two optimal tower sites were selected for system wide coverage, for antenna mounting to receive and transmit meter reading data from meters throughout the system to computer systems in the Utility Department. The two existing towers — are 1-95 and Woolbright Road — vicinity of the Little League Park, and Miner Road between Congress Avenue and High Ridge Road. These two towers meet a 98% coverage, we have a weakness in the very SW area of our service area, and the NW area is expanding as vacant land is developed. The initial Sensus agreement provided, upon completion of the transition (Summer 2014), a new propagation study would be performed and locations would be sited if needed for booster or additional antenna. Sensus also has an obligation to provide a 3rd antennae at no cost to maximize our communication coverage for the AMI. The City is responsible for the third tower siting, application, installation and any on-going leases/permits, etc. In 2014, the City started siting possible sites/poles etc. The City explored FPL, City owned land, along with existing tower sites. The list was reviewed by Sensus and the recommendation is an existing tower at Woolbright and Military. During April/May 2017, the City made contact and progress with Crown Castle, the owner of the tower, in order to verify optimal height availability and structural integrity. The City is now at the point of execution of a lease agreement, following this, the City will then proceed with engineered construction plans and permits and installation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Automated Meter Infrastructure collects and transmits data for use in billing, leak and zero consumption analysis, customer interaction, and will be available to customers directly in the future. The third antennae will improve the 98% reading data rate to 100% and is planned for growth of the Utility system in the western areas. FISCAL IMPACT: Budgeted The lease is $4,800 per year and has been planned for in the AMI CIP project, WTR138. ALTERNATIVES: The City can continue looking for other optimal sites in the area, or continue to obtain reads manually in areas with poor communication transmission. Page 31 of 808 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D AddE)indUlirn Description RE)SOkAboin approviing thE) City MainagE�lir' sigin a Tbwe,r SitE)I JCENIISE, Agir'E)E)irTlE)l['lt with CCAT T agrEsENrYIENI'lt Page 32 of 808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R18 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN A TOWER SITE LICENSE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CCATT, LLC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Tower Site License Agreement is for a third antennae for the automated meter infrastructure (AMI) system utilized by the Utility Department Meter Services Division; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the City Manager to sign a Tower Site License Agreement between the City of Boynton Beach and CCATT, LLC.; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2: The City Commission of the City of Boynton Beach, Florida does hereby authorize and direct the City Manager to sign a Tower Site License Agreement between the City of Boynton Beach and CCATT, LLC., a copy of which Second Amendment is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon its passage. C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\3F6B40C3-B98B-438C-A958-60301B26BB2E\Boynton Beach. 9016.1. Crown—Castle—Tower Site_License_Agreement-_Reso.Doc Page 33 of 808 31 PASSED AND ADOPTED this day of , 2018. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (City Seal) VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\3F6B40C3-B98B-438C-A958-60301B26BB2E\Boynton Beach. 9016.1. Crown—Castle—Tower Site_License_Agreement-_Reso.Doc Page 34 of 808 IIVI�uN�IVI 111611111111011,11 Ra pllilm9illpow(wO I 111� 01 %yin, .. . . . . . . . I Date: January 12,2018 To: CITY OF BOYNTON BEACH Attention: Barb Conboy Regarding: CITY OF BOYNTON BEACH COBB Util#3 BUN: 842787 / / WPi2 (ABBS) / App # 396322 Dear Barb Conboy: Please find enclosed for your review and execution by an authorized signatory of MY OF BOYNTON BEACH, the document for the above -referenced wireless communication facility. If you have any questions regarding the details of the document, please contact Emma Bugel at 724-416-2673. F 71 04 IM11M .40 1 1- 0 5ITZ "t -Al V T-MAMNIT, W M I MQ 1 1y of Is' 0 ►#1 1 1 RM IAL;N;11`011� back to Crown Castle at the address below. Please include the name, e-mail, phone number, and phyiicWl sfteet address of the individual to whom the signed document should be returned. Note- FedEx and UPS cannot deliver to a Post Office box. Crown Castle �jr 2o1o Corporate Drive Canonsburg, PA 15317 Questions maybe directed to D cont or by phone at 1-844-753-8828. Thank you, Log -On, YMOM, a "inwe Pbundaldon for � ireIless Wor0d, CrnwnC,ast[e.ccnn HD Version: 4110115 Page 35 of 808 ICIIP��t'111C)YWN CASTLE Customer Site Name: COBB Util#3 Crown Site Name: WP12 (ABBS) Customer Site No.: N/A .IDE Business Unit: 942797 Customer Type: Government License Identifier: 597898 Type of Site: Crown Site 101YLK �,Jrt �i. (LICENSE FOR USE OF TO AND GROUND SPACE) THIS TO SITE LICENSE AGREEMENT (this "Agreement'l is entered into as of this day of (the "Effective Date"), between CCATT LLC, a Delaware limited liability company, with a place of business at 2000 Corporate Drive, Canonsburg, Washington County, Pennsylvania 15317 ("Licensor"), and City of Boynton Reach, with its principal place of business at 100 E Boynton Beach Blvd, Boynton Beach, Palm Beach County, Florida 33425 ("Licensee"). The parties hereto agree as follows: Unless otherwise noted, as used in this Agreement references to Section numbers are to sections in main text of this Agreement, references to Exhibits are to those documents attached to this Agreement, use of "including" and "includes" means a non -exhaustive list of examples, and use of "or" means "and/or, The following terms as used in this Agreement are defined as follows: "Acquiring Party" means any person acquiring title to Licensor's interest in the real property of which the Site forms a part through a Conveyance. "Adjusted FW means the adjusted Basic Payment or other fee, as applicable, calculated as set forth in Section 5.2 below. "Adjustment Date" means the date on which the Basic Payment and all other fees set forth herein shall be adjusted as set forth in Section 5.2 below. "AM Detuning Study" means a study to determine whether measures must be taken to avoid disturbance of an AM radio station signal pattern. "AM Detuning Study Fee" means the fee payable by Licensee to Licensor to defray Licensor's costs incurred in preparing or obtaining an AM Detuning, Study. The amount of the Fee shall be reasonably commensurate with the scope and complexity of the subject AM Dettming Study. "Base Fee" means the then -current Basic Payment or other fee, as applicable. "Basic Payment" means the consideration paid by Licensee for the right to use the Licensed Space as described in Section 5.1 below, which consideration is subject to adjustment as described in Section 5.2 below. Tlr�: E 1532037 Pvc,pared b)%; A,4, patto'n App Rey #. I Prrport4 ow $ I p 212018 LRF Rev 0: 2 Rrwistd oo�� CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) I Page 36 of 808 1011111,,IIICWIVINI 1U,!11ikSTLE Customer Site Name: COBB Uti1#3 Customer Site No.: N/A Customer Type: Government Type of Site: Crown Site 7 All W i I I W11* "Closeout Documentation" means the as -built drawings and other installation documentation required by Licensor with respect to the subject installation of or Modification to Equipment. "Code" means TIA-222-X, where the "X" refers to whatever revision of TIA-222 is currently adopted by the jurisdiction in which the Site is located. "Conveyance" includes any exercise by a Lender of its rights under the Security Instrurnent, including a foreclosure, sheriffs or trustee's sale under the power of sale contained in the Security Instrument, the termination of any superior lease of the Site and a-T,v o*er'rvI sale or c-mvevavze-,-&tYe Licewzo�'_-rte-nst i -r. fre ns"�a-ry of *I 1 0. 1. 01 1 Ii I Vile 6�ssl;d op) I I 11y'sup) win [1d; -I- .1 LI mov""Olavatj $may [,,Ill v"dil, ,r•.K0)W4,W &J,Vk7WAWM,Wf,"A9J4 WJJ W4J,,VJ 01JUM IPT period stipulated herein, as described in Section 13 below. TT: E 1532037 Prepared by: M. Patton App Rev#: I Prepared on: 1/12/2018 LRF Rev 4: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SM LICENSE AGREEMENT (11-29-2016 version) 2 Page 37 of 808 111CAS I I Customer Site Name: COBB U61#3 Crown Site Name: WP12 (ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type. Government License Identifier: 597888 Type of Site: Crown Site "Government Entity" means any federal, state or local governmental unit or agency thereof with jurisdiction applicable to the Site. WITTITITP715 I'll— I 1 1* — 0 1—graligong Said amount is subject to adjustment in accordance with Section 5.2 below. TL WA to time, as described in Section 2.2 below. "Intermodulation Study" means a study to determine whether an RF interference problem may arise. Licensor's costs incurred in preparing or obtaining an Intermodulation Study. The amount of the Intermodulation Study Fee shall be reasonably commensurate with the scope and complexity of the subject Intermodulation Study. 66 Z: - "Laws" means any and all laws, regulations, rules, or requirements promulgated by Government Entities. 11111 1� 111111 11111 i 1111111111�11pll r �� I — 1 1; —1 1 Mill! 0 U11 cerx-I M -&U . eXLV:LL ULM SLUD LIPPIRCUL lb 1 19 5191418 Nlt & JL frequencies. "Licensed Space" means that portion of the Site that is licensed to Licensee hereunder. "Licensee" means the party named as "Licensee" in the first paragraph hereof and its successors -in -interest. "Licenser" means the party named as "Licensee' in the first paragraph hereof and its successors-in-iIterest. Prepared by: M. Patton App Rev #: I Prepared on: 1/12/2018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 3 Page 38 of 808 CROWN CASTILE Customer Site Name: COBB U6143 Crown Site Name: WP1211 Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier: 59788TI Type of SW: Crown Site "Modification" means (i) any addition of equipment outside the boundaries of any permitted equipment pads on the ground, (ii) any addition of antennas or Y. structures on the ground or on any equipment pads, (iii) any use of space on the ground or on the tower outside of the Licensed Space, except as otherwise expressly permitted herein, i any change to the shape or location of the Licensed Space on the ground or on the tower, as applicable, ii the addition of generators or generator fuel tanks in any location, (vi) any addition, modification, or replacement of equipment on the tower other ffian as may be specified herein, ii any change to the frequency ranges specified herein or the use of any frequency outside of the frequency ranges specified herein, or i any use of power in excess of the power level specified herein. Notwithstanding the foregoing, the replacement of any of Licensee's equipment (if any) on the tower with new, identical equipment (i.e., equipment of the same quantity, make, model, size and weight), in the same location as the previously permitted equipment, shall not constitute a "Modification", provided that such replacement does not negatively affect the tower's loading capacity, as determined by Lic . "Modification Application Fee" means the fee payable by Licensee to Licensor in the amount of Zero and 00/100 Dollars ii to defray Licensor's costs incurred in evaluating a Site Engineering Application with respect to a Modification. Said amount is subject to adjustment in accordance with Section 5.2 below. "NTP" means a written notice to proceed. ase if equipment prior to the installation or modified use of Licensee's Equipment. "Prime Lease" means the leaseii subleasei or other similar prior agreement(s) from which Licensor's rights in any portion of the Site are derived, and which may contain res,Vctio-T-s oTt. itqe of 6e, Site. 'J-yT 7X;zFFj7—�—J—fNI - - I I., X � , X ;�*- S II may have been amended or assigned) between Licensor and Licensee to the extenj applicable to the Site and the subject matter described herein. "Pro Rata Share" means the fraction or decimal equivalent determined by dividing one (1) by the total number of then -existing users of the Site. In no event shall the Pro Ratz Share exceed fifty percent (50%). For the purposes of determining "Pro Rata Share", Licensor shall be deemed to be a then -existing user of the Site. "Regulatory Compliance Costs" means the reasonable costs, including reasonable attomeys' fees, incurred by Licensor at the Site after the Effective Date in order to comply with any applicable Law. TT: E 1532037 Prepared by: M. Patton )kl'ip Kr A, I Prepared on: 1/12/2018 IRFRIw 0: 1 Revised on - CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 4 Page 39 of 808 CRC)'l CASTIII E Customer Site Name: COBB UtiI#3 Customer Site No.: N/A Customer Type: Government Type of Site: Crown Site means radio frequency- CrownSiteName: WP12(ABBS) JUE Business Unit: 842787 License Identifier. 597888 "Site" means the property referred to in Section 2.1 below, which is owned, leased, or otherwise controlled by Licensor and which contains the Licensed Space. "Services Agreement" means any active agreement(s) between Licensee and Crown CaSik WTa7P6SJtVtU ?greement(s) may include, without limitation, any master services agreement, projerl 214en1ix, purchase order for services, and/or other similar agreement. - Ill --Mr -rj7V V attached hereto as Exhibit C. incurred with respect to its performance of a Structural Analysis with respect to the installation of Licensee's tower -mounted Equipment described herein or with respect to any Modification to Licensee's Equipment. Said amount is subject to adjustment in accordance with Section 5.2 below. wS-U-6-5eq—U-e-nr4se lcerligor-sorwiu.L-Iur-x$-C;T--s equipment subsequent to the installation or modified use of the Licensed Equipment as described in Section 6.1 below. Jill ligilJ1111 JJIJIJJJgi�i f i' 4 IT: E 1532037 Prepared by. IVL Patton App Rev #: I Prepared x:1112 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 5 Page 40 of 808 Customer Site Name: COBB Util#3 Customer Site No.- N/A .Customer Type: Government Type of Site: Crown Site 1, 10 '1A I " 14 10,31 ffiM'Tff = to f-4�)J�OTIGHL UFILCo 3ILCLA1 ICAMINUI Mt-7-00�40LIPHICUL Ir -TILL Lx;� Dim, as tict lul-111 in Section 2.5 below. AMR M11411011444111m,'"I"I", 2.1 The Site. The Site consists of that certain parcel of property, located in the City of Boynton Beach, the County of Palm Beach, and the State of Florida, which is described in Exhibit A kiereto. 2.2 License to Install, Operate and Maintain the Equipment. Licensor hereby gmnts a liveg-Re to Licetsee tgc ivstill. *Yveratr-ags'f, eke Rtui-tyfieT-t o -T,. Vke Site 'Zded.-4. 6,-e Licensec�,, S -D Application and Tower Level -.0/rawing (or other documentation), if applicable, attached hereto as Exhibit B and as shown in the Site Plan (or other documentation), if applicable, attached hereto as Exhibit C. If this Agreement is replacing a Prior Agreement, the parties aclmowledge that the Equipment (or a portion thereof) may already be installed on the Site and that Licensee may currently operate and maintain, the Equipment (or a portion thereof) on the Site. Such license is subject to the Installation Standards and restricted exclusively to the installation, operation and maintenance of Equipment consistent with the specifications and in the locations identified in Exhibit B and Exhibit C. 2.2.1 Tower -Mounted Eggipment Not Installed Within 180 Dgys After Commencement of Installation. With respect to the installation of any tower -mounted Equipment not already installed on the Site pursuant to a Prior Agreement, if Licensee fails to install all of its tower - mounted Equipment as described in Exhibit B (or as described in any future amendment for a J F.WMXCXff iw V '14 TT: E 1532037 Prepared by: M. Patton App Rey #0 I Prepared on: 1/1212018 LRF Rev m 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 6 Page 41 of 808 F9357Wr-riFQ-7VV-.�*— 111111. 01, ,1_ . 11CRO"IiiI 11MEIIISTLE Customer Site Name: COBB Util#3 Customer Site No.: N/A Customer Type- Government Type of Site: Crown Site 11 : It I , . I ; . F attwlrl�m MUMLI 2.7 L, `I Remedies for Undocumented Installation or Modification. In the event that Licensee breaches this Agreement by installing Equipment or making a Modification other than as remedies, notwithstanding any other terms of this Agreement.- (i) the right to collect from Licensee an the Basic Pavment at the time of said notice). -olus the Modification AD1)lication Fee, vlus anv costs incurred I ON11,11I I 1` I$ It 11IM"a4la f 1 No 0).TJ 1014 of I E*J; IN to) 0 MV32 quic I I GREQN, 9&="r_r1 09,11 Nam= 1WMNT UIC r -r-1 YMY= FIgHL LU U4� V111a�le DWIC L=W Modification. In the alternative to other remedies available to Licensor hereunder (i.e., the other remedies available to Licensor outside of this Section 2.7), Licensor may terminate this Agreement and require Licensee to immediately vacate the Site. 4WO.Kb 'LL1t; JACUTINIII aPUUV AULIL 31LVP jL11wil1iltz, �My 111IP.111';,0110FL LlIQl-CII as SIAld itilt; WIN 3.1 Access to Site. Licensor hereby grants to Licensee a non-exclusive license for pedestrian RyNiihit A_Inid TroTr-exclusive lice-tse tn-access LiceTSor's utiliki casement. if anv. on a 24 1MIf' "Wow- to maintain, operate and repair utility lines, wires, cables, pipes, lines, or any other means of providing utility service, including electric and telephone service, to the Licensed Space. Licensor shall have no duty to remove snow or otherwise maintain the access area; MiM 1"li, however, in the event that Licensee requires access to the Site but snow or some other obstruction on or in the access area is preventing or o6e-icAy Kw1*J1W-10L*1,:AL*I 0V.)&*10x1kt1L*LL4LLM1.L1 11LUILYI-IT U11111MUL1JIS kUSIF ffJ11J7V& -113F k71141INi- %-WRIG 4IF PIII L111I UIVIE iLLLWA-X�LP&2q'1S1'01 JAUVIN,= al fM+ r a contractor approved by Crown Castle for the subject Work. The foregoing limitations on Site and tower access are material terms of this Agreement. TT: E 1532037 Prepared by: M. Patton App Rev #: I Prepared on: 1112/2018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 9 Page 44 of 808 CR110"INN liCiEkSTLE Customer Site Name: COBB Util#3 Crown Site Name- WP12(ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type. Government License Identifier: 597888 Type of Site: Crown Site 3.3 Notice to Licensor. Licensee agrees to provide prior notice of any access to be made by at (800) 7 8 8-7011 (or by providing notice as otherwise directed by Licensor). For safety reasons, access to %Ac Site is restdct&t ti, tium wI elevate-twirk is L+t loeSuigi 1c! tYe SiteAy my other person. 3.4 Licensee's Use of the Site. Licensee shall use the Licensed Space at the Site to install, unlicensed frequency ranges specified herein, at the power levels specified herein. 3.5 Permits, Authorizations and Licenses. Except as otherwise agreed by the parties in writing, Licensee shall be solely responsible for obtaining, at its own expense, all required permits, authorizations and licenses (if any) associated with its occupancy of Licensed Space at the Site and utilization of Equipment thereon and shall promptly provide copies thereof to Licens1 + ! 3.6 Zoning Approval. At least seventy-two (72) hours before submitting any zoning �qg& Keul, -WA& 1-�ew Fakwj e."A'I i1 1(t to Equipment at the Site, Licensee must provide Licensor with copies of such zoning application or amendment. Licensor shall respond to Licensee with its approval or rejection of such zoning application 9.r amendment within seventy-two ( 72), hours after its receivt of coies thermZ..,provided that if Licensor does not respond within said period, Licensor shall be deemed to have approved same. Licensor reserves c r x' k 1.1r? t7 7 7 =7 MWT, T771 T I TM. ? V EMM TIMM or other obligations. Except as otherwise agreed by the parties in writing, Licensee shall be solely ,fF 7!=rtmr., kv) mir"Aing T -My 11i ,!1 141f J1�-.YJ.%PH11LL1J, &-MTUTCiii 11130.4,116 Full f11 iii ,LT11VT approval with respect to same and (c) any other related expenses. 3.7 Utilities. Licensee shall pay for all electricity and other utilities it uses. If separate metering is unavailable, Licensee shall pay a share of such costs as reasonably allocated by Licensor. rsk-11-14 4.1 Term of Agreement. The term ot this Agreement shall commence on the Term w I FJ ir-ki 4064*60-, "'i"W"'Mo, -1 t tgl Ki.ai I 11.1m I Islugggi; NPAIJ a I I LT -JW U -JI 11 a-Viliss 00 1 , si 4.2 Automatic Term Renewal. The Term shall automatically extend for Four (4) renewal ill AN TT: E 1532037 Prepared by. M. Patton App Rev #: 1 Prepared on. 1/12/2018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 10 Page 45 of 808 11CRO"I C4,1S 111 L111E Customer Site Name: COBB U61#3 Crown Site Name: WP12(ABBS) Customer Site No.: NIA JDE Business Unit- 842787 Customer Type- Government License Identifier: 597888 Type of Site: Crown Site fiot to renew the Term, at least Ninety (90) days prior to the Ctmnt Term Expiration Date. In the event qg R,�pq'Tialtzt4A tke-Cu- T -ixu Fxpirztm I I a#tA—PTr -SRP-h-ia-23A il shall apply with respect thereto. 4.3 Term Subject to Prime Lease. Notwithstanding the foregoing, if a Prime Lease applies nf tky g tewuijalej %"w g -,,irttion ir joination Landlord, then the Term of this Agreement shall continue and remain in effect only as long as Licensor retains its interest under the Prime Lease. 9 KKI, h, W I 5.1 Basic Payment. Licensee shall pay to Licensor Four Hundred and 00/100 Dollars ($400.00) per month, subject to adjustment in accordance with Section 5.2 below (the "Basic Payment"), for its license and use of the Licensed Space. The Basic Payment shall be paid in advance and without g6p encement Da_te and on the first day of each month thereafter continuing for the Term, subject to extensions as provided for herein. Payments shall be made by check payable to CCATT LLC, P.O. Box 732462, Dallas, TX 75373-2462. Licensee shall include the JDE Business Unit No. 842787 on or with each payment. Payments for any partial month shall be prorated. 5.2 Adjustments to is Payment and Other Fees. The Basic Payment and all other fees YcTCQ�TRAWV wyifuall m Yvw-- Payment that are expressed as fixed dollar amounts) shall be increased (but never decreased) on the first anniversary of the Term Commencement Date and every anniversary of such date thereafter (the "Adjustment DI by three percent (3%). Licensor's failure to demand any such increase shall not be construed as a waiver of any right thereto and Licensee shall be obligated to remit all increases notwithstanding any lack of notice or demand thereof. Such adjustment to the Basic Payment and other fees shall be calculated by the following formula: ry 702-TIMM I'll!! M, i � i� I 1.111�30=11 i =.. � �� 11111111111111111 I� � 11111 I� llr!Irr! ''III 1 !1111 0 T : . ANN= � i i I i III ii ; � mom ME 37 ine 3 11 0 VIJWO - *77 Share of such Regulatory Compliance Costs within thirty (30) days of receipt of Licensor's invoice for same (together with supporting documentation). of the Site or the Licensed Space. Licensee shall pay to Licensor or the appropriate taxing authority, if and wheI due, any sales, use, ad valorem or other similar taxes or assessments which are assessed or due by I Mu V 31MJK1WJ Prepared by: M. Patton App Rev #:1 Prepared on. 1/1212018 LRF Rev #: 2 Revised on - CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-2942016 version) 11 Page 46 of 808 111CAST1111 E Customer Site Name: COBB U61#3 CrownSiteName: WP12(ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier- 597888 Type of Site: Crown Site reason of this Agreement or Licensee's use of the Site or the Licensed Space. At Licensor's election, LisLag-sm.%9_111 91tow, Liwaiztr �-- any Goverrunent Entity against the Site itself or against Licensor's improvements thereon. Licensor shall provide notice (together with supporting documentation) of any assessments to be paid by Licensee promptly upon receipt. Licensor shall invoice Licensee annually, indicating the amount of the assessment, Licensee's Pro Rata Share and the amount due. Said invoices shall be paid within thirty (30) days of Licensee's receipt. �2 1 4 111 IN 11 T suosequently to Tne insfanNuon or 01n1n 01 i'luctl3cc 5 Iluclibou of levels,,p6ermitted k� the FCC, In the event that Mir Subse-,uuent Use causes RF interference to Licensee's - �_�T_ �*- mwi.R_u iT,otify Licensor in writing of such RF interference, Licensor shall cause the party whose Subsequent Use is causing said RF interference to reduce power or cease operations in order to correct and eliminate such RF interference within seventv-two (72) hours after Licensor's receivt of such notice. and Gii) the MM interference to Licensee's FCC -licensed transmissions or reception. Licensor further agrees that any new licenses or other agreements that Licensor executes with third parties for a Subsequent Use will contain of its Licensed Equipment following receipt of a notice of such RF interference. 6.2 Interference by Licensee. Notwithstanding any prior approval by Licensor of Licensee's Equipment, Licensee agrees that it will not allow its Equipment to cause RF interference to. Licensor or other uses of users of the Site (including Pre -Existing Uses) in excess of levels permitted by the FCC. If Licensee is notified in writing that its operations are causing such RF interference, Licensee will uGQl rqn-ruuLially reamix-6,le &j4 ieeeuia- stey; t* Ietcxmij e tke camse jif =1 eRt&ate y z such RF interference. If the RF interference continues for a period in excess of seventy-two (72) hours following such notification, Licensor shall have the right to require Licensee to reduce power or cease operations until such time as Licensee can make repairs to the interfering Equipment. In the event that TjcevnrompIlM t,?ke su6,1 1 wee,. then Licensor shall have the right to terminate the and affiliates harmless from all costs, expenses, damages, claims and liability that result from RF interference caused by Licensee's Equipment. 1532037 Prepared by: M. Patton App Rev 1 Prepared on- 1/1212018 LRF Rev 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 12 Page 47 of 808 � . „ •�iTif-moi !� , «; ��3�"I�i�ZIik3�b�I�IF�!_�'I'� �lC3�F.T�K7�C3�7�'_ �iiUr i . W i Jlli ' Customer Site Name: COBB U61#3 CrownSiteName: WP]2(ABBS) Customer Site No.: i iiiType: Govermnent License Identifier: 597888 Type E ,,i Site 6.3 InterferencetoLicensee'sUnlicensed I oI '1 acknowledges Ar Licensee's operation of any Unlicensed Equipment is subject to any RF or physical interference, then neither Licensor nor other users of the Site haveanv duti or oblieation to remedvA 11% 1 A 1 1 i. 1 11 " f � , l- ' ' 1 #. .:. c i `1l ;. ` ri � 1111 +'1019101 .,•.' 1 . 1 l �," f !' 'T i l' I i� l� 11 f -. l aoU of such Equipment to another i :! the Site. Licensorapprove tI' Site Engineering Application if sufficient s), 1 capacity . 1 the Site to accommodate such Unlicensed in its sole judgment. All costs for said relocation shall be the sole responsibility of Licensee. IftheSite continue to apply t! such Unlicensed Equipment as relocated and this Agreement shall be amended to ceflect such relocation. 7. RE MOCATION OF FnUIPMENT BY LICENSOR 7.1 Relocation f f I lil I I or's Option. Licensorhave the right to change the location of the Equipment (including re -location of Equipment on the tower to an elevation used by CA I 1111W W11114 III W61111011W1140 IMAHJ shall be evidencedan amendment 8. RF EXPOSURE agreesLicensee ,; ..wer or suspend operation of necessary and upon regulatorynd1 Licensee shall keep the Licensed Space, the Site and any inter st it or Licensor has therein free from any liens arising :From any work perfbrmed, rnaterials furnished or obligations :arae d by or at the request of Licensee, see, i ncludi n y mortgages or other financing obligations., and shall discharge any such lien filed, in an. manne.r satisfactory to .Licensor, within thirty (30) days after Licensee elves written notice 'fromany party that the lien has been filed. TT: E 1532037 Prepared Rev : Prepared o: 1/12/201Rev #: Revised : CROWN CASTLE STANDARD FORM T (11-29-2016 vers 13 Page 48 of 808 IE)oruftn Envelope 11111 5AD40377-4701D4A96. E3431F12AGOIF1 DIF FIE.:12 '4IC WhIIII ICIAIS III �l llll l Customer aCOBBr ,1 `;m Customer No.: 1 r 842787 Customer f 59788V CrownType of Site: Notwithstanding 1" foregoing, it is acknowledged and agreed that Licensee (for itself alone) f 1' f.1 to f..., or a portion of I' above coverages A insurance I 1 :- 1 1 accordance with Licensee's customary and usual practice. Licensee agrees to provide to Licensor its standard form of letter confirming Licensee's responsibility for claims and liability with value up to the 1.2. CASU '.1117 � 1f�1�CY. OT"mDE.MNA".1.".I�. N . A: 4 . '. 1 ' A 1 I F.: : ' f' I '." ! . I 1 1 I ' '.. 1 f A' • 7 * � �. . f "" 1 I A _ ,, , •',. � ' . i .. 1 I . f 1 ' ' 1 ; f 1 , . ': f 1 '.. '. f �l 1 S ... a m1 . ' 11 ' q f; 3 1 # 1 .f - . 1 1 "' f, A #. # 4 1 1 1 A k-' C' ".. 1 1 f'•- shall be abatement of the Basic ayment for the period during which Licensee's use of the Site is interrupted. Except with regard to repair of the Site as stated in this Section 12.1, Licensor shall not be responsible 1 f any damage 1 by vandalism or acts of \ 1 In no event shall Licensor1.' liable to forcesLicensee for damage t the ?,oru�,*ment or inten3"t, ion or termination of Licensee's p- erations caused bit Lt majeure or of God. 12.2 Condemnation. I€ any part of the Site is taken under the power of eminent domain, Licensor and Licensee shall be entitled to assert their respective claims in accordance with applicable state law. . I1E1". LTI...o°1C" ]11.E.M:.1�:DIE� "IWAIIJE:IIC„ .:'1:' ..:t..I: ffl'i.:o� I, Each 1 the following shall constitute .Event ofDefault he1 pay any amount due hereunder ten ! days - receipt Awritten notice fromLicensorthat said ' 1 it .,. .. .: � - ,:.,1 f I 1 1 1 4 { • f;` 1 ► 1 - i 1 , 1. ;'. Work on the Site in violation of the requirements of Section 2.5 above; (iii) Licensee's breach of this Agreementby installing Equipmentor makinga Modification other thanpermittedhereunder describedin Sectionve; (iv) Licensee's violationof the Site or towerlimitationsSection i f f A I { ! 1 1 4 1: ! 4 A A 1 1 1' � •..:: 4 ". A f 1 . A f { : 1 " 1. 4 "'. A 1 1 R . ! 1 ',:. . 1 1'. ;I -.,. maim, 1. 1 f " f nO A Y-ZLIJUM 1 1...: 1 1.' A• • f' 1 1 1. 1 1 1 1 ..', A A {i 1 I ". _ V I i t 4. TT: E 1532037 Prepared by: M. Patton App Rev #: 1 Prepared on: 1/12/2018 LRF Rev M 2 Revised o: t':9k1O''i"WN CASTLE STAN 113ARD FORM. "1"0'WER, MIT 1.10E:MSE 1versi o-np 15 Page 50 of 808 11111111 CROWN CASTLE Customer Site Aame: COBB U6143 Crown Site Name: VVT 12 (ABBS3 Customer Site No.: N/A JDE Business Unit: 842787 Customer Type; Government License Identifier: 597888 Type of Site: Crown Site dently pursue and complete such cure. In the Event of Default by Licensee, upon Licensor's demand, Licensee shall immediately make full payment of all amounts that Licensor would have been entitled to receive 1R-cuiter f -#)r fte vIw *f tke—Ae-x-owre-it Tex -I gat JT 5191151 AR:ig1t tw. P-r-ce-le-rI and collect said payments, which rivX is in additim to all other remed'---&h or at law, including the right to terminate this Agreement as set forth in Section 19.3 below. Licensee j H . r _ i damages for any cause of action whether in contract, tort or otherwise, hereunder to the extent allowed by law. Licensee must inform Licensor (in the Site Engineering Application attached hereto as part of Exhibit B or in a separate written notice) if it will house batteries or fuel tanks on the Site. The use of any other hazardous chemicals on the Site requires Licensor's prior written approval. Licensee agrees to Aiiide to Licemirjunankter 6an "ef, Jajmw 15th, an Sniml iiv(--iTtnw y I. l i mc fee 110K The laws of the state or commonwealth where the Site is located, regardless of conflict of law principles, shall govern this Agreement, and any dispute related to this Agreement shall be resolved by mediation or litigation in said state or commonwealth. The period for bringing arty dispute related to this were such dispute to be brought to litigation. 16. ASSIGNMENT SUBLEASE SHARING This Agreement may not be sold, assigned or transferred, in whole or in part, by Licensee without the prior written approval or consent of Licensor, which consent may be withheld at Licensor's sole discretion. Licensor's consent to any such assignment, and Licensee's and the assignee's representations to, and agreements with, Licensor pertaining to such assignment, shall be evidenced by a form to be provided by Licensor and executed by Licensor, Licensee and the assignee. Licensee shall not sublease or license its interest in this Agreement, in whole or in part, either directly or through affiliated entities, agencies or departments. Licensee shall not share the use of its Equipment with any third party. Notwithstanding the foregoing, Licensee may allow other government entities, agencies and departments tMo. benefit from the operation of the Equipment, provided that any access to the Site by such other ofiWe access IV. 41 set fol& ix. Sec1on 3.2 Wiw— TT: E 1532037 Prepared by: M. Patton App Rev I Prepared on: 1112/2018 LRF Rev 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 16 Page 51 of 808 Docuftn Envelope ID: 5AD40377-47017-4A06-B43F-12ACOFI0FF-E2 4 iici.�,!!si- ri 11E Customer Site Name: COBB U61#3 Crown Site Name: WP12(ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site 17. NOTICES Except for notices of access which are to be provided as set forth in Section 3.3 above, all notices hereunder shall be in writing and shall be given by (i) established express delivery service which maintains delivery records, (ii) hand delivery or (iii) certified or registered mail, postage prepaid, return receipt requested. Notices are effective upon receipt, or upon attempted delivery if delivery is refused or if delivery is impossible. The notices shall be sent to the parties at the following addresses: As to Licensee- City of Boynton Beach 100 E Boynton Beach Blvd Boynton Beach, FL 33425 Telephone Number: (561) 742-6401, As to Licensor: CCATT LLC 2000 Corporate Drive Canonsburg, PA 15317 Attention: Legal Department Telephone Number: (724) 416-2000 Licensor or Licensee may from time to time designate any other address for this purpose by giving written notice to the other party. 18. PRIME LEASE OR DEED Licensor and Licensee acknowledge that Licensee's use of the Site is subject and subordinate ty the Prime Lease or Deed. A redacted copy of the Prime Lease or Deed is attached as Exhibit D hereto. liumnice or gruilcu us SULIML11 III LIU t FiLIIU 1,UdbV VI iVWFL tU-ft1e7CXtVffF-K-CJ ULU UPP-1-MUIV LU Licensee's access to and use of the Site. 19. TERMINATION 19.1 Withdrawal or Termination of Site Zoning Approval or Permit. In the event that any Site zoning approval or any of Licensor's permits to operate the Site as a communications facility is U."AdkRAM %h--�dn approval or permit. 19.2 Termination of Prime Lease. If a Prime Lease applies to the Site and the Prime Lease &U-1-1 � ' wo- Tf: E 1532037 Prepared by: rvL Patton App Rev ##» 1 Prepared on. 1/1212018 LRF Rev 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 17 Page 52 of 808 r101��'1111C>IVIJVfl�,J Customer Site Name: COBB U61#3 Crown Site Name: WP]2(ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Govermnent License identifier: 597888 Type of Site: Crown Site 19.3 Termination in the Event of Default. In the Event of Default by either party (the lki - , I . r I .V01,A'Vai X 19 MW PS&TWINJ ROOM, 1I V W 1-b provided to the non -defaulting party by law or under this Agreement. 1101NMZ�l.� No provision of this Agreement will be deemed to have been waived by either party unless the waiver is in writing and signed by the party against whom enforcement is attempted. 4PEUMS 0 'Me parties agree that, except to the extent otherwise required by law, without the express written nm_%enLPf the other ippaM,--r�ppart-Y shall reveal disclose or publish to ny fl-iird pArty the -terms of this Agreement or any portion thereof, except to such party's auditor, accountant, lender or attorney or to a Government Entity if required by regulation, subpoena or government order to do so. Notwithstanding the may disclose the terms of this Agreement (or relevant portions thereof) to (i) Landlord, if a Prime Lease or potential lessees or licensees of space at the Site, to the extent such disclosure to such potential lessees or licensees is reasonably necessary for the operation, leasing, licensing and marketing of the Site. The terms that may be disclosed to such potential lessees or licensees may include terms relating to Licensee's permitted frequencies for the purposes of RF compliance tests, and terms relating to Licensee's Equipment (if any) installed, or to be installed, on the tower for the purposes of Structural Analysis. 22.1 Subordination. Subject to Section 22.2, this Agreement and Licensee's rights hereunder and replacements thereof Said subordination is made with the same force and effect as if the Security Instrument had been executed prior to the execution of this Agreement. 22.2 Non -Disturbance. The subordination described in Section 22.1 is conditioned upon the lefault (beyond applicable notice and cure periods) hereunder, Lender, for itself and on behalf of its k-,uccessors in interest, and for any Acquiring Party, agrees that the right of possession of the Site and all ,Qj.,'ghts oh *11'1 J -,Niwt shall i in in full force ang to the W1 IMOTIM111 Ing INAWN LOJIM-1141 0 Isall J-.11 It's I I I t4fig 111i I RVA 14 N14111 IsM I I IT: E 1532037 Prepared by: M. Patton App Rev 1 Prepared on: 1/12/2018 LRF Rev 2 Revised on - CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) is Page 53 of 808 111CR111� W1,111 111MRSTLE Customer Site No.: N/A Customer Type: Government Type of Site- Crown Site 22.3 Liability of Parties. Licensee and Licensor agree (i) that any Conveyance shall be made WE not be liable for any act or omission of Licensor or any other predecessor -in -interest to Lender or any Acquiring Party. Licensee agrees that Lender mayjoin Licensee as a party in any action or proceeding to foreclose, provided that such joinder is necessary to foreclose on the Security Instrument and not for the purpose of terminating this Agreement. 22.4 Attornment. Licensee agrees that, upon receipt by Licensee of notice to attorn from Lender or any Acquiring Party, (i) Licensee shall not seek to terminate this Agreement and shall remain to terminate this Agreement, in accordance with its terms, and (ii) Licensee shall attorn to, accept and forth herein for the then remaining balance of the Term of this Agreement and any extensions or expansions thereof as made pursuant hereto. Licensee agrees to execute and deliver, at any time and fi-1n time to time, mTivr, eke retyest tif Lzm1r ?aLy Ag-,&vziL�Ag P-2Ay --Ty re2mxille k_rst-ff_K%eit VAirel Tirly le -Upecemw +r appropriate to evidence such attornment. ItA DO 01 DI !1[6) 9 IN [4 Licensee shall remove all of its Equipment and other personal property from the Site prior to, and shall surrender the Licensed Space upon, the termination or expiration of this Agreement. The removal of MW f -4 -MCA -7171 P -M, Ar_?S_1 Ikt _t4lwmekx� with the continuing use of the Site by Licensor and others. Licensee shall, at Licensee's sole expense, Licensed Space or to the equipment of any third party on the Site. Should any of Licensee's Equipment or other property remain on the Site after the expiration or termination of this Agreement, then: (i) no tenancy or interest in the Site shall result, and all such Equipment and other property shall be subject to immediate removal; (ii) in addition to any other rights or remedies that Licensor may have hereunder or at law or in equity: (a) Licensee shall, upon demand, pay to Licensor a fee equal to one and one-half (I V2) times the monthly portion of Basic Payment (based on the amount of the Basic Payment at the time of said expiration or termination) for each month or partial month during which any portion of Licensee's Equipment remains at the Site after the expiration or termination of this Agreement, Tr: E 1532037 Prepared by- M. Patton App Rey N: I Prepared on: 1/1212018 LRF Rev #: 2 Revised on - CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 19 Page 54 of 808 i•.rar��nxlrra . - i.�,�_�.�s�xrr�rr��f�►_�::�t��c��r_�.r��rll�� u;l 11 II CAS' I LE Customer Site Name: COBB Uti1#3 CrownSiteName: , Customer l CBusinessII Customer f': Govcmment Licensel I 1 1' :ii A 1 Site (b) Licensee shall pay to Licensor all expenses that Licensor may incur by reason of such Equipment or 1 property re11 1 IC Site after the expirationor I• of this Agreement, and shall(c) Licensee indemnifyholdLicensorharmless from and against all clai1." against Licensor by any third party founded upon delay by Licensor in deliv i possession of • 1 •- • or !•1 li Licensed improper rcondition• the Site, to the extent that such delay or improper or inadequate condition is occasioned b the failure of Licensee to perform its said surrender obligations or timely surrender of Space; , :.1 11 -° - 1 , i 1 . '.. 1 . � 1 l • l ' i' ! T' i " 1 • # ' • '. 1 f 1 ( • ,I Val (a) Licensor's liability for any damage to the Equipment or other property occasioned by such • and storageexpressly1 byLicensee, ! f 711 -M -77-77-7-C-711 it 1, 1 1 •� ` 1 • r h /. l" 1 1 i , chargeand e costs and any other fees owing under this Agreement, plus an administrativa equal to percent0% of 1"totalofsaidremoval1storagecosts,1 •' notwithstanding T R i 1 "' any Equipmentnot retrieved by ` I fI !. days after removal s1 . '.. be deemed . (; w 1 • `♦ by Licensee, and shall become t'.1 p- costsproperty of Licensor without finther action by either party, provided that such abandonment shall not relieve Licensee of liability for the costs of removal, storage and disposal of the Equipment, and Licensee shall reimburse Licensor for the cost of disposinL of abandoned Equipment plus an administrative charge equal to fifty percent (50%) of the of said disposal. 24, PRIOR EMENT Sl TERSEXPED 1 1: .,r 1 «:. . II ' � `` 1 `1':. l: 4i` f' -ll ;'! - - � "! �• 1' 1' 1 .': 25. C"O sNI PL I A N I�. NNIT11I s.� VV SU ♦ r_ i 1i f[ .r;1 ,r �� 1 !i1 - ,r - �1 i • *. -• 1,, t. E 1532037 Prepared y: M. Patton App Rev #: 1 Prepared on: 1/12/2018 LRF Rev#. 2 Revised on: CROWNCASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (1129®2016 version) 2 Page 55 of 808 C F�t,,Mv 11�111 ► !IISTLE Customer Site A; Pr COBB j,6143 Crown Site Name: WP12(ABBS) Customer Site No.: N/A JDE Business Unit. 842787 Customer Type- Govemment License Identifier: 597888 Type of Site: Crown Site such Laws at the Site. 26- 1JNJ`f," LOA 144-S �ANJ) FLEX-FRONK S I G N A, TI, � H: F'1� [Signature page follows] TT: E 1532037 Prepared by: M. Patton App Rev#: I Prepared on: 1/1212018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 21 Page 56 of 808 °iAD41)774"C,e 4A,943,-843F,12ACOF10R°-,FF2 CROWN CASTI �E Customer Site Name: COBB Uti1#3 Customer Site No.: N/A Customer Type: Government Type of Site. Crown Site IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals on the Effective Date. CCATT LLC, a Delaware limited liability company By: Print Name: Title: I N M&I By: ............ ............... Print Name: By: By: Print Name: Print Name: Title: Rv, Date: Print Name: 1532037 Prepared by: M. Patton App Rev 0. 1 Prepared on: I/1=018 LRF Rev 0: 2 Revised on - CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-2MO16 version) 22 Page 57 of 808 !0r - . I I oar` & - I I Wil 11MIA"'bil: I li lllcllll�Zovvllsl r licfilks 11171 1117". Customer Site Name: COBB Util#3 Crown Site Name: WP12 (ABBS) Customer Site No.: N/A JDE Business Unit: 842787 Customer Type. Government License Identifier: 597888 Type of Site: Cmwn Site E"Alli [151:°T A, to lowrrSite license Agreenteril See Attached TT: E 1532037 Prepared by: M. Patton App Rev #: I Prepared on: 1/1212018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) Page 58 of 808 mV.U."mu1 bikh111V!b'UMAAm, r WIN mwdL,.�!V MIsYm� lot �'^ mmlllmm fold lftm=UW Im� IIINud � 11,11161414) 'umn� III Idem mmlmm �mmm ON m m ,.I� M'�IIIUY idis 's �mn�m WKW4 cuter to mmm (illm/4"? umUU!� '��0 uum: � mu I � mm IIIA miiml . ummm 1.%6 IDE MkIllbarquir "Tim Imild moctiklm, m01�' m 'mmr'mmmm'Vmmmm. u l,m �uU�im'!mUVUmmm pwiJ' s the I m�mml :, s.n of thr1qftmy dm '1 1 Ii , mJMMUN 'LAnQ I t Ximm m' mm ftMan cd Ilii w�'um III�VUmiu ry, tNuuuwumm &AMI m mm u m !mjilm ' I 400. 'rGOAD m imnUu" InuulG III�� m �� .mull ��Vimllm� mlm QM F"Llimift urf.m Bali am IMP, I 45 mm m palft �m t m , II naHju 1d ' 31.18 ` Omit at the m hmu . '�'mi mem (as Il ui" '1 Im gym' µ . mm m '33.1 m An muum lices. l'mmmulm^ 'mnm m 189K*dm mmol"t. dE Of IIS ImmMm 1Ipr oma, wLth, mmmmm 62.0 M !(� ,mlll IIII 'uu l mm � Vim, m um Ru �m m, .I uuml mmm',: 419126 mm^ul "m Past Him nUmm'id, Rmli9N hum 301 I Ilmm^mlm"mII' I'm 0 depm.9 15'Im u1 1mmmi 'm310.10 Clot tdm mrmi ', MCOJI 11M.— Of I sactiml 1'136511p " "mmmm'm 1. Fb* MIl m t1m, ftcl* Ilimid, iWdni Ii 27-0 O101tU tJM .'up IIII'i,111 " M M'II S OMto f lld-1 ul1liirw I m, � I all Hoomd- Page 59 of 808 m 1°" I19 Page 60 of 808 IIII IIIIII � II uuw v m,wualmlimuw: uumuwuvdm u:W I dl �.,,�� I� '"a m':w�u"' �I:ulll' I W w,I III I L ww.w R i w M I � PIM �'BI:II QW 1 �.w �I: :::gym®:,.m. �. aw wpm TRICAM ull IIIIIIIIIIIII µ Page 60 of 808 COIRGWINII CAST I Customer Site Name: COBB Util#3 Customer Site No.: N/A Customer Type: Government Type of Site: Crown Site EXI I [Bl'I'll to Tower She [Acrivic Agrccmcut I I TF' 1532037 Prepared by.- M. Patton App Rev #. 1 Prepared on: 1/12/2018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 24 Page 61 of 808 CCTsiteqTm: Crown Costle Online Armlication Page I of 3 DocuSign Envelope Ill 5AD40377-47OD-4AB6-B43F-12ACOF10FFE2 C nzowlql CASI Immuo uuu Cust&��ne�r A��p��x��roveds. lw�n 08 �2,03 a Alplplliicatilnini1111)!: 31916122 111ROV1115111011n # !!I SIL1111113�inalttieid: Nov 101, 21017 Submitted By: Elizabeth Lamb Original Submit Date: Nov 01 2017 Desired Install Date: Jul 04 2017 Reason for Application . - First time antenna installation at this site IDE Job Number 446708 Applications are subject to applicable Crown Castle engineering, regulatory, zoning/planning, and priority property -owner approval. Approval conditions may result In alternative requirements for type and/or placement of equipment. Approval conditions may also lead to additional or revised engineering analysis at Crown Castle discretion and upon consent oft a customer. Coo mllpaiay EaftoininalliDin MLA: Stand Alone Agreement - TLA Company: CITY OF BOYNTON BEACH Address- 100 E BOYNTON BEACH BLVD City/Town: BOYNTON BEACH State. FL Postal Code: 33425 Customer Job N/A Number: Type: Customer N/A Payment Reference: Customer Site Name. COBB Uti Customer Site Number: N/A I egalli Ill Operating Legal Entity: CITY OF BOYNTON BEACH Primary Contact: Barb Conboy E-mail: conboyb@bbfl.us Address: 124 E Woolright Road City/Town: Boynton Beach RIF Contact: Waneya Bryant E-mail: bryantw@bbfl.us Piroilect Project Management Vendor: TBID Seirvilice Kii! �iii fu rii na till o in Silte Crown Castle WP12 (AS) Site Name: Crown Castle 842787 Site Ill Crown Castle Florida District- ress: 11051 SOUTH MILITARY TRAIL City/Town: BOYNTON BEACH State: FL Postal Code: 33436 County: Palm Beach Latitude, 261 30'46.476" Longitude: -800 7' 25.99211 Structure SELF SUPPORT Structure 200 It Type: Height: State- FL Postal Code. 33435 Phone: 561-742-6427 Frequencies Transmit Receive Svc Technology EIRP (WATTS) Std Frequency Start Stop Start Stop MHZ/GHZ CCTRit.eqTm: Crown Caqtle Online Arinlication Page 2 of 3 kocuSign Envelope ID: 5AD40377-47OD-4Ax, -B43F-12ACOFlOFFE2 I FM Radio 35.0 ESMR-900 935.0 940.0 896.0 901.0 MHZ Airiitcinina Kirffoii, iimrmdiun Irregular Status Cast Mount SQ. Footage Class / Log Width Height CAD C Line Mount or Mfg. Transm!tTransm!tReceive Receive Pos. Mount Elew Level Azimuth Face Model Svc Start Stop Start Stop Use Orient Status A SIDE 135 131.0 90 Leg AMPHENOLI 935.0 940.0 896.0 901.0 TX/RX Upright Proposed ARM FT B BCD -8707 N/A N/A MOUNT N/A N/A SIDE N/A N/A N/A N/A ARM N/A N/A MOUNT N/A N/A N/A N/A [SO N/A N/A 201-1] 110" eedllfirie Pos. Customer Mount ClassQty Mfg. Model Length Location Ladder Type Status A SIDEARM MOUNT 1 Primary: ANDREW N/A ALS -50 N/A 185.0 internal Leg B None Proposed Secondary: N/A Optional Co irmilrinpirteint 11[viforrnatiliain Pos.Customer Mount Class Qty. Mfg. A SIDE ARM MOUNT N/A N/A lRompeiii ill'tequliiiii"ex,iii,iiiiieiii�iii,ts VAC Need Crown Power 120 No III ease, IlIkuld,aiaid 111,,lullillidgirig 11111imigii,m !I! iii, aurmumreui^tts 23n�� Lease Pad Building Ottileir 11131aid lllleqlL,Illiiii'meiii',neiii!,Rts Number of Existing Cabinets: Number of Proposed Cabinets: Cabinet Lease Pad Cabinet Gaii iii,eiii atou 1111�'teiqtillireiir„iiiiiaiii iiits No generators exist for this application 1111:11Iatteiry Req a !I! reii,in eii,ds Type 9ty. N/A 0 Tower Mounted Equipment Model Type Elevation Status N/A N/A N/A N/A Phase Amps Single Phase 0 N/A Width Height SQ. Footage Irregular Status N/A SQ. Footage Length Width Height SQ. Footage Irregular Status 5ft Oin Sit Oin 5ft Oin 25.0 SQ. Footage PRPSD N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 0 1 Length Width Height SQ. Footage Irregular Status SQ. Footage N/A N/A N/A N/A N/A N/A N/A N/A PRPSD 5ft Oin Sit Oin 5ft Oin 25.0 N/A PRPSD ift 10in Ift 10in Oft 10in 3.36 N/A PRPSD Is Battery Backtip Required'? No Mfg. Model N/A N/A M.”, 1104 M 111! 11111111119.3- 7MITO ME .ror,JIIIIII 1�111111 CCT,qit,eqTm - Crown Ca.-qfle Online Annlicatinn Page 3 of 3 DocuSign Envelope ID: 5AD40377-47OD-4A96-B43F-12ACOFlOFFE2 N/A 0 N/A N/A Scollaeof Woric / Add! thoina III Koiffoirilinatilloin Scope of Work: Install omni antenna at 135 feet, Set AFrame on 5'X5' leased area and mount M400 base station onto Aframe mount. Install coax and electric per Crown Ca le requirements. **1indlicat,eis w1heire Cut SlImet daii,ta Thais been er%teired. ue cunrastemr-"itgo-m—Lirrent rewirpiun or be performed to 47 CFR22.371. The customer Is responsible for all analysis expenses. All construction drawings are subject to Crown Castle engineering approval prior to commencement at tower attachments and compound installations. Installation of equipment not conforming to approved drawings may violate the terms of the occupancy agreement and will be corrected at the customer's expense. Crown Castle requires drawings for pre -construction approval and as built drawlings for physical configuration validation to be submitted as unlocked AutoCAD files (Version 20001 preferred). A1113111,jeridix A Alilitaiiiiiiiia, 11::eed III III ine1111 M111111111 Slll!!!iiiec'i,flll;,ca,tiloi,,iirnE; Antenna Specifications Quantity Manufacturer Model Type Height Width Depth Weight Flat Plate Area 1 AMPHENOL BCD -8707 OMNI 85.0 IN 2.6 IN 2.6 IN 20.0 LBS 0.0 IN2 Feedline Specifications Quantity Manufacturer of Nominal Size Nominal O.D. ANDREW AL5-50 7/8 1.1 IN 111 !1111111111 �Ilr V M Rq =w 9; 1 1 1 M, M of I "1. 1 111111111 =LJ I - , .,..:4 4 vWMJD:A a1104a1,CM DRAWNING OjAwffl 1111! 11 't 11 MMS 11 wo 11 iiewgi, �AZ 11 11111011 IIRWA paw IImIng MNKII '60 �i INDE ..................................................................................... .0 ... . ..... I CWANIQ , ..... C Ckbln� E ............................. .......... 11 ................... ........................ .......................... L............................... .......... .......................... lik . ......... . . ................... . Ilmmmry I ImMic tH iii;;; r i LEM. Page 65 of 808 DocuSigin IE..rnvdope 1111: 5AD40377-47GID4A96 li3431�:° 12ACOI:'-'l OFI:'-E2 Customer Site Name: COBB Util#3 Crownsite Name: WP12(ABBS} Customer Site No.: N/A JDE Business Unit: 842787 Customer Type: Government License Identifier: 597888 Type of Site: Crown Site .EXHIBIT C to Tower Site .L.1cense Agreentent LOCATION ANDDIMENSIONS (1,ENGTH, WIDTH, HEIGHT) OF EQUI.PM.FNT.BLJT..[.,DING/F.I.,OO.R SPACE AND ANY OTHER GROUND BASED iNs,rALLxrioN AT TFIE SITE "M 1532037 Prepared by: M.. Patton App Rev #: 1 Prepared on: 1/1.2/2018 LRF Rev #: 2 Revised on: CROWN CASTLE STANDARD FORM. TOWER SITE.I.JUNSF AGREEMENT (11 29 2016 version) 25 Page 66 of 808 UIQ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 6— V,3" , . i HIM " r I I /NnA llpfllllll�y rlml:: "Milaw, 112 O'Mw 111I, 11"AD/ 11 NDEVdd'M%du Uhuyi AUSE11, IMIC m DWIT-111, Rm M III DFIM lADIG M MM: ON A N A AREA 1 ::11 MING lu" A V D%W Y INGINEW 16MI114271117 11 FAU 11,11 A, I :qvl �Av' 0— ;U D 11,11HUMVIM Page 67 of 808 cirzoI wlq CAST Customer Site Name. COBB Util#3 Customer Site No.: N/A Customer Type: Government Type of Site: Crown Site Crown Site Name: WP12(ABBS) JDE Business Unit: 842787 License Identifier: 597888 TT1-1-1 1532037 Prepared by: M. Patton App Rev #: 1 Prepared on: 1/1212019 LRF Rev & 2 Revised on: CROWN CASTLE STANDARD FORM TOWER SITE LICENSE AGREEMENT (11-29-2016 version) 26 Page 68 of 808 11051 South Military Trail, Boynton Beach, FL FA No. 10070049 GROUND LEASE AGREEMENT STATS OF FLORIDA (K.r T Fee Site) :,- II. fi w f°. f fIfl Number/Social Number: 1' .. og its permitted successors and ns, "Lessee) and NCWPCS N w�WER HOLDI successors f assigns, 110F07-TITIff11 "A ent" es this Ground Lease Agreement. "Approvals' permits, /. other approvals 11 k'. discretion, deems7f its intended use of f.. h "Commencement Date" means December 16, 2013. *f this Agreement. �ffffTFT=affjTgsseT Sectionforth in f of this Agreement. 11substance designated, `fi1 dclassified or regulatedas a hazardo substance, hazardous material, hazardous waste, pollut i 1' 1 1'. 1 4' 1{ I l► f l l'. fi fl' 1 I 1 I fl ' if 1 1" 4 1 11 1i asbestos, (vi) flammable explosives, (vii) infectio 1radioactive materials.4 means theComprehensive Environment, Response, '11 I Compensation, andLiabilityAct o1980, Sections9601, et,.I the Resource ..ci Conserva.1 i Recovery Act F 1976, nSections6901, `f theToxic1 aIControl l 1 2601. 1 the HazardousA. f I. ion ` f fand the Clean Water Alct�, e ve U.S.C. Sections 1251, et seq., as said latw�s f f f /i I amended 1 I. '. I promulgated pursuant to said laws and any other fed state orlocalorordinan which regulates or proscribes storage,Y I If presence, i..clean-up,transportationor or threaten 1' release 1the environmentofHazardous f f 1'communications including tower structures, equipment shelters, meter 1 *114 Xot" I 103)ZIL140 WIC03a boards 1111 ` f` I structures and uses incidental o i 1 ' 1 1: ♦ � f Premises" portion Property i 11 a parcelof approximatelyf square feet and outlined in red and described in Exhi "Lessee" has the meaning set forth in the Recitals. Attention:PCS, LLC, 1 1 f. _ Department,Boynton ■ f FL, FA1. 10070049, 208 S. Akard St., Dallas, TX 75202-4206, +� 1 I; S. Akard St., Dallas,i 'l+. Attention:" and Assistant General Counsel Corporate. SVP f l Assistant Counsel Corporate. 4 0 1 1 -,. r lqq 1 i! f 1 1 s Florida, 1'fj by Less1 includes II FvBeach, I A Fsaidinstrument1' !� rieretoas Exhibit T1has forthmeaning1' 20 of "Non -Defaulting P ' has the meaning set forth in Section Page 69 of 808 1in nowaydefine, 1 or describethe scope of this Agreement I.i..theintent 1anyprovision hereof Construction of Document. Lessor and Lessee 1' deliveryas a binding offer until signed by Lessee. Notices. All notices hereunder shall be in writing and shall be given by (i) established national courier service which maintains 1 1 I delivery,1 certified or re requested. •'ces are effective upon receipt,1 upon l attempted deliverydelivery7 or delivery 11 1 1 ♦. ! A A `.1 ! t i l ' W-CaFfy for accomplishingdelivery. 1' notices 1'sent to LessorLessor'sl Address f 1 `4 Lessee at NoticeA I Partial 1%a 1 Il /thisAgreement found termsto be void or invalid, then such invalidity shall not affect the remaining 1this Agreement,which shall 1 fu.e tv,'oll forceg11 i... Page 73 of 808 Iwrms.,,ss Wifl-AE011F. LI and Lessee having read flhe fibregoing and inwnding to he legally bound hereby, have execuLed ihis Agreement as of the day andyc'Ur this Agreement is fully execwcd. NEW CINGULAR WIREILM PCS. LILC 131 AVI &I IV I, A1, 31, C its Maragell 1� A, �3 14' �O ""S 411,;,14, I� STATE I 'nms COUNTY OF DALLAS On fids day per.sonally appeared belbre �d . . ..... to nie kntmvim to III the individwiali(s) descrilbcd in gum who and acAm-Mecip i , e a l !cd lhall he,,(shic/theysignedthe same. a!s histherfthe r R e nid voliumary acl and deed, Iffirthe wscr, and purpioses thercin rviienflioned, Given undier my hand amend wM of'officethis 'ch -v"' C." 20 13 Al wwwmW Notary Putfl ic rcsiding t uglI INIARA Pubfic, colinlyll J,Sigmatures continued u.vn following pagel JA II IN III �djxrumtry h1pic to kescr% O'(1:11111oplom III I B0% IIA011 BUMALL I 'I Page 74 of 808 0 , - 0 0, 11 1 N , 1 1 1 1 � NC%TCS MPL 25 .- YEAR SITE'S'll"CMER I �OLDINGS LLC QJE r I ( By: d4lF&I 1, IN C m r -n on, fts Manager By: Name: 'VNI :s vrAlE (MYTEXAS C'0UNl"V0F DALLAS On M day pmonaHy appcowd befoire, jnR d, to rne ldimwvi to, be Ute indivhhjM(s) describled hil o exicx.,luted thic wishin and wid ackz omdedge d hm hchheAlwy Mgincid ffic sairvic as histher/lbeir free anid g t aincl wli Mwery mi md deed, fhr [he uses and limploses thercin vnenfioried. (inn wWw my hnd andsciflI olflofficc� ii[iis you Notow PubHc reWdOg a! Mad NamE7&,oAX&Ae,,-7"gym 16 My Commission Expires: day or g�L7g _ , 20 I 1 [A,'I&, 1 SiLpiwitiuiv Papic w Rv".I['Nod h'ukjplr"V'�II clrow, %vylill.Lu'1111 Borlellill, 111 Page 75 of 808 Copy of Lift Station Easement Agreement RI l Page 76 of 808 214"Q: Q '44PR910-21167109 2. ORB Qsal F4 t 'i, at 61 can :�SIDRWL L'ma ON 0 IDWd4URK - P8 ClUff, IFL Mhft lu" .9, s Lmd ins 1W.I.Vad RivWq, (1990) bbtMaM AMW nall I ar busumm I 'Rg" D eats'st2ft" at g -r. Cwtua&ML W , q.am. Thlamamb-ammuz— IPWWilk 'Umbf1mrst Put md" I a narIft �;wwar jfttrWl*Wp with a im in tM ft.aft of n.Mdft—, ax",y ur� MMUg, pwtV r tell iimalApaft of tro firft, pLft, ftw wd in rwm%ddg=Ljm, of "M DIOXIA= 13ML pttWlW'VBbAftM CartitiftVWU$ �in vmnd jALd at lading wd d4imy lal! thm prusaft, thera.wipt wbarsof then zyl; rrf age77 of 808 ooapmwmwnmAil"'". "�WI[N",Niffhr ORB qW5,31 P1 gym„ III Imp 7 , IIIALMMMAREL them party Imv,W,` theAI ixismr„ p arlt IU as Dwrrllmltum met Vlllrmu hind Illlrmn m291w OK ,IV,IC 'm';P&^ar•Aum',vm, h,momw,aaaausimid'IMS Dwitzmami Its be WILSwid,in ,Lutma Carplurate nium Vug,;pa VV.ics duly suphoslized no ' Alli alYalomd Its mmlluma:IR to IM rmAl� nwu 111fil"l Im ¢iMdSpA ky :ammnnalr°tmfAll's Mark IIIrf.• IAprrlt XIMIuw tli,.m m,dVA#�R EM MIALUMNIM- Calirporate'p IIID q1'I I w� ( 401W +,�,, �1Vp, ' p°us�mwllmp.lumt'w II�'�_y�,� Abrr.�malt,r� rilA'� nIWmWL u � ,.oI�, ,,,,,,,, 'I (t�cf 01 n..�nnlivrru,... nn w ti�� p :�- pr dTalaphii i V�Co. AIM pruVr lttm� 1141 907nmmrprm� Sit, 0620nrrpwamm2 :3I11A hvilpma amtma emturpLaudcrdapuur„ Irtackids State- or �Gw pA: 'p,�„t�„ A'pmAA�maA�rma�lp �"w ^W,, p�ma�luummYwm A'A�ppm° w SII „ wamawwity um ... ....... I hirlra'Vm!,y cerVi.,try that mmuoo ANIS ma;p 'ya dp:'maurarm Mule,„ on off"Vl�cei diii ,Rauult'himlrlamilp 1I1m CIN liltatiff auolFa reselLid mond OWI CI�mmmmt,'� amVlama`llres aVAd tin tmal mmm'aWriilowpa dilir�m �altam,, p�mu'ar am'unaffi'll1Au Iapplilarold IY' w to 6 Illawa 'wn iund known alum bG the 1pe1ircillm I¢Ilmmua ri,bed in and i aRsteci ammo thi Euirli Vl.mm ltrtmenut ullamu '!JJ,pp, F,,rRI of the utreu'rpormmrll,amuru rilanmramtll thorelluma ra0d pirrsaniluillLy sekmowl.indIped 'gym Vl.'IuwIIY°am me r;Iisc Mw executed ii,,Iham nae an an o:PCEScila Vtulm 111r 'wume mend an bdm'A'elf of sold mrlmurppur ur:lttara, p,p;1lxuurm mm'AIUIIpaIIur bj bAnd I semlU i¢;Ilm..lp „p ,�, ....... Il1oll:r of. ,......;;,,m� l ,l!0,k....... a Pic'ANov "I II V IF lAllip � w tp ,Sinimill Vuu Vll IIA .IIIUp. IUIYm'u Il�a,o,VmIII.ICnr, �,.�� ”' ""� w. ��•' P phis ulttmamtr'mmuummmmt 'IV re by - III S. 1ptEApelliatmpp,n Emmp,,, dUlllp ,u VNp'VI ' V INA atmmammrieltmm TallepnVVmulmm'mr 116 IM&Sr'aph +Yum, FALIM 111MACM IAURIYT"iVVu Abp IV. ra uu b tr " 11' IIIV. E. gAp au"Mat A'tVuluIV,mmmSkY'a;116IIP" m VppIIP age 78 of 808 DocuSign Envelope ID: 5AD40377-47OD-4A96-B43F-12ACOF14FFE2 IiA MBIT 41" .11051,1;omthMUltail-"rrai4Boy-nton, Beach,FL, FA#10070049 Leased Pnmuisps is approximately IN x "74 feet aselm. ,6i dravving above (,flipped upaiiiie ourn to rnmichpictur-c) and nilarked with solid red line ion snap. Access i�s Olesame as, offim, i mi the site dwoup1b, the exisfiug,paA-::hng lot aiid is approxhimtely 16-20" wide. Red affou, indicates access to 11KC)"W, 2 Page 79 of 808 110"WIMI"iW 0", "Wn '11 Fool"111 110011010141OW1 . " M,W WIN -jW 11 HOWNWIN 11�1"WARI rj�O��(.Wg IMMI-IY4vMUf0jffj to modify existing fencing surrounding the tower compound solely to align with the boundaries of the Leased Premises or accommodate firture expansion of the Leased Promises. rl III Fjou a - Page 80 of 808 Envelope Id: 5AD4037747OD4A96843F12ACOF10FFE2 Status: Sent Subject. BU-842787–PLIC-597888–APP-396322–STA–WP12(ABBS)_CITYOFBOYNTONBEACH—COBBUtjl#3.pdf Area: STA License: 597888 BusinessUnft: 842787 Applicationid: 396322 District: FLA Source Envelope: Document Pages: 46 Signatures: 0 Envelope Originator. Certificate Pages: 5 Initials: 0 Megan Patton at Crown Castle AutoNav: Enabled Canonsburg, PA 15317 Envelopeld Stamping: Enabled megan.patton@crowncasbe.com Time Zone: (UTC -05:00) Eastern Time (US & Canada) IP Address: 64.213,130.241 Record Tracking Status: Original 1116/201813:20:01 PM Signer Events Kalyani Polaggarl Kalyani.Polaggari@crowncaste.com Security Level: .Email ID: beeb2e30�fif-474c-80ee-fdd5cOf5dce5 11/16=18 14:47:32 PM Electronic Record and Signature Disclosure: Accepted: 1/16/201814:47:38 PM ID: 16a73ea5-beIB-483c-a4b-3387522680bI Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Security Level: Email, Account Authentication (None) Not Offered via DocuSign Holder: Megan Patton at Crown Castle megan.patton@crowneasge.com Signature ComIl,,,)Ieted Using IP Address: 208.103.121.51 Location: DocuSign Timestamp Sent: 111612018 13:40:33 PM Viewed: 1/16/2018 14:47:38 PM Signed: 1/16/2018 14:47:45 PM Page 81 of 808 q'-Igner Events Signature y Execution Specialist executionspecialist.emb d nstie.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign System Sync system.sync@crowncestle.00m Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Crown Manager, Contract Development Signing Group: Crown Manager, Contract Development Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer i Timestamp Editor Delivery EventsTimestamp Agent Delivery EventsStatus Timestamp Barb Conboy Sent: 1/16/2018 1 4:48:28 PM oonbayb@bbfl.us Viewed: 1/17/2018 111:46:17 AM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure- Accepted: isci ure:A pted: 1/17/2018111:46.17 A ID: b8feb992-e -4949- 4d-5f2ld04b91b8 DelegateLicensor + . - (*1 i Security Level: Email, T) AccountAuthentication Not Offered via DocuSign Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Page 82 of 808 Emma. 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Page 85 of 808 C00111 CONSENTAGENDA 2/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-029 -Authorize the Mayor to sign an I nterlocal Agreement with the CRA for technical support services. EXPLANATION OF REQUEST: Effective Date: February 1, 2018 At the Boynton Beach Community Redevelopment Agency's February 13, 2018 Board meeting the CRA Board approved an I nterlocal Agreement with the City of Boynton Beach for technical support services for a three (3) year term beginning on February 1, 2018 with a 3% annual increase. The ITS department has been providing technical support to the CRA since 2006+ under an interlocal agreement (R06-53) approved by City Commission. The I LA was approved for two (2), three (3) year terms On J une 10, 2014, a new I LA was approved (R11-06) which allowed for an initial three (3) year term. The new ILA will be effective February 1, 2018 and continue until terminated by either party. It contains a pre- determine fee increase for each year for the first three (3) years. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City's ITS department will continue to provide services to the CRA in connection with the day-to-day operations of computer and network technology systems. FISCAL IMPACT: The City would receive the following from the CRA for technical support services: Year 1 2/1/18 - 1/31/19 $25,415 Year 2 2/1/19 - 1/31/20 $26,178 Year 3 2/1/20 - 1/31/21 $26,964 ALTERNATIVES: Do not approve interlocal agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 86 of 808 Is this a grant? No Grant Amount: ATTACHMENTS: Type D IRE)S()ll LA ti 0 II'l D I ['ItE)irlocall Agir'E)E)irTlE)l['lt D A ttac Ih rTIE) II'l t Description RE)SOkAboin appiroviing III1 A wii th C RA for T�.,c h SE)irviC,E)S C RA I I A for I T Svcs 2018 C RA AgE)inda li tE)irn 2...13...18 Page 87 of 808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. R18 - A RESOLUTION OF THE CITY COMMISSION OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT FOR TECHNICAL SUPPORT SERVICES BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR A THREE (3) YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach ITS department has been providing technical support to the CRA since 2006 under an Interlocal Agreement approved by the City Commission via Resolution R06-53 and Resolution R11-06; and WHEREAS, the new Interlocal Agreement will be effective February 1, 2018 and continue until terminated by either party. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission approves and authorizes the Mayor to sign an Interlocal Agreement for technical support for a three (3) year term from February 1, 2018 through January 31, 2021. CRA payments to the City of Boynton Beach for technical support during the three (3) year term shall be as follows: Year 4 2/1/18 — 1/31/19 $25,415 Year 5 2/1/19 — 1/31/20 $26,178 C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\52566012-9B3D-4975-A8EC- 8523DB33B462\Boynton Beach.9026.1.ILA_with_CRA_for_Tech_Services_-_Reso.doc -1- 0 :: • = 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Year 6 2/1/20 — 1/31/21 $26,964 Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2018. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (City Seal) VOTE YES NO C:AProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\52566012-9B3D-4975-A8EC- 8523DB33B462\Boynton Beach.9026.1.ILA_with_CRA_for_Tech_Services_-_Reso.doc -2- Page 89 of 808 This Interlocal Agreement for Technical Support ("Agreement") is hereby entered into by and between the Boynton Beach Community Redevelopment Agency (the "CRA") and the City of Boynton Beach (the "City"), which are individually referred to as a "party" and collectively referred to as the "parties." WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Florida Interlocal Cooperation Act"), permits the party, as public agencies under the Interlocal Cooperation Act, to enter into interlocal agreements with each other to authorize one public agency to exercise, on behalf of the other public agency, jointly held powers, privileges or authorities which each such public agency shares in common and which each might exercise separately, permitting the public agencies to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geography, economy, population and other factors influencing the needs and development of such public agencies; and WHEREAS, the City and CRA have determined that it is mutually beneficial and in the best interests of its citizens and residents to enter into this Agreement; WHEREAS, the CRA and the City find that this Agreement serves a municipal and public purpose and will help further the Community Redevelopment Plan through the efficient use of resources; NOW, THEREFORE, in consideration of the mutual covenants and conditions herein expressed, the party hereby agree: 1) Recitals. The recitals above are true and correct and are hereby incorporated herein as if fully set forth. 2) Technical Support Services. The City agrees to perforin the computer Technical Support Services (the "Technical Support Services") in connection with the day-to-day governmental operations of the CRA. The Technical Support Services are more fully described in the document titled "Technical Support Services Provided," which is attached hereto as Exhibit A and hereby incorporated herein. The CRA shall provide all materials, equipment, and supplies necessary for the City to perforin the Technical Support Services, The CRA shall use its best efforts in cooperating with the City in providing the inforination and documentation necessary to City in the performance of the Technical Support Services. 3) Term. This Agreement shall be deemed effective as of February 1, 2018, and continue until tenninated by either party. Page 90 of 808 4) Payment. CRA shall pay City for the Technical Support Services as follows: a. CRA shall pay City $25,415 for the first year of this Agreement, which shall start on February 1, 2018. b. The annual amount paid to the City for Technical Support Services shall increase by three percent (3%), rounded to the nearest one cent, every year after the first year until the Agreement is terminated. This increase shall be effective starting February I each year. c. Unless otherwise agreed by the parties in writing, invoicing and payment for the Technical Support shall be made as follows: i. The City shall invoice the CRA for the Technical Support Services in in the first week of each quarter. Each invoice ("quarterly invoice") shal I be for one quarter of the annual amount owed to the City. The first quarter shall begin on February I each year. ii. CRA shall pay the City within 30 days of receipt of the quarterly invoice. Payment of the quarterly invoice is deemed to be for Technical Support Services provided the previous quarter. iii. Regardless of the other terms of this paragraph, the CRA shall have 30 days after both parties have executed this Agreement to make the first payment due under this Agreement. d. The payments described in this section shall be full compensation for all work performed and services rendered. e. The parties agree that should the demands on City increase as a result of additional work stations of the CRA, additional employees of the CRA, or changes to the CRA hardware or software inventory, the CRA and City shall renegotiate the annual fee paid under this Agreement upon receipt of a written request from City to renegotiate. 5) Termination. Either party may terminate this Agreement for any reason or no reason by providing thirty (30) days written notice to the other party. Termination without cause shall be without liability to the terminating party. In the event this Agreement is ten-ninated, the CRA shall pay the City, within 30 days of termination, the pro rata sum for Technical Support Services performed prior to the Agreement termination. 6) No Discrimination. The City shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation, or disability for any reason in its hiring, promotion, firing, or contracting practices associated with this Agreement. 7) Compliance with Laws. In the performance of the Technical Support Services under this Agreement, the City shall comply in all material respects with all applicable federal and state laws and regulations and all applicable Palm Beach County, City, and CRA ordinances and regulations, including ethics and procurement requirements. 8) Immunity; Indemnification. City is a state agency as defined in Chapter 768.28, Florida Statutes, and CRA is a public agency created pursuant to Chapter 163, Florida Statutes, Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which Page 91 of 808 sovereign immunity may be applicable. Nothing herein shall be construed as consent by the City or CRA to be used by third parties in any matter arising out of this Agreement or any other contract. This section shall 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. Notwithstanding the foregoing, to the extent possible without waiving sovereign immunity, the City shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to negligent or wrongful conduct or faulty equipment (including equipment installation and removal) associated with the Technical Support Services. This paragraph shall not be construed to require the City to indemnify the CRA for its own negligence, or intentional acts of the CRA, its agents or employees. To the extent permitted by law, each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 9) No Partnership, Etc. The City and the CRA agree nothing contained in this Agreement shall be deemed or construed as creating a partnership, joint venture, or employee relationship. It is specifically understood that the City and its employees, subcontractors, volunteers, and agents are independent contractors and that no employer/employee or principal/agent is or shall be created nor shall exist by reason of this Agreement or the performance of Technical Support Services. The City will exercise its own judgment in matters of safety for itself and its employees, subcontractors, volunteers, and agents. 10) Non -Exclusivity. This Agreement is considered a non-exclusive Agreement between the parties. During the term of this Agreement, the CRA shall have the right to purchase services that are the same as or similar to the Technical Support Services provided for in this Agreement from any other source, 11) No Transfer. The City shall not subcontract, assign, or otherwise transfer this Agreement or its responsibilities hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity. 12) Waiver. Waiver by the CRA of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. Either party may elect to waive any provision of this Agreement so long as such waiver is permitted by all applicable laws, statutes, ordinances, rules, and regulations and is made in writing to the other party. 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, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the party designate the following as the respective places for giving of notice. Page 92 of 808 CITY: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Dishy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 14) Severability. If any part of this Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not affect the other parts of the Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can continue to be achieved. To that end, this Agreement is declared severable. 15) Entire Agreement; Amendments. This Agreement represents the entire and sole agreement and understanding between the party concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the ten -ns of this Agreement. 16) Governing Law, Jurisdiction, and Venue. The terms and provisions of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of law principles. Venue and jurisdiction shall be Palm Beach County, Florida, for all purposes, to which the party expressly agree and submit. 17) Public Records. The City and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Page 93 of 808 Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreei-nent and at least I year after the termination of the Agreement. 18) Filing. The City shall file this Interlocal Agreement pursuant to the requirements of Section 163.01 (11) of the Florida Statutes. 19) No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 20) 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 party. Page 94 of 808 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. City Clerk Approved as to form: City Attorney Approved as to form: CRA Attorney CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida Steven Grant, Mayor BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY,lic agency organized and ex' 'n , nde the I a P�the State of Florida By: Steven G"r'a-nt, Chair Page 95 of 808 Technical support will include support for the CRA's server and storage, firewall, router, network equipment, personal computers, printers and peripherals, City of Boynton Beach enterprise software (Active Directory, Exchange ernail, SunGard/HTE Naviline, etc.) and CRA specific software. Support will also include use of the GIS Division's SSRI software and access to GIS staff for training, education and support of SSRI and other GIS -based software. Other services such as use of the City's security policies, anti-virus software, Windows automatic update policies will apply to the CRA computing and network environment. Technical support services include unlimited technical support during non -nal business hours (Monday through Friday, 8:00 AM to 5:00 PM), as well as access to ITS on-call personnel for emergency issues during non -normal business hours. The City of Boynton Beach will utilize change management policy to address any configuration changes to the CRA servers, PCs, peripherals, printers, and network environment. Technical support response and resolution parameters are based on problem severity and impact on business operations. Our service level agreement parameters are listed below and will be adhered to by our staff for this support engagement. Severity Code Customer Impact Service Response to Customer Resolution Time 1- Critical Business Halted Updates every 30 minutes Until Fixed 2 -Urgent Business Impacted 2-4 Hours 4 hours 3- Important Non -Critical 1-3 Days 1-3 Days 4- Request Normal Business 3-5 Days 30 Days Page 96 of 808 BOYNTOrr r� r IN 'RA,, CRA BOARD MEETING OF: February 13, 2018 NEW BUSINESS AGENDAITEM: 14.C. SUBJECT: Consideration of I nterlocal Agreement for Technical Support Services with the City of Boynton Beach SUMMARY: The ITS Department of the City of Boynton Beach have been providing technical support services to the CRA since 2006 under an Interlocal Agreement (ILA) approved by the City Commission (Resolution R06-53) (see Attachment 1). The 2006 ILA was approved for two, three-year terms. On June 10, 2014, a new ILA was approved by the Board and City Commission (Resolution R11-06) which allowed for an initial three year term with an option to renew for two additional three-year terms. Additionally, the 2014 Agreement requires the annual fee to be equally divided into four installments at the beginning of each quarter to facilitate fiscal year end billing (see Attachment 11). Since the 2014 Agreement did not allow for additional extensions and quarterly reimbursements, a new agreement is now necessary in order to continue receiving IT services from the City. The new ILA for Technical Support Services retains the City's Information Technology Services (ITS) Department to provide the CRA with services in connection with the day-to-day operations of computer and network technology systems. The new I LA provides for payment terms, automatic renewal terms including pre -determined fee increases in the amount equal to 3% per year (see Attachments I I I - Proposed 2018 1 LA for Technical Support Services and Exhibit A). This agreement shall be deemed effective as of February 1, 2018, and continue until terminated by either party. The total annual cost for the technical support services, including the 3% yearly increase, for the first three years are as indicated below: Year 12/1/18 - 1/31/19 $25,415 Year 2 2/1/19 -1/31/20 $26,178 Year 3 2/1/20 -1/31/21 $26,964 FISCAL IMPACT: FY 2017-2018 CRA Budget Line Item 01-51650-210 Page 97 of 808 CRA PLAN/PROJECT/PROGRAM: N/A CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: 1. Approve the 2018 1 nterlocal Agreement for Technical Support Services. 2. Do not approve the 2018 Interlocal Agreement for Technical Services or provide alternate terms, conditions, or modifications to the Interlocal Agreement for Technical Support Services. ATTACHMENTS: Description D Attachment I -2004 ILA for Technical Services D Attachment II - Proposed 2018 ILAfor Technical Support Services D Attachment III - ExhibitA of 2018 ILAfor Technical Support Services Page 98 of 808 ipirr "��".I.w,i� CAL .lid' 'IIS E I.,,N'll" 1lll?li(::1 .'I.'.E :;I]N, IiCAL � '' IPlll 01t.'1" Po ' ,wr THIS INTERLOCAL AGREEMENT, made and entered into this day of 2014, by and between: COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF BOYNTON BEACH, FLORIDA, a public agency, having the address, 710 North Federal Highway, Boynton Beach, Florida 33435 (hereinafter referred to as "CRA"), CITY OF BOYNTONFLORIDA, a municipal corporation, address,11 East Boynton BeachBoulevard, Boynton Beach, Florida 33435 (hereinafter referred to as 11CITY"). WHEREAS, at its meeting of June 10, 2014, the City of Boynton Beach approved entering into this Agreement with the CRA, providing for the provision of technical support services by CITY to the CRA; and W EAS, at its meeting of June 10, 2014, the CRA approved entering into an Agreement with CITY, and NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and conditions herein expressed and of the faithful performance of all such covenants and conditions, CRA and CITY • # mutually agree as follows: 1. EROJ'.Illid�'C' ' DIII,KSl1t; 'A:TI1ON. CITY is retained by the CRA to perform computer technical services in connection with the day-to-day governmental operations of the CRA. 2. SCOPE OF ��.5"EIZVICES. Cl."I").' agees tocrforin the services, identified in t1kA_ • • c u m - n t - n t itled, "Client Agreementand Conditions for. Services which is attached hereto and made a part hereof as Exhibit "A". All material equipment, d supplies necessaryto perform said services responsibility of CRA. CRA shall use its best efforts in cooperating with CITY providing the information and documentation necessary to CITY in the performance the Technical Services under sa - 3. This Agreement - effect uponthe termination of that certainInterlocal Agreement for Technical Support dated February 28, 2006, approved by the City in Resolution R06-053 and twice since extended by the Parties for two three year extensions, the second of which is reflected in and approved by CRA resolution No. 11 - 06 - Date"). Agreement shallbe - of may be - - by - parties # two additional - (3) year terms. This - Page 99 of 808 Agreement shall terminate upon mutual agreement of the parties hereto or upon thirty (30) days written notice of intent to terminate from one party to the other. 4. CITY shall be paid by the CPA for services rendered under this Agreement as fbilows. a. CITY shall be paid the sum of Twenty Three Thousand Four Hundred Eighty Six ($23,486.00) Dollars for the first year of this Agreement. b. CRA shall pay the annual amount owed to CITY, in four equal installments at the beginning of each quarter. The first quarter shall begin on the first (I ") day of the month following the month in which the written notice to proceed as provided for in Section 3 is given. The CRA shall pay, and the CITY may invoice payments to facilitate fiscal year end billing. C. The annual payment to CITY shall increase by three (3%) percent for each year during the term of the agreement and any renewal terms. Said increase shall be effective on February I" each annual anniversary of this Agreement. 1- Payment as provided in this section shall be fall compensation for work performed, services rendered. e. The parties agree that should the demands on CITY increase as a result of additional work stations, additional employees of the CRA, or changes to the CRA Hardware and Software Inventory, the CRA and CITY shall renegotiate the annual fee paid under this Agreement upon receipt of a written request from CITY to renegotiate. 5. C('),MPLJA.N(...E WITH LAWS. CITY agrees to perform the services contemplated by ... . ................................................................................................................................................................................. I ........................................ this Agreement, and 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. 6.IMMIJNrry. ....................................................... ......................................................................................... i. CITY is a state agency as defined in Chapter 768.28, Florida Statutes, and CRA ism public agency created pursuant to Chapter 163, Florida Statutes. To the ext permitted by law, each party agrees to be fully responsible for acts, omissions, e negligence of their agents, officers, or employees. Nothing herein is intended to se as a waiver of sovereign o e immunity by any party t• which soverign immunity may r 11 applicable. Nothing herein shall be construed as consent by a state agency or polit* c subdivision of the State of Florida to be sued by third parties in any matter arising 0 of this Agreement or any other contract. M Page 100 of 808 Section 163.01, Florida Statutes, and that each party shall retain all legislative authority with regard to its respective governing body. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents or employees of any public agency when performing their respective functions within the territorial limits for their respective agency shall apply to the same degree and extent to the performance of such functions and duties of those officers, agents, or employees extra -territorially under the provisions of any Interlocal Agreement. I - 7, INDEPEINDENIIA: 0,N`JJR.A(.,'111'OR S"I'AlTIJ& .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . ................... _ . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... a. CITY and its employees, subcontractors, volunteers and agents, shall be and remain independent contractors and not agents or employees of CRA with respect to all of the acts and services perforrned by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. b. CRA will not be responsible for reporting or paying employment taxes or other similar levies which may be required by the United States Internal Revenue Service or other state agencies. 9. N(,..)N-..DISCR.I�..M.IN.A'.T.ION AND E( UAL OPPORTUNITY EMPLO'YMENT'. ........................................................................................... During per lbrirnam.,"'e of t1W,, Agreet'nent, CITY shall not 4,1iscrit-iiiiaate against. an- y employee or applicant for employment because of race, religion, color, sex or national origin. CITY will take affin-native action to ensure that employees are treated during employment, without regard to their race, creed, color, or national original. Such action must include, but not be limited to, the following: employment, upgrading; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CITY shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this non-discrimination clause. •NON -EXCLUSIVITY. This Agreement is considered a non-exclusive Agreement between the parties. The CRA shall have the right to purchase the same kind of services to be provided by CITY hereunder from other sources during the term of this Agreement, 10. ASSIGNMENT. CITY shall not sublet or assign any of the services covered by thi� Agreement without the express written consent of the CRA. 11. NON -WAIVER. Waiver by the CRA of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. M Page 101 of 808 L2. TE�v'*TIINATIQN. This Agreement may be terminated for convenience or cause by either party by providing thirty (30) days notice to the other party. Should termination bg for convenience, termination shall be without liability to the terminating party. In. the event of any termination, CITY shall be paid the pro rata sum for services performed, or if prepaid, CITY would return to the CRA the pro rata sum paid in advance. 13. DISPUTES. In the event that a party has a dispute with respect to the other party's performance hereunder, the party shall notify the other party in writing in accordance with Article 14, advising of the disputed matter. In the event that the disputed matter is not resolved to the satisfaction of the CRA and the City, the dispute shall be submitted to a mediator mutually agreed to by the parties before any litigation is brought. 14. NOTICES. Notices to the CRA shall be in writing and sent via U.S. Mail to the following address: WM3= CITY OF BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 710 North Federal Highway Boynton Beach, FL 33435 ATTN: Vivian Brooks, Ex.lecaitivic Direiek')r CRA Attorney c/o Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, FL 33401 CITY OF BOYNTON BEACH P.O. BOX 310 BOYNTON BEACH, FL 33425-03 10 ATTN: John McNally, ITS Manager City Attorney V44-44WI-IrIlz Boynton Beach, Florida 33435 15. S E VE I. I l[N i y, 1 ega 1 , or unen rcea Ni i y o any provision o is Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion 2 Page 102 of 808 or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 16. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between CITY and the CRA 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 17. AMENDMENTS. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 18. CHOICE OF LAW; WAIVER OF JURY TRIAL. Any controversies or legal problems arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit of Palm Beach County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. In the event any causes of action arising out of this Agreement are pre-empted by federal law, any such controversies shall be submitted to the jurisdiction of the United States District Court for the Southern District of Florida. To encourage prompt and equitable resolution of any gation that may a -rise hereunder, each party hereby waives any rights it may have to a trial by jury of any such litigation. 19, 1"Allk,'"ll"IlES. Thi,,, Agreement is intended to benefit the parties to this .. .. .. .. .. .. .. .. . I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.I.. Agreement. The parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against either party based upon this Agreement. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. 20. CONST'RIX'"I"I'Wit OrF A, and cIr nditiom;; herein are to be ........................ ....................................................................................................................................................................................................................................................................... construed with their common meaning to effectuate the intent oft is Agreement. All words used in the singular for shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words in any gender shall extend to and include all genders. 21. APPLICABILITY OF FLORIDA'S PUBLIC RECORDS LAW. The parties acknowledge and understand that the rules, regulations and statutes regarding public records are applicable to this Agreement and the services provided thereunder. CRA understands that public records as defined in Chapter 119, Florida Statutes, created with CRA computer equipment, software and hardware, including but not limited to e-mail and internal memoranda, constitute public records under the laws of the State of Florida, and are subject to disclosure unless otherwise exempt. k Page 103 of 808 22. RECORDING. This Agreement shall be recorded in the public records of Palm Beach County, 111 accordance with the Florida Interlocal Cooperation Act of 1969. 23. MODIFICATION. It is further agreed that no modifications, amendments or alterations in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith IN WITNESS OF THE FORIKGOING, the parties have set their hands and seals this day of ,2014. MR13611 Print name: Secretary By: Print name: Approved as to form: Spillias, CRA. Attomey T F BOYNTON BEACH aplz-ALL-K 114L V YA" .. .......... Lori (-'ity Manal-Iler Attest: 4T It Prainito, City I" (CIT N, k Approved as to form: . ......................... office Of I le IC", ty tA(.)rl1e]y DNT:dnt SACA\AGMTS1lTS\CRA Technical Services - 2306.doc M Page 104 of 808 22. RECORDING. This Agreement shall be recorded in the public records of Palm Bea Co-unty, in accordance with the Florida Interlocal Cooperation Act of 1969. 1 21 MODIFICATION. It is further agreed that no modifications, amendments or alterations in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith 04 IIXITFlif,ESS ()fT11FIE IIF,10�1111,1�.EG,IIDlrlllililrL,,, the parties have set their hands and seals this 2014. A' � ST: rv- . .. ....... X - '.'M ........ . Print nam A '3, tc P V nt e: 77 Attest: W. "mr-JR. no TexammA2 WMOIMI�i� Office of the City Attorney DNT:dnt S:1C.A\AGMTS11TS1C.RA Technical Services - 2306.doe R �611421'MiZ�IAOWVAOJI�Wll �12 . . .............. . By. ............................. Print rfih1e:J42X,'71a i, Cl-mirman kl-r Yl Cs E�A RITURINDOWN�R6 "�., ff Lori LaVerriere, City Manager RUMM Page 105 of 808 Exhibit A Client . greernent and Conditions for (-.'RA Technical Services The City of Boynton Beach Information Technology Services Departments (ITS) and the Community Redevelopment Agency (CRA) has entered into a technical support agreement to provide technical support for the CRA Director and staff members. Technical support will include support for the CRA's server and storage, firewall, router, network equipment, personal computers, printers and peripherals, City of Boynton Beach enterprise software (Active Directory, Exchange email, SunGard/HTE Naviline, etc.) and CRA specific software. Support will also include use of the GIS Division's SSRI software and access to GIS staff for training, education and support of ESRI and other GIS -based software. Other services such as use of the City's security policies, anti-virus software, Windows automatic update policies will apply to the CRA computing and network environment. Technical support services include unlimited technical support during normal business hours (Monday through Friday, 8:00 AM to 5:00 PM), as well as access to ITS on-call personnel for emergency issues during non -normal business hours. The City of Boynton Beach will utilize change management policy to address any configuration changes to the CRA servers, PCs, peripherals, printers, and network environment. Technical support response and resolution parameters are based on problem severity and impact on business operations. Our service level agreement parameters are listed below and will be adhered to by our staff for this support engagement. ...... _ ... .. ... . Severity (."ode ('.,tistomer J[:M.Pact CUSI[omnerr Resohntioni ➢ imine ...Critic IBustin ss II ,� d 1:..Tptlat s every A0 mruK ............nu:tth�� 1[.Judtn1 f� xr,TM.l ........ 2 t rgemnt, Business Impacted 2...4. Hours 4 hours _ .... ........ ........ ...... ...... 3... 1nnporLanrt: T,don C`.rificr�l i...3 I�,�a- s 1 3 Days ..... __. ..... ...... ...._ i",[orarirmal l tusimness .r...5 Da, 30 Days Page 106 of 808 IN'TERLOC"AL A(;REEN,ltN'I'FOR'I'E(,,'[INIIAl, SUPPORTSERVICE S -ecinent f( ' 1 ") is lierchy entered into by and I his Interlocal Agi A'" I1CQ I i'll CC I S uppot1 ("Agreement boweeri the Boynton Beach (,'ornaiunity Redeve1c)pnient Agericy (;dic *'(.'R A-) and the 'ity of Boyntori Beacli (11-lic -0ty"). wlmli are indi VId Ual ly referred to as as '*pirty- and coHectively referred to as tire -parties,- WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the Idodda hmedocal C"oopmadon Act-), licriniIts the l)arty, as public agencies under the hitcy-local ('ooperation A,ct, to cnter into, inlerloc,,fl agrcements wifli each oflier to atrthorizc onc public agency to excrcisc, on belial I* of* tlic other public agency, "jointly heW powers, privilcges or mitbo 11-ides,which each SUCh pUbhe agency sbares un coamion and whicli cach i-nigti( exercise separately, perInitting the public agencies to make the most cfficient use oftheir p(mver by cnabling Owni to cooperate on as hasis, OftllUtffl]l advantagc dnd tbercby provide serviccs and t1611ties ill an illffllncr aild pursuant to 1"Orms ofgovernnwntal organization that accords hest witli geography, econonly, popul",ifion and offier factors Influencing the needs and devc1opmcni of suuch ptil-,)fic agencim, and, id in WHERI AS, the City arid CRA have determined thal at is M U1 MA I l V beneficia.1 m the best interests of its cifimis and residents to enicr into this Agreenwrit, WHEIZE'AS, [lie ( -RA mid the City find tbat this Agreement serves a inurficipal and PUbliC, PUI-l)OSC aMd Will IlClftll-1110" tl1C ("OrTH11 Lill i,ty RCdCV0Ojl111Ci11t I'llan tlli-oUgll the cfficient use ofresources,' N 0" 1, 1-111 ER I T'ORF,', in consideration oftlic nautual C(rN,enants and conditions herein expressed, Iffic party hereby agrm I ) Releftals. 'Flic recitals above are true and correct aad are Irereby incorporated lilerein as if fully set fbi-fli, 2) Technical Siipport Services, 'Flic City agrees to perl'orrn flIC COl11J1UtCT'1`CChT1iC�1l. SUpport Sen,,Ices (flie -Tecfinical Support Services-) in connection \vIth the day-to-day governmental operations ofthe CRA, The 'Fech iii call Support Serviccs are nriore fiffly described In 0-w document titled -1'eclinical Support Services Provided," which is allaclied hereto as [,.Wijbit A, and hercby incorporated licrein, The CRA shall provide all iiialerials, eqUIP11101t, �,ald supplies 11ccessary for Ilic City to perforim the Technical Support Services, The CRA shall use its best efforts in cfocrperatfiig wltli the ("ity in providing tine infimi,tiation, and (10CUIrlellit,'160,11 ,necessary to City in the perfim-inance ofthe"Fechnical Suppoll Services, 3) Term. This Agreenient shall be deeincd effective as off"ebi-nary 1, 2018, and colitu'lue, unfil terntinatcd by cither party. Page 107 of 808 4) Payment-. CRA shall pay City for the 1"echnical Support Services as fbllows: aa. CRA shall pay City $2 15 for the first ycar ofthis Agrccment, which Shat l Stad 011 Febl-Uary 1, 01 I'll. The annual aniount paid to thc City for Technical Support Scrviccs shall iricreasc by three percent roundcd tc)the nearest canna count, every Ycar after tile first year until the Agreernent is terininated, 'T'his incrcasc shall In effevfivc starting Fcbil-uary 1 each, year, c. Uhilcss othcrwisc agreed by the parties m wnting, mvoicing and payinent (or the Technical Support shall be made as fbilows: i. The City, shall invoicc ffic CRA f6r dic'"Fcchnical Support Services in In the first Nvcek ofe,,xii quarter. F"aach invoice ("cl uarlerly i i ivoicc"), sha I I be t*or onc quarter o f the annual amount ovvcd to ffic (Jty. T'he first quarter skall begin cm February I cacti Year, i i, CRA sliall pay the City within 3(,') days of reccipt of the quamerly . invoice. Payinuit ofthe quafterly invoice is deemed to be km Teellnical Support Scrvices provided th,c prcvious quartcr. id. Regardless ofthc offier terms (if this paragraph, the ("RA shiall �wve 30 days afto- both parties have execalted this /kv-ecillent to make (lie first payinent (ILIC uncleil" this Agreenlent. d. "Hic payrnerits desenbed in this scclion shall he f"011 cornIvnsation 601r all w1ork performed and serviccs rendercd. C. I'he pallies agree that SlIC)LIld the demands on City incrcasc as a result Of additional work stations ofthe ("RA, additional ernployecs (ifthe ("l a., or dnangcs to the CRA hardwztre or sofiware inventory, the CRA and City shall renegotiate the asFUlUal fCC plaid Under this Agreetrient upon reccipt of au vv n ittea request from City to renegotiatc. 5) Termination. Fithei- party n"my tenninate this Agreenwrit for ariy reason or no rcason by providing thirty (30) days writtm notice to, the otlier paily'. TO-illillati011 "lithoUt ca USC S11,111 bC WitlIOUt liability to the tenninatingy, party. In the event this Agreell-ient is ierniinated, the C R�A shall pay the City, Nvithin 30 days of terminaticm, the pro rata sun -i for Technical Support Services perfilin-ncd prior to the Agrccinent tennination. 6), No Disc HI mi na tion. 'I"'he City shall not discriminate against any, person Oil the basis of racc, color, religion, ancesi[ry, national origin, age, sex, marital status, sexual orientation, or. disability For any reason in, its hiring, pron'lonion, firin�nt,l or contradingprad ices associated with [his Agreement. T) Compliance with Laws. In the licrfomiaricc oftheTechnicid Stipport Scrviccs under this Agi-ccinent, the CI it.y sharp coniply in all rnaterial resl:)cvts with all applicable Federal and state law's and rCgUhItiMIS arld all applicable flalm Boach C lourrnty, City, and CRA ord'Iilances all(,] regukallons, Includin& ! ethics and proct,nvment NqUiMIICuk 8) llamnnniammmnity, Indejunificalion. ("It)[ is a state agency as defined in ('haptcr 76 8,,28, F"lorid"I Sumes, and is an public agency creatcd pursuant to ("'hapten 163, Florida Statutes. Nodding herein is intended t() serve as an waiver ol'sovereign inimunity by any party to which Page 108 of 808 s,overeign ininaurrity may be applicable 04AWng her6n shall be construed as consent by the ("ity or ('10 to he usmi by third, parties in any rrumer arising, out of this Agreerrrent eon,.any, other contma Ibis section shall "be wiWout prJudice to the riglus of any Pony to scA as legal ronedy Ar any 1weach of the A= Party as nmy he available to it in law or eqAty. Notwithstanding the foregoing, to the CXtUlt f)OSSiNC Wifl-IOLIA Wliking sovei-6 gn iRIMUnity, the (ItY shall indcinnify, save, and hold harnfless the (�'RA, its agents, and its cn,iployces hum any habilij, clMm, dernaR suit, ken cow, expeire or darnage wNch m,,,iy be asserted, cUrned, or recovered against or fforn, the CAA, A agmAs, or its ea,)Ifloyeen by reason ofany property daniages or persoljauf injUry, inclu(Jing death, sustained [)y any picrson whoirtsoevcr, which danuge is incidental U% occurs as as resuh oil arises out oj or is othenOse related to neglig,ent or \vrongfbI comiuct or faulty equipment (inCkuling eqWlmnent inma!Wdon and rcinoval) associaled ;with the Achnical Support Services. "17his paragraph shall not be conmed to require the City to indemnif"y the (7RA fever its own me hp or intention,al acts of We CIZA. its agents or empIclec& R) the extmt pwaitted by law, each Imuly asswnts the 6sk of pemon,,al ir�jury and property damage andbural:fleto the acts, or ori-iissions ofthat party and its officers, ernployees and agents. 9) No Padnerstdp, Etc. Ilse Oty and the CRA agme noting contained in this Agi-ccincru shall be deoncd oT comtrued as creating an p anti ersh ip, joint venture, or einploy,ec relationship. It is sped0ca11y understood that the ("ity and its employees, subcontractors, W)]UntCCrS, arid agenAs am independent c(rlltraoors and Mal no empkWedempkyve or principal/agent is or shaH be created nor shAl exist h,y rcason of this Agreement or the peribmunwe of Tedwical Support Services. '17fic (71ty wifl exercise its ()wn.jt,u]grncn[ ill rnafters of'sallcty-Aby hself and its emphyres, subcontractors, vofi.inteers, and agmts, 10) Non - Exclusivity. 11lisAgmonew is considwed as nwi-c;cWSivc Agreetnetit benveen the parties, Dk,iring the term ofthis Agreemenn the C"RA. shall have"the right U) purchase services that are the same as or shnilar to the Thelmhul Suj�)port Services provided for ill this Agrcetnent firom any other source. 11) No 1'ransfei-. 'The Uy shall nul subcontract, asAgn, or wherwise transfer this Agrccnicnt or its resImnsibilhies hereumler to any iridividUal, grOUI), asgency, goverrusent =i-pnAt or fopprol'it corporation, or other entity. 12) Waiver. Waiver by the (7RA of' any provision ofthis Agrcerricnt or any than hiviuition provided for in this Agremnent shall rmt constitute a waiver(:)fajjyother provision, Either party nny elect M wdvv any proviskin of this Agreement so king as such waiver is permitted by all applicable laws, statutes, ordinances, rules, anti rcgulations and is rnadc° ill writing to the (Aher patly. 13)?qotice. Whtnever ehher Party desires to give notice to, the othcr, saich rioticic, rnUsl be in wridng and W by Kited Slates mail, return receipt requested, courier, evidenced by a delivery rcceQU, or hy overnight express dc`lhwry, service, cvidenced by a delivery receipt, ad&cmcd for the Party for whum it is intended at the jdace last specificdand the placc for giving of'riotice shall rernain LUAil it vdiall Kave"been, changed biy' Written, notice ill con-1pliance "Jth the, provisions of this lviragraph. For tire rn,escilt, tlie party designate the folliowing as the respective places for giving of'noticc. Page 109 of 808 CITV Lori LaVen-jere, City Manager City ofBoynton Beach 100 E. BoyMon Be acini BoWevud RopHon Beady FL. 33435 CRA: NIchul Shnorq Excadive EAmclor Boynton Be,wh CRA, 7111 ) K Federal Highway Boynton Beach, Florida 33435 Qpws I A Janws A. AM CArwj Herul ft Ay it Fzm[ RA, 3099 East COMMercial Botdeva,ird, Suile 200 Forl Lauderdale, Florida 33308 Tara Dully, 1 --squire Lewis, L,onginan & Walker, 515 Norti-i Hagler Drive, Suitc 1500 Wcst 11,,,flni Beach, Florida 33401 14)Severab111ty. If any pam of thk Agyeovent is fbund invalid or uner&)rceable by any, court. sudh invalidity, M' LHILMA"orceability WH W aflet the oater pans or me AgTOUMCnA ir the righM and obligatkms of dic parties contained herchi am M nmtandy InQudiced and Me irlimuforts of We panks can con%w to be achbve& To Owl end, this Agreerricnt is dechnul severable. 15) Eli fire Agra eem nn I.; Antendments. This Agrunicnt rcpresents the entiv and We agmernut and undwitandOg behween the pany, concerning lhcr sut1ject matter expressed herein. No tcrnis herein inay lie altered, except in writilig and then only if signed by all t1le parties herclou All 1�)dor and coMen4mraneous agreements, un(ICI-StiflldiflgS,C01M11UT1iC,,`,1li011S, conditions coir repi-esentalions, ofany kind (W flatUre, oral or written, concuning flic SUbjCCt rnat-ter exprcssed herdn, are merged into this Agycerntnt ami thc torms of this Agreenient supersede all SUCh 001CT agi-ceincrits. No extraneous infonnatA may IN Used U) aher the ternis craft this Agrceinerut. 16)Governing Law, Jurisdiction, and Venme. '111c tanis and provislons of this Agrecinn ctil shall be govcrned by, and construed iand enforced in accordance with, the laws of the State of FWA and Ow Unied Sums of Arnerica, wh%a regani U) conlAt of law plinciplen Vinue and jurldWhon shall A PahmMeach Cow, MAW for all puqwsm, R) whWh the pady exprcssly agree and subai it. 17) Public Records. The Chy and Q (RA each shall maintain llwrir own records alld docurrients associated m0h this Apyou rnenot in auawdance with the requiremeMs so Mi in Page 110 of 808 CImper I I I RmAki Suitutes. AH such mawds shall be aCIC(ILKLI(C to JUStif)urll C]114,11',CS, (.°,Xperlses, 811CI COMS inCLUA-C(I ill UCOT(Iance AW generaHy accepted accounting principles. �-,',Ach Party shall have me ess to the othar Pony's books, rccords and docurnents as required in this Agrecinent I'm the pm-I)OSC 01' hISj)eC6MI Or RKM during noninal business hours during the term of this Agrwnent and at leaM "I ycar aRer the wnhwhon ofdw Agrecinem. 8) F!Hng. The Sty shaH Ole this WeAW Agrement rwrsuant to the reqWrenwnts of Section 163.01( l 1) ofthe F-kwida Statute . 1,9),Nt) "I'hird PartyBeneficiaries. N(,,�Ihing in thiAgreement Am]] be deemied to crcate aruy rights in any third parties that are not signatioiIcs toy this Agrceinent. 20) Interpretation. Ids Agrecinent shall not he, construed uric e AcHy agMnm one PwAy Hmn against the cmher merely by mue or we tiict that it may have becn, preparcxI Ery counsel f6r one of Me pady, ISIG,NATURES ON FOLLOWING PAGE� Page 111 of 808 IN WITNESS Will"RE01", thc ('11-Y OF BOYNTON BEACH and the BOYNTON be BEACH COMMIJN[TY lZf�",',[)l,-"'VEI,,OPN/IEN'I' AC"J"'I"MA, IllaVe ciLlsed these prescnts 1(-) executed in tficir rc,spcctivc names by the proper officials thc day and year first above written, (,"TTY OF BOVN'rolN BEAC 14 a 11MI'liCillal corp oraflon organized and existing under the laws of the State crd.'Florida By-111111111----- - - - ---- -------- --------------- - - ----- ------------------------- -------- I -- -------- - ---------------- . . .. .. .... stewn Grant, Mayor AJTESI� City clerk, Approvedas to tbrm: (I ity Attorney BOYN'roN BEAC11 COMMUNUTY REDEVELOPMENT' AGENCV, a public agency organized kUld CXiStillg Undcr the lmvs o('flic State of Flo6da By, .... ... . ..... . ... .......... stcven Grant, chair Approved as, to f6rn� CRA Atiomey Page 112 of 808 UAW suppoi-t will include support W, the ("RA's server and swage, Hrnvak router, network equipinenq posomd conapdaM prKtasand peripherals, City of Boynt(-)n Beach enterprise sofkvanv (Active F)iivctory, Exchange eniail, SunC3ard,/F1"rE AWK, ete) aml CRAA specific software. Suppoti will No include use of1he GIS Divisio& ESRJ soRwm-(, and access to GIS stal"I"for trahOng, educathn and nWpoii of ESR I aml Am- Op'-hased sokwmv. (Xhcr serviccs such as use ofthe Otys secwly pohde% a1"16nims sallwarc, Windows autoinatic uptkate policics will apply to the CRA coniputing an(] nct%vork, environinent, "Fechnical support serviCCS i11CIUdC Wlhnioted technical suppor(&ving nornial husincss hours (Monday dwough thiday, 8.00 AM to 5:001 PM), as well as amen to FTS onnal-I per smuwl Mr cniergenc'y issues duying iumi-nornial bushiess hours, The Ch y of Bopoon Beadi iOH uWize changC 171,111agen,wilt pohcy tcii address any configuration changes to the CCR A servers, pedpherds, printerm and numawk emOnxmiera. Technical supporl respoinse and n-CSO]Ufi011 paranicrs are based mi pK),lein severityand hrqiact on husiness openiflons, Oux service lewl agmmment parai-new are Wed below and mAl be 'Kifief-C(HO'by 01111- Staff for this support ClIgagen-Icnt, ... Severity, Cre .. ........ ...... ..... ... ..... . ................ ............. . . ---- rustrrrerIrnpaet Service Response to ResolulionTinie Custonler i t"i M-nms Q[ted ............... ...... .... . Updalesevery 30 . . . . .. . ....... . . . . ........................ ........... . ......... ..... UK Fixed rninutes 111,1 .. . ... . .. . . .......... . ........ ... . 2- Urgoit - -- - ------- Bu-siness Irripactcd _111_1 ......... . . ..... . .... . ....... ........... . 2-4 HOLH-S . ... . ..... 4 hours ---- ------ . 3- 1111port"Int . . . ... . . ... ..... . ...... ........................ . ...... . Non -Critical ------ - ---------------- ------------- - 1-3 Days —1-1 — - - - -- - - ---------- ------------------------ 1-3 Days . . . . .... . ..... ............ _1111.. ..... 4- Request -11-1111--- - - ----------------- - - - ---- Non'nal Business - ----- ----- --- 3-5 Davy s30 --- -------- ------------ Days Page 113 of 808 1" CONSENTAGENDA 2/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-030 -Authorize Mayor Grant to sign the Global Covenant of Mayors for Climate and Energy Commitment Letter. EXPLANATION OF REQUEST: The City has long exhibited leadership on climate and sustainability as evidenced by early adoption of the Southeast Florida Regional Climate Change Compact, development of a Climate Action Plan and Greenhouse Gas Emissions Inventory, establishment of a Green Building Program, and creation of a Sustainability Coordinator staff position. Committing to the Global Covenant of Mayors for Climate and Energy will strengthen the City's climate leadership, provide international recognition, and facilitate the development and monitoring of an improved Climate Action Plan. The Global Covenant of Mayors(www.globalcovenantofmayors.org) is an international alliance of cities with a shared long-term vision of a world where committed mayors and local governments accelerate ambitious, measurable climate and energy initiatives that lead to an inclusive, just, low -emission, and climate -resilient future. The Global Covenant was born out of a 2016 merger between the U.S. Compact of Mayors and the European Covenant of Mayors, and is also supported by global city networks including C40 Cities Climate Leadership Group, ICLE I — Local Governments for Sustainability, and United Cities and Local Governments. It is the broadest global alliance committed to climate leadership, building on the commitment of over 7,400 cities and local governments from six continents and 121 countries representing more than 600 million residents. Participation in the Global Covenant consists of four phases over a three-year period. Each phase has two components: Mitigation (reducing greenhouse gas emissions) and Adaptation (preparing for impacts of sea level rise and climate change). The timeline and compliance requirements are listed below. Phase Due Date Compliance Requirements 1. Commitment Upon City Submit signed letter of commitment to the Secretariat of the Commission Global Covenant of Mayors approval 2. Inventory 1 year after Mitigation: Complete a community -wide greenhouse gas commitment emissions inventory Adaptation: Identify climate hazards 3. Target 2 years after Mitigation: Set greenhouse gas reduction target commitment Adaptation: Assess vulnerability to climate change impacts 4. Plan 3 years after Mitigation: Develop greenhouse gas reduction plan commitment demonstrating how city will deliver on its commitment to reduce greenhouse gas emissions Adaptation: Develop climate adaptation plan demonstrating how the city will adjust to actual or expected climate change impacts Page 114 of 808 Once Phase 4 has been completed, a city will have met all of the requirements and will be fully compliant. To maintain compliance, the city will report its progress on mitigation and adaptation annually. Participating Cities report their climate data and actions through one of two major platforms: CDP (www.cdp.net) or carbonn Climate Registry (www carbon n.org). The Global Covenant makes the data centrally and publicly available to highlight commitments and allow for easy searchability. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Participation in the Global Covenant will elevate and formalize the City's commitment to climate mitigation and adaptation. On the mitigation side, ongoing monitoring of greenhouse gas emissions will help the City reduce its carbon footprint and cut costs by optimizing the way it uses important resources such as electricity, fuel, and natural gas. On the adaptation side, preparing for sea level rise and other climate impacts will ensure the City's resilience to future environmental hazards. The City has already completed some of the above -listed compliance requirements including a greenhouse gas emissions inventory, preliminary emission reduction targets, and a draft greenhouse gas reduction plan. Participation in the Global Covenant will facilitate progress on additional activities such as a climate vulnerability assessment and a climate adaptation plan. This program will provide opportunities to objectively certify and evaluate mitigation and adaptation goals against other entities, and provide a medium to achieve and communicate recognition for results achieved. FISCAL IMPACT: There is no cost to participating in the Global Covenant. Related activities will be funded through the City's normal operating budget. ALTERNATIVES: Not authorize Mayor Grant to sign the Global Covenant of Mayors for Climate and Energy Commitment Letter. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: The Global Covenant of Mayors will serve as an overall organizing framework for the City's Climate Action Plan. Is this a grant? No Grant Amount: Page 115 of 808 ATTACHMENTS: Type D I E)ttENr D Attac lh mE) II'l t Description IRE)SOkAboin &Jlthoriziing thE) li ayor sigin thE) (.,)�obal� Cove,inaint of Mayors for CiirnatE, aindElrm�lrgy CoirnirnittmE)IlltbIttENr (3)Co M CoirnirnitimE)Illt I E)ttENr (3)Cgal Coirnpact of Mayors Ii larticipaboin (.,)UlidE�l Page 116 of 808 I RESOLUTION NO. R18- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING MAYOR GRANT TO SIGN THE 4 GLOBAL COVENANT OF MAYORS FOR CLIMATE AND ENERGY 5 COMMITMENT LETTER; AND PROVIDING AN EFFECTIVE DATE. 6 WHEREAS, the City of Boynton Beach has long exhibited leadership on climate and 7 sustainability as evidenced by early adoption of the Southeast Florida Regional Climate Change 8 Compact, development of a Climate Action Plan and Greenhouse Gas Emissions Inventory, 9 establishment of a Green Building Program and creation of a Sustainability Coordinator staff 10 position; and 11 WHEREAS, committing to the Global Covenant of Mayors for Climate and Energy 12 will strengthen the City's climate leadership, provide international recognition and facilitate the 13 development and monitoring of an improved Climate Action Plan; and 14 WHEREAS, the Global Covenant of Mayors is an international alliance of cities with 15 a shared long-term vision of a world where committed mayors and local governments accelerate 16 ambitious, measureable climate and energy initiatives that lead to an inclusive, just, low - 17 emissions and climate resilient future; and 18 WHEREAS, staff is recommending the City Commission approve and authorize the 19 Mayor to sign the Global Covenant of Mayors for Climate and Energy Commitment Letter. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 1 C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\CF1DF382-F93B-4A57-9312-41BF27B3CAA7\Boynton Beach. 9012.1. Global_ Covenant Of Mayors_For_Climate_And Energy_ Commitment-_Reso.Docx Page 117 of 808 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach hereby approves 26 and authorizes the Mayor to sign the Global Covenant of Mayors for Climate and Energy 27 Commitment Letter. 28 Section 3. This Resolution will become effective immediately upon passage. 29 PASSED AND ADOPTED this day of , 2018. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ATTEST: 47 48 49 50 Judith A. Pyle, CMC 51 City Clerk 52 53 54 55 (City Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO 2 C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\CF1DF382-F93B-4A57-9312-41BF27B3CAA7\Boynton Beach. 9012.1. Global_ Covenant Of Mayors_For_Climate_And Energy_ Commitment-_Reso.Docx Page 118 of 808 GLOALCOVEA T of MAYORS for CLIMATE & ENERGY Global Covenant of Mayors for Climate & Energy Commitment of CITY OF BOYNTON BEACH, FLORIDA BOYNTON �L I, Steven B. Grant, Mayor of the City of Boynton Beach, commit to the Global Covenant of Mayors for Climate & Energy, joining thousands of other cities and local governments around the world currently engaged in climate leadership. The Global Covenant of Mayors for Climate & Energy envisions a world where committed mayors and local governments — in alliance with partners — accelerate ambitious, measurable climate and energy initiatives that lead to an inclusive, just, low -emission and climate resilient future, helping to meet and exceed the Paris Agreement objectives. Whatever the size or location, the mayors and local leaders committed to the Global Covenant stand ready to take concrete measures with long-term impact to tackle the interconnected challenges of climate change mitigation, adaptation, and access to sustainable energy. To implement this vision, the City of Boynton Beach pledges to implement policies and undertake measures to (i) reduce / limit greenhouse gas emissions, (ii) prepare for the impacts of climate change, (iii) increase access to sustainable energy, and (iv) track progress toward these objectives. Specifically, within no more than three years of this commitment, we pledge to develop, formally adopt and report on the following: • A community -scale greenhouse gas (GHG) emission inventory; • An assessment of climate hazards and vulnerabilities; • Ambitious, measurable and time -bound target(s) to reduce/limit greenhouse gas emissions; • Ambitious adaptation vision and goals, based on quantified scientific evidence when possible, to increase local resilience to climate change; • Ambitious and just goal to improve access to sustainable energy; and • Plan(s) to address climate change mitigation / low emission development, climate resilience and adaptation, and access to sustainable energy, including provisions for regular (annual or biennial) progress reports. The targets and action plans for mitigation / low emission development must be quantified and consistent with or exceed relevant national commitments defined through the relevant UNFCCC (Intended) Nationally Determined Contribution (NDC). Page 119 of 808 We acknowledge that there may be additional region- or country -specific commitments for us to adhere to, agreed through our local membership networks or through our direct engagement with local Global Covenant of Mayors partners. The City of Boynton Beach acknowledges that continued membership in the Global Covenant of Mayors and associated local chapters or "Regional Covenants" as established, is contingent on complying with the above requirements within established timeframes. City of Boynton Beach, 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 http://boynton-beach.org/ Mayor Steven B. Grant Contact Person: Rebecca Harvey, Sustainability Coordinator, HarveyR@bbfl.us, (561) 742-6494 75,569 Inhabitants, 16.52 sq miles (42.79 km') Mandated by the'" [ u. Illclll'our�uillllll ofl�iiicui� oui� urs°u�::ur�uiuilll'�'alll o::ur�iiilll„ on GTF'. Q!!1!!]0AL 9IGIINATLilll'!(E Page 120 of 808 m c- O .O 2 � ƒ u � ± Eq g E d - %ƒ 3 2 � ± Q E 3 3 ± a ± 3 ± ± � � O 1 % ± O _0 j q O C E 4-j J G 3 J ± 3 ® E m 00 N m0 >1 3 b ± J - J 2 ± 2 ƒ � � � E J u / 2 Q- � (0 E o / O � ? ? g 3 — 3 m E � 4-1 O 3 / U J _ -0 ± J ��± J J N E ± O .J E�� _//�� u E 3 p-0 ® O = E ± 1 -4-� E ? q ___ ? ± ? 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CONSENTAGENDA 2/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-031 -Assess the cost of nuisance abatement on properties within the City of Boynton Beach. EXPLANATION OF REQUEST: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City - contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30 -day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30 -day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. ALTERNATIVES: The alternative would be to not place liens on the properties and not collect for the service provided. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 143 of 808 Is this a grant? No Grant Amount: ATTACHMENTS: Type D IRE)S()l LA ti 0 II'l D Exhibit Description RE)SOkAboin approviingNUlisainC2, AbatEKTIEslrlt Exhibit A Page 144 of 808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. R18 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a contract vendor was requested by Code Compliance to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit "A"; and WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS, the City Manager or her authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit "A" attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above-described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT "A" C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\2E26D6A2-5BFF-4331-9DE4-BE6B4DBAB32B\Boynton Beach. 9001.1.Nuisance Abatement for 022018 - Reso.doc Page 145 of 808 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2018, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2018. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\2E26D6A2-5BFF-4331-9DE4-BE6B4DBAB32B\Boynton Beach. 9001.1.Nuisance Abatement for 022018 - Reso.doc Page 146 of 808 ul c; II�M� u1. rn rn CF) CF) CF) +� 0 0 O O O S§ 0-. 00 00 00 00 00 � � � o 0000 cI 00 00 06 M 00 O 00 00 00 00 i, 1, 111 Ln l0 M Qd' U O 00 c -I M 11l O 00 1, M 00 11l C ci c -I c -I c -I c -I O O rl ci O '. cN-I � cLn-I O c�-I 0 0 0 0 0 Z ''...,.... LU1.. Ol c-1 00 Ol c-1 O N N O N M M M M M 00 00 00 00 00 O O O O O '....... N;. N O 111 111 00 U1 CF) O Nr -1 M (D OO c-1 111 M 00 6Fl O OM rn NM rn M � 00M N M J M rn rn � c M LL —j M J LL rn LL u J LLN m Ut m U CO N co m cu z u m N O N f0 C C 00 O a co O >, :. J 1 CQ- 1 f0 cu C >- U- > CL m c -I 4J N N i �t M CU J c to Q 00 00 Q Q 4O 4� W, o v Ln O v o co cnco Z " - d d O M 0000 qJ E Z N O O � C 4 C S W O O L Q Q O (w1,, O M J Z U M J qJ E, L L (n —_ '> CU J N u- v —_ Q O Q Z qJ E' - � U- m N O L W N Y ul c; II�M� u1. 6. F. CONSENTAGENDA 2/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-032 - Approve entering into a 60 -month contract for the purchase of WAN network connectivity services from Comcast Business Communications, LLC for $6,000 a month, utilizing the General Services Administration (GSA) contract # GS-35F-184BA. The City is allowed to purchase from this GSA contract. EXPLANATION OF REQUEST: Contract Period: February 1, 2014 — January 31, 2019 The current WAN network connectivity is provided by a combination of legacy Adelphia Cable (Comcast) dark fiber, connecting 9 city buildings to City Hall and AT&T MetroE, connecting 6 city buildings to City Hall and Fire Station #5. The current monthly cost for the Comcast connectivity is $4,095 and AT&T $2958.00, for a total monthly cost for WAN network connectivity is $7,053. The following four problems will be corrected with the new Comcast WAN network connectivity • Comcast will no longer allow the City to add or change any of the legacy Adelphia Cable connections. This would prevent the City from adding the New City Hall building in the future. • Comcast (Legacy Adelphia Cable) was engineered to have City Hall as the core, since the datacenter was located at City Hall at the time. The datacenter is now located at Fire Station #5/EOC. The new Comcast WAN will properly establish the core at Fire Station #5. • The new Comcast WAN will eliminate the need for two vendors, Comcast and AT&T, to provide the WAN network connectivity. • No network redundancy for Fire Station #5/EOC The recommend solutions is engineered to have Fire Station #5/EOC as the core, since the datacenter is located at Fire Station #5. In addition, Fire Station #5 and the New City Hall will have redundant network connections coming from diverse paths. This is to help ensure a network failure does not occur if one of the fiber connections is a cut. The General Services Administration (GSA) contract complies with the City of Boynton Beach's competitive bid requirements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The replacement of the current two vendor, legacy fiber optic cable system will allow the I.T.S. Department to provide more efficient and reliable network connectivity services to employees. In addition, the new network topology will allow the I.T.S. Department to provide new services such as W i-Fi quicker while still maintaining the security of the network. Page 148 of 808 FISCAL IMPACT: Budgeted Funding was approved and is available in the I.T.S. Department budget for fiscal year 2017/18 under account number 001-1510-513.41-10 for an amount not to exceed $72,000. Current monthly cost is $7,053, proposed monthly cost is $6,000. ALTERNATIVES: The City could issue its own bid request. Staff does not believe that a City bid process would result in a substantially less cost. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type r girEs'E)rTIE)11rl girEs'E)rTIE)11rl f fflh E)r f fflh E)r Description lRE)S allaAtioin appiroviir:g 60 rTy..)i the gir'E)E)rT1Es1r:t with Cornea st for WAN ir:elWoirlk C:0ir:ir:Es'C lkAty E)ir\iC:Ess Cornea st 60 ointh gir'E)E)rr1Es1r:t astE)ir SE)ir\iC2,s girEsEsrr1Es1r1l (':.,)SA Coir:fira ct IIirrforirna bola (':.,)SA Coir:fira ct IC:::::.rnalill Page 149 of 808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. R18 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 60 -MONTH CONTRACT FOR THE PURCHASE OF WAN NETWORK CONNECTIVITY SERVICES FROM COMCAST BUSINESS COMMUNICATIONS, LLC FOR $6,000 A MONTH, UTILIZING THE GENERAL SERVICES ADMINISTRATION (GSA) CONTRACT # GS-35F-184BA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the current WAN network connectivity is provided by a combination of legacy Adelphia Cable (Comcast) dark fiber, connecting 9 city buildings to City Hall and AT&T MetroE, connecting 6 city buildings to City Hall and Fire Station #5; and WHEREAS, the recommended solutions is engineered to have Fire Station #5/EOC as the core, since the datacenter is located at Fire Station #5 and Fire Station #5 and the New City Hall will have redundant network connections coming from diverse paths to help ensure a network failure does not occur if one of the fiber connections is a cut; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to approve and authorize the City Manager to sign a 60 -month contract for the purchase of WAN network connectivity services from Comcast Business Communications, LLC, for $6,000 per month utilizing the General Services Administration (GSA) contract #GS-35F184BA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\874B966D-47CA-43D4-8D46-IEBBD36B9418\Boynton Beach. 9027.1. Comcast Business_ Communications WAN_Agreement-_Reso.doc Page 150 of 808 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. 31 Section 2. The City Commission hereby approves and authorizes the City 32 Manager to sign a 60 -month contract for the purchase of WAN network connectivity 33 services from Comcast Business Communications, LLC, for $6,000 per month utilizing the 34 General Services Administration (GSA) contract #GS-35F184BA, a copy of which 35 Agreement is attached hereto as Exhibit "A." 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (City Seal) VOTE C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\874B966D-47CA-43D4-8D46-IEBBD36B9418\Boynton Beach. 9027.1. Comcast Business_Communications WAN_Agreement-_Reso.doc Page 151 of 808 COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM BUSINESS Account Name: City of Boynton Beach MSA ID#: FI-4858162-CMunr SO ID#: FI-4858162-CMunr-10545217 Primary Contact: Charles Stevens City: Boynton Beach Phone:(561) 742-6079 Title: State: FL Cell: Address 1: 100 E Boynton Beach Blvd Zip: 33435 Fax: Address 2: Allowable Contract Date: Email:stevensc@bbfl.us Contract Generated Date:01/30/2018 Service Term (Months): 160 SUMMARY OF SERVICE CHARGES* SUMMARY OF STANDARD INSTALLATION FEES Total Ethernet Monthly Recurring Charges: $ 5,565.75 Total Ethernet Standard Installation Fees*: $ 0.00 Total Trunk Services Monthly Recurring Charges: $ 0.00 Total Trunk Services Standard Installation Fees: $ 0.00 Total Off -Net Monthly Recurring Charges: $ 0.00 Total Off -Net Standard Installation Fees: $ 0.00 Total Monthly Recurring Charges (all Services): $ 5,565.75 Total Standard Installation Fees (all Services): $ 0.00 SUMMARY OF CUSTOM INSTALLATION FEES Total Custom Installation Fee: $ 0.00 Amortized Custom Installation Fee $ 0.00 SUMMARY OF EQUIPMENT FEES Total Monthly Recurring Ethernet Equipment Fees: $ 0.00 Total Monthly Recurring Trunk Services Equipment Fees: $ 0.00 Total Monthly Recurring Equipment Fees (all Services): $ 0.00 *Note: Charges identified in the Service Order are exclusive of maintenance and repair charges, and applicable federal, state, and local taxes, USF fees, surcharges and recoupments (however designated). Please refer to your Comcast Enterprise Services Master Services Agreement (MSA) for specific detail regarding such charges. Customer shall pay Comcast one hundred percent (100%) of the non -amortized Custom Installation Fee prior to the installation of Service. s r r ri r; 7717 This Comcast Enterprise Services Sales Order Form ("Sales Order") shall be effective upon acceptance by Comcast. This Sales Order is made a part of the Comcast Enterprise Services Master Services Agreement, entered between Comcast and the undersigned and is subject to the Product Specific Attachment for the Service(s) ordered herein, located at http://business.comcast.com/enterprise-terms-of-service/index.aspx, (the "Agreement") . Unless otherwise indicated herein, capitalized words shall have the same meaning as in the Agreement. E911 NOTICE Comcast Business Class Trunking Service may have the E911 limitations specified below: • The National Emergency Number Association (NENA), a 911 industry organization that makes recommendations for standardized services relating to E911, has issued guidelines that state "The PBX owner is responsible for creating customer records, preferably in NENA standard format, that identify caller locations." To facilitate Customer's compliance with these guidelines and with associated state and local requirements related to provision of Automatic Location Information (ALI) for E911 services, Comcast offers two options: a. Comcast will send to the ALI database or Subscriber Location Database (SLDB) the main billing telephone number and the main address provided by Customer; or b. Customer may choose to sign up for up to 10 Emergency Location Information Numbers (ELINs) that Customer could assign to zones within Customer's premises that would be separately identified to the E911 call taker. The location information, such as a specific floor, side of a building, or other identifying information, could assist emergency responders to more quickly reach the appropriate location. Customer is solely responsible for programming it's PBX system to map each station to one of these numbers, and for updating the system as necessary to reflect moves or additions of stations within the premises. Comcast will send the assigned ELINs to the ALI or SLDB database, as is appropriate. • Many jurisdictions require businesses using multi -line telephone systems to program their systems to transmit specific location information for 911 calls. Customer bears sole responsibility to ensure that it identifies and complies with all such requirements. In any event, if Customer does not maintain E911 records in a timely and accurate manner, the E911 call taker may not receive proper location information, and emergency responders may be delayed or even prevented from timely reaching the caller's location. • Battery Back Up - The Integrated Access Device (IAD) provided by Comcast is not equipped with battery backup. It is Customer's responsibility to ensure adequate back-up power is provided to ensure service continuity during a power outage, as employees would otherwise be unable to use the Services, including dialing 9-1-1, when power is unavailable. • Calls using the Service, including calls to 911, may not be completed if there is a problem with network facilities, including network congestion, network/equipment/power failure, or another technical problem. • All questions should be directed to 1-800-391-3000. E911 Service, Private Branch Exchange, and Direct Inward Dial Service. By signing below, Customer acknowledges, agrees to and accepts the terms and conditions of this Sales Order. s Signature: Signature: Sales Rep: David Ingber Name: Name: Sales Rep E -Mail: david_ingber@comcast.com Title: Title: Region: Florida Date: Date: Division: Central Page 152 of 808 COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM SASS ETHERNET SERVICES AND PRICING Account Name: City of Boynton Beach Date: January 30, 2018 MSA ID#: FI-4858162-CMunr Short Description of Service: Service Term (Months): 60 SOID#: FI-4858162-CMunr-10545217 Solution Charaes lfjj� f� if lit 1021 S FEDERAL HWY-City of 1 New Add EN110100 pod South Florida $ 46.36 $ 0.00 Boynton Beach 1021 S FEDERAL HWY 1021 S FEDERAL HWY-City of 2 New Add ENS -BASIC -50 50 Mbps See Matrix Interstate $ 253.44 $ 0.00 Boynton Beach 1021 S FEDERAL HWY 1021 S FEDERAL Equipment HWY-City of 3 New Add EQP FEE $ 0.00 $ 0.00 Fee Boynton Beach 1021 S FEDERAL HWY 124 E WOOLBRIGHT RD --City of 4 New Add EN110100 Port Boynton Beach South Florida $ 46.36 $ 0.00 124 E WOOLBRIGHT RD 124 E WOOLBRIGHT RD --City of 5 New Add ENS -BASIC -100 100 Mbps Boynton Beach See Matrix Interstate $ 370.89 $ 0.00 124 E WOOLBRIGHT RD 124 E WOOLBRIGHT RD --City of Equipment 6 New Add EQP FEE Boynton Beach $ 0.00 $ 0.00 124 E WOOLBRIGHT RD 1901 N SEACREST BLVD -City of 7 New Add EN110100 Port Boynton Beach South Florida $ 46.36 $ 0.00 1901 N SEACREST BLVD 1901 N SEACREST BLVD -City of 8 New Add ENS -BASIC -100 100 Mbps Boynton Beach See Matrix Interstate $ 370.89 $ 0.00 1901 N SEACREST BLVD 1901 N SEACREST Equipment BLVD -City of 9 New Add EQP FEE $ 0.00 $ 0.00 Fee Boynton Beach 1901 N SEACREST Solution Charges Page 154 of 808 2080 HIGH RIDGE RD --City of Boynton 10 New Add ENIGIGE Port South Florida $ 164.94 $ 0.00 Beach 2080 HIGH RIDGE RD 2080 HIGH RIDGE RD --City of Boynton 11 New Add ENS -BASIC -1000 1000 Mbps See Matrix Interstate $ 510.06 $ 0.00 Beach 2080 HIGH RIDGE RD 2080 HIGH RIDGE RD --City Equipment of Boynton 12 New Add EQP FEE $ 0.00 $ 0.00 Fee Beach 2080 HIGH RIDGE RD 2080 HIGH RIDGE ROAD - PATH B -City of 13 New Add ENIGIGE Pod South Florida $ 164.94 $ 0.00 Boynton Beach 2080 HIGH RIDGE ROAD 2080 HIGH RIDGE ROAD - PATH B -City of 14 New Add ENS -BASIC -1000 1000 Mbps See Matrix Interstate $ 510.06 $ 0.00 Boynton Beach 2080 HIGH RIDGE ROAD 2080 HIGH RIDGE ROAD - Equipment PATH B -City of 15 New Add EQP FEE $ 0.00 $ 0.00 Fee Boynton Beach 2080 HIGH RIDGE ROAD 222 NE 9TH AVE -City of 16 New Add EN110100 Port Boynton Beach South Florida $ 46.36 $ 0.00 222 NE 9TH AVE 222 NE 9TH AVE -City of 17 New Add ENS -BASIC -100 100 Mbps Boynton Beach See Matrix Interstate $ 370.89 $ 0.00 222 NE 9TH AVE 222 NE 9TH AVE -City of 18 New Add EQP FEE Equipment Boynton Beach $ 0.00 $ 0.00 222 NE 9TH AVE 2240 N FEDERAL HWY-City of 19 New Add EN110100 Pod South Florida $ 46.36 $ 0.00 Boynton Beach 2240 N FEDERAL HWY 2240 N FEDERAL HWY-City of 20 New Add ENS -BASIC -20 20 Mbps See Matrix Interstate $ 185.44 $ 0.00 Boynton Beach 2240 N FEDERAL HWY 2240 N FEDERAL Equipment HWY-City of 21 New Add EQP FEE $ 0.00 $ 0.00 Fee Boynton Beach 2240 N FEDERAL HWY 225 NW 12TH AVE -City of 22 New Add EN110100 Port Boynton Beach South Florida $ 46.36 $ 0.00 225 NW 12TH AVE Page 154 of 808 Solution Charges lfijj� lif 225 NW 12TH AVE -City of 23 New Add ENS -BASIC -100 100 Mbps Boynton Beach See Matrix Interstate $ 370.89 $ 0.00 225 NW 12TH AVE 225 NW 12TH AVE -City of Equipment 24 New Add EQP FEE Boynton Beach $ 0.00 $ 0.00 225 NW 12TH AVE 2615 W WOOLBRIGHT RD -City of 25 New Add EN110100 Port Boynton Beach South Florida $ 46.36 $ 0.00 2615 W WOOLBRIGHT RD 2615 W WOOLBRIGHT RD -City of 26 New Add ENS -BASIC -100 100 Mbps Boynton Beach See Matrix Interstate $ 370.89 $ 0.00 2615 W WOOLBRIGHT RD 2615 W WOOLBRIGHT RD -City of Equipment 27 New Add EQP FEE Boynton Beach $ 0.00 $ 0.00 2615 W WOOLBRIGHT RD 3111 S CONGRESS AVE -City of 28 New Add EN110100 Port Boynton Beach South Florida $ 46.36 $ 0.00 3111 S CONGRESS AVE 3111 S CONGRESS AVE -City of 29 New Add ENS -BASIC -50 50 Mbps Boynton Beach See Matrix Interstate $ 253.44 $ 0.00 3111 S CONGRESS AVE 3111 S CONGRESS AVE -City of 30 New Add EQP FEE Equipment Boynton Beach $ 0.00 $ 0.00 3111 S CONGRESS AVE 3501 N CONGRESS AVE -City of 31 New Add EN110100 Port Boynton Beach South Florida $ 46.36 $ 0.00 3501 N CONGRESS AVE 3501 N CONGRESS AVE -City of 32 New Add ENS -BASIC -100 100 Mbps Boynton Beach See Matrix Interstate $ 370.89 $ 0.00 3501 N CONGRESS AVE 3501 N CONGRESS AVE -City of 33 New Add EQP FEE Equipment Boynton Beach $ 0.00 $ 0.00 3501 N CONGRESS AVE 5469 W BOYNTON BCH BLVD -City of 34 New Add EN110100 pod South Florida $ 46.36 $ 0.00 Boynton Beach 5469 W BOYNTON BCH Solution Charges Page 156 of 808 5469 W BOYNTON BCH BLVD -City of 35 New Add ENS -BASIC -100 100 Mbps Boynton Beach See Matrix Interstate $ 370.89 $ 0.00 5469 W BOYNTON BCH BLVD 5469 W BOYNTON BCH BLVD -City of Equipment 36 New Add EQP FEE Boynton Beach $ 0.00 $ 0.00 5469 W BOYNTON BCH BLVD 6415 N OCEAN BLVD -City of 37 New Add EN110100 Port Boynton Beach South Florida $ 46.36 $ 0.00 6415 N OCEAN BLVD 6415 N OCEAN BLVD -City of 38 New Add ENS -BASIC -20 20 Mbps Boynton Beach See Matrix Interstate $ 185.44 $ 0.00 6415 N OCEAN BLVD 6415 N OCEAN BLVD -City of 39 New Add EQP FEE Equipment Boynton Beach $ 0.00 $ 0.00 6415 N OCEAN BLVD 8020 JOG ROAD -City of 40 New Add EN110100 Port Boynton Beach South Florida $ 46.36 $ 0.00 8020 JOG ROAD 8020 JOG ROAD -City of 41 New Add ENS -BASIC -20 20 Mbps Boynton Beach See Matrix Interstate $ 185.44 $ 0.00 8020 JOG ROAD 8020 JOG ROAD -City of 42 New Add EQP FEE Equipment Boynton Beach $ 0.00 $ 0.00 8020 JOG ROAD Service Charges: Services Location Details attached $ 5,565.75 **Performance Tier Matrix Attached (For On -Net to On -Net or On -Net to Off -Net) Total Eauioment Fees: $ 0.00 $ 0.00 Page 156 of 808 COMCAST COMCAST ENTERPRISE SERVICES SALES ORDER FORM BUSINESS SERVICE LOCATION DETAIL INFORMATION January 30, Account Name: City of Boynton Beach MSA ID#: FI-4858162-CMunr SO ID#: Date: 1054 2018 105458162-CMunr-5217 Fro, J 2615 W WOOLBRIGH 2615 W BOYNTON Charles 1 T RD -City of WOOLBRIGHT FL 33436 (561) 742-6079 stevensc@bbfl.us Yes No BEACH Stevens Boynton RD Beach 1901 N SEACREST 1901 N BOYNTON Charles 2 BLVD -City of SEACREST FL 33435 (561) 742-6079 stevensc@bbfl.us Yes No Boynton BLVD BEACH Stevens Beach 2080 HIGH RIDGE RD-- 2080 HIGH BOYNTON Charles 3 City of FL 33426 (561) 742-6079 stevensc@bbfl.us Yes No Boynton RIDGE RD BEACH Stevens Beach 222 NE 9TH AVE -City of 222 NE 9TH BOYNTON Charles 4 FL 33435 (561) 742-6079 stevensc@bbfl.us Yes No Boynton AVE BEACH Stevens Beach 5469 W BOYNTON 5469 W BCH BLVD- BOYNTON Charles 5 BOYNTON FL 33437 (561) 742-6079 stevensc@bbfl.us Yes No City of BEACH Stevens Boynton BCH BLVD Beach 2240 N FEDERAL 2240 N BOYNTON Charles 6 HWY-City of FEDERAL FL 33435 (561)742-6079 stevensc@bbfl.us Yes No Boynton HWY BEACH Stevens Beach 225 NW 12TH AVE -City of 225 NW 12TH BOYNTON Charles 7 FL 33435 (561)742-6079 stevensc@bbfl.us Yes No Boynton AVE BEACH Stevens Beach 1021 S FEDERAL 1021 S BOYNTON Charles 8 HWY-City of FEDERAL FL 33435 (561)742-6079 stevensc@bbfl.us Yes No Boynton HWY BEACH Stevens Beach 3111 S CONGRESS 3111 S BOYNTON Charles 9 AVE -City of CONGRESS FL 33426 (561) 742-6079 stevensc@bbfl.us Yes No Boynton AVE BEACH Stevens Beach 6415 N OCEAN 6415 N OCEAN BOYNTON Charles 10 BLVD -City of FL 33435 (561) 742-6079 stevensc@bbfl.us Yes No Boynton BLVD BEACH Stevens Beach 124 E WOOLBRIGH 124 E BOYNTON Charles 11 T RD --City of WOOLBRIGHT BEACH FL 33435 Stevens (561) 742-6079 stevensc@bbfl.us Yes No Boynton RD Beach 3501 N CONGRESS 3501 N BOYNTON Charles 12 AVE -City of CONGRESS BEACH FL 33436 Stevens (561) 742-6079 stevensc@bbfl.us Yes No Boynton AVE Beach 8020 JOG ROAD -City of 8020 JOG BOYNTON Charles 13 FL 33472 (561)742-6079 stevensc@bbfl.us Yes No Boynton ROAD BEACH Stevens Beach 2080 HIGH 2080 HIGH BOYNTON Charles 14 RIDGE PATH B FL 33426 (561) 742-6079 stevensc@bbfl.us Yes No ROAD -PATH RIDGE ROAD BEACH Stevens raye lot T808 Page 158 of 808 Comeast. Enterprise Services. Sales Order Form Ethernet Transport. Services Performance Tier (PTY Matrix COMCAST BU S N E 5S 2035-01-05 miff Page 159 of 808 id Centrau &'W -tern PT7. FA CPnp F'If3 PT3 PT3 PT3 F'T3 PT3 Poi. F'If'2 PT3. PT2 FT3 PT3 PT2. PTS F'T'2. PT2. Poi. FTS PT3 P74 F'If4 PT3 P74 F'If2 PT3 PTS P73 F'T4 P72. Central) Arka.sa.s PT3 (CAR,N PT1 P73 PT2 PT2 FT3 PT3 PT2 PT3 PT3 PT3 PT2 PT3 PT3 PT3 FT3 PT3 PT2 PT3 PT2 PT3 PT3 PT3 PT3 PT2 PT3 PT2. PT3 PT3 PT3 Cenxrall Neta PT3 MeA. )CNMN PT3 PTI PT3 PT2. RT4 PTY PT3 RT4 PT3 PT3 PTY PT3 PT3 PT3 RT3 PTY PT3 FT3 PT3 PT3 FT3 PTY PTY FT3 PT3 PT3 PT3 RT3 PT4 C'aastaVGeorg'Va PT3 )CGA') PT2 PT3 PT2 PT3 P73 P72. P72. R73 P73 P73 P73 P73 P73 P72 P73 P73 P73 P73 P72. P74 P74 P72. P74 P72 P72. P72. P73 P74 P73 Call. -do (CC^.N P73 P72 P72. P73 P71 P74 PTS P73 P73 P72. P73 P72 P72. PT2. P73 P72. PTS P73 R72 P73 P72 P73 PTS PT2. P73 PT3 PTS P72. 13 P73 Eastern PT'3 Tennesse..e NETN) PT3 PT4 PT3 PT4 F'T1 PT3 PT3. RT4 PT3 PT3 PT3 PT3 PT3 PT3 RT3 PT3 PT2 RT3 PT2 PT4 RT4 PT3 PT4 PT2 PT3 PT3 PT4 P74 P74 Eltoroda PT3 Panhandlle(FPAp PT3 PT3 PT2 PT3 P73 PT2 PT2. 73 PT2 PT3 PT3 PT3 PT3 PT2 P73 P73 P72. R73 P72 PT3 PT4 PT2. PT4 FT2 PT2 PTS P73 P74 P73 Greabef AtBanta PT2 )ATO RT2 PT3 PT2. PT3 RT2 PT2 PT2 FT3 PT2 PT7. PT 2. PT3 PT2 PT2 RT2 PT2 PT2. FT3 PT2. PT3 FT3 PT2 PT3 RT2 PT2. PT2. PT3 FT3 PT3 Greater 3a5t4n PT2. )8O3 FT3 PT4 PT3 PT3 RT4 PTY PT3 FTI PT2. PT2 RT3 PT3 PT2. PT3 FT2. PT2. PT3 PT3 PT3 PT4 RT4 PTY PT4 FT3 PT3 PT3 PT4 RT4 PT2. G reaTeir ChGoago PT2. PT3 PT3 PT3 PT2 RT3 PT2. PT2. RT2 PT2 PT2 PT2 PT2. PT2. PT2 RT2 PT2. PT2 RT2 PT3 PT3 RT3 PT3 PT3 PT2 PT3 PT3 PT3 RT3 PT2. )CHVy Greater P'h ull. PT'2. Neue Jersey P'HLN PT3 P73 PT3 PT3 F73 PT3 PT3. R72 PT2 P71 P73 P73 PT2. PT3 P72. P72 P73. R73 P73 P74 R74 P73 PT4 R73 PT3 PT3 P73 P74 P72. Houstan(HOUP73 P72 P73 PT3 P'T:. P73 P73 P72 R73 P72. P73 P71 P73 P72 P72 P73 P73 P72 R73 P73 P73 P73 P72. P73 P73 P73 P72. PT3 P73 P73 Ilndependen[e PT'3 PT3 PT'3 PT3 PT2 -3PT3 PT3 -3PT2. PT3 PT3 P71 PT2. PT3 PT'2. PT3 PT2. -2PT3 PT3 -3PT3 PT3 PT3 PT3 PT3 PTS -3 P73NIINNPN Ilnduana ONO.N PT2 PT3 PT3 PT3 PT2 PT3 PT3 PT2 PT2 PT2 PT2 PT2 PT2 PT1 PT2 PT2 PT2 PT2 PT2 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT3 PT2. Jacksnn'uulllle NJACN PT3 FT3 PT3 PT2 PT3 FT3 PT2. PT2. RT3 PT2 PT3 FT2 PTI PT2. PTI 13 PTY PT2. FT3 PT2 PT4 RT4 PT2. PT4 FT3 PT2 PT3 PT3 RT4 PT3 Miichiigan NWPT2. FT3 PT3 PTY PT2. FT3 PTY PT2. RT2 PT2. PT2. PT3 PT2. PT2 PT3 RTI PT2. PT2. RT2 PTY PT3 RT3 PTY PT3 FT3 PT3 PT3 PT3 RT3 PT2 M iid-AFIlanti4[ PT2. )MATp PT3 PT3 PT3 PT3 RT3 PTY PT2. RT2 PT2. PT2 PT3 PT3 PT2. PT3 RT2. PT2 PT2. RT3 PT3 PT4 RT4 PTY PT4 PT3 PT3 PT3 PT3 RT4 PT2. MiiddVe RT2. Tenn-se,)MTN) PT2 PT3 PT3 PT3 P72 PT2. P72. R73 P72 P72. P72 P72. P72. P72 P72 P72. P71 R72 P72 P73 P73 P72. P73 P72 P73 P73 P73 P73 P73 Miinn-ta (MN) P73 P73 P73 P73 P72 P73 P73 73 P73 P72 P73 P73 P72 PT2 73 P72 P73 P72 P71 P73 P73 P73 P73 P73 P73 P73 P73 73 P73 P73 Northern AL (NALN P73 PT2 P73 PT2 PT3 P72 PT2 PT2 PT3 PT3 PT3 PT3 PT3 PTI PT2 F73 PT3 PT2 73 PT1 PT4 PT4 PT3 PT4 PT2 PT2. PT2 PT3 PT4 PT3 North- CANCAN PT4 FT3 PT3 PT4 PT2 FT4 PT3 PT3 RT4 PT3 PT4 FT3 PT3 PT3 PT4 RT3 PT4 PT3 FT3 PT4 PTI RT2 PT4 PT2. RT4 PT4 PT3 PT2 RT2 PT4 Oregon & S4V PT4 M2'a.s.h Vngton(ORN RT3 PT3 PT4 PT3 RT4 PT4 PT3 RT4 PT3 PT4 FT3 PT3 PTY PT4 RT3 PT4 PT3 RT3 PT4 PT2 RTI PT4 PT2. FT4 PT4 PT3 PT2 RT2 PT4 South Flloriida ).SEEN PT3 RT3 PT3 PT2 PT3 RT3 PT2. PT2. RT3 PT3 PT3 RT2 PT3 PT3 PT2 RT3 PTY PT2. RT3 PT3 PT4 RT4 PT2 PT4 FT3 PT2 PT3 PT3 RT4 PT3 South- PT4 CalHforniia )KAN PT3 PT3 PT4 PT2. P74 P74 P73 P74 P73 P74 P73 P73 P73 P74 P73 P74 P73 P73 PT4 P72. P72 P74 P71 P74 P74 P73 P72 P72 P74 South & PT2. North GA [S (STNJ PT2 PT3 PT2. PT3 7272 PT2 . PT2. PT3 PT2. PT3 FT3 PT3 PT3 PT3 P73 P73 PT2. PT3 PT2. PT4 PT4 PT3 PT4 PT1 PT3 PT2 PT3 F74 PT3 Southwest FlIIII- da NSWFN PT3 F'If3 PT3 PT2 PT3 F73 PT2 PT2 -3 PT3 PT3 P73 P73 PT3 PT2 F73 PT3 PT3 PTY PT2 PT4 F'If4 PT2 PT4 -3 PTl. PT3 PTI F74 PT3 SW TN & No-rthern PT3 MS (SVVTf RT2 PT3 PT2 PT3 PT3 PT3 PT2 PT3 PT3 PT3 PT2 PT3 PT3 PT3 PT3 PT3 PT3 FT3 PT2 PT3 PT3 PT3 PT3 PT2 PT3 PTI PT3 RT3 PT3 Utah (UTN PT3 RT3 PT3 PT3 PT2 RT4 PT3 PT3 RT4 PT3 PT3 FT3 PT3 PTY PT3 RT3 PT3 PT3 RT3 PT3 PT2 RT2 PT3 PT2 FT3 PT3 PT3 PTI FT2 PT4 NVa.shungton N'A'AJ PT4 RT3 PT3 PT4 PT3 RT4 PT4 PT3 RT4 PT3 PT4 RT3 PT3 PT3 PT4 RT3 PT4 PT3 PT3 PT4 PT2 RT2 PT4 PT2. RT4 PT4 PT2. RT1England NewsPT2. tPT3 Eng Tand [hAlN EN PT3 PT4 PT3 PT3 RT4 PT3 PT3 RT2 PT'3 PT2, PT3 PT3 PT2 PT3 RT2 PTB, PT3 RT3 PT3 PT4 RT4 PT3 PT4 PT3 PT3 PT4 RT4 PT1 COMCAST BU S N E 5S 2035-01-05 miff Page 159 of 808 This Master Service Agreement ("Agreement') sets forth the terms and conditions under which Comcast Cable Communications Management, LLC and its operating affiliates ("Comcast') will provide communications and other services ("Services") to the above Customer. The Agreement consists of this fully executed Master Service Agreement Cover Page ("Cover Page"), the Enterprise Services General Terms and Conditions ("General Terms and Conditions"), any written amendments to the Agreement executed by both parties ("Amendments"), the Product -Specific Attachment for the applicable Services ("PSA(s)") and each Sales Order accepted hereunder ("Sales Orders"). In the event of any inconsistency among these documents, precedence will be as follows: (1) this Cover Page (2) General Terms and Conditions, (3) PSA(s), , and (4) Sales Orders. This Agreement shall be legally binding when signed by both parties and shall continue in effect until the expiration date of any Service Term specified in a Sales Order referencing the Agreement, unless terminated earlier in accordance with the Agreement. The Customer referenced above may submit Sales Orders to Comcast during the Term of this Agreement ("MSA Term"). After the expiration of the initial MSA Term, Comcast may continue to accept Sales Orders from Customer under the Agreement, or require the parties to execute a new MSA. The Agreement shall terminate in accordance with the General Terms and Conditions. The General Terms and Conditions and PSAs are located at http://business.comcast.com/enterprise-terms-of-service/index.aspx(or any successor URL).Use of the Services is also subject to the High -Speed Internet for Business Acceptable Use Policy ("AUP") located at http://business.comcast.com/customer-notifications/acceptable-use-policy (or any successor URL), and the High -Speed Internet for Business Privacy Policy (Privacy Policy") located at http://business.comcast.com/customer-notifications/customer-privacy- statement (or any successor URL). Comcast may update the General Terms and Conditions, PSAs, AUP and Privacy Policy from time to time upon posting to the Comcast website. Services are only available to commercial customers in wired and serviceable areas in participating Comcast systems (and may not be transferred). Minimum Service Terms are required for most Services and early termination fees may apply. Service Terms are identified in each Sales Orders, and early termination fees are identified in the applicable Product Specific Attachments. BY SIGNING BELOW, CUSTOMER AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. r, � r rrr, �ft��rrr &�rtt�fl� rrr li r, ., / ,./i// r „ ' / /.................. r // rrrrrrr /rrn i/. ,. rrr,,,. /�i'� i nnnnr ............ r r . nnnnr nnnnrrrnnn,:. 1 , . • MSA • /months• City of Boynton 01n 11FF;IF4411AT1 Contact:Primary Charles Stevens r Contact Address • - • Sales Rep Email: david—ingber@comcast.com Phone: •742-6079 • • - •Central stevensc@bbfl.us• • • - This Master Service Agreement ("Agreement') sets forth the terms and conditions under which Comcast Cable Communications Management, LLC and its operating affiliates ("Comcast') will provide communications and other services ("Services") to the above Customer. The Agreement consists of this fully executed Master Service Agreement Cover Page ("Cover Page"), the Enterprise Services General Terms and Conditions ("General Terms and Conditions"), any written amendments to the Agreement executed by both parties ("Amendments"), the Product -Specific Attachment for the applicable Services ("PSA(s)") and each Sales Order accepted hereunder ("Sales Orders"). In the event of any inconsistency among these documents, precedence will be as follows: (1) this Cover Page (2) General Terms and Conditions, (3) PSA(s), , and (4) Sales Orders. This Agreement shall be legally binding when signed by both parties and shall continue in effect until the expiration date of any Service Term specified in a Sales Order referencing the Agreement, unless terminated earlier in accordance with the Agreement. The Customer referenced above may submit Sales Orders to Comcast during the Term of this Agreement ("MSA Term"). After the expiration of the initial MSA Term, Comcast may continue to accept Sales Orders from Customer under the Agreement, or require the parties to execute a new MSA. The Agreement shall terminate in accordance with the General Terms and Conditions. The General Terms and Conditions and PSAs are located at http://business.comcast.com/enterprise-terms-of-service/index.aspx(or any successor URL).Use of the Services is also subject to the High -Speed Internet for Business Acceptable Use Policy ("AUP") located at http://business.comcast.com/customer-notifications/acceptable-use-policy (or any successor URL), and the High -Speed Internet for Business Privacy Policy (Privacy Policy") located at http://business.comcast.com/customer-notifications/customer-privacy- statement (or any successor URL). Comcast may update the General Terms and Conditions, PSAs, AUP and Privacy Policy from time to time upon posting to the Comcast website. Services are only available to commercial customers in wired and serviceable areas in participating Comcast systems (and may not be transferred). Minimum Service Terms are required for most Services and early termination fees may apply. Service Terms are identified in each Sales Orders, and early termination fees are identified in the applicable Product Specific Attachments. BY SIGNING BELOW, CUSTOMER AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. Page 160 of 808 r, � r rrr, �ft��rrr &�rtt�fl� rrr Sales -• David Ingber Sales Rep Email: david—ingber@comcast.com Region: F• •. •Central Page 160 of 808 CeI►�LeI►�c��: � : . The entire contract can be found at h. 2: Saadvair�t:a e. ov irel t:e t; Ca �E:i.. 4i:1LO.AUGi.3i�F.i.<i�A..GS 351F.... ;i..S4BA. CCYi C�4S..If I�S000503092.01...6 PDF. ............................................................................................................................................................................................................................................................................. Authorized General Services Administration Federal Acquisition Service Information Technology Schedule Fricelist GS-35F-184BA. Comcast Business Communications, LLC One Comcast Center 1701 JFK Boulevard. Philadelphia, PA 19105 Phone: 215-665-1700 k. evil c.�rzc Contract Number: CJS-35F-184BA Period. Covered by Contract: February 1, 2014 — January 31, 2019 General Services Administration, Federal Acquisition Service Pncelist current through Modification Number PS -0005, effective 03%fhb% McNally, John Subject: FW: Revised Locations and Bandwidth Requirements for City of Boynton Beach WAN Project Attachments: C ITYOF BOYNTON BEACH -SOA01 3018.pdf From: Ingber, David [maiIto:David_lngber@comcast.com] Sent: Tuesday, January 30, 2018 11:40 AM To: Stevens, Charles <stevensc@bbfl.us> Subject: RE: Revised Locations and Bandwidth Requirements for City of Boynton Beach WAN Project Attached please find copy of revised pricing for the City of Boynton Beach WAN project. Please note the following: m C iii � 11111ill nut mmmmm and incentives were applied to total solution) 3. Comcast will extend new contracted rates for New City Hall location when ready to move forward with deployment of new services. Please call me if you have any questions. David Itkqber Strategic Account Manager, Florida 789 international Parkway Sunrise, Florida 33325 954..551..9368 (Mobile) 1 800 741 4141 (1 nterprise Care) d a v i d ...........ling 1ier-L@comc,,.istcomI �KvwJ3wJness.(' s� )m( . as com , jgj:rjruse ------------------- 4 ------ --L -------- III ------ IEI'IlilEIRINIEI'11)1RIIVAI'IEILIIINIE I1 IDIEIDII(,AI-IEIDIIINI-IEIRINIEl-AC(,IESS I1 IEI-IlilEIRINIEI-VlllRl-t)AILII)IRIIVAI-IEILIIINIE I1 IEI-IlilEIRINIEI-INIEIWOIRIKSIEIRVII(,IE elecorn II) live irse 1 II::aMilyScall allaile I High Calaadty 1 2 1/7 Support 1 IIM1::11:: Cerdfk!d a aii,rileii,ll::::tIliieii,riiet 1 IIallori'lld IIP and"flid111h Soluitlions COM,CAS'T BUSINESS Page 162 of 808 From: Stevens, Charles !Dpaillt o:steverisc tall ll.us .......................................................................................................................... Sent: Monday, January 29, 2018 10:23 AM To: Ingber, David <I .:ylid.........11irn Alia ii.. .. girmgp.st.c oir. > Subject: RE: Revised Locations and Bandwidth Requirements for City of Boynton Beach WAN Project Per our conversation on the phone can you please add the following to the "General Comments" section of the Comcast Enterprise Services Sales Order Form, ® 1 need stated that the pricing provided is based on GSA schedule GS-35F-184BA, ® 1 need a comment stating that the New City Hall is in the design phase and my not be ready for the ENS WAN connectivity until 18 to 24 months, You can word these however your legal department sees fit, h lrs SV�q+�ll" �, V ,, 030l0 11 S 'Jet\Ami l+ 11 +1 X1111ager I I id:b II"II""IIa'ft iiI II 1 ed I r II II & o�,ji V Selnfi c e.s Gtv r ro 11 II!3 ro u u p air a"u Il r e :!r dh I��rrollupr::�II`u Ilrr�.rr:°'r IIS ��,r�:.r�7rullprrouu Ilrrr�:rr°�, II r:;lillnr�� 13,u: � 12 6092 ' 1q .1 11 I P �r1r�r��,r�ua�r��:��IIullulllli.u':: PrVV:II�u: yr arosr.11uro uuV:r::r�iiulueadhrig/ America's Gateway to the Gulfstream "Ilei rse be w!kfis&I dh rV Il]r:"�11 kir has a bil~o�wl IpiiflNk 11 ecr::liil"rls I av„r rir(l A1 r oirrespr r(l Ieirce to tre wfia ein41 naV be siiflblect to Cfis;Ir:"oIINiI"e.1„�h (l Ie it II��'loirkl:r II"eerollrr;Is I r r, elrrr roll rr!kiilesres aire Ipiiflbl u~ercelilr(rIs, l heire:;r::ire, vr;;lilix e-Nr41 e e,fill"r"rll"r`rlixil le°afioiiu aii (r:l ve;lilix, e n41 wlrlil elrs nav be siiflbect V'r,::"piiflNkc real se Ir,ror:,rll.rure, From: Ingber, David [in.piJlto.-Qa. iid llln..J ..&c,�� Irma �ti:�girm] Sent: Friday, January 26, 2018 2:12 PM st verisc lralra�ll.us> To: Stevens, Charles <.......................................................... Cc: Ingber, David <I�D yiid..........11lr rolraeir @c oirncast..cglrn> Subject: RE: Revised Locations and Bandwidth Requirements for City of Boynton Beach WAN Project Importance: High 2 Page 163 of 808 Attached please find copy of updated pricing for the City of Boynton Beach WAN project. Please call me if you have any questions. David Jrer Strategic Account Manager, Florida 789 International Parkway Sunrise, Florida 33325 954..551..9368 (Mobil) I 800 741 4141 (1::: nterprise Care) Ilvi d ling er— co1C cas cooIrpq:Jn a a Il)mu a Qom I uuVQ Il Du use u'IFIlI I I I I' 11)1 IrVAI'I u_oI I II IDI IDo(,eau-I ID oI a -I I I I l-AC(,I ss II I u-IFIlI I I I u -vol a-t)AI_ IF)IRIIV au -I u_oI I II I u-IFIlI I I I c -I I IWOIRI sl I vo(,I IleIlrrxz�o nn 11) liveirse III n Mily S all nlL lle IHigh a nllI I ," 1/7 SuIluµuort III M1::11:: a erdfoa d a a rrlieii, II tfie rrroet III n!IIIo i'lld IIP „n ind"flidIl lnSo ui�u'8rc:uurrs C C, ST B WS I N ESS °IIIIii::lllc III-IIIL.III'l]E four seirvliicealbllle Mairlike'ts From: Stevens, Charles [romp 11t.o:steveinsc..V ra ll.us] Sent: Friday, January 12, 2018 10:05 AM Subject: Revised Locations and Bandwidth Requirements for City of Boynton Beach WAN Project Importance: High As promised, I have listed the locations that we are going to install the new network connectivity. You may notice that we have eliminated a couple of locations. I found out that these locations were being abandoned with the New City Hall is completed. If you could have the updated pricing and agreements back to me by Friday, January 26, 2018 1 would appreciate it. If you can get them done sooner it would be appreciated. If you cannot make the deadline, please let me know. Location Address Bandwidth Port Comments Public Works Admin 222 NE 9t" Ave, FL 33435 100Mbps 100Mbps Fire Station #2 2615 W. Woolbright Road, FL 33436 100Mbps 100Mbps Fire Station #3 3501 N. Congress Ave, FL 33436 100Mbps 100Mbps Hester Center 1901 Seacrest Blvd, FL 33435 100Mbps 100Mbps Intracoastal Park 2240 N Federal Hwy, FL 33435 20Mbps 100Mbps Oceanfront Park 6415 N Ocean Blvd, FL 33435 20Mbps 100Mbps SIMS Center 225 NW 12th Ave, FL 33435 100Mbps 100Mbps Senior Center 1021 S Federal Hwy, FL 33435 50Mbps 100Mbps Tennis Center 3111 S Congress Ave, FL 33426 50Mbps 100Mbps The Links 8020 Jog Rd, Boynton Beach, FL 33472 20Mbps 100Mbps West Water Plant 5469 West Boynton Beach Blvd, FL 33437 100Mbps 100Mbps Utilities Admin 124 E. Woolbright Road, FL 33435 100Mbps 100Mbps New City Hall 208 S Seacrest Blvd, FL 33435 400Mbps 1Gbps Diverse Paths 3 Page 164 of 808 New City Hall 33435 Fire Station #5 33426 Fire Station #5 33426 Notes for Agreement 208 S Seacrest Blvd, FL 400Mbps 1Gbps 2080 High Ridge Road, FL 1Gbps 1Gbps 2080 High Ridge Road, FL 1Gbps 1Gbps Diverse Paths Diverse Paths Diverse Paths • Turn Key project, demarc to demarc with 5 year term. Monthly price includes all costs. • New City Hall at 208 S Seacrest Blvd, FL 33435 is in the planning/design stage and is expected to be ready for connectivity approximately June 2019. This date may change depending on engineering and construction schedules. Thank You, h lrs SV�q+�ll" �, V ., 030l0 I � S 'Je'u;: mi < N,I SII IIager I I I I Mi 11"II""IIa ftii 11 11 � ed I r II Il & oi, V Sn "Infi ( es q.00 oi vii iit iiii e.rdh kf(L�or u.Itorn rradh, IIIoiirkia 33V3,15 56 ro 0 � tl'1'N ° � �„, z u6 11 12 6092 'orir�r��,r�ua�r��:��IIulluIIBIl.u�': PTVV:II�u: r aror.11uro uuV:�r::��lluNursad'iTrollg/ America's Gateway to the Gulfstream "Iease be w!kfi &r I V'h rV IIIoiu ki r Ih as a Ibliroi�wV IpiiflNlllr II ecoi�Ir(rIs II EyA,, rlr(rI AI r oiirrespoir(Velrce to ne wfia eIn4I naV be siiflbpect to Cfi sr;lloioll uure,..h urIeir II��'lloiirkV :r II"eoiill"r;Is II r r, eu.rr roll rr,:kii e res aire Ipiiflbu II"rrcoiilr(rIs. � lheirell:biu e, voilix e--n4I r r,lill"r"rll"rill ull ullcafioiu a aii""u(I voilix, e In rill wkii elrs nav be siiflbpect V'r,::"piiflNc ( i sr Ir,rooll.uure, 4 Page 165 of 808 10. 0 CONSENTAGENDA 2/20/2018 REQUESTED ACTION BY COMMISSION: Approve funding in the amount not too exceed $15,000 for a Commercial Interior Build -Out Grant and an amount not too exceed $12,000 for a Commercial Rent Reimbursement Grant to Virgin Islands Coffee Roasters, LLC, 1420 Neptune Dr. Bay #0, Boynton Beach, FL 33426. EXPLANATION OF REQUEST: Virgin Islands Coffee Roasters, LLC, a specialty coffee roasting company within the Boynton Beach city limits submitted two applications for financial assistance to the Economic Development Division. The first application is for $15,000 from the Commercial Interior Build -Out Grant Program and the second application is for $12,000 from the Commercial Rent Reimbursement Program. The Commercial Interior Build -Out Grant program offers financial assistance up to $15,000 to help offset upfront commercial remodel expenses associated with starting up or expanding business operations. The Commercial Rent Reimbursement Grant program offers financial assistance up to $12,000 in the form of rent payment reimbursement up to half of the business's monthly rent or $1,000 per month, whichever is less. The applicant meets all program guidelines required to be awarded funds from the Commercial Interior Build - Out and Rent Reimbursement Grants HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? As part of the City's Economic Development Program, incentives have been designed to provide financial assistance to new and existing businesses during the critical first or expansion year of operation. FISCAL IMPACT: Budgeted A maximum of $27,000 from account 001-2419-559-49-68. The City will reimburse on a quarterly basis. ALTERNATIVES: Approve lower funding or deny award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Page 166 of 808 Grant Amount: ATTACHMENTS: Type D (3)iraint Appicatioin D (3)iraint Appicatioin D AddE)indUlirn D AddE)indUlirn Description Virgiin Isbinds COffE)E) RoastE)rs IRENI'lt Virgiin Isbinds COffE)E) RoastE)rs IIll'ItENriorIC: L.JliUOL.Jlt (3)iraint Appicatioin Virgiin Isbinds COffE)E) RoastE)rs ll['ItEsIrioir'IC: L.JliUOL.Jlt CE)rhficahoin I ishing Virgiin Isbinds COffE)E) RoastE)rs IRENI'lt �l:REsliiryilbL.Jlir'SE�lirTIEsll'It CE�,rhficahoin I ishing Page 167 of 808 2013/2014 City of Boynton Commercial Rent Reim * r. Type or Only Additional BUSINESS INIFORMAT11OR: AppIlicant's Mailing Address,-, Phone -24`1Tax.-- ....................... _.. - -� EmaiN...... Months/years uirrent N....ocalion-- New Busiiness to Iloyntoin Reach-- Yes No Do you have an executed lease agireement? Yes No MonthlyRent: .......-....._ ..... New Business Address (if alppllVcac Ixistiing Business: Yes No Num eir of years in existence-- Square footage of existing Ilocation Square footage of new location Type of Business: .................. ;;�U peration ours of IAr your applyingfeirgirant nce and it any other p --gram offe�by pity? Yes No If yes, what additional programs are you applying for: Are you receiving grant assistance from any other governmental agencies? Yes. No If yes, list any aditional grant sources and amounts: Page 6 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Phone 561-742-6350 Fax 561-742-6357 �nrav�w.Nao „mul;a,�ta„-��;Il�,,t Initials Page 168 of 808 1-1-seumde KU7.11515Tai Commercial Interior Build -Out Program Guidelines. W IN W.-NUor lin'l-die agenu; 10 laisclose Intormation deemed necessary to oDmpiete this application. wow 1*A#JttL41(-M I understand that if this application and the information fumished in support of the application ore found to be incomplete, it vWll not be processed. p;i 11 k — I I b a Itis- the resp ibility -6rft.tb::RE---AC[AND UNDERSTAND all aspects of the Grant Ms _qf the applic ProgTnVApplioation and Guidelines. go L= -- Page 7 of 9 100 E. Boynton Beach Blvd P.O. Box 3 10 Boynton Beach, FL 33425-03 10 ,V IT aW I britilwas'lic. rbj As� Page 169 of 808 Notary as to Principal/Owner's Signatures. Multiple Notary pages may be used if signing individually. STATE OF COUNTY OF BEFOREME, an officer duly authorized by law to administer oaths and take acknowledgements, personally x o ?PA��, a Uaand acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOING, e set my hand and official seal in the State and County aforesaid on this day of P� (,/' , 2 (Notary seal/stamp) OTAf24UB / My Commission Expires: // f Page 8 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Phone 561-742-6350 Fax 561-742-6357 mrinr,ltY.!!i a v:: �E12.:e Initials Page 170 of 808 Individually. STATE OF * d COUMY OF ,, ► &&L BEFORE ackn=r� - i ■;i IraL who [<�pp;e��rmsonally �knownto me or executed'the foregoingAgreement the use and purposes mentioned in it and that the Instrument ' is his/her act and deed. IN WITNESS OF THE FOREG NG, I have set -my hand iofficial seal Inthe State and County` Page 8 of 9 Boynton aBlvd 1 Boynton Beach, Phone 561-742-6350 Fax 1- 357 khAAr wtiais&_ Page 171 of 808 606MIS&I-ON &-AN APPLICAYiON IS Not A. Oil 10-iie _i ii` ly 11 t to RE -AD ANDUNDERSTAND all_ Ay 9f ffi PH .pedp iqfffie_Gr6hkL"riffl Application and GuikdZ�fines. �p 01 �1Ili S Si'rtUre te 1(11 I 111 Signature I a a 0 1*T*1C,nvA1*"xT`kqv- &A 'o 0, , a BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgernents, personally appeared - Alle^— Baum - . who jsAMnal� 60-;� -to Me or produced as ideniffication, and VAI;iiiiii "0111 01 aforesaid an this day of S:3anL4,0.l 20A (Notary seal/stamp) Page 9 of 9 100 E Bqnton Beach Blvd P.O. Box310 Boynton BcaA FL 33425-03 10 NO 5 1 a - W 4 ►!1PExjpArews.: Page 172 of 808 City of Boynton Beach 201312014 Commercial Interior Build -Out 1, (Roane Type or Print �r w� O Business Name (®/B!A if applicable); Current Business ................. afxr o CurrentYears Location: ,, Do oexecuted lease agreement: Landlord Na: Landlord Landlord's Mailing i ,Lo 2— Now Business Address applicable New Business o Boynton Beach: Number of years in existence 0 Square footage of existing space: :3 �4 2- (.0 Square footage of expansion: Type of Business: iAj L" les&�- ,u,,,4:, Employees: Hours Operation' "' !",r � �Yes Are you applying for grant assistance under any other program offered by the City:: If yes, ,. , at additional '4 programs a, . you applying o Are you receiving grantassistance y any other governmentalagencies; e If yes, Ust any aditional grant sourcesand ti Faze 6 ®f 9 100 E. Boynton newh Blvd P.O. Box 310 Boynton 33425 31 Phoma 561-742-6330 Fax 561-742-6357 wnK.bom1ffl--beach.org Page 173 of 808 III Lol I gig jJFU_T;T'-T,1MrM; I understand that this application is not a guarantee of grant assistance. Should my OppliaMon be approved, I understand that the City may at Its sole discretion discontinue subsidy payments at any time If in its sole and absolute detertrilriation it feels such assistance no longer meets the program Yriteria or Is no longer benefiting the furtherance of the City mission. I hereby waive my rights under the privacy and confidentiality provision act, and give my consent to the City of BotnIgn B __ - -t- - @Dck its aVr& W'kAr&e herein. I further grant permission, and authorize any bank, employee or other public or privaite agency to disclose information deemed necessary to complete this application. I give cermission to the CAtv.DLb_w_e I understand that if this application and the information fumished In support of the application are found to be incomplete, it will not be processed. VUBMISSION _OF;AV A I T .qr• It isthe responsibility of the applicant toRrA'I)_ANl5UNlJ'ERtTAN_D all aspects of the Grant Program /q A , _Pplicalion -and guidelines. WEMM 6-MV99 WM pap?Of9 100 E. 8OYn= Reach Blvd P.O. Rox 310 DOYMOB BCa* FL 33425-0310 Phone 561-742-6350 Fax 561.742-6357 MMhOMMINGUM 1Wfials 011-5 Page 174 of 808 Notary as to Principal/Owner's Signatures. Multiple Notary pages may be used if signing 'ndividually. STATE OF COUNTY Oi:::: BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgements, personally appeared A -LI SEX FOtr' lit -j --C-4 who is personally known to me or produced ' t) Vic --,a P6 P ` —, as identification, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it and that the instrument is his/her act and deed. IN WITNESS OF THE FOREGOPG, I have se�pmy hand,and official seal in the State and County aforesaid on this day of 201 (Notary seal/stamp) `NOTARYPUBLIAZ� My Commission Expires: Page 8 of 9 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425-0310 Phone 561-742-6350 Fax 561-742-6357 EEw-1bqLnton-_beaqh.oA,, Initials Page 175 of 808 fM d rA ," am. 3 ' ` officer ft,, duly authorized by law to administer oaths and (eke acknowledgements. 'M-1 who is personally personally appeared , ¥ known or produced as identifidation, and acknowledged he/she executed the foregoing Agreement for the use and purposes mentioned in it IN WNESS OF THE FOREGOING, d affidal seal In the State and County i '.,� 'C�'"?,f y' iy 17, A, i'...,' 0 R�p A-Rj. My Commission Expires: Page 8 of 9 100 E. Boynton 'Mw Blvd P.O.Box Boyntm Beach, 0 Y ��WWMA UKIG-U1191A 6 Page 176 of 808 #qfiffim—s 'd-F—Am-APOLIcATIO—Al-- ffifft-0—F-F-UM-6 ARANII. VA "60 A'AAJJ& "T M. Application and Guidelines. 10 LOA7111,11v" A a BEFORE ME, an officer duly authorized by law to administer oaths and take acknovAedgem ts, personally appeared tPjC:j itno, who 1156eirsonally known to me or produced as identifics , and acKnowedged h(osm executed the foregoing Agreement for the use and purposes menlJoned in It and that tk instrument Is hialher act and deed, 1AH'I'TNESS OF THE FOREGOING, I have set m hand and official seal in the State aro' County aforesaid on this. day i M1 I d NOTARY PUBLIC My Commission Expires: Page 9 of 9 100 E. Boynton Reacb Blvd P.O. Box 310 BoYnton Beach, FL 33425-0310 Page 177 of 808 Virgin Islands Coffee Roasters, LLC ® New Business ® Existing Business Rent Reimbursement Z Build Out Request Business Name 1420 Neptune Dr., Bay # 0, Boynton Beach, FL 33426 ..�._...................................... ..._....-............................................................. ..... _............................................. -........ .._.. Street Address Catherine Smith I cathy@vicoffeeroasters.com Contact Name Email 340-227-7349 Phone# Cell# DOCUMEN=TATION 7plete 7 Com X Form X Business Tax Receipt ® City X Business Tax Receipt —County X Corporate Documents X Execute /ProposeMulti-Year Commercial Lease Agreement X Resume or qualifications of all owners X [describing experience & track record] Two [21 years of Corporate Tax Returns [existing businesses] X Two [2] years of Personal Tax Returns [new businesses] Jobs to be Created [new business] ® Job Descriptions Pay Range X eWeekly Schedule Jobs Established [existing business] ® Job Descriptions ® Pay Range X eWeekly Schedule Page 178 of 808 Page 179 of 808 Virgin Islands Coffee Roasters, LLC Z New Business 11 Existing Business 9 Rent Reimbursement 0 Build Out Request Business Name 1420 Neptune Dr., Bay # 0, Boynton Beach, FL 33426 0~1 t cathy@vicoffeeroasters.com Email Phone# Cell# NNINESSIMMEMEMM DOCUMENTATION YES Complete & signed application X 1 W9 Form X 2 Business Tax Receipt ® City X 3 Business Tax Receipt ® County X 4 Corporate Documents X 5 Execute /Proposed Multi -Year X Commercial Lease Agreement 6 Resume or qualifications of all owners X (describing experience & track record] 7 Two [2] years of Corporate Tax Returns [existing businesses] X 7 Two [2] years of Personal Tax X Returns [new businesses] 8 Jobs to be Created [new business] • Job Descriptions • Pay Range X •Weekly Schedule 8 Jobs Established [existing business] • Job Descriptions • Pay Range X •Weekly Schedule Page 180 of 808 fff� Page 181 of 808 6.H. CONSENTAGENDA 2/20/2018 REQUESTED ACTION BY COMMISSION: Authorize utilizing the City of Miami's contract #291272(17) extension with Expert Diesel of Fort Lauderdale, FL with an estimated annual expenditure of $35,000 for repairs to autocar trucks and engines. The City of Miami's procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: Extension Time Period: November 18, 2017 - March 17, 2018 Expert Diesel provides warranty repairs to autocar trucks and cumming engines for Cummings OEM parts. We are requesting an extension on the blanket effective through March 17, 2018, piggybacking the City of Miami Contract, 291272(17). Expert Diesel is our current vendor and we are satisfied with their work and their expedient service which is imperative to the Fleet Division. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fleet Maintenance division will use this contract to provide service support to equipment for City departments such as Solid Waste, Fire Rescue, Utilities and Police. FISCAL IMPACT: Budgeted Estimated Fleet Maintenance annual expenditure is $35,000. Previous years' expenditures: FY 16/17 $16,631 FY 15/16 $11,036 ALTERNATIVES: Utilize the use of confirming purchase orders for repairs. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 182 of 808 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Expert Diesel START DATE: 11/18/2012 END DATE: 3/17/2018 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: N/A ATTACHMENTS: Type D AddE)indUlirn D AddE)indUlirn D AddE)indUlirn Description EXPE)irtDiE)SE�fl Cointract EAENI'lSioin IExip 03...17 18 EXPE)irt DiE)SEfl A rTIE) ind rTIE) 111 t EXPE)irtDiE)SE�fl Oir'lig�iii'iallAw,,..,.iir'dE,dIC:: id 201272(17) Page 183 of 808 Titt"T af a,1111 - C 0 N T R A C T A W A R D T'rocurement Dqartment 120 DAY CONTRACT EXTENSION I FB NO: 291272(17) DESCRIPTION: OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND EQUIPMENT TERM OF CONTRACT: TWO (2) YEARS, WITH OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE- YEAR PERIODS CONTRACT PERIOD: NOVEMBER 18, 2012 THROUGH NOVEMBER 17, 2014 FIRST RENEWAL: NOVEMBER 18, 2014 THROUGH NOVEMBER 17, 2015 SECOND RENEWAL: NOVEMBER 18, 2015 THROUGH NOVEMBER 17, 2016 THIRD & FINAL RENEWAL: NOVEMBER 18, 2016 THROUGH NOVEMBER 17, 2017 120 DAY EXTENSION: NOVEMBER 18, 2017 THROUGH MARCH 17, 2418 COMMODITY CODE: 06069-00; 06071-00 SECTION #1 —VENDOR AWARD Autonati©n USA of Perrine, Inc. d/b/a Autonation Nissan Kendall 17305 South Dixie Highway Perrine, FL 33315 Contact: Walter Salvatierra / Alex Delval Phone: (305) 259-2640 Email: delvalaAautonation.com AN Imports on Westin Road, Inc. d/b/a Autonation Toyota Scion Weston 4050 Weston Road Davie, FL 33331 Contact: Steve Notley / Morris Lischner Phone: (954) 659-1800 Fax: (954) 659-1853 Email: lischnerm@autonation.com Joe Blair Garden Supply, Inc. 320 NE 79th Street Miami, FL 33138 Contact: David Sheaf Phone: (305) 757-5554 Fax.- (305) 757-5554 Email: dave0ioeblairlawnmower.com Reliable Transmission Service, Inc. 6613 78th Street South Riverview, FL 33578 Contact: Rebecca Mann Phone: (813) 677-8883 Fax: (813) 677-2800 Email: rebeccarrigrtsallison.com Gus Machado Ford, Inc. 1200 W 491h Street Hialeah, FL 33012 Contact: Scott Kaplan Phone: (305)822-3211 Fax: (305) 819-5427 Email: skaplanCa�machadoford.corn West Kendall Toyota 13800 SW 13711 Avenue Miami, FL 33186 Contact: Danny Nieves Phone: (305) 218-5617 Email: daDryftkeqda oyotacom ja_ _ Bull Motors, LLC d/b/a Autonation Ford of Miami 16800 NW 571h Avenue Miami, FL 33015 Contact: Jose Lopez / Hector Suarez Phone: (305) 557-6500/(305) 557-5580 Fax: (305) 5574310 Email: suarezvOautonation.com Pembroke Motors, Inc. d,/b/a Autonation Chrysler Dodge Jeep Ram Pembroke Pines 13601 Pines Boulevard Pembroke Pines, FL 33027 Contact: Robert WInfree / Radames Rosario Phone: (305) 970-10913/(954) 441-2052 Fax: (954) 441-2093 Email: rasario 1 ((� auto nation.co m Abraham Chevrolet -Miami, IInc. d/b/a Autonation Chevrolet Coral Gables 4181 SW 81h Street Miami, FL 33134 Contact: Juan Alernan /Juan Huerta Phone: (786) 402-4586 Fax: (305) 448-2670 Email: huerta'@autonation.com K.V.P. Enterprises, Inc. d/b/a Expert Diesel 4700 Oakes Road Davie, FL 33314 Contact: Melissa Cruz Phone: (954) 583-2400 Fax: (954) 583-2085 Email: mc.cumminsexpert.com Ford Midway Mail, Inc. 8155 West Flagler Street Miami, FL 33144 Contact: Jorge Garbalosa Phone: (305) 798-9068 Emall: igarbalosa(o)midwayfordmiami.com Peterson's Harley Davidson 19400 NW 2nd Avenue Miami, FL 33169 Contact: Christy Henriquez Phone: (305) 651-4811 Email: christvh(o-)miamiharley.com Page 184 of 808 Metro Ford, Inc, 9000 NW 71h Avenue Miami, FL 33150 Contact: Randy Barnwell Phone: (305) 751-9711 Fax: (786) 472-7036 Email:ygursqrv_iceCdmetroford.corn Battery Sales USA, Inc. 1500 NW 201h Street Miami, FL 33142 Contact: Fernando Alvarez Phone: (305) 891-8355 Fax: (305) 891-2062 Email: sales(o�batterysales.com *Petersen Industries, Inc, 4000 State Road 60 VV Lake Wales, FL 33859 Contact: Samuel Petersen Office: (863) 676-1493 x256 Cell: (863) 287-1673 Fax: (863) 676-6844 Email: sDetersena�iDetersenincl.com *Note: No insurance is required, only pails will be ordered from this vendor SECTION #2 — AWARD/BACKGROUND IN FORMATIO N/APPILI CABLE ORDINANCESINOTES CC AWARD, DATE: OCTOBER 25, 2012 AMENDED AMOUNT: N/A RESOLUTION NO: 12-0403 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: N/A APPLICABLE ORDINANCES: N/A Notes: As per Section 1,10(E) Award of Contract; The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. Contract has been extened through March 17, 2018. IFB No. 291272 will be terminated immediately once the new contract is awarded. [SECTION #3 - REQUESTING DEPARTMENT CITY OF MIAMI, DEPARTMENT OF GSA Contract Administrator: John Babes Phone: (305) 329-4874 Fax: (305) 329-4875 SECTION #4 - PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PROCUREMENT Buyer: Eduardo Falcon Phone: (305) 416-1901 Fax: (305) 400-5390 Prepared By: Aimee Gandarilla, 10/12/17 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: www.miamiQov.com/procurement Initial: Page 185 of 808 0 Ricardo Falero, Director Department of General Services Administration Kenneth Robertson, Director Department of Purchasing MEMORA, N4D'" kM February 20, 2013 FILE OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment Bid No. 291272(17) Amendment No. 1 Effective January 30, 2013, the Department of Purchasing is exercising the right to use Section 2.21, Additions/Deletions of Facilities/Items/Dealerships, of the contract for OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment. Consequently, additional dealerships are hereby added to this contract, and the names of five (5) dealerships have been changed as follows: Dealerships added: • Ford Midway Mall, Inc. • West Kendall Toyota • Peterson's Harley Davidson Dealerships name changed to: • AN Imports on Weston Road, Inc. d/b/a Autonation Toyota Scion Weston • Bull Motors, LLC d/b/a Autonation Ford of Miami • Pembroke Motors, Inc. d/b/a Autonation Chrysler Dodge Jeep Ram Pembroke Pines • Abraham Chevrolet -Miami, Inc. d/b/a Autonation Chevrolet Coral Gables • Autonation USA of Perrine, Inc. d/b/a Autonation Nissan Kendall For future reference, please attach this amendment to said contract. When in need of any of the applicable supplies and/or services, please refer to the contract to identify the vendor name, description and respective unit price. Should any using department experience any difficulties with the contractor, please document the matter and immediately advise Terry Byrnes, CPPB, Procurement Supervisor, at (305) 416-1917 for assistance. Copy: Bid file Page 186 of 808 t f 't I a T'.101 �,. (...... C ., AMENDMENT NO. 1 BID NO: 291272(17) DESCRIPTION: OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND EQUIPMENT TERM OF CONTRACT: TWO (2) YEARS, WITH OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS CONTRACT PERIOD: NOVEMBER 18, 2012 THROUGH NOVEMBER 17, 2014 COMMODITY CODE: 06069-00; 06071-00 SECTION #1 —VENDOR AWARD Autonation USA of Perrine, Inc. d/b/a Autonation Nissan Kendall 17305 South Dixie Highway Perrine, FL 33315 Contact: Mr. Walter Salvatierra/Mr. Alex Delval Phone: (305) 259-2640 Fax: N/A E-mail Address: delvala("7a.autonation.com AN Imports on Westin Road, Inc. d/b/a Autonation Toyota Scion Weston 4050 Weston Road Davie, FL 33331 Contact: Mr. Steve Notley/Mr. Morris Lischner Phone: (954) 659-1800 Fax: (954) 659-1853 E-mail Address: lischnerm&autonation.com Joe Blair Garden Supply, Inc. 320 NE 79th Street Miami, FL 33138 Contact: Mr. David Shoaf Phone: (305) 757-5554 Fax: (305) 757-5554 E-mail Address: dave&joeblair lawn mower. corn Reliable Transmission Service, Inc. 6613 78th Street South Riverview, FL 33578 Contact: Ms. Rebecca Mann Phone: (813) 677-8883 Fax: (813) 677-2800 E-mail Address: rebeccam&rtsallison.com Bull Motors, LLC d/b/a Autonation Ford of Miami 16800 NW 57th Avenue Miami, FL 33015 Contact: Mr. Jose Lopez/Mr. Hector Suarez Phone: (305) 557-6500/(305) 557-5580 Fax: (305) 557-4310 E-mail Address: suarezv(ta7autonation.com Pembroke Motors, Inc. d/b/a Autonation Chrysler Dodge Jeep Ram Pembroke Pines 13601 Pines Boulevard Pembroke Pines, FL 33027 Contact: Mr. Robert Winfree/Ms. Radames Rosario Phone: (305) 970-1093/(954) 441-2052 Fax: (954) 441-2093 E-mail Address: rasa rio1pautonation.corn Abraham Chevrolet -Miami, Inc. d/b/a Autonation Chevrolet Coral Gables 4181 SW 8th Street Miami, FL 33134 Contact: Mr. Juan Aleman/Mr. Juan Huerta Phone: (786) 402-4586 Fax: (305) 448-2670 E-mail Address: huertailpautonation.com K.V.P. Enterprises, Inc. d/b/a Expert Diesel 4700 Oakes Road Davie, FL 33314 Contact: Ms. Melissa Cruz Phone: (954) 583-2400 Fax: (954) 583-2085 E-mail Address: mc(a7cumminsexpert.com Page 187 of 808 Gus Machado Ford, Inc. 1200 W 491h Street Hialeah, FL 33012 Contact: Mr. Scott Kaplan Phone: (305) 822-3211 Fax: (305) 819-5427 E-mail Address: skaplan("7a.machadoford.com West Kendall Toyota 13800 SW 137th Avenue Miami, FL 33186 Contact: Mr. Danny Nieves Phone: (305) 218-5617 Fax: N/A E-mail Address: danny&kendalltoyota.com Ford Midway Mall, Inc. 8155 West Flagler Street Miami, FL 33144 Contact: Mr. Jorge Garbalosa Phone: (305) 798-9068 Fax: N/A E-mail Address: igarbalosa(a7midwayfordmiami.com Peterson's Harley Davidson 19400 NW 2"d Avenue Miami, FL 33169 Contact: Mr. Ace Armstrong Phone: (305) 542-9287 Fax: N/A E-mail Address: ace&miamiharley.com SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CC AWARD DATE: OCTOBER 25, 2012 AMENDED AMOUNT: N/A RESOLUTION NO: 12-0403 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: N/A Note: Funds allocated from the various funding sources from APPLICABLE ORDINANCES: N/A the user departments and agencies are subject to availability and budgetary approval at the time of need. Effective January 30, 2013, the Department of Purchasing is exercising the right to use Section 2.21, Additions/Deletions of Facilities/Items/Dealerships, of the contract for OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment. Consequently, additional dealerships are hereby added to this contract, and the names of five (5) dealerships have been changed as follows: Dealerships added: • Ford Midway Mall, Inc. • West Kendall Toyota • Peterson's Harley Davidson Dealerships name changed to: • AN Imports on Weston Road, Inc. d/b/a Autonation Toyota Scion Weston • Bull Motors, LLC d/b/a Autonation Ford of Miami • Pembroke Motors, Inc. d/b/a Autonation Chrysler Dodge Jeep Ram Pembroke Pines • Abraham Chevrolet -Miami, Inc. d/b/a Autonation Chevrolet Coral Gables • Autonation USA of Perrine, Inc. d/b/a Autonation Nissan Kendall SECTION #3 - REQUESTING DEPARTMENT DEPARTMENT OF GENERAL SERVICES ADMINISTRATION Contract Administrator: John Babos Phone: (305) 329-4874 Fax: (305) 329-4875 SECTION #4 - PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PURCHASING Sr. Buyer: Terry Byrnes, CPPB Phone: (305) 416-1917 Fax: (305) 416-1925 Prepared By: Max Sagesse, 2/20/2013 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: www.miamigov.com/procurement Page 188 of 808 m O m 0 m m ¢ 2 n 0- > > > > > 4 2 > > > > > > � , | y y y y y 2 z z z z z z z z z z z z !�! , )\]))2 2 > > > > > > > > > > > > } y y y y y y \\§ ` - §))| 2 > > > > > > , , .. Z > > > , , > > \� y y } / y y y y i 22 % /] ] > z , > > > > o{) ƒ\ o\ o/*)` ƒ\)ifE\\ _ _ ! ]!(!! 2§.A{ _! !�! !.9A );l;. m O m 0 m m ¢ 2 n 0- m O m 0 O m ¢ 2 n 0- )� > > > > > > > � \./ ; ® § § > > z § !;!! � z !�! > z . > > z § § _ ( z\))})§ > z § § \\§ ` - §4tt ; > > , , > > > > - .. }) >1> > > > > > > > \k > > > > > > z § ! \/ > >z > z > � § \ !|)! !!\ !//\ i|$ !|! !|{ !f§ ] .9- � � 2. �- .�:I* �o �-o )-o --o )k!k` 2|!" ! -_7..a!!i :]!!! !!!� !]!!! §,!! !]!!! §\!! §]!2! |_||| |!;! !_;|| !!;! !_;|| !!;! !_;||_!!|!!$ );!!!.2 m O m 0 O m ¢ 2 n 0- g I J.. ]#2 11 \ \.! , !]\) n !a IF n 11 11 )) !§!§! }\ jo o ( ))§ §§§§§§§§§§§ ( ! . r ! !o - _ !!■:| ■ !7!!!!!!e■; m O m 0 k ¢ 2 n 0- ) n§nn§ )2 ) § ® \/\\k J.. ]#2 11 \ \.! , !]\) n !a IF n 11 11 )) !§!§! }\ jo o ( ))§ §§§§§§§§§§§ ( ! . r ! !o - _ !!■:| ■ !7!!!!!!e■; m O m 0 k ¢ 2 n 0- CJ1'``i1 OF MAW } LOQ ,,II,PA Ricardo Falero, Director Department of General Services Administration Kenneth Robertson, Director Department of Purchasing June 6, 2013 FIL OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment Bid No. 291272(17) Amendment No. 2 Effective June 10, 2013, the Department of Purchasing is exercising the right to use Section 2.21, Additions/Deletions of Facilities/Items/Dealerships, of the contract for OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment. Consequently, an additional dealership is hereby added to this contract as follows: • Metro Ford, Inc. For future reference, please attach this amendment to said contract. When in need of any of the applicable supplies and/or services, please refer to the contract to identify the vendor name, description and respective unit price. Should any using department experience any difficulties with the contractor, please document the matter and immediately advise Terry Byrnes, CPPB, Procurement Supervisor, at (305) 416-1917 for assistance. Copy: Bid file Page 192 of 808 t f 't I a T'.101 �,. (...... C ., 114 AMENDMENT NO. 2 BID NO: 291272(17) DESCRIPTION: OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND EQUIPMENT TERM OF CONTRACT: TWO (2) YEARS, WITH OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS CONTRACT PERIOD: NOVEMBER 18, 2012 THROUGH NOVEMBER 17, 2014 COMMODITY CODE: 06069-00; 06071-00 SECTION #1 —VENDOR AWARD Autonation USA of Perrine, Inc. d/b/a Autonation Nissan Kendall 17305 South Dixie Highway Perrine, FL 33315 Contact: Mr. Walter Salvatierra/Mr. Alex Delval Phone: (305) 259-2640 Fax: N/A E-mail Address: delvala(c autonation.com AN Imports on Westin Road, Inc. d/b/a Autonation Toyota Scion Weston 4050 Weston Road Davie, FL 33331 Contact: Mr. Steve Notley/Mr. Morris Lischner Phone: (954) 659-1800 Fax: (954) 659-1853 E-mail Address: lischnerm(a7autonation.com Joe Blair Garden Supply, Inc. 320 NE 79th Street Miami, FL 33138 Contact: Mr. David Shoaf Phone: (305) 757-5554 Fax: (305) 757-5554 E-mail Address: dave(a7ioeblairlawnmower. corn Reliable Transmission Service, Inc. 6613 78th Street South Riverview, FL 33578 Contact: Ms. Rebecca Mann Phone: (813) 677-8883 Fax: (813) 677-2800 E-mail Address: rebeccarn rtsallison.com Bull Motors, LLC d/b/a Autonation Ford of Miami 16800 NW 57th Avenue Miami, FL 33015 Contact: Mr. Jose Lopez/Mr. Hector Suarez Phone: (305) 557-6500/(305) 557-5580 Fax: (305) 557-4310 E-mail Address: suarezv&autonation.corn Pembroke Motors, Inc. d/b/a Autonation Chrysler Dodge Jeep Ram Pembroke Pines 13601 Pines Boulevard Pembroke Pines, FL 33027 Contact: Mr. Robert Winfree/Ms. Radames Rosario Phone: (305) 970-1093/(954) 441-2052 Fax: (954) 441-2093 E-mail Address: rasariol("7a autonation.com Abraham Chevrolet -Miami, Inc. d/b/a Autonation Chevrolet Coral Gables 4181 SW 8th Street Miami, FL 33134 Contact: Mr. Juan Aleman/Mr. Juan Huerta Phone: (786) 402-4586 Fax: (305) 448-2670 E-mail Address: huertai(a)autonation.com K.V.P. Enterprises, Inc. d/b/a Expert Diesel 4700 Oakes Road Davie, FL 33314 Contact: Ms. Melissa Cruz Phone: (954) 583-2400 Fax: (954) 583-2085 E-mail Address: mcC7a cumminsexgert.com Page 193 of 808 Gus Machado Ford, Inc. 1200 W 491h Street Hialeah, FL 33012 Contact: Mr. Scott Kaplan Phone: (305) 822-3211 Fax: (305) 819-5427 E-mail Address: skaplan("7a.machadoford.com West Kendall Toyota 13800 SW 137th Avenue Miami, FL 33186 Contact: Mr. Danny Nieves Phone: (305) 218-5617 Fax: N/A E-mail Address: danny&kendalltoyota.com Metro Ford Inc. 9000 NW 7th Avenue Miami, FL 33150 Contact: Mr. Randy Barnwell Phone: (305) 751-9711 Fax: (786) 472-7036 E-mail Address: you rservice("7a.metroford.com Ford Midway Mall, Inc. 8155 West Flagler Street Miami, FL 33144 Contact: Mr. Jorge Garbalosa Phone: (305) 798-9068 Fax: N/A E-mail Address: igarbalosa(a7midwayfordmiami.com Peterson's Harley Davidson 19400 NW 2"d Avenue Miami, FL 33169 Contact: Mr. Ace Armstrong Phone: (305) 542-9287 Fax: N/A E-mail Address: ace&miamiharley.com SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CC AWARD DATE: OCTOBER 25, 2012 AMENDED AMOUNT: N/A RESOLUTION NO: 12-0403 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: N/A Note: Funds allocated from the various funding sources from APPLICABLE ORDINANCES: N/A the user departments and agencies are subject to availability and budgetary approval at the time of need. Effective June 10, 2013, the Department of Purchasing is exercising the right to use Section 2.21, Additions/Deletions of Facilities/Items/Dealerships, of the contract for OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment. Consequently, an additional dealership is hereby added to this contract as follows: Metro Ford, Inc. 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W c c 7 3 E m i 3 E Ln W 3 �_ Ln O i 3 E_ Lnc vVi V V V V i N V V i +O+ V V i O N D O V mN O V N N O V m N m O V m m u m a L7 N N y 3- O t6 y 3- y 3- CL t6 y m 7- V d C £ £ V d C +�+ f6 V i O +m+ £ £ V d C m d d d o s N W O u N d d W o s m d m 2 oc d N o s m N 2 oc O u N d d W o s d m O oc mo c0 d O ci N C � ci ci ci co 0 co 4- 0 N N k j j j j m O m 0 S N ¢ 2 n � uLU I a a a a B B B B > §§ § § ) _ _ _ _ k j j j j m O m 0 S N ¢ 2 n � uLU � fu LU fu LU ) / J / o J 0 / o J } / � � / \ ■ ■) f ■ ■ ■ | �f■ƒ§ wf■77 wf■ƒ] �f�};2j;2� / / \ k / / \ k § / \ k / / \ / j / c m \ m ] 2 s U ] § 0 m 0 2 - ) / / 0 2 - .) 7 2 0 2 - . $ \ / 0 2 J§ - ® $ _ 2 k U 2� E k k 2� k 2� E k 2 ] E w k E§ e a. 2 2� u� a. 2 2� m a. 2 2� u� a 2 2 k u§ e_;\ 2 k j j j j m O m 0 S N ¢ 2 n � 2 of LL 0 0) 2 0 z 0 V N D of z m 0 0 0 m m m g co 0 co 4- 0 ti N N m m 0 a N d N V O ci m E N ci T � m 0 Q O ai m w m m 0 a O � N CI u O J m E Nko ci N m O � Q O ai m w co z co LU 4- a O co C LL, N V) LU (1) J U T'S1 LU } U O N a a LU z O V) V z a LL 2 0 LU > z � z LU V a a m m 0 a O � N CI u O J m E Nko ci N m O � Q O ai m w (94.40t.u. ��~� �� ~�� CONTRACT AWARD Procurement Dqpartnwnt BID NO: 291272(17) DESCRIPTION: OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TOCITY OFMIAMI VEHICLES AND EQUIPMENT TERM 0FCONTRACT: TWO (2)YEARS, WITH OPTION TQRENEW FOR THREE CBADDITIONAL ONE-YEAR PERIODS CONTRACT PERIOD: NOVEMBER 18.2O12THROUGH NOVEMBER 17.2O14 RENEWAL PERIOD: NOVEMBER 10,2D14THROUGH NOVEMBER 17'2O15 COMMOD|TYCODE: 06069-00; 06071-00 ISECTION #1 — VENDOR AWARD AutomatmnUSA ofPe/hme,Inc. d8b/eAutonmton Nissan Kendall 173O5South Dixie Highway Penine,Fl- 33315 Contact: Mr. VVekarGa|mdierra8Nc A|exDekm| Phone: (305)259-2640 Fax: N/A E-mail Address: delvala(@autonation.com ANImports onWestin Road, Inc. d8b/aAutonotionToyota Scion Weston 4O5OWeston Road Davie, FL33331 Contact: Mr. Steve Notley/Mr. Morris Lisuhner Phone: (Q54)85Q-180O Fax: (954) 659 -1853 E -mail Address: lischrierm@autonatio�i.com Joe Blair Garden Supply, Inc. 32ONE79mStreet Miami, FL. 33138 Contact: Mr. David Shoaf Phone: (3O5)757-5554 Fax: (3O5)757-5554 E-mail Address: day QoeblLi�la,�yn!np_Vg�L. yj Reliable Transmission Service, Inc, 6613 7811, Street South Riverview, FL33578 Contmct�K8e. Rebecca Mann Phone: (813)G77-8883 Fox: (813) 677 -2800 E -mail Address: rebeccarn a)rtsallison.corri Bull Motors, LLC d8b/aAutonationFord m[Miami 188OUNVV57mAvenue Miami, FL33O15 Contact: Mr. Jose Lopez/Mr. Hector Suarez Phone: (305)557-8500(305)557-5580 Fax: (305)557-431O E-mail Address: suarezvaautonation.corn Pembroke Motors, Inc. d8b/aAutooatonChrysler Dodge Jeep Ram Pembroke Pines 13SO1Pines Boulevard Pembroke Pines, FL33O27 Contact: Mr. Robert VVinfree/Mu.RmdameoRosario Phone: (305)070-1093/(954)441-2052 Fax: (954)441-2U&3 E-mail Address: rasariol@autonglion.com Abraham Chevrolet -Miami, Inc. d1b/a Autonation Chevrolet Coral Gables 4181 8VV8mStreet Miami, FL 33134 Contact: Mr. Juan A|eman/Nr..Juan Huerta Phone: (780)4O2 -458G Fou: (305) 448 -2670 E -mail Address: huertai@_�lqtqnqtioii.com K��P.Enterprises, Inc. d&z/aExpert Diesel 47O0Oakes Road Davie, FL33314 Contact: Mo. Melissa Cruz Phone: (054)583-24O0 Fax: (954) 583-2085 Page I of 3 Page 219 of 808 Gus Machado Ford, Inc. 12OOVV49Street Hialeah, FL33U12 Contact: Mr. Scott Kaplan Phone: (305) 822-3211 Fax: (305) 819-5427 E-mail Address: West Kendall Toyota 138038VV137Avenue Miami, FL33188 Contact: Mr. Danny Nieves Phone: (3O5)218 -5O17 Fax: N/A E-mail Address: Metro Ford Inc. SOOONVV7Avenue Miami, FL3315O Contact: Mr. Randy Barnwell Phone: (305) 751-9711 Fax: (786) 4727036 E-mail Address: you rservice(d),rnetroford.com Ford Midway Mail, Inc. 8155 West Flagkar8tree Miami, FL33144 Contact Mr. Jorge Garbolooa Phone: (305) 798-9068 Fax: N/A E-mail Address: igarbalosa_pmidwayfordmiami.com Peterson's Harley Davidson 1S4OUNVV2Avenue Miami, FL3310S Contact: Mr. Ace Armstrong Phone: (3O5)542 -Q287 Fax: N64 E-mail Address: ace(a-)miamiharley.com Battery Sales USA, Inc. 15OONVV2OStreet Miami, FL33142 Contact: Mr. Fernando Alvarez Phone: (3O5)891-8355 Fax: (305) 891-2062 E-mail Address: sales(E�batterysales.com CCAWARD DATE: OCTOBER 25.2O12 AMENDED AMOUNT: N64 RESOLUTION NO: 12-0403 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: N/A APPLICABLE ORDINANCES: N/A Note: Funds allocated from the various funding sources from the user departments and agencies are subject to availability and budgetary approval atthe time v[need. Effective June 23, 2015, the Department of Procurement is exercising the right to use Section 2.21, Additions/Deletions of Facilities/items/Dealerships, of the contract for OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment. Consequently, an additional dealership and its items are hereby added to this contract as follows: Dealership: ° Battery Sales USA, Inc. Line items: ° Battery Universal Part w34; Typically Used on: Chevy Impala, Chevy Truck 1500 $47.81/Each ° Battery Universal Part #7B;Typically Used on: Chevy Impala, Chevy Truck 15VU.x50o.o50n $52.46/eauh ° Battery Universal Part # 65; Typically Used on: Crown Victoria, E and F — Series Trucks and Vans 05 -15 $54.81/sacx ° Battery Universal Part # 21;Typically Used on: Toro Lawnmower, Briggs Generator $48.66/Each " Battery Universal Part #s1;Typically Used on: SmimcnSmall Equipment $43.41/Earx ° Battery Universal Part # 27; Typically Used on: F800 (Year 1993) E250, Clark Fork Lift, Toyota Fork Lift $52.31/Eauh ° Battery Universal Part #27DCMNon-Spill Gel; Typically Used on: Marine Boats $19975/Eacx ° Battery Universal Part #4ox;Typically Used on: Fiat Loader $95.52/Eanh ° Battery Universal Part #se;Typically Used on: Ranger 08-13 $6$.84/Eeoh ° Battery Universal Part # 98R;Typically Used on: Fusion, Focus, Escape and Transit Van $81.65/Each ° Battery Universal Part #usR;Typically Used on: Dodge Neon $48.66/Eamx ° Battery Universal Part # 31;Typically Used on: DnmnGenerator $71.00Each ° Battery Universal Part #GCo;Typically Used on: KuatomSignal, Golf Car $84.24/Each ° Battery Universal Part #8DA;Typically Used on: John Deere Loaders, All $131.43/Eaoh ° Battery Universal Part #27F;Typically Used on: GMC Top Kick Trucks $63.41/Each ° Battery Universal Part # S46B24R;Typically Used on: Toyota p,ium $126.66/Each , Battery Universal Part #xs;Typically Used on: Toyota Corolla OB -1s $45.73/eeuh ° Battery Universal Part # 4n;Typically Used on: GMC Savana12-10 $70.46/each ° Battery Universal Part #o4;Typically Used on: Floor Scrubber $54.18/Each ~ Battery Universal Part # 31; All Dump Trucks, Sweepers, Cranes, Vectors, Loaders, and Tower Lights $71.08/Each ° Battery Universal Part #a4Non-Spill Gel; Typically Used on: Army Vehicles, Boats $119.86/Each ° Battery Universal Part #rs;Typically Used on: Chevy Blazer and Chevy Vans $52o9/sacx ° Battery Universal Part #uoL'BS;Typically Used on: ATV and Motor Cycles $4ea2/Eauo Page 2 of 3 Page 220 of 808 SECTION #3 - REQUESTING DEPARTMENT DEPARTMENT OFGENERAL SERVICES ADMINISTRATION Contract Administrator: John Babom Phone: (3O5)32Q-4874 Fax: (3O5)32Q-4875 SECTION #4 - PROCURING AGENCY CITY OFMIAMI, DEPARTMENT OFPROCUREMENT Sr. Buyer Eduardo Falcon Phone: (305)416-1901 Fax: (305) 400-5390 Prepared By: Max Sagesae.O/24/2O15 CONTAINED HEREIN !BAVAILABLE |wTHE |SUppuERINFORMATION SECTION OFOUR VvEBPAGsAT: Page 3 of 3 Page 221 of 808 0 Y V 0 !0 v a, P, 00 m m m m V u z z z O z 0 4A 0 0 m m m m �• m F T Z Z Z Z 4A 0 0 Z Z 0 0 Z 1 N 4A 4A co co l— O N N N N Y V !0 m O1 V 0 0 z z ) a u z m F O N 0 u O z o a o a o x p x p x a a 0010 •, m o a010 a �� a 0°10 c m J L O _;�0 J U N Op N U O1 O U C O1 _ Y V W CL +d+ ++ L t N U 7 i• O1 m U T O a N U L O F U O O N U O N O> `i O_. •i O O Y 'i H 7 M a m ali a m CL a v U m a a o W ar N coli o LL r r o LL r o LL a_ o LL a, c 2 v O d 2 O1 O d L 2 L O1 X ua v" 's Q X u 's v" 's a m X u m o m C C C C LL F LL U LCL LL F> U> i LL F C C Ln m el O LL LL 4 U M N c -I N M V Ln m NM Yt Yt Yt Yt Yt >. O O p m L N N W 0 i \ 0 In v \ \ W LL 00 l0 CC m O m 0 q N N ¢ 2 n � § C / § M _ k 1=t 2 E < m 46 z ) _ _ E j % �— > $ 2 2 \ � 0 § E §f = co co § a > 2 2 2 k ) { \ I �\ ) _ _ _ ) 3 � > � « / _ - m ) � /au \ \ ) 2 { 5§ E 3 $ 2 _ �� R § f [ / f�—{ §/ / m m 0 fLEg0 �] CL go • _@ �-0 \ LL0( /�rM $ f _ > o o o kE- E 2 u) k § � 3 I § u ) Co ) / m O m 0 q N N ¢ 2 n � 1 m 2 2 R R 2 m O 2 0 'IT N N ¢ 2 n � } § C / § k 1=k m § ) E , « 2 ] / z ) { _ E k 2 § E 2 > , � 2 § ) E 3 § a > \ T ) { a \ I / 7 \ / � ) 3 $ � 1 m 2 2 R R 2 m O 2 0 'IT N N ¢ 2 n � } # / m � k E z E 3 \ a / 7 Lu LU LU LU LU �o 2 ) m §] k$ § k kIj § k k §] k k § m k c� c C g CL c§ LU CL a c§ wc c§ k§�I kk) kk)§ k§ k§ $ § §) \ § ) 2) § ) 2 d § § M § § M \ e e A e S = ° S = ° S = ° S = ° S = ° - L - L L - § \I L 2 0/ ] 2 0/ 7 k 2 0/] 2 0 7 k / 2 E@= I E@ c w= I C E@ o _ $ o §2E § _ (u @) § _ $ o §2E § _ � § _ $ o §2E m J, a I m e a m e a m@) m e a m e a z / ( \ A S Q ) g C\ gy m/ { ^ ^ ^ ^ 7 & \ \ B zƒƒ\ }/»»� m z m z m z m z t w m z m z 0 rq N m z t w L � L V V1 i V N i 0 �gu° N foag L C L H _ O X m U X m a 3 O r O ;° ;9 3 0 N N 0 N !0 V E y a d 0£ y -a JT pipp i j E c O pappp ro i i E mi Op a m 4 N Op a m C `8 u Ln c� ci J Yt Yt m z m z 0 N m z t w co co 4-- 0 LO N N N d V d L O � •O. a m 3 O. 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Q al 0 W '� 11), 11), n Ln ? i/11), �T to LL ~ Q z m 0 C a z LU V F -- a a LU LU Q t t t t t t t t W f0 W f0 W f0 W f0 W f0 W f0 f0 W W f0 W 0 0 Fn W Z p f0 C fu Q C fu U/ O N Z M fn H m > ZY N m U 3 m n m O� f0 o to � f0 > 0 xt v 0 u t o u u 2 u o t o u t a- u-0 u> w o t u z +• f0 D a> f0 a m (!j a m L.L a f0 O C a fu m CO f0 u a s f0 Q a - oo 0 .. o 0 .. o 0 0 0 3 .. o— v c c v v v Lnv V m •Q t > a) > > > .>_ n a) c o c J > > v O y a v a>>> i2 Ln -a> cL > v E>> CJ al m Y W a) V O Y O_ a) V Y O_ a) V -0 Y O_ i a) }0+ Y E V Y a) Q a) V_ i Y— Y O_ -O Y O_ 0 m C fn to O m >. O co H u m >. N co H ci m >. V CO H to f0 f0 co D > ea m a C m >. C J CO to O CO H f0 f0 >. co H Ln fn ci a O al l0 Il (b Ol O N a N N N C ci ci ci ci N N N N U fY J Yt Yt Yt Yt Yt Yt Yt Yt �, vi N fY] E N m 0 ci ci al > O O fu fY] N N w 0_ O O U/ \ \ w BID NO: 291272(17) DESCRIPTION: OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND EQUIPMENT TERM OF CONTRACT: TWO (2) YEARS, WITH OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS CONTRACT PERIOD: NOVEMBER 18, 2012 THROUGH NOVEMBER 17,2014 FIRST RENEWAL: NOVEMBER 18, 2014 THROUGH NOVEMBER 17, 2015 SECOND RENEWAL: NOVEMBER 18, 2015 THROUGH NOVEMBER 17, 2016 COMMODITY CODE: 06069-00; 06071-00 SECTION #1 — VENDOR AWARD Autonation USA of Perrine, Inc. d/b/a Autonation Nissan Kendall „ ' Bull.'Motors, LLC d/b/a Autonation Ford of Miami 17305 South Dixie Highway 16800,'+/1/ ,7th Avenue Perrine, FL 33315 Miami, FL 33015 Contact: Mr. Walter Salvatierra/Mr. AlexIDOlval °' Contact:, Mr 'Jose ,Lopez/Mr. Hector Suarez Phone: (305) 259-2640 "Phone: (305,) 557=6500/(305) 557-5580 Fax: N/A Fax: (305) 5574310 . E-mail Address: delvala autonationcom E-mail Address: suarezv(@autonation.com AN Imports on Westin Road, I96.016/a Autonation Toyota z' a Pembroke Motors, Inc. d/b/a Autonation Chrysler Dodge Scion Weston Jeep Ram Pembroke Fines 4050 Weston Road 15601 Pines Boulevard - Davie, FL 33331 Pembroke Pines, FL 33027 Contact: Mr. Steve Notley/Mr. Morris Lischner Contact:- Mr. Robert Winfree/Ms. Radames Rosario Phone: (954) 659-1800 Phone: (305) 970-1093/(954) 441-2052 Fax: (954) 659-1853Fax: (;954) 441-2093 ' E-mail Address: lischnermautonatimcom (a7 E-mail Address: na autonation.com Abraham Chevrolet-Miami, Inc. d/b/a Autonation Chevrolet Joe Blair Garden Supply, Inc. Coral Gables 320 NE 79th Street 4181 SW 8th Street Miami, FL 33138 ,Miami, FL 33134 Contact: Mr. David ShoafContact:%Mr. JuanAleman/Mr. Juan Huerta Phone: (305) 757-5554 Phone: (786),40274586 Fax: (305) 757-5554 Fax: (305) 448-2670 E-mail Address: daveC@j oeblairlawnmower.com E-mail Address: huerta(a autonation.com Reliable Transmission Service, Inc. i "K.V.P. Enterprises, Inc. d/b/a Expert Diesel 6613 78th Street 4700 Oakes Road South Riverview, FL 33578 - Davie, FL 33314 Contact: Ms. Rebecca Mann Contact: Ms. Melissa Cruz Phone: (813) 677-8883 Phone: (954) 583-2400 Fax: (813) 677-2800 Fax: (954) 583-2085 E-mail Address: rebeccam@rtsallison.com E-mail Address: me :cumminsexpert.com Gus Machado Ford, Inc. Ford Midway Mall, Inc. 1200 W 49th Street 8155 West Flagler Street Hialeah, FL 33012 Miami, FL 33144 Contact: Mr. Scott Kaplan Contact: Mr. Jorge Garbalosa Phone: (305) 822-3211 Phone: (305) 798-9068 Fax: (305) 819-5427 Fax: N/A E-mail Address: skaplan(a)machadoford.com E-mail Address: igarbalosa(d-)mldwayfordmiami.com West Kendall Toyota Peterson's Harley Davidson 13800 SW 137th Avenue 19400 NW 2nd Avenue Miami, FL 33186 Miami, FL 33169 Contact: Mr. Danny Nieves Contact: Mr. Ace Armstrong Phone: (305) 218-5617 Phone: (305) 542-9287 Page 247 of 808 E-mail Address: dannyaa kendalitoyota.com E-mail Address: ace .miamiharley,com Metro Ford, Inc. 9000 NW 7th Avenue Miami, FL 33150 Contact: Mr. Randy Barnwell Phone: (305) 751-9711 Fax: (786)472-7036 E-mail Address: Vourservice(a)metroford.com SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CC AWARD DATE: OCTOBER 25, 2012 AMENDED AMOUNT: N/A RESOLUTION NO: 12-0403 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: N/A Funds allocated from the various funding sources from APPLICABLE ORDINANCES: N/A the user departments and agencies are subject to availability and budgetary approval at the time of need. Notes: Effective immediately, the Procurement Department has approved the right to use Section 2.21, Additions/Deletions of Facilities/Items/Dealerships, therefore the below item has been added to this contract: • Battery Universal Part# 36R typically used on: Ford Taurus - $72.48 SECTION #3 - REQUESTING DEPARTMENT DEPARTMENT OF GENERAL SERVICES ADMINISTRATION Contract Administrator: John Babos Phone: (305) 329-4874 Fax: (305) 329-4875 SECTION #4 - PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PURCHASING Buyer: Eduardo Falcon Phone: (305) 416-1901 Fax: (305)400-5390 Prepared By: Aimee Gandarilla, 1/13/16 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: www.miamigov.com/procurement Page 248 of 808 L. 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L ~ m O LL m O C N m O C L m c m O L m O L C: m O L0 m O -(b L m O L O .N > Q v - di �' � Qi > Q) ai Q: v J v C (D Om 'C C : C p `C p a p L C p C c( C m D = ro p a p �, D >, m D >, p ), o p A L p> V p T r0 �' i0 �' v �' m �' m j Y N U d) U N U 0- N U N U N � N U_ N m U m Q T N .Q ? N N a O m T O m i m Z m F-' 00 I-- vOj CO I-' 111 co I- co F- l7 CD f- C,7 00 I- J m F- F - Page 272 of 808 z w a w N LU J _U w U O I- C �-IIS, co -4i�-I NO N N N N m m CL O N u Lnn H C N M T O O m N N W O O N N \ \ W F- W �O Page 273 of 808 Q N LPI N LO � � � W N V" N N � W O Ol O l'00 e�-I dam' NCN O N m H I-'�' l0 N. � O �-1 N Ol N N re m ~ W W z m a 0 Q a z w a a wJ u u u u u u u u u w w w w w 7� w w w w O LL co (UT z i c ..0 .O N a m c E O a m i o U m oo m V u -j U °� 3 Z rF c cNa iri m o� �: M d 0 N V) M M O n N c M N t p t cL t O t N C t t t O i O m a> a~ a C7 " 6 v m vv U F a s LL nm n� T nm a nm e nm ♦vf M m n i u O M L O m i O m i O is 3 V i N N m s- U m �. O c m i O m =- O p > T a > v 'c > v > v > m > o .y v v m C v p Z T C: ZD T cZ) : T c U O D 2 J c F m � C Z) D T c:D U 'J c:D d' T L� �n. �. I-- vi i N 4J N U -F" N O� UJ c0 I. m U1 U �-i ry v U �--� co N v N fl- O' N U v N u. u N O N u f6 C m N O f6 T Ql c0. I O m T N m F- t --I to T co F- m O N b.0 m 0 J fD Q N m N @ T c c0 F- m m T ED c CL (O �. m C �-IIS, co -4i�-I NO N N N N m m CL O N u Lnn H C N M T O O m N N W O O N N \ \ W F- W �O Page 273 of 808 BID NO: 291272(17) DESCRIPTION: OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND Autonation USA of Perrine, Inc. d/b/a Autonation EQUIPMENT TERM OF CONTRACT: TWO (2) YEARS, WITH OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR - 17305 South -Dixie Highway ---- -- PERIODS CONTRACT PERIOD: NOVEMBER 18, 2012 THROUGH NOVEMBER 17, 2014 FIRST RENEWAL: NOVEMBER 18, 2014 THROUGH NOVEMBER 17, 2015 SECOND RENEWAL: NOVEMBER 18, 2015 THROUGH NOVEMBER 17, 2016 COMMODITY CODE: 06069-00; 06071-00 SECTION #1 -VENDOR AWARD Autonation USA of Perrine, Inc. d/b/a Autonation Nissan Kendall :. Bull Motors, LLC d/b/a Autonation Ford of Miami - -- - 17305 South -Dixie Highway ---- -- „ 16800 NWvenue—— Perrine, FL 33315 Miami, FL 33015; , Contact: Mr. Walter Salvatierra/Mr. Alex Delval ", Contact: Mr.'Jo's""e,Lopez/Mr. Hector Suarez Phone: (305) 259-2640 Phone: (305) 557-6500/(305) 557-5580 Fax: N/A Fax (305) 557L.431 0. Email: delvala ;autonation.com- " Email: su'arezv .autonation.com AN Imports on Westin Road, Inc. d/b/a Autonation Toyota Pembroke Motors, Inc, d/b/a Autonation Chrysler Dodge Scion Weston Jeep Ram Pembroke Pines 4050 Weston Road 13601 Pines Boulevard Davie, FL 33331 Pembroke Pines; FL 33027 Contact: Mr. Steve Notley/Mr. Morris Lischner Contact. Mr. Robert Winfree/Ms. Radames Rosario Phone: (954) 659-1800 Phone: (305) 970-1093/(954) 441-2052 Fax: (954) 659-1853 Fax: (954) 441-2093 Email: Iischnerm(a)autonation.com Email: rasario1Ca�autonation;com Abraham Chevrolet -Miami, Inc. d/b/a Autonation Chevrolet Joe Blair Garden Supply, Inc. Coral Gables 320 NE 79th Street 4181 SW 8th Street Miami, FL 33138 Miami, FL 33134- Contact: Mr. David Shoaf Contact: Mr. Juan Aleman/Mr. Juan Huerta Phone: (305) 757-5554 Phone: (786) 402-4586 Fax: (305) 757-5554 Fax: (305) 448-2670 Email: dave .loeblairlawnmower.com Email: huertajCaautonation.com Reliable Transmission Service, Inc. K.V.P. Enterprises, Inc. d/b/a Expert Diesel 6613 781h Street 4700 Oakes Road South Riverview, FL 33578 Davie, FL 33314 Contact: Ms. Rebecca Mann Contact: Ms. Melissa Cruz Phone: (813) 677-8883 Phone: (954) 583-2400 Fax: (813) 677-2800 Fax: (954) 583-2085 Email: rebeccam(?Drtsallison.com Email: me :cumminsexpert.com Gus Machado Ford, Inc. Ford Midway Mail, Inc. 1200 W 49th Street 8155 West Flagler Street Hialeah, FL 33012 Miami, FL 33144 Contact: Mr. Scott Kaplan Contact: Mr. Jorge Garbalosa Phone: (305) 822-3211 Phone: (305) 798-9068 Fax: (305)819-5427 Fax: N/A Email: skaplan .machadoford.com Email: jgarbalosaOmidwayfordmiami.com West Kendall Toyota Peterson's Harley Davidson 13800 SW 137th Avenue 19400 NW 2nd Avenue Miami, FL 33186 Miami, FL 33169 Contact: Mr. Danny Nieves Contact: Mr. Ace Armstrong Phone: (305) 218-5617 Phone: (305) 542-9287 Page 274 Of 808 Email: danny_(a).kendalltoyota.com Email: aceC@rniarniharley.com Metro Ford, Inc. 9000 NW 7th Avenue Miami, FL 33150 Contact: Mr. Randy Barnwell Phone: (305) 751-9711 Fax: (786)472-7036 Email: yourservice dmetroford.com Battery Sales USA, Inc. 1500 NW 20th Street Miami, FL 33142 Contact: Fernando Alvarez Phone: (305) 891-8355 Fax: (305)891-2062 Email: sales batterysales.com SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CC AWARD DATE: OCTOBER 25, 2012 AMENDED AMOUNT: N/A RESOLUTION NO: 12-0403 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: N/A APPLICABLE ORDINANCES: N/A Funds allocated from the various funding sources from the user departments and agencies are subject to availability and budgetary approval at the time of need. Notes: Effective immediately, the Procurement Department has approved the right to use Section 2.21, Additions/Deletions of Facilities/Items/Dealerships, therefore the item listed below has been added to this contract for Battery Sales USA, Inc.: • Conventional Type Wet Sealed Maintenance Free Battery Part No.: ACDNS60L- $68.92 + $10.00 Core Fee SECTION #3 - REQUESTING DEPARTMENT DEPARTMENT OF GENERAL SERVICES ADMINISTRATION Contract Administrator: John Babos Phone: (305) 329-4874 Fax: (305)329-4875 - SECTION #4 - PROCURING AGENCY CITY OF MIAMI, PROCUREMENT DEPARTMENT Buyer: Eduardo Falcon Phone: (305) 416-1901 Fax: (305) 400-5390 Prepared By: Aimee Gandarilla, 3/21/16 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ]SUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: www.miamigov.com/procurement Initial;--" Page 275 of 808 T'*ttl- oxf ii, 1_1!� (7�' AMENDMENT NO. 6 IFB NO: 291272(17) DESCRIPTION: OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND EQUIPMENT TERM OF CONTRACT: TWO (2) YEARS, WITH OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE- YEAR PERIODS CONTRACT PERIOD: NOVEMBER 18, 2012 THROUGH NOVEMBER 17, 2014 FIRST RENEWAL: NOVEMBER 18, 2014 THROUGH NOVEMBER 17, 2015 SECOND RENEWAL- NOVEMBER 18, 2015 THROUGH NOVEMBER 17, 2016 THIRD & FINAL RENEWAL: NOVEMBER 18, 2016 THROUGH NOVEMBER 17, 2017 COMMODITY CODE: 06069-00; 06071-00 SECTION #1 — VENDOR AWARD ---- -- ------- --- --- _'_' - Autonation USA of Perrine, Inc. d/b/a Autonation Nissan Kendall 17305 South DWe, Highway Perrine, FL 33315 Contact: Walter Salvatierra / Alex Delval Phone: (305) 259-2640 Email: delvala(d),autonation.com AN Imports on Westin Road, Inc. d/b/a Autonation Toyota Scion Weston 4050 Weston Road Davie, FL 33331 Contact: Steve Notley / Morris Lischner Phone: (954) 659-1800 Fax: (954) 659-1853 Email: lischnerT (:�.D aujtanation-com Joe Blair Garden Supply, Inc. 320 NE 7911 Street Miami, FL, 33138 Contact: David Shoaf Phone: (305) 757-5554 Fax: (305) 757-5554 Email: Udy aj�)e.LLqLi V pL (I wnniower.corn Reliable Transmission Service, Inc. 6613 7VI Street South Riverview, FL 33578 Contact: Rebecca Mann Phone: (813) 677-8883 Fax: (813) 677-2800 Email: rebeccac-4rtsallison.com Gus Machado Ford, Inc. 1200 W 4911 Street Hialeah, FL 33012 Contact: Scott Kaplan Phone: (305) 822-3211 Fax, (305) 819-5427 Email: ska2jg2§_machadoford.com West Kendall Toyota 13800 SW 13TAvenue Miami, FL 33'186 Contact: Danny Nieves Phone: (305) 218-5617 Email: dannyCkendalltoyota.com Bull Motors, LLC d1bla Autonation Ford of Miami 16800 NW 5711, Avenue Miami, FL 33015 Contact: Jose Lopez I Hector Suarez Phone: (305) 557-65001(305) 557-5580 Fax: (305) 557-4310 Email: suarezv,aUtonation.com Pembroke Motors, Inc. d1b1a Autonation Chrysler Dodge Jeep Ram Pembroke Pines 13601 Pines Boulevard Pembroke Pines, FL 33027 Contact., Robert Winfree / Radames Rosario Phone: (305) 970-1093/(954) 441-2052 Fax: (954) 441-2093 Email: rasa rio 1 aaUtonation.corn Abraham Chevrolet -Miami, Inc. d/b/a Autonation Chevrolet Coral Gables 4181 SW 8"h, Street Miami, FL 33134 Contact: Juan Aleman /Juan Huerta Phone: (786) 402-4586 Fax: (305) 448-2670 Email: huerta �ftaj autonation.corn K.V.P. Enterprises, Inc, d/b/a Expert Diesel 4700 Oakes Road Davie, FL 33314 Contact: Melissa Cruz Phone: (954) 583-2400 Fax: (954) 583-2085 Email: mc(d-).cumminsexr)ert.com Ford Midway Mall, Inc. 8155 West Flagler Street Miami, FL 33144 Contact: Jorge Garbalosa Phone: (305) 798-9068 Email: jggrjbg.[pqaa c rnidAgyfordrniami.com -- Peterson's Harley Davidson 19400 NW 2111 Avenue Miami, FL 33169 Contact: Christy Henriquez Phone: (305) 651-4811 Email: christyh@miamihar1qycqm Page 276 of 808 Metro Ford, Inc. 9000 NW 7"11 Avenue Miami, FL 33150 Contact: Randy Barnwell Phone: (305) 751-9711 Fax: (786) 472-7036 Email: voL!.[,5_q..r.viceCcbmetroforci.com Battery Sales USA, Inc. 1500 NW 2011 Street Miami, FL 33142 Contact: Fernando Alvarez Phone: (305) 891-8355 Fax: (305) 891-2062 Email: sales(gbatterysales.com *Petersen Industries, Inc. 4000 State Road 60 W Lake Wales, FL 33859 Contact: Samuel Petersen Office: (863) 676-1493 x256 Cell: (863) 287-1673 Fax: (863) 676-6844 Email: spetersengpetersenind.com *Note: No insurance j I s reguf . re , only parts will be ordered from this vendor SECTION #:2 – AWARDIBACKGR 0 U ND INFORMATION/APPLICABLE ORDINANCES/NOTES CC AWARD DATE: OCTOBER 25, 2.012 AMENDED AMOUNT: N/A RESOLUTION NO: 12-0403 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: N/A APPLICABLE ORDINANCES: N/A Notes: As per Section 2.21, Additicns/Deletions of Facilities/items/Dealerships, therefore the vendor listed below has been added to the contract: The prices will be 10% off Manufacturers Suggested Retail Price (MSRP) *Petersen Industries, Inc. 4000 State Road 60 W Lake Wales, FL 33859 Contact: Samuel Petersen Office: (863) 676-1493 x256 Celk (863) 287-1673 Fax: (863) 676-6844 Email: sretersen6t Pete rsen I no. com *Note: No insurance is required, only frarts wifl be ordered from this vendor Notes: As per Section 2.2 1, AdditicnslDelefions of Facilities/items/Dealerships, therefore the items listed below have been added to this contract for Battery Sales USA, Inc.: DESCRIPTION I RESERVE CAPACITY CCA 0*/ UNIT CORE CA 32* PRICE CHARGE Optima Blue Top Marine 1 120 Min. Part No. OPD34M 750 / 870 $177.10 $10.00 Optima Yellow Top / 120 Min, Part No. OPD34 750 / 870 $178.95 $10,00 Optima Blue Top Marine / 155 Min. Part No. GPD31M 900 1125 $220.92 $-15.00 Optima Yellow Top 1 155 Min. Part No. OPD31T 900 f 1125 $225.50 1 $15.00 --- - --- SECTION #3 REQUESTING DEPARTMENT DEPARTMENT OF GENERAL SERVICES ADMINISTRATION Contract Administrator: John Babes Phone: (305) 329-4874 Fax: (305) 329-4875 SECTION #4 - PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PROCUREMENT Buyer: Eduardo Falcon Phone: (305) 416-1901 Fax: (305) 400-5390 Prepared By: Aimee Gandarilla, 4/24117 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INIFORMA71ON SECTION OF OUR WEBPAGE AT: www.mlamigov.com/procurement Initial: —& —Page 277 of 808 1 NTI'l° U �. OFR U;:, MEMORA, N4D'" kM T0 Ricardo Falero, Director i rA7 : November 6, 2012 �` + Department of General Services Administration w j1:: G,= �. OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and FROV HID' D"0111C F IS Equipment Kenneth Robertson, Director Bid No. 291272(17) Department of Purchasing ' N` I' Please find enclosed a copy of the recently approved term contract for OEM Parts, Engine and Transmission Repairs to City of Miami Vehicles and Equipment. This contract has been established for use by all city departments and offices on an as needed basis. Unless a specific item is not listed, using department in need of these goods or services is required to utilize this contract. Using department is urged to carefully review the contract in detail to become familiar with its prices, terms and conditions, and items awarded. If any department is unable to locate a particular item on the contract, please contact the appropriate Buyer for assistance. No other goods or services can be purchased under this agreement except those specified in the contract. When requesting this commodity or service, the Bid No., Resolution No. and the corresponding catalog item numbers must be cited in the requisition. It shall be the responsibility of the using department to properly administer the contract to ensure that the contractor and the City perform all contractual obligations. In the execution of this responsibility, departments should monitor vendor performance, inspect goods at time of delivery and check for accuracy in billing. Should any using department experience any difficulties with the contractor, please document the matter and immediately advise Terry Byrnes, CPPB, Procurement Supervisor, at (305) 416-1917 for assistance. Copy: Bid file Page 278 of 808 t f 't I a T'.101 �,. (...... C ., BID NO: 291272(17) DESCRIPTION: OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND EQUIPMENT TERM OF CONTRACT: TWO (2) YEARS, WITH OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS CONTRACT PERIOD: NOVEMBER 18, 2012 THROUGH NOVEMBER 17, 2014 COMMODITY CODE: 06069-00; 06071-00 SECTION #1 —VENDOR AWARD Autonations USA of Perrine d/b/a Maroone Nissan 17305 South Dixie Highway Perrine, FL 33315 Contact: Mr. Walter Salvatierra/Mr. Alex Delval Phone: (305) 259-2640 Fax: N/A E-mail Address: delvala("7a.autonation.com AN Imports on Westin Road, Inc. d/b/a Maroone Toyota 4050 Weston Road Davie, FL 33331 Contact: Mr. Steve Notley/Mr. Morris Lischner Phone: (954) 659-1800 Fax: (954) 659-1853 E-mail Address: lischnerm(a).autonation.com Joe Blair Garden Supply, Inc. 320 NE 79th Street Miami, FL 33138 Contact: Mr. David Shoaf Phone: (305) 757-5554 Fax: (305) 757-5554 E-mail Address: dave(a7ioeblairlawnmower. com Reliable Transmission Service, Inc. 6613 78th Street South Riverview, FL 33578 Contact: Ms. Rebecca Mann Phone: (813) 677-8883 Fax: (813) 677-2800 E-mail Address: rebeccamC7a rtsallison.com Gus Machado Ford, Inc. 1200 W 49th Street Hialeah, FL 33012 Contact: Mr. Scott Kaplan Phone: (305) 822-3211 Fax: (305) 819-5427 E-mail Address: skaplan(c machadoford.com Bull Motors, LLC d/b/a Maroone Ford -Miami 16800 NW 57th Avenue Miami, FL 33015 Contact: Mr. Jose Lopez/Mr. Hector Suarez Phone: (305) 557-6500/(305) 557-5580 Fax: (305) 557-4310 E-mail Address: suarezv(a7autonation.com Pembroke Motors d/b/a Maroone Dodge of Pembroke Pines 13601 Pines Boulevard Pembroke Pines, FL 33027 Contact: Mr. Robert Winfree/Ms. Radames Rosario Phone: (305) 970-1093/(954) 441-2052 Fax: (954) 441-2093 E-mail Address: rasariol(a7autonation.com Abraham Chevrolet -Miami d/b/a Maroone Chevrolet of Miami 4181 SW 8th Street Miami, FL 33134 Contact: Mr. Juan Aleman/Mr. Juan Huerta Phone: (786) 402-4586 Fax: (305) 448-2670 E-mail Address: huertai(a)autonation.com K.V.P. Enterprises, Inc. d/b/a Expert Diesel 4700 Oakes Road Davie, FL 33314 Contact: Ms. Melissa Cruz Phone: (954) 583-2400 Fax: (954) 583-2085 E-mail Address: mc(a)cumminsexgert.com Page 279 of 808 SECTION #2 — AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES CC AWARD DATE: OCTOBER 25, 2012 AMENDED AMOUNT: N/A RESOLUTION NO: 12-0403 INSURANCE REQUIREMENTS: YES TOTAL CONTRACT AMOUNT: SEE BELOW PERFORMANCE BOND: N/A Note: Funds allocated from the various funding sources from APPLICABLE ORDINANCES: N/A the user departments and agencies are subject to availability and budgetary approval at the time of need. SECTION #3 - REQUESTING DEPARTMENT DEPARTMENT OF GENERAL SERVICES ADMINISTRATION Contract Administrator: John Babos Phone: (305) 329-4874 Fax: (305) 329-4875 SECTION #4 - PROCURING AGENCY CITY OF MIAMI, DEPARTMENT OF PURCHASING Sr. Buyer: Terry Byrnes, CPPB Phone: (305) 416-1917 Fax: (305) 416-1925 Prepared By: Max Sagesse, 11/6/2012 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT: www.miamigov.com/procurement Page 280 of 808 ) \}/ >1 ! � � \�) ` !k! <!, � )E _- ow \± j / -ow 2 2 2 2 2 > )� \� ] = 3 = 3 = 3 = 3 �i 7 k $;lto 2 z6 § #&!E j �)�\ \} - - %! - -° - %; ` - - (%wo - )(k§}� _ - (w - )(%} \$i k)/{ \$! _-{ %$!() {!(!\! k!! o!§{{ ] !/! ; 7:}� Q !/! ; 7!ƒ« ; !/!!! ; a!!!=! ; !/!± ; 7!!i� ; m O m 0 co N ¢ 2 n � ({oN \ m O m 0 N m N ¢ 2 n � ) ( J J J ( 2 � };!! ( J J ( ( !_ §!| ) )E -- ; }�k! }\k) }\k\ to }mak- }�k) }�k! \k !\§_!* !.! ;.. sw ! ] �ƒ)/ .. A0 )/))� \a3 !;! -m !;� «;,;¥ /\\� «;; \\\ \\�� «;; /}\\)§!( )\\§,rl; \§l+) \}k) -m/ \\k( \\k( -8E-w -8E-w -8E-w !§f!}(!)§ ;«(_ |:§S| «i |!§! ;«(_ |:§S| - «i |!§! ;«(_ |:§S| - «i |!§! :«(_ |:§S| !!!:(]{! ;,=.E ! };2)!lfmt m O m 0 N m N ¢ 2 n � ) ] ) m __ } O 2} k k k m )/0A 0 ,,,,, \] q m N ¢ 01 o2 ! n o ; � /( E u o (� .§.!§ , cc -_ , ) ( IAEA_ a}�) k :® § /!� )i) , ) #! ) ) \) ) ) o __ } 0 2} k k k ) __ } 0 __ k� 0 )/0A ,,,,, \] AAAA....... 01 ! ) ; � /( E u o !T \/} ��! a}�) 291272,3 Table of Contents Termsand Conditions....................................................................................................................................................14 1. General Conditions..........................................................................................................................................14 1.1. GENERAL TERMS AND CONDITIONS...........................................................................................14 2. Special Conditions...........................................................................................................................................35 2.1. PURPOSE.............................................................................................................................................35 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION..........................................................................................................35 2.3. TERM OF CONTRACT.......................................................................................................................35 2.4. CONDITIONS FOR RENEWAL.........................................................................................................35 2.5. EQUAL PRODUCT CANNOT BE CONSIDERED: O.E.M. PARTS REQUIRED ...........................35 2.6. NON -APPROPRIATION OF FUNDS.................................................................................................35 2.7. METHOD OF AWARD.......................................................................................................................36 2.8. BIDDERS MINIMUM QUALIFICATIONS.......................................................................................36 2.9. DELIVERY...........................................................................................................................................37 2.10. OEM PRICE CATALOG...................................................................................................................37 2.11. HOURLY LABOR RATE..................................................................................................................37 2.12. MOTOR VEHICLE LICENSE REQUIREMENT.............................................................................37 2.13. AUTHORIZATION TO PICK-UP MATERIALS.............................................................................37 2.14. INSURANCE REQUIREMENTS......................................................................................................38 2.15. METHOD OF PAYMENT..................................................................................................................40 2.16. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY ..........40 2.17. RESPONSE TIME..............................................................................................................................40 2.18. REFERENCES....................................................................................................................................40 2.19. UNAUTHORIZED WORK................................................................................................................40 2.20. PRICE LISTS) TO BE FURNISHED SUBSEQUENT TO BID AWARD......................................41 2.21. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/DEALERSHIPS...........................................41 2.22. CONTRACT ADMINISTRATOR......................................................................................................41 2.23. EMPLOYEES ARE RESPONSIBILITY OF BIDDER......................................................................41 2.24. TIE BIDS.............................................................................................................................................41 2.25. LIQUIDATED DAMAGES................................................................................................................42 2.26. SHIPPING TERMS.............................................................................................................................42 2.27. SHELF LIFE OF STOCK...................................................................................................................42 2.28. DAMAGE............................................................................................................................................42 2.29. BACK ORDERS.................................................................................................................................43 2.30. ACCEPTANCE OF PRODUCT BY THE CITY................................................................................43 2.31. WARRANTY REQUIREMENTS......................................................................................................43 2.32. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS..............................43 2.33. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER...........................................43 2.34. SUB -CONTRACTORS OF WORK SHALL BE IDENTIFIED........................................................44 2.35. WORKMANSHIP AND MATERIALS.............................................................................................44 2.36. PERSONNEL......................................................................................................................................44 2.37. REFERENCES....................................................................................................................................44 2.38. UNAUTHORIZED WORK................................................................................................................44 2.39. SPECIFICATION EXCEPTIONS......................................................................................................44 Page 12 of 47 Page 284 of 808 291272,3 2.40. TERMINATION.................................................................................................................................45 2.41. ADDITIONAL TERMS AND CONDITIONS...................................................................................45 3. Specifications...................................................................................................................................................46 3.1. SPECIFICATIONS/SCOPE OF WORK...............................................................................................46 Page 13 of 47 Page 285 of 808 291272,3 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment Page 14 of 47 Page 286 of 808 291272,3 proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not-for-profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidders)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not-for-profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidders)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. Page 15 of 47 Page 287 of 808 291272,3 G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement maybe awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable Page 16 of 47 Page 288 of 808 291272,3 for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION—Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation. Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a condition precedent to the execution of service contracts including professional services. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written Page 17 of 47 Page 289 of 808 291272,3 recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre-bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person Page 18 of 47 Page 290 of 808 291272,3 or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidders)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (See 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. Page 19 of 47 Page 291 of 808 291272,3 (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. Page 20 of 47 Page 292 of 808 291272,3 All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response non-responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidders)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. Page 21 of 47 Page 293 of 808 291272,3 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidders)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non-responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for Page 22 of 47 Page 294 of 808 291272,3 rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-110) (a) The Commission approves implementation of the first -source hiring agreement policy and requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring agreements between the organization or individual receiving said contract and the authorized representative unless such an agreement is found infeasible by the city manager and such finding approved by the City Commission at a public hearing. (b) For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings: Authorized representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. Grants and loans means, without limitation, urban development action grants (UDAG), economic development agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants administered by the city. Service contracts means contracts for the procurement of services by the city which include professional services. Services includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring agreement. (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city training and employment programs, and other residents of the city. 1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI -W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the Page 23 of 47 Page 295 of 808 291272,3 right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.40. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.41. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.43. INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of Page 24 of 47 Page 296 of 808 291272,3 liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.44. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.45. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.46. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award. 1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be Page 25 of 47 Page 297 of 808 291272,3 granted to the Bidder/Proposer. 1.48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.49. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.50. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.54. NONDISCRIMINATION—Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of Page 26 of 47 Page 298 of 808 291272,3 his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidders)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.56. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.57. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. When submitting an alternate response, please refer to the herein condition for "Alternate Responses May Be Considered". 1.58. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.59. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.60. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. Page 27 of 47 Page 299 of 808 291272,3 A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE. 1.62. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.65. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, Page 28 of 47 Page 300 of 808 291272,3 whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.66. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.69. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.71. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. Page 29 of 47 Page 301 of 808 291272,3 1.73. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.74. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when Page 30 of 47 Page 302 of 808 291272,3 received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.75. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to Page 31 of 47 Page 303 of 808 291272,3 the City. If not destroyed by testing, bidders)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.76. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.77. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.78. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLL NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non-responsive. Directions to City Hall: FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US 1. US 1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: USI NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail Page 32 of 47 Page 304 of 808 291272,3 delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.80. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.81. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.82. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.84. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for Page 33 of 47 Page 305 of 808 291272,3 "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidders)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidders)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.87. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 34 of 47 Page 306 of 808 291272,3 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for the purchase of Manufacturer's Dealer Original Equipment (OEM) Parts and Repair Services, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: Terry Byrnes, CPPB; fax: (305) 400-5230 or email tbyrnes@ci.miami.fl.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Wednesday, July 26, 2012 at 3:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with the option to extend for three (3) additional one (1) year periods, subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.5. EQUAL PRODUCT CANNOT BE CONSIDERED: O.E.M. PARTS REQUIRED The equipment to be repaired is critical to City operations; therefore, only parts produced by the original equipment manufacturer will be accepted under this bid. 2.6. NON -APPROPRIATION OF FUNDS In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such Page 35 of 47 Page 307 of 808 291272,3 occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. No guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any firm(s). 2.7. METHOD OF AWARD The Contract will be awarded to the lowest responsive and responsible bidder(s) whose bid meets required Specifications and Applications. The City reserves the right to make the award to bidder(s) based upon the lowest Fixed Hourly Labor Rate per Vehicle Type (as reflected in Specifications, Section 3.0) and lowest Cost to Transport the vehicles (automobiles, light and heavy trucks and equipment) to or from your facility, as necessary, whichever is in the best interest of the City. The anticipated number of Dealers to be awarded by Manufacturer's Brand is reflected in the attached Specifications, Section 3.0 and Bidders should bid on as many catalogs as licensed or permitted by the original manufacturers. Bidder(s) may bid on engine, transmission and differential remanufacturing as well. The City reserves the right to add or delete suppliers as necessary to fulfill all OEM parts requirements and engine, transmission and differential remanufacturing, as is in the best interest of the City. The City reserves the right to accept or reject any or all responses to this IFB, waive informalities, and request rebids on the services specified in the IFB. 2.8. BIDDERS MINIMUM QUALIFICATIONS All Bidders shall meet the following minimum qualifications: A. Bidder must be a Manufacturer's approved/authorized Original Equipment Parts and Service Dealer for the brand being bid. The City reserves the right to request copy of documentation prior to award. B. Bidder must have a Dealer's Warranty Repair Labor Rate Reimbursement Agreement with the Manufacturer of the brand being bid. The City reserves the right to request copy of Agreement prior to award. C. Bidder must have a Dealer's Original Equipment Parts Supply Agreement with the Manufacturer of the brand being bid. The City reserves the right to request copy of Agreement prior to award. D. Bidder must be willing to supply and deliver Repair Parts to the City at Dealer Discounted Hourly Labor Rates plus a Fixed Percentage Discount for all OEM Catalog Parts. E. Bidder must be willing to supply the National Standard Price List, Part's Cost BOOKS, Tapes, Fiches, CD-ROM's, Digital or other documents as may be required by the City to verify pricing on an as requested basis. F. For all O.E.M. Parts and Repairs, Bidder must have a Parts Delivery System in place capable of supporting daily delivery activity to the City and Bidder(s) must be willing to supply Repair and/or Service Labor to the City for a minimum 15% Fleet Discount from its Current Hourly Labor Rate in its current Manufacturer to Dealer Warranty Repair Labor Rate Reimbursement Agreement with the Manufacturer of the brand bid. H. For all O.E.M. Parts and Repairs, Bidder must have a secure Service Facility capable of supporting the activities proposed and shall be located within the City of Miami corporate limits, Miami -Dade County or Broward County. For all Engine, Differential and Transmission Remanufacturing and Cores, units may be sent out of state for these services to be done and price includes all pick-up, freight and delivery costs. The City reserves the right to request copies of any of the above documents, agreements or other information prior to bid award. Page 36 of 47 Page 308 of 808 291272,3 NOTE: The City reserves the right to refuse award to any bidder based on prices offered that are deemed to be not in the City's best interests. 2.9. DELIVERY Successful Bidder shall make delivery of any OEM parts ordered herein within twenty-four (24) hours after receipt of purchase order, Blanket Purchase Order/Blanket Release unless item is backordered and department is notified in advance. 2.10. OEM PRICE CATALOG If the bidder is awarded a contract under this bid solicitation, the dealer may submit a price adjustment to the City based on a Manufacturer's Revised Published Price List or written notification from the Manufacturer to the supplier of price increases, once per year in either January or July only, and will remain fixed and firm for each of the subsequent twelve (12) month period. The Revised Published Price Lists or Manufacturer's notifications shall be submitted to the City, and approved by the Director of Purchasing, through the issuance of an addendum to the contract award sheet prior to the effective date of the price adjustment. Revised published price list(s) may be used as a means of price adjustments. However, all bids are to be firm for a period of one year after the bid opening date and revised price list(s) will not be accepted by the City until after that date. Revised published price list(s) will be accepted only in the event of an industry -wide price change, as evidenced by the issuance of revised price lists by the manufacturer. NOTE: The City reserves the right to eliminate any bidder or vendor based on Manufacturer's Pricing or Price Changes requested that are deemed not to be in the City's best interest. 2.11. HOURLY LABOR RATE The fixed hourly labor rate quoted shall include full compensation for labor, equipment use, travel time, and any other cost to the bidder. This rate is assumed to be at straight time for all labor, except as otherwise noted. The fixed hourly labor rate is for the full term of the contract. 2.12. MOTOR VEHICLE LICENSE REQUIREMENT Applicable to this IFB, per Chapter 320 of the Florida Statutes, "No motor vehicle, foreign or domestic may be sold, leased or offered for sale or lease in this state unless the Manufacturer, Importer or Distributor of such motor vehicle which issues an agreement to a motor vehicle dealer in this state is licensed under SS 320.60-320.70." Bidders submitting bids in conjunction with this solicitation should attach, in the Header/Attachment Section, a copy of this license with the bid. Failure to meet this requirement may result in the bid being deemed non-responsive. 2.13. AUTHORIZATION TO PICK-UP MATERIALS City of Miami employees are authorized to pick-up materials against Purchase Orders/Blanket Purchase Orders/Blanket Releases issued to the successful bidder(s). If the successful bidder(s) is in doubt about the Page 37 of 47 Page 309 of 808 291272,3 authenticity of the person picking up the material, the Successful Bidder(s) shall contact the appropriate Fleet Superintendant or Fire Garage Contract Administrator for assistance. 2.14. INSURANCE REQUIREMENTS INSURANCE REQUIREMENTS INDEMNIFICATION Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of the contract, including all acts or omissions to act on the part of bidder, including any person performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: 2.12.1. Garage Liability A. Limits of Liability: Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $ 1,000,000 B. Endorsements Required: City of Miami is included as an Additional Insured Waiver of Subrogation 2.12.2. Business Automobile Liability A. Limits of Liability: Bodily Injury and Property Damage Liability Combined Single Limit Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required: City of Miami is included as an Additional Insured Page 38 of 47 Page 310 of 808 291272,3 2.12.3. Worker's Compensation A. Limits of Liability B. Statutory -State of Florida C. Waiver of subrogation 2.12.4. Employer's Liability A. Limits of Liability B. $1,000,000 for bodily injury caused by an accident, each accident. C. $1,000,000 for bodily injury caused by disease, each employee D. $1,000,000 for bodily injury caused by disease, policy limit 2.12.5. Garage Keepers Legal Liability A. Limits of Liability $ 2,000,000 B. Coverage written on a Legal Liability Basis, Primary C. Deductibles D. Comprehensive Each Auto $1,000/$2,500 Max E. Collision or Upset Each Auto $1,000/$5,000 Max 2.12.6. Umbrella Policy A. Limits of Liability B. Bodily Injury and Property Damage Liability C. Each Occurrence $ 5,000,000 D. Aggregate $ 5,000,000 E. Products Liability $5,000,000 Companies authorized to do business in the State of Florida with the following qualifications, shall issue all insurance Policies required above. The company must be rated no loss than "A" as to Management, and no less than "Class V" as to Financial Strength by the latest edition of Best Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Companies shall provide written notice to the City's Department of Risk Management of any material change, cancellation and/or notice of non -renewal of the insurance within 30 days of the change. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this Page 39 of 47 Page 311 of 808 291272,3 section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: a. Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. b. The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the General Terms and Conditions of the Bid. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Bidder. 2.15. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments will be made. 2.16. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY The successful bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall be attached to the shipping carton(s) which contain the items and shall be made available to the City's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered; and back -order quantities and estimated delivery of back -orders if applicable. 2.17. RESPONSE TIME A two 2 hour response time is required for repairs. Failure to respond to a repair service call within the specified time will result in the successful vendor paying any and all costs associated with the repairs performed by a secondary vendor. 2.18. REFERENCES Each bid must be accompanied by a list of three (3) references (see Certifications/Attributes Section), which shall include the name of the company, dates of contract, description of goods supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.19. UNAUTHORIZED WORK Page 40 of 47 Page 312 of 808 291272,3 Neither the Successful Bidder(s) nor any of his/her employees shall perform any work unless duly authorized by a City representative. The Successful Bidder(s) shall not be paid for any work performed outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 2.20. PRICE LIST(S) TO BE FURNISHED SUBSEQUENT TO BID AWARD The successful bidder(s) shall be required to furnish price lists (printed or microfiche) upon notice of award, from any City department at no charge. This price list shall provide descriptive literature, technical data, and service information for items awarded. Time of delivery for these lists shall be mutually agreed upon by the successful vendor(s) and the City. Price lists will be updated annually, per Section 2.10. in January and July of each year only and will be fixed and firm pricing for the next twelve (12) months. 2.21. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/DEALERSHIPS Although this Solicitation requires OEM parts and services to be supplied, it is hereby agreed and understood that any dealership/item/product may be added/deleted to/from this contract at the option of the City. 2.22. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Jose Davila, Heavy Fleet Superintendant; John Babos, Light Fleet Superintendant for GSA, and Lt. Jose Gomez, Fire Garage, who shall be designated as the Contract Administrator. 2.23. EMPLOYEES ARE RESPONSIBILITY OF BIDDER All employees of the successful Bidder(s) shall be considered to be, at all times, the sole employees of the Bidder under its sole direction and not an employee or agent of the City of Miami. The successful Bidder(s) shall provide competent and physically capable employees to perform according to all specifications. The City of Miami may require the Bidder to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued employment on/handling City property is not in the best interest of the City. Each employee of the successful Bidder(s) shall have and wear proper identification. 2.24. TIE BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City for the procurement of commodities or contractual services, a Bid received from a business that certifies that is has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. Page 41 of 47 Page 313 of 808 291272,3 (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1). (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 2.25. LIQUIDATED DAMAGES Bidder shall provide all OEM parts at the guaranteed delivery time specified by the City in the Delivery Section (see Section 2.9) of this solicitation and respond to a repair service call within the timeframe stipulated in Section 2.17. If the successful bidder fails to deliver or respond within the specified time, it is understood that 1% of the unit price per calendar day per item will be deducted, as liquidated damages, for each day beyond the specified time, not as a penalty but as a form of compensation for the loss of not having the ability to use the product and/or vehicle. 2.26. SHIPPING TERMS All bidders shall quote prices based on F.O.B. Destination and shall hold title to the goods until such time as they are delivered to, and accepted by, the Contract Administrator, or authorized designee, at the City of Miami Fleet Management Division located at 1390 N.W. 20th Street, Miami, Florida 33142 or Fire Garage located at 1151 N.W. 7th St. Miami, FL 33136. 2.27. SHELF LIFE OF STOCK The successful bidder(s) shall ensure that adequate stock levels are maintained at its place of business in order to assure the City of prompt delivery. If the delivery terms specified in the Solicitation are not fulfilled by the bidder, the City reserves the right to cancel the order, purchase the goods elsewhere, and charge the bidder for any re -procurement costs incurred by the City. 2.28. DAMAGE The Contractor shall carry out the work with such care and methods as not to result in damage to City property. The Contractor is responsible for immediate repair of any damage caused by his/her work and shall be fully responsible for any repairs at no cost to the City. Page 42 of 47 Page 314 of 808 291272,3 2.29. BACK ORDERS If the successful bidder(s) experiences a back order of items from its manufacturer or distributor, the bidder shall insure that such back orders are filled within five (5) calendar days from the date of the initial delivery. The successful bidder(s) shall not invoice the City for back ordered items until such back orders are delivered and accepted by the City's authorized representative. It is understood and agreed that the City may, at its discretion, verbally cancel back orders after the grace period identified in this paragraph has lapsed, seek the items from another vendor, and charge the bidder for any re -procurement costs. 2.30. ACCEPTANCE OF PRODUCT BY THE CITY The products shall be maintained and delivered to the City in excellent condition. If a product does not meet specifications, it will be returned to the bidder as exchange for suitable merchandise or for full credit at no additional cost to the City. 2.31. WARRANTY REQUIREMENTS Warranty shall be the Manufacturer's Standard for Repair Parts or Ninety (90) Calendar Days, whichever is greater. Warranty for repairs shall be for a minimum twelve (12) months or 12,000 miles, whichever comes first. For all Engine, Differential and Transmission Remanufacturing, units must be warranted for three (3) years or 100,000 miles after reinstallation in vehicle. 2.32. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The Bidder hereby acknowledges and agrees that all materials supplied by the successful Bidder(s) in conjunction with this Bid shall be new, except when rebuilt, repaired or remanufactured is requested by the City warranted for their merchantability, and fit for a particular purpose. In the event any of the materials supplied to the City by the Bidder are found to be defective or do not conform to specifications, the City reserves the right to (1) cancel the order and return such materials to the successful Bidder(s) at the Bidder's expense or (2) require the successful Bidder(s) to replace the materials at the successful Bidder's expense. 2.33. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER The successful bidder(s) shall promptly correct all deficiencies and/or defects in work and/or any work that fails to conform to the Contract Documents; whether or not fabricated, installed or completed. All corrections shall be made within five (5) calendar days after such rejected defects, deficiencies, and/or non -performances are verbally reported to the bidder by the City's Fleet Management Division's Administrator or his designee. The successful bidder(s) shall bear all costs of correcting such rejected work. If the successful bidder(s) fails to correct the work within the period specified, the City may, at its discretion, notify successful bidder(s), in writing, that the successful bidder(s) is subject to contractual default provisions if the corrections are not completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the successful bidder(s) fails to correct the work within the period specified in the notice, the City shall place the successful bidder(s) on default, obtain the services of another vendor to correct the deficiencies, and charge the successful bidder(s) for these costs; either through a deduction from the final payment owed to the successful bidder(s) or through invoicing. Page 43 of 47 Page 315 of 808 291272,3 2.34. SUB -CONTRACTORS OF WORK SHALL BE IDENTIFIED As part of its response, Bidder is required to identify any and all sub -contractors that will be used in the performance of the proposed contract, their capabilities and experience, and the portion of the work to be done by the sub -contractor, if applicable. The competency of the sub -contractors) with respect to experience, skill, responsibility, and business standing shall be considered by the City when making the award in the best interest of the City. If bidder fails to identify any and all sub -contractors in the Bid response, the bidder may be allowed to submit this documentation to the City when such action is in the best interest of the City. 2.35. WORKMANSHIP AND MATERIALS All parts installed and materials used in performance of this contract shall be unused, and or new (of current design or manufacture). Salvage materials will not be allowed without the express consent of the City. All materials and workmanship shall be of the highest quality so as to ensure safe and functional operation. The City shall be the sole judge as to parts and workmanship. 2.36. PERSONNEL Bidder shall be deemed to represent that it has, or will have upon the award of the Contract, all necessary personnel required to perform all services arising from the award of the Contract. All personnel employed shall be employees of successful Bidder(s). All the services required herein shall be performed by the Successful Bidder(s), and all personnel engaged in performing the services shall be fully qualified to perform such services. 2.37. REFERENCES Each bid must be accompanied by a list of references, which shall include the name of the company, dates of contract, description of goods supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.38. UNAUTHORIZED WORK Neither the Successful Bidder(s) nor any of his/her employees shall perform any work unless duly authorized by a City representative. The Successful Bidder(s) shall not be paid for any work performed outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 2.39. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing Department, in writing, no less than ten (10) days prior to solicitation closing date of any change in the manufacturers' specifications which conflict with the specifications. For hard copy bid submittals, bidders must explain any deviation from the specifications in writing as a footnote on the applicable specification page and Page 44 of 47 Page 316 of 808 291272,3 enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. For electronic bid submittals, bidders must explain in the Header Section or by an Attachment and, if applicable, enclose a scanned copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. Additionally, bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs required to bring the item(s) in compliance with contract specifications. 2.40. TERMINATION A. FOR DEFAULT If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Contractor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.41. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. Page 45 of 47 Page 317 of 808 291272,3 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK This solicitation seeks suppliers to provide Manufacturer's Dealer Original Equipment (OEM) Parts and Service per the requirements of this IFB. No "Approved Equal" parts will be allowed or considered. 3.2 PARTS AND DEALER LOCATIONS: The City reserves the right to acquire parts from Successful Bidders based on lowest price(s), location, availability of parts and who provides more frequent delivery service over once daily. The City reserves the right to pick-up critically needed parts itself at the most conveniently located dealer geographically, as necessary. 3.2.1. ENGINE, TRANSMISSION AND DIFFERENTIAL REPAIRS AND REMANUFACTURING: For all Engine, Differential and Transmission Remanufacturing and Cores, units may be sent out of state for these services to be provided and price includes all pick-up, freight and delivery costs. Engines: The complete engine will be completely remanufactured using a new set of internal parts: pistons, rings, bearing and timing components, valves, valve springs, retainers, and lifters (lifters may be new or remanufactured). All other castings and components will be remanufactured back to O.E.M. specifications. The engine will be reassembled and live run tested with checks on oil pressure, compression and vacuum. The engine will include the block, head(s), oil pump, and pan, timing cover and finishing gaskets. There must be a minimum of three (3) year 100,000 mile warranty. Transmissions: The Automatic Transmission will be completely remanufactured using a standard set of new internal parts: friction clutch plates, sprag, bearings, races, bushings, washers, gaskets, sealing rings, lip seals, filter or screen assembly, new or relined bands and front pump assembly. The valve body will be remanufactured and calibrated. The torque converter will also be remanufactured and balanced. Every automatic transmission is dynamometer tested with checks on shift pattern, oil pressure, stall test, fluid leak test and park test. There must be a minimum of three (3) year 100,000 mile warranty. Differentials: Light duty differentials with axle housing will have all new internal bearing and seals. The unit will be remanufactured back to O.E.M. specifications. The gearing must be inspected and 'mic'ed; with test on backlash, runout, pinion preload and tooth contact pattern. The unit does not have axle shafts, backing plates, sensors, brakes and brake hubs. There must be a minimum of three (3) year 100,000 mile warranty. 3.3 NUMBER OF AWARDED DEALERS: Page 46 of 47 Page 318 of 808 291272,3 3.3.1 While the City will award Dealers complying with the provisions of the Special Conditions at the inception of this IFB and in accordance with the number of dealers listed below, it reserves the right to add dealers to this contract at any point throughout the term of the contract. 3.3.2 The following is the anticipated number of dealers to be Awarded by Manufacturer's Brand. However, based upon the responses to this IFB, bidders awarded by Brand may be more, or less, than those indicated below. Light Fleet and Heavv Fleet 1. Buick 1 16. Freightliner 1 2. Cadillac 1 17. Heil 1 3. Chevrolet 3 18. American LaFrance 1 4. Dodge 2 19. Sterling 1 5. Ford 3 20. Condor 1 6. GMC 2 21. International 1 7. Lincoln Mercury 1 22. Kenworth 1 8. Harley Davidson 2 23. Pierce 1 9. Kawasaki 1 24. Spartan 1 10. Oldsmobile 1 25. Young 1 11. Pontiac 1 26. Cummins 1 12. Toyota 1 27. Caterpillar 1 13. Mitsubishi 1 28. Detroit Diesel 2 14. Nissan 1 29. Mercedes Benz 2 15. Richtein International 1 30. Allison Transmission 1 The City reserves the right to add or delete Manufacturer's Brands as may be in its best interest during the life of this contract. The City reserves the right to adjust the number of awarded vendors by Manufacturer's Brand upwards or downwards or add additional suppliers, at any time as may be deemed in its best interest during the life of the contract. Page 47 of 47 Page 319 of 808 Crystal Report Viewer City of Miami Text File Report Page 1 of 1 City Hall 3500 Pan American Drive Miami, EL 33133 www.miamigov.com File ID: 12-01095 Type: Resolution Status: Passed Enactment #: R-12-0403 Enactment Date: 10/25/12 Version: 1 Introduced: 9/25/12 Controlling Body: Office ofthe City Clerk A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING THE BIDS RECEIVED AUGUST 21, 2012, PURSUANT TO INVITATION FOR BID NO. 291272, FROM VARIOUS RESPONSIVE AND RESPONSIBLE BIDDERS, FOR OEM PARTS, ENGINE AND TRANSMISSION REPAIRS TO CITY OF MIAMI VEHICLES AND EQUIPMENT, ON AN AS -NEEDED BASIS, FOR AN INITIAL CONTRACT PERIOD OF TWO (2) YEARS WITH THE OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS FROM THE USER DEPARTMENTS AND AGENCIES; AUTHORIZING SAID SERVICES AS NEEDED, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; FURTHER AUTHORIZING THE ADDITION OF SUPPLIERS TO THE CONTRACT AS DEEMED IN THE BEST INTEREST OF THE CITY OF MIAMI. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The bids received August 21, 2012, pursuant to Invitation for Bid No. 291272, from various responsive and responsible bidders, for OEM parts, engine and transmission repairs to City of Miami vehicles and equipment, on an as -needed basis, for an initial contract period of two (2) years, with the option to renew for three (3) additional one-year periods, are accepted, with funds allocated from the various sources of funds from the user departments and agencies, and said services are authorized as needed, subject to the availability of funds and budgetary approval at the time of need. Section 2. The addition of suppliers added to the contract as deemed in the best interest of the City of Miami is authorized. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} Page 320 of 808 http://egov.ci.miami.fl.us/LegistarWeb/temp/rep8538.html 11/5/2012 CONSENTAGENDA 2/20/2018 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of January 2018. 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 January 2018: Purchase Order Vendor Amount 180535 RDK Truck Sales $ 41,000.00 180641 Martin Fence Co. $ 13,318.00 180647 Federal Eastern Int'I $ 12,072.00 180648 Core & Main LP $ 10,870.00 180653 Hoover Canvas Products Co. $ 16,811.00 180695 The Paving Lady Inc. $ 12,108.00 180698 CDW Government Inc. $ 11,558.46 180700 Strategic Government Resources $ 24,700.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 321 of 808 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type ttach irTIENI'lt Description PLArch oveir $1 0,000 IbacllcUlap... Jla ll'Kiiairy 2018 Page 322 of 808 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER 4) $10,000 FOR JANUARY 2018 1. Vendor: RDK Truck Sales (missed on Dec Report) Purchase Amount: $41,000.00 Requesting Public Works Contact Person-. Bill Darty Date: 1218117 Brief cri tin of Purchase: Emergency rental of two automated trucks for Solid Waste. Source r Purchase: mer enc Purchase urc : 431-2515-534-4-17 2. nor: Martin Fence Co. Purchase Amount:$13,318.00 Requesting Department: Utilities Contact Person:Jim Hart Date: 115118 Brief Description of Purchase: Repair fences at Lift Stations 302, 311 & 317. Source forPurchase: Piggyback Town of Davie Fund Source: 401-2816-536-46-10 Bid -2012-237 3. Vendor: Federal Eastern Int'I Purchase Amount: $12,07200 Requesting Police Contact Person:Capt. Burdelski Date: 118118 Brief Description of Purchase- 24litic helmets for SWAT Team use. These helmets will replace units that have reached the end of their useful life cycle and provide an advance level of head/brain protection for the officers utilizing them during SWAT operations. Source r Purchase: Three Written Quotes Fund Source. 001-2110-521-5-2 $4,500.00 001-2110-521-5-51 $6,072.00 001-2111-521--51 $1,000.00 001-2112-521-5- $ 500.00 4. Vendor: Core ain LP urch a $10,870.00 Requesting a Utilities Contact Person. Brandon Mingo Date: 119118 Brief Description of Purchase: Capital outlay request. Tapping machine needed so that there are separate machines for potable & non-potable water. Source forPurchase: Three Written Quotes Fund Source: 401-2810-536-6-02 r: Hoover Canvas Products Co. Purchase Amount: $16,811.00 Requesting Public Works Contact Person: Gall Mootz Date: 1111118 Brief Description of Purchase: Repair Amphitheatre awning, damaged from Hurricane Irma (Sept. 2017). Source r Purchase- Three Written Quotes Fund Source: 108-1211-512-52-90 1701 Page 1 Page 323 of 808 ® : The Paving Lady Inc® r . 12,108.00 Department.equesting Public Works . Gary Dunmyer i Description Date: 1129118 NW 17th Ave improvements. Source r Purchase: Three Written Quotes Fund Source: 303-4905-580-63-08 Local usiness ref rence CPO : Quern en Inc, 11,558.4 Requesting Department: ITSPerson:Marty Stevens Brief Description of Purchase: Date.1129118 First order of new monitors for the new electronic plan review system/capital improvement project IT1801. Source for Purchase: Three Written Quotes Fund Source: 302-4102-580-64-14 ® r to is Quern ent esources IT1801 $24,700.05- 700.0Requesting RequestingDepartment: City Manager's Office Contact Person: Lori LaVerriere ri Description Date: 1130118 Executive search firm for Police Chief. Source for Purchase: Three Written Quotes Fund Source: 001-2111-521-49-17 Page Page 324 of 808 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOY' TON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180535 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 12/08/17 TO: RDK TRUCK SALES RD K ASSETS LLC 3214 ADAMO DR TAMPA, FL 33605 Dll::!l::lIA1::ll � Mll::,N 11 llElDLIlSll � �11011"O NO,, 7 0.3 6L 11 11 G' SHIP TO: City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 11) A r ii:l ii�j ii: ii::: II' 1111111 ) IN 0 LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST 3.00 MO MONTHLY RENTAL OF 2010 MACK LEU 6500.0000 ASL: TAG #N50 14X MILEAGE OUT - 58,191. VENDOR ITEM NO.-.lM2AU02C8AM003_914 2 1000.00 DL TRANSPORTATION ($500.00 EACH..' 1.0000 WAY) 3 3.00 MO MONTHLY RENTALL OF 2010 AUTOC m.. 6. 500.0000 ACX; TAG #B82. 26V MILEAGE OUT. - 77,591. mm VENDOR ITEM NO.- 5VCACRJF8AH2:0977.1 4 1000.00 1 TRANSPORTATION .($500.00 EACH 1.0000 WAS REMARKS: 0, Cly AUTOMATED TRUCK RENTALS FO OR. . S . LID WASTE SEE ATTACHED.QUbT9S ACCOUNT NO. 43i-2515-534.49-17 am "' olpffju# k 4: 1 10 ILI a' " 01 0 PURCHASING Page 325 of 808 IIS` 'Y' " B'YN,"IIID"l ONBEAC, ' I UE FOR PURCHASE illi , sR, $.110,000 ,,0 IIG)ate f 2/8/2'0 1 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,......,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.........,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.............. ..................................... Re ,ue« tli'uuu'rg it,;"te artuliuient: Fleet ' ii'i��m� rclha,�re�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , mm,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 'allllpllllairiatliiri for° rerntai of two automated trucks for Solid oil"react Per,s ca i151i'H t;;taii i,,,,,,,,,,,,,,,,,,,' ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, M ��,e�cuuri�rr��auu�i�'m�' haul°rug IIC"�ii, fuimull �alllea III,t llllllllauir° r°lurlmcrrm tl, o9tIIIP r uuct'ma,arr 1,000 ......,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,................,,,,,,,,,,,,.............................. ..................,,,,,,,,,,,, ................. w ........................ �.,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,........,,,,,,,,,,,,.........................„ ...........,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..........,,,,,,........................... ............................... iauulwce for I$::k„rrclll we ct�eclll aiiiri attaclili I aclilcup r materiiiimali ) Three Written Quotations iL I GSA ................... t ontr c t,,,,,,,,,,,,,,,,,,, Ilf�� t��IIIIIC°;dllf;;;;;�lli;;;;:,,.�llln° �"'i"' SNAPS oliC. Soui„c,,,,,,,,,,,,,,,,,,,,,,,,,,N mm Piggy -Back li:��,i ��lied Ilitei°u°ii Emergency Purchase N u �t:,�i:IP ��1° Contract . T: Pricing proposal for purchase must be presented in the same detail contained within the contract. ...................................... • .. � e t,,,rul'°r ' Source foil, li�iuilimctma�� u 431-2515-:534 ,,,, ?g,,,,1 tIluu'°oata i egartrm" ient i,,,,t'(.a ' 11:°11rurclhaalhng Agerit Asst Gity !Vlanagiel-- ,Cfty Mwliageii, F011Tn Ieviserd 0 2 / ) 1 0 lf;; alte ............: ...........W-5 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. Date Date Page 326 of 808 E: 0 0 c. C..) I n 0 0 0 1 In I CD 0% q cn 1.4 H "i SII A pl 0 C5 C) ca 0 CD 0 r.) A I- 11 P 1.4 CD u r ro M In m > > > > 04 r? t 41 W, U.1. IS) M M U.� Eby E. 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V, "ll i 'R� ry o(j I: rjl Ice, lliri (3 Page 328 of 808 TO: FROM. - DATE: SUBJECT: The Solid Waste Division typically needs four automated trucks daily to pick up residential refuse. There are a total of eight vehicles including four spares. Out of the. eight vehicles, four are out of service. Two trucks are currently at Palm Center, one truck will not start and has an electrical problem and has been there since 12/5/17. The other truck, the transmission will not shift and has been there since 12/4/17. Two trucks are in the City garage, one since 11/21/17 that need the front springs replaced and will hopefully be in service by the end of the week. The second truck has been in the shop since 11/30/17 waiting on brakes and is in for preventative maintenance. This truck should be ready to be back in service on 12/8/17. As a resul which includes a new truck that arrived today. Staff is requesting an emergency rental of two automated trucks for approximately two months with a possibility of extending an additional month, not knowing how the holidays could affect these repairs and other break downs. It is imperative that we have this equipment so that we can stay caught up with the daily routes. Attached is the RDK Truck Sales along with a rental agreement. This company is the only vendor that currently has these types of trucks available for delivery tomorrow. The cost of the rental is $15,000.00 for both trucks which includes a transport fee and security deposit for the first month. If the truck(s) are neededfor an additional month(s) the cost will be $6,500.00/ea. Funding is available in the Solid Waste Account#431-2515-534-49-17. Please consider approval and sign the attached rental agreement. These trucks do not stay available for long. We would like to arrange delivery as early as Monday to avoid delays in scheduled refuse pick up. . ............ Page 329 of 808 ST01 CK IN S051711306 .- INVOICE 9 I, 2 IN ,' OI,N3 11 I� IIg III „w ,,,, b ................ Flu W � IQ II�'I �I� ,,,��N �N ftntal r4aft ecer'nbea Mileage a Mileage In �a,ra. IIS' N� ��,� �Igrm4mw .... SII chalinges occulir, uu PI uN ln'nWU'm m p s wM rosult R more 60 hoursper work responsibleCustomer is .r Oil everyr0 . Ilan Rental u ul 1(Qyiw, 100-00 Sales % III. P5IrnrmllA subtotal Transporbtlon $ 1,000,,00 ($500 .00 each way) Total $7,500,,00 Taut Dire $7,5100.001 „ IW rt N'IC . a III- „l L II,,,E m Ib',,, IV w � : „ 111 111 Il... �m VIIP In @� a ru 1 I V Illus IN N CM w � @III �;»„ OFANY I� IST ACC �m IUV@ II Im'I IN,IV =111 IV VIII V �IU Illus u u m u 11f f U 'IIR� V 'U,,:IIMA ,,, TIVm AND VIuV ISM �, 66 Twin � 1y SON otmd n Mand V� 4Vm�viuV �� ' �m � �' V ' ; gun , I af'VIV ' ��V�urom, � iIIYa � II�Vro�V V N.. M INuV qo tw land furit awro. iduV h IV@ . 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N.rmmamm We ummamaulla And dmmuma 'mmlllmNmwmm Mill I1W0 figuildgtNWummm Immo Ragailhad and dim ofidow 010 qe nEMMIM+,µ'tu IluWAMM groin id,#ft l.,mamur bar M vel mwnd'am ft Iluumum'am d Immm IRMIIIMIIkM offoxm mHpilnaa aad NO un'mmoem' moa Illau'mamvalim unto nomlaa NOT am'.mm aw pdmym. iGmmm m.ttam9m iuBmp,Nk'tNNNn O'mmMlmrymm MUNI P' 22 fWKTR 02116 IIIIIIIIIIIIIIIIIIIIIIIIII:IIIuuummmnlllllllllllmllllmllllllllllllllllllllllllllllllllllllllllmlaNnmmmmmmllllllllllllllllllllllllllllllllllllllllllllllG'aNIIIIIIIIIIIIfaMmmlllllllllllllll„mIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIImIIIIIIIIIf.1lmlllllllllll Illlllllllllllllmmmmlllll Illllllllllllllllllllllllllllllllllllllllllluuuuuuuuuuuumumalllllllllllllllllllllllllnllllllllllllllllllllllllllllllllllllllllllllllllllllllmlllf: Page 333 of 808 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P-0, BOX 310 P.O. #: 180641 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 01/05/18 VENDOR 2.863 TO: MARTIN FENCE CO. 862 13TH STREET LAKE PARK, FL 33403-2383 SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD AOYNTON BEACH, FL 33435 LINE # QUANTITY 1G$l ITEM NO. AND DESCRIPTION UNIT COST EXTENDED COST '1 3546.00 DL LIFT STATION 302 FENCE REPAIR 0 cl; C) 3546.0) 2 6730.00 DL LIFT STATION 3'.11 6730.00 3 3042.0 DL LIFT STA I'101'41 33,"7 1,11%'Cl!", REP1%,]]"" 3042. iC) RE VV% R I�S P.10. FUrAll 3 13 3 1. 8! � 01 �O ... ............................................ . ........ . . .................................. . . . . ....... ................. .. . . ......................................... . ......... . .............. ACCOUNT NO. PROJECT 4Z 401-2816-536,46-10 PURCHASING Page 334 of 808 IIDem 2 Jan 18 11111,OTPI,T 111DF B1111C)"YNT111IDNIlllf lull IRIII IQUE1115511111 rlilolni 110111VErRi $1110p,11[30111) l,eq uesting Do lipwrtme lint Naqtewate..,,,�r I ift Statiory Corlidtact Persoln: 'JimIlairt. ............. lKPhAIlnafic)n,ror Pt,archase-: Mairtin IFeinc uGID. Will The repairing the F::`o.:..I�IInces'tjD I iftlStations: I S 311012, 1 S 311 and I! S3 117 lllifendlDr If.363 f4artllirt Fence CO. 511 ......... ................................. 2. ligiiir)Ykfnoii�AIntlofi:IRLiii,chasiil:11I $-13,31118 iDO .................. ........... SOlUrce -for, Fiurch,�ir.:Iiiswe j[dihec,,11k, iaind attacill-iii,11backullprinateiriahs): Three written Quotations ... ............... .... :1 GSA State Contract PIRIDIFEIRESIRIEECT SPKIF's Sole ,Sot.pirce Pliggy-Back Budgelkild Iltelirlrl Emergeiriqly lPulrchiase OV-Deir Contract IMlu1rinber I)Own of 111" alvle Bld # IR 2012-.23-7 ............. . .................................... NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. 1F:"'IllJllIlMIldI SOILIHirce, for 401 2181651�1:.W-46 10 )r%jjPjjPIlrOv-'r,ltIIlS:,,�n — Dejpairtirniilint I Ilead .......... ..... PUirchmsioli ing Agent j. Pkvriilt ObI Mainagier ........... orm �Revllsed 021n I 111 2 ............. 113ate alrll . ....................... Page 335 of 808 OD w �i H �r-Y e^•p C.e:B 0 Cp:G n o �Y s-7 u tl € a e co Ln en LID rn Ln 0 4D CD 0 0 c�a C) ea H ko H 04 OD aH >z FA 0 00 04 E4 24 9x touj 1:3 E4 o NH 8p7 rbD °� awD r Dq p E�® Gp1 04 VA W. ZF] u N ,. Pa41 04 04H CJ U Upq A t pqww 9x La ..� q 04" 0 H �] C7 E�r C9 E e Lg7 CeF' C� w zro Cpl Er CHHw 0 IM HZ H CF9�3 04 H lzj MOM mom MOW o,IX N ,... Ft 0 E4 0ca A ° ®o � Ea NN H 0.62 a� IxCN tj E-4 C'S 04D 0 ay CD � r- u...m " ou4 iYaJuu " �� pq ,r i Cpl N Cx7 iJ u Cj poi 4 [7] WM o AH H H Ew �I .. IZ 0 ® es Ln Ln in ed7 r+E tp5 OD M Co OC4 N C4 o H m tl � r� 114 zs H En H z 0 H F -p Cie cli Fd t� 0 av 0 N P4 .rq eA � p r7 w Ill o rd E0 b H 44 r®s 0 1-4 E-4 4 u H � Fi CY� a r�I til Cpl td] tri tld P4 Ar Page 336 of 808 REQUE ST FOR REQ11JI .l. -SYITON IREASON IP,,, U IIPUR-C-14 iff:' . ..................... .................................................................................... . ............. . ..................... . . . ................... . .......................................... : Stat!"0111's Feince inelpaked �at Chie,ft�iowjjr-jg llocafloirss: I S '1."1 102, 1 S311 and I S 317 Pu...I-, 113alck off 'f Town OF E)avie BiIR... 012- 3"x` VENDOR; FII'IIIIIIIIJ1111i 011111 0 Mau flin IlFenim Co,- TR6—ii eed -11--akv. Pirk', _F13340-3 Phone (CCOlillact): Nolan b—irei 'h—o 7io� Fax: 1,561-841B...,"66 Vecindor IlAmmibeir I N IINITIATOIR: J1111n IlHaul,tlewa, 11:10-l" Statilloins Asslistarlt s...U., l.s.2.r ........... — .......... ....... APPROVED: Ad. .. . ....... .............. min late: "112.121C.H8 . ................................................ ......................... ll'.)Ste Neleded Cust, IFleU. ........... ..................... I .......... Distrib.flion BACKUP DOC! SLIENIMI rTE11): 1a eu" uaL Quloles/VerbW ® — ------ ..... Ovel, 11 ............................ ............... O"ILT .19 (X ) Qulofimftrit�tein u unin t-nic A ll::'art Number , ' I "" ' "r,,,l E $31,546-01 Lift Statlinin 3'0,2 Reqaaiir . . . ...................... . .......................................... 1 $16!,7310�1010 1 lift SLabloin Tl "I ................ ......................... I I A$33', 0, 4 '2Z., 0 1 ift SWUlari 3,17 1;:Repair, I OTAII (ve. r, $2000) . .......... ...— TO .............. I (X) Iffild Does,, (X W. WTP 42 ....................... . ( ............ ) . ........ ...... . ............. . . ...................... W. .................................................. Boge Source I Uy,. 99 ................. Wow .. mmm.—MEM.-Mm� Insuraince 8pec!4 linstrlucfion&� Re., uh-eirmi-icnts-, .......... . .............................. . .................................. 1::�rpject Nt..wrN5sr:: Page 337 of 808 )PA I Basic 1 EWim 401 ............ 28 1 16 ........................... . 536 46 401 28,1,6 . ....... 8:36 46 401 28,116 S36 46 Page 337 of 808 MARTIN PHONE: 561-848-2688 # FAX: 561-848-4466 FENCE FLORIDA862 13TH STREET, LAKE PARK, 'fir 8 wwwr6 .; rtinFence,com LIC. # U1 0591 IP'are IIII 'm�1m u11 �, ^ � �• 1. 1111.,.. ��mPllliil�llum{ �INx. ' � � �ml • ••••,�,• m1111.........111111111.11 ............................ •I„,.........mM•••••.•.,.I,,••,••. �•••••• .Rt 1 .••.•.................,.•.•••••••.........................•11111__...........1111111111. �,,, ,,� IIIII n ,"".IIIII�IIII•••.11�I X51&•••••. a'�.YMIII Bw�',I'�b�llinieg�� CoTitaof �” 1111 � � � I •• ,;; x1. •:111 mall.111111111111...__.............. 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Po'st's ° .11 111111111 .......111111111.... 141 " a'tle11tX11 ... 11II�"�1° Gates 1111......:11111111111....1111 11111111111.. .1 1111 111. 11111 ...w �J1, a°1� � m Wire .1111111111111111......................1....111111111111111111.1 11111........1 1....1111111111111111111111111111111111111111111.._.111111111.............111111111.......1.11111111111 1111111111111111111 1 111111111.....1111111111111111111111......, 1m 1 11;;111.1 1j ,m111.... 1111111111111111.......111 111111111111._.........._....mm1111111111111111.......,� ,� �r�l� � �1 Core JIT .1111..1111 1 � �eJIJ111 111�1,�11� l. ULI 111 II 111 .111111111111111........1111111111111111111111._.........111111111111. 1 � J a 1� a, e 1111 1� 1...mm1GO l llll ;. 1..........1.1111111111............11....111 6 ° °lra Z, 14'11 L I q,,, �u1,;m1n...x..111111111111111111......... 1q d STEM O A _7'7 L .�............111111111111......................._11111�,�1�.........111111111111111111................1111111.11..............mm1 ..1111111111111111111-n 1�1�....1111111111�11111�m............ 1 .........................1 i � a 1 1 11111111111111......................11111111...................._................� � authorizesCustomer installation of the fence in - %1.4t% the sketah an,�-- any -« specifications agrees to assume all liability and responsibility of sketches. by customer or . charged per man per hour/minimumof I hour. Total Prics A. C.O.D. on Completion This contract subject to PermrsaVnrdl Conditions writingtations cannot be relied on. No modifications to this contract will be honored unless in and signed by both parties. communications acceptable. t Iriruer by riles �1i* ....... ; k4l, work. Custiorrile Page 338 of 808 E PHONE: 561-848-2688 0 FAX' 561-848-4466 TOLL FREE: 1-877-777-3212 862 13TH STREET, LAKE PARK, FLORIDA 33403-238,---� www.MartinFence.com LIC. # U10591 Iate r.... Toil Po __—. _--W age Cell Fe in c cr4—q-21�"� 6"L— 16 Top Rail 11 Follow Counto'ur 5�Barb UP El Knuckle Up TOP Rail 1�JXL)L-ts.Lkn rr. %a Tension ire __._ Core Drills _ Pinelwee .__ Exclusions fR feruoe Moines must be cleared y customer or a fee will be charged per man per hour/minimum of 1 Ih our Reis ® u 'i -irk Tote iPrine ...: „ ... . . ..... ....Approx. Delivery Date fess [epo M W�m�'ek ' f : mu .......... C.O.D., on Completion This contract suble eras and Conditions on reverse slide,, Oral relpresen.- 'tations cannot be relied on. No rnoduf cations to this contract w1111 be honored unless in writing and signed by doth parties, Fax and email Communications are acceptable. table. CUStOrner I U-iieircHr n� iu n *W"'� ttnu616sifactoryc1or-- �inef ion ref fl,iie above d �» ruillb d work. Custinirnir,r Page 339 of 808 PHONE., 561-848-2688 * FAX: 561-848-4466 TOLL FREE- 1-877-777-3212 862 13TH STREET, LAKE PARK, FLORIDA 33403-2383 NameM TQC ... ,A Cdr _LZIE WOOBRIGHT .RD City_ BO YNTON BFACH Phone 7126426 --------- iia .___.---_---- Contact -EA'1��[qKFRANKLIN Penoe ._ "" 9 A. X 7 re T GALV _ Top Rall -11/1'-'X 40 GAL Line Posts ,,LL __—__----..___ Coir, Poata 2..5"d Gate Posts. I/ afea Tensilon Wire.NA CoretrH� IPanel eave . GREEN SLATS Exclusions C;LIAI�,:ICNd� __ Customer installation of - the fence in ',+ # J any attached specifications and agrees to assume all liability, and N of sketches. .41 fence lines must be cleared by custo - f: +. r $75 per man per ;o...♦ mi �[We UV x.20 J...'.7. SHIP TO: CONE. " SS A -VE & BOYNTON.ECBLVD .......... ____�__ Top Pahl 11 Follow Countour 0 Barb Up 0 Knuckle USD SE CORNER EAST FENCE LINE a ;REiiOVE 30L:E' OF " C lI I LINK F ENC FURNISH AND :INSTALL 3 F.A. 2.5" X 8'6" GALVANIZED CORNER ER POSTS FURNISILAND :INSTALL 2 .E ., 2.5" X 1 5/5"° :LOOP CAPS FURNrSHAND INSTALL 30 LF of 2" X 9 CSA :X 72" GNAW .1 T FURNISH AND INSTALL 3 EA., BAGS OF GRFMN SLATS TS FURNISH AND INSTALL 30 LF OF 15/8" }G S40 GALVANIZED TOPRAIL ALL NECESSARY RY FI"I TINGS AND CONCRETE SCDUTE:I FENCE LINE. FURNISH AND INSTALL A L:L I O LF OF 2".X9 CI.& 3G 72" Icr GALV. V`. FURNISH AND IC^IS'I".ALL I IoA.. BAG OF GREEN SLATS FURNISH AND INSTALL 21 LF OF I 5/8"X S40 (37A .VA I EI) °I°G3P . A:II. ALL NECESSARY FI"T"TINGS AND CONCRETE CfRETE INAeC4.;(3RPAdIaTCE I'I'II:ID. °�I.E 4.1 E.•I2 7 ITEM E: 77-49 GA, C o.A I, .f :II :I jJ I :E:C .IE 4 I E . X2.5: :I 04D ITEM $8. 6' CI.AL AANIZEID C;ORVEIG POST 3 EA.. 5; $282 = $846 :I`JG"EM 261 GAL'V'AI^ 17-F.ID RAIL IL 5I LF X $8 = $408 0o ITEM 2216 PENCE REMOVAL 40 :LI° X $10 = $400 NIB. GREEK PRIVACY Y SLA'T'S :INSTALLED 4 EA. X $97= $385 Total Price.. $3042 Approx. Delivery Date 4 k� Week of: 2-3 WKS ARO Completion This contract subiect to Terms and Conditions d e. reliedtations cannot be on. a► modifications writingunless in and signed by bot -Darr LJSt 11171el' Salesman..., II hereb a k�owIe g ane f6af tom oo ple��on of the above described work. Page 340 of 808± MARTINE ,""`NC E,,CO. Davie, FL 333141 862 13th STREET, LAKE PARK, FLORIDA 33403-2383 did U III INFIE., Date: .? ................... ........... . ... ............ ................... I .......... . ... . . ............ .......... . ...... PALM BEACH: 561 •848.2688 - TOLL FREE 1.877.777.3212 - FAX. 561 s84&4466 Residential to Commerciat®1 tri t Page 342 of 808 !�Iln 111"ence Slant: 06 Thursday, August @davie-fl.gov> 111"0; ,2015 2:34 PM SuEsiect"", mfence@martinfence.com Aftaclimel-It"s.. Town of Davie Fencing Services Extensi R2012-237.pdf I The Town wishes to extend the fencing services bid approved by R-2012-237. The current bid expires 10/17/2015. There is an Option to extend the term for an addo itinal three-year Period. Please indicate if Your Compa Would like to extend this service by sending written correspondence either to the address or email below, If YOu have any questions, Please feel free to contact me. Thanks. I Mike Scott Operations & as Public Works & Capital Projects 6901 Orange Drive Davie, FIL 33314 (954) 797-1243 - Office (954) 257-9759 - Ceil (954) 797-1246 - Fax rnike_scOtt@davie-fl.gC2 11 Page 343 of 808 M 10-26-'12 12.04 FRCtj- Dear Mr. Greene - 6,691 r use. ' 1 Orange Drive 0 Darr!$, Fbride IS p4 2399 for taking the time to submit Fenoe, B-12-76. After a review of bids, ed +� ,w � r �� +, The initial term Of s n 8Thereafter, contract O + and egg on October the contract may be eXtended three (3) o additional year term by agreementMutual DeSimne at r.� i by the Twn �'' o -� �. r r approval o 5. Please contact me at (954) have any Dh' questions, Sincerely, Herb CPPo i CPPB, FCPM, FCPA 2g;er An Equal OppodunMy Emploor Page 344 of 808 �`, °"' 1, the Bidder, have com feted document pages. P and signed (preferably in blue ink) all required bid ,f ,,,,- 1, the Bidder, have submitted rri on bids not submitted on bid sheets bidproovided May rejected. the bid sheets provided, and acknowledge that d "`...... 1, the Bidder, have filled in ails paces on the pricing page as noted, and acknow that bids with spaces lett blank on the pricing page may be refected. ledged 1, the bidder, have included all information, certificated, licenses and additional documentatlan as requited by the Town in this bid document. . -.mm..., 1, the Bidder, have checked for any addendums to this bid, and will Continue to check for any addendums Wp to the due date and time of this bid. -.,,,.,µ. ..... ,.- .......... . I, the Bidder, have included on the face of the envelope, my company name and recur address, the date and time of the bid opening, and the b!d name and number, n I. the Bidder, have submitted one (1) Odginal and two (2) copies of the entire bid document and addendums, 11 the Bidder, have read and Completed P the Vendor/bidder Disclosure Form. -mmmmmm., !, the Bidder, have read and completed the W-8 Form. 1, the Bidder, am aware that a Notice of Town's website of davie-f! ov and lon thntent e own Hall bulletin boardAmmrd this bid shall be inthe frontted 0 lobby at Town Hall, and thst It is my responsibility to check this posting. I. the Bidder, have submitted all supporting documentation for Local preference eligibility, which must be received with and time, the bid package prior to the bid opening date mmm 1, the Bidder, have completed this checklist and it is included with my submittal. a!' ' AmF: SIDDER'S AUTHORIZEDKI in a Page 345 of 808 It own or juawe Vendor/Bidder Disclosure being first duly sworn state that: The fWl legal name and business address 0 kfgft-p� � 9-4m fe, 61, .............. 44" Z 10TN "s r- e�, ............ . . ............ . ..... I .......... I ... . ............... — ................... ................. ....... m.. . ..................... . . ......... ... . ......... .. . ................... Full Legal Name Address Ownership &Z /...J'qk AJ qr ......... .. .. .. I.— . ........... . .......... .............. . ... . .... ...... . .......... . ........ % .............. ... . ...................... . „_...............I..................................... .............. . e . .......... � o5t.) % . ........... . .................. .......... ....................... ................... 11 ........... . "I'll . . ...... . . % I Ille full legal names and business addresses Of anY other individual (other than 3uboont'ador-q, mfftPrWMen, sUPPfiers, laborers, and lendem) who have, or will have, anY If -PI, equitable, or beneficial interest ii --i ' Wit Full Legal Name Address Page 346 of 808 va jer Rr I I., --:� I-- - �L Name Date: . . ... . . . .. . . . �/, . . ..... ................... . .... SUBSCRMED AND SWORN To or affIrtned before me this clay of I?lcill *-X i t�! j, 111,11; r 201L by ii, I � ii MMAMM, -�,��na!l�kn0v�mtim�e�rhw p d he/she is ideMificatio.n. -1, .......... . ...... . ...... � ......... . . ........ . . . ..... as 24 Pfintcr` r tamp N N.. IS of . ota-ry M- P: Serial NJ,.Unber My Commission Expires Page 347 of 808 CEem— I @.A a % a 0 114 rur. ". ,� ........ . . ... ........ Hmy� m 9 N = ! 91A4iE BEEN ISSUED 10 THIE" INSURED NAME11) AREVE . ......... ....... PTANDING ANY RE UIRE 1::.NT,, TERM OR rnMIXTION OF"AIIII-Y C FOR THIlm CERTIFICATE AW,r im:- Mr -SUED DD MAY ER A1114,11111E IM"A"URANCE' AU..F BY MINTIRAG-7- OR 01"HER DOCUME-14,7. VWrl"? RESPECT 1 PERIO 01.1 WS. 'HE P01JCfi-S DIE" "() WHIM 119 . . . . ....... SICRIEF0 HEREIN #S &IN S In OAY .......... . .. EN REMmEn By PAID rLAIIIIA81, ALL THE TERMS. 'rfPE 0 ......... . ... F WSURAMWE srmTeRAL ii. 7iATm-u-,-)r-- Poxmr rquu .......... ................. . . .... . .... — ........ . . . .... . ......... VV lull 17L EA040DCURREM(-,F lAolk.ory 72582429-11 ... . . . . . . ...... 04 CLAMS-MADR.' OMMUIR 112 PRERM, MNIIRDw ...................... . ......... . - �..XP -10,00 . ................ — toloo 00 GFIRL AWREGATE MOMAPP1.9.2h MR Pmxy X "Ro- . .... ... . ................ 1 1.00 PROOL96-rs ON . ...... ............................ . .... .............. A(R A9170m -- UAAVUTy . . . ........... .... !— ........... .... .......... trip ften,, X ANY Aqffo Cm LfSIMEO 81114GLC LANT AZJ2202A6504 (EA lowdeng a AU.. CANNE10 AUTOS 12M31112 OWKY INJURY tper —.Irmn) ViN'kll:UlLY IMURY HIRED Au'rr,,,)% cei PROPERTY ly0N4)WWEV,AU'Fr),5 .................. 611 rua limo .......... . ......... X UMBIRLIE, .............. . ...................... . . . ....... . . . ..... Drom .................... ........... IV" XWcL7;;;;S e ...... ........ CLAOMISIMADE r I - M-"0lJcT?m.,p 1284-78802 1 '.E V .1.1.11 2AMU12 62Tt. ATENo MR rOMPA 11-1 7 WLU J;mECU-nW. "N hrn MmuElF. 304116c 03101142 d 011101.ma IM —.; - — -------- — . .. ....... . ...................... . f . . . ......... ..... DF9CRVPNr.M9 OF OPERA 11a1 I.., cgMll WtdMi ACORD 101, AddlvomzV 0 P"M SPAW 9A vaqw,,q DAVIESIR. . ........... ...................... ..................... ..................... . . .b �MDUILD ANY OF THE" ABOVIE DESCRU-NED Pol gcU�.q B11m, ?Mr EXPIRA710N OATE -MiEnj�.n T*wn,lof Davie ' , p- C"CELLII: 0 RRF`0RE ACC&ORDANCE: ORTF-4 Ta 1. NOTICE,' WILIL BE DELIVERED PUP Dept. -.19 POLICY PROVWK)ft. ........................ ....................... ................. . . . . . ........ . ......................... . ............ 6591 Oran gis Avenue AIU M0Rj[zL-V ptEpRr7 rL�N FATWF Davie, FL 33314 . .................... ;9 .0Z ............ ................... 1............ ACORD 25 (20091091 01988 The 2000 ACORD 0----R-P0jj�j1,47 ghth reserved. ORD name and 14�gc Ire regfiqteired mairkig of ACORD Page 348 of 808 Galvanized Fence Total ViUYl Coated Fence Total Tennis Court Fence Total Pasture Fence of Fence Removal Total Fence Rental Total W,„ A.1"")DROS S. . ...... 9w . . ........ r9 15,311 R, —A U ........ . . ........ DATE. rELE -PH'r,,',Y.IN.E FA,Lx#: We ..............II .1 "r,113ail Didderg mu,,st giY,:11[bMi,t a com p.lefied "IN 9 Form andn'C"DllrnPllf,"tel&,Bidd,,r'V,, dor Disielosl[gre, jjC�Oj.yjj. The Bidde rM to accept the Town of Davies Y"��Ngo— (Please check one) Procurement card M32 credit card) for payment, N Page 349 of 808 Page 351 of 808 ®1 11 ®1 ®1 P pli ® y r o I d 6P i B w W- � v ® ® 1 7 1 I'l�I , , "' &I'll", 11 i MIN` "I'm 1into's " . � Ch •y �° `�' �' Icy to �,, � � �' ge 352 of 808 Page 353 of 808 Page 354 of 808 1,4'o � I Im � MM.. mmmm am== 31 a o,001 chio ® o n Page 355 of 808 I # s .fi +r l # x. s r 4 } 1p t # s # F lF r v I MCI [-,1 001 py — 1 1 ^I vy M fPi P g 356 of 808 Page 357 of 808 Page 359 of 808 Page 361 of 808 N I '"i, "�x�. '�,�N '�n�l„ ^," �" �", a�'�u� "4ym �""M y 1�1s '9 Ex C4 '.4 CP W) 0 t tri C:D �4 n. n CD C8 I -i C CD '4� CA� a Ct CD C4 cS n. 0 0 Jel . ......... en m en M IC``'q- I r�� , N 4 cl C4 N '94 FIN7, "�-9�rlli INN, rl age 362 of 808 .......... ..... I ........... TT, r,',^;r aQl m ; on I,J Ale'"% rtn ''_ •••� �*If k �xn ". V4 III Page 363 of 808 ID "�rvrIlya"'"' w w'b vw'„tl k” IY"bi A �:: ✓ ' 4t6,,. 'gw'q, ' J pd'N A .F... r...,� MW 4 1 icy .....tl ��„ uY. DO rq wt Page 363 of 808 Page 364 of 808 -----A—M0L-U-T10N-0F THE TOWN OF DAVM FLORIDA, AUTHORMO-TM APPP-OPRIATE TOWN OFF10ALS TO ACCEPT THE BID RECOMMENDAITON VOIR CHAIN LINK, AND PASTURE FENCM(f SERVCES, WHEREAS, the Tow is in need ofthain link and pwt= tcneing servicw; and WHMEAS, the TO-*\% solicited sealed bids for the chain link and past= fencing wvices� and WHEREAS. afta reviI of the bids, the Town Council wishes to accept the bids as IbAows; Galvanized fencing and vinyl Wated fincing, Primary contracw Martin Fence Company, Inc, and Action Perim Corporation and secondary M"n Felice Company. Paswe fencing primary contractor Little Critters CorM. Inc. and serandary conuador X.10.k. Mailiteriance Servke. Inc. Fencing removal PnMary contractor Action Fence Caxporation and accondazy Martin Fence Company Fewng rental primary contractor Action Fence, CorporaUon and secondary Pmmd Lmber and Fence Company, Inc. Wri 117TAIE �-F �IIIT IFF co -177L OF THE TUTT OF 757777, FLORIDA. coftd fenein& prinmy contractor Martin Fence , ow, orporation mid secondwy Martin Fewe, GDmpnny. Fencing rental pritnary contractor Action Page 365 of 808 -- � - - - *nit-Prims-Pmviftd-by6mh bidda; §E�- �10N�- ThIs fwOIIWM SW Wm Off0d Immediattly 'Upon ift pasaage and adopdon. ic PASSMAND ADOPMD TMS DAY OF OcA:P&& 2012, r VED THIS DAY 20129 Page 366 of 808 CO -26-'12 12:05 FROM- ................ MEMORANOIUM I)AT)9-. ioPternbur 27, k12 TO- Tworb flypip -mapaw THROUGH; maACC411,111; hy I)jm:mr d4zubilu w6kks tvphal pro 4x* T-564 P10004/0905 F-746 fffl� M, Page 367 of 808 PURCHASE ORDER 10"ITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O 1B0647 P.O. BOX 310 DATE: 01/08/18 BOYNTON BEACH, FLORIDA 33425-0310 SHIP TO: TO: FEDERAL EASTERN INTERNATIONALl City of Boynton Beach 751 PINELLAS BAYWAY POLICE DEPARTMENT SUITE 106 loo E. BOYNTON BCH. BLVD. ST. PETERSBURG, FL 33715 BOYNTON BEACH, FL 33435 13lE0L)llSlll'll0lN N()'„ 011 IIXEIR111114G uDlIEF1,AR I 11110111EN F: C011V111141ISS1101M AIP ())VII E l�q �:� lll:� ID l�.:" IID!; WD fqlrl� P1113,10VEI EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST I'SIERVICE& p.o . .... rr) r)%,l 12072.00 ............. . . ................... ACCOUNT O. PROJECT SEE BELOW .............. ............. PURCHASING Page 368 of 808 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180647 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 01/08/18 —0: FEDERAL EASTERN INTERNATIONAL, 751 PINELLAS BAYWAY SUITE 106 ST. PETERSBURG, FL 33715 N10" Z 011RDE1113fl9(i DEEIIPAR SHIP TO: City of Boynton B- -O s POLICDEPARTMENT 100 E. BOYNTON BCH. BLVD,, 130YNTON BEACH, FL 33435 ............... ............... .. . . .............................................................. EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST REQ/ACCT DATE . . .... .. ------ REQ. BY.. PROJECT AMOUNT 00 70491 : 12/27/1 7 --------------------- ....:POLICE . ... ..... . ........ ........ ....... 4500.00 00102001105215....... 222 0000070491 POLICE 6072.00 00121105215251 0000070491 12/21/17. POLICE 7 sm m. 1000.00 00121115215251 ... .. ..... 0000070491 12/27/17 POLICE m. 500.00 0012112521522.2m -------------------------------- sm ------- ------- :19JOLI44 ce► Cs Page 369 of 808 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $ 102001 C'W'9: 11/3/2-017 ............... . ............................................ . ................. .............. Requestir-jig 1[)qp&rhne,i*t: F::101NICE Coit-ftact 111:�Ieirsifflrt: capt Steve E.:�urdelsl<j .................................................................. . ....... .......................... ........................................ . ...... . ..................................................... . .......... ft,131antriltJorl for Piuirchas�e: ..................... I ............ .............................................. . ......................... . .......................... ............ ........................................ 24, bailistic heIrriletS for SWA-r "I barli uise. 1 hesie heb"1111E1,4S MIll re flts thc'xt have ireachielidl the place Llf 'h 7F�- C ) ices e I -d rpt II t,ilsefWl icy,clip, arld loirnvide atiri advaince lievel of heiad/biraiini proteiclboirii fal the officein,,.; rl j.Jj ulfillizing them during SWA1 operations. K.12"..C...D...1""n rw'liieride.id Ve,ndor Federal ... ....... ....... I ...... . .. ...... . . ....... . ...... F.,asti—ernini . . . ............... . . .............................. 111ai,All-noiurjjj�l�, of IFlitirchaSip, ..................................... . .............. $12,0172.100 .............. I .......... ...................... . ................ fo3lrPuir�chaso Three Written Quotations Budgeted Item State Contract SNAPS Piggy -Back Emergency Purchase up rn;,.tteri,,W[S GSA PRIDEIRESPECT Sole Source Budgeted Item Other ..................................- NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. I ........................... — Fiiu,,inid Solurce for Pu'rch, a s .......... e : ............................................. . ....................................................................................................... ..............................................-,- 001,,,,21 ..............................................-- 001 21 H . ..... 521-52-22 ($45010), 001-2110-521-52-51 ($6072),001-2112-521-52-22 ($500), and 001- 2 1111 521-52-51 ($J()0Cl) ApIp, rovaj&: De; aiftrruern't Head F:Iiuirciha,siing Agent ............................................... Z= ................................ A&SIr City Manager MMIM= F`orn'b(Revised 102MIM2 Date ........................ . 1Z . ...... ?R�EL/ Date ................................ ............... Dii-atie' ..................... . ........................ ....................... Rat.e if, I "JI ( C""', Page 370 of 808 ul H P4 H z ra ppW Wr E-4 H 01 I M, �M le Page 371 of 808 z p H ZOM C14 H I'D C) C! C! E-4 EA 11, Cq 0 0 0 : Ln ai o Ln j C) H m Rn 1-4N H A� H 110, rA > � w W m H OC4 Wc4un FQI coo H Z 04 CX ED 0 1 ONCOLD c:> W rq.-q r -I Ln 0 t- co 0 z M KD LD CD rq H C� Nul PQ p m x 0 M I a% ri r4 z V3 W 0 9x 14 M Ul E4P E-4 4 H Cz 0 Oc3c) boo M no, c) oLnv ca 1-1 N r N CC; H r- mr- O w 0 (A 0 m a C -A Ln H C4 r'1 to °J N H p ri r1 rti H 0 m 0 U r17 1z 14 04 I'D i N 0 z W P 0 H s 14 VIII a all m W Wa4 nw r4 rg M ul M 0 >1 U to 04 U) IX M W > Cxl W M ra m W 14 u) mp Ix MF14 H 0P.1' U) pq 14 P4 04 H W �4 z M H H P4 HE p4m zmzozozmzo p ro B rd 0N W 9 0 9 w A4 rAHWmmmwHmm Ono 0 0 0 H Ho W H 1HZZ &-I -HH m a 04 P4 u N r4 P4 IHHXOsI HH w N m kSl N N N Ln P4 M 010 p C14 MW Ma) Ln Ln Ln Ln r4 ri H cn 0 H kPq 6[g V9 Id9 E� HO E-4 0 RHE &4 0 H rl a4 E� 0 H ON N N N ri H q 6 HO 0 20 -1 H H 0 C) 0 O 0 C) 0 , I U2 �;UUH ZD4UM MUM O M H M ,a . z9x N U2 HR H r-4 ul H P4 H z ra ppW Wr E-4 H 01 I M, �M le Page 371 of 808 'Irluatel, Date,: 2.11-17 lr,,�LWOte- Title., Strikeir Helmet CIDIIUIllltactl: SclottS'It aley Customer Naeut BoYd"ItOn NI eI aclh Police Depart,iment Akiid1dress: 3501 N ClOrIgress Ave k",'inynton Bea ch, Fl 33,426 PPIOrle 1 Nuirnimr: lll�ax INUMbiwin, g1gajeastbbbfLus L_ 0 .......... iiiant!"t Atern Plillurnber/ esc III)riptilon Unit Price R i ' ne'"'To—tiM Striker ACill IC IIIA k-figh Cut Spec Ops Helmet, , s 24 Includes CA�W 1711 Ar.I.Justable Diall Reilendon "Bystern, $498AM $11,952.00 .4 L, r ker A IIIA A �j it !`U t' i Cill!C Jndud CAIW AR(C!Rail SYslem, 1h4VO. 15hroud . .. . ...... tign nn Shipping Best way $12O.Do $120.00 ....... . ......................... . ................ . ......... .............. mm,,,,,,,,,,,,,, . ................. G.. rand $12,1072.00 ....................................... ........... ro . Akl� 10 DelbwieiiV,jf Tlmii�:[!: 310 Days, Plglilvii,inleiwllt lllIiiP1.11,lrms Net 30Daly�,�:- P') iR Te ,F�irelgl Freight Ce,,� V% Validity 11113atle- 90 Days -010 ,Quoteld IIBY. Downing — (40,,14) 41!515 123.4 "I"hank, yolij fU alloviling F`ederM Elastwn IMrernallonaj, InC, W PrOvIlde yiou with H qjuo.e., If you Iru gQ...uDlr. fuftheir assistairme, ir.)r have� an,additional questiorm, IpNease contaclf< us at:v Corporate IIliing Add .4320 Deii::wwood I.Ake Pkl%�y Sulitle 101 . .... 460 lacksonvIfle Fl 3221160 Tellephoirm llldturnber:' 2.7-827 2997 IFax M,imlbirir, 727-954-8&),q Websibr-,�.- vvwlw,lfedea:slJ:ntl.c:orn POHM"SUf,)PI'V and Armor Servicg.-CentersKairNM.-Ad,:„ 902.4 NW 25th St, Doer -;W FL, 33.117::;+ Broward rall.,11q,j�.y 9 N StalLe RlDad '7, Mant.awn, Fl- 3:3317 Form Number., F-720-I0B DCR Numbe Pa"g-61'172 of 808 SERIES � A I HC: ADVANCED EW HO MET LEVEL IIIA HIGH CUT HFTWI PIrlrutecVom E..evell HIM according to NIJ E 106.0 P including drag Esrokection according to W -Rd 662.( N'UJ Standard 011 O , , Tested :mnd verdfied to meet or exceed IbaNstfc rresi.stancle as .specdfued undelr NIJ Standard 0106,W Uty arra NU accredited Ilaboxatsary Matlerr&afs fradlsdiilr fanners and thermoset resin shell cranskrurtion (Head Ifnrotection, E romW, back, crown, and top of head Adjuastablil Multiipie Harness options and carnes standard With tea r n Wendy Caarn Fit 4 Ent. Harness Padding: ID30 TRUST 7 Pard hO malet sysierrrn OptiOAah fkfas Care Kalifs and 5hm,wud Warranty; 5 years on a1V bAfisti maata„riaf excEaJdirrrg exterior cover and I Y* aar cm exfierior ccawra=a mate r a and workum'aamsinjp I oupl pNu9lll��l�li �ri�i ii � i i /i ii yryry i ESf64C� DEQ€Ril&N (0YO'UTANd C�EfkGE+� OJIViGR:uN NAVY MJr6+ `rat'Vf wwu.iilymV p:rrs��^rt�N:.Ira:rN^ m:r. U II681ha: �a RPN✓J�k�M,N� P i I:p; raojl(I x rl'u11 wb II II.1 uW KVIgp A. &: p;r6r NII, .'ILY II:iA" NP "II(urah"WI(Y f.1..'^rh,,:u. �y ,'F.'sIPfirl)Cll,°,jlfI':VII'all kt, IIGKt ou11k;Wpd,lbV;ai.u:Lll,h a,,J IllcWr .q.&I°i,°I' ollrt+R ,.w'. a!'i"?vA9ed R1I, B:Irna. W [, n v. LDlt p: a duux;wdull rrll'YSpmfti Om�.Y YTa Il lr ac II w Vu -:R 0.0 m LA p o i,V .Irum p 'Vu r A i" Ilrn I +I G m u"Wlrc m q p,x II: a Ilul n. a laa" a I{ Mnu rro.. arc. Ilxuv., a Aa'^8°*I aIU rww:clr.:� R16. r"nnu;,m»rc.rcr,�� + rr w,n raUm,. Ily w +M V+r rl a nflIvO w. Vu Ix o uU'awNB Mh rn. wllrm'Vr r !LBuR dp a«�tlul Va mUra.Wa u,n roa-II u^"rc. n a BI y., oNn M,IY.,, r, 5x IXII IIn u'�R,r0l,N ul �::ll a°u.pv aoµyq, A�pa I. Ih a�i4�•h x:w aXn: Tl.�nnfi'ur u.ti .Jl,ll;u, rall5larypTlllms u 6 III rwVR r. ,u"acral :�c Rm i14,�. YR ae Iln::a II wm +A*: c qcu 4aoan n ll II N o avew rd r b 6U n @wall IP 4vIas „nil a rr Ilanll nV n Maa ICurc wx. a ua Va a^tlr. a' I �nw;ar:Y:n ucrc II n wryU:;V a wt ILL, n I a - II ��:r.Va Rr Nuv aIY � V r n a n. �VU,cr nu rc uv �t,uo, wlf I � ¢ a q'. c;r u U U,,II I:�u nH ruliprc u. rK I,: re:v� ,oma„v,u�, w„o.�u ...0.w q ulna uau ra x tigaRir.aat b SII nu U r I - �uaw, Pubin nl :r lLUnuul r, Ilu Ntt,dI Ln,biq auVa Il1410,:r:Ile '0,114 IfOla” y 'a�^ I r p.yr.lvn a COPY''RI)GH PINowl1rrlr. V Bralll 'W f" all, ^Nd MP $ W,,ul a e,m1bc II U'rc'j q.nuuaNtt pin u"xUrru�n,e.d romw rr.V Rya na,0 u^ r^ , BcV°m aar u v if 'rd N1 .9 A rVa r:^ µ,d Ie' ' rpl o v .V":, n' pr.r I, V .^fl, i,m" e...u.,° .¢v,u+k rur Arc .N' qaC „pMd:k.^!, Ilrc.",Iw°,BI- iIftr 11 qll ,.rn-irunrlb. m'a .qu r, It'll"IIG: 4 UR.IKdIl, 'Inn I nl5'"r M:«HIIvnII:VI,��0.MN r:ut:l1 :0.11 ;WKRp. Page 373 of 808 Customer: Scott Staley Quotation VALID FOR 30 DAYS Boynton Beach Police Department Quote #00 1201707 Date 12/08/17 Rep RSO 100 E Boynton Beach Blvd, Boynton Beach, FL 33435 staleys@bbfl.us QfyDescription Price Twal Each ----- ------------ --------- 1VIT'd Cwribaj,ffigl�. Cjjjj jj�ajji&Ciju 98009004395 24 Syge LY21ge,,Green, Rail I3in, -3pi'Nif�btvisian Shroud- Incluides'7 Pad SyStein and Dial 550,96 13,223® Adiustable System. I ea/cs Sub Total S13,223 0,4 Shipping 5166,11 Tax $000 Total '111:3,n289,15 — ---------- Phone: 561-613-9833 Fax -561-2184140 Web Site: www.Tescue-operations.com Please send remittance to: Rescue Operations International 911 SW21"Street ]Boca Raton, Fl. 33486 Page 374 of 808 Ufl]M Boynton Beach, it of (FL) AM., Aecounts Payable PO Box 310 Boynton Beach FL 33425 Ea' 01 o FE0077462 1211212017 GT Distributors - Austin P.O. Box 16080 Austin TX 78761 (5 112) 451-8298 Ext. 0000 51hip Tw .. ..................... Iyriton Beach, Chy of (FL..) 1010 E Boynton Beach Blvd Boyinton each FlI 33435 Mn r iNm -- Shl Me No. BBIPD HELMETS 010543 SII ' ' OSI000 1,719,187 U:m=ntjj- � v N u W . Uhit Bid 24 P"rA-DELTA4-Hc-"rw' Delta 4 $511.06 $12,265,44 radical Green in Color 24 l"TA-MIL.-SE"T.-BUNGIE PrinieTh 114elirnW Rail SM IAII NVG Sungee'4 IEA $84.60$2,030.40 "radical Girm.n fin Collor 24 lief A VAS-81HROLID-TR PROJ'ECH NVG SI MOUD FOR DELTA 4 EA $53.10 $1,274A0 Tactical Green in Color 'I ISIOTW Notes:: EA $0.,00 $0.00 Pridng lbased frorn NO Contract 46'151504 -NA PO-ITACS A r'9'urnI mu I* autharb.x,)d Inteirest charges an past ' 15 57024 d Ue invoices - s!It!the ma)r.jm�jj .570 "24 tTOW14 .0,00. Your sallesperson is,.Ieff Ludwig.Tharik Yoij, &00 0.00 7 0 $115u57 24 024 Page 375 of 808 PURCHASE CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD 180648 BOYNTON BEACH , FLORIDA 33425-0310 DATE: 01/09/18 1W.A Ifp40NpY 111L kN11:1I tlV'I m .. ACCOUNT NO. PROJECT 401-2810-536.64-02 PURCHASINGPage 376 of 808 SHIP TO: O: CORE & MAINCity of Boynton Beach 1830 CRAIG PARK COURT EAST UTILITY ADMIN ST LOUIS, MO 63146 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 703 BB �'a CIIf � ,,114 111 .......... ..........m.., IIIill:, V IP 6 IP all D. u3,11111) L'4101� �:� �ilY l X13,2 31111 FTilhlOVIIED: M LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EKCOENDED ST 1 2.00 EA D5 MU TAPPING MACHINE 039305 1600.0000 3200.00 EQUIPMENT FURNISHED WITH EACH: D-5 MACHINE METAL STORAGE ::CAL9E+ ->>: RACHET L.V. BODY. GASK'I` ADJUSTABLE: WRETCH TWO D01IBLE , OPS EN ENC'ES CUTTING GREASE INSTRUCTION.MANUAL 2 1.00 MIA D-5 MACH TOOL KIT FOR IJ.I 682.2:99 2775;:0000 275.00 3 1.00 D'-5 MACH :,TOOL KIT FOR PVC. 682300 1:880.4.000 1880.00 4 1. 00 EA H603 ELECTRIC P0WER::..0PERATOR 3035,10000 3015.00 RE.. ISSsm PER QUOTE NO. 275584 DATED 1/9/18 1W.A Ifp40NpY 111L kN11:1I tlV'I m .. ACCOUNT NO. PROJECT 401-2810-536.64-02 PURCHASINGPage 376 of 808 ftte, 1121 Dec- 1 CITY OF BOYNTONBE ACH RWK."ITFOR, PTJI,,llr.,HAS,E OVER $10,10100 11equiestinig Degmirtmienit: Utifities-Walteir Dist Contact IF:11,01'IR 11VIhI..mo ......................... I'll .................. ............................. ...................... Ex1plairiation ii;�„ 'i r c iase:: 11 ....................... al Intal D--dtay Reqiii.,Iiest 17118 FY Tqjpplliii imia6lhine needed SO t ,9 1F,taxttl"I arIaratis 1�-IjjaclI potable and non -potable water. )7� (1111 i, four Relcomrriliended Ver i d o r .................................................... 116848 .......................... . ................................................... . .... ... ... ... . ..... .... ....... .... ....... . .... . . ....... I. 13 . .............. ................. c ............... NV u �i n 0 IF P mem �ii r c hias a � ON1.................... ................................................................... I Ii,,9100 . ............................ . ..................... ......................................................... ....................... ....................... OU11TO -W Pi (chec.,,k airild attacli Ilmekelp ............................ ,,,,,,,,,,,,u . ........................... irnatairials): ........... Three Written Quotations State Contract ................... :1 SNAPS Sde Source ........... Piggy - Back BiudgetI Remain Emergency Purchase Other Contract Number: .............. . .................. Rtni�d Source f IUllllrch-ase—: 21911 10,,,.531 .64, 102 01 Deaite: Id „m••„„ IIIA ................ ... Pilji--ctw,,sjngAg(, _... ,-, "I ... ... ...... ............... r'I chit Il ainialger City Manager Form FReWsed 0,2,10-1 IDate i Ir ................. I.: .............. Date MW Page 377 of 808 C%l >1 0 CCY Ul 20 rz� a C ; L5 Ln C) �A M Nr- CD m C,4 rn P4 0 Ln go C3 C� Ln w CD 0 0 Cq M X15 p ca OD Z 01 �?4 0 ou r4 0 P M 0 F -I 914 Fq m 4 (D z ME� H M Q E4 MZ ED 0 W EP tQ W4 m CR 0 DQ ag W of W cm P4 0 H H cx 04 M C19S68 e pi LO 4 NWM 0CD&�m STt 0 E-4 Z ko E-4 z I E-4 14 �1 a72 N L) N ou O H 9 U M U U M: 04 09 r4 N99 z m 0 M 014 14 E., w WO U4 M 0 r�4MC g1l M 0 E-4 Ix H E-4 Ix F-9 �CPIH 04 Hma� H OMP4 M M4 WI 4 4 M pq g 4 VEI I U �111 Ell, MORZ,p 0.... F4.— M 0 �z 0 0 H 0 P, PN E�>4n P>im A4 0 P0 UPO P01 -40z000 go"E 1-4 0 6m XH -�W MQHrx 0 000 moo m FqEu Fu Eu Eu 8 :�MPUQ,20 mug mog moo 0.109 Ma ZUM ON M Z C4 6-9 CM beg m H m CV m v �z 0 ::D 0 u"> C3 a U op c; C; C; H H a Page 378 of 808 i , ao W W W H P W Z 0 + cs H , W �a U + e 0 i + H + U3s M + Hb ul rx to r , + i A7 + r EdJ 6-d i Qy s-7 H i 15 1-+ , 0 +, + N 404 z H + 0 O •rl H +Z rd H 0 I H dam, +�3 ba) FJ! 0 pad-, + W Qfb Page 379 of 808 REQUEST FORREQUISITION EN'TRY DATE: 1 1218/21017 H.T.E.REQUISrFlON # Pro: cuiremewit Ass't INNIMM City Managear (Wolin. bu capW wid1cir, $510110101 1 `iiiZl:..:..:ASON IIFOIIP1 Ilf::l'MiRC'iHASEll:l: CMI OUT11 AY IIREQUll:,,:,,:S Ir "'M°uls FY �pph ii —oeis ineelded, moo "that HI -mine airleseip—aiirntp. 'ir �arl ....................................................... L . ................................... . . . ...... ............................................ . —e IMou Il ota-1)[eaii W —nion poo.. t—able —w-- . ........................ ater. . . . ............................................................................... ......................................... .... . .................................................................... VIE!..10101IFt IM' IF:` III RMXII 11101114: DiViSlON: 0111 . ............... I ....................................... ..................................... birrile- Care& 110,dh Forrnic. dy il M SiupjAy Aidiinithn. Illate: 31.1 � 11 q. ..... ................................. ASAF3 I(X Wateirworks Alddiir�:Dsi—1 10-1w T�lm —cs. i[ Engiiineeiriling ..................................................................................... L . . Date Nelleded- ........ . . coirl-firl.n. . ......................... L4 ..................................................... —13ealch,, .................................... I III ll:�l 3,,9 �'4' ..................................... ............. ASAI!:::11Morif, .................................... . . ............. L Mshirllml-i,Wl X) BAUKUP 11)OCS ..... ...... U11:11:11:11 NEW:! ..............._ ....................................... ............................................................. . �UAJ��JIRICU SUIRIM17 rii:,,: i!!�: U4......�............. . ..... ........................................... Flhilone (cloinitact):5161 �,848 4396 Water QU61. OttotesAfeirl3al . E . .—Ad,.740 V ........................................ .... . . . . ........................................................ .............................................. . ........................................... .......................................................................... ........................................... I . QuotesMiritter-i (X .......................................................................... E wriP 41 1( I ... ... . .......................................................... . ........................... . . ................................................... ver 2 jo 009) Veird rin bir..,,, r :: 1 684,B FIWTireat. ( ) . Bid Doc, n ( ) . .................................................................. W. WTP 42 ................................... .................................. . . . ............. . . .... . . . . . ................................................. �I'Aleter Seiirv. i( ........................................ . ...................................................................... Siole Souir-cp 1 tr. . . . .......................................................................... . ..... I P/L.J INIMAT01IR: IlN:,,q,raiirid'moa ,Mliiiiglo,,, UFT' Siewage ................................. linsuraii oce M� SIjpelcil,dll . . . .......................................... ............................. L . ........................................... .................................................. FRI hrerneii wits: ............ .. .................................................. Al:,'OPPO VIEM: ±L�iLL— l::::llr0j0ct llqt.jlrnl.)er:: ............................ ......................................... Quain L.1nit ll:::ldce DesciijR�on & I"larill lq!�!iriniber ......................... ................... . . . ................. . ........ lurild De, I iBasic icip— — 1::::]eiiriir�a ON Arrouint W0.010 11)5 Mt.) III"a9 ir pp�ln Malchinis 039305 — 4101 28110 536 -=� ............. (54 102, $32,00.1010 Z ll:..:..:QlUIl�:::lllW,ENT 11:::1 1F�UNlSHl:..:..!D'M I i III; Ill L D...0 MACRINE Z IMET"M STl0lRAGE:..:., CASE IRAM I l:.:..:.T 1 l!,:j0DY GASiP(l::.::.: III ADJ US III'"A131 E WRENCH TWO I...)IOU1131 E OPEN E::NWRE]IWGES '!,AS GUTTiNG GII 114 sill"FUJIc 111 1019 MANUAL. $2775L,0 D -5 N 'C I I 111 0101 KITF:::011RD11682299 . . . . .................... 2 7" 7 u',0'0 .......................................... ...... 1 . 1880.0� F::'QlFZ ll:::'V,C 682300 0 ........................... . --- ........................................... $1880M10 ... . .................... $31015.10 H603 El IEC 111"MiC 1PI(MBIR 0F:lll::..:.RXl 10"ll: R ..................... I 'I: .......... H., .................. . ..... ........................ ..................... " —�7 —$30-1E ,00 . . . ............... . ........................................ ................... I...— I 10"Ill"AlL. . ........ ..................... Page 380 of 808 The City of Boynton.Beach Ufflmes beparts mt 124F- WooffirkhtRoad Boy -tom BONO& Rondff 33435 Phone (561) 742-6400 ' (561742-6298 OFFICE OF THE DIRECTOR OF UTIL.1riEs � I111:4,,IAL ,,,III,,,,,AY EiQl ES1,,, �..a� 1p„wlPm u a inmli'm e Nmwneem„fed', a ft th .. n ................ reteiw, eu :, a", e am°ale 1171a lhih'1e I�aw potal wee u,„w ii mi piotaH�ihe ......, ............................. ............, VENDOR #1: PHONE NUMBER: CONTACT PERSON: PHONENUMBER: N. PHONE NUMBER: Core D Supply Waterworks .,,,,,,,, m . 1111,,, . ,,,,,,,, ...... ...... „m 1111,,, ,,,,,.„, ,,,,,,,,, Javier e as ani � ,..m,,, 1111 � -,., 1111,,, "��"� � • �,� 3 9 1 6 ,,,,,,,,. . ,,,.„,, . 1111,,,. � u 0.. 1111.„ ......, ......,, ......... ......,, ...... ....... ......,............................. ............ ......, m 1111,,, ,,,,,.„, . . 1111,,, m �,,,,,,, m 111 and wat � ,...m, ,,,,,,, 1111,,, 0„ ” .7-2 0 1. � ........................ ...... -111,1,,,..........................................................m . I .............. . . ......, - ,,,„.,,,,,,,,,,..m,,,,,, Mike 1 -au,,, 1111,,, 0 ” 1.�. 1111„.................................m ......, ....... ......,I'll ........ ........ ......, m ........ ........ ........ m.............................. .................... ... .... ... NO Q1 JOT-P',/FA.T1 I IRE TO RESPOND „ , 1.UVA QUOTATIONSATTACH THE ABOVE I T'® Page 381 of 808 ................. DEPARFMENI'(T]qD: DIVTSJON�� Water Distribution DEPARTME114"TNUMBER: 28]0 Item/Project Name: Mueller D5 Item/Project Manager: Brandion Mm'2 . ......... AccountNumber" 401 2810 516 64,-012 I Inits Reiqu'CSWdDescription of Itlem/Pro " - " t' MuellcrD") 1'a Nund!)er of Similar 8t5 Mach Tool Kit fitr [)l Units oc Hand: D5 Mach Tool Kit for PV,C 1 11603 Electric Power Onieratoi Explain need fbr die eNpendiwm Scheduled Replacement Replace Worn Out Equipment Resent Equipment Obsolete Cut Personnel Time Additional If're0acement, describe itein to iw replaced, Disposition of iten,ii replaced Prilotill3p, Rating., New Operation Increased Safety Replacement Sale Trade in Scrap Other D2Ut. use JuLstilfy need fiar 1his item., imAuding use: A selcon Lichine is needed„ so thrat there i orate rriachines 1. 1 � atable midnon obib le walker, ............ I I ................................ ........................................................................... . ............... ..... ....... .................................. .................. VVill, requested explenditure reqvdre additional pemr.ninel? a 1.1yes', exph-iin: yie"S: � Nir.,m. X Cost a I . . (2)Pollardwater (3)Failure to respond Page 382 of 808 @EElm- FormerlySupply BOYNTON BEACH, CITY OF Core,,�e,,Main Bid 01/09/2018 1101 W 17th Core & Main Bid ® 275584 RivieraBeach, 33404 Phone:561-848-4396 IIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIImmmmmmllmmmlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll......11lllllllllllllllllllllllllllllllllllllllllllllllllll mIWmmmmmlllWmmW�gllm 561-845-7267 mlllllmmm'rimIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIImlmmmmmmlllWmmmmmlllWmllmlmymmlllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllmmmW.WNmmIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIpIIIIIIIIIAIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIImlmmmmlWm Qty ci its Price Ext Price l10! v T� I C I 93 g 1,0.00za 5 `., EQUIPMENT FURNISHED WITH EACH ° ! 1 30'.1 D-5 MACHINE: 4 6 El METAL STORAGE CASE o, Q RATCHET HANDLE 69 i70 .. i. W .ryBODY GASKET L �. 0Ll TWO CiR s i CUTTING REASE ...,s._ .El 0[ .,, � . 10 g C i 120 S ®5 MACH TOOL KITFOR DI 682299 E 7t. 2775001 130 1 C L I F VC eOPERATOR EA f.. _ 1 g 8 66 140 1 H603 ELECTRICP A j ,015e 3,015 - b I Sub Toial 10,870. Taut 0,00 BranchTerms: Total 10,70.00 i aPricing good for 30 days, i „„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„„IIIIII..................IIIIIIIIIIII„.,,,,,,,,,,,........................,„.,,,.IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIn,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,........................,,,, , 01"I Il�:il/7iC;�lllwaIIIIIIIIIIIIIIIIIIIIIIIIIIIIII,,,IIIIII,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.IIII.IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII,,,,,,,,,,„�,,, ,,,, ,„i.6 1Oa�� Actual taxes ay ry Page S �3 Page 383 of 808 aemm- Formerly HD Supply Waterworks Bid Proposal for Boynton Beach - Mueller D-5 WAREHOUSE DIVISION 222 NE 9TH AVENUE BOYNTON BEACH, FL 33425 Contact: Brandon Mingo Sales Representative Javier Rezakhani (M) 561-472-4693 (T) S61-848-4396 (F) 561-845-7267 .!?Viet Thank you for the opportunity. Bid Date: 01/09/2018 Bid #: 275584 Core & BMain 1101 W 17th St Riviera II FL 334 Please advii.e on additional equipment to be selected (see attached): El Drills and dr -111 holders - page 2.9 0 Shell cutters, cutter holders and it drills - page 2.10 U Drilling machine adapter nipples - page 2.11 Q Power operators - page 2.13 .......... . .......... .. . ................................ .......................... . .................. . ........................................ . . ...................................................................... . ............................. . . .............. . ....... .. . .............................................................................. . ................. . ..................... ...... . ................... . ......... . ................... . ............... 8 20.45 AIM Actual taxes may vary I°age1. Of 3 Page 384 of 808 1. AN references In this document to "Soper"shall include Core & in UP and / or any parent, subsidiary or offillate of Care & Main LIP (including any division of the foregoing) whether or not performing any or all of the scope hereunder or specificogy Identified herein. All references to "Buyer' shell Include all parent(s), subsidiaries and affiliates or the entity placing the order, Buyer and Seller may be referred to individually as a 'Party" and Collectively as"Parfies',. 2. All sales to Buyer are subject to these Terms, which Shall Prevail over any Inconsistent terms of Buyers purchase order or other documents. Additional or different terms and oundiflons in any way sharing or modifying these Terms are expressly Objected to and shall not be binding upon Seger unless specifically accepted in writing by Sellees authorized representative. No modification or alteration of these Terms shall result by Settees shipment of goods following receipt of Buyers purchase order, or other documents containing additional, confiding or inoonsistard terms. There we no terms, conditions. understandings, Or agreements other than those stated herein, and all prior proposals and negallations are merged herein. These Terms are binding on the Parties, their succeswirs. and permitted assigns. 3. Prices on Seiler wabsite, catalogs or in Seller quotas are subject to change without notice, and all such prices expire and become Invalid if not accepted within 10 calendar days from the data of issue, unless Otherwise noted by Seiler in writing. Price extensions N made are for Buyers convenience only, and they, as wellany mathernatIcal hipmerds will be added to the purchase price, and Buyer shall reimburse Seger for any such tax or provide or local authority. Any taxes now or hareafter imposed upon sales or r -5. excise. or Other governmental tax or charge payable by Seller to any federal, State stenographic or clerical errors, are not binding on Seller. Prices shown do not include any sale as Seller with an acceptable tax exemption certificate. Al prices and other terms provided to Buyer shall be kept confidardial except to the extent a P84 is required by law to disclose the same. 4, Seller Shall not be liable for delay or default in delivery resulting from any cause beyond Sellers less0ftable control, including, but not limited to, governmental action, strikes or other labor troubles, fire, damage or dastruction OF goods, wars (declared or undeclared), ads of terrorism, manufadurerV shortages, availability or timeliness of transportation, materials, fuels, or supplies, and acts of God (each a "Force Majeure Even"). Upon the occurrence of a Force Majoure Event: (a) the time for Seller's performance shall be extended reasonably and the Parties shall adjust all affedod dates accordingly; (b) the purchase price shall be adjusted for any Increased is to Seger resulting from such Force Majeure Event; and (c) Buyer shall not be ardifled to any other remedy. S. Soler is a reseffor of goods only, and as such does not provide any warranty for the goods it supplies hereunder. Notwithstanding this A94s limitation. Seller shall pass through to Buyer any transferable manufacturers standard warranties with respect tog purchased hereunder. BUYER AND PERSONS CLAIMING THROUGH BUYER SHALL SEEK RECOURSE EXCLUSIVELY FROM MANUFACTURERS IN CONNECTION WITH ANY DEFECTS IN OR FAILURES OF GOODS, AND THIS SHALL BE THE EXCLUSIVE RECOURSE OF BUYER AND PERSONS CLAIMING THROUGH BUYER FOR DEFECTIVE GOODS, WHETHER THE CLAIM OF BUYER OR THE PERSON CLAIMING THROUGH BUYER SHALL SOUND IN CONTRACT, TORT, STRICT LIABIUTY, PURSUANT TO STATUTE, OR FOR NEGLIGENCE. BUYER SHALL PASS THESE TERMS TO SUBSEQUENT BUYERS AND USERS OF GOODS. SELLER EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER ASSUMES NO RESPONSIBILITY WHATSOEVER FOR SELLER'S INTERPRETATION OF PLANS OR SPECIFICATIONS PROVIDED BY BUYER, AND BUYER'S ACCEPTANCE AND USE OF GOODS SUPPLIED HEREUNDER SHALL BE PREMISED ON FINAL APPROVAL BY BUYER OR BY BUYERS RELIANCE ON ARCHITECTS, ENGINEERS, OR OTHER THIRD PARTIES RATHER THAN ON SELLER'S INTERPRETATION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT, WHETHER IN CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY OUT OF THE PERFORMANCE OR BREACH OF THESE TERMS, SHALL SELLER BE LIABLE FOR (a) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES SUCH AS LOSS OF USE, LOST PROFITS, ATTORNEYS' FEES OR DELAY DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR CAUSED BY SELLER'S BREACH OF THIS AGREEMENT, (b) ANY CLAIM THAT PROPERLY IS A CLAIM AGAINST THE MANUFACTURER, OR (c) ANY AMOUNT EXCEEDING THE AMOUNT PAID TO SELLER FOR GOODS FURNISHED TO BUYER WHICH ARE THE SUBJECT OF SUCH CLAIM(S). ALL CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF ACCRUAL OF A CAUSE OF ACTION, 6. Buyer shall indemnify, defend, and hold Seller its officers, directors, employees and agerds harmless from any and all costs (including aftomeYV and acoountarrW fees and expenses), Liabilities and damages resulting from or related to any third party (including Buyer's employees) claim, complaint and/or judgment arising from Buyees use of any goods furnished hereunder, as well as any negligent, Intentional, or tortious ad or Omission of Buyer or any material breach by Buyer of these Term. 7. When goods are delivered to Buyer in Seger's own vehicles, the F.O.B. point shall be Buyers designated delivery site. In all other cases the F.O.B. point shall be Sellet's store or warehouse and all responsibility and costs of shipping and delivery beyond the applicable F.O.B. point shell be borne by Buyer. Title and risk of Joss shall pass to Buyer at the applicable F.O.B. point, which for goods not delivered in Seller's own vehicles shall be when Seller delivers the goods to the common carrier. All claims for shortage of goods or for loss or damage togoods as to which Seller has the risk of loss shall be waived unless Buyer, within 10 calendar days after receipt of the short or damaged shipment, ghres. Seiler written notice fully describing the alleged shortage or damage. Partial shipments are permitted at Seller's discretion, a. Any change in product spedfications, quantities, destinations, shipping schedules, or any other aspect Of the scope of goods must be agreed to in writing by Seller, and may resuk in a price and delivery adjustment by Seller. No credit for goods returned by Buyer shall be given without Sellees written authorization. All returns we subject to a restocking charge. 9. Unless otherwise agreed in writing, payment terms are net 30 days from delivery, payable In United States of America ('U.S.') dollars. Notwithstanding the foregoing, all orders are subject to Selloes continuing approval of Buyer; credit. it Buyers credit is not approved or becomes unsatisfactory to Seller then Seller, in its sole discretion, may suspend or cancel performance, or require different payment terms, including but not limited to cash on delivery or in advance of shipment. In addition, Seller may In its discretion require an advance deposit of up to 1o0% of Settees selling price for any specially manufactured goods ordered by Buyer hereunder. Payments due hereunder shall be made in the farm of cash, check, or money order, or other tender approved in writing by Seller. Seller may, in its sale discretion, apply Buyses payment against any open charges. Past due socounts bear interest at the lesser of 1.6% per month or the maximum rate permitted by applicable law, continuing elver Seller obtains judgment against Buyer. Seller may exercise setoff or reOOuPmeyd to apply to Or satisfy Buyers outstanding debt. Buyer shall have no right of setoff hereunder, the Sarno being expressly waived hereby. Seller expressly reserves its fight to file liens if payment is not received for its materials and expressly disclaims any waiver of lion rights language which may be contained in any figure agreements between the Parties hereto. Seller reserves all rights to invoice and be paid for materials provided to Buyer and any terms *ordained in any of Buyers purchase orders or other documents that purport to limit in any way the time or manner within which Seller may invoice are hereby waived by Buyer, 10. Buyer shell not export or re-export, directly or indirectly, all or any part of the goods or related technology obtained from Seller under these Terms except in accordance with applicable export laws and regulations of the U.S. Further, a Buyer that is a non -U.S. company or citizen shall similarly limit any export or re-export activity to that which would be deemed compliant with U.S. export lam and regulations if performed by a U.S. company or citizen. 111. Buyer shell pay Seller all cogs and expenses of collection, suit, or other legal action brought as a rLsuft of the commercial relationship between them, Including, but not limiled to, all actual attorneys' and paralegals' few, and collection costs, incurred pre -suit, through trial, on appeal, and in any administrative or bankruptcy proceedings. Any cause of action that Seger has against Buyer may be assigned without Buyers consent to Core & Main LP or to any affiliate, parent or subsidiary of Cora & Main LP. 12. This Agreement, Buyer's account, and the business relationship between Buyer and Seller shall be governed by and construed in acoordance with the laws of the state where the applicable project Is located without regard to conflicts of lam rules, and specifically excluding the LIN Convention on Contracts for the International Sale of Goods. The Parties agree that any legal action arising under or related to this Agreement may be brought in the applicable federal or state court where the project Jr. located, and any right to object to such venue Or to assert the inconvenience of such forum is hereby waived. 13. If Buyer falls to comply with these Terms, Seller may terminate or restrict any order immediately upon notice to Buyer. Buyer ceffies that it is solvent and that it will advise Seiler immediately if it becomes insolvent. Buyer agrees to send Seller written notice of any changes in the form of ownership of Buyees business within 5 days of such changes. Buyer and Seller are the only intended beneficiaries at this document, and there are no third party beneficiaries. 14. The invalidity or unenforceabilky of all or pan of these Terms will not affect the validity or ext orceabift of the other terms. The parties agree to replace any void or unenforceable term with a now term that achieves substentially the same practical and economic effect and is valid and enforceable. is. The following provisions shall survive teinninalion, cancellation and completed performance of this Agreement as long as necessary to allow the aggrieved party to fully enforce such clauses: 5, 6, 9, 10, 11 and 12. Core & Main LP Terms and Conditions of Sale - Rev 052917 Page 385 of 808 mam WAREHOUSE DiVISION 222 NE 9TH AVENUE BOYNTON BEACH, FL 33425 Contact: Brandon Mingo Sales Representative Javier Rezakhani (M) 561.472.4693 (T) 561-8484396 (F) 561-845.-'7267 .Iavier,rezalkhanl@coir eandimain.coirn Job Boynton ach .- Mueller5 D Bid Dat .-- 03/15/2017 Bid - 2 4 . 7555 84 Core & Main .1101 W 17th St Riviera Beach, FL 33404 (T) 561-8484396 Thank you -for the opportunity. I' . Please advise on additional e uhIpment to be selected (see attached) - C) Drills and drill holders .-. /aae112a9 On 0 Shell cutters, cutter h.. ders and (pilot drills .-.- page 2.10 0 Orflifing machilne ad/ater nipples .-. (page 2.11. Q Power operators .-- age 2.13 11/09/2017 -1°16 PM Page I of 3 Page 386 of 808 Baca, Fablo From: Mingo, Brandon Sent: Wednesday, December 27, 2017 1.44 PM To: c, bio Subject. RE: Tapping Machine Quotes The other two vendors were Fewusov 9 -td Al Brandon Mingo VNMM City of Boynton Beach 124 E. Woolbright Rd. �. 561-742-6438 a 11 Please be advised that Florida has a broad xublic disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure, From: Baca, Fabic Sent, Wednesday, December 27, 2017 9: 15 AM TO: Mingo, Brandon 6J Tremaine ® FW: Tapping Machine Quotes Good morning Brandon- would you please follow up on the email belovm W", Page 387 of 808 Fabio Baca Accountant Boynton each Utilities City of Boynton Beach 100 E. Boynton each Blvd. Boynton each, Florida 33435 �. 561 742-6315 63 bacaf@bbfILus http://www.boynton-beach.org/ mp�" MR Please be advised that Florida disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Baca, Fabio Sent: Thursday, December 21, 2017 2:51 PM To. Mingo, Brandon Cc: Johnson, Tremalne Subject: RE: Tapping Machine Quotes IV From: Mingo, Brandon Sent: Monday, December 18, 2017 2:36 PM To: Baca, Fabio Cc: Johnson, Tremaine Subject., Tapping Machine Quotes ReRardin find anyone else who carried these machines. N Page 388 of 808 F'abio Prom- Mingo, Brandon sent: Monday, January 08, 2018 1:46 PM 1'e. Baca, Fabio sukliect: RE: Tapping Machine Quotes Brandon Mingo City of Boynton Beach -124 E. Woolbright Rd. k. 561-742-6438 0, MingoB@bbfl.us 1 0 httpwww.boynton-beach.org/ FrOM: Baca, Fabio Sent: Monday, January 08, 2018 11:58 AV To., Mingo, Brandon Cc: Johnson, Tremaine Subject: RE: Tapping Machine Quotes Brandon — the quote from CORE & MAIN does not include shipping charges. Would you please have the vendor revise theirquote? Or if they offer free shipping—would you r)le;,,s WIS Page 389 bf 808, Fablo Baca Accountant Boynton Beach Utilities City of Boynton Beach 100 E. Boynton Beach Blvd. �, 561-742-63,15 1113 1111 N-TIMT Vw='V! ? iiffW i_"X<2kMf 2 *4 0 � disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Mingo, Branclon Sent: Wednesday, December 27, 2017 1:44 PM To: Baca, Fabio Subject: RE: Tapping Machine Quotes Brandon Mingo Crew Supervisor Senior Boynton Beach Utilities City of Boynton each 124 E. Woolbright Rd. C Boynton Beach, Florida3343,13 It . .. .... . . 561-742-6438 IE2 MingoB@bbfl,us http://www.boynton-beach.org/ NN America's Gateway to -the Guffstrearn Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Baca, Fablo Sent: Wednesd%l* To: Mingo, Brandon FJ Page 390 of 808 Cc: Johnson, Tremaine Good morning Brn ill M M ez&)iki R Fabio Baca Accountant Boynton Beach Utilities City of Boynton Beach 100 E. Boynton each Blvd. I Boynton Beach, Florida 3,3435 14* 561-742-6315 V�M 11 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-maif address may be subject to public disclosure. From: Baca, Fabio Sent: Thursday, December 21, 2017 2:51 PM To: Mingo, Brandon Cc: Johnson, Tremaine Subject: RE: Tapping Machine Quotes 1112 From: Mingo, Brandon Sent: Monday, December 18, 2017 2:36 PM To: Baca, Fabio Cc: Johnson, Tremaine Subject: Tapping Machine Quotes Regarding the tapping machine quotes, we tried several other companies for a third quote. Unfortunately we could not find anyone else who carried these machines. 3 Page 391 of 808 Brandon Mingo Crew Supervisor Senior Boynton each Utilities City of Boynton Beach 124 E. Woolbright Rd. oynton each, Florida 33435 k, 561-742-6438 fZ� MingoBL@bbfl.us http://www,boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. Page 392 of 808 PURCHASE ORDER CITY OF BOYNTON BEACH, PROCUREMENT DEPARTMENT P.O.100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 80r FLORIDABOYNTON BEACH, DATE: } TO: HOOVER CANVAS PRODUCTS CO 844 NW 9TH AVE. FT LAUDERDALE, FL 33311 II......... ,II...... . . .. .... R=�iUII s�roIS 7 0 4 2 ��IDI,'FFII G IDEIIP° JIR If IFOIIENI'` TO: City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE ROYNTON DATEBCOMMISSION APIFIROVEU! II If IIF;',ICuIF;', .. ��- II'�-�b---..._, ..................-------............f_.I--------- I.................. ...... .,... ............... .._ .. mm LINELINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST ACCOUNT 4. 108-1211-512.52-90 1I..IF) 3;1...71.., 011 PURCHASING Page 393 of 808 Date:: 111',,2/15/2017 1 ................ I .................................................................................... . ............................ CITY, it BOYNTONBEACH R-EQUENSIT FOR, 1-YEIRC,1,1ASE 10"VC, R $ ('� 1.)P1000 Dqjj� )ioirtmieird: PIM lic Cointac;t Persiii�:)w' Gail Mootz ............ ......................... ........................ . ........................... ......................... "plianiabilin for' PUrCha11.s1W::' ................... I Repaihi ° awning, damaged from Hurricane Irma (Sept 2017) ............................... . .......................... . ................................ I ........................... . Vsndoiiir-, I F:'r-odUCh:.'W' ........................................................................ ...... ....... ....... ....... ....... . .. ....... ....... .... .... Dollair Alm011L1Hn1t i,::rf Ptti�x.;h aii ..................... $ 1 6 811, .................. - v S1':)1111..11rCL"1hY11r IF:kUrcl-iliase (cheickalr'i i J a �i t t d, c It -1b"aq,::kiiup ............................. .............:................. : mateirtabs) Three Written Quotations :: GSA State Contract SNAPS .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... . Sole Source 1:::qggy Back ................................ Budgeted It ................................ l:..:..:mergency F:�Ljrchase Other Coo�irifiract h1t..imber: .................... NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Asir,t. ('O'ity Manaiir.,,jeir° �CRY IW'11liru'.Vellr ��un�� Revised 02A)1/02 I , .......... ell, Diate Date .......................... — — ----------------------------------- Diate, L(pe Page 394 of 808 V J Page 395 of 808 Ln W I rq I R 0 1 0 A 0 0 ad rA BON OCq cq 0 Mat CD kv Ln Q Eq o Z rn 0 CD E-4 9 dp , Ci PO U -i i c., p F4 P4 124 sae 0 cl Hw 0, 0 000 coc> V C30U C) r,0 H 0 E4 E-4 H C3 0 0 H H OD W E -i K4 0 z cocnr HJN E� H CY ra cla IX 0 0 Ei rA H0 ex 04 vil W. D4 � H. ul H 4 0 914 E4H CO H r4 W 94 C4 0w ul E� M U nd fw 0 C9 o-apq 0 i 134 W EA CM Pd ca ca F4 Ul ul W 14 Ix Da E-1 F4 0 0 0 Ii H 0 0 Ln E� V3 PN 0 HO H Eq ril p at H ul IX ca 94 1 0 0c, H M ZN p rl. w H W M W. P4 H 0 �3 H 0 m p OZ Z Ow H H Fq wilN w ul i H lix NO P4 im R W P4 W Q 05ou Qy 5 p E�HHS 0 U 0 M C4 V) Da Ln z Eq Z 0 P4 E� H E4 (14 DN H 0 —f R EH � Q H 64 �pi MIMM N 0 -q H F4 u 0 E-4 0 H Z H 0 0 X I Um (ja F-1 0 am 3: at E� 0 m EF;4 Ix M USO clIx ZP4 z as T4 WiFuca W 04 Pa CX ZIX m H M 14 z r HH V J Page 395 of 808 REQUEST F::' -_0R OFFICE ASSISTANCE FROM: _ (11 .x.0 6 1.7 . ......... 2 . .. ..... ........ ........................... . .................. . ...................................... Data: ................ .. .. . . ....... ..... ........ .. .. . ... ... .................... TRIORITY DATIE NEEDED BY: 0 CopyWork NumberofCol pies: Doubleslided / Collated & Stapled / ............. Distribution: 0 Type from the attached /transcription tape /small (to be forwarded upon request) 0 Request for 121/Direct Pay Req. for the attached - Vendor or Person to be reimbursed: Account Number: . . ........ la. b W e -l -'s . ....................... . ....................... Account Nunribeir. 1211V 5 / - . 92 '57 p - -- — - . ....... . ................... ..................... . . ......................... . m Llist Items w/Quairitlitles & Unlit Costs ors the back of this request. 110 FfleAs: Verbal Quotes ($500 to $1,999): Vendor: ProjectNo.: . ................... . . .................................. Project No.:a>j/ ................... — Cost: Cost: . ....................... Vendor: ................................................................ . ............. . ............................ Cost. ............. L3 Written Quotes ($2,000 to $9,999-99) — Attached. u Written Quotes ($10,000 to $24,999) w/Purchases over $10,000 Form —Attached. iL3 Rid# a Bid/Other Entity (Over $25,000): Bid#, Bid Eff. Dates,& Bid Quotes —Attachei 11 0TP-fEI,?: . ........................ . ................................................ Special linstructions: Request coirnplated16Y� Date cumrnllpNeted,. .. I - !z J Please sigin airid retuirin t1l'ilsforn,11i'to the Office Stafrslinbox;' feel free to make aurin y cornimients below, Page 396 of 808 . . ...... . .............. . ............................ Wlirii�ilner of oveir 80 Hoo ver Can vas 111roducts Co.,.DB,4 T 17Nal 7; ro'o' Serving all] of Sout1h1:1 o 'rl' d a til in Sillince 1949 International Awards H 0 0 V E R AR011TECTURAI .... . ...... Ft. I audeir4ale office P181811TS Palm Beach Ili,o 8" NW 9111 Avenue dii 5107 N. Australian Avenue Ft ILaudeirdalle, Flli... 33311 West Pallm.Beaclh, FIL, 33407 964 764-1711 Proposal 561..8444444 . ..... ............ . ................ . . . .......... www,.Ho verAR,com IIII VOICE TO PROJECT NAME Lq!!X�ntoin lBeach Aimphitheater Cover .............. STREE'r ...,S rRll�.IFT�� . ......................... 100 E-_,1130yintoin Iileach Bllvd. 129 E.Ocean Ave. ........................................ ............................................................ . . .............................. CITY, STATIE, SNIP Cd DIE -- — — -- CITY, STATE, ZIIP CODE Ido intoe Beach, FIL., 3342.5 Bo Mon Reach, FIL., 33425 ........................ PHONE c011qTAG'r EMAIL ' CELL 561 3017-2186 all IMootz mootwalbb-ILus XiF rzAIME PATTERN INBR.. .............. M.'A", NCE SCALLOP 11311 rb TRilm Ferrari 502. Salin .......... . ...................... Min n/a in/a I.N..EA AMPHrrHEATER COVE1_1 ..... ..... ...... . .. Fabricate and Install one inew cover for existing amphitheater shade structure.. New cover to be from Ferrari 502 Satin tensile fabric. Il roposall includes the cost of lift Irentalls for Installation. Permit -fees, !if required, additionall. Peirtnit -fees are not [included In -this proposal. Proposal does inot iinclluude modification or Irelpalirs to existing frairne. Peirimlit Fess, ainWor Appllicalbite Government IEeez Addiftionall If ineeded" Hoover AP does not co.nnect or disconnect electrical cDmponentss. Customer is responsible for, any electrical work. Hoover does nut remove or replace pavers. customer is respons.1ble for re4nstaliaffof� and rspalm uf pavers. One year warranty an our rnatertals and workmanship, F::Iveyear Pro. rated warranty on fabdo, including labor and Installation. Five year warranty on an seams aga;imst failure. Tan year warranty on frames against structurW Failure. All warranties apliay to Dads, Broward, Palm Beach and Martin Counties. For warranties in locations outside of ihe�v COU see section 19 iin 'Terms and Conditions of this sWe'. 8 ............................. ................. flj!�� . ......................... I . ........................ . .......... .--w................... . ................. . .............................. A Prna�aosal in excess of $5,000.00 Willi not The Unding on 1--loover untill sigined lby ain exectifive officer.. PRI( II::: $16,811.00 FRI RIM iT N'HB IS A l UUM MIP SCON "r UINII..ESS 011"HERWI[SliE STATED. .............. Propose Ihereby to funritish material and 11alboir as descdbed above., ENGINEER A li:lroposall in excess of $5,000 wiilU mot ihe lbinding on Hoover untill d9iried (by. an executive offloer. ..... .............. Sales Person: rimo ....................... Date:: .11115/2017 ................... .!!!I .............. . ............................... ................... Emaill ��bocrvercamvasxom Date: Dli:.:�POSIT ...................................................................... ................................. . . ...................................... Hoover AP Exec.li.. DUIE ...................................... ay ent Terms: . ........................................................................................................ CANVAS A1140 V1llYY1 AWNINGS W111 WRINKLE. CUSTOMIER Acceptance of Pry posal-'111he above 1piices, spedficatiorm PRINT NAME 3nd condiltions on the reverse slide hereof are satisfactory arid ............... are hereby accepted. You are authodzed to do the mpork as SiGNATURE DA'rE 31W111fied. Payment wUll be imade as oudlined albove.. 11 OWN THE PROPER'ry Yli:.Z Ej NO c125 1905 C.C.#77-76-AE U-16047 C..C..#,1630 . . ................... — . ........ ............................. aThe 'TERIMS AN11) CONDIT11ONS OF Tli-iIS SAIIJE" accompany — — - ---------- - . , and are lian of, thiis 1pir sall PLIMS11 RETURNSIGNED ORIGINAL UPOMA CCFPT4NCb Page 397 of 808 M 1. Hoover Canvas Products Co., (herainafter 'Hoover* or "we') hereby warrants all materials to be as specified and that all work shall be performed In a workmanlike manner, according to accepted standard Practices. THIS EXPRESS WARRANTY EXCLUDES ALL OTHER AGREEMENTS, REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED. HOOVER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. 2. 'Customer" or "you' understands that all vinyl cooled and fabric materials will expand and contract when uVosed to changing temperatures and weather conditions. These materials may be used to construct awnings, trim, and binding and Hoover cannot warranty these materials against wrinkling and shrinkage. Any necessary sawing or stitching of material will be done with white thread. 3. Acrylic material is not waterproof. It has a tendency to leak when wet (Sunbrella. etc.) Customer shall have a pro ruled warranty on fabric, whether manufactured from vinyl -coated fabric or other fabric types, provided the awning has been maintained and cleaned regularly. The Customers failure to maintain and dean the awning regularty could result in the fabric not meeting Its Intended life expectancy and voiding this warranty. Hoover recommends cleaning every three months. 4. Lateral arm awnings ("Reftelable Awnings") are designed for sun protection only, not for rain protection. Hoover cannot warrant Retractable Awnings against collapse or damage resulting from rain, severe weather, or winds in excess of 30 m.p.h. During such time, the Customer is advised to keep these awnings retracted. Hoover recommends that Customer use only acrylic fabric with Retractable Awnings, use of any other fabric voids Hooveft warranty. Motion/vAnd sensors do not in anyway, guarantee against damage from winds in excess of 30MPH. 5. Hoover shall not be responsible for loss or damage to Cusl0mees business or property or Injury or death to persons. For any risk, liability or responsibility assumed by the Customer andlor Owner under this Contract or disclaimed by Hoover under this Contract (collectively, the 'Assumed Risks"), the parties acknowledge and agree that a] some of the Assumed Risks may be covered under insurance held by the Customer or the property owner; b] Hoover shall have no liability On contract or In tort) to the Customer, property owner ardor third parties for any of the Assumed Risks, regardless of whether Hoover takes any action to avoid, limit or remody any of the Assumed Risks, and Q such action or Ineolion on Me part of Hoover shall not constitute a breach of this Contract or of any duty of care owed to the Customer, a property owner or third parties. Notwilbstanding any other contrary provision In the Contract, Customer agrees to Indemnify, hold harmless and defend Hoover from and against any and all claims, obligations, demands, damages, causes of action, liabilities, losses, and expenses, including reasonable attorneys' and expert fees, whether now known or hereafter known, foreseen or unforeseen, attributable In whole or In part to the Assumed Risks (the 'Indemnkn.This Indemnity shall be capped at $1 million dollars (US) and is given to Homer in consideration for the warranty offered by Hoover hereunder (if applicable) and/or for the job pricing, which would be higher absent the Indemnity. 6. The parties agree that Customers sole and exclusive remedy against Hoover shall be for the repair or replacement of any awning materials, which are defective when delivered. In no event shall Hoover be liable for direct Indirect. special, Incidental or consequential damages (including loss of proft) whether based on contract, tort or any other legal theory. Any defects or discrepancies in the Owning Materials as delivered or installed must be reported to Hoover within twenty (20) days after the Customer receives the awning materials or it will be conclusively presumed that the awning materials ware as ordered and were received in good condition. Notice to Hoover afany defects, discrepancies or objections must be delivered In writing As certified or registered mail to the address shown on the face of this agreement, 7. It Is hereby expressly provided that although the said materials have been hereinbefore described, the materials delivered by Hoover hereunder shall be deemed to correspond with their description, when they correspond with the sample which has been produced to, examined and selected by the Customer. Since aesthetes Is an Important factor in our Industry and since Hoover's services are essentially to transform canvas and metal Into pleasing and engineering or regulatory constraints. Hoover reserves the right to make layout antler specifications to make them conform to available materials, acceptable tolerances designs, it Is sometimes necessary to after Customer's such changes. Hoover also reserves the fight to cancel this cordract if engineering changes required by a governmental entity or permitting authority increase Hoovers materials andlor labor cost by more than 6%. Hoover is riot obligated to advance any permitting or engineering few on Customers behalf, S. Hoover will not be responsible for the usefulness of any frame not built or installed by us, unless we are authorized by the customer to rebuild same to Hoovers specifications. Hoover does not warrant against water leeks where owning meats wall when existing frames ere recovered, unless such looks are listed and addressed on contract. All awning materials used by Hoover have been treated with a mildew Inhibitor. Mildew is micro -organic bacteria, which can grow on any material, metal, glass or plastics, BUT WE OFFER NO GUARANTEE WHATSOEVER THAT MILDEW WILL NOT OCCUR. 9. It is hereby expressly acknowledged, understood and agreed that this is a contract for a special order of custom lubricated goods and materials and the Customer cannot after, revoke or cancel the same without the specific written consent of Hoover. 10. The estimated delivery date of this order Is subject to contingencies beyond the control of Hoover, including, but not limited to fires, strikes, lockout inability to secure material, labor or transportation, inclement weather, accidents, Acts of God and unavailability of the Customer. In the event of the occurrence of such contingency, the estimated delivery date shall be extended by equal duration to the extent of the duration of such contingency. 11. Customer agrees to pay Hoover the full balance of the purchase price immediately upon completion and delivery of the material and work to the Customer and time of such payment shall be of the essence. No back charges will be accepted. Hoover shall retain title to all goods pending receipt of the entire purchase price. 12. The Customer covenants and agrees that upon his default by the failure to pay any part of or the entire purchase price- when due. or otherwise, Hoover shall, at 1 option, have the right to: is A. Without)udIcial action, take possession of all sold property and all payment made by the Customer up to the time of said default shall be applied as ran! and depreciation on said property for and during the time the property is in the Customer's possession. Permission is granted to re-enter the property to remove said property; Hoover Is granted permission to re-onter the Customers land or structure to remove said property; and/or, B. Bring legal action to collect all monies due Hoover under the terms of this agreement; and/or, C. Enforce and foreclose a lien against the said property without further notice 10 the Customer, and/or, D. Vold any warrentles and pursue any other remedy available to said company in law or in equity. 11 The Customer covenants and agrees to pay reasonable attorney's fees and costs to Hoover in the event Hoover incurs such fees and costs in enforcing Its rights under the terms of this contract including attorney's fees incurred in obtaining and enforcing a judgment andfor pursuing on defending an appeal. Any legal action brought by either party shall be governed by Florida law and, shall, at Hoover's election, be brought in Broward County, Florida, or a different county If necessary to enforce Hoover's lien rights or other remedies. 14. This proposal by Hoover shall expire thirty (30) days after date of issue, but is subject to withdrawal during such time if notion to that ~ is given before written acceptance by to Customer. The only terms of the agreement between the Customer and Hoover are those set forth in this document, and these terms may be changed or modified only by a witting signed by both parties. 15. After acceptance of this proposal, any delay by the purchaser may result in a change of price corresponding to any change in the cost of labor or raw materials. 16. A charge of 1-1/2% per month or fraction thereof (18% per annum) shall be added to all delinquent accounts. 17. Occasionally after Installation, "pinholes' can be found in the awning cover. This is not a result of fabric quality, and does not affect the long-term performance of your awning cover. Should this occur, we will address the pinholes to keep water from coming through your awning cover. Once we have addressed this issue, we guarantee, that your awning cover will not fail as a direct result of the original pinholes, for a period Of five (5) years from the data of installation. 18. Over time, awnings experience a great deal of environmental hardship from day-to-day exposure to the elements. This exposure may cause the awning cover to fade and IOU color, become brittle and hard or even lose material surface from what is known as 'plasticizer migration". Given these conditions, we know that removing a cover may result in any combination of the following conditions: "pinholes", cracks, small tears, wrinkles and/or `crazing'. In addition, once awning covers are removed from the frame and reinstalled, they tend to readily attract dirt, smudges and marks. Therefore, if we remove awning cover from the frame for storage, cleaning and/or maintenance, we cannot guarantee or provide remedy against the above possible conditions. Any owing taken down, regardless of age, will got extremely dirty and Hoover Canvas Products cannot be hold responsible fort his occurrence. We recommend that awnings be thoroughly cleaned prior to any work being done, requiring awnings to be taken down. 19. Concerning warranties for jobs outside of Dade, Browerd, Palm Beach and Martin counties. Hoover will not be responsible for any expenses incurred by Hoover to bring Hoovers labor, to and from the job site, or to bring the awning(s), to and from Hoover, including (without limitullon): airfare, room and board, taxi's. rental cars, taxes, duty, labor cost to and from the job site, etc. 21. Customer acknowledges receipt from Hoover of exhibit 'A' called 'Statutory Disclosures". Cusituneft wgiimfurw 111)aw Page 398 of 808 1975 NW 16 St. Pompano Beach, IFIL. 33069 Uc INa CGUS25577 "lel„ 9S4 755 0661 lnfo@shadeports.com Page 399 of 808 Name /Address ship'To CIV of Boynton Beech Boynton I esohA-mpftheatre Gall Mootz 2221M.E. 91h Ave. Boynton Beach IFIL 33135 P.O. Ilio. Contact Person E Neill Phone ad Moo mootzq@Ibbfl.us 561-307-2'185 Iltemn fitly °ptian 1" 1 Replacement mment a Ir 10"5"" x 306" Replacement Awning ver, IInoludling instellletllon and 37,9130„ 00 rental �equijpment for instelletion. Il eledal to Ibe Fe d 502 Setiimu. I odi1fiions to existingkame, Permits, drevrings, etc are not included. ACCEPTANCE ANCE OF IE EMMATE: The above 1pirn a dlitions ei _ Dins are Ihereby s You Subt- W g , are & okii' do e work as spedfled., Payments WD be as oudined above, $17,980.00 .All unuts are ajswm made sales are fnal„ Any hast due involces invoicesare subject to s 1.5 monthly flnaince chairge„ Any invoices turned over to s third party for ons aim suo�ect to "on . $0..00 e 33 call and er aplpli Ible . lUni s) shall remain the p of tndu" eU hadetpov u�nlil the order its 'urn full„ This ,paid 1pro 1 Is valid for 30 days. I ds les T 3 7„g13i3"13� may be collected If oirdy stand alone prodw.0 vire purchased Without serWoe or Installatilon. PLEASE NOTE., Fabric must Ibe ireinwed if and when s hundcane or snow waming is predicted Terms or posted in the area. , Signature & Date50% Due Upon Acceptance We look forward to doingbusiness with you! Page 399 of 808 111AC When It Comes To Shade ... We've Got you Covered City of Boynton Beach Kevin Ramsey 10, Install Custom Made Fabric1fe-T�t a TaIL? • Replace Fabric Cover Taoric stage cover on the Ocean Avenue Amphitheater. Th: replacement cover will be custom made to fit the existing frame structure. The new membrane will be made using Ferrari Preconstraint 502 Satin fabric (see attached cut sheet) and will be :nstalled using rope lashing similar to the original cover. Cost for Supply and Installation ............... $28,460.CM 10 d t1111111111 -•... -fL34 I would like to thank 3fou I - . ShadeMakers, LLC 4248 SE Comme-rr-, Stuart, FIL 34997 Tel: 772-201-5351 ShadeMakers, LLC lel.772-201-5351 www-floridashay emakers,com Page 400 of 808 PIRCHASE ORDER %".*PITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTONr 0,9 �, D. 33425-0310 DATE: 01/29/18 rs� TO: THE PAVING LADY I 1.00 W. INDUSTRIAL AVE BOYNTON B CFI , FL 33426 . ---- E uu: u o mul u u u u . 014 6 � IrRD uu lRNIG SHIP TO: City of Boynton 'Beach PUBLIC v.OS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH,, INE IF:IID,IIE1010 � �If VI ill A�� "cli mISSIOP4 �hIIPIRR�W'� IE101 ➢ , EXTENDED LINE# QUANTITY TJOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 121.08 ®00 EL NW 17TH ALAE IMPROVEMENTS (WEST OF 1.0000 12108a00 SEACREST BLVD) l:lR(1)ClEilll„'E IEIIIMIIII,::�4"U"' SII:IIEVI'CN;::.1:', ACCOUNT NO. 303-4905-580.63-08 i y x' "0'' III 1 T'0 .'I dl...', Page 401 of 808 II �' ��III,, lig III YNTON I I i l i u I i t FOR WO ill �. 111IO DO �I �mmuu.uu.uu.uu.nu....w.v.......0u.uu.u.....�..........�w...iw��w��wm�.�wnw�mo�w�n�.wwml+��wnwmmumnwrcumm ....�..... d �l uG'luaw Ila , „, wCOftOt wIlml G"aa IDuI IIUIIm N wwro mw wn ry w n ie.IMw.�mrotM.�. w a Ave Irnprownents cum�,yryl �.I.I_II___�_.III�� _�_�.w_.�� ,��III��YY�m,., ry I@ �II�,��I�L�I �,y llp IIINI��pIIIu ��µ"ry�p I�pp�Il�ryl s! 16 lu"r— -- ! � i!�N��tlaU� dI�iGW V 1 WI�IUI IV d�MNluu� ll� uw lu'I ubl� ' i w, w,. �-----.��w��w��,�,��,� N�dhiauaWu li Oftris (IVA FNIVIONESPECT SNAa'��,�II'plly'p mxi, ni�'�nmry P�NWPuiuuRRllll�ll�ll al BIJORAsid QIP II Cowiftect Numberu 41 ftlll� mum 3 Almmillim qRsdim iRkm ON13t0i"W3.0, irmlod, NOP02A 101mchasing.I IASN ll ,CityMinnow . . . ........ thft bAr I if le, Page 402 of 808 I �I�41� � IIn111W1 I T. 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IProject, l'110, dr'l;, Q2 AW No. JII V� EM i 1 r submfiLeng the wininft bid,,, gin order' r the City to Lssup a Purchaw., Order, ply ,�. d rine the 1- A copy imf the 4 to of Insurance (�Ittachkg requlrLimply 2. sl o 'IIW'OuIli I�x)vnulIY'm r r or irlimalons, 1pinse., let No Gary Gary Dunmyer, meimr.1 City Engineer Public r d Engineering City of Boynton Beach 1.00 E. Boynton Reach Blvd 61-742 6231, DunmyerGgpbbfl.us �. ilnrJ&'Ir ,” ;II ill, ,n Im'mwr I Boynton Befth, Florida 3.3435 IPlease be adv1sed that Flarlde has a broad public records Raw and all correspondence to me ns eirnall may be subject t dies loslure.Und r Florida records law, email addresses are public records, Ther fbir k your ll communication nind Page 405 of 808 � IIppII�I " " ton ��, IIVuIV'm I MMONISI „ ,0131M.17 Page 406 of 808 I'III'A ,,II ,111111? WI11101WHILIMIr Undw dw,11wriums I f RU ilk 11 mk Ib °'r"is ilm m" inil J� ' ON at ;ICU . 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'G IIC II 'I' mm , JIB JC IY q M . s LbHfity MIR&AI C1,000.l .IIC Ill�wL�';IVa, mm� 11G11gC;Jllrr II'lhn Irk mow, � �� Ill, mom. ., � Dandeee AlJ Ll m ' taus FIrged Cut CMwI to In datumbwd I MMONISI „ ,0131M.17 Page 406 of 808 1;111 IIC6 JJJC IIS' Boyrftn Bomb Eq&ufluxI Nenubw 2,2017 III V' "' Illlllly��IIlI��gl��IpIIpl p�pWlµ�yy��p� �Ipyy l!IW1� pySwl!µ@ VIII W�IWInIu Y'III1y�py��pynny ,IIIW Y IIgLIpII WIIW 'I pU �i lu I WIWrr'IW Po IU'�nOhW IWNo' Illlr IIpl�w'iWNV�XM1nIW i IInIOr IVIS VV I 7th Ave I i lir III rrIIII ts (we, st sfIdF.p of Seacres�ItBlvd) Ulm � L I x m Ide of, iMOT ItImnisind'Ill (Irmul off exem) IFlll OT Typ Curb FishiredEnd " *We (SI thick) cl sth ell uric. IIIIII fi " n uIIII�InIIfM1llfl'iliniiiiWxnnnnnn 111 II II II V "I SII ,,,,,,"�"�' ,,,,,,�„n,,,,,,,.. MOT LIS $750.0) 4w Sl $2.irk�Illfl�l�'W SY $2.60 $11,248 Iw IF-Cuirb � I EA Induded S LW' W "I SII ,,,,,,"�"�' ,,,,,,�„n,,,,,,,.. MOT LIS $750.0) $750 Revilmove-Sad, wnc bptks and All l(haiii s) ill) SY $2.60 $11,248 Iw IF-Cuirb � iS $52.00 $:1"560 %Wdstra lthirheff iu IOW 7 I �uu'Im n ,20IIGWm” IW"I.IA "W Illi TICYF TI ............ 11111YrAL $2.2.100 Page 407 of 808 l "If " 1111wedflal ill IIID 1111synkm 1111 I 111 OfteI,s�P�I i �W VIII' ;Ilam 11!!,� I d'JIIGU�!III f. Emm a IIS IIIIiIIIIII , 1 7 lua JilrwhIN4kri,.Ite uaw11,L.L Iltamw llbarrrivrr'adwev� &xIng warkll "Mxi r Irwarw 'll:: iiruj,iw, ,ror w 16. Iwact be umuru w mmmu lUk,w °R. �'o��'ersiciIuw w�lxrlip � :ur, w'� 1k� il!u',�wws �rrJu„w�a,z-'w�icade , 11tracking ! .°lR,ng siia r,;1.exv,m :,�', mw l t,:�'m°mm the rV devignat,iiiii.dI rlrwiiiVYl ua uue'Imv Ir„ wrKr'm: jRJOtQrr ncipt wrwippo ummb11 iii for Ilrh,n' JINclrrrriumd :irrigation or ww ui ,:111 ,^,Ird” line gym, lll,mm rLIrrIn IY,a :x-mpair in by oneir. moue Icarlim vwill be givion. IIh* li,m t,rr,Walr..,,t ar Is vwIrw't: reu ii!R owwnlb!„tie frwwr I pre Ilr SII ,IIS � ,,, � !�w'��,�,,�^irw�wurw'I�al. I rlwrwwwrl' itilirwww.m!u or s'iicirbomuw„rface ondit:.vrww'u . INVIur mmtrmra lrw llrwwr In not for d&=qe Ito virl eliw alk thu 9tlim,„iirre, n,eIC.'eww wT':'IW ILX) 'irwx°IrJollpu!ICB with our 'hIM111111IFi uuu 1,1gxi ,ria:m t LI I ' ' .I� ,'� uw'6r:luw 'mMhO 'JImw. lY,lumwe care vlW1,13, be !I��'lu�m III *111M Thin �raw�a alr,wuaamfm1111. :iimm baisiiilRd an work baawi'lmi; complutwi during this ltwdr!vu riliiI of 7:,:00 I'm arld 5: , Monday thrrwwg'h Tri.lday h � rIII m gym!l, a�alaa a�wa. u�� o�w I wl1011,1uu8imiaIwmtherw laruaw miu� ma'Iltluwarltl� ,aa Jiny c"h awmlu e :Ln t'JL'ws micape ir.f r111r:1f rw" auaWY Lt,111a8 w'wot spocified in �Y„ aia :rropovialuw ,,',t., ,. b ala a:,id, mm'IlLa thin uwwww'Itrlrluuavww 11 aua ,K1111.T1. 'I!e�w :�l,w'wl lu wuwll,,,,ltwuw,, "II.r. da ,�!�iuw,w'm ,, anirm u urve:!iel:r'w dlU :IVru^g� lua u rr� water 11itracIII"urhwr not ,Irhmulr ipe uuwxist:lll.wwiq wiii apiiiiir1111.tr Ir�':urr�:,t,.urwage or ' arw�liiin wa � w I wwa II IIS I��w�rrw�".ra„°ilalu „,,, luurir° lywr',,,.Iru�l,�wmro,,iwr�a�:°Imww�w°'ILa�ru 'Irwma:ur'wlu�Yll,.a� lu,ww a�°haa�.�i�l� I,J�' u�'Itw�w�,�,�iu'ul ,, *'Ilk* Anlllr is&U-t.,J,.ow'wu J1-,�'iu o rk,,rraraY,rpxviiiuv'>teiidl 1b '�r iwir� m'w ,lir' the i I �III� �' �' wiurr�.I�N,,,,,m,irm�g� a�li,,,.lwa.rrt'a& d u:rr.:11,:rq review w rew,r ina1mctions will lGwrlr'ivam .cc1Irw,j.IIr�1;11.Y. °10IFT'1 ,;1PRO , labor sind miduiw complIcIftn, 111 q dmmllllllll'j Il u c m icl I 'I�or l II ,, mm I I ,,,,,, � I "II II lulIII' II'll Ilmu' II 11! w @ ' a lftklu �llGlr lug I0 IYi1 " I� ullull IS II amid 11101 ly , ' T OCCOMd etahwhad to We 01111,111111and above Print NAM., 12,11, III le 11 Page 408 of 808 Ip[yI'p��@�� IJIIryI�I'Ip�p yyy�� I��E lin �� iie � sfir Ipy' . f u O r th IIY NP IIIIP Ir IIII�x mi Im IU W III Ilf III p�� WI est ryA ISN'' IIIII IIY eacmst III MM CRY IIII 66 iI1� '1�II IIf"WAI' mber 1, 0-1 YY WO II I� Wx d, coram brkks III IN i[boulll ff,=) IFF-Cuirb Ralred lEnd f - tIIItIrk) oF shall I an I I 11 lY ,a so @,,,$2AIDO ILA 2 2 cly $25D $1,250 ryM�mp IIIWI IHIIi III�IIIIIp1NII�f it IPoX O VIII' III W ,,,,,,,,,,.....,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,. 7l510 IIISim SIU I $,1,920 30 111, II n,Y'�'� 1. EA „.1, 2 I1 $250 I2175 �� Art” ni unin4lllllm' WW"'Ill ..�r ....................... IIP 11 IL1,III, ,;1W !L of'2 Page 409 of 808 Im cow IIY � 11111mn iliw rs I II oto ,I IID' I�. µIr`��I�'III,,w��µyq,��IyI�@��py 11 Iy�� VIII �gypry��y �III��Ip�ry��I� IppI �Iyy�IIl�m ��yp ��IIIIy��p��' ��i i141i Y � Iy�µµ�,.;��y�y�u�y�I��IrI ��pI��Ily��yy I{yIIJ�` p� �„y„��µ'��,��,��,I��wl, ��II II' per, IIIIII Wtl WM �IIII IIIIV AW I!IIf�Y 414' III @ I@ UY VII I,,, IIIA IIIIV ,11111 MIIIIIIIW III Ipl II ID iIIIIYW''W'IIIIII�III IWMIN' iiia I f F I III iet I,IIWIIIII�� I li ' Blvd' � p1 I W I WWV � III am I� !IPS 11rIIN Ymmmmm ve Sod mumul fllI[,I'm u l off. ups) FIIDCYr "We IF -Curb ire IlEfi fid 1M (11EIR" Ill gym) Of ^IRMO Iroick. 419' ,,,mI,I,,,,,,,,,,,1 RerrWavelfl m,IU conic bpricks u nd fill (haulgff IFDOT Type I IRilred IElmm 111111 II , It 'UndII a SO 1 UII, $2,0501$11AD 11180 SY $6.4515 so I,,,F MAO lll, w CY $1.50.0D ON AIM n1 A numm,,,,,,,,,,, ry LIS $050.00 $310M.11 480 IV 30 F'° 1,050 E ;a! I oc llr" II 7 Cy S150.00 $IASO m4' MIST �.,.,....�..R ..... TOTAL $14,942 Em Page 410 of 808 PURCHASE Ti " Y OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 180698 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 01/29/18 TO: CDW GOVERNMENT INC. 230 NORTH MILWAUKEE AVE VERNON HILLS, IL 60061 .......................... ...... .... . . . . . . . . .................... -1, ........... REQUIS111"ll'110114 NO. 70113 ORDERING DEP"Aill"T"ME11101'� �17'lls SHIP TO: City of Boynton Beach ITS DEPARTMENT 100 E BOYNTON BEACH BLVD WOYNTON BEACH, FL 3343T IMEEIDEU! slo 114111� COINAINA113S11110N APIPIROVIEIM! 111INTIE -1-1-1-1-1-1-1-1- ----------- .-------.- ---------------- ---- 1 -1 -1 -1-1-1-1-1--__.w_______________,,_.,.___...............,_,__._, ------------ . . . ......... 1-1-1-1-1-1-1-- . . . . . . . . . . . . . . . . . ..................... LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST 14.00 EA LG 43UV340C UV340C SERIES - 4311 699.0000 CLASS SIERVICIE.:&� ACCOT TN'T.' 1q,C). CT 7,71. IB 0 1. &am" EXTENDED COST 9786.00 2..:I.. E5 8 . 4 Nva Page 411 of 808 Date- 1/29/2(" )",18 .................................................. Requestfing Depai,tiinierit: iIr s. Coirt,tact IlReil--slun: Mady Stevens .............................. ......................................................................................... Explanatiloin for Purdhas'Ll., Firsill" o�i�'lder of �new monitors for the NEW Electronic Plan Review System / Capital Improvement IT1811. IU ecce r n i e in d eld'VeinidloirCD'W,-,16' ................................ 1. j . .......... ........ . ...... I .................................................. ................................. oluint Of F�Uirr lhasq ................................................................................. . .... I ............................................................................................ ...................... ................................................................................... Source f6ir Purdhasie (dlhiecic a�ind attaich backup n'iiatelrkfls Three Written Quotations GSA State Contract SNAPS Soie SoL,iirce Piggy -Back Blui.::[geted Item Emergency Purchase Contract Number: I ................................... . . . . ............................. - NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. 1 1119 Acr*iunt: 302-4102-580.64--14 guar' t': I )iepadmiemt Head ul'chasing Aige:.,:"iit City IMairlager 'qty M&l-tagie. lir, F:�cirm ReWso,,,A 1021011,102 ........................................................ ....................... Date I ........... . ......................................... 11'�)ate Date ? 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Please send me the PO# or call me with a credit card when you are ready to place the order. 1101 You can also login to your CDW-G Extranet account to process ACCOUNT MANAGER NOTES:: a web order. p =Global Header---AcctCenter--- Home Thanks, Sergio A. Aguirre 866-229-6699 CDW-G Quio'irlE * I11NU Iq'IIm11�)A'11111E, Q1UIO IrIE 111LIEFEIRENCIIE iXISTO' I I E 11 1, "I"IN165 111/4 4311N COMiNCEIRC 4276732 r IPS . . . . .............. QW14 . .......... ........... . . . . . ............... . ... .................. 4X". 119U(4241 �:E[? 14 4708259 14h), I 431NV340C U 1 4 3,21190 2 Contract lqaticjilzp I I :'AN, I eajjijolo� 50Yjjtjiaj' I$ 1 :07- 33; GIRA11IM rVIrAll 09,786,010 UNEV11" l!'JIUM111111III:":: XT Plil?,XCEI .. . ........ 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I T5 Rzitta�jcE� 110 11::: BOYINTC)IN I ill 131V11) suilte 1111,515 11 W 1130)(1114 If I IN 11: , : EACil, Ill: 11. 31314 3 5 3 F3919 ChiliciI �rrill. 6011575 15,15 Shillp1plinig Met1haid: F]MIDIED( GnxtniiJ Page 1 of 2 Page 414 of 808 P601I 11DEAR IIU ARUIRVIIF Thank you for considering CDW*G for your computing needs. The details of your quote are below. Oliick here to convert your quote to an order. Q11LINOTIE DA'iirill QUO'llIE R1lT:ERE1IM(:JE CUSTOMER# GilIZA1141i, 1PD rAll", 51114 ColiVIN 7,6Ti. 102,772 46 ITEM ............... QTV Cow# UNX I" PRUM 1XT IM1110E: LQ 515UM24ME NKMO�! Egtiles .......... ... 2 4708268 $886.23 $11772 46 IN �lfftlii`it, 5UV340C UNSI:'SC: 4321 I'902 cantracU I i1:17 "i �BCIIIW1109Y Solutliui�$ (130733) ..................... ... ............................... ........ ... .............. . 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Sergio Aguirre 1 (066) 229-6699 1 sergaguC5)cdw.cGm This quote Is subject to CDW's Terms and Conditions of Sales and Service Projects at For more i4cirrriatlon-', coritact a CDW account manage , r Page I of 1, Page 415 of 808 Cjqm r&1H 561:S Gov, Col 1:1 11, lueaidEVt`�'I-O,Wa 877.301.8122!212. .6637 (DHelp Q Live Chat Abal Sales Tax The Professional's source You Pay $11,794.00 av c�-� DealZone DONT MOSS OUR Hell o, Barry Ends In 10:5130 MyAcc011 w FlhoGofffajjphy Computer!; 5`110'0600 11 91'WnF IN a ALKIlu IMichiille TVs & EnQuilahrunerpt rarrCagdo 5 ra�,Iirve flaince OphEs Audla Viimal usecl 511imcialls MY CART �— ;t, - ill A 111,11 to Wish ii,�t"RinGe A11111 0 Email 1 v it "a Print The quantity you indicated for LG UV340C-Series 43" -Class UH® Commercial LED TV exceeds our current inventory; there may be a wait to fulfill the entire order. LG UV340C Series 55" UHD ,onCommercial TV L 6;911111 #1.rG!551[JV341X 1MIFIR#551JIV341,011 Free Standard 5hippIn8 on Orders Gveff $49 This ltPM is noncanclaWbie and nonrPturnall JW,l Accessoides Square Trade Protection plan - 2 Years Protection plan $77,99 3 Years Protection plan $119.99 COMPARE ALL OPTIONS LV340C-Series 43 -Class UH D Commercial LED TV IM IFF4 9,C.4V,W340C Free IExlpediitNil Slhijprlirlg L Acres suii lies Square Trade Protection plan: 2 Years Protection plan $49.99 3 Years Protection plan $86,99 COMPAIRIE A11.1.0P fl,01,0S S ial $1.032.00 Cecer 2 EKJ[Wifte� inflalialkliky 11 �� 2-1 weieliis Save. for Later [11", IReirmve Item Total: $2.064.00 In Stock $695.00 Rndly tin Shlp 14 Save for hater ; ; licinnove Item Total: $9,730.00 MAI7 Z11, TAX (D .El NYC Pickup (2 locations) UNITED STATES 33435 Eligible for FREE Shipping Subtotal: $11,794® Shipping FREE Sales Tax $0.00 You Pay $11,794.00 Will 1/2 Paae 48 16 of 808 37201 _'Agri 1113r li de nbur° � Illl uumr From: info@newegg.com Sent: Tuesday, January 23, 2018 1855 PM To: Brandenburg, Barry Subject: Quote � a gpwil�ullr ' I�� i� � Ili Aft MIrI�IRI�'m a Ali d IuINUU two �' IIUdIU�l�uiir �Wa; Cam1il Ilii I tl ... _... 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Page 418 of 808 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 BOYNTON BEACH, FLORIDA 33426-0310 TO: STRATEGIC GOVERNMENT RESOURCE6 PO BOX 1642 .` TX 76244 P.O. 4: 180700 DATE: 01/30/18 SHIP TO: City of Boynton Beach CITY MANAGER OFFICE 100 E. BOYNTON BCH BLVD f.OYNTON BEACH, FL 33432-! EXTENDED LINE# QUANTITY UOM ITEM NO, AND DESCRIPTION UNIT COST COST PROCIMIEWIN'T SEIF04CIES: p,n,"rOlAIL 2 4 7 10 0 1010 ............ ACCOUNT NO. PROJECT 001-2111-521.49-17 PURCHASING Page 419 of 808 Dato:,, 1116/2018 ............................... CITY'OF BOYNTON BEI ACH REQUEST FOR PURCHASE OVER $10v000 Ft u atliri Il epartment fily Manager Contact Person: I or! 1,,,,,a errler F'a"'a'101" '01' rc�a"ecufive,� seairch�fiurm for Pollco Chief socirca for Purchase (clheclk and a acl Ibackup iu atedails):: ................................... Three Written QuotationsED GSA State Contract FIRIDIERESIPECT SNAIPS Solle Sfx.,irce.. Rggy Back B4jdgE.4ed fteirn UnergerDcy Purchase Other Contract Number- ................... NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. �IFuind Source,for Purchase - 001 2111-521,,,,,49-1 "7 Aipproval1w: Department Il ead Purchasing Agent Asst City Manager C11-ty Manager 4 1111@ mawpovyj vzgv 0 #W& Date Date_L:�� Date ................... [)ate --V442_ Page 420 of 808 LnZ) 0 (14 rl 03 c' cl C:) CD IH :D 0 u MENNIMBE-10A r- r- ffii 6"4 '0 � EIH 61, 'HI 0 t-4 ri 0 0 40 a 41t; IPQ zrCA mi W >4 �4 E-+ Z W .4 Z 4-4Z 0 °4 d) tp td 4J Z W rd 41 0 0 ri w (D H M Page 421 of 808 I0 Do H (N Cha 0 0 a] N CD a P4 Z 1 0 GD W01 CTa H pu: 0 0 0 Z x a 0 0 al w u 14 CJ E -P 0 H M I 0 P4 U 0 0 0 H U 0 CD 0 0 ro 0 N 0 0 14 PQ 04 u m r� Z 04 LD 0 r� Ol P4 CD U) Z F.1 9 H UO E...9 F 0 0 H 0 1 0 0 I cu (1.0 Ot U C:N W 0 rA Ef P4 M r4 W WI E- E4 ca I e' M Z >4 WW WW 14 1 C) u E > 0 > 0 (A W W 04 P4 C7 C7 WOE _W M x Z N N Q w H I CD` l w2 -- co WE 0 w �4 WHW UHW UPR MPR H 0 14 �q Cd P >r3o �D 0 wmw Omm W 6 94 E�ZW4 0)w 0 DU 0 P 4 E� U 0 m �44 0Z I aim 0E4 HHE MHz H 04 rn m Z W m x E+0 H moo moo H F -I P4 WEU Zzu In u I 0d m W H 0 w 00tD la� 0 �� VI %um 8uw W W z� H PQ o-4 Z LnZ) 0 (14 rl 03 c' cl C:) CD IH :D 0 u MENNIMBE-10A r- r- ffii 6"4 '0 � EIH 61, 'HI 0 t-4 ri 0 0 40 a 41t; IPQ zrCA mi W >4 �4 E-+ Z W .4 Z 4-4Z 0 °4 d) tp td 4J Z W rd 41 0 0 ri w (D H M Page 421 of 808 To: Tim Howard, Assistanti r— Administrative Services City Date: January 1 ) Mercer Group - $15,750 flat fee 0") Strategic Government Resources - $18,500 plus Expenses Not to Exceed $6,200 $24,700 $24,500 — with optional survey +$1650 additional work to be bill" at $220 per • I'm inclined to narrow our search to 4-5 candidates. Sprinstred/Waters is a flat $24,&0 so I don't have much negotiating room Page 422 of 808 PROPOSAL FOR EXEC1.1 II I E I ' t rmENTSERVICES CII III ` i F POI,,,,, ICO IIP ,,,I „,O B EA C , �,,,,'° I�,u,. � lI l DA p�,/. d *: zOleo " 00 7 Ron Holifield, CEO P.O. Box 1642Texas 214-676-1691 Page 423 of 808 1,71 t4 47TWOEUb U M- LaVerriereL@bbfl.us Clear Ms. LaVerrieree Thank you for the opportunity to submit this proposalo Police.search for a new Chief of SGR has over 64,000 email subscribers to my weekly "10 in 10 Update on Leadership and innovation" e -newsletter. SGR will + send targeted emails o our database over 27,000 police SGR's website, where this position would be posted, 6111 local government official visitors each month, with over 75,000 page hits per more otherlocal governmi,entsearch firm website w■ board .separateposition largest local government jobboard in the nation,.111: local government job seeker Visitors each month, and over ;11 jobs listed at any given time. SGR is the only search firm with a social media expert on staff, , who provides a comprehensive social media marketing campaign that includes email, Facebook, Twitter, Instagram, and this recruitment for BoyntonBeach.41 forward to discussingi detailhow we I In ,t say f I� GovernmentStrategic R 214-676-1691 uwiwiwiwiuwwwuwHu�wuwuumwiuwwuwwwwmwiwiwiwwwiwimwwu�uvwuumwiwiwiwiwiwiwiumwiwiwwwuwHiuu�amwiwiwwwuwHamwiwiwiwi iwi�wiuniumuviuwwiwiwiwiwiwiwiwiwmwiwiwiwiwiwiwiwiwiwiwiwwuuwiwuumwiumwuwuwi�wiwmwiwiwiwmmiumwiwmwi�wiwiwiwiwiwiwiwiwiumumwiwiwiumwiuuu�umwumwumwiwuw,gun PO Box 1642, Keller, www.GovernmentResource.com Page 424 of 808 Tab 1 Company Contact Information 'Tab 2 Company Profile Tab 3 Unique Qualifications Tab 4 Key Personnel for this Project Tab 5 Project Methodology Tab 6 Proposed Timellne Tab 7 Project Cost Tab 8 Provision of Service Guarantee Tab 9 References Tab 10 Recent Executive Recruitment Clients and Positions Recruited Tab 11 Unsolicited Feedback Tab 22 Sample Position Profile Brochure Tab 13 Sample Comprehensive Background Screening Report Page 425 of 808 .......... i Page 426 of 808 111C, pjjpi��r' a IrrIll gjg ict I `,ibr,, minattliar? I .� ........... . . —11, .11I.C.2.11.r..M..tact Infoirmation.. for, lifintfing Offli�,,-hal/ Primary Contact, ... .... ...... .. Address: P.O. Box 1642, Keller, TX 7624A Office: 817-337-8581 X: a 817-796-1228 Email: IICJl ............ Website: ......... . ........... Alit ernate Contacts Address: P.O. Box 1642, Keller. TX 76244 Office: 817-337-8581 Fax: 817-796-1228 Email. Kristin Iqvnrr Goverr meat Resosur ce.corn Website: WALAL-�overn�mentr�esourc�e.corn Page 427 of 808 Page 428 of 808 Background Strategic Government Resources (SGR) was founded in 1999 and is fully owned by former City Ron Holifield.Ron sTentf f (f f+: _ f L. fi service as City Manager in several cities. He founded for 4i purpose ofhelping local governments be by recruiting, 4 developing innovative, collaborative, fspecialize, live online leadership development, f 4 4 f 1 -tromote innovation localgovernments. ,. missionMission & Core Values I !facilitate innovativef finlocal" overn 1 f f f ■. 4 i 4 f r 4 4 f:� f. Z, fCustomerPhilanthropy; Continuous Improvement; 4 Golden Rule; Collaboration; ft Protecting Relationships. f OMce Locations SGR's corporateheadquarters has virtual offices Colorado Florida Massachusetts Missouri Oklahoma Pennsylvania Texas Denver Kissimmee r 1 s Stillwater it ► ►Abilene Lakeland Corpus Christi As Granbury Greenville Lubbock Murchison SugarLand Executive Recruitment Team Ron Holifield, * Melissa Valentine, Managing Director f Kristin Navarro, Recruitment Director Katherine Lindley, Digital .mmunicati« Leigh Corson, Becky Coordinator Delena Franklin, Recruitment Coordinator Sherry Green, Recruitment Coordinator Page 429 of 808 Executive Recruitment Team (continued) 11D Muriel Call, Research Manager * Andra Henson, Research Specialist Barbara Heller, Senior Vice President Doug Thomas, Senior Vice President Bill Peterson, Senior Vice President - Executive Recruitment Bob Turner, Senior Vice President - Executive Recruitment Gary Holland, Senior Vice President - Executive Recruitment Katie Corder, Senior Vice President - Executive Recruitment Kirk Davis, Senior Vice President - Executive Recruitment Larry Boyd, Senior Vice President - Executive Recruitment Larry Gilley, Senior Vice President - Executive Recruitment Mike Tanner, Senior Vice President - Executive Recruitment Molly Deckert, Senior Vice President - Executive Recruitment Tommy Ingram, Senior Vice President - Executive Recruitment Page 430 of 808 Page 431 of 808 UNIQUE QUALIFICATIONS Marketing and Networking 0 in 10 Update on Leadership and Innovation conducted by 0!i subscribers. formal« « partnerships 1 " « . City and County Managemen) Association, a r. Association, iuri Municipal League, Oklahoma Municipalrnal Public Employers.rr r «Local Government rers, City Management Association of r Association, i r Parks Society. approximately ilocalf employees f almostto SGR has M local governmentover 0 states forour recruitment, i leadership development business lines combined. 11b SGR will host its Annual Conferenceon 1 ary 1-2, 2018. This conference is designed specifically for local govern me ntprofessionaland will feature sessionschosen to enhance leadership development an« encourage networking.For o ` information i to register,https:Hwww.governmentresource.com/spr20l8. Each executive recruiter has many years of experience in local« f a national networkof f r group works as a team to leverage frequently« ' d write on of «r government executives. Only SGR can work all of r li.. « insider,bettere. better investigation, betterbetter information,1 betterdecisions. Comprehensive Needs Assessment yourorganization's uniquef 4 local« from philosophy, « management style perspectives. i r " l« « «;r r r the right fit for « organization. ding edge candidateand a safe harborcandidate often look the same on paper, but will have profoundly different impacts on your organization. Accessibility Your # throughout process f can be reached by candidates or clients, even at night and on weekends, by cell phone or email. Page 432 of 808 Responsive to You If a problem arises, or you have questions, you can count on SGR staff to be available, prepared, and prompt. Trust of Candidates SGR has a track record of remarkable confidentiality and providing wise counsel to candidates anM next generation leaders; we have earned their trust. As a result, SGR is typically able to get exceptional prospects to become candidates, even if they have declined to become involved in other recruitment processes, because candidates trust SGR to assess the situation well, communicate honestly and bluntly, and maintain their confidentiality. Listening to Your Unique Needs SGR is more interested in listening than in talking. Some firms depend on their tried and truz stable of reliable candidates. These firms do not really need to listen to the client because the recruitment will result in the same list of finaWW" from the client. SGR devotes tremendous energy to actively listening to your organization and Mew provide you with a list of qualified names from a stable of regulars. We work hard to conduct a comM rehensive recruitment that is unique to you. Comprehensive Media Reports One of the worst thines that car, �annp-t fmr vaajrxrq!PTj7�fi4,T iC tm !ra ej w7,ricnl Ir— i MOM IT un R - �Tl I candidate. Each Media Report is compiled from information gathered using our proprietary online search process. This is not an automated process, and produces far superior results than a standard Google search which is typically utilized by other recruitment firms. The report length may be as long as 350 Oages per candidate and may include news articles, links to video interviews, blog posts by residents, etc. No other firm provides such comprehensive media reports. Comprehensive Background Investigation Reports SGR provides the most cornk=rehensive back round investi ation Equal Opportunity Commitment SGR strongly believes in equal opportunity. SGR does not discriminate and is careful to follow both the letter and the spirit of laws regarding equal employment opportunities and -non- discrimination. More importantly, however, SGR believes that equal opportunity is an ethical issue. SGR quite simply will not enter into an engagement with an entity or organization that directs, or expects, that bias should, or will be, demonstrated on any basis other than those factors that have a bearin:r on theabilit of the candidate to Page 433 of 808 Malist grou;c,, SGR Ites %?ve reI2tIixsXi;Ps 2xi c(tA-t2cts;k%Uv;%wi1e 4, eAcutyr?ge th,--mea;%i;%gfY1 participation of women and minority candidates. Value -F- executive recruitment for your organization. Some firms low ball their price, and make up for it by redwring hours are required. Emerging Leaders SG,"..?s 2 vAii;ue ?A1 !.?r?llelel re;FYtatitn -0 engagiiig anli rrientarring ernarging young professionals. We will utze our frequent personal interaction with emerging leaders, as well as our entire team's XIWT.n -?-il ti-WorAA6;41t2MW applicants. Service Guarantee SGR provides the strongest guarantee in the industry. 1. You always have 24/7 cell phone and email access to the executive recruiter and SGR's CEO. 2. If you do not find the right candidate, we will start the process over with no addition professional fees. 3. If we place a candidate, who we have fully vetted through the SGR recruitme process, who stays less than 18 months, we will conduct the recruitment again. wi no additional professional fees. If the organization circumvents SGWs recruitme process and selects a candidate that did not participate in the full recruitment proces� this guarantee is null and void. ;I 4. If we place a candidate with you, we will not directly solicit them for another job. Page 434 of 808 TAB 4 Page 435 of 808 BEY PERS IIFDR niisRECRUITMENT S" Larry Boyd, Senior risingLarry Boyd joined the SGR team in January 2017 after a 35 -year career in law enforcement. He spent the first part of his career with the Arlington, Texas Police Department to the rank Assistantserved as the Police Chief for the 500+ member Irving, Texas Police r rvariet,�r '• !`r throughconsecutive rreduction -. ng a number" of tlows.As importantly, the Police Department enhanced its relationship with Irving's diverse community during challenging times. r r rrneau itniversity and Arlington. He is also a ' r graduateof r Police and National Academy. Ron Holifield,G Ron Holifield is the Founderand CEO of previously r as Assistant City Manager in Piano, Texas, as well as City Manager in Garland, DeSoto, Sundown, and on the Lubbock.City Manager's staff in In 1996, he left city management r purchased Government Relagrew tions the 49th largest y firm in Texas before selling it to an employee. In 1999, Ron founded r to specializen among local governments, with a particular emphasison r o generationleaders. He has grown SGR rthe la estr r+ r r r„ .. .. . r ! r+ r IS d Trequent speaker f:t state r national conferencesand remains a high-profile figure in the city management -crofession. Ron holdsr of Arts in Government from Abilene Public d rfrom Texas Tech University. Page 436 of 808 A 5 6 0 Wo ME. RJEENCE: January 2017 Sepigr Vic ........................... sidenib Exectrt:l to present :.� ! ................... �1 ... . ............ Lne§e!wr ................... 0 Municipal Executive/Director Recruitment 19 Design selection and recruitment process 1111111 Coordinate recruitment and hiring process Sept. 2004 Police Ch P't to Dee 2016 9 111 70 square mflcs/Population 235,000 * Authorized 617 personnel (including Animal Service * Police Department's annual budgmillion �111111111 Manage and oversee delivery of police services * Oversee delivery of animal services * Report directly to the City Manager June 2003Adunjdun AgImLmftnt, LChic F. Openatign to Sept.2004 Manage Departmental operations which include: • Three Geographic Patrol Divisions • Central Investigations • Operations Support Direct reports include five Deputy Chiefs Report directly to the Chief of Police September 1999 �J�n 0 P . ....... . .... .. .. ...... Q. . jqtr�tti� ........... .... ........................ Ashr� 1I.B. ur� to June 2003 ............................. ., Wall, 11111111 Manage technology acquisition and implementation 111111111 Oversee departmental budget preparation and management 111111 Manage Training and Recruiting 0 Direct reports include one deputy chief, three civilian managers, and the Internal Affairs Commander 111111111 Report directly to the Chief of Police Page 437 of 808 April 1997 ArggglgaQ� �Qhief-�Wesf P�ohce Q�iyision� to Sept. 1999 It Manage operational budget and staff of 100 employees 11111111I[ Plan and direct the division's operation and projects �111111 Cultivate the division's community activities October 1982 N-SyrQ) i tonl:llolicel) to April 1997 M. t -."Pohc - �Q , a�ftment E Police Lieutenant 1111111111 Police Sergeant 1111111111 Police Officer Acadetnic 1995 Master of Public Administration, to 1998 University of Texas at Arlington. GPA 3.71 1991 Bachelor of Science Degree in Business Management to 1993 LeTourneau University, Longview, TX. GPA 3.94 Pro essional ................. June 2000 FBI National Academy, 202 nd Sessioi to Sept 2000 Quantico, VA June 1997 Senior Management Institute for Police, Kennedy School of Government, Boston, MA . ........ ......... ........ ......... Eleven consecutive years of crime reduction as Police Chief Implementednumerous community programs including the "Junto program and "Law Enforcement and You." IN Implemented numerous technology initiatives including RMS acquisition and body camera program 11 Chair of the Tarrant County 9-1-1 District Board of Directors R Member of the North Texas HIDTA Board of Directors F8, Past Chair and charter member of the Law Enforcement Informati Technology Standards Council (LEITSC) 0 Former member of "Brighter Tomorrows" Executive Board 11111 Co-authored nationwide study on police domestic violence with th Southwestern Law Enforcement Institute 11111111 Contributing author for "Issues in IT: A Reader for tile Busy Police Chief Executive." 10 Orchestrated the alignment of the Animal Services Division with Police Department Page 438 of 808 Ron Holifield Resurne - JuIv -214-fz Strategic Government Resources, P.O. Box 1642, Keller, Texas 762 Cell: 214-676-1691, PROFESSIONAL 1115TORY Strateogic January 1999 to Present Owner and CEO of this strategic management firm, helping local governments Recruit, Assess and Develop Innovative, Collaborative and Authentic Leaders. Clients have include over 350 local governments. SGR is the largest provider of live and online training in the nation designed specifically for local government, training over 1,000 local government employees every month in 41 states. interviewed and/or quoted by numerous news publications and media outlets including: National Public Radio, Entrepreneur Magazine, Texas City Manager Magazine, Texas Town and City, Government Technology Magazine, GovWire Online Magazine, Federal Computer Week Magazine, CIO Magazine, Dallas Morning News, Dallas Business Journal, Plano Star Courier, DFW Tech Biz, Today Newspapers, Focus on the News, D Magazine, International Association of Chiefs of Police Journal, WOAI TV and KRLD and KTET Radio, as well as the ABC and N13C affiliates in Tulsa and WAMU radio in Washington, DC. Government Relations Specialists - Owner & CEO August 1996 to September 2001 Owner and CEO of this 20 year old governmental consulting firm which represented businesses doing business with government and in legislative advocacy efforts. Doubled it in size, becoming the 49t" largest lobby firm in Texas, and then sold it to an employee to focus all efforts on the launch of SGR. Major clients included over 40 Fortune 500 firms including American Express, Aramark, Automated Licensing Systems, Children's Comprehensive Services, IBM, Quorum Health Group, Library Systems and Services, PeopleSoft,Space Imaging, TXI, Verizon, Xerox and many others. Page 439 of 808 Ronald Mack Holifield Page 2 of 7 Hired to lead a rapid cultural change at City Hall, into a City known for being aggressively customer service driven, highly successful in the economic development arena, and operating in a very cost effective manner. Significant accomplishments include: Named by Texas Business Magazine as a top 20 Texas city to relocate a business. Named by Texas Outlook Magazine as a top 25 city for economic development. Named by Texas Business Magazine as one of the "Best Run Cities in Texas." Increase in commercial building permits in excess of 1,000% over previous year. Lowest crime rate of any major city in the Dallas -Fort Worth Metroplex. City Manager of this rapidly growing city, which owns and operates an electric production and distribution system, a regional wastewater treatment system, a regional landfill, and a heliport, and offers a variety of social services and strong cultural arts. The ninth largest city in Texas, Garland's population was in excess of 220,000 with over 2,300 employees, and an annual operating and capital budget in excess of $350 million. Hired to take this very traditional manufacturing -based community and rapidly position it as a statewide leader, transforming its one-dimensional image and reputation as a blue-collar suburb into that of a leading first tier city. City of Piano, Texas — Assistant City Manager, Assistant to the City Manag November 1986 to November 1997% Served in a variety of capacities in this rapidly growing, premier city, including: Assista City Manager of Community Services, Assistant City Manager of Administration, Acti;;.!,4 Assistant City Manager for Development, and Assistant to the City Manager. Designed a program that doubled mid- and upper-level management minority and female representation in four years. Designed a Disadvantaged Business Purchasing Program that dramatically increased minority business contracts without quotas. Served as Project Manager for a $19.5 million Civic Center Project, bringing it in $2 million under budget. Assisted in negotiating details of the JC Penney headquarters relocation from New York City to Plano. Page 440 of 808 Created Plano's first Convention/Visitor's Bureau that exceeded year six sales d bookings Projections constructionInitiated Plano's first Neighborhood Integrity Program. Creatively designed projects for! r JC Penney to achieve a $750,000 sales tax windfall for the city. Designed an Employee Wellness Program . in participant costscare ♦ only one-third those . • . ManagerCity of Farmersville, Texas — City 1984 to 19S6 0 First City Manager of this full service city, which operates an electric distribution • two city lakes. Citz; of t 1982 to 1984 • City Manager of this full service city, which operates a natural gas distribution system and a municipal golf course. City of Lubbock, Texas — City Administrative Administrative Intern to the City Manager Of major municipally 1 I operates Texas Tech University — Masters ofPublic• Abilene ofArts,Government President MAJOR i for Organizations Managed 3CMA Economic Development * Campaign Award InternationalExcellence for Development Marketingd Local RealtorAds nd International Association r, - Police, Policing� Neig,fir' ,•,Ii •, Award r Governor'sEnvironmental ResourceTexas Natural 1, r' o- Award American Society of Landscape Architects, Texas Chapter, Environmental Stewardship Award for Garland's Spring Creek Forest Preserve - Garland Page 441 of 808 10,7amffi Dallas Business Journal, 1 Garland JournalDallas Business 'Metroplex Real Estate Deal1 • • Garland i l Award for Distinguished 1 • Presentation, 1987-1996 GFOA Certificate of IPREI r I IPl:..',I II III,,, IPAIf °I ICIPAII'"i11 14 Force NationalInstitutefor 'Council Missourif Member,• 1 Recognition Board Author,+' blog, 2013 -present Member,0 Author, "Fourth Dimension Leadership", 2010 0 Member, International City/County Management Association (ICMA), 1982 -present Association 1982 -present resent a Member, Texas Municipal Human Resources Association, 2006 - present 0 Member, Governmental Finance Officers Association, 2010- present PREVIOUS III',�I IPI III I I1,,, I11PAR"rIialwA orq Author / Monthly Column Make a Difference" Forceon Employment Innovations Panel Evaluation Committee ICIVIA/Innovation GroupsNationalPanel * Author, "rhe Public Executive's Complete Guide to Employment Agreements", book published by ICMA and the Innovation Groups Texas InnovationGroups • Author,"Crossing Department published in the International Association of Chiefs of Police National Journal Author, "Redefining Thinking, Structures and the Rules of the Game in Government", article published Town and City Magazine Contributor, State Comptroller Bob Bullock's handbook for municipalities: "Standard Financial Management System for Texas Cities" 0 Texas Municipal LeagueAdvisory Committee 1 LegislativeAffairs 9 TCMA Ethics and Professional Standards Committee Annual Conference Page 442 of 808 Ronald Mack Holifield 51:0EA11UNG ENGAGEIWENTS 211� M National Forum for Black Public Administrators DFW Chapter Conference, 2014 Public Purchasing Association of North Texas, 2014 Missouri Intergovernmental Risk Association Annual Conference, 2014 Texas City Management Association Annual Conference, 2014 American Public Works Association Midwest Annual Conference, 2014 Governmental Finance Officers Association Annual Conference, 2014 National Public Employers Labor Relations Association Annual Conference, 2014 North Texas Municipal Clerks Association, 2014 National Institute for Governmental Purchasing Lone Star Conference, 2014 Missouri Municipal Clerks and Finance Officers Association Annual Conference, 2014 South Texas City Manager's Association 2014 Urban Counties Annual Conference, 2014 SGR Annual Conference on Creating a Learning Organization, 2014 National Public Employers Labor Relations Association Annual Conference, 2013 National Parks and Recreation Annual Conference 2013 Missouri Municipal League Annual Conference, 2013 Washington City/County Management Association Annual Conference, 2013 Nebraska City/County Management Association Annual Conference, 2013 Tennessee Municipal League Annual Conference, 2013 Texas City Manager's Association Annual Conference, 2013 * Government Finance Officers Association of Texas Annual Conference, 2013 * American Public Works Association Regional Conference, 2033 1110 Kansas Public Works Association Annual Conference, 2013 Texas Recreation and Parks Association Annual Conference, 2013 Texas Public Purchasing Association Annual Conference, 2013 Colorado City County Management Association Annual Conference, 2013 Kansas City County Management Association Annual Conference, 2012 National Parks and Recreation Management School, 2012 Texas City Management Study Group, 2012 International City County Management Association Annual Conference, 2012 National Procurement Institute, 2012 Missouri Municipal League Annual Conference, 2012 Texas City Clerk's Association Annual School, 2012 Texas County Clerk's Association Annual School, 2012 Kansas Governmental Finance Officers Association Annual Conference, 2011 Texas City Management Association Annual Conference, 2010 Public Risk Management Assoc. Annual Conference, 2010 Oklahoma City Manager's Association Annual Conference, 2010 Northwest States City Management Association Annual Conference, 2010 Ohio City/County Management Assoc. Annual Conference, 2009 West Texas City Management Association Annual Training Conference, 2009 Page 443 of 808 Uff.-Mum, Page 444 of 808 OTHE WHONORS AND ACINITIES 0 American MESA member 110 Distinguished Alumni, Abilene Christian University Abilene Christian University Public Administration Visiting Committee Texas Tech University, Center for Public Service, Alumni of the Year Page 445 of 808 1 Page 446 of 808 PROJECT METHODOLOGY SGR provides a comprehensive scope of executive recruitment services, and each executi recruitment service contract is tailored to meet the client' speci c needs However, a ful -se i recruitment typically entails the following: 5 fi I ry L Organizational Inquiry and Analysis * Outline Project Plan and Timeline * Individual Interviews with search Committee / Key Personnel (if desired) * Development of Position Profile and Professional Production of Brochure 2. Advertising and Recruitment • Ad Placement • Socia I Media and Marketing of Position • Ongoing Communication with Applicants and Prospects B. Initial Screening and Review * Management of Applications * Evaluation and Triage of Resumes * Search Committee Briefing to Facilitate Selection of Semifinalists 4. Evaluation of Semifinalist Candidates Personal Interaction with Semifinalist Candidates •Written Questionnaire •Media Search Stage i • Semifinalist Briefing Books •Search Committee Briefing to Facilitate Selection of Finalists S. Evaluation of Finalist Candidates •Comprehensive Media Search• Stage 2 Comprehensive Background Investigation Report • Finalist Briefing Books • Press Release (if desired) 6. Interview Process First Year Game Plan (if desire Conduct interviews Deliberations Reference Checks 7.. Negotiations and Hiring Process Determine the Terms of an Offer Negotiate Terms and Conditions of Employment Transition Strategy Post -Hire Team Building Workshop (supplemental service, If desired) & I -OPT Team Building Workshop Page 447 of 808 Step 1: Organizational Inquiry and Analysis In the Organizational Inquiry I and . Analysis Stage, SGR devotes tremendous e_ne_rgt.i__ understanding your organization �suni uecul -F 11 ,�Iture, enviro 19 F-MIZENMEM2 Outline Project Plan and Timeline SGR will meet with the client at the outset of the project to finalize the recruitment plans and timeline. At this time, SGR will also request that the client provide additional information about the community, organization, and position. Information requested will include general information and available resources about the community, school district, economic vitality, political leadership, organization, strategic plan, governing body goals and objectives, budget information, major projects, job description, salary range, benefits package, etc. Individual Interviews with Search Committee and Key Personnel (if desired) Fully understanding vour orziN7;#1a-ra1.tPPdc ir vin -smmct Prifie-1 MOM i ff""--W-t7l7E&yrtt"IWU'PIDWeLidit;unsiuerations,anatne political environment. These interviews last approximately 30 minutes to one hour each and identify individual issues that may affect the dynamics of the recruitment, as well as develop a composite understanding of i preferences. This process helps with organizational buy -in and will assist us in developing the Poson Profile as we look for any significant staff issues or major disconnects that may not otherwise be apparent. Development of Position Profile Brochure Following the individual interviews and internal analysis, SGR will develop a draft Position Profile Brochure that is reviewed and revised in partnership with your organization until everyone agrees it accurately reflects the sought-after leadership and management characteristics. A sample brochure is included with this proposal document. Step 2: Advertising and Recruitment The Advertising and Recruitment stage includes ad placement, email distribution of the Position Profile, responding to inquiries about the position, and ongoing communication with applicants and prospects. Ad Placement / Social Media and Marketing of Position The Executive Recruiter and client work together to determine the best ways to advertise and recruit for the position. Ads are typically placed in various state and national publications, targeting the most effective venues for reaching qualified candidates for that particular Di fl SGR's Preferred strategy is to rely on email distribution of the Poon Profile Brochure to key opinion leaders and potential prospects across the country. The poson will be announced in our "10 in 10" e -newsletter, which reaches over 64,000 local government professionals, in addition to a targeted email announcement to specific professional categories and/or areas of Page 448 of 808 the country. By utilizing an email distributio wag" is 0-"fFfu—s-OTI-EiTWi—gfFp-o—tentiaI candidates and to encourage key local government professionals to share information within their professional circles. Ongoing Communication with Applicants and Prospects SGR communicates with all enthusiastic about the opportunity. Outstanding prospects often will not submit a resume until they have done considerable homework on the available position. A significant number of inquiries will be made, and it is essential that the executive search firm be prepared to answer those questions with fast, accurate, and complete information, and in a warm and personal manner. This is one of the first places a prospective candidate will develop an impression about organization, and it is an area in which SGR excel`?Me`�- organization and provides updates to our Executive Recruiters and applicants of any references made regarding the client organization in various media outlets. Step 3: fnitial Screening and Review This stage of the executive recruitment involves managing the flow of resumes, and screening and evaluating resumes, Management of Applications Handling the flow of resumes is an ongoing and significant process. On the front end, it involves tracking resumes and prom;tlg acknowledging. their MW Evaluation and Triage of Resumes SGR uses a triage trocess to jdentii]N_; Mo rjj&. -F1 ft-T1qWMWW --"1'12dWq-1W% -TWOU" candidates. The triage ranking is focused on overall assessment based on interaction with the applicant, qualifications, any known issues regarding previous work experience, and evaluation of cultural fit with the organization. In contrast with the triage process described above, which focuses on subjective assessment of the resumes and how the candidates present themselves, we also evaluate each candidate to make sure that the minimum requirements of the position are met, and which of the preferred ents. are met Search Committee Briefing/ Selection of Semifinalist Candidates At this briefing, SGR will provide a comprehensive progress report via PowerPoint presentation and will facilitate the selection of approximately B-12 semifinalists. 1� Page 449 of 808 .Step 4: Evaluation of Serriffinallst Candidates Reviewing resuirries is ain Important and valuable step !in the executive recruitment process. However, the simple fact is that resumes can be misleading. They tell you nothing about the individual's personal qualities or his/her ability to get along with other people. Resumes can also exaggerate or inflate accomplishments or exlerience. SGR's han the resume to ensure that those candidates who continue in the process are truly outstanding. Personal Interaction with Semifinalist Candidates SGR's goal is to have a clear understanding of the person behind the resume and what makes him/her an outstanding prospect for you. The evaluation of semifinalist candidates includes follow-up by phone when appropriate to ask any questions about underlying issues. '11ritten Questionnaire SGR will ask semifinalist candidates to comDlete,? mginrp�P7.cixtp writta'r Mwa. MO 11011 na Tne priorities identitled by the Search Committee and usually includes about 20 questions focusing on 5-6 key areas of particular interest to the client. This written instrument will be included in the semifinalist briefing book along with the cover letters and resumes. Media Search Stage I Stage I of our media search involves a comprehensive review of all newspaper articles on the candidate in major news outlets within the previous two years. These media reports at the semifinalist stage have proven hel-rful bZj prospective candidates. The Executive Recruiter will communicate any "red flags" to the Search Committee immediately upon discovery. Search Committee Briefing/ Selection of Finalist Candidates Prior to this briefing, SGR will -Rrovicle each me RM on the semifinalist candidates. The briefing book will include written questionnaires, online interviews, and any additional information obtained about the candidate. The purpose of this R riefing is to facilitate narrowing the list to 4-6 finalists who will be invited for personal interviews. Step 5: Evaluation of Finalist Cain didates Once the finalists have been selected, SGR will coordinate with you -to schedule interviews, Page 450 of 808 Step 6: Interview Process Once the finallists have been selected, SGR will cooirdfinate with you -to schedule interviews. Page 451 of 808 First Year Game Plan (if desired) The "First Year Game Plan" is a Process where finalist candidates are provided with the contact information for elected officials, key staff, and communit liN is, as Weil as critical anal, Conduct Interviews SGR will schedule interviews at a date/time convenient to your oreanizatiof. Ila Deliberations SGR will facilitate a discussion about the finalist interviews and assist the Search Committee in making a hiring decision or on whether to bring back one or more candidates for a second interview. Reference Checks Our reference checks are the most comprehensive in the indus. L: I Step 7: Negotiations and Hiring Process 6-n—ceth'e' —Organization is —re' ad y to make an offer, SGR can Provide a"d—dition"al—as'—— client in -the 'following areas,, sistance -to -the Determine -the Terms of an Offer Upon request, SGR will Provide comparative data for selected organizations, appropriatt employment agreement language, and other similar informatio-i W_ . Negotiate Terms and Condons of EMPIOVment SGR will assist to whatever degree you deem appropriate in conducting negotiations with the chosen candidate. SGR will determine and define anvSQad*1jPAi?c rpr r-a,meq _f Will I I tM negot Page 452 of 808 Transition Strategy There are a variety of transition issues when hiring a new executive. SGR will brief the client on transition issues that need to be addressed and will provide a recommendation on what actions to take. Together, we will create a transition strategy that builds the foundation for a successful long-term relationship. SteP 8: Post -Hire Team Building Analysis (supplemental service) SGR can provide a customized team building workshop after you hire for the oositio ows4low-a-pinn perceives and proc sses information. Because people "see" different things when they assess a situation, they are motivated to take various courses of action, so understanding you and your colleagues' I -OPT Profiles will enable you to work much more effectively as a team. The price is $4,000 for a half- day onsite workshop, plus travel expenses, and $150 per person for I -OPT reports (if not previously completed as part of the recruitment process), which include Individual Analysis Report, Emotional Impact Management or rt, Change Management Reprt, and Team Management Report. Two -Person Reports can be ordered for an additional fee of $50 per report. Page 453 of 808 Page 454 of 808 "nMELINE (STANDARD RECRurrmffi--r) .Nsk * Contract Executed 0 Outline Project Plan, Timeline a Individual Interviews with Search Committee / Key Personnel (if desired) Development of Position Profile Brochure Search Committee Reviews and Approves Brochure * Ad Placements * Accept Applications * Email Distribution and Marketing of Position Profil--; Search Committee Briefing (Slide Presentation) /Select Semifinalists Candidates Complete Questionnaire Stage I Media Searches 11D Deliverable: Semifinalist Briefing Books Comprehensive Media Search Stage 2 Comprehensive Background Screening Repori 0 Deliverable: Finalist Briefing Books Conduct Interviews Deliberations Reference Checks Negotiations Announcement/ Press Release Wedks . ................ - Week I Weeks 2-3 Weeks 4-7 Week 8 Week 9 Week 10 Week 11 Weeks 12613 Week 14 Week 15 Page 455 of 808 Page 456 of 808 PROJECT COST All-inclusive Mai rig "rofessional Services Fee: $18,500 a;; Expenses expensesSGR does not bill the client for any *` for 1explicitly detailed herein. Items incluf'y in the Expenses1 i ainclude: Professional f if quality brochure. brochure (typicallypages) graphicproduced by SGR's designer for of Ad placement y i # f professional pu1 f ns, including trade journals and websites, and related advertising to announce the position. billed at actual co with ;1markup f overhead. # r1 # wi newspapers not part 1 the not -to -exceed ad placement Printing 4 documents fi materials. Reproductionf for f o 1 briefing books presented to the client at 26 cents per copy, Plus the costof binders/binding. drives are billed at $10 each. Comprehensive Media Reports - Stage 2. There is a cost of $500 per candidate. SGR 00 recommends # f 1ia searches on the finalist candidates (up to 6 Comprehensive Background Investigation Reports. There is a cost of $300 per candidate for i f background investigationsprovider. recommends 1 1 comprehensive y background investigations on the finalist candidatesy to '# Travel for the Executive Recruiter (incurred for the benefit # f the client). Meals are billed at a per them rate 1 for breakfast,1 and for dinner. be reimbursed at the current IRS rate. All other travel -related expenses billed back at actualf no markup for overhead. Up to isur (4) visits/trips visits/tripsby the Recruiter to the Organization. Any additional visits/trips by i the Organization be billed over and above the not -to -exceed price.maximum Page 457 of 808 *Supplemental Services The supplemental services listed below are not included in the maximum price above. These - supplemental services include: Online interviews. There is a cost of $200 for each recorded online interview. SGR recommends conducting online interviews at the semifinalist stage (up to 12 semifinalists). Psychometric Assessments. There is a cost of $150 per candidate for the DiSC Management Profile (up to 6 finalists). Candidate Travel. Candidates are typically reimbursed directly by the client for travel expenses. If the client prefers a different arrangement for candidate travel, SGR will be glad to accommodate the client's wishes. Post -Hire Team Building Analysis. A half-day onsite workshop is $4,000, plus travel expenses, and $150 per person for I -OPT reports (if reports were not previously completed as part of the recruitment process), which include Individual Analysis Report, Emotional Impact Management Report, Change Management Report, and Team Management Report. Two -Person Reports can be ordered for an additional fee of $50 per report. * Site Visits to Communities of Finalist Candidates. If desired, the Executive Recruiter will travel to the communities of the finalist candidates to conduct onsite visits. Site visits will be charged at a day rate of / day, plus travel expenses. * In the unexpected event the client shall request that unusual out of pocket expenses be incurred, said expenses will be reimbursed at the actual cost with no mark up for overhead. If the client desires any supplemental services not mentioned in this section, an estimate of the cost and hours to be committed will be provided at that time, and no work shall be done without approval. Supplemental services will be billed out at $250 per hour. Billing Professional fees for )t the recruitment. The initial installment is billed after the Organizational Inquiry and Analysis is completed and the position profile has been created. The second installment is billed when _�emifinalists are selected. The final installment is billed at the conclusion of the recruitment. Expense (reimbursable) items and supplemental services will be billed with each of the three "nstallments, as appropriate. Page 458 of 808 Page 459 of 808 PROVISiON OF SERVICE GUARANTEE repeat the entire process at no additional professional fee until you find a candidate that you desire. AdclitLnxaft-�- %-ko 2 within 19 months of their hire date. SGR will reDe2t tke nr 17TWITO I r i th14 'wilIPMON0, "N" M 1 0 TITJ Page 460 of 808 Page 461 of 808 Refe. reinces Erik RejIno, Assistant City Manager City of « «,«« 0i) Email: ereii o@levellandtexas.org Phone: 806-894-0113 Project: Police 1 Chris Hillman, City Manager City of Irving, Texas (pop. 205,500) Email : chillman@cRyofirving.org Phone: .fi# N Fitzgerald,Joel Chief of Police City of Fort Worth,(pop. 728, 0 "' «. V&PYXII 1 1 1 Project: Assistant . «i . P M Will Johnson, Police City of ««r II IIM; « �', « Phone: 817-459-5702 f MemberLori Kinnear, City Council District City of Spokane,««p 2010; lkinnear@sPokanecitv.org Phone: y", « " Project: F «, Page 462 of 808 TAB 10 Page 463 of 808 Receirit Police aind Public Safety Related Executive Recruitments R11111.1kneice Searches of kllci�,-.!!�, '11"Im s (pop. 1..9,,000) Chief Of P,161111CAR, (21r,)13) 11110 Austin, Texas (pop. 786,000) - Director of Homeland Security and Emergency Management (2017) * Bainbridge Island, Washington (pop. 23,000) - Police Chief (2013) * Blaine, Minnesota (61,200) -Safety Services Manager/Police Chief (2017) * Broken Arrow, Oklahoma (pop. 105,000) - Police Chief (2017) * Colleyville, Texas (pop. 23,000) - Chief of Police (2010) Colleyville, Texas (pop. 23,000) - Chief of Police (2011) Denison, Texas (pop. 23,000) - Police Chief (2011) Fate, Texas (pop. 7,500) - Director of Public Safety (2013) Flower Mound, Texas (pop. 65,000) - Police Chief (2013) Forney, Texas (pop. 17,500) - Police Chief (2016) • Freeport, Texas (pop. 12,000) - Chief of Police (2010) • Irving, Texas (pop. 205,000) - Chief of Police (2017) • Kalamazoo County Consolidated Dispatch Authority - Executive Director (2015) • Lakeland, Florida (pop. 93,000) - Chief of Police (2014) • Levelland, Texas (pop. 12,000) - Chief of Police (2017) • Lancaster, Texas (pop. 36,000) - Police Chief (2013) • Memorial Villages Police Department, Texas (pop. 11,000) - Chief of Police (2013) • North Texas Emergency Communications Center - Executive Director (2016) • North Texas Emergency Communications Center - Executive Director (2015) • Overland Park, Kansas (pop. 178,000) - Police Chief (2014) • Plainview, Texas (pop. 21,000) - Chief of Police (2014) • Pitkin County, Colorado (pop. 14,800) - Emergency Dispatch Director (2016) • Port Arthur, Texas (pop. 56,000) - Chief of Police (2016) • Sealy, Texas (pop. 6,000) - Chief of Police (2015) • Snyder, Texas (pop. 11,500) - Police Chief - in process • Spokane, Washington (pop. 203,000) - Police Chief (2016) • Temple, Texas (pop. 60,000) - Chief of Police (2015) • Terrell, Texas (pop. 19,600) - Police Chief - in process • Victoria, Texas (pop. 62,000) -Assistant Police Chief (2016) Component Based Searches* *_Ar1ffiU0_n, RF�PWP- 380,000) -Assistant Police Chief (2014) and Chief Administrative Officer (2017) 1 • Azle, Texas (pop. 11,500) - Police Chief (2014) • Big Spring, Texas (pop. 24,000) - Police Chief (2013) • Burleson, Texas (pop. 36,000) - Chief of Police (2014) • Cape Girardeau, Missouri (pop. 38,000) - Chief of Police (2013) • Charlotte County, Florida (pop. 141,000) Public Safety Director (2017) Chickasha, Oklahoma (pop. 17,000) - Chief of Police (2015) Clute, Texas (pop. 10,000) - Police Captain (2016) Converse, Texas (pop. 18,000) - Police Chief (2016) Page 464 of 808 119 Dalhart, Texas (POP- 8,000) — Police Chief (2011) Dalworthington Gardens, Texas rrr 2,400) of ' ► i Edmond, ► .i Ali, — Chief of Police (2016) 15) ►rt (pop. 111 Police Chief (20 16) * Grand Prairie, Texas rrr ► 111 Policeef i 11) * Greenville, Texas rrr illi Police(20 10) Joshua,rrr 6,000) Police i IP Kyle, Texas rrr 28,000) —of Police (2010) Lawton,Oklahoma (pop. 97,000) of 'r i 12) 0 Miami, Oklahoma rrr 9Il— Chief of Police (2015) Midland, ►►' 111 Police * Mount Pleasant, Texas ►r► III PoliceI 12) ' ► rrr 103, Ili * Rockwall, Texas rrr 36,000) of 'r 1 15) Rowlett, rrr ff!f of `r(2012) ► wlett, Texas (pop5 6,000) I0 of Police (2013)Texas(pop. 26,000) Police Chief (2011) St. Charles, Missouri rrr +gill `r 1 Trophy12) ' rrr 111 Police i 14) Victoria, r■p iI1+ of 'r(2011) Victoria, (Pop. 62,000) — Assistant Police I x * Waxahachie, Texas wr 29,500) of Police L 14) * Westworth Village, Texas (Pop. 2,400) — Chief of Police (2104) * Yoakum, Texas rre If'. Police f ce (21012) rrr �'� illi 'r f ► r ►rr �' lil, r 2 rr *Component based services include, but r mediaapplication management, r r, ► � 'rtr background invest r rrmedia� r r Population are approximate. we Page 465 of 808 id!tjjm,,Ir,,jt Clients Arizona Arkansas • Fort Smith • Hot Springs Colorado * Commerce City * Craig * Durango * Englewood * Gunnison * Northglenn * Pitkin County * Trinidad * Vail * Wheat .- 1,,, rd , g lorida Arcadia Charlotte Count De Land Delray Beach Hallandale Beac # Jupiter a Lakeland 9 Lee County 0 Palm Beach Sho 0 Plant City 0 Sunny Isles Beac 0 Tamarac * Winter Haven I-owa 0 Davenport Kansas • Hutchinson • Lenexa • Manhattan • Overland Park • Topeka • Valley center Louisiana * Shreveport Michigan * Kalamazoo County Consolidated Dispatch Authority (KCCDA) * Midland * Muskegon Heights Mississippi 0 Hancock County Port& Harbor Commission Missouri * Ballwin * Cameron Cape Girardeau Grandview Parkville Raytown Sikeston * Springfield * St. Charles Nevada * Las Vegas * Washoe County Page 466 of 808 Page 467 of 808 experience. I admire your level of Professionalism and hope that I get a chance to work among such a wonderful team in future." July 2016: "1 also appreciate your engagement with me as a candidate during this process. It has been one of the most professional experiences with a recruiter I have had. You should be commended for your efforts to lead such an effort. In the future, if I ever need assistance to fill a position, I will surely keep /.;. in mind." July 2016: 'The more I deal with you, Ron, and the rest of your team, the more impressed I am with your level of professionalism and • You are awesome." June 2016: 1 have been very impressed with your selection process. This has been a very time consuming process for candidates like me but I see a great value for the employers. You have developed a great selection process. Honestly, when I compare it to what my colleagues and I have done at Big 4 firms, your process is more comprehensive and much better." May 2016: 1 just wanted to take a moment of your time to thank you for your very professional demeanor while conducting the job search for the [city]. SGR is very thorough. I am impressed by the diligence of SGR. All interviews are a continuing learning process; I have learned from this experience, especially the video interview. You all are very kind; and, I wanted you to know that I appreciate having this experience and appreciated the interaction with everyone at SGR." April 2016: 1 must say, this has been one of the most professional and well organized recruiting processes I have seen in a very long time. You and your team have kept the candidates abreast of the process completely along the way. Thank you kindly for going the extra mile to make this a very pleasant experience. You and your team represent the HR profession amazingly. Simply impressive." March 2016: "Thank you for the update. I wanted to let you know that I truly enjoyed your recruitment style. You are timely and informative. The information sent by yourself and [SGR staff) is relevant and a wonderful way to keep potential candidates 'warm' while you evaluate resumes." February 2016: "1 just wanted to say how nice it is to get updates on the status of the berinneq one ♦ the best run searches I have been a part of. Thanks again for keeping us all in the loop." January 2016: 1 would like to say that I really appreciate the level of communication from you and SGR regarding the status of the process in [city] and what the expected next steps were. I have dealt with a number of search firms over the last year and SGR has done an excellent job in communicating with applicants. Far too often I have heard nothinq. from the �TRt� -IMI&MMI other sources that the position had been filled. Again I really appreciate the level of communication." December 2015: "SGR really is a class act and I appreciate the �oersonal nature of-� you must have an excellent staff. I have been through more than a few applications while transitioning from the military, and I will tell you that your company stands at the top." November 2015: "1 sincerely believe your personal courtesy and agency is the most professional of any I have ever experienced." Page 468 of 808 Following are a few unsolicited quotes from emails we have received. This unsolicited feedbac.t., demonstrates t�at our nracK;:�►�i 4=01I 194=51 � I om "N 1W UICTIF-1 1(rAUkrAW1r±W§&1 TMEA is proniorrm-Mae"Re OF11A Lode 0 Ethics. May 2017: "Thanks so much for SGR's help. We had dozens of well qualified applicants, and most would probably not have been received without the support and expertise of SGR. The contacts and network that SGR brought to the process were invaluable. [Recruiter] was a joy to work with. He was extremely professional and knowledgeable. He guided us through the process and kept us on the preset timeline." May 2017: ".J do appreciate your and you company's professionalism, but more importantly the thoughtfulness and personal attention you provide candidates, which I'm sure is equally provided to your client. That attention is May 2017: "Thanks for the update. I have to admit, I've never received a status update note from a recruiter providing such an informative message about what is happening with the position. I really vpreciate it and as a human resources %est practice." May 2017: "Thank you so much for sharing the article. I haven't seen another executive recruitment firm Lpe so proactive and engaged with job candidates. Very impressive." April 2017: "Ron, I thought I would reinforce to you, how much I appreciate the way your staff, likz- [recruiter) and others, stay in touch with applicants throughout the process. You are unique in the current trends of electronic application systems but some are operated. by people not functioning like "Servant leaders' ' y - . - - . I i - . J► AT. 110"Mr, I I - VMF-Frormamm February 2017: "[t]hank [recruiter) and Ron Holifield for your professionalism and timely attention to my inquiries and concerns...) sincerely appreciate the firm's commitment to its clients and the applicant Pool." January 2017: �Manks to your company for all of the opportunities that they allowed me during my brief stint amongst the unemployed. You have amazing people working for you." December 2016: "1 truly value your level of communication in this process. I'd not realized my commitment to communication until being in a position where there is an extreme lack oi communicatjAF6;s7A-'-.%v-ts.a,,t can be done." October 2016. "A special thank you to [recruiter). He was very helpful during this process. I will definitely be recommending SGR to my professional colleagues.' Au 1. ust 2016: "Tha I► I I vitr-ra.Tkin - 110181JEN14 JJW1d10MNt,-,?;11 . s 0 - , - I -it 1 Page 469 of 808 Page 470 of 808 E xecutive Recr itb, ent Pi I jolpj 1110 Fleet Equipment ie Senior tr I r Page 471 of 808 * IT Manager (Police Department) * Senior Software Developer 7-14N&T Chief Knowledge Officer Legal * Assistant City Attorney * City Attorney (individual and Firm) * Court Administrator * Director of Municipal Court Service..- * First Assistant City Attorney Library * Librarian * Library Direct * Senior Librar I Marketing and Community Engagement * Community Relations Manager * Community Services Administrator * Community Services Director * Director of Community Affairs * Director of Marketing and Community Engageme * Public Information Officer * Public Relations Coordinator Metropolitan Planning Organization 0 Director of Metropolitan Planning Organization Museum 0 Museum Director Parks and Recreation * Parks and Recreation Director * Park Superintendent * Program Area Manager (Parks) * Recreation Superintendent Public Safety/EMS/Emergency Management * Assistant Fire Chief * Assistant Police Chief * Chief of Public Safety * Deputy Director, Emergency Communications * Emergency Dispatch Director Iwo Emergency Management Coordinator • EMS Executive Director • Executive Director, Emergency Communications • Fire Chief • Homeland Security and Emergency Management Director • Lieutenant • Police Chief • Public Safety Director • Safety Services Manager Public Works/Utilities/Engineering * Assistant City Engineer * Assistant General Manager for Water District * Assistant Utilities Director * Chief Plant Operator * City Engineer City Planner City Services Director Deputy Director of Public Works/City Engineer Deputy Director of Utilities Director of Engineering & Environmental Services Director of Projects & Engineering 0 Director of Public Services * Director of Utilities a Electric Utility Director Electrical Engineer Engineering Project Manager Engineering Services Manager for Water District Planning & Engineering Director Planning Manager Public Works Assistant Director Public Works Director * Public Works Director/City Engineer * Water District Executive Director * Water District General Manager Transportation/Fleet Serwices Assistant Municipal Garage Superintendent Director of Operations and Maintenance Director of Street Operations Equipment Services Manager Facilities Services Manager Fixed -Base Operator Services Page 472 of 808 E)IceCLIt!"liIhe °I�i� wa �wllpi�"i i��G�� d�,llle�lPIIw S111IIJ,ic'm Administration Assistant City Manager 0 Assistant County Manager 0 Chief Administrative Officer 0 City Administrator/City a r o r 0 City Secretary 0 Deputy City Manager uw Director of Administration In, Executive Director - -.. Administrative Services Director Arts Director Assistant Police Director Chief Medical Event/Marketing Specialist qoIntergovernmental * Management Assistant * Manager of Town Services Services/EnvironmentalAnimal Animal Services Manager Animal Shelter Manager Animal - Manager/ Director Assistant f of Code Compliance/Animal DirectorWelfare of Animal Care and Control a Director 1 Regional 0 Environmental Health Director 0 Executive Director 1f Animal Services Development 0 Assistant Director of Planningf Development o Assistant Property f Director Building fi a City Inspector 1110 Community Development Direct '`f/ Deputy A 1 Development Development Municipal Services Director Neighborhood Services Director New Urbanist Planning & Community If 1m Director Property Director Redevelopmentf Senior f . o, Tourism f Community Development Direct] Economic r 0 Assistant Economic Development f, Chamber of CommercePresident CV8 Executive Director Director of the Office of ED Downtown Development Economic .r, Corporation President/CEO Economic , f DDirector EconomicDevelopment Executive Director of PortCommission Senior Redevelopment Vice President/Chief Econ Development Officer Finance fr ft * Assistant Director of Budget Director/ Capitalf Budget * Chief Financial Officer Deputy f of * Finance Controller/ Auditor/ * Finance Director/Finance Officer * Finance Manager Purchasing Senior Accountant Senior1 in Treasury Supervisor Human Resources/Civii Services a Assistant Human Resources /, in Chief Performance Director of Human ResourcesI Human Resources/Civil fi Information I" - f gy 11111 Chief Information n Chief Technology a GIS Manager 0 IT Assistant Director 0 IT Developer/ Director/ Manager Page 473 of 808 lit C."."`lli e n lis Texas, continued •North Texas EmergencyCommunications Center( TFCC) •Odessa • Palestine •Paris • Pearland • Pflugerville • Piney Point Village • Plainview • Plano • Port r • Port Lavaca • Port Neches • Prosper • Red Oak • Richardson • Richland ills • Riverbend Water District • Rockwall • Round Rock • Rowlett • Royse City • Schse • San Angelo • San Marcos • San Marcos/Hays County EMS Seabrook Seagoville • Sealy • Snyder • Socorro • South Padre Island • Southlake • Stephenville • Sugarland • Sweetwater • Temple • Terrell • TexAmericas Center * Texarkana Woodlands Tomball * Trophy Club * Tyler * Victoria * Waco * Waxahachie Weatherford * West Lake Hills * Westlake * Wichita Falls Willow PointWills Yoakum Washington •Bainbridge Island Bellevue •Burien • Clark County •Des Moines Richland • Shoreline •Spokane • Spokane Valley •Whitworth Water District TechnologyOther Organizations Institute for Building Page 474 of 808 Executive Rea uilt„riii� teh't Clients Texas, continued Hutto EDC Dalhart Irving Dalworthington Gardens Jacksboro Denison Jacksonvifle Development Corporation Denison Chamber of Commerce (J C) Denton County Fresh Water Supply District Joshua 1® Kaufman Denton Keller Duncanville Kilgore El Paso MPO Killeen ElPaso Kyle Elgin La Porte Fairview Lake Dallas Farmers Branch Lakeway Farmersville Lake Worth Fate 0 Lamesa Ferris 0 Lancaster • Flower Mound 0 League City • Forney 0 Leander • Fort Worth * Levelland • Freeport 0 Lewisville • Friendswood 0 Lin ale • Gainesville Little Elm • Galveston Longview • Garland Lorena • Georgetown Lubbock Gonzales Lufkin GranburV McKinney EDC Grand Prairie McKinney Grapevine Memorial Villages Pl) ,fob Greenville Midland * Gulf Coast Water Authority Midlothian EDC * Harris County ESD No. 48 Missouri City * Henderson Montgomery * Hewitt Mount Pleasant * Highland Park Nederland * Hudson WNorth East Texas Regional Mobility Humble Authority Huntsville (NET RMA) Hutto North Richland Hills Page 475 of 808 clil licutivie Recrults"nent Cilliellits New Mexico * Farmington * Four Corners Economic Development * Los Lunas North Carolina 0 Orange County North Dakota * Mountrall Williams Electric Cooperative * Williston Ohio • Beavercreek • Franklin County Oldahorna 0 Is 0 Bethany 0 Broken Arrow • Chickasha • Choctaw •Edmond •Elk City •Guthrie •Lawton Miami * Mustang * Oklahoma Municipal League * Owasso * Stillwater Tennessee # Brentwood a Chapel Hill a Mount Pleasant 0 Murfreesboro a Nolensville 0 Thompson's Station Texas 0 Abilene a Addison 0 Alamo Heights * Alice a Allen 0 Alvin & Amarillo 0 Angleton 0 Anna 0 Argyle a Arlington # Atlanta 0 Austin 0 Azle 0 Bastrop 0 Bay City * Baytown 0 Bedford 6 Bellaire 0 Big Spring 0 Breckenridge a Brenham * Bridgeport a Burkburnett 0 Burleson 0 Burnet 0 Canadian 0 Canton Carrollton •Cedar Hill •Cedar Park • Cleveland •College Station •Colleyville •Colorado River Municipal Water District Commerce • Converse • Copper Canyon Corpus Christ! Page 476 of 808 Springsted I Waters 9229 Atlee Station Road, Suite 200 Mechanicsville, Virginia 23116 Anne Lewis, Senior Vice President km�� 804-658-3960 1 S p ri n 9 s t e id 11 W ate, r s ExlECII.IUk,"ir ReciruiHITnerd" O&J'agal- - 111 MERYMMOf b�IWRIILTANOP 99 Page 477 of 808 I GENERAL INFORMATION ..........®®®q®..®,®®®...®..®®®®®.®®.,®®®®®®®®®.,®®®®.®®.®®®® ®®. 10 IIIPROPOSED COSTS ....................................................................... NFIRM EXPERIENCE®®®®®.®®.,®®®®..s.,®®®®®®®.®®®®®®®.a.®®®®®®®.,®®®®®.® V RECRUITMENT PROJECT TEAM 12 ........................................................ SMPLE BROCHURE ....................................................................... APPENDIX r Page 478 of 808 Sptingsted I Waters Station Road, Suite 200 3pr[rigsted I W ate rs M"e`c'ha`nie0sviIJe, VA23116 x L c, u v ° ru it ni e rlt Tel: 804-726-9748 Fax: 804-277-3435 www.spdngsted.com Ms. Julie Oldbury, IPMA SCP, CLRP Human Resources and Risk Management City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 I appreciate the opportunity to submit our proposal for executive recruitment services for the City of Boynton Beach's next Police Chief. Our extensive experience in providing executive recruitment services to cities, counties and other public sector organizations nationwide will be beneficial for this recruitment and allow us to find the ideal candidate for the Ci of the level of importance of this position in cities and counties nationwide and in Boynton Beach, in particular. I We know that you have options for using other recruitment firms. However, we believe that our approach zets us apart from our competitors in the following unique ways: III selected as an op f Fvuup!hf. 'is - issues and priorities that are essential considerations for the City and the selection committee to consider. This Mlrvi-v i omimleted bt dth U y i— GiA64"i"W" -W I T candidate's management style matches the approved management/leadership style profile for the ideal candidate; Page 479 of 808 November 30, 2017 Page 2 (SIW) to facilitate talent management. The system has been designed by SjW to customize applicant flow and tracidng. It allows ease of communication with applicants and the ability to conduct database inquiries for candidates based on characteristics important to the City such as geographic location and specific experience, expertise and qualifications. The proposal document will Provide You the details about our a --r L A-M-t-lyl 7 by email at alewis(a)spn . A y -UT nave any questions, please contact me at 804-658-3960 or �ngsted.com. Our Team would consider it a professional privilege to provide these services to the City of Boynton Beach. Respectfully submitted, Anne Lewis, Senior Vice President Consultant M on Page 480 of 808 City of Boynton Beach, FL Proposal to Provide RIWNVITIV& I MW SJW has a team of seven recruitment consultants available to meet your executive recruitment needs. Each consultant assigned to this recruitment has experience working with cities and the many different disciplines that comprise the City of Boynton Beach organization. Our consultants bring an experienced, ceflected in our internal standard to provide outstanding services that exceed the City's expectations. Since 2012 our combined consultant team has conducted more than 465 executive recruitments. The SJW Recruitment Project Team will partner with the City and designated staff as your technical advisor to ensure that the recruitment process for your next Police Chief is conducted in a thorough and professional manner. Our objective is to generate high-quality candidates and assist you with the screening and evaluation of these candidates. Ite have structured the SJW Recruitment Project Team to draw upon SJW's and Springsted's 50 -plus I - --- . U47 to find the most qualified candidates. Physical Address Springsted I Waters 9229 Ward Kansas City, Missouri 64114 Office: 816-333-7200 nnnnm# �, 4 Rollie Waters, Executive Vice President Consultant Sprinqsted��[Iklaters E:recutive, Recru�i!�!mer�t UY ef Boynton Bnch, FL. Proposal to ProAde ExecutW Romftment SenAms. N Page 481 of 801 T'Uk 1: 110cruftment Bro, churip, De H ........... -vi opnerd arld Thedevelopment of a comprehensi I .......... ...... ......... ve recruitment brochurethat includes a profile of the ideal candidate is an imporM, first step in the recruitment pr es Professional experience, lead O'c 8- This Profile includes the required academic trainin, ISSMA management and personal characteristic., related candidate in the position of police Chief. The recruitment brochure 0 ve a to the success of thgi e at cap -attractive venuefor the successful candidate to live and work. the essence Of the City as a highly will als ha Profil th ums i ,To "are the recrultment brochure' the Rec' tment Pro)Mt Team Leader will come on site to Meet ith the City and desi 9"ated staff to discuss the required background� experiences and management and leadership characteristics for , understanding of the Your Police Chief Position. We meet V/Ith the City to bro den Position's leadership and management requirements� current issues, a our Priorities and to identify expectations for the Police Chief. [s strategic Appendix L] ee example of a recruitment brochure in IrTformation obtained from these meetings, "u ed with I . LAM* OCA WA ..... ..... F. - F NI r 0 M4 I-, u-'Zeu To Turther promote SIPIing':!s',ted 1[ �'n f".; I li Page 482 of 808 Develop diraf. docLiir'neirirts (I ecroi'ilment Brochure, Advertisement, (Marketing lLetter and "i• meiine)„ li;iimctnure eclat to the Cirty for final brochure, commence approval. advertising and distribute 2 Weeks marketing letter. Commence advertising and di,drilbut6on of recruitment brochure. Task ffW Execadiloin of RocnAftment Strategy and Identification of Oualfty Candidates Utilizing the information developed 1 Task I, SW will identify. reach out fi. individuals who will 3 seekingoutstanding candidates for the position of Police Chief. Often, well-qualified candidates are not actively new ►fpf ffel and will not necessarily respond to an advertisement.However,potential candidate presented opportunity directly and in the proper manner,or she may ,p take pride in our ability f locate highly ►` 1 candidates across1' nation based f professional contactsand relationshipshave developed f maintained over many years. In consultation with the City and lstaff,develop a customized recruitment'' Police Chief'—position o include placingf l af 1 I f f if 11 7 '..... f 4 - f f " 1 These ffibe supplemented by the creation of an appropriate database 1' our extensive, interactive applicant database f. f 1e PoliceChief position. provide ► ., SJW Team with e ability o customize applicant flow i tracking, communication with applicantsand conduct database inquiriesfor candidatesbased f y( characteristics important li 4 the City such .` geographic f w.. f.. r.rarticular experience,expertiseand '` f' 1 ;, Ir ► . f 1 G.. f ■ 1 #: i � . , - , .f „ i . ►i 1 ' ' 1:; 1 to reach consensus on the leadership and management sty` for the ideal candidate.Il will 1 "'. 1 k' f 11 F' f . I f 2. f# N f. l. �^' 1 1. 1 f� i ► fl n lu the candidates to each attribute. Each candidate submitting a resume is sent a timely acknowledgement by our Team, including {fy..f 11.schedule for fl Throughout 11. Mf 1 f k. 4,.TAT" 1114 'f 111111114 f ji, 1 I f 1 f, ` 1 ► /: 1 1 1 i 1 11 . 1 i t f 1. `�, k 1" 1" 4�: f 1► 1 ':� 1 i f ►�. 1 1 f� f 4 * 11 . 1` 1 ' during our recruitments. �Proloo Miinto.:' E. inated Did an . Online data collectidn and IplroMe development. Development of interactive searchable applicant database for recruitment of the Police Chief. Execution of recruitment strategy 51W performs direct outreach to _ Weeks and candidate outreach. prospective candidates identified in the recruitment strategy. Utilization of exterosive applicant database to identify appiicatiions and review applicant pool for comlpeienclesldernogiralphics. Springsted I ester E x e - t.) t i v e R e C r u i I t t 1 rt $ CRY of Boynton Beach, FL. Proposal to Pmlde Executive Pecruftent Services. Page 493 of 808 h= �,,LARPIicants and ReEgnILU &L 7, I earn, under the direction of Anne Lewis, will screen the candidates against the criteria within the position and candidate promes and d elop a list of s -f ist for recommendation to the City. ev emi mal s The most Promising applicants will receive a candidate essa uesti hyl, W vide an online link for the City and others designated, who have input into the hiri decision, allowing them to review and rate the recorded responses. TJIiS provides the organization wi additional candidate assessments that can be customized to fit the unique needs of your city. Throughout the Process, You will have access to Our Master Applicant List MAL), which ,ill provi pertinent data for each applicant. I P • S]W compares applications to the approved ca ap • SJW develops customized candidate questionnaire & due diligence questionnaire to provide to applicants who most closely meet the candidate profile. • Top 10-15 candidates identified as semi- finalists. • Serhi-Final Report is prepared, including the APplicant screening and brochure, master applicant list, cover letter, recommendation of semi- finalists. resume and completed questionnaire of 2 Weeks candidates to be considered. • SJW and the City review and rate video interviews. • SIW sends links to City to review the aggregate responses and ratings. • Semi-finalists complete candidate management style assessment, responses are reviewed, and questions are developed. Linterview •Recruitment Project Team Leader meets with City to review recommended semi-finalists, City I MAJOI-fe V alists for on-site interviews. S pringsted, Z 'IV, � , o 4 i 1 1G Page 484 of 808 Task IV. Conducting Bac!grouriid Checks, Rerereince Checks and Academic Verifications '11'hen the City approves of a group of finalists for on-site interviews, SIW will begin the process of conducting reference checks, background checks and academic verifications. A Confidential Reference Report is prepared for each finalist to complete our understanding of his/her management and leadership characteristics and professional work performance. 11111111 IffirINTIOMM 1 11111111 111111111111 111 I FIT. • Consumer Credit 6 Bankruptcy • City/County Criminal # State District Superior Court Criminal • City/County Civil Litigation 6 State District Superior Court Civil Litigation Judgment/Tax Lien 0 Federal District Criminal •of Vehicle a Federal District Civil Litigation •Educational Verification To ensure that our quality standards are maintained, we require a minimum of ten business dffys between the time thatyou select thefanalistsfor on-site interviews and when we submit the candidde documeta donforyour fmal interpiewproces& F-f0jod M- owp" rh#Od_DurA!lon - Finalists complete narrative or thelr Finalists complete supplemental most signlficarvl professional) I Week work products. achlevement and a critical problem analysis., - SUW confirms [interviews with Design final process with City for candidates. on-site interviews with finalists. - Travel lo&Ucs are scheduled for the 1 - 2 Days, candidates. Background checks, reference - SJW completes background checks, checks and acadernic reference checks and academic 2 Weeks verification. verifications for Inalhts . 'Fasic Vu Final Inteirview Proms Itpon completion of Task W, we will work with you to develop the final interview process. We will provide documentation on each of the finalists which will provide the highlights of their professional experience and leadership(management profile (Gap Analysis) as well as a summary of the results of the reference checks, background checks and academic verifications. In addition, the Final Report will I7nclude guidelines for interviewing the candidates, suggested interview questions and a candidate --ssessment process for your interview panel(s). J-110 4 *00"1141 Lilt; �LVMI% locto. (Ali Ii colt-7pFFE-Lon p. +g' and related employment considerations and assist with the negotiation of an employment agreemeA.. it'll 11 vvaters E x r, c t i:i � F? �r; INJ'I w'T o:P- I-) f, Cfty of ftnbn Beach, FL. Pmpasaj to Provkie Execdve Reminent SeNim. Page 485 of 808 egy for RecrUitment Diverse Candidates y Page 486 of 808 Final Report is M, ' !: er,�{ u g M brochure, interview h schedule, cover letter,examples Final Report prepared and re City.,1`, resume, candidate questionnaire, two of ' `!' Professional achievements, suggested interview questions, candidate assessment form and management „ Interviews are scheduled, interviews with finalists, Recruitment Project y.. attendsOn-site . and is available to Participate during deliberations Of candidates I +r participates candidateagreement Offer made accepted, It SjW notifies candidates of decision. SJW confirms final process close out items with the ; of Boynton Beach. , egy for RecrUitment Diverse Candidates y Page 486 of 808 IIP iUiirii��u�edlUiiiiii�ii,tr ........................................... . .......................... 11 . ................................................................................................................................................................................. I .................... 11 ....................... ........................ Below is an estimated Timeline for the executive recruitment process. You will be asked during the first on-site meeting to review and approve a Timeline for the recruitment project. It is our intent to conduct the recruitment expeditiously, but not at the expense of finding high-quality candidates for you. CITY OF BOYNTON- BEACR -FL EXECI UTIVE AtCOITIBitiT '4AiY F The following Timeline represents a preliminary schedule for your executive recruitment based on a commencement date of December 18, 2017. Actual target dates will be developed in consultation with and approved by the City, P rQJect.millestbrie Do - RV Pill 40 Target Date S1W completes on-site interviews to develop candidate profile and recruitment brochure; the City approves ad placement schedule and timeline. . Profile development, S1W sends draft recruitment brochure to the City. advertising and candidate December 19, 2017 - The City returns draft recruitment brochure (with January 29, 2018 outreach. edits) to SIR * S1W commences executive recruitment advertising and marketing. * Online data collection and profile development. - S1W commences formal review of applice tio ns and sends most promising applicants a Candidate Questionnaire to provide additional information about background and experience. Candidates complete recorded interview online. - S1W completes formal review of applications and Applicant screening and sends selected resumes and questionnaire assessment and responses to the City for review, Also candidates' Jan 30 ® Feb 16 recommendation of semi- recorded interviews are presented. finalists. - Semi-finalists complete candidate management style assessment and responses are reviewed and interview questions are developed. a S1W meets with the City and recommends semi- finalists; the City selects finalists for on-site interviews, Comprehensive background 9 SW mpes refs nce cecks/ground 1colet rehback check and reference checks Mar 5 checkil academic verification on finalists. completed for finalists. On-site Interviews with 0 SIW sends documentation for finalists to the C°rty. week of finalists. - The City conducts on-site interviews with finalists® Mar 12 or 19 EEmployment offer made 1 p'oyr =candidate._L ® The City extends employment offer to selected weekof acc accepted. r 19 or 26 Ma7i "gip I VVr a 't, ,r Cky of Boynton Beach, FL. Pmpasal to ProVda Exomfive Recwfterd SerWcas. Ex e ":; u 1. ki e Re,,�'� r U � Irm e ri I Page 487 of 808 „ .•• •ni, iii„i //, agUl c/////GLt� Mail ANUZW'T7VV'W'U=u_j relatedexpenses such as advertising, preparation of the recruit th Prcdect support staff printing,f 1 A tion checks aud travel expenses -':: for on-site visits. Travel expenses incurred by candidates7 on-site interviews with the client are not the responsibility of S]W and are handled directly , client organization. all-inclusiveProfessional be billed in four Installments:Nr of r' fee will be beginning the billed . � � recruitment; ' II � v r' 11 M f �' fir 1 i 1► fl ' I tion 1 Phase 11” and 10% upon` acceptancey. ?1 4 i candidate. . PaYMe'1t schedule if selected or this recruitment, All questions f*` the Professional a (includes one _;” on site by Recruitment project Team Leader) "as i "," Identify Quality Candidates to Task 3 — Screening of Applications and Submission of Recommended Semi—Finalists to Client (includes one Phase ll day on site the Recruitment Project TeamLeader) Task 4 — Reference Checks, Background Checks and Academic Verifications :Phase 111 Task— Final sf®n®Ste InterviewsFinalists (includes ta s on she byRecruitment Tea Leader) cuioc o e Conclusion tan r bcandidate x Ir FEES rmine key community - ion of a new Police Chief, " . employees a; would W tlnap SriI'!ryv`��'t'ci,a!"pr City of Boynton M10, FL. Proposd to Provide tjve Rq=ftmeM Serv1 , A Tr4pile Guairantee 1W-119in) ULY11 selection from the ini a candidate to hire. (2) Your executive recruitment is guaranteed for 24 months against termination or resignation for any reason. The replacement recruitment will be repeated with no additional professional fee, but only for project -related expenses. Candidates appointed from within your organization donot qualify for this guarantee. This guarantee is subject to further limitations and restrictions of your state laws. (3) SJW will not directly solicit any candidates selected under this contract for any other position while the candidate is employed with your organization. City of Denton, Texas Carla Romine-Hagmark Human Resources Director 215 East McKinney Street Denton, Texas 76201-4299 940-349-8344 Project. Selection of Police Chief City of Loveland, Colorado Julla Holland, Human.Resources Direct] 500 East 3rd Street Loveland, Colorado 80537 970-962-2372 juLia.hollandfa) ibMflgXLI� .S� Project. Selection of Police Chief City of Charloffe, North Carolina Cheryl Brown, Director of as Resources 600 East Fourth Street, 10th Floor Charlotte, North Carolina, 28202-2853 704-336-5703 clbrownO.ci.charlotte.nc.us' Project. Selection of Planning Director, City Manager, Director of Utilities and Police Chief Chesteffield County, Virginia Mary Martin Selby, SPHR, SHRM-SC Director ofHuman Resources PO Box 40 Chesterfield, Virginia 23832 804-748-1056 hu Wi La)—lel—le—st—eld ik—m IE,xpeirlence The following is a partial list of previous Executive Recruitments: Spr'iii n9stied I VV it C., Gl� of Boynton Beach, FL. Proposal to ProAde Exemike Pacrultmeni SerAces. I Page 489 of 80,? Mr- Rollie Waters, Executive 'vice President Direct.Phon e: (214) 466-24.24 Email: rM%Lersfa)span Recruftment IPirojectTeam Leader Ms. Anne 1jewls, Senior .0 VicePresident Directphone (804) 726-9748 Email: Ads 's d)MMUtqLd.qom -Mr. Art, Davis, SenlorVice President Direct Phone: (816) 868-7042 Email : gJalj§ aaIsP—ri—n-&sLed&om Ms. Patricia Hemino,ver, Senior Vice President Direct Phone: (650 223-30-58 Ent a i 1: S pr[noste d . Ms. Sharon.KIUMPP, Senior 'Vice President Direct.P.ho.ne. (651) 225-3053 Email: Mr. Chuck Rohre, Senior Vice President Direct Phone: (214) 466-2436 Email. mks n�� ski d. . n Ms- JeRelle McDonald, Project coordinator Direct Phone: (214) 466-2445 Email: iMC-In _onaN@spri sted,c-qm Ms. Brittany Rudolph, PrOjeCt COOrdinator airect.phone: (804) 726-9748 Email: Page 490 of 808 internationalRollie Waters 12 �,,whpe Vice fln�u*lenf Rollie Waters is an Executive Vice President with Springsted I Waters. Since 1976, Rollie has been a management consultant to private and public sector clients. He has consulted with national and ► in the area of ► w design , ► strategic management.~ has given various lectures and seminars for organizations in the areas of compensation as it relates o performance management. He is viewed on Il. one of the foremost authorities succession planning h f performance 1 i "` 11 f I r design for the public sector.►. 1 1 ` before 1l 1 s 1 ► ►,�, �I s �u f... �► ►s�. f. Association, ►,e Alliance 1innovation,K x1 f the University of Maryland, National1rum of Black Public Adminors, Califomia Instituteof Technology,the Texas Municipal League (TML), the Intemational.Personnel M. - ► ` Association (IPMA-HR), several international companies in Great Britain, and variouspublic and private sectoragencies ...►.,t organizations. Rollie has been ` ►; :. 1 ` f in thedevelopment 1 competency -based knowledge selection and d development 11 over the past twentyhas 1"`r instrumental in ensuring the proprietary profiles that he has designed attract the rightf `. organization's `f addition, " itknowledgeof performance l .+'- I f f * the management most compatible with the organization's on successionf . led f� ►'.', :If i4 4' :l 1 I.' ► I: ►" 4 1 �:1„. i1 �. 1 f fi. . Rollie has been widely published in national journals and magazines focusing on human 1 challenges. His publications include a research article in the Public Personnel Management Journal titled "The Impact of Behavioral Traits on Performance Appraisal.” Prior to founding W&C, Rollie held an executive position with t ► i". Bradstreet and a managementposition with Owens Corning Fiberglass. Areas of Fixperl&e Web -Based 1 -[l -'Support Management Il►,f"n Competency -based Systems and Development /.:.. �l,� . A I'. • Organizational► y • Mentoring Programs • Performance Manag ,,, f • Succession Planning i L.I 1 1 iIs International : Management . �. 1 ► 4 ` 1Innovation,. member ■ II �1 f f 4 f,, 1 a f I .Ili` .' f f I M 1 1 4 4 i 1 f I I ► �.ff ''I l ►. I 1' I 1 !. "J f l;L 1 I`1 i�fsciences and strategic planning. He received his MBA at Pepperdine University and his Bachelor of Science I" �I .. Ic l11 4' '' 1 f l 1 1 "" 1 f . I ► x . II I J" .+" ►i* ►:" I li 1i► 1 fl.`f 1 II" 4 .1ig"1I .1f "k ►l 4 1" ►i►. I 1 . iM rl ► 4 1 canonsof theprofession. 9..V li'► lid ', N. t11"ll , V City of Boynton Beach, FL. Proposal to Provide Executive Pamitment Services. Page 4i3 1 of 808 ► ► -" Prior joining 1- ► the �, ► City a Managercity Of anagerfortheCityHarrisonburg,- y governmenth, 1 ► ► I1 experience municipal 1 ► s' Resourcesuman Manageme►:�► ��mergency , ► Manager,ParkinAuthority Transit►' Convention Areas of Expertise Recruiting Emergency Mana * Human Resources Management Professional Accomplishments and Education Public Transportation Strategic Planning ,11Community D' rIn-irj PubliccITT's aegree in Ausiness Administration and Management, her Master of Science in OrganiZational Leadership and ►mnistration, as well as a Graduate Certificate in Public Management, all from Shenandoah lwtitute and LEAD graduate of 1" WeldonCooper- for public Virginia. As a member of the Interriational City/COuntY Management Association rtl U 1- a H$ 1' lil A �! achieved1 has been a part of the Task Force on Women in the f status ►the of Credentialed Manager. She Pro ession as well as the Task Force on internship Guidelines. She is a member and served On the Executive Board Of the Virginia Local Government Management Association Page 492 of 808 Arthur- (Art) DaNis ,Seni'or Vice,President and Con.yuharil . . . ............................. Arthur (Art) Davis is a Senior Vice President and Consultant with Springsted I Waters. Prior to joining SJW, Art successfully launched and expanded his own company over the course of 10 years. Art specializes in providing executive recruitment and organizational management consulting services for cities, counties and nonprofits. Prior toconsulting, Art s " erved as Associate Director for the Civic Council of Greater Kansas City, a sita?xa,fit, Ttic4 ciqqviseltf CE,,*s re7resez9r.L sime +f tVe lwg;est c*,1i7aries in the region. One of his responsibilities during his tenure at the Civic Council was to organize efforts to revitalize Downtown Kansas City, MissourL Art coordinated a strategic and master planning process involving hundreds of stakeholders, which resulted in the establishment of development of strategies, revitalization IRIwntown Kansas City. For nearly six years, Art served as City Administrator of Lee's Summit, Missouri, a city recognized as thf� "fastest growing" city in Missouri and the Greater Kansas City region at the time. Earlier positions of responsibty include working for the cities of Lenexa, Kansas and D.llas, Texas, where he served as Assistant to the Mayor of Dallas. a Executive Recruitment 0 Leadership/Management Development # Strategic Goal Setting & Strategic Planning * Organizational Assessment, Design & Development * Organization & Community Facilitation ON Itens 40 1 4V I *Iiili11tilt ;dMilII !A Tff —A kli. tlifi 4J 1,1, ff I A F, V.1 1, �_ ft k 0 k k I I . throughout his career. Art was presented with the L.P. Cookingbam Award by the Greater Kansas City Chapter of the American Society for Public Administration, recognizing his long-term and outstanding contributions in the field of public administration. Springst,elid I Writers City of BDynton Beach, FL Proposal to Provide ExeMiva Reauftent Services, M Page 493 of 808 Patricia i atty) Heminover1 MTHem is a Senior Vice President and Consultant with Springsted I Waters. She has 19 years of public education experience. Prior to joining SJW she was a Client Representative for Springsted Incorporated for seven years. She has also served as superintendentof { ► St. i aul Schools in South Paul, Minnesota.Patty organizational and process improvements, and developing and administering budgets. Patty has facilitated discussions with legislators at the state level education funding, securing ►r 1 i 4 II Paul Schools. Her ► 1w f 1regarding1 human resources and her experience1 with governing boards 111`s from haserved seven years as the South Paul Schools'Director of m. Resources y Finance, Prior to serving as the district's superintendent. She also served for three years as the co . -superintendent of schools for Cleveland Public Schools in Cleveland, Minnesota, after working as its Director of Human Resources and Business Qervices for Patty received i School Finance Award technolo� . 1 1 ►, 1 I f f f `1 .r ► V Professional Accomplishments and Education Educadon MinnesotaState.,-so, MinnesotaMasters of Education Administration ;1 ►i"` BusinessBachelor of Science in Consumer Science, Administration University of nMm. arces `a ► ( 1 s Mini t Program, Management Spm.iM IVIM "'mob tie Id iI V S: a .; ii i t, "'` � &.,r a, Affdiadons ►►ejIr ►EI �.►► Minnesota Associatioof ►oo Officials River Heights Chamber of Commerce NeiAr tate Negotiators ►, ►, CeiWflcadons Human`" 1S-�- Thomas Superintendents L4' Minnesota Page 494 of 808 Sharon G. Klumpp ,Spnior Vh-w 11'r( ident and Convultant . . . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . . . . .. .. .. .. . .. . . .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. . Sharon Klumpp is a Senior Vice President and Consultant with Springsted I Waters. Sharon has extensive experience specializing in organizational and departmental studies,human resource management, and executive search for public agencies. She also assists governing bodies and senior -level managers in the development, execution and evaluation of strategic plans. Sharon has extensive experience in serving government. She has served as Executive Director of the - Metropolitan Council, a seven -county regional Planning agency for the Minneapolis -Saint Paul M-1ir 3MET04", 1. "I WIN T, tut" wffuM =17 4-Rumeininnesota and as Assistant City Manager in both St. Louis Park, Minnesota and Saginaw, Michigan. Her private sector experience includes serving as the chief administrative officer for the Minneapolis office of a major global engineering and design firm. Sharon also served as an adjunct instructor at Walden University, where she taught public administration and organizational change in the University's School of Management. She served two terms on the Ramsey County Charter Commission and was chair for two years. Education University of Kansas, Lawrence, Kansas Masters of Public Administration Miami University, Oxford, Ohio Bachelor of Arts in Political S&w(ce Sair ingsted I Waters Ex,ect.I�vry Recrionrnierit, VIA -2= International Public Management Association for N CRY Of "Ion BeaM, FL. Pro a! b ftVda ExemrM Remitmenj SaMcm. F2 Page 495 of 808 Chuck Rohre huc: Rohre is a Senior Vice President and Consultant with Springsted I Waters. In this role, he is responsible for managing and conductingrecruitment engagements the ► to insure their integrity, ►' and adherence to budget parameters.�i has moire than plus. 35 years of experience in managing and consulting in both the private and public sectors. He has served as Police Chief and Director of Public Safety for North Texas municipalities with populations ranging from 9,000 to 200,000 * beginning his rrsulting career, Mr. Rohre served for three years as Police Chief of Plano, joinedChuck the firm r M�►� ►, i, ,.► ► ►� ► ►' ► ♦ ► recordPublic sector search firm where he man d the Texas and Southwestern operations. He has an and successful track 7 completed ► y extensive nation, ►�� i► i' Midwestern a ► Chiefs,Southwestern states. Among others, he has led recrui,4r-jTiVmm— Police Chiefs, Fire fChief ► ► Parks RecreationDirectors, Finance Directorspublic1 Directors. 2,500 to as large as 700,000'in population. He has also conducted management consultmg assignments in numberof dpublic safety, career development andstrategic ► . rming. He has written and prese► '►' training in a variety of subject areas including, i` ,u►►` Areas of F=pertise • Executive Recruitment 9 Career Development ® Background Investigations# Strategic Planning Assessment Centers 0 Organizational Assessment P�rofessional Accomplishments receivedChuck his bachelor's degree in dareer Development from the Dallas campusof Abilene Christian University e degreeRelations institutifu. He has completed advanced management Administration ,i',dF now on its adjunctand advisory ►o, ►. Chuck completed the Federal Vureau of Investigation'sprestigious LEEDS co Army,urse at Quantico, Virginia, He is a veteran of the United States the United States and the Republicof Viet Nam. ',, r i ¢ III gq'n J Pfit V T ,� c, City Of BOOM .-.t FL. • .PM:: ''Emcufive %atfitment SerAcn. Page 496 of 808 Tlle McDonald . .............. Jenelle McDonald is a Project Coordinator with Springsted I Waters. She is responsible for supp , ortingi the lead consultants throughout the entire scope of the recruiting process as well as providing administrative support to Executive Vice President, Rollie Waters. In this role, Jenelle coordinates communications with candidates, processes resumes and distributes candidate questionnaires. She is also responsible for providing support to candidates regarding technical and logistical issues. She assists the consultants in scheduling semifinalist interviews, submitting profiles for background checks and education verification, as well as notifying the finalists of project status. Her responsibilities extend to `1 i1' "+.+,--. A—.► UTT �11. 4-ff Professional Accomplishments andEducadon. Jenelle is a very task oriented professional with over 13 years of experience in office administration — at least six of those years have been spent in executive level support and two have been spent in human resources administration. She also has over eight years of experience in sales and marketing including over seven years overseeing employees. The majority of this experience began in branch banking as a Financial Sales Supervisor where, in addition to managing day to day branch operations, she also took on the role of coordinating the branch's business development. She went on to merchant services as the Client Relations Executive where she also filled the role of Commissions Analyst with the human resource department. This dual -position entailed managing client escalations, analyzing and adjusting pricing structures, contract nelotiati of commissions. Prior tojoining SJW, Ms. McDonald was involved in real estate investment as the Operations Manager. In this position, she managed the renovation and budgets of over 200 single family homes and provided administrative support once the properties were tenant occupied. Jenelle has an Associates of Applied Sciences in Financial Operations and an Associates in Business Administration. She is currently pursuing her bachelor's degree in General Business at Arlington BaptrkV College. I � 0 Springsted I 'V, ate rs City of BDynlon Beach, rL. Proposal to PWda Exewova Remlt nent Servims. Page 7 of 808 Brittany Rudolph Ann dinator . . . . . .. .. .. . ..—, . . . .. .. .. .. .. .. .. .. . Ms. Lri any 0 p is a Project Coordinator with Springsted I Waters, Providing assistance in the Organizational management of executive recruitments. Her responsibilitiesinclude conducting research, organizing work flow, coordinating activities, information and resources, and assisting candidates and clients throughout all phases of an executive recruitment. Beforejoining the SJW team, Brittany worked in an administrative role at an engineering firm. She was responsible for SuPervising employees, mana,jng contracts "Vrikil hA addition, Brittany assisted Human Resources with recruitment, intervie-w scheduling, new hire on - boarding, training and benefit enrollment. Bachelor of Fine Arts III ingsted QIY Of BOYMn Bead, FL Proposal to `od^ Exeagve Reauliment SoNlogs. Page 498 of 808 Page 499 of 808 M " • 1 Page 500 of 808 Sic-n-VICes Sea,,r(..-,h i POLICE CHIEF 24., 02..,10 1 '7 Group, J! niCIV ......... TO.17alp Page 501 of 808 November , 2017 'THE MERCER GROUP, INC. Higidnbotham, .. Stnrwr,vice.Fresidlent 3245 ..dllnni Suite 697 Daytona IBeach Shores,,Florida32118-9202 727-21.4-8673 Page 502 of 808 i- Cover Lefter lI Executive TABLE OF CONT C R k If. SERVICES, 1 A. ccsApproach.....b R. Work Plan . .............. ...........°.... ..........................®.a,..®.. 6-9 F. The Mercer Group, Inc. is .d..,.am.®.®.®®.__.....- Additional Activities. 12 Sample Agreement ,.Q ............... ®........... .® ®1 mmmm.....iuuuuuuuuiwuuwunn,iiiiipmiumuuuuuuuuoiummiugiiiiip uuuu;M;mmnmuuu,�luuuuim.........................IIIIIIIIIIIIIIIIpIppu,M;!'...... �', 'I1Police�, muuuuuuuuu,muuuuuuuuuupiuuuumur„wmrymuuuuuuum�,muum,u. uumw mmuup�imuuuuu "I�M m '�'�'w�`.��'tbi I i��miuuuuuuu Florida,� I'� W�,�IIPuuuuw, mmuumMllPumi gIIIIPWwM�mm!�m��,,,,, Page 503 of 808 The llte,�x'liiver 113 . . .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . . .. . . . .. .. . 3M S� A10arak A re Sm. 607 . . .. .. . . . . . . . . . . ..... . . . . ............................ . .................... . ......... . .. .. .. .. .. .. . . i 8e&A -si-res. FL 321 Ut rAU (-,712i 673 F,pteik wdkiaiarc ,0ellsoulk-nO November 24, 2017 Lori LaVerriere City Manager City of Boynton Beach 100 E.Boynton Beach B I vd. Boynton lie=h. Florida 33435 The Mercer Group, hic. anderstandb the My of Boynton Beach wishes to ensage the 'rhe Mercer Group, Inc. is pleased to assist the City to recruit exceptionally "IL -qualified candidates for the position of Police Chief if Wected to conduct the sewch and recruitment process for this position, we Vill have no difficulty beginning imlnDdialelY to cmurc a Smooth process. It is our understanding that the scope of work, minimum responsibilitim. and search and recruitment services shall include, but not be limited to, the following: * Develop the ideal profile for the Policc Chief position after consultation Witb the Citv Manager and other necessary staff * Develop and implement a marketing strategy, advertising campaign and ouUv4ch it) best - flit ca�ndidaw,4 1110Conduct preliminwy interviews and candidate screening. 1111V Provide written matefials, including background reports. and flacilitate candidate selection and offer uAli fied cm&dAtas forthe Police Chief ,* To conduct on-site needs assessment f the new P61ice Chief * To develop a comprehensive position profile. To eneomge top level people it) apply %6o would otherwise be reluctant to r ind to tin advertisernera. To save n)sidcx•" mno ol'thc City's time. in establishing the position profile and reviewing applicant& To comply with appropriate personnel reguMions; and to laws (i.e., FFOr Affir=tivc Action and ADA)® To indep=dently and objectivety assm the qLialificatip ns and suitability of candidates for thy; rKwqifion, To mspt ind to A c wxlkWe inquiries and produce all correspondence during the searclL PINpoINTINu WORKABLE SOLUTTONS FROM OUR OFFICES NATIONWIDE WAY %%.Intrcergroizpin4--ilorida-com Page 504 of 808 W'..L). f4iggif WmaTn, Jr. Senior vice President 3 "'HE MI -RCP'R (;Rt)tjp, ME . ....... - — — — ...... . . . .. ......... Page 505 of 808 T,he Nizereell Group!lfte,a AnfiNleiruy ve SuIlImIaL of I What 11 n" IlWe'reer tl arr"I'S ............. IRA MSIgj� 1, ,Rg!A,re hi ...... . __. -I.-..._. r 2411, 20 xxm The Mercer Group, Inc. 'has been in operotion. RV twenty SCVCn Years with Our GQTWr4tc headquarters in Atlanta and offices in thirteen (13) States, including Volusia COuntyi FlOridik- W. D. Higginbothan4 Jr., will be the project manager for Search and Recruitment Servicm to as�ist Boynton Beach and he will serve Boynton Beach from our Daytona Beach Sliorcs location. MW Higginbotham has over 30 years of public sector management experience; a brief bio is available at hilp:// lRerccrgigginc IorJd&cojvLa_houkm Services provided include. but arc not lin.11ted to Imition analysis and preparation of a position profile, recruhment for tbe position, inviting potential candidates to apply, reviewing and screening applications, conductilV intervi,ws.. refaence checks and background checks of selcetcd candidates, recommending a list of final candidates, coordinating -meet and greeC fimetions and final interviews, contract negotiating as required, and following up. We recommend a seven,(7) step ewarch procern m -follows- ..'We -will define work- relationships, job qualifications and TNWrLI- inents for the pa.4tion -the "Position Profile'. HILIEWIMC - l I N Statc_,idc, M -ice nally, and nationa2ly for the LEIREM21 We wi I fuLnd position : mork -to locate qwal v.,antfidant cs. Rea, pige Review We will identify qualified candidates. 4. Candidate Screen -We will thoroughly scr=. pros tive candidate& pec 5, We -will thorogghly eveluate prospective candidates. 16. Interview Prim - We will n:mkc recon-unen dadans and assist inselection. 7 1, _'We vvill facifitate employment and &Ilow-iAp 'to emsiure complete integriq, of the proces& The f(I'mudidate Seireenin is liandled pers sanally and thoroughly by Mr. Higgmibothwn. The g details. of our 7 Step Search.fix =s are wcH defined in our fon-nal proposal for executive search widrecrintmunt mrviees. age -506 of 8b8 %1ifle thu schedule and timelillic will bc determined 4y Boynton Bmm romo i '[ %ving our u�tatiOns, �the schedule wC MCOTTI-mend Prom de vmCks or LESS f �,Dm. Stwl. to fI"j,,gb -fDf t1le Mccmssful candidate To be srjetcwd "M Mercer Grot �ip.. 'PrO'IDS CS a taftl :O�wtf.ftuldi" , inclr ,, ,!I, exp SearchMecrivittwealt Siervicet it Mel, for the Execlitive ,; fted S.M U Of &15 Sc'2irCb1RecrffIt,mmt within 12 cal 'm . ,UAd7S_ CIA VVI moko ten (.10) 10's'arn0 1 Oul- Search and mcndtimensal; work. f,�, 0 0 .) guar-ees atId CXPIWmed in nur,l birrmial ,,r Rbynton Beach, The itea larhile th" wt all important VVC,, "would U -c to tlighlip h,,� figs a, L we W -W kleep w4)rk'Q,9 tMI'l "' ,ala Mment i.17 madia. we azv M-sUltsmiented and Ive kgvew 2. ndidate whom we he've placed with BI)Yntnn Reach Rs lorkg as 3, Beach witbow the hill.' dilates fro.", Boynt IA9fCCmCnt of Boynton Beach. '0" Be-ach Fbr two ye:amafter c(,r;o,[ion Thi On Beach and aqy cojh,L_r r.jicr.yj .5. 11 " Lffhl x-milicts of intcrest. fitst . Wn Beach's e1pp](ty withiin fhc MPM,ws onl'we, will redo the Y; them. vvill :NQ E for our wneices., We to f6rward to befing of smicetO BOY -Mon Beach, TyFri, HERCOR aRour, INQ W.- D_ MWabothow, jr, StRier VrIve P"Mmident 3245 & Admimtk.otovv, Smkiil!, 6117 D"Dn"emelb Sham.'. FIDIrida,32 9 jig TAID 7217-214 7 4%3 CO Mr "wwmw ftit.IIb"�'OU if w� Page 507 of 808 L FIRM INFORMATI�ROUND k. Firm OuWlilificaikions The Mercer Group, Inc - 5579 8 Chambgee &C-51 1 Atlanta, Georgia 30338 (770) 551-0403; FAX: (77q),399-9749 FedcralTaxID No.: 58-1877068 Primary conw infionnation is as follows: The Mercer Ciroup, Inc. W� D. Higginbotham, Jr. Senior Vice President 3245 S. Aflantic Ave., Suite 607 Daytona Beach Shores, Florida 32118 727-214-8673 ml -cc rt) 1L :1,11 .. .............. . ...... ..... ......... .. 7he Mercer Croup, I'M for0w Pnfice Chief nf"Roy tan Beach, Fluriqla Page 1, . . ................................................................. .... ........ . .... . . ......... . . . . .......... . ................................................................................. ... .. . ........... .. . .... ............................... . ....... Page 508 of 808 The'Mercer G,rt,,)up,, lio.icM EXECUTIVE SEARCH TEAM rcar BOYNTON BEACH POLICE CHIEF ...... . . ... . ......... . .. Jim 'Mercer Pmsident Sam inFe"N. . .... .. . ... . . . ...... ....... . ........... . ... ...... Sr. Vire PreMident Durtuins Reachghim.N FL .. . ... . ... ..... Executive Amishant I'Pkvtmm 8emcbShnre,,q, Fl, K:.arokvn prince Mercer -Sr. Vice Presidenq Sjintu.Fe, NM '", i"Opol 0 =x r cl - — — --- ------------------ Page 509 of 808 C'. Resum v o , f u iir K i - 12� D 1111C.-.11111mb—AIIAM, hal..12.991mmif .................. ............. -J.il��j �� IN Prior to joining The Mercer Group in 2011. Mr. Ifigginbothmn"s distinguished public-seclor cmer of Over 30 em has i -s. The Mercer Group, W nc, fbr tfle Police: Ch iefflf Ill30yntoBe�ach, Florida Page 3 ....... .... . .. ........... ............ . .. ... ... . . . . ....................... . .......... .................................................. Page 510 of 808 AR -PORIPM1D Beach, Florida - City, Attorney. 2015 ID Port Orange, FIMida - QIY Muwgei�. 2015 St. Cloud, Florida -- ChY Managgc�. 2015 St. Pete Beach, Florida - COMMUnitY I)cvclopmcnt Dinxtor, 2015 St. Pete Bcach,.Ff -da - Fire Chiel- on _ 2015 St. PetemsbuM FWdu - Police Chief, 2014 TaInPa Bay Area Regional Timsit Authority, Florida - Executive Director. 2014 "emPle 'rermce, �10rida - CitY Manager- 2016 Virgin Islands Housing Authojity� St. ThOTn8s. VT- Director of As -,set Management. -7016 4. '1"' - 0 1 . urim�. ................... . ..... Tbe members of* o ur Jjr-Tn have the quality t' Me to devole to this search so As to.rnect the (Ity cf BoYntotBtach t 's needs, "I"he "Werwr ("vill, aLlp,TY1111111C. f P2910! 4, ..... . ................... . -1-1---1111-I . . ... . 1�1111111-1111-11-1 , � ..... .. ... I . . . ........ .. . .............. Page 511 of 808 If. SERVICES, TWELINE., ANDFIKES (.far Firnals, i aro- ch. ,i:ijr 'l am, IIIZal, E flv� Inen,t, n—ti—B&I-01111 Mile .ii-111,-11�r—su—stir—kll tp.Scopeof S'ervices anil Fe�s A. F it is our understanding that the City ol'Soynton Beach is in need of Executive Semh Services 'for a Police Chiel'Recraitment. It is our further understanding that thescopc ofwork, search and recruitment services sbAl incit4e, but not be limitcd to, the following: Development of Candidate Profile and Recruiwwnt. Strategy Outreach to best -fit candidates and Advertising Campaign. Candidate Screening. * C andidate selectior4 background is * Appoiwment and follow -up - The objectives that we wit! met in order to find the best qualified candidAOS JbT thC Police Chief TX)Sition are &.q follows: EJ 017,"W'&M The scope o I'the projcel will be sufficient. ly broad and in-depth --A) a-, to rnect the requirements f) I' Bo,ynton 11cach- Our approach and style are interactive; we foym a partnership v4th our client to will benefit throup-li ease of implemen- M 1,11111e, MI&I'vel" Gruup-Lac. 1br the Police ("Nef of Ni3nftm Reach, Florida Page 5 . . ......... . PbOb'512 of 808 111. Work. - ii ..................... ScIiii �J� I!: ElLitim:1110 .............. i graiiI Waa 1uiamu WO recommend a seven ®,ssea process as follows- hc,Mierlte;° Gralupi,inc. Far t1lie Police Chief will' BOJ Ueadb, I!lloj ji'la Page 6 513 of 808 We will be responsible foT n-mening the applications received. This initial screening win be conducted by MrFligginbotham by lelephone with the prospective candidate- We will conduct interviews with references who may know the candidates background =d expertise by telephom Where feasible. we will also conduct pemonM face-to-face interviews with top The Mercer Group, Inc, fti-the Flblke OdUf (If 13"1111= Beiach, RON& "71 —' ' ()tw FCPOTI 14ill be premnied in a rnaeAing in which we will discms ()tr recommeadItion. d provide background infom-wtion, � q an . amplc quest'mS and a rafiRg form for the intmiews- In particular, we %v expiain which, ir any,, of the applicants vecific, established by the City Managey (yr wjhcther ff-je tlly tneet the total clitera tale.-i't. final 9mul) SiTnPJy represeents. the best available V BALAIVICE OF 7Mq jvAC.F , INTE NTIONAL1.0"Y LEFT B11LANK Page 515 of 808 7. otiat® and Follaw-n IIIIIIIIIIII iiiiiiij l�ilillIilillIilililli I I ATranging interviews with Boynton Bcach*s City Manager, suff and otherms desired. Providing budget, orgadimlion charts and othcr documents. Place of contact and contact person fbr the search. 101 tat, Wme 'ir lll� llt�� 11gil''llu 11114� 0 - o�rtmnjll- J Ill 'Int q .... ....................... . . . . . . . . W11— The intent ol'this policy %ill apply to intemal Operations. m=uftment and comwiting activities conducted by our fum. The Mercer (I group, Inic. for the Polic�e I of Boyrixom Be�ach. Florida Page, 19 Page 516 of 808 i ;p�11�1 l�ll�illillillill ill�ililill q Kickoff Meeting with the City One wmk following execution OF agreement lntcrviews/Consultatip n with the City Mattager Others (as desired) to Develop Characteristics & Week One Attributes of a Successful Candidate. Develop Compensation Packagge and Job Description. Approvc Recruitment Materials Week Three Access Data Base for Targeted Recruitment of Qualified Individuals and Place A& Week Three (Begin Search) Send Recruilmont. Material/invitation IzUer Week Thme threugh Seven Outreach Telephone Calls Week Tliree thmugh Seven no ledge Receipt of Application Materials As received Ll,'utoff Datef0f` Receipt of Applications Week Seven Screen Applications Against Selection Criteria and Consultant Tnterviews,01"rop Candidates Ongohig through Week Seven Meet with the City Manager to Review Week Eight (Within 3-4 to 45 Days I 'op id' .;F and Assist in the Selection of Beginning Search, ProAde ol'Finallm Candidate Information) Conduct Reference and Background Checks Week Nine & Ten Send Interview Guide to the City Manager of Selected Finalists Week, Ten CommunitYYMW & Greet (as desired) and Conduct Interviews of Selected Finalists Week Eleven Make Selection Wmk-'Fleven Negotiate Agreement Week Eleven NotifY Candidates.Not Seleciud At close ol'scarch process Ili e Ateii"cer ic, ;F,aupjnc, for ttuie, Police OiWf Lff Boyrotaii!i Beach. Ri,,)dd1:1i Page 1, 0 Page 517 of 808 .... . .............. ....... . . ... . ..... .................................................. - --------- The Mercer Group, Inc. proposes a total fee� including all expenses, for 'the Executive Searth/Recraftinent �Services as a fixed amount of $15,150. 'Mere will be NO additional ctwts or expenses paid to The Mercer Group, far -for our services. Items and their associated costs for our services arc as follows: Position Analysis... -,e , ............ — .............. $ 2,000 Outv=h Campaign.. . ...... .............. -- ............... .... 2.500 Resume Review.. . . ........... .......... ............ ....._..........?,750 Candidate Sum. i - ............ ----------- ... - ........ ..... ,750 Background Investigation.. ............ -- ......... ........ . 3,250 Interview Proeesv ............ - ............ -------- ....... . 2,000 Nq- ,,ptiadon and Follow-up.. ................................. TOTAL FEE .................................. ........................ S15,750 The costs for final caWidwes to travel to Boynton Beach for interviews, w the City Manager desims, are not included, -Such costs am nonnally paid by the clicnt,on a mimbursefficnt basis, direcily to the candidates. These costs are difficult to estimate because they depend oil where the zandidates aw located. Ingericral, cosm run about $600 to $750 per persom Boynton Beach's liability to'llic Mcrrer- Group, Inc. for services rendered under our agreement -will not exceed the agreed upon price as staft-d above. We will %tibmit regular invoices for our fi;"- It is our pradice to bill ori third at the staxi of the search, on -L' upon delivery of the serni-finalist application materials, a.nd one-third upon selection of the successful candidate. We will canVly wA all applicable laws, rules and regulations of federal, state and local Government entities, Our ability to cwryout the work rNuimd will be heavily dependmi upon our past experience in providing similar services to others, and we expect U) continue such work in the future. We will, )u or- e our y for any sckl�r"v ciz ty Out. e c ss-ct' proposal is S 125.00 per hour - This document constitutes the agreement between us, It cannot be, niodified cxccpt in writing by both parties. Our agreementAill be interpreted according, to the laws ol'the State of Floxida, ne me rer Grotip, Irmfor the' lice Chief0f BOYWID11 Beadijlaiilda PSI 11 ............... Page 518 of 808 THE MERCER GROUP,, GUARANTEES F. Tliie I "!v of" ouir sca,irch work 2re A Clitut OrgAni"tion: The client is defined as the entire entity, including all departnient& divisions, sections and groups- This assures that all of our guarantees apply to (be enfirce client organization. 2. Two -Year Off Limits-. We will not recruit candidates froyn a client organization for years after WrnpletiOn of a search assignmentwithout theftill agrcetaent or the client, i 3. Placement Off Limits Forever: We will never recruit a candidate whom we have placed in a client organization , as long as helshe is employed by that organig '-dits n without die full agreement of the cliem 4. Continue the -Search: If, for any rcasM the client does not f comfortable selecting a candidate ftom our original recommended group of candidates, we will conlinuc tile search until theclient can make a selection. �5. Replacement of Successful Candidate: If the candidate we place %ith the client leaves the client organization for any reason during the 24 month period following the date of Placement with the clieDL we will replace the candidate forout-ol-pock-et expenscs oniv and therc will be no profmianal fees charged by The Memer Group to inakc the ne%v Placement. 6. 'Parallel Candidate Presentatiow We will not present a candidate simultaneously to more than one client. This per7nits OuT firm to represent one client organizAtion without any conflicts of interest, ® Client Conflicts: If asked, we will diwlose to our clients the name,; of the organizations which are "Off Limitse, that logically would be target organizations on tile tiew search assignment. 8. Decepthre/Misle2ding Search Techniques: We commit to out clients and 10 our 1m),,weive candidates that we will "Mu -se any search techniques which may be considered as deceptive or misleading, 9. Resume Floating: We will not float resumes to organizations in the ho that %ye can collect a fee if that individual is hired, 10. Not Repre.sent Fndividuak: We aSsurc out clients d individuals who inev become candidates that we will not collect a fee from candidates whom we may recornin'end Jbr a positio-n- V'te Nlercei (;roupi, I nic. Fbr flee Pialice,Chiciliuf l311�)Ytjj�mjn j3ejjChj_j0rij& Flage 12 GIII�� "Axnap ActivifififiLft htll h111111: he 1119111, ,wm the Recruito,nenit and'SCIV-41i0n, PRIOCIPS3 .................... As noted above, we can provide the results of a Management *le Inventory on the fimlist candidaws, We can also coodunt. a Myers-Brigp analysis of the team with the new team member foT tewn building purposes. (Mese tuacy be extra cost items.) It. �Pft�oosal �Acee �Aang& 1111ppipppipil p pillip 1�11! w SIGNAXURE: NAME: TITLE, DATE: BALANCE OFTHIS PAGE INTENTIONALLY LEFT BLANK 13 flinie Mercer Group, lix. kn-thc Pic)fice I of Bkiy�itpni Beach, 171alirida, Page 13 ... ......... .... . .......................... ...... . .... ... .. ... ....... Page 520 of 808 A,GREE WIENT This AGREEMENT, made as of this -- day of 2017, Tcn by and bcm THE MERCER GROUP, FN1C. and the City of Boynton Beach, a governmental coqmrati(m. WITNESSETH: WHLREAS, Boynton Heach (hereinafter referred to ws the Thy') has expressed an interest in cAPgjng the services of an executive recruiter to conduct awatch for a Police Chief for the City and Wl IER FAS, The Mercer (hymp, Inc. (hereinafter referred to as "Mercer") h&s subm itted a proposal in M. ponse to the City's request: and WHERFAS, the City hasselected Mercer's proposal as the proposal which best mects its needs and the City desires to hire Mercer to conduct the Citys search for a new Police Chief. and NVIIEREAS, Mercer desires to anisl the City in conducting the City's W,,arch for a Police Chief NOW THEREFORE, in consideration of the IbIlowing mutual covenants and other good amd valuable consideration, the receipt md adequacy of which is hereby acknowledged by all parties Mfr Mercer and the City hereby a" as follows: I . Mercer agarm to provide services andsu"ort to the City in the conduct of the City's scmh for a Police Chief. Mercer agmcs to conduct the City's project in accordance with scope of services outlined in its Proposal to the City dated November 24, 2017. in response to the City's request- MeTcer's propo&%l isincoqkorutcd ky ref"crence and thus made a part of this Agreement 2 'Ile City agrees to compensate Mercer for its services in the amount ol'S15,750 for Professional serviem including all expenses, to conduct the search. Payments to Mercer are to be made as outlined in Mercers proposal to the City. 1 3. The City and Mercer both agree that. this Agreement shall be govcmod by the laws of the State of Florida. 4. SUNSHINE LAW. As Mercer's role is to screen applications and make recommendations Ibr the position of Police Chief, Mercer acknowledgcs thal it -will Iv.subject to, and will comply with, Chapter 286, Florida Statutes. ................... ............................... . ......... ........... I he Mercer G,1111�rlup, Inc,ftir �dic Police chief iof flowiton Beach, Roo& paI — . ... . .......................................................................... 6. The City and Mcrcer both agree that in the event that any dispute wiscs between t parties, the complaining party shall promptly notify the other of the disipmute writing. Each party shall respond to the other party in writing within ten (I vm&ing days of receipt of such notice. T The City and Mercer both agree that any amendments to this Agreement Shall be made in writing. and executed by both partim No proposed amendmclit which is not in writing and executed by both parties sbWl affect the terms of this Agreement - 8. The pwlies sWl have the ri& at either. party's convenience to terminate this Agreement follovAng five (5) days written notit;e to the afficted party. Should either party terminate this Agreement.the City shall only be obli&qW to pay Mv=r for those services already provided. CITY OF ROVNTON BEACH BY`::: MUM THF, MERCER GR(31 W, INC. M W- D- HiWdnboffiam., Jr. 'Senior Vice Pmsident IIP9!1111 The Mercer Ci oup, Inc. fbi fie Police Chief of Bo3nuon Beach, Florida pag .,e 15 Page 522 of 808 6.J. CONSENTAGENDA 2/20/2018 ODCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/20/2018 REQUESTED ACTION BY COMMISSION: Legal Expenses - September 2017 - Information at the request of the City Commission. No action required. EXPLANATION OF REQUEST: Outside counsel has not provided the January 2018 statements to Risk Management and therefore their December 2017 invoice (most recent) is attached. 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 523 of 808 ATTACHMENTS: Type Description D AttachirTIENI'lt (':.,)oir'E)l['I Ch E)rof (3)E)111E)ir'4l JaIllUary D AttacftmE)Illt (':.,)E)l['I Ch E)rof Doody & Ezirtfl JaIllUary 2018 il['I1A0iC',E)S D AttachirTIENI'lt (':.,)oir'E)l['I Ch E)rof Risk JaIllUary D A ttac, lh mE) II'l t (':.,)oir'E)l['I CE)rof Doody & Ezirtfl JaIllUary 2018 Risk I itigatioin Oversight il['IM)iCE)S D AttacftmE)Illt OL.JltsidE) COLJIIIISE�fl Risk JaIllUary D AttachirTIENI'lt OL.JltsidE) COLJIIIISE�flIC: E)C',E)irnbE)ir' 2017 Risk I itigatioin il['IV0iC',E)S Page 524 of 808 Goren, Cherof, Doody & Ezrol, P.A. - January 2018 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 157.9 Hours 17,500.00 Labor -general 2,152.50 Red light camera 2,769.40 Special Fire Assessment 0.00 Unsecured Creditors of Tribune 184.50 Exec Est of BB Homeowners(Dwork, Jonathan) 0.00 Litigation 5,740.00 Model Block Right of Way 389.50 BB adv Bock, Sharon (Leisureville) 0.00 Olen Properties Corp 808.60 Boynton Old School Partnership 0.00 Mulheisen, William (Arbitration) 0.00 711 No Fed Hwy property matters 0.00 Deutsche Bank Natl Trust (Perlowitz, David) 0.00 Predelus, Love (HUD Complaint) 1,532.05 Bank of NY Mellon (White,Jack) 0.00 Po Ying Sem, Trustee (Stanley, Edmund) 0.00 Solano, Yuly and Baluja, Aryana 0.00 Ditech Fin (Daquay, Marcel) 102.50 Secured Holdings 246.00 Seminole Lakes Homeowners 0.00 Town Square 9,323.15 Purchase of Trop Breeze Utility System 676.50 HUD Housing Discrimination 492.00 Nationstar Mtg (McBride, Cheryl) 41.00 Riverwalk Development Agt 0.00 Bank of NY Mellon (Henry, Ivey) 61.50 FNMA (Dysch, Jeremy) 102.50 6th Ave RW Ded BBCRA 301.60 Crossings 635.50 US Bank (Maxi, Kinson & Noncent,0uze) 123.00 Purchase of Col Est Utility System 102.50 TOTAL General Legal Costs -January 2018 43,284.30 Page 525 of 808 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 02/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0603180 Boynton Beach FL 33425 STATEMENT NO: 18792 Attn: Lynn Swanson LABOR - General HOURS 01/03/2018 SHB Discuss pending matters with JAC. Call with Interim Chief Harris re: pending matters. Receive and review just cause memos for Johnson and Evans. 0.60 01/05/2018 SHB Receive and review various emails from Oldbury re: pending matters. Review and revise Fire Investigation report; discuss with JAC. Follow up with Oldbury. 3.40 01/08/2018 SHB Various correspondence with Oldbury. Discuss pending matters with JAC. Receive and review draft letter to Brescia re: FMLA matters; follow up with Oldbury. 0.80 01/10/2018 SHB Receive and review drug test documentation from Oldbury; Telephone conference with Oldbury. 1.00 01/11/2018 SHB Telephone conference with Oldbury re: EEOC claims and investigation matters. 0.30 01/17/2018 SHB Various correspondence with Oldbury re: Brescia matters. Review and revise Johnson and Evans pre -d memos; follow up with Oldbury. 2.00 01/21/2018 SHB Correspondence with Oldbury re: CBA and promotional matters. 0.30 01/23/2018 SHB Receive and review IAFF contract; discuss promotional matters with Oldbury. 0.40 01/24/2018 SHB Telephone conference with Oldbury re: notice of investigation correspondence. Receive and review pre -d memo; follow up with Oldbury and PD. 1.00 01/31/2018 SHB Meeting with Oldbury re: pending investigations and employment matters. Coordinate pre -d for recreation employees. 0.80 FOR CURRENT SERVICES RENDERED 10.60 2,152.50 Page 526 of 808 Page: 2 CITY OF BOYNTON BEACH 02/02/2018 ACCOUNT NO: 306-0603180 STATEMENT NO: 18792 LABOR - General TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 10.60 $203.07 $2,152.50 2,152.50 $2,152.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 527 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Red Light Cameras ACCOUNT NO STATEMENT NO 01/02/2018 MDC Confer with SHB re: status of UTC trials. 0.30 SHB Review court docket re: status of Bacardi case and other pending matters. Receive $50 settlement payments; prepare and file dismissals. Follow up with PD re: upcoming trials. 1.30 01/03/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. Discuss pending Damico trials with MDC. 0.80 01/04/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 0.60 01/09/2018 MDC Confer with SB re: 1/10 hearings. 0.30 SHB Various correspondence with Damico JA and Jacquet assistant re: Sandra Joseph matter/clerk error. 0.60 01/10/2018 SHB Attend red light trials at Delray courthouse. Discuss pending matters with MDC. 3.30 01/11/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. Review agenda item for quarterly red light camera report; prep for meeting. 0.60 01/12/2018 SHB Receive and review continuance notice for defendant Jean; transmit to BBPD. 0.10 01/17/2018 SHB Receive and review orders on pending defense motions. Transmit to PD fro review. 0.30 01/23/2018 MDC Confer with SHB, review Motion to Stay in Altidor; review status of hearings SHB Review status of Bacardi matter. Discuss with MDC. Various correspondence with Hollander re: case status and hearing date. Review court docket re: status of stayed cases. Follow up with PD re: pending trial cases. prepare hearing notice. Request previous hearing transcripts. 01/24/2018 MDC Attend hearings by telephone, confer with SHB. 01/26/2018 MDC Meet with SHB re: status conferences, pending cases. SHB Review pending pleadings filed by Hollander and Arslanian. Discuss hearing and program matters with MDC. Page: 1 02/02/2018 306-0806020 18793 0.50 2.50 0.80 0.40 1.00 Page 528 of 808 Page: 2 CITY OF BOYNTON BEACH 02/02/2018 ACCOUNT NO: 306-0806020 STATEMENT NO: 18793 Red Light Cameras FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO SHANA H. BRIDGEMAN Color photocopies Photocopies RECAPITULATION HOURS HOURLY RATE 2.30 $205.00 11.10 205.00 TOTAL EXPENSES THRU 01/31/2018 TOTAL CURRENT WORK BALANCE DUE HOURS 13.40 TOTAL $471.50 2,275.50 2,747.00 0.35 22.05 22.40 2,769.40 $2,769.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 529 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson General Matters ACCOUNT NO STATEMENT NO 01/02/2018 JAC Onsite office administration; prepare for and attend Commission meeting. 6.00 SHB Various correspondence with Hartford counsel and Triestman re: agreement for services. Follow up with Majors re: Kayak RFP agreement. Follow up with PD re: status of Geofeedia agreement and service matters. Revise revised gun range agreement; follow up with staff. Discuss quasi-judicial disclosure matters with JGH. 2.00 01/03/2018 SHB Follow up with the Hartford re: agreement with City. Telephone conference with Hartford re: revisions to agreement. Follow up with Triestman. 1.00 JAC Review and preparation re: public "comments" vs. testimony at QJ hearings; review medical director assignment issue; meeting follow up. 1.10 01/04/2018 JAC Review re: P&Z meeting and presentation; review docs and status re: Town Square. 2.20 01/05/2018 JAC Review pending assignments and updated reports. 2.40 FLN Reviewed monthly BB foreclosure report before submitting to Jim Cherof. 0.40 SHB Various correspondence with Oldbury and Miner re: public records request matters. Review responsive document prepared by Oldbury Follow up with purchasing re: Hartford agreement. 1.50 01/08/2018 JAC Agenda review; call to A. Parke re: Quantum; call with LL; review with SB; review procurement issue - Sara Suns Park. 2.10 DNT Review and update client and developer re: language for public access agreement; review email and information re: Casa del Mar. 0.80 SHB Various correspondence and telephone conference with Oldbury re: public records request matters. 0.60 01/09/2018 FLN Re: Pelican Point request for partial release, reviewed documents sent by staff; conferred with Jim Cherof twice on matter; two (2) t/cs re: same with Tim Howard; exchanged related emails to Tim Howard and other utility staff. 1.80 JAC Agenda preparation. 2.50 DNT Review title work for unsafe structure 204 NE 12th Avenue. 0.40 KLE emails and telephone calls with Jim re: Sara Sims and retention of Project Engineer 0.30 Page: 1 02/02/2018 306-9001821 18794 Page 530 of 808 Page: 2 CITY OF BOYNTON BEACH 02/02/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 18794 General Matters HOURS SHB FAU agreement - Receive and review additional contract changes from FAU. Follow up with Risk coordinator re: insurance provisions. Revise agreement and transmit to FAU. Various correspondence and conference calls with Slater and Oldbury re: public records request matters. Discuss with JAC. 3.00 01/10/2018 SHB Public records - receive and review various correspondence from PD re Follow up re: Board of Adjustment order. 6.00 KLE Email/Conference with Shana re: Public Records Request, Research 0.70 Page 531 of 808 public records requests; follow up with Slater. Discuss with JAC. Receive and review public records documents from Keyla Miller; follow up with Miller. Receive and review public records document from Oldbury; call to Oldbury. Receive, review, and revise Special Magistrate Agreement. 3.00 FLN T/C with Tim Howard re: 634 SW 1st Pelican Pointe, partial issue matter; drafted letter re: denial of request for partial release letter and sent to inquiring law firm after approval of draft by Tim. 1.00 DNT Telephone conference with Michael Rumpf re: model block lot size issue; review model block plat and lot size issue; review request for opinion on ownership and demolition. 0.70 JAC Review agenda items; case administration and review of attorney assignments; conference with SB re: media requests and 119 issue; review administrative duty issue; review status of Hypoluxo W&S agreement. 3.20 01/11/2018 SHB Various telephone conferences with Oldbury, TAD, JAC, and City Clerk re: response to public records requests. Receive public records request from Merris Badcock re: SIR reports; transmit to City Clerk for review and processing and advise Badcock of such. Receive public records request from Merris Badcock re: IA summaries; transmit to City Clerk for review and processing and advise Badcock of such. Review WebQA public records requests; follow up with City staff. Fire - Telephone conference with FAU counsel re: ride time agreement; revise agreement and transmit to FAU for review and signature. Board of Adjustment - review meeting minutes and draft board order; follow up with Swanson. Correspondence with Majors re: art at City events. 6.30 FLN Re: 634 SW 1st Pelican Pointe, partial issue matter, reviewed email from Melanie Bartel with law firm inquiry about partial release, two T/Cs with Barb Conboy re: same, reviewed documentation and balance spreadsheet details received from Barb; drafted and sent response/follow up emails to Ms. Bartel on outstanding balance. 1.00 JAC Call with JO re: Badcock records request; review agenda items. 0.80 01/12/2018 SHB Telephone conference with Oldbury re: various matters. Receive and review correspondence from Debbie Majors re: ADA matters. Various correspondence with City and PD re: public records; discuss with JAC. Attend Chronic Nuisance Team meeting. Follow up re: Board of Adjustment order. 6.00 KLE Email/Conference with Shana re: Public Records Request, Research 0.70 Page 531 of 808 Page: 3 CITY OF BOYNTON BEACH 02/02/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 18794 General Matters HOURS JAC Research re: ADA website issues; miscellaneous meeting preparation and agenda review; call with TH re: pending matters; review tort defense pleadings / attorney fees. 4.80 01/16/2018 SHB Telephone conference with Slater and Zeller re: public records request 01/19/2018 FLN Re: 1301 NW 8th St- Boynton Beach, FL, reviewed documentation received from Greenfield Law Group, P.A.on status of liens, drafted response re: City's position on status of liens and sent to Samantha Morales, paralegal, ccing Jim Cherof; sent related email to city staff on type of release which should be issued in light of foreclosure. 1.20 Page 532 of 808 matters. Discuss with JAC. Telephone conference with Sgt. Hawkins re: red light camera quarterly report. Prep for Commission meeting re: red light matters. Follow up with City staff re: public records training. Follow up with Krusell re: domain name matters. Telephone conference with Krusell re: pending matters. Attend City Commission meeting at City Hall. Follow up with Code re: partial release of lien. 8.00 MDC Review LPR agreement per JAC, provide comments. 0.50 DNT Telephone conference call with Mike Rumpf re: platting requirements for substandard lots; review city code provisions re: platting requirements and minimum lot width requirements. 1.40 JAC Onsite office administration; review and prepare for meeting; attend Commission meeting; follow up research re: signs; prepare for Predelus conference call. 13.00 01/17/2018 FLN RE: Joshua Woods- 261 NE 16th Court, Boynton Beach FL (outstanding utility issue), handled two (2) calls from from property owner, discussed same with Barb Conboy via T/C and sent email to Lynn Swanson and utility staff to update on status of review; reviewed sections of statutes and code re: to issues raised by property owner. 1.60 DNT review ordinance to provide for revisions to communications facilities provisions. 0.40 BJS Legal Research re: Mortgages 0.30 JAC Commission meeting follow up; miscellaneous research re: Lot 52 replat; review procurement issue. 2.20 MDC Review LPR agreement, forward to City Manager; forward comments to ATS. 0.40 SHB Follow up with City re: public records training. Begin outline of key topics. Follow up re: police chief recruitment committee; discuss with JAC. 1.00 01/18/2018 SHB Attended meeting at City Hall re: Chief of Police selection. Follow up with Chief Harris re: RFP survey inquiry. Receive and review PRR inquiry from Slater; follow up with Slater. 4.30 JAC Review assignments and Assistant City Attorney cases; office administration; review election code -fee issue. 1.70 DNT Review wireless facility ordinance revisions; t/c/c with Mike Rumpf re: sign code issue and update on plat question; review and revise memo re: notification to owner and lienholders for demolition of unsafe structure. 1.40 01/19/2018 FLN Re: 1301 NW 8th St- Boynton Beach, FL, reviewed documentation received from Greenfield Law Group, P.A.on status of liens, drafted response re: City's position on status of liens and sent to Samantha Morales, paralegal, ccing Jim Cherof; sent related email to city staff on type of release which should be issued in light of foreclosure. 1.20 Page 532 of 808 Page: 4 CITY OF BOYNTON BEACH 02/02/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 18794 General Matters SHB Meeting at City Hall re: Chronic Nuisance ordinance matters. Prepare form Chronic Nuisance minutes document. Prepare Chronic Nuisance procedure document. Discuss public records request matters with Slater. Follow up re: alcohol at City -sponsored events. Follow up re: finalizing FAU ride time agreement. JAC Review Assistant City Attorney assignments and case progress; reveiw Quantum annual meeting issues. 01/21/2018 SHB Research and prepare memo to client re: quasi-judicial disclosures; transmit to JAC. 01/22/2018 SHB Follow up re: public records request training matters. RLL Order ownership title report on Memorial Park cemetery property. JAC Onsite office issues; review agenda issues; review P&D issue; call with A. Parke re: replat of 52. 01/23/2018 FLN Reviewed florida statutes and followed up via email with advice to Lynn Swanson and Tobey Brown IDO - question (Continuing Writ of Garnishment); T/C with David Katz and Jim Cherof re: P&D meeting on 1/23/2018; prepared for CAO presentation at meeting; discussed pending matters with Lynn Swanson; covered Planning and Development meeting. KL Send email to Andrew Mack attaching Memorandums relating to 221 NE 9th Avenue and 1641 NW 1st Court JAC P&Z agenda review and call to Chair; onsite office administration; conference with Len Rubin and CG re: Hypoluxo water/sewer; Town Square review of status; conference with IT re: RFQ and dual submittals; review Tropical Breeze agreement and ownership issues. SHB Follow up with Woods re: chronic nuisance matters. Discuss various public records matters with Slater. 01/24/2018 FLN Reviewed documentation received from Lynn Swanson RE: Utility Service - 1000 SW 16th ST - Patricia Hussey; conferred with other attorneys at the office; sent preliminary advice on issue to Lynn and Erin on same. SHB Various correspondence with Sgt. Matson re: Brightline public records request matters. JAC Review Lot 82 ARC issue; call with Groff re: same; review foreclosure issue; follow up re: P&D Board; review Town Square project issues / agenda. 01/25/2018 FLN Reviewed lien and foreclosure information concerning property located at 3643 SE 2nd Street, Boynton Beach, FL 33435 (status of liens) and inquiry on City's position; exchanged several emails with paralegal at inquiring law firm. SHB Meeting at City Hall with Slater and Matson re: public records request matters. 01/26/2018 SHB Meeting at City Hall re: Chronic Nuisance matters. Review, revise, and finalize Hartford agreement; follow up with Triestman and Oldbury re: additional information needed for Agreement. Transmit agreement to City. HOURS 5.30 3.20 1.50 0.30 0.30 4.50 5.50 0.40 5.40 2.00 0.50 0.30 2.30 1.00 4.50 5.00 Page 533 of 808 Page: 5 CITY OF BOYNTON BEACH 02/02/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 18794 General Matters HOURS FLN RE:3643 SE 2nd Street, Boynton Beach, FL 33435 (status of liens), exchanged email to inquiring party and conferred with Jim on same; continued research on utility interruption issue and request for connection from medical doctor. 1.40 JAC Assignments review; review Quantum recorded docs re: options in pending cases; research ROW issue; research platting issue. 4.40 01/29/2018 SHB Receive message form Badcock re: public records matters; discuss with JAC and follow up with City staff. Finalized research on issue re: to reasonable accommodation and provision Follow up with attorney Leach re: request to redact Brightline employee information from public records. Research re: drug free workplace exemptions. 3.00 RLL Call from title examiner requesting all three pages of proposed plat of Boynton Beach Memorial Park; obtain same and transmit to title examiner. 0.30 DNT Review wireless ordinance draft. 0.80 JAC Agenda item review; follow up re: Lot 52. 2.20 01/30/2018 FLN Finalized research on issue re: to reasonable accommodation and provision of utilities, drafted letter to property owner Patricia Hussey re: same, conferred with Jim Cherof on matter; discussed bleeding lien issue with David Tolces. 2.20 RLL Follow up with title examiner regarding status of completion of title report on Memorial Park proposed plat property. 0.20 JAC Review agenda item status; review plat issue; call to A. Parke and call to GD. 1.60 SHB Telephone conference with oldbury re: public records matters. 0.30 01/31/2018 SHB Meeting at City Hall with TAD, Pyle, Oldbury, Howard re:: public records procedures. Receive and review PRR re: bait photos; discuss with JAC. Research exemption options and follow up with Slater. 4.50 JAC Agenda preparation; call with G.D. re: plat lot 52 process. 1.20 DNT Review wireless communication facility ordinance provisions; t/c/c with Katie Hatcher re: wireless communication facility ordinance. 0.80 FOR CURRENT SERVICES RENDERED 157.90 17,500.00 TOTAL CURRENT WORK 17,500.00 BALANCE DUE $17,500.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 534 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Unsecured Creditors of Tribune Company ACCOUNT NO STATEMENT NO 01/25/2018 BJS Review settlement correspondence and draft update to JAC 01/29/2018 BJS Review new settlement offer and draft update memorandum for JAC review FOR CURRENT SERVICES RENDERED TIMEKEEPER BRIAN J. SHERMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.90 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9904908 18795 HOURS 0.30 0.60 0.90 184.50 TOTAL $184.50 184.50 $184.50 Page 535 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Olen Properties Corp., et al ACCOUNT NO STATEMENT NO 01/22/2018 JAC Review Answers to Interrogatories. 0.30 01/29/2018 JAC Miscellaneous trial preparation. 1.00 01/30/2018 JAC Review case status and trial related issues; call to (LM) J. Kenwood; review discovery exchanges / pleadings; call re: McDonald request to meet. 1.20 01/31/2018 JAC Review pretrial stipulation and trial order; prepare for call with LL and staff re: trial. 1.40 FOR CURRENT SERVICES RENDERED 3.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.90 $205.00 $799.50 Photocopies TOTAL EXPENSES THRU 01/31/2018 TOTAL CURRENT WORK BALANCE DUE Page: 1 02/02/2018 306-9904936 18796 $808.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 536 of 808 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 02/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904950 Boynton Beach FL 33425 STATEMENT NO: 18797 Attn: Lynn Swanson Litigation Miscellaneous 01/12/2018 TAD Receipt of correspondence from City re: property damage information. Prepare correspondence to City re: response to records request. Telephone conference with City re: response to records requests. Receipt of use of force report (Han). 1.50 01/16/2018 FLN Re: garnishment for employee Roseline Moyse, exchanged emails with Sherry Miller in HR and with Lynn Swanson re: employment status of Moyse and re: next steps of filing an Amended Answer of Garnishee; reviewed relevant documentation and statutes. 0.80 01/17/2018 BJS Review new forfeiture reports re: Craig/Denson and follow up review under the Contraband Forfeiture Act 0.80 01/18/2018 BJS t/c with Scott Harris and draft follow up correspondence re: forfeiture review (Denson/Craig) 0.50 01/19/2018 BJS Review correspondence from Sgt. Llopis and draft follow up correspondence with legal research, follow up t/c with Sgt. Llopis 1.20 Page 537 of 808 HOURS 01/02/2018 TAD Receipt and review of claim files and prepare outline of issues for discussion with City. Receipt of correspondence and information from claimant re: astro property damage claims. 1.60 01/03/2018 TAD Attend meeting with City re: claims status and settlement/trial issues. Receipt of correspondence re: issues with astro property claim and potential expert. Prepare correspondence to City re: potential expert. 4.30 01/04/2018 TAD Telephone conference with the City re: response to records request. Receipt of correspondence re: administrative issues. Receipt of supervisors incident report (Humphreys). 0.40 01/11/2018 TAD Extended telephone conference with City re: issues with records request. Confer with SHB re: public records request issues and items requested. Second telephone conference with City re: additional requests. Receipt of information from City re: response and issues. Receipt of correspondence from City re: incident report, photographs and report re: potential claim information. Review reports. Additional telephone conference with the City and SHB re::public records requests. 3.80 01/12/2018 TAD Receipt of correspondence from City re: property damage information. Prepare correspondence to City re: response to records request. Telephone conference with City re: response to records requests. Receipt of use of force report (Han). 1.50 01/16/2018 FLN Re: garnishment for employee Roseline Moyse, exchanged emails with Sherry Miller in HR and with Lynn Swanson re: employment status of Moyse and re: next steps of filing an Amended Answer of Garnishee; reviewed relevant documentation and statutes. 0.80 01/17/2018 BJS Review new forfeiture reports re: Craig/Denson and follow up review under the Contraband Forfeiture Act 0.80 01/18/2018 BJS t/c with Scott Harris and draft follow up correspondence re: forfeiture review (Denson/Craig) 0.50 01/19/2018 BJS Review correspondence from Sgt. Llopis and draft follow up correspondence with legal research, follow up t/c with Sgt. Llopis 1.20 Page 537 of 808 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Litigation Miscellaneous 01/22/2018 BJS Review two new forfeiture matters and t/c with Sgt. Llopis TAD Receipt and review of correspondence re: property damage claim and information from expert. Review new claims for meeting with City. 01/24/2018 BJS Review new forfeiture re:: 18-004959 TAD Meet and confer with City re: status of claims and litigation. Review public records issues and property claim issues and trial/settlement status. 01/26/2018 BJS Review new forfeiture matter re: 18-005353377 Lagasi and telephone call with Scott Harris TAD Receipt and review of correspondence from City re: public records issues. Prepare outline of meeting information and issues. 01/31/2018 BJS Telephone call with Scott Harris re: Adversarial Preliminary Hearing with all applicable follow up TAD Attend meeting re: public records issues and impact on risk matters. Attend meeting with risk re: status of pending claims and trial matters. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE BRIAN J. SHERMAN 4.80 $205.00 TRACEY A. DECARLO 22.40 205.00 FARAH L. NERETTE 0.80 205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 2 02/02/2018 306-9904950 18797 HOURS 1.00 0.90 0.30 4.30 0.60 0.80 0.40 4.80 28.00 5,740.00 TOTAL $984.00 4,592.00 164.00 5,740.00 $5,740.00 Page 538 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson City of Boynton Beach Model Block Right of Way Acquisition 01/08/2018 KLE emails with Andrew Mack re: Declaration of Restrictions for Lot 5; ACCOUNT NO STATEMENT NO 01/09/2018 KLE emails and telephone calls with Jim and Lynn, revise Declaration 01/10/2018 KLE email and review documents re: plat/lot size, conference with David JAC Review declaration of restrictions and related lot size issues; research code 01/26/2018 KLE Emails to and from Lynn re: status of recording declaration FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF KERRY L. EZROL TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.80 $205.00 1.10 205.00 HOURS 0.30 0.30 0.30 0.80 0.20 1.90 225.50 Page: 1 02/02/2018 306-9905018 18798 389.50 389.50 $389.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 539 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Secured Holdings, Inc. 01/10/2018 JAC Review case status and related lot development and park issues. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 1.20 1.20 RECAPITULATION HOURS HOURLY RATE TOTAL 1.20 $205.00 $246.00 Page: 1 02/02/2018 306-9905206 18799 246.00 246.00 $246.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 540 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Ditech Financial, LLC (Daquay, Marcel, et al) 01/25/2018 FLN Reviewed Notice of Hearing on Motion for Final Summary Judgment of Foreclosure on matter previously closed and now reopened; reviewed court's docket to ensure no additional action is required by the City. FOR CURRENT SERVICES RENDERED TIPACI.ICCDCD FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.50 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905210 18800 HOURS 0.50 0.50 102.50 TOTAL $102.50 102.50 $102.50 Page 541 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Purchase of Tropical Breeze Estates Utility System ACCOUNT NO STATEMENT NO 01/29/2018 DNT Review asset purchase agreement; t/c/c with Michael Low re: asset purchase agreement for water and sanitary sewer system. 01/30/2018 DNT Telephone call with Michael Low re: asset purchase agreement; dictate and revise asset purchase agreement. 01/31/2018 DNT Dictate and revise asset purchase agreement. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE DAVID N. TOLCES 3.30 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905247 18801 HOURS 0.80 2.00 0.50 3.30 676.50 TOTAL $676.50 676.50 $676.50 Page 542 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson HUD Housing Discrimination -Group Homes Moratorium 01/22/2018 SHB Meeting at City Hall with JAC, Laverriere, and City staff from all related departments re: HUD complaint and conciliation. 01/31/2018 SHB Meeting at City Hall with City Manager and various staff re: status of case and conciliation options. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 2.40 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905260 18802 HOURS 1.50 0.90 2.40 492.00 TOTAL $492.00 492.00 $492.00 Page 543 of 808 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 02/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905263 Boynton Beach FL 33425 STATEMENT NO: 18803 Attn: Lynn Swanson Town Square Development HOURS 01/03/2018 RLL Telephone call from title examiner regarding form of title report to be issued on property. 0.30 01/05/2018 DJD Initial review of documents for Hotel Site; initial review of documentation submitted by E21- Real Estate Solutions LLC. 1.20 01/08/2018 RLL Work to organize documents copies in file; telephone calls from title examiner regarding title to public school parcel; telephone call to Lynn Swanson to obtain more information on public school parcel; examine copy of plat to determine if public school parcel is part of lots 2 and 3 in Block 14. 1.30 DJD Review documentation pertaining to School Board property. 0.60 01/09/2018 RLL Review and examination of property information report on all five parcels; examination of all deeds in chain of title; review tax search on all parcels. 3.80 01/11/2018 RLL Attend telephone conference with DJD and Tim Howard to discuss next steps to proceed with transaction; work to organize form. 1.30 DJD Review proposed documents; telephone conference with Tim Howard. 2.30 01/12/2018 RLL Meet with DJD to review title work to property; contact surveyor regarding question of public school parcel shown on survey. 0.80 DJD Review documentation regarding Development Agreement; parking license agreement and title report. 2.20 01/16/2018 DJD Review documents in drop box produced by Mark Hefferin. 2.30 01/17/2018 RLL Work to organize documents and file folders; telephone call to surveyor regarding structure on public school parcel. 1.50 DJD Review documentation. 1.90 01/18/2018 RLL Further examination of title regarding ownership of public school parcel; contact title examiner regarding deeds in chain of title for public school parcel; further work to organize documents in file. 1.00 DJD Review documents. 1.70 01/19/2018 DJD Review proposed documents. 2.30 01/20/2018 DJD Prepare for meeting w/ staff. 0.30 Page 544 of 808 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO Town Square Development 01/22/2018 RLL Review full size survey with revised legal description; review file folders with Photocopies TOTAL EXPENSES THRU 01/31/2018 01/08/2018 Attorneys' Title Fund Services, LLC - Invoice 770426066 01/01/2018 AT & T Teleconference Services - Invoice 801-006320 Page: 2 02/02/2018 306-9905263 18803 HOURS 0.50 3.80 0.70 2.40 1.80 2.50 2.50 0.40 0.40 4.80 1.50 2.70 48.80 8,956.00 TOTAL $82.00 7,236.50 1,637.50 95.55 95.55 250.00 250.00 21.60 21.60 TOTAL ADVANCES THRU 01/31/2018 271.60 Page 545 of 808 DJD. DJD Prepare for and attend meeting w/ city staff. review email from Colin Groff; telephone conference with Stephen J. Grave De Peralta, Esquire. 01/23/2018 RLL Meet with DJD to review survey of property and title issues; attend telephone call between DJD and title examiner to discuss ownership issue of public school tract in Block 14. DJD Continuation document review. 01/24/2018 DJD Continue review of emails and documents. 01/26/2018 DJD Review documentation, prepare for meeting. 01/29/2018 DJD Review JKM proposed documents and E21- documents in preparation for meeting; address title issues. 01/30/2018 RLL Telephone call from title examiner regarding record title ownership of subject property; obtain and provide copies of plat to DJD in meeting on project. JAC Conference with DJD re: status and CAO checklist. DJD Prepare for and attend meeting w/ developers and senior staff. 01/31/2018 RLL Work with DJD to organize file and documents; create a document diagram DJD Review Phase 2 Services Agreement; telephone call with Jeff Bakinsen, Esq. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 0.40 $205.00 D.J. DOODY 35.30 205.00 RACHEL L LEACH 13.10 125.00 Photocopies TOTAL EXPENSES THRU 01/31/2018 01/08/2018 Attorneys' Title Fund Services, LLC - Invoice 770426066 01/01/2018 AT & T Teleconference Services - Invoice 801-006320 Page: 2 02/02/2018 306-9905263 18803 HOURS 0.50 3.80 0.70 2.40 1.80 2.50 2.50 0.40 0.40 4.80 1.50 2.70 48.80 8,956.00 TOTAL $82.00 7,236.50 1,637.50 95.55 95.55 250.00 250.00 21.60 21.60 TOTAL ADVANCES THRU 01/31/2018 271.60 Page 545 of 808 CITY OF BOYNTON BEACH Town Square Development TOTAL CURRENT WORK BALANCE DUE Page: 3 02/02/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 18803 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 9,323.15 $9,323.15 Page 546 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Nationstar Mortgage, LLC (McBride, Cheryl) 01/25/2018 FLN Plaintiff's Motion to Withdraw as Co Counsel and Plaintiffs remaining counsel's Notice of Appearance as main Counsel for Plaintiff. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905265 18804 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 547 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. U.S. Bank National Association (Maxi, Kinson & Noncent, Ouze) ACCOUNT NO STATEMENT NO 01/16/2018 FLN Reviewed and responded to email from opposing counsel re: setting their motion for continuance of foreclosure trial; reviewed file documents. 01/25/2018 FLN Reviewed Court's Order denying Plaintiff's Motion to Continue Non -Jury Trial and Plaintiff's Notice of Filing Affidavit of Reasonable Attorney's Fees and time and Fees and Costs. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.60 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905269 18805 HOURS 0.30 0.30 0.60 123.00 TOTAL $123.00 123.00 $123.00 Page 548 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Predelus, Love (HUD Complaint) ACCOUNT NO STATEMENT NO HOURS 01/16/2018 SHB Discuss investigation matters with JAC. Follow up with Investigator Lenson re: introductory conference call. 0.30 01/17/2018 SHB Telephone conference with JAC and Investigator Jillian Kenson re: status of Page: 1 02/02/2018 306-9905275 18806 1,517.00 Page 549 of 808 case and conciliation options. Various correspondence with City re: status of property. 0.80 JAC Conference call with HUD investigator; follow up re: same. 0.40 01/18/2018 JAC Follow up re: HUD investigator call and conciliation request. 0.80 01/22/2018 SHB Meeting at City Hall with JAC, Laverriere, and City staff from all related departments re: HUD complaint, conciliation, and status of property. 1.50 JAC Conference with LL and staff; follow up with SB re: investigations; research re: HUD settlements. 1.00 01/24/2018 JAC Follow up call / research. 0.40 01/25/2018 SHB Follow up with investigator re: pending matters. 0.30 01/28/2018 SHB Various correspondence with JAC and City Staff re: meeting matters and additional information to be provided by staff. 0.30 01/29/2018 SHB Follow up with City staff re: complaint matters. 0.30 JAC Prepare for conference and reply to conciliation request. 0.40 01/31/2018 SHB Meeting at City Hall with City Manager and various staff re: status of case and conciliation options. 0.90 FOR CURRENT SERVICES RENDERED 7.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.00 $205.00 $615.00 SHANA H. BRIDGEMAN 4.40 205.00 902.00 Page: 1 02/02/2018 306-9905275 18806 1,517.00 Page 549 of 808 CITY OF BOYNTON BEACH adv. Predelus, Love (HUD Complaint) Photocopies TOTAL EXPENSES THRU 01/31/2018 TOTAL CURRENT WORK BALANCE DUE Page: 2 02/02/2018 ACCOUNT NO: 306-9905275 STATEMENT NO: 18806 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 15.05 15.05 1,532.05 $1,532.05 Page 550 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson NE 6th Avenue RW Dedication from BBCRA 01/10/2018 07/27/2017 Simplifile - E -Record Special Warranty Deed Attorneys' Title Fund Services, LLC - Invoice 770372785 TOTAL ADVANCES THRU 01/31/2018 TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO Page: 1 02/02/2018 306-9905278 18807 26.60 26.60 275.00 275.00 301.60 301.60 $301.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 551 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. The Bank of New York Mellon F/K/A The Bank of NY (Henry, Ivey A/K/A Henry, Ivey Y.) 01/25/2018 FLN Reviewed Order granting Defendant DYC rental's motion for extension of time to file an asnwer by 1/30/2018 and DYC Rental counsel's Notice of Appearance; reviewed file documents. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905286 18808 HOURS 0.30 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 552 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Federal National Mortage Assoc. ("FANNIE MAE")(Dysch, Jeremy A/K/A Dysch Jeremy H) 01/04/2018 FLN Reviewed Plaintiff's reply to City's affirmative defenses; reviewed relevant rules of procedure to confirm city's position re: next steps. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.50 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905296 18809 HOURS 0.50 0.50 102.50 TOTAL $102.50 102.50 $102.50 Page 553 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. The Crossings of Boynton Beach Condo Assn. (Delva, Juckel, et., al.) ACCOUNT NO STATEMENT NO 01/17/2018 FLN Reviewed complaint; drafted answer and affirmative defenses. 2.00 01/29/2018 FLN Reviewed file documents; T/C and follow-up email to Plaintiff's attorney re: extension and City's consideration of X -claim; drafted and sent related emails on X -claim consideration to City Manager. 0.80 01/30/2018 FLN Reviewed drafts of Agreed Order on Extension of Time and cover letter to Judge re: same and forwarded via email to Plaintiff's counsel for review and approval. 0.30 FOR CURRENT SERVICES RENDERED 3.10 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 3.10 $205.00 $635.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 02/02/2018 306-9905305 18810 635.50 $635.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 554 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Purchase from Colonial Estates Utility System 01/29/2018 DNT Review asset purchase agreement; t/c/c with michael low re: asset purchase agreement. FOR CURRENT SERVICES RENDERED TIMEKEEPER DAVID N. TOLCES TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.50 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905307 18811 HOURS 0.50 0.50 102.50 TOTAL $102.50 102.50 $102.50 Page 555 of 808 Goren, Cherof, Doody & Ezrol, P.A. - January 2018 Risk Cases Jean -Baptist, Kevens 1,387.00 Kimsey, Erin (MVA) 82.00 Ford, Sharron(Negligence arrest) 123.00 Andrews, Spencer, v Haugh, Vincent (BBPD Emp) 225.50 Mina, German (Slip & Fall) 1,784.50 Gregory, Mola (Slip & Fall) 3,020.90 Oldham, Dana (fall) 574.00 Robinson, Bennie(False Arrest) 10,416.20 Galindez, Dennis(Slip & Fall) 5,778.50 Caliskan, Hasan(MVA) 0.00 Jenkins, Gail & Leon (Demolition) 148.00 Venegas, Jesusa 246.00 Blutcher, Pamela (MVA) 1,476.50 Goldman, Barry(Bike/grate accident) 8,400.40 Braswell, Jeff rey(Excessive Force) 0.00 Occius, Facilia (P/NG Will -Marc Eugene) 20.50 Broberg, Leif Complaint(2015) 61.50 Novick, James (MVA Public Works) 451.00 Wade, George(auto accident) 623.50 Davila, Danielle (Police) 20.50 Alicea,Linda, Luis,Amanda (auto accident) 82.00 Shevlin, Patrick(false arrest) 758.50 Ryan, Ronald(whistleblower) 0.00 Readon, Jayden, Estate of (police chase) 184.50 Pinkney, Elliott (excessive force) 61.50 Meyer, Tamara (MVA) 348.50 Ortiz, Jade (personal injury) 225.50 Clemens, Jennifer (Personal Injury) 1,243.00 Basinski, Donna (MVA garbage truck) 41.00 Dessin, Naomie (MVA Police Vehicle) 717.50 Estime, Robens (Police Deadly Force) 20.50 Floering, David & Barbara 82.00 TOTAL Goren,Cherof Risk Legal Costs 38,604.00 Page 556 of 808 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 02/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905022 Boynton Beach FL 33425 STATEMENT NO: 18725 Attn: Lynn Swanson adv. Jean -Baptiste, Kevens Billing Category 18-RLO Claim #001470 -000352 -PP -01 HOURS 01/02/2018 TAD Receipt and review of correspondence from expert re: records review and opinion. Prepare response to same. Prepare correspondence to investigator re: surveillance issues. Prepare correspondence to adjuster and City re: review and investigation. Review web information for forwarding to investigator to assist in review. 1.30 01/24/2018 TAD Receipt and review of report from investigator. Prepare correspondence to City and adjuster re: same. Prepare correspondence to investigator re: status and continued work. 1.30 01/25/2018 IR Receipt and review of report, photographs and other records on Kevens Jean -Baptiste; review new claim status to check if anything pending from the City of Boynton Beach; preparation of tickler to follow up regarding same. 0.60 01/26/2018 TAD Receipt and review of correspondence from expert re: review and prepare response to same. Receipt of correspondence from investigator and prepare response to same. Review video from investigator re: information for City discussion. 0.60 01/29/2018 TAD Receipt and review of correspondence from expert re: review. Prepare response to same. 0.20 01/30/2018 TAD Extended telephone conference with expert re: review. Prepare memorandum re: same. Review public records re: cases involving treating physicians. 2.70 01/31/2018 TAD Confer with City re: results of investigation and medical review. Discuss claim strategy. 0.30 FOR CURRENT SERVICES RENDERED 7.00 1,387.00 Page 557 of 808 Page: 2 CITY OF BOYNTON BEACH 02/02/2018 ACCOUNT NO: 306-9905022 STATEMENT NO: 18725 adv. Jean -Baptiste, Kevens TIMEKEEPER INGRID RIERA TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 0.60 $125.00 $75.00 6.40 205.00 1,312.00 1,387.00 $1,387.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 558 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO 01/19/2018 TAD Receipt and review of correspondence re: settlement. Telephone conference with outside counsel re: settlement and meeting. Telephone conference with the City re: meeting with commission. Prepare correspondence to outside counsel re: shade meeting and receipt of response to same. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.60 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905029 18726 HOURS 0.60 0.60 123.00 TOTAL $123.00 123.00 $123.00 Page 559 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Andrews, Spencer, et al v. Haugh, Vincent, et al (BBPD Employees) Billing Category 18-RLO ACCOUNT NO STATEMENT NO 01/03/2018 TAD Receipt and review of correspondence from City re: information on claim. Receipt of report from outside counsel re: status and additional discovery. 01/12/2018 TAD Receipt of correspondence re: mediation and prepare response to same. 01/29/2018 TAD Receipt and review of correspondence re: conference. Receipt of notice of mediation and information on claim status. Prepare correspondence to outside counsel re: conference and mediation. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.10 $205.00 HOURS 0.40 0.20 0.50 1.10 Page: 1 02/02/2018 306-9905041 18727 225.50 225.50 $225.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 560 of 808 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 02/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905062 Boynton Beach FL 33425 STATEMENT NO: 18728 Attn: Lynn Swanson adv. Mina, German (slip & Fall) Billing Category: 18-RLO Claim #001470 -000340 -GB -01 HOURS 01/03/2018 TAD Prepare correspondence to Plaintiff counsel re: settlement offer and receipt of response to same. 0.20 01/04/2018 TAD Receipt and review of correspondence from plaintiff re: settlement. Receipt of second correspondence from plaintiff re: settlement. Prepare correspondence to City re: same. 0.30 IR Reviewed trial order recently received, for discovery cut-off date and retrieved online court docket, pertaining to discovery responses coming due next week, and for any motions for extension or continuance that opposing counsel may have filed, in advance of the due date of Plaintiff's written discovery responses, including responsive documents that are due; prepared follow-up tickler for same on January 16, 2018. 0.50 01/05/2018 TAD Receipt and review of correspondence fro the City re: settlement. Prepare correspondence to Plaintiff re: settlement. Receipt of correspondence from Plaintiff re: settlement issues. 0.60 01/08/2018 TAD Receipt and review of correspondence from plaintiff re: damages and settlement. Prepare correspondence to City re: counter. Prepare correspondence to plaintiff re: depositions and settlement issues. Receipt of response to same. 0.40 01/10/2018 TAD Telephone conference with Plaintiff counsel re: settlement. Telephone conference with the City re: settlement offer from Plaintiff. 0.30 01/19/2018 TAD Receipt and review of response to non-party subpoena and records produced. Prepare revisions to additional non-party subpoenas. Receipt of correspondence from plaintiff re: settlement issues and trial witnesses. Prepare correspondence to City re: information from plaintiff. 1.80 01/22/2018 TAD Extended telephone conference with Plaintiff counsel re: settlement issues. Prepare correspondence to plaintiff counsel with documents relevant to plaintiff work claims. 0.80 Page 561 of 808 Page: 2 CITY OF BOYNTON BEACH 02/02/2018 ACCOUNT NO: 306-9905062 STATEMENT NO: 18728 adv. Mina, German (slip & Fall) 01/23/2018 TAD Receipt and review of correspondence from plaintiff re: settlement issues. Prepare correspondence to adjuster re: settlement proceeds. Telephone conference with Plaintiff counsel re: settlement. Prepare correspondence to City re: settlement. Prepare release. Prepare stipulation and proposed order. Prepare final disposition sheet. Prepare correspondence to Plaintiff counsel re: release documents. Prepare correspondence to investigator re: subpoenas. Prepare correspondence to expert re: settlement. 01/24/2018 TAD Receipt and review of release. Receipt of correspondence re: same. Prepare correspondence to City re: release and receipt of response. 01/29/2018 TAD Receipt and review of correspondence re: settlement. Prepare correspondence to plaintiff re: settlement. FOR CURRENT SERVICES RENDERED TIMEKEEPER INGRID RIERA TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.50 $125.00 8.40 205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE �� 3.30 0.40 0.30 8.90 1,784.50 TOTAL $62.50 1,722.00 1,784.50 $1,784.50 Page 562 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Kimsey, Erin (MVA) Billing Category 18-RLO Claim #001470 -000228 -AB -01 01/02/2018 TAD Receipt and review of correspondence re: status and receipt of plaintiff's answers to discovery. 01/04/2018 TAD Receipt and review of order setting status conference. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905064 18729 HOURS 0.30 0.10 0.40 82.00 TOTAL $82.00 82.00 $82.00 Page 563 of 808 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 02/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905066 Boynton Beach FL 33425 STATEMENT NO: 18730 Attn: Lynn Swanson adv. Gregory, Mola (slip & fall) Billing Category: 18-RLO Claim #001470 -000341 -GB -01 01/02/2018 IR Preparation of trial order outline and preparation of ticklers pertaining to trial cut-off dates, following the Court's most recent December 29, 2017 Order Resetting Case for Jury Trial, commencing April 30, 2018. 2.20 TAD Receipt and review of correspondence from plaintiff re: depositions of physicians. Prepare correspondence to Plaintiff re: same. Prepare correspondence to Dr. Calvanese re: deposition. Receipt of order on motion to continue . Prepare notice of filing returns of service. Prepare correspondence to Dr. Lestrange re: deposition issues. Receipt of response to same. 1.60 01/19/2018 TAD Receipt and review witness and exhibit lists and prepare revisions to same. Prepare correspondence to expert re: trial and review of records. Prepare correspondence to plaintiff re: depositions. Telephone conference with Plaintiff counsel re: trial and settlement. Prepare objections to Plaintiffs exhibits. Prepare correspondence to physicians re: deposition issues. Prepare correspondence re: subpoena status. Confer with IVR re: subpoenas and trial preparation. 2.40 01/22/2018 IR Receipt and review of directive regarding discovery; retrieved and revised Notice of Production of Non -Parties; updated trial witness tracking chart with witness information and discovery received from client; conference with TAD regarding same; reviewed trial witness and trial exhibits disclosures, due to the court today, in compliance with the Court's Order Resetting Case for Jury Trial, entered on December 29, 2017. 1.40 TAD Telephone conference with Plaintiff counsel re: status and trial setting. Prepare correspondence to plaintiff counsel re: status conference and depositions and receipt of response to same. 0.60 01/23/2018 IR Reviewed subpoenas served and responded to in 2017 and revised the City of Boynton Beach's Notice of Production from Non -Parties addressed to 15 entities and individuals relevant to Plaintiff; cross-referenced City of Boynton Beach's Trial Exhibits and Fact / Expert Witness Disclosure, filed on 1.22.18, and in compliance with the Court's trial order entered on December 29, 2017, to the City of Boynton Beach's Trial Witness Tracking chart and Page 564 of 808 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. Gregory, Mola (slip & fall) Defendant's Notice of Production from Non -Parties with 15 subpoenas duces tecum; preparation of ticklers to follow up with subpoenas duces tecum, once service perfected. TAD Telephone conference with plaintiff counsel re: trial preparation. Prepare correspondence to expert re: review. Receipt of response. Review medical records and prepare correspondence to expert re: information on claim and records for review. 01/24/2018 TAD Receipt and review of correspondence re: plaintiffs wage claim and prepare response to same. 01/26/2018 TAD Prepare correspondence to expert re: medical review. Review additional medical records. Revise subpoenas to providers in preparation for trial. IR Prepared tickler to received Ms. Gregory's 4506-T Request for Transcript of Tax Return forms executed, from 2011 through 2015, to the City of Boynton Beach by January 31, 2018 end of business. 01/29/2018 TAD Receipt and review of case law re: condition and City responsibility for jury instructions and trial. 01/31/2018 IR Receipt and review tickler regarding Ms. Gregory's executed form to IRS for past income tax returns, due today [with revised tickler to prepare tomorrow the City's Motion to Compel same and set on the Court's next next Uniform Motion Calendar hearing]. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 7.40 $125.00 TRACEY A. DECARLO 9.50 205.00 Photocopies TOTAL EXPENSES THRU 01/31/2018 TOTAL CURRENT WORK BALANCE DUE HOURS 3.30 1.60 0.20 1.30 0.20 1.80 Page: 2 02/02/2018 306-9905066 18730 0.30 16.90 2,872.50 TOTAL $925.00 1,947.50 148.40 148.40 3,020.90 $3,020.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 565 of 808 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 02/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905069 Boynton Beach FL 33425 STATEMENT NO: 18731 Attn: Lynn Swanson adv. Oldham, Dana (fall) Billing Category 18-RLO Claim #001470 -000346 -GB -01 HOURS 01/23/2018 TAD Receipt and review of correspondence re: status of information for settlement. Prepare response to same. Prepare correspondence to plaintiff re: release and settlement information and receipt of response to same. Receipt of medicare information from plaintiff. 0.50 01/24/2018 TAD Receipt of correspondence from plaintiff re: medicare lien information. 0.10 01/26/2018 TAD Receipt and review of correspondence from plaintiff re: medicare documents and documents. Prepare correspondence to adjuster re: records. Receipt of second correspondence from plaintiff re: release and revisions. Review revisions and prepare revised release document. Prepare correspondence to plaintiff re: release and settlement proceeds. Receipt of correspondence from adjuster re: settlement proceeds and lien information. 01/29/2018 TAD Receipt and review of correspondence re: settlement documents. Review proposed revisions. Revise release. Prepare correspondence to plaintiff re: revised documents. Prepare correspondence to adjuster re: lien issues. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 2.80 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1.60 0.60 2.80 574.00 TOTAL $574.00 574.00 $574.00 Page 566 of 808 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 02/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905073 Boynton Beach FL 33425 STATEMENT NO: 18732 Attn: Lynn Swanson adv. Robinson, Bennie (false arrest) Billing Category 18-RLO Claim #001470 -000336 -GB -01 HOURS 01/02/2018 TAD Receipt and review of deposition of Mills. Prepare outline of same for trial and meeting with City. 1.90 01/03/2018 IR Continued trial preparation; prepared medical records summary, with accompanying medical records billing records, for use at trial; finalized deposition summary of Stephen Mills from December 5, 2017. 2.90 01/04/2018 TAD Receipt and review of transcript of meeting re: settlement issues and meeting with City. Review information re: prior and subsequent arrests/conviction of plaintiff and witness. 1.70 01/05/2018 TAD Review case law re: claims and edit jury instructions to include additional instructions. Revise verdict form and prepare notice of filing same. Review case law re: voir dire questions. Prepare proposed voir dire questions and notice of filing same. Review claims and testimony re: potential motions in limine. Review case law re: evidentiary issues for trial. 5.80 IR Continuation of trial preparation and updates to trial witness deposition summaries of Shayla Valentine and Plaintiff; cross-referenced anticipated trial witness testimonies with discovery responses and updated Trial Witness Tracking chart, to turn into trial witness disclosures. 4.70 01/08/2018 TAD Receipt and review of case law re: motions in limine for trial. 3.40 01/09/2018 SCW Research regarding Motion for Directed Verdict and Scope of Employment. Prepare portion of Motion for Directed Verdict. 2.90 TAD Confer with IVR re: jury instructions and trial preparation. Confer with SW re: directed verdict and trial motions. Review issues with Plaintiff prior convictions and witness issues. Review deposition summaries and prepare pre-trial report and cover letter. 5.70 IR Continuation of trial preparation, for period commencing February 20, 2018 through March 2, 2018; extensive review of discovery for all medical records, medical billing records, to prepare summary chart to use at trial; updated Trial Witness Tracking chart with medical information pertaining to Plaintiff's dialysis treatments and other physicians Plaintiff treated with prior Page 567 of 808 Page: 2 CITY OF BOYNTON BEACH 02/02/2018 ACCOUNT NO: 306-9905073 STATEMENT NO: 18732 adv. Robinson, Bennie (false arrest) to and after the subject incident of this litigation; reviewed communications with co -counsel pertaining to additional medical discovery and shared records during discovery. 2.90 01/10/2018 SCW Prepare trial research folders. Research regarding Motion for Directed Verdict. Review deposition for Stephen Mills. Meeting with Tracey DeCarlo. Draft portion of Motion for Directed Verdict. 4.40 IR Continuation of trial preparation, set on Judge Marra's February 20 -March 2, 2018 trial docket; reviewed pleadings and revisions made to Trial Notebook; initiated online searches of prospective trial witnesses and conferences with TAD regarding same. 6.40 01/11/2018 IR Continuation with trial preparation; continuation to revise Jury Instructions Trial Notebook; continuation of background searches on Plaintiff, Shayla Valentine and other potential trial witnesses; conferences with TAD regarding trial preparation and findings of online witness information. 5.80 01/12/2018 SCW Research regarding Motion for Directed Verdict. Review file. Draft portion of Motion for Directed Verdict. 3.20 IR Continued trial preparation and review of discovery documents, to prepare exhibit and witness disclosures, as part of the City of Boynton Beach's portion of the parties' Mandatory Joint Pretrial Stipulation due on February 1, 2018, and in accordance with Judge Marra's December 5, 2016 Scheduling Order Setting Trial Date & Discovery Deadlines, Referring Case to Mediation & Referring Discovery Motions to US Magistrate Judge; reviewed criminal charges filed against trial witness Shayla Valentine by Royal Maids, for felony grand theft auto; 4.30 01/16/2018 IR Continuation of draft of City of Boynton Beach's trial exhibits and trial witness disclosures, to be filed with the parties' Joint Pretrial Stipulation, due to the Court by February 1, 2018; 0.80 01/19/2018 IR Receipt and review of co-defendant, Justin Harris' request to the Court to roll the trial period to the next setting, due to conflict in other matter; conference with TAD regarding trial preparation, to pick up again pending the Court's ruling on co-defendant's motion; 0.60 TAD Receipt and review of correspondence from Harris counsel and plaintiff counsel re: trial setting. Prepare response to same. Receipt of motion to be excused from docket and affidavit. Prepare correspondence to the City re: motion. Receipt of order on motion to continue and prepare correspondence to City and adjuster re: same. 0.70 01/22/2018 IR Receipt and review of Judge Marra's Order Resetting Trial Period, from February 20, 2018 until the two week trial period commencing July 23, 2018, with a live calendar call on July 20, 2018; reviewed the Court's Scheduling Order Setting Trial Date and Discovery Deadlines, entered by Judge Marra on December 5, 2016 and prepared tickler to draft our revised trial order outline, with new trial cut-off dates. 0.20 01/23/2018 IR Receipt and review of the Court's Order on Justin Harris and City of Boynton Beach's Motion for Summary Judgment; conference with TAD regarding same; prepared tickler to follow up with Special Jury Page 568 of 808 CITY OF BOYNTON BEACH adv. Robinson, Bennie (false arrest) 01/26/2018 ACCOUNT NO STATEMENT NO Interrogatories closer to the new re -scheduled trial date of July 23, 2018; online searches for special jury interrogatories. SCW Prepare memorandum regarding scope of employment for trial. TAD Receipt and review of order resetting trial. Prepare correspondence to city re: same. Telephone conference with adjuster re: status. TAD Receipt and review of trial order. Review status of discovery and information for trial. Confer with IVR re: trial preparation. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 29.30 $125.00 TRACEY A. DECARLO 20.90 205.00 SHARI C. WALLEN 11.70 205.00 Photocopies TOTAL EXPENSES THRU 01/31/2018 TOTAL CURRENT WORK BALANCE DUE HOURS 0.70 1.20 0.80 Page: 3 02/02/2018 306-9905073 18732 0.90 61.90 10,345.50 TOTAL $3,662.50 4,284.50 2,398.50 70.70 70.70 10,416.20 $10,416.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 569 of 808 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 02/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 18733 Attn: Lynn Swanson adv. Galindez, Dennis (slip & fall) Billing Category: 18-RLO Claim #001470 -000330 -GB -01 HOURS 01/08/2018 TAD Receipt and review of case law re: additional arguments for summary judgment. Revise memorandum of law supporting motion and notice of filing. Review additional depositions. 3.40 01/09/2018 TAD Receipt and review of case law re: evidence issues and prepare motion in limine re: repairs to property. 1.50 01/10/2018 SCW Meeting with Tracey DeCarlo. Review Motion for Summary Judgment. 0.50 IR Receipt and review of email regarding division revisions and style of the matter; reviewed trial order, with trial period of March 26, 2018 through May 25, 2018, specifically for deadlines this month [exhibits, fact and expert witness disclosures due January 15, 2018, with rebuttal trial witnesses due January 25, 2018 and discovery to be finalized at beginning of March; conference with TAD regarding same. 0.30 TAD Review information on trial docket. Revise exhibit and witness list. Revise arguments in motion for summary judgment and prepare additional notice of filing depositions in support of motion. 3.30 01/11/2018 SCW Revise Renewed Motion for Summary Judgment. 2.00 01/12/2018 SCW Revise Summary Judgment. Meeting with Tracey DeCarlo. 2.00 01/19/2018 TAD Receipt and review of correspondence from counsel re: status. Telephone call with workers compensation attorney re: status and trial issues. 0.30 01/22/2018 TAD Prepare notice of trial conflict. Receipt of correspondence re: deposition of City representative and prepare response to same. Revise pre-trial report to include additional information re: claims and defenses and additional discovery. Review case law re trial motions in limine. 2.70 01/24/2018 TAD Receipt and review of correspondence from plaintiff re: depositions. Prepare response to same.Continue review of case law re: motions in limine. 2.20 Page 570 of 808 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. Galindez, Dennis (slip & fall) 01/29/2018 TAD Receipt and review of depositions of Harris, LePage, Reinhold re: motion in limine. Revise Motion for summary judgment to include testimony from Harris. 01/30/2018 TAD Review testimony of LeBlanc and Ramsey and Magnanti. Prepare motion in limine re: ownership, supervisors roles and information on other defects with supporting memorandum of law. Review case law re motions in limine 01/31/2018 TAD Revise pre-trial report for new trial date and recent events. Prepare correspondence to City and adjuster re: same. Prepare notice of hearing on motion for summary judgment and proposed order on same. Prepare correspondence to court re: proposed order on hearing. Prepare correspondence to plaintiff re: hearing date. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 0.30 $125.00 TRACEY A. DECARLO 23.30 205.00 SHARI C. WALLEN 4.50 205.00 Photocopies TOTAL EXPENSES THRU 01/31/2018 TOTAL CURRENT WORK BALANCE DUE �� 2.70 3.80 3.40 28.10 TOTAL $37.50 4,776.50 922.50 Page: 2 02/02/2018 306-9905083 18733 J, / JV..JV 1I e os 5,778.50 $5,778.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 571 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Jenkins, Gail and Leon (Demolition) Billing Code: 18-RLO Claim #001470 -000382 -GD -01 HOURS 01/02/2018 TAD Receipt and review of correspondence from adjuster re: status and prepare response to same. 0.20 01/04/2018 IR Receipt and review of Return of Service from service on May 11, 2017 on Andrew Podray; retrieved court docket, regarding status of discovery and any other services of process recently filed. 0.20 01/05/2018 TAD Receipt and review of notice of filing return of service. 0.10 01/31/2018 TAD Receipt and review of correspondence from MERS counsel re: affirmative defenses. Receipt of proposed order. Prepare response to same. 0.30 FOR CURRENT SERVICES RENDERED 0.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.20 $125.00 $25.00 TRACEY A. DECARLO 0.60 205.00 123.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 02/02/2018 306-9905093 18734 148.00 $148.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 572 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim #001470 -000367 -AB -01 01/04/2018 TAD Receipt and review of claims re: neck and back injuries and prepare correspondence to City re: same. Receipt of correspondence re: medicare issues. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905098 18735 HOURS 1.20 1.20 246.00 TOTAL $246.00 246.00 $246.00 Page 573 of 808 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 02/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905102 Boynton Beach FL 33425 STATEMENT NO: 18736 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category - 18RLO Claim #001470 -000369 -AB -01 HOURS 01/04/2018 IR Reviewed and revised medical records summaries of Mote Chiropractic offices. 1.80 01/08/2018 TAD Receipt and review of correspondence from plaintiff re: depositions. Prepare correspondence to City re: depositions. Prepare correspondence to plaintiff re: same. 0.30 01/09/2018 TAD Receipt and review of correspondence from Plaintiff re: deposition. Prepare response to same. 0.20 01/24/2018 IR Receipt and initial review of medical and billing records from Bethesda Hospital East, with approximately 1,428 pages of medical records, from 2012 through 2017. 2.40 01/29/2018 IR Extensive review of medical records received from Bethesda Medial Center, that enclosed twenty-four [24] separate admission dates from 2012 through 2017; initial summary of extensive list of Ms. Blutcher's various ailments, wherein she sought medical attention at the Emergency Department multiple times per year and set up chronological tracking chart of each hospital admission to track her conditions, review records for new medical providers providers [which are noted in the tracking chart, etc]. 3.80 01/30/2018 IR Review of Bethesda Medical Center timeline of Plaintiff's various admissions during the period of time fro 2011 through 2017, with notations of significant periods of time when she was not within the civilian population; continuation to review her medical records, strictly at Bethesda, focusing on 2017 first, with approximately 6 separate hospital visits that year. 1.40 01/31/2018 IR Re -reviewed Bethesda Memorial Hospital records pertaining to any complaints similar to the complaints she alleges in the instant litigation; 1.10 TAD Receipt and review of correspondence from plaintiff re: depositions and prepare response to same. Prepare notice of deposition of plaintiff. 0.30 IR Telephone conference call Page 574 of 808 Page: 2 CITY OF BOYNTON BEACH 02/02/2018 ACCOUNT NO: 306-9905102 STATEMENT NO: 18736 adv. Blutcher, Pamela (MVA) FOR CURRENT SERVICES RENDERED TIMEKEEPER INGRID RIERA TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 10.50 $125.00 0.80 205.00 HOURS 11.30 TOTAL $1,312.50 164.00 1,476.50 1,476.50 $1,476.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 575 of 808 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 02/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905111 Boynton Beach FL 33425 STATEMENT NO: 18737 Attn: Lynn Swanson adv. Goldman, Barry (bike/grate accident) Billing Category: 18-RLO Claim #001470 -000373 -GB -01 01/03/2018 IR Conference regarding trial scheduled for January 22, 2018 and the automobile negligence litigation listed before this case, on Judge Rowe's January 8, 2018 through March 2, 2018 docket; telephone conference with Michael Rotunno, Esq. office, counsel for case ahead of us on January 22, 2018 docket and spoke with his legal assistant regarding new judge to take over Division AO. 1.30 01/04/2018 TAD Receipt and review of Plaintiffs supplemental exhibit list and documents. 0.30 IR Continuation of trial preparation; online searches pertaining to new circuit court Judge James Nutt, advised will be taking over Division AO from Judge Rowe; 2.80 01/05/2018 TAD Receipt and review of correspondence re: subpoena and subpoena. Telephone conference with judicial assistant re: trial status. Prepare correspondence to Plaintiff re: subpoena. Prepare correspondence to City re: trial setting. 0.80 01/08/2018 TAD Receipt and review of correspondence from plaintiff re: edits to video deposition and prepare response to same. 0.20 01/09/2018 IR Online review of Judge Cymonie Rowe's trial calendar for period commencing January 8 through March 2, 2018 and the docket sheet of this matter regarding any potential changes to docket for January 22, 2018; prepared tickler regarding same for January 12, 2018; online searches pertaining to Judge Nutt in Palm Beach County Circuit court, including searches pertaining to Divisional AO changes in 2018; received and review of Trial Subpoena to Colin Groff for trial on January 22, 2018 1.40 01/10/2018 TAD Revise opening statement re: additional rulings. Review direct examination. Prepare correspondence to trial witnesses re: trial setting. Review correspondence from FDOT counsel re: trial setting and witness appearance. 4.60 01/11/2018 IR Contact Attorney Michael Rotunno's paralegal regarding the status of the Page 576 of 808 Page: 2 CITY OF BOYNTON BEACH 02/02/2018 ACCOUNT NO: 306-9905111 STATEMENT NO: 18737 adv. Goldman, Barry (bike/grate accident) Owen v. Ace American Insurance litigation, on Judge Rowe's January 22, 2018 trial docket, prepared email regarding same. 0.30 TAD Review closing and deposition of plaintiff and cross re: trial preparation. Receipt of correspondence from Plaintiff and receipt of additional medical records and photographs from Plaintiff. 3.90 01/12/2018 IR Online review of Judge Rowe's trial calendar for the next 2 weeks on her trial dockets, online searches pertaining to Judge Nutt and Division AO changes, as we were advised of this expected change in early January; retrieved online court docket, to confirm Judge Rowe's January 8 through March 2, 2018, 8 week trial docket still in place; receipt and review of 30 photographs of Plaintiff, before and after his lip surgery; several conferences with TAD regarding same; conferences regarding Correa's video deposition and opposing counsel's editing of same to utilize at trial; prepared tickler to receive the final edits of Mr. Correa's deposition by Plaintiff, to enter into evidence at trial. 1.70 TAD Receipt and review of additional exhibits from the Plaintiff. Prepare correspondence re: motion in limine. Receipt of correspondence re: judicial assignments and change of judge. Receipt of correspondence re: deposition of plaintiff's expert and excerpts. Receipt of notice of deposition designations. Review additional case law re: motions in limine re: additional exhibits. 4.20 01/16/2018 IR Reviewed online court docket, for returns of service on Plaintiffs trial subpoenas and cross-referenced same with Plaintiff's most recently filed trial witness disclosure; reviewed Palm Beach County Circuit Court, Division AO regarding changes of circuit court judges, following statements from Judge Rowe's Judicial Assistant; telephone conferences with Barbie at Michael Rotunno's office to obtain information pertaining to their trial, on Judge Rowe's docket; online searches regarding Division AO, new Judge James Nutt took over the division from Judge Rowe and started today; conferences with our trial team regarding same; prepared email to team regarding latest information and updates to cases on this week's trial docket and the case before our on the January 22, 2018 trial docket; telephone conferences with trial witnesses regarding expected trial period to commence Monday, January 22, 2018. 5.70 01/17/2018 IR Online review of trials set before Palm Beach County Circuit Court, Division AO for the week commencing January 15 through January 19, 2018; continuation of trial preparation; receipt, review and respond to emails from TAD; finalized trial subpoena to Alexander Barr; email to Shenka Harris, Esq. at Florida Department of Transportation enclosing trial subpoena and prepared tickler for acknowledgment of same; contacted attorneys of record for trials set for week of January 15 through January 19, 2018 before Judge James Nutt. 6.10 01/18/2018 IR Trial preparation continued; review of and organization of all trial file folders; revised trial notebook, with Plaintiffs most recent supplemental disclosures; online searches pertaining to Couch v. Ace & Owen & Ace, trial #1 of 2 on the Court's January 22, 2018 docket; retrieved information pertaining to trials from the docket of January 15, through January 19, 2018; continuation of receipt, review and respond to emails and projects with TAD and other Page 577 of 808 Page: 3 CITY OF BOYNTON BEACH 02/02/2018 ACCOUNT NO: 306-9905111 STATEMENT NO: 18737 adv. Goldman, Barry (bike/grate accident) trial team members; online review of Division AO suspension calendar, trial docket, administrative procedures, etc. email with client to obtain documents to be utilized at trial; review and tagged photographs of the street of the alleged accident and match with demonstrative evidence, for use at trial; revised and updated trial witness contact and availability chart for trial expected to commence January 22, 2018; continuation of organization of City of Boynton Beach's Objection to Plaintiff's Notice of Intent to Use Summaries at Trial and various documents associated with same, including the Court's ruling. �� 6.50 01/19/2018 IR Receipt and review of the Court's Order Re -Setting Case for Jury Trial, to roll on to its March 19, 2018 through May 11, 2018 trial calendar; continued to update the trial notebook, with documents prepared previous day; all trial documents back into specific pre-trial preparation order, due to the continuation of the trial until March 2018; initial preparation of re -revised trial order outline, with new trial cut-off dates and deadlines; reorganized trial preparation area, back in order. 3.10 TAD Telephone conference with DOT counsel re: trial appearance. Receipt of correspondence re: trial setting. Receipt of order resetting trial and revised deadlines. Prepare correspondence to City and witnesses re: trial setting. 1.30 01/22/2018 IR Finalized outline to Order Re -Setting Case for Jury Trial, entered by Judge Nutt late last week, for the following trial period of March 19, 2018 through May 11, 2018; prepared ticklers with trial cut-off dates, following the re -set of trial into March through May, 2018; prepared memoranda regarding where left off with trial preparation, for next trial docket and update to trial witness availability chart, noting which trial witnesses were notified of the new trial period. 1.20 TAD Prepare notice of conflict. Receipt of correspondence from plaintiff re: additional records for trial. Prepare correspondence to plaintiff re: notice of production at trial. 0.40 01/25/2018 SCW Research regarding juror challenges. 1.50 01/26/2018 TAD Review the plaintiffs proposed jury instructions. Revise opening statements and cross of plaintiff re: trial. 1.90 01/29/2018 TAD Review of witness lists and exhibit list and prepare revised witness and exhibit list for City. Receipt of order resetting calendar call. COnfer with IVR re: trial exhibits and status. Review case law re: use of plaintiff's expert as rebuttal witness at trial. 2.80 FOR CURRENT SERVICES RENDERED 52.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 30.10 $125.00 $3,762.50 TRACEY A. DECARLO 20.40 205.00 4,182.00 SHARI C. WALLEN 1.50 205.00 307.50 8,252.00 Page 578 of 808 Page: 4 CITY OF BOYNTON BEACH 02/02/2018 ACCOUNT NO: 306-9905111 STATEMENT NO: 18737 adv. Goldman, Barry (bike/grate accident) Color photocopies Photocopies TOTAL EXPENSES THRU 01/31/2018 TOTAL CURRENT WORK BALANCE DUE 42.35 106.05 148.40 M.'1111g, $8,400.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 579 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson Broberg, Leif Complaint (2015) Billing Category: 18-RLO Claim #001470 -000390 -EP -01 01/29/2018 TAD Receipt and review of correspondence from outside counsel and City re: discovery depositions. Prepare response to same. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905124 18738 HOURS 0.30 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 580 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Wade, George (auto accident) Billing Category: 18-RLO Claim #001470 -000380 -AB -01 01/02/2018 IR Receipt and review of trial order, re -setting trial on the Court's May 7, 2018 calendar; preparation of trial order outline and preparation of ticklers pertaining to trial cut-off dates, following the January 2, 2018 Order Resetting Case for Jury Trial. 2.20 TAD Receipt and review of order resetting trial. Prepare correspondence to the City re: same. 0.40 01/22/2018 TAD Receipt and review of order resetting trial and outline same. Receipt of correspondence from Plaintiff re: settlement and prepare response to same. 0.80 01/24/2018 TAD Receipt and review of correspondence from plaintiff re: status and prepare response to same. 0.20 01/31/2018 TAD Extended telephone conference with Plaintiff counsel re: settlement. 0.30 FOR CURRENT SERVICES RENDERED 3.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 2.20 $125.00 $275.00 TRACEY A. DECARLO 1.70 205.00 348.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 02/02/2018 306-9905132 18739 623.50 623.50 $623.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 581 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Davila, Danielle (Police) Billing Category: 18-RLO Claim #001470 -000393 -PP -01 01/09/2018 TAD Receipt and review of correspondence from adjuster re: status. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905177 18740 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 582 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Shevlin, Patrick (false arrest) Billing Category: 18-RLO Claim #001470 -000395 -PP -01 HOURS 01/02/2018 TAD Receipt and review of correspondence from plaintiff re: settlement and prepare response to same. 0.20 01/03/2018 TAD Prepare correspondence to Plaintiff re: settlement offer and receipt of response to same. 0.20 01/04/2018 TAD Receipt and review of correspondence re: settlement. Prepare correspondence to plaintiff re: same. Receipt of information from Plaintiff re: payment of proceeds. Prepare release. Prepare stipulation for dismissal. Prepare order of dismissal and final disposition sheet. Prepare correspondence to plaintiff re: same. 2.80 01/09/2018 TAD Receipt and review of release. Prepare correspondence to City re: same. 0.30 01/19/2018 TAD Prepare correspondence to Plaintiff re: settlement stipulation. 0.20 FOR CURRENT SERVICES RENDERED 3.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 3.70 $205.00 $758.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 02/02/2018 306-9905186 18741 758.50 758.50 $758.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 583 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 01/05/2018 TAD Receipt and review of correspondence re: status of claim. Review docket and information on status of claims against driver. Prepare correspondence to adjuster and City re: status. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.90 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905190 18742 HOURS 0.90 0.90 184.50 TOTAL $184.50 184.50 $184.50 Page 584 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Alicea, Linda, Luis, Amanda (auto accident) Billing Category: 18 - RLO Claim #0014710 -000406 -AB -01/02/03 01/19/2018 TAD Receipt and review of revised claim letter. Review accident report and incident report re: information on claims. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.40 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905214 18743 HOURS 0.40 0.40 82.00 TOTAL $82.00 82.00 $82.00 Page 585 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Estime, Robens (Police Deadly Force) Billing Category: 18-RLO Claim #001470 -000411 -PP -01 ACCOUNT NO STATEMENT NO 01/05/2018 TAD Receipt and review of correspondence from adjuster re: status of claim. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905218 18744 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 586 of 808 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 02/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905237 Boynton Beach FL 33425 STATEMENT NO: 18745 Attn: Lynn Swanson adv. Clemens, Jennifer ( Personal Injury) Billing Category: 18 - RLO Claim #001470 -000417 -GB -01 01/02/2018 IR Receipt and review of trial order, scheduling trial on the Court's April 26, 2018 through May 18, 2018 calendar; initial preparation of trial order outline, however the listed Calendar Call deadline of May 23, 2018 post-dated the trial period; conference with TAD regarding same; receipt, review and preparation of tickler pertaining to the co-defendant, FPL and City of Boynton Beach's Offer of Judgment to the Plaintiff [counter-offer to her offer of November 28, 2017. 1.90 TAD Receipt and review of notice of service of proposal for settlement. Prepare correspondence to the City re: same. Receipt of order setting trial. Telephone conference with FPL counsel re: trial order. 0.60 01/03/2018 IR Retrieved online court docket to ascertain if the Judicial Assistant prepared a revised Order Setting Jury Trial and Directing Pretrial and Mediation Procedures from the order of 1.2.18; conference regarding revised deadlines and changes, per Plaintiffs legal assistant's telephone conference with the Judicial Assistant on January 2, 2018; finalized trial order outline with cut-off dates and prepared ticklers of same; review of Judge Meenu Sasser's local court rules regarding pretrial procedures. 2.10 TAD Receipt and review of correspondence from FPL counsel re: deposition and prepare response to same. 0.20 01/04/2018 IR Receipt and review of discovery notices of deposition, prepared tickler to follow up with TAD regarding a deposition binder; reviewed pleadings regarding status of discovery and Plaintiffs discovery responses, following the previous trial order of January 2, 2018. 0.70 01/05/2018 TAD Receipt and review of notice of deposition of plaintiff. Receipt of correspondence from FPL counsel re: same. 0.30 01/09/2018 TAD Receipt and review of amended trial order and prepare correspondence to City re: same. 0.30 IR Receipt and review of trial order, re -setting trial on the Court's April 2, 2018 through May 4, 2018 [moved up from previously scheduled trial period of April 26, 2018 through May 18, 2018]; preparation of revised trial order Page 587 of 808 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. Clemens, Jennifer ( Personal Injury) outline and removed previously prepared ticklers from prior trial docket and prepared ticklers on the latest trail docket, following the Court's January 9, 2018 Trial Order Resetting Case for Jury Trial; reviewed file for status of discovery, including depositions prior to the new discovery cutoff date of March 20, 2018 [moved up from April 13, 2018]. 01/11/2018 TAD Receipt of amended trial order for case. Prepare correspondence to City re: changes. 01/22/2018 TAD Receipt and review of order resetting trial and prepare correspondence to City re: same. 01/24/2018 TAD Receipt of notice of cancellation of plaintiff's deposition. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 6.50 $125.00 TRACEY A. DECARLO 2.10 205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 2 02/02/2018 306-9905237 18745 HOURS 1.80 0.30 0.30 0.10 8.60 1,243.00 TOTAL $812.50 430.50 1,243.00 $1,243.00 Page 588 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Basinski, Donna (MVA garbage truck) Billing Category: 18 - RLO Claim #001470 -000422 -AB -02 01/03/2018 TAD Receipt and review of correspondence from adjuster re: claim settlement and evaluation and receipt of correspondence from the City re: same. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905256 18746 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 589 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Pinkney, Elliott (excessive force) Billing Category: 18 - RLO Claim #001470 -000424 -PP -01 01/19/2018 TAD Receipt and review of correspondence from adjuster re: status. Review claim file and prepare response to same. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905266 18747 HOURS 0.30 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 590 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Meyer, Tamara (MVA) Billing Category: 18 - RLO Claim #001470 -000427 -AB -01 HOURS 01/12/2018 TAD Receipt of correspondence re: claim and claim demand. Review records received from Plaintiff and information on plaintiff re: claim review. 1.30 01/24/2018 TAD Receipt of correspondence from adjuster re: demand. Receipt of correspondence from City re: demand and information on claimant. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.70 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905277 18748 0.40 1.70 348.50 TOTAL $348.50 348.50 $348.50 Page 591 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Floering, David & Barbara Billing Category: 18 RLO Claim #001470 -000422 -AB -04 01/22/2018 TAD Receipt and review of return of service on Green. Receipt of second claim notice from plaintiff. 01/24/2018 TAD Receipt and review of correspondence from City re: additional claim notice FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905288 18749 HOURS 0.30 0.10 0.40 82.00 TOTAL $82.00 82.00 $82.00 Page 592 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Ortiz, Jade (personal injury) Billing Category: 18 - RLO Claim # 01/02/2018 TAD Receipt and review of correspondence from the adjuster re: demand and information on claim. Prepare correspondence to the City re: same. 01/12/2018 TAD Receipt of correspondence from City re: documents regarding incident and information on incident. Review information on location re: review of claim information. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TRACEY A. DECARLO 1.10 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905297 18750 HOURS 0.30 0.80 1.10 225.50 TOTAL $225.50 225.50 $225.50 Page 593 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Dessin, Naomie (MVA Police Vehicle) Billing Category: 18 - RLO Claim # 01/02/2018 TAD Receipt and review correspondence re: information on incident. Receipt of correspondence from the City re: same. 01/03/2018 TAD Receipt and review of reports re: incident. Receipt of SIR and radio traffic re: incident. Receipt and review of body cam footage. Review photographs. Prepare correspondence to adjuster re: information on claim 01/04/2018 TAD Prepare correspondence to adjuster re: information on claim and incident. Review additional information from City re: incident. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 3.50 $205.00 Page: 1 02/02/2018 306-9905301 18751 HOURS 0.30 2.30 0.90 3.50 717.50 717.50 $717.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 594 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Occius, Facilia (P/NG Will -Marc Eugene) (MVA Police Vehicle) Billing Category: 18 - RLO Claim # 01/24/2018 TAD Receipt and review of correspondence re: claim information. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.10 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 02/02/2018 306-9905303 18752 HOURS 0.10 0.10 20.50 TOTAL $20.50 20.50 $20.50 Page 595 of 808 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Novick, James (MVA Public Works) Billing Category: 18 - RLO Claim # HOURS 01/23/2018 TAD Receipt and review of correspondence re: claim notice. Review accident report re: incident for discussion with City. Review incident report. Review information on claimant. 1.90 01/24/2018 TAD Receipt and review of correspondence from City re: and adjuster re: claim information and incident. 0.20 01/31/2018 TAD Receipt and review of correspondence from City and adjuster re: claim notice. 0.10 FOR CURRENT SERVICES RENDERED 2.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 2.20 $205.00 $451.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 02/02/2018 306-9905306 18753 451.00 $451.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 596 of 808 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-Dec 2017 Yesnick v City 0.00 Braswell v City 0.00 Boynton Old School v City 0.00 Andrews v Haugh 1,924.00 Hill v City 0.00 Kimsey v City & Brooks 0.00 Harris v City 0.00 Broberg v City 0.00 1,924.00 TOTAL Dec 2017 Outside Counsel - Risk 1,924.00 Page 597 of 808 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 January 18, 2018 Attn: claims@bbfl.us Bill No. 39992 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 12/31/17 PROFESSIONAL SERVICES Date Services Attorney Hours 12/04/17 Draft/Revise Notice of non Objection to subpoena duces tecum DPC 0.10 to non-parties directed to Palm Beach Urgent Care, Kindred Hospital, Aberdeen Physical Therapy Fitness, Progressive Insurance Agency, Bethesda Hospital. 12/04/17 Draft/Revise Notice of non objection to subpoena duces tecum DPC 0.10 to non-parties directed to Bethesda Hospital (Brandon Andrews). 12/04/17 Draft/Revise Notice of non Objection to subpoena duces tecum DPC 0.10 to non-parties directed to Bethesda Memorial Hospital, Nachi Oko MD. 12/06/17 Draft/Revise Defendant's Notice of Conflict of Trials. DPC 0.40 12/06/17 Receipt and review of Plaintiff's Notice of Hearing on Motion for DPC 0.10 Leave to Amend Complaint. 12/06/17 Draft/Revise correspondence to and from Kevin Anderson, Esq. AMP 0.30 re: Plaintiff's Punitive Damages Complaint. 12/07/17 Review/Analyze Correspondence from Progressive Insurance DPC 0.20 Agency pursuant to our subpoena duces tecum. 12/08/17 Review/Analyze Updated deposition transcript of Brandon DPC 0.50 Andrews. 12/08/17 Review/Analyze Updated deposition transcript of Christopher DPC 0.60 Andrews. 12/08/17 Review/Analyze Updated deposition transcript of Spencer DPC 0.60 Andrews. 12/08/17 Draft/Revise Subpoena for records and Statement of KLR 0.20 Assurance directed to Progressive American Insurance Company. Page 598 of 808 Client: City of Boynton Beach January 18, 2018 Matter: 12152 - Andrews v. Haugh et al. Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 12/08/17 Draft/Revise Subpoena for records and Statement of KLR 0.20 Assurance directed to Progressive Select Insurance Company. 12/08/17 Draft/Revise Notice of Production from Non -Party directed to DPC 0.20 Progressive American Insurance Company and Progressive Select Insurance Company. 12/08/17 Communicate/Other Counsel correspondence from Mr. DPC 0.10 Anderson re: hearing on Motion to Amend Complaint to include punitive damages. 12/08/17 Receipt and review of Plaintiff's Amended Notice of Hearing to DPC 0.10 Request Special Set Hearing on Motion for Leave to Amend Complaint. 12/08/17 Communicate/Other Counsel Correspondence to Mr. Anderson DPC 0.10 re: will not agree to second deposition of Connor Haugh. 12/08/17 Review/Analyze Correspondence from Palm Beach Clerk of DPC 0.20 Courts regarding Christopher Andrews. 12/08/17 Review/Analyze Correspondence from Kindred Hospital DPC 0.20 regarding Spencer Andrews pursuant to our subpoena duces tecum. 12/12/17 Preparation of Correspondence to Julie Oldbury re: we have DPC 0.30 30 days to file a proposal for settlement. 12/14/17 Preparation for hearing on Plaintiffs Motion to set hearing on AMP 0.50 their for Leave to Amend Complaint to Add Punitive Damages, including review of Court file. 12/14/17 Appear For/Attend hearing on Plaintiff's Motion for Leave to AMP 1.80 Amend Complaint to Add Punitive Damages. 12/14/17 Draft/Revise correspondence to Julie Oldbury re: attendance AMP 0.30 hearing on Plaintiff's Motion for Leave to Add Punitive Damages. 12/19/17 Receipt and review of Plaintiff's Witness List. DPC 0.50 12/19/17 Receipt and review of Plaintiff's Exhibit List. DPC 0.40 12/19/17 Communicate/Other External Correspondence to CSI enclosing DPC 0.20 the signed and filed Notice of Non Objection directed to Elite Roofing. 12/19/17 Review/Analyze Records from Aberdeen Physical Therapy DPC 0.50 Fitness regarding Spencer Andrews pursuant to our subpoena duces tecum. 12/20/17 Draft/Revise Objections to Plaintiffs Trial Exhibits. DPC 0.40 12/20/17 Draft/Revise Request to produce for Trial Exhibits to Plaintiff. DPC 0.60 12/20/17 Review/Analyze of Plaintiff trial witness list and trial exhibit list KLR 0.50 for any new witnesses/documents for possible future discovery. 12/21/17 Review/Analyze Plaintiff's request for copies directed to Dr. DPC 0.20 Nachi Oko regarding Brandon Andrews. Page 599 of 808 Client: City of Boynton Beach January 18, 2018 Matter: 12152 - Andrews v. Haugh et al. Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 12/22/17 Review/Analyze Billing records from Bethesda Hospital DPC 0.20 Aaron M. Papero, Associate regarding Spencer Andrews pursuant to our subpoena duces 140.00 406.00 tecum. Danna P. Clement, Partner 12/22/17 Review/Analyze Records from Palm Beach County clerk of DPC 0.50 KLR courts regarding Spencer, Christopher and Brandon Andrews 0.90 80.00 pursuant to our Public Records Request. 12/28/17 Review/Analyze Voluminous records received from Bethesda DPC 0.70 $1,880.50 Hospital regarding Christopher Andrews pursuant to our subpoena duces tecum. 12/28/17 Draft/Revise Notice of Non Objection to Subpoean Duces DPC 0.20 Tecum to non-parties directed to Progressive American Insurance Company and Progressive Select Insurance Company dated 12/28/17 12/28/17 Review/Analyze Correspondence from Dr Michael DPC 0.20 Burke/Bethesda Health Physician Group regarding Christopher Andrews pursuant to our subpoena duces tecum. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AMP Aaron M. Papero, Associate 2.90 140.00 406.00 DPC Danna P. Clement, Partner 8.50 165.00 1,402.50 KLR Kathryn L. Reeves, Paralegal 0.90 80.00 72.00 Total Professional Services 12.30 $1,880.50 DISBURSEMENTS Date Description 12/04/17 Outside Printing #03MM22336,03MM24138, 07MM19879 copies, re: Andrews - Sharon R. Bock, Clerk & Comptroller 12/04/17 Outside Printing #07MM019882 copies, re: Andrews - Sharon R. Bock, Clerk & Comptroller Photocopies thru 12/31/17 Total Disbursements Amount 26.50 8.00 9.00 $43.50 Page 600 of 808 Client: City of Boynton Beach Matter: 12152 - Andrews v. Haugh et al. January 18, 2018 Page 4 CURRENT BILL TOTAL AMOUNT DUE $ 1,924.00 Balance Forward: 2,035.30 Payments & Adjustments: -2,035.30 Total Due: $ 1,924.00 Page 601 of 808 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: 39992 Bill Date: January 18, 2018 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 12152 Matter Name: Andrews v. Haugh et al. Total Professional Services 1,880.50 Total Disbursements 43.50 CURRENT BILL TOTAL AMOUNT DUE $ 1,924.00 Balance Forward: 2,035.30 Payments & Adjustments: -2,035.30 Total Due: $ 1,924.00 Past Due Balance 0.00 TOTAL AMOUNT DUE $1,924.00 Page 602 of 808 6.K. CONSENTAGENDA 2/20/2018 ODCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/20/2018 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on February 6, 2018 EXPLANATION OF REQUEST: The City Commission met on February 6, 2018 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: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D li1r'1LAtE)S Description li ir: LA tE)s 02...06...18 Page 603 of 808 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, FEBRUARY 6, 2018, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA 'RESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor Mack McCray, Commissioner Christina Romelus, Commissioner .Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Commissioner McCray gave the invocation. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Pledge of Allegiance to the Flag led by Commissioner Casello Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant added item 3 C, under announcement for the new Waste Management Manager, Davidson Monestime. Commissioner McCray added item D, for the Robert E. Wells Day on February 10, 2018. Motion Commissioner Casello moved to approve the agenda as amended. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Page 604 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 Vice Mayor Katz indicated nothing to disclose. Commissioner McCray met with Douglas MacDonald and Eugene Gerlica, also met with the new Waste Manager, Davidson Monestime. He would like to personally thank the Commission for their support of the Coalition of Clergy meeting. He recognizes the City of Boynton Beach has problems; the Commission should be concerned with what was happening in our City. He stated when the newspaper report about Boynton Beach they do not specify which district. Thanked the Police for stepping up in District 2. The citizens are appreciative. He also attended Freedom Shores Elementary School Literacy week. Commissioner Romulus attended Habitat for Humanity home dedication for the Antwan Family. Attended the AAUW luncheon and read at Freedom Shores Elementary School. Attended the National Haitian American Elected Officials Network annual conference held in North Miami Beach. She was inducted into the membership to serve as treasurer. She attended the Women's Circle 14th annual Circle of Hope Gala. This organization empowers and educates women to prepare them for the job market. Attended the community meeting led by the Coalition of Clergy. She was looking forward to continued dialog with the citizens and the Police Department. Also attended the Racial Equality training; led by the Palm Beach County School District. She was in attendance at the 500 Ocean grand opening. This past Sunday she attended the Chaplain Memorial dedication ceremony. Lastly she attended the Haitian Citizens academy led by the Palm Beach School district. Commissioner Casello met with Neil Schiller representing SkyBridge Capital, a bike share company. Had the opportunity to attend Freedom Shore Elementary literacy week. Lastly he attended the ribbon cutting ceremony at 500 Ocean and thanked Mr. Tom Hayden. Mayor Grant indicated on January 17th he spoke at the Leisureville New York Club. Met with the Leisureville representative's park management. On January 18 attended the opening of Casa Del Mar, also spoke with the representatives of SGR, the search company for the Police Chief. January 19th attended Habitat for Humanity CEO builds home dedication. January 23rd met with the Boca Chamber of Commerce, attended the County Commissioners meeting and spoke on behalf of the CRA to help fund the City of Boynton Beach Town Square project. On January 24th attended Freedom Shores Elementary school and read to the children; that afternoon attended the League of Cities meeting. January 25th went to the Community Investment Alliance with the CRA. On January 26th spoke with Spot in the Sky about SkyBridge Capital; they were speaking of electric bikes to make travel easier. Attended Habitat for Humanity Women build home dedication. January 27th worked with American for Immigrant Justice; this was a non-profit organization which gives legal advice to immigrants. He was interest in allowing this organization to have the ability use the City of Boynton Beach facilities. Attended the Deshi Winter Festival at Boynton Beach High School and the Boynton Beach Art District Art Walk, January 28-31 attended the Winter Trustee School L Page 605 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 presented by the Florida Pension Trustee Association. Noted he wanted to reduce the pension cost without reducing employee benefits. February 1St acted as a judge for the Cross Point Elementary School spelling bee competition. February 2nd attended the Safe Street Summit in West Palm Beach. He stated there was a program called Vision. Zero, having no transit deaths. Spoke with Jeffery Livergood, Director of Public Works and Engineering regarding creating an ordinance or a resolution to eliminate deaths on the roads in the City of Boynton Beach. He attended the ribbon cutting for 500 Ocean, and was pleased to have the Sculptor Albert Paley in attendance. Ended the evening watching the movie Glory Road at "Movies in The Park". February 3rd attended the League of Women Voters issues and Ideas, was able to speak with some school board members regarding how the City can partner with Palm Beach County School Board. February 4th attended the Four Chaplain event. Stated his grandfather was a flight engineer on the B-24 with the OSS flying behind enemy lines delivering supplies to the resistance. He attended the Haitian Citizen Academy. Lastly attended the opening at Rolling Green Elementary for the Ben Carson reading room. Commissioner Romelus wanted to remind everyone February was Black History Month. There are many different activities around the State and the County to celebrate Black History month. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announcement by Recreation & Parks Director Wally Majors about the 6th Annual Barrier Free 5K Run, Walk & Roll that will be held on Saturday, February 10 beginning at 7:30am and 2nd Annual Magic Wheeis & Specials Deals event that will be held on Friday, February 9, beginning at 6pm. Both events will be held at Barrier Free Park. The Magic Wheels & Special Deals event will include the "ribbon cutting" ceremony for the new multi -station, accessible playground that is being installed at the Park Wally Mayors Recreation and Parks Director noted the City of Boynton Beach was able to create a visual park. Each year the City chooses a child to be the honorary starter for the Magic Wheels & Special Deals event. This year's honorary starter was Joshua Hazard. Joshua is a remarkable child; he was known as the mayor of his school. He loves to go around in his wheel chair and bring about cheer. He Invited all to attend the 6th Annual Barrier Free 5K Run, Walk & Roll which will be held on Saturday, February 10 beginning at 7:30 a.m. and the 2nd Annual Magic Wheels & Specials Deals event that will be held on Friday, February 9, beginning at 6pm. Both events will be held at Barrier Free Park. The Magic Wheels & Special Deals event will include the "ribbon cutting" ceremony for the new multi -station, accessible playground that was installed at the Park. Mr. Mayors stated a playground was more than a place to play. (Showed a 2 minute video.) 3 Page 606 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 B. Proclaim February 11th -17th, 2018 as 2-1-1 Awareness Week. Sharon L'Herrou, 211's President/CEO will be present to accept the proclamation. Mayor Grant read the proclamation. Sharon L'Herrou President/CEO of 2-1-1 accepted the proclamation and thanked the Commission. Noted 2017 was a difficult year for many people in Palm Beach County. The 211 center responded to more than a 100,000 request for help. The 2-1-1 also answers the national suicide hotline. She asked everyone to check out the website and 2-1-1 was here to help everyone in need. C. Introduction of New Solid Waste Manager Davidson Monestime Jeff Livergood, Director of Public Works and Engineering, introduced David Monestime, the new Solid Waste Manager. Mr. Monestime has more than 11 years increasing experience in solid waste management. He has a Master Degree in Business Management, and comes from the private sector. David Monestime, Solid Waste Manager, stated he was extremely excited to be a part of the City of Boynton Beach. He noted he was here to be a team player and make the team better. Commissioner McCray noted he was impressed with Mr. Monestime. Indicated Mr. Monestime was very humble and enthusiastic. Hopefully he will pass his enthusiasm onto other employees. Mayor Grant said the City has a recycling program, but wanted to know if that program could be expanded. Mr. Monestime stated the City would be looking into sustainability programs and recycling was a key element. Commissioner Romelus wanted to give Mr. Livergood kudo in keeping the residents of Boynton Beach safe. D. Robert E. Wells Love Fest Reverend Bernard Wright, President of Bernard Wright Ministries, Robert E. Wells Foundation, and Real Talk Radio, 713 NW 2"d Street, noted the Robert E. Wells Love Fest was fast approaching. He was hoping it would be the catalyst to bring about a change within the community. Everyone was aware there are many problems in the City of Boynton Beach. He trusted there would be a great turnout. This was a very critical time in the community. What happens in District 2 was a reflection on Boynton as a whole. He was greatly concerned with the violence taking place in Boynton Beach. Like a tree without roots it bears no fruit. We can have restoration within the City of Boynton Beach. He said God was a God of liaht. 4 Page 607 of 808 Meeting Minutes City Commission Boynton Beach, Florida 4. PUBLIC AUDIENCE February 6, 2018 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) Susan Oyer, 140 SE 27 Way, indicated she always tries to be positive. She sees guns, shootings. This was a fabulous City, and she was very distressed to see what was going on. She should not be spending two hours cleaning graffiti and gang symbols from her family buildings. What is happening in Boynton Beach? Commissioner McCray suggested Ms. Oyer get with Acting Chief Harris. There are a lot of positive things happening. Commissioner McCray asked for patience. Mayor Grant noted he was at the Courthouse and speaking with the State Attorney regarding Boynton Beach. Ms. Oyer said maybe bringing in some extra law enforcement would help. Piotr Blass, 113 Tara Lakes West, noted the current Mayor and Commission are phenomenal. Stated he was running for Mayor in one year. The immediate issue of gun violence needs to be addressed. He would have Boynton like an airport. Only the police would have guns. He indicated in Israel they take the guns away from the people who are crazy. We are all grieving about the Brightline train deaths. All gates must be totally secured. They should also stop the train in Boynton as well. He wanted to remind everyone, he was a visionary. He stated the City of Boynton Beach could get energy from the Gulf Stream. He has a vision to build the tallest building in the world where Boynton Beach Mall was located. Dr. Stephanie Hayden-Adeyemo, said we are one Boynton; it was not divided into different areas. She attended the 500 Ocean grand opening. She indicated the prices were too high for the rental units. She continued to say she loves Habitat for Humanity. Asked how many people in the MLK corridor have had dibs on those properties. Lastly there was something about the CRA not doing their portion. Inquired if the City was concerned about MLK, they would have put it as the point of respect. Most people cannot afford 500 Ocean. Mayor Grant indicated he was on MLK speaking with the people and what they wanted. He did not think 500 Ocean was cheap or expensive. He was looking forward to Boynton Beach moving forward. He explained nothing has been built on Ocean in the past 10 years. Commissioner Casello noted on Searcrest the City was putting in over a hundred apartments. Page 608 of 808 Meeting Minutes City Commission Boynton Beach, Florida Mayor Grant stated there was not a contract as of yet. February 6, 2018 Math! Magilan Paguth Arivalan, 5102 Mahogany Drives presented an article to the Commission. The article gave the demographic of people being hit by cars while walking. He indicated Americans are more likely to die as a pedestrian than from a natural disaster. He noted he comes from a country which is very poor. His country has invested money in old bridges and roads because there were large numbers of fatalities. The City of Boynton Beach has invested 1.2M on Martin Luther King Boulevard. The Commission has voted for the license plate readers. Inquired if the City of Boynton Beach was sharing the data with other governmental agencies. Brother Victor Norfus 7845 Venture Center Way, had been a lifelong residence of Boynton Beach. He has been concerned about the condition and the level of violence and the lack of economic opportunity for the Heart of Boynton area. The residents feel that do not have any control of situations going on in Boynton Beach. Brother Norfus stated he was not aware if the Police Department reaches out to those children to intervene. Once these children become a part of the system they may be lost. Unless we reach out to them earlier we will lock them up later. Romona Young 101 South Federal Highway aka 500 Ocean, indicated she sold her house in west Boynton and moved into the beautiful apartment building on 500 Ocean. She was happy to see the celebration this past weekend. Indicated there was great discussion but not enough people at the Coalition of Clergy meeting. People could consider implementing some ideas which was voiced at the meeting. She noted the residents needed to do something to help the police. She wanted to give praise to the police. She also wanted to say you can never beat the train, the train will never lose. 500 Ocean is open and is beautiful. Ronald Vogel, 124 NW 10 Court, asked how much leeway the citizens have with I.C.E. in terms of identifying non -citizens living in the community and reporting those non- citizens. Was there any obligation which needed to be performed when making arrests and contacting I.C.E. He understands the City of Boynton Beach was not a Sanctuary City. Kelly Harris Acting Chief of Police, the City of Boynton Beach Police Department abides by the Rules and Regulations of the State of Florida. The City of Boynton Beach cooperates with all governmental agencies. Commissioner McCray noted several people came tonight and spoke about Brightline. The City Manager witnessed an individual on a bicycle ran, in front of the train and made a train sound when he made it on the other side of the tracks. Commissioner McCray stated it is not Brightline, the safety gates were down. He indicated education was needed. C• Page 609 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 Robert Langley, 280 Main Boulevard, was concerned with minority representation on the CRA and the Zoning Board. He understood the CRA was charged with the development, with constructing new homes. Inquired of the assurance the minority communities will be attended to by the CRA and the Zoning committee. Commissioner McCray explained the Commission sits on the CRA Board. The CRAA Board has minority representations. Mr. Langley, said this was about the decisions which are made even through the minorities are represented. Commissioner McCray stated the Commission has the finai word. Mr. Langley indicated he wanted that to continue. Mayor Grant said seeing no one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Arts Commission: 1 Reg and 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Community Redevelopment Agency Advisory Bd: 1 Reg Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 2 Alts Mayor Grant stated they were no applications for the Arts Commission, Building Board of Adjustments & Appeals, Historic Resources Preservation Board, Employee Pension, or the Senior Advisory Board, Motion Commissioner Romelus moved to appoint Cory Voce to the Education & Youth Advisory Board (Alt). Commissioner McCray seconded the motion. Vote The motion unanimously passed. B. Authorize the Mayor to travel to Orlando, FL to attend P3 Certification Training Program, April 16-18, 2018 and to pay for two (2) nights at the hotel. 7 Page 610 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. Commissioner Romelus pulled item B, for discussion. Mayor Grant pulled items D and J, for discussion. A. PROPOSED RESOLUTION NO. R18-014 - Approve and authorize City Manager to sign individual agreements for an ongoing contract as a result of RFQ No.: 049-2410-17/IT for General Planning Services to be executed based on individual task orders in compliance with the purchasing policies and procedures. Authorization is requested to allow the City Manager to sign an agreement with each of the top-ranked consultants B. PROPOSED RESOLUTION NO. R18-015 -Authorize the City Manager or designee to sign an agreement between the City of Boynton Beach and Florida Atlantic University Board of Trustees for the education and training of students and residents in the Charles E. Schmidt College of Medicine programs. Commissioner Romelus requested additional information regarding this program. Fire Chief Joseph indicated this program was a collaboration agreement with schools which trains medical students. This agreement helps the medical students to acquire hands-on knowledge and experience. The City has partnered with students of ATI, Palm Beach State and now Florida Atlantic University. Commissioner McCray inquired are the students covered under the City insurance policy. Chief Joseph indicated there was a standard management risk policy package, which covers their students and the City of Boynton Beach. Mayor Grant asked if the student pay for liability coverage. Chief Joseph noted the Schools pay for their liability coverage. 6 Page 611 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 Mayor Grant asked what the City of Boynton Beach was getting from Florida Atlantic University. Chief Joseph replied generally the City does it for free for all the schools involved. FAU has a very nice patient simulator; they have made it available for City use for training. Mayor Grant indicated he understands that the Boynton Beach Wild Cats provides tickets. Commissioner Casello asked do the students share ideas with the City. Chief Joseph noted a lot of the medical students are getting new training; they have the most up to data techniques and ideas. Commissioner Romelus read about the teaching opportunity. Chief Joseph stated they have a patient simulator; they will extend the opportunity to the City of Boynton Beach EMTs. Chief Joseph stated the students write scenarios based on the ride along. This will give the benefit to both the school and the City. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed.. C. PROPOSED RESOLUTION NO. R18-016 -Authorize the City Manager to sign a reimbursement agreement between Palm Beach County Emergency Management and the City of Boynton Beach for the purchase of six (6) video laryngoscopes via the Palm Beach County Emergency Management (PBCEM) recently awarded Emergency Medical Services grant for 2018 for an amount not to exceed $7,200. The purchase will be made through Bound - Tree Medical of Dublin, OH based on three quotes. D. PROPOSED RESOLUTION NO. R18-017 - Approve and authorize the City Manager sign a Rental Contract for the rental of a 1,000 kilowatt (KW) backup emergency generator and cables at the East Water Treatment Plant from Pantropic Power for a monthly cost of $7,866 for fiscal year 2017-18, for a total cost of $94,392. The Contract is based upon NJPA Contract # 080613 - CAT with Caterpillar. Pantropic is their local representative. Mayor Grant stated the City has in the appropriation bill for next year to have some type of fuel cell technology. Inquired what can the City of Boynton Beach do for the future to be a more sustainable City? Mayor Grant noted this contract was for one year. 9 Page 612 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 Joseph Paterniti Interim Utility Director, remarked it was a temporary extension for the auxiliary generator. He explained the City was in the planning process. They are collecting information to determine what direction to go. Commissioner McCray inquired as to the location; does it need to be located at this location. Can we look at relocating the generator? Mr. Paterniti replied the City could provide a buffer or a screen. Commissioner Casello asked if the Utility Department will have the necessary information to provide the Commission next year. Mr. Paterniti responded absolutely. David Katz, 67 Midwood Lane, noted after hurricane Irma, he was told an 11 k generator would be about $16,000 to install. He asked was there something special about these generators. Mayor Grant indicated this was for a megawatt generator.. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. (Commissioner Romelus not present to vote) Vote The motion unanimously passed. E. PROPOSED RESOLUTION NO. R18-018 - Authorize the City Manager to sign proposal for survey services to be provided by WGi (Wantman Group Inc.) under RFQ #067-2821-16/TP - Task Order # U -A-01 in the amount of $25,270.00 to support the planning and design of the Lakeside Gardens Neighborhood Drainage Improvements, specifically for Potter Road and N. Lake Drive. F. PROPOSED RESOLUTION NO. R18-019 -Approve the purchase of an Atomic Absorption Spectrophotometer from Perkin Elmer Health Sciences, Inc. utilizing a University of Florida "Specialty Lab Suppliers" MOU agreement of ITN 15NH-115 for a cost of $65,120.72. The University of Florida procurement process satisfies the City's competitive bid requirements G. Approve increase of Purchase Order 151103 - Task Order # U-213-01 issued to AECOM in the amount of $17,834.00 for engineering consulting services to support the implementation of the NE 20th Avenue Drainage Improvement project, this will revise the amount of task order from $84,969 to $102,803. 10 Page 613 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 H. Approve the purchase of infraMAP NOW software through a sole source from iWater, Inc. of Irvine, CA for a cost of $48,000. i. Authorize the purchase of a Grand LX Valve Maintenance trailer from manufactured by E.H. Wachs in Lincolnshire, IL for a cost of $61,337.50 as a sole source vendor. J. PROPOSED RESOLUTION NO. R18-020 - Approve utilizing the General Services Administration (GSA) contract # GS-35F-184BA to enter into a 60 - month contract for the purchase of Internet services from Comcast Business Communications, LLC for $640 a month, for a total 60 month cost of $38,400; and authorize the City Manager to sign a Comcast Enterprise Services Sales Order Form. Mayor Grant noted he understands how important fast internet was to the City; he wondered why the City would choose the middle plan. John McNally, ITS Director, indicated this service was for a backup. This was a secondary internet connection. The primary connection was contracted through Palm Beach County. Mr. McNally explained the City needed to have a backup system just in case there was an outage. The City relies heavily on internet services. There needed to be a redundant service. In the event the City loses services there would be a backup. The ITS department needed to make sure the City was able to serve the residents. Mayor Grant indicated he believed this was for the primary connection. Inquired as to the current megabyte per second? Mr. McNally indicated on average the City of Boynton Beach uses 40 megabytes through the County internet service. The ITS department was provisioning at about 50 megabyte. This would allow for the City to grow. Even as a secondary server this would be adequate. It would provide a safety net for all the City internet needs. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. (Commissioner Romelus returned 7:41 p.m.) Vote The motion unanimously passed. K. PROPOSED RESOLUTION NO. R18-021 - Authorize utilizing the State of Florida Alternate Contract #43211500-WSCA-15-ACS for the purchase of Dell workstations and Laptops from Dell Marketing LP of Round Rock, TX for the 11 Page 614 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 Utilities Department in an amount not to exceed $36,500. The City is allowed to purchase from State of Florida Contracts. L. Approve an increase to estimate annual expenditure to Lou Bachrodt Freightliner of Pompano Beach, FL from $25,000 to $80,000 per City Bid # 068-1412-17/MFD due to higher than expected repair costs. M. Accept the written report to the Commission for purchases over $10,000 for the month of December 2017. N. Approve the minutes from the Regular City Commission meeting held on January 16, 2018 Mayor Grant requested a motion to approve the Consent Agenda. Motion Commissioner McCray moved to approve Consent Agenda as amended. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000- None A. PROPOSED RESOLUTION NO. R18-022 - Approve utilizing the City of Miami's Contract IFB No. 516388 to furnish and install emergency equipment for law enforcement vehicles on an "AS NEEDED BASIS" from Dana Safety Supply, Inc. of Doral, FL for an estimated annual amount of $225,000. The City of Miami's procurement process satisfies the City's competitive bid requirements. Commissioner McCray inquired was this the first time the City of Boynton Beach used this company? Tim Howard, Assistant City Manager, responded the City used this company for the past two years. The police department researched and found the City could purchase the vehicles without the emergency lights and have the lights installed aftermarket. Commissioner McCray asked how much money was saved by utilizing this company. Mr. Howard stated he believed it was between $1,000 and $1,200 per vehicle. Commissioner McCray requested more detailed information to be provided at a later date. 12 Page 615 of 808 Meeting Minutes City Commission Boynton Beach, Florida Motion February 6, 2018 Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. B. PROPOSED RESOLUTION NO. R18-023 - Authorize utilizing the City of Miami Beach's Contract #ITB -2014 -191 -SSV for interior and exterior painting and waterproofing for the fiscal year 2017/2018 from Hartzell Painting Contractors of Pompano Beach, FL for an estimated annual expenditure of $220,000. The City of Miami Beach's procurement process satisfies the City's competitive bid requirements. Lori LaVerriere requested this item be removed from the agenda, so that it could be broken down into smaller jobs. Motion Commissioner McCray moved to remove from agenda. Commissioner Casello seconded the motion. Vote The motion unanimously passed. C. PROPOSED RESOLUTION NO. R18-024 - Approve acceptance of a six- month interim contract extension for "Landscape Maintenance", Contract No. X020-2730-13/MMA, with various Landscape Maintenance companies effective March 1, 2018. Commissioner McCray wanted to give kudo's to those contractors in his area for cutting down trees. Commissioner Romelus inquired if there were any additional costs associated with the extension. Tim Howard, Assistant City Manager, responded there are no additional costs associated with the extension. He indicated the landscape contract was large and set to expire February 28, 2018. Staff was reevaluating the way in which the project would be quoted. All of the vendors have agreed on the six-month extension. Commissioner Romelus stated the City was trying to emulate the City of Boca Raton and City of Delray procurement process. 13 Page 616 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 Mr. Howard indicated it was the way in which the projects was being broken into pieces and how they encourage various vendors to participate. Commissioner Romelus asked if that means local participants. Commissioner Casello asked how many vendors are locals. Mr. Howard indicated there was one local participant under the existing contracts. The issue was bidding and responsiveness; this would limit the vendors which could provide that type of service on the basis on which it was bid. if it was redesigned to have more specific, trade this may open up to different vendors. Mr. Livergood, Director of Public Works and Engineering, indicated this was one of the most complex contracts to administer. Some of the larger projects were an incredible burden on one staff member to coordinate. The City was trying to consolidate and make the project easier to administer. At the same time they are trying to determine which component was well suited for local vendors to bid and be successful. There was a balance. He indicated it takes time and best practices. Motion Commissioner Casello moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. D. PROPOSED RESOLUTION NO. R18-025 - Authorize City Manager to enter into an agreement with Dell Financial Services for the lease/purchase of 60 Panasonic CF -54 Semi -Ruggedized Laptops from Insight Public Sector, utilizing Communications 1250 Trust Fund (Account# 691-5000-590-01-27), in the amount of $51,456.58 for the first year and then then the same amount per year for the 2nd and 3rd year from the departmental budget with a $1 buyout at the end of the three (3) year lease term. Total cost of $154,369.74. Pricing for these laptops is based on the Florida NASPO ValuePoint Computer Hardware Contract (#MNWNC-124/43211500-WSCA- 15-ACS). Commissioner Romelus inquired why the City could purchase this equipment outright. This could save the City $10,000. Tim Howard, Assistant City Manager, explained the need arose because of the new records management system in the Police Department. Normally the City would cycle out a number of computers per year; with the new records management system there 14 Page 617 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 was a requirement to replace 60 computers at one time. The Police Department looked at their budget and they do not feel comfortable to pay $140,000 out of the current year's budget without sacrificing something else. They looked at their 1250 Communication !money which they have access to through the County. Commissioner Romelus asked if the $140,000 was the best negotiated price. Mr. Howard indicated this was a State of Florida contract. Commissioner Romelus inquired if there are no other departments this money could be pulled from. Mayor Grant stated there are other possibilities. He stated it was costing 2% interest for amortizing versus spending the $140,000 this year. He was in agreement; he was okay for 2% interest. The City could amortize the interest over the life of the computer. He understands they will be replacing the laptops, once the laptops are clear, could the laptops be used in the Parks and Recreation Department. Doug Solomon, Technical Services Manager for the Police Department, indicated in the past the City would retire the computers and follow the Florida Department of Law Enforcement regulations. The hard drives are pulled out and destroyed. There was nothing that would preclude the Police Department from donated them to the Recreation Department. The problem was the computers are 7, 8 or 9 years old. He did not feel comfortable giving them to another department. Mayor Grant stated he understood they must take out the hard drive. He noted he would hate to see the body destroyed. Mr. Solomon indicated they have limited use. He could get with the City ITS Department and they could determine which laptops could be recycled: Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 15 Page 618 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10. CITY MANAGER'S REPORT A. Provide direction to staff regarding potential land sale or transfer of City owned land parcel adjacent to Palm Beach Leisureville. Accept Surtax Capital Project Status Report for first quarter of FY 2018 - October thru December 2017 Jeffery Livergood, Director of Public Works and Engineering, noted the Palm Beach Leisureville intended use was provided in the backup. The Leisureville Home Owners Association would construct the park without financing from the City. Mr. Livergood noted there was another offer from Habitat for Humanity to build 11 homes. One of the other options was to place the property out to bid. Mayor Grant opened to Public Audience Shirley Casa, 217 SW 14 Street, pointed out this was a wonderful opportunity for the City and the Home Owners Association. This was the first time which an HOA had the ability to expand its recreation facility and waking up a sleeping vacant lot next to the community. She stated the Park will be well designed. The park will have nature trails, a place where there will be meditation and enjoyment within the community. She looks forward to the Commission approving this item. Harrold Eide, 1003 Reposo Avenue, noted Leisureville was a large 2,305 senior home community. He indicated Palm Beach Leisureville was the first of its kind in Boynton Beach. Many of the residents of Palm Beach Leisureville are second or third generation owners. Living in the same house as their parents once occupied. He indicated the residents support the effort of the leaders and their endeavors to improve Palm Beach Leisureville. Louise Farrell, 1909 SW 13 Avenue, thanked the Commission for considering Leisureville for the park property. Michael Fitzpatrick, 175 SW 2nd street, noted the Comprehensive Plan of a few years past called for 6 acres of open space per 1000 residence. This was reduced first to 3 acres now it is down to 2.5 acre per 1000 people. This land was part of the calculation of the Comprehensive Plan. How much open space is left in the City of Boynton Beach? Mr. Fitzpatrick inquired whether the City of Boynton Beach was meeting the Comprehensive Pian requirements. 16 Page 619 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 Commissioner McCray stated in regards to the open space, he liked what Habitat for Humanity was doing in District 2. He wanted to go with Leisureville with their open space concept. Vice Mayor Katz, noted he brought this item up at the request of a resident of Leisureville. Staff discussed the many options available to the City. This land was earmarked for open space. He stated he would like to see a couple of homes to generate some revenue for the City, but if that would compromise the project, and then he would not be in favor of that. Mayor Grant indicated the residents were tired of looking at a vacant lot. He wanted to place a reverter clause into the contract. If nothing was done within 2 years the property would revert back to the City of Boynton Beach. He stated this could be simple like if they fail to get a permit from the City for construction, or receive a certificate of occupancy. Commissioner Casello indicated the residents of Leisureville were promised this would be open space. What they are planning would be great; there would be no cost to the City, for any maintenance or upkeep. He does not believe a reverter clause would be necessary. Commissioner Romelus stated she would like to see more affordable housing in Boynton Beach. She would like to have Habitat for Humanity come in and build 11 homes. The majority of the board was leaning toward the Leisureville proposal to build a park. Commissioner Romelus indicated she would like to add a time limit. The City has had problems with developments and delays. This would insure the park would be built within a reasonable amount of time. She wanted to make sure all the surrounding residents would have the ability to use the park. Vice Mayor Katz stated he was not aware if there was anyone within the community here to speak to the timeframe of the park. He understands the motivation to build. What was the potential timeframe? Commissioner Casello noted from the backup material provided the time to complete the park in 2 to 5 years; phase one bounty survey, topographical elevation, plans and 6 months for permitting. Commissioner Romelus indicated this was a very broad timeframe. Mayor Grant stated Leisureville was asking for 2-5 years to complete the park. Vice Mayor Katz indicated 2-5 years proposal frame seems adequate. He had no problem with the timeframe. Noted if the City could ascertain a more accurate timeframe would be helpful. If the land was given to Leisureville, the City needed to make sure the land had a restriction that it could only be a used as a park, no additional homes. This could only remain a park or open space. 1% Page 620 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 Mayor Grant stated the consensus was to have a more firm timeframe for each of the phases. The Commission needed additional information on the time phases 1, 2 and 3 and a deed restriction so that it would remain open space or a park. Commissioner McCray stated the City of Boynton Beach was selling the land to Leisureville, for $24,999. Commissioner Romelus said this was her understanding as well. The property was being sold to Leisureville. Vice Mayor Katz indicated he would like to make some money, the price was $24,999. Mayor Grant noted those were three conditions of approval the Commission would like to have staff address prior to property being transferred. The property would be a park, deed restricted for recreation and a more firm time line for completion. Commissioner Casello noted the price has been established, the conditions was must be a park, deed restrictive, more informative timeline. Shirley Casa, 217 SW 14 Street, inquired if this could be considered a recreation facility not only a park. Mayor Grant indicated they would be changed from a park to a recreation facility. Lori LaVerriere, City Manager, stated there needed to be a conversation about open space and recreation facility. Ms. LaVerriere stated recreation facility could turn into all asphalt tennis courts. In the spirit of what was being said from the Commission in regards to maintaining open park space the Commission would want to tune in on the recreation facility aspect of the plan. Mayor Grant inquired if there was any way to get site plan approvals before the land was transferred to Leisureville. Attorney Cherof responded yes. Mayor Grant asked if this could be a condition of transfer. Attorney Cherof responded yes. Ms. Casa indicated she will bring this back to the board with the Commission blessing. Vice Mayor Katz, noted the accessibility of the property. If Leisureville was purchasing the land and maintaining the land should the property be open to the public and should it be allowed to open and close at any given time. The fact Leisureville was buying the property, the property was technically part of Leisureville. Mayor Grant noted they would provide public access. Indicated unless there are lights this would be dusk to dawn, iR Page 621 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 Ms. Casa indicated there would be gates; the opening would be from dawn to dusk to welcome the neighboring community. This was being done to make sure there was not damage to the property. Stanley Gomez, 811 SW 1 Ave, was here to support Leisureville in their plan to make a recreational area. This would keep open spaces for the community. Judith Cloutier, 709 SW 1 Court, concerned how the residents would have access to the property. There was no entrance for the people at the Lakes of Boynton. Vice Mayor Katz stated there would be an entrance on SW 1" Court and SW 1 Avenue. Ms. Cloutier stated this would be considered as a part of Leisureville not a part of Boynton Beach Boulevard. Mayor Grant indicated there would be access to the property. Ms. Cloutier reiterated the residents would be able to access the park. Peter Simo, 813 SW 1 Avenue, contended what the City needs was more green space. He said about 10 or 12 years ago the neighbors wanted to have a park there. He was told there was no money in the budget. He was happy Leisureville was willing to step up. Randy Noble, President and CEO for Habitat for Humanity 181 SE 5 Avenue, Delray Beach, there was a huge need in the community for affordable housing. Habitat was working in the toughest neighborhoods in Boynton Beach. Habitat has built 67 affordable homes and renovated another 70 homes within the community. He thanked the Commission for their support Mayor Grant stated there was a consensus from the board. B. Accept the annual report from the Citizen Oversight Committee for the fiscal year 2016-2017. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 11. UNFINISHED BUSINESS - None 19 Page 622 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R18-026 - Authorize the Mayor to sign an Inter- local Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) to provide financial support to the Ocean Breeze East Apartments LLC in association with their application for the 9% tax credit for Low Income Housing Tax Credits and sign any related application documents to confirm such support. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed Mathi Magilan Paguth Arivalan, 5102 Mahogany Drive, was a part of an organization of the Palm Beach tenant union; they did research on the history of CRA and Boynton Beach. They found some interesting facts, which raise concerns how the CRA operates in the City of Boynton Beach. A resident raises some concerns about the CRA and was shut down by Commissioner McCray. Mayor Grant asked if this was regarding the item being presented. Mr. Paguth Arivalan indicated it was. He indicated he was at the CRAA Board meeting in December 2017, he noticed some interesting facts. He stated the chair appeared to be drunk. Looking to the history of CRA in Boynton Beach, the City was investigated by the State office as well as the FBI. He said the Commissioner happened to have close ties to a development group. Mayor Grant indicated this has nothing to do with the inter -local agreement at hand. This was the City support of the $567,500 for the grant contribution for the Ocean Breeze East development land. Mr. Paguth Arivalan said whenever there are issues concerning the CRA board, which have been raised Commissioner McCray diverted the conversation. Vice Mayor Katz stated during public comment there are no expectation of a discussion. This was a curtesy of the board. This vote is about trying to get affordable housing built on Seacrest Boulevard. He stated no one was shutting Mr. Paguth Arivalan down. Vice Mayor Katz stated Mr. Paguth Arivalan was not speaking to the item. 20 Page 623 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 Mr. Paguth Arivalan indicated it was also about giving a tax credit to a private company. Vice Mayor Katz responded the State would be giving them the tax credit if the company was able to obtain it. Mayor Grant indicated the City of Boynton Beach was hoping the company would get the tax credit. This would be the fourth or fifth time which a private company has applied but was not able to get the tax credit. The City was looking forward to the low income tax credit. What the CRA has done in the past was to apply for the tax credit and not received the tax credit. Ocean Breese East apartments now own the property, and they are going to apply for the g% this year. Then it will be up to the CRA to add the extra money for affordable homes. Unless someone subsidizes the property they will be going for market value. The developer would not build at a loss. The City of Boynton Beach was supporting Ocean Breeze East, by using the State program to subsidize rather than the taxpayers of Boynton Beach. Mr. Paguth Arivalan, noted The City of Boynton Beach should not show favoritism to any private company. Commissioner McCray indicated he represents District 2. He was there since the CRA was begun. He represents a minority group in Boynton Beach. Mr. Paguth Arivalan explained diversity does not mean just ethnic minorities it also applied to people from different economic classes. Noted he applied for the CRAA Board. He stated for two weeks he was the only applicant for that board. He said people who get to sit on the board have ties with the Commission or are wealthy business owners. Vice Mayor Katz stated the reason Mr. Paguth Arivalan application was not accepted was because Mr. Paguth Arivalan did not have a business tax receipt. Mayor Grant requested a motion. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 13. LEGAL - None 21 Page 624 of 808 Meeting Minutes City Commission Boynton Beach, Florida 14. FUTURE AGENDA ITEMS February 6, 2018 A. Members of the Commission has requested to review and discuss the Public Arts Ordinance - February 2018 B. Staff to review PBC Ordinance on Panhandlers - March 2018 C. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park D. Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways — TBD E. 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 to coincide with approval of the Master Plan) - February 20, 2018 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). (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) - February 20, 2018 F. Commissioner has requested legal provide update on legal issues with QPOD — TBD G. PROPOSED ORDINANCE NO. 18- - FIRST READING - Approve MLK South Rezoning (REZN 18-003) from MU -1_2 (Mixed Use—Low Intensity 2 District) to MU -2 (Mixed Use 2 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 2.97 acre area. Applicant: City -initiated. - February 20, 2018 K Approve the Boynton Beach Town Square Master Plan for a mix of civic, residential and commercial uses, pending reclassification of the 15.04 acre property from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezoning from Public Usage (PU), Recreation (REC), and Multifamily (R-3) to Mixed Use 3 (MU - 3) zoning district. City -initiated. - February 20, 2018 0 Page 625 of 808 Meeting Minutes City Commission Boynton Beach, Florida February 6, 2018 Approve Boynton Beach Gateway Police Station Community Design Appeal (CDPA 17-010) of Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way", located at the SE corner of Gateway Boulevard and High Ridge Road in the PID (Planned Industrial Development) zoning district. Applicant: City of Boynton Beach. - February 20, 2018 J. Approve Boynton Beach Gateway Police Station Major Site Plan Modification (MSPM 17-010) to construct a two-story, 53,800 square foot police station and associated site improvements immediately north of Fire Station #5, at the SE corner of Gateway Boulevard and High Ridge Road in the PID (Planned Industrial Development) zoning district. Applicant: City of Boynton Beach.._ February 20, 2018 K. Approve Neelam (fka Schnars) Business Center Rezoning (REZN 18-004) from MU -L (Mixed Use Low District) to MU -1 (Mixed Use 1 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 0.52 acre property. Applicant: City -initiated. - February 20, 2018 15. ADJOURNMENT Motion There being no further business to discuss, Commissioner McCray moved to adjourn. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:23 p.m. (Continued on next page) 23 Page 626 of 808 Meeting Minutes City Commission Boynton Beach, Florida ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 24 February 6, 2018 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner - Mack McCray Commissioner - Christina Romelus Commissioner - Joe Casello Page 627 of 808 7.A. BIDS AND PURCHASES OVER $100,000 2/20/2018 REQUESTED ACTION BY COMMISSION: Authorize the use of five (5) approved vendors: Xylem Water Solutions, USA, Inc.; Customer Pump and Controls, Inc.; Barney's Pumps, Inc.; Hydra Service, Inc.; and Southeastern Pump for an annual expenditure not to exceed $250,000 for wastewater pump replacement for over 160 wastewater lift stations in the Utility Service area. EXPLANATION OF REQUEST: Period of time: October 1, 2017 - September 30, 2018 To facilitate the purchase of replacement pumps, the Utilities Department issued a Request for Letters of Interest (RLI #026-2821-15/KTR) to pump manufacturers interested in being listed in the Utilities Engineering Design Handbook and Construction Standards (Manual) as an approved submersible sewage pump provider. The Utility department received and opened seven (7) responses on January 13, 2015. The pump manufacturers were required to meet certain minimum specifications and only those manufacturers approved by Utilities were deemed acceptable for use in new pumping stations or the maintenance and repair of existing pumping stations. On August 10, 2015, four (4) submittals were accepted by the City's Utilities Department for inclusion in the Manual, this provides the accepted manufacturers for systems being built now and in the future and for full rehabilitation of existing lift stations, according to the Capital Improvement Plan. Flygt Pumps were not approved for future lift stations or rehabilitation of lift stations; however, Flygt replacement pumps are needed for existing lift stations. The Utility Department has standardized all pumps in the wastewater system for pumping sewerage from gravity and force mains to the South Central Regional Wastewater Treatment Plant for treatment and disposal. The City of Boynton Beach (City) oversees and maintains over 165 wastewater lift stations. The pumping system can be broken down into two categories, large or "master" lift stations, and smaller or "submersible/can" stations. Each station has two or more pumps which help to convey wastewater collected from homes and businesses. The master lift stations are predominately outfitted with Flygt and EMU. The submersible/can lift stations are predominately outfitted with Barnes/Crane, KSB and ABS. A large number of these pumps have been in use for a long time and are at, or near the end of their life cycle. As a result, there has been a substantial increase in pump repairs and replacement over past fiscal years; and the same will be true for this fiscal year. When a lift station is built or comes "online", typically the lift station is built by a project developer or contractor according to the Utility Department accepted standards incorporating the approved manufacturer pumps that meet pump curve criteria, flow capacity, energy efficiency and other factors. With proper maintenance, large pumps can last 20 years, smaller pumps can last 5-10 years. The approved manufacturers are provided by the following vendors: Vendor Pump Manufacturer Barney's Pumps, Inc. HOMA Hydra Service, Inc. Sulzer/ABS Custom Pump & Controls KSB Southeastern Pump Barnes/Crane Page 628 of 808 Xylem Water Solutions Flygt Lift Station pump replacement requires same manufacture replacement. Lift Station pumps are built in different ways (vertical/horizontal) with varying dimensions. A retro -fit of a lift station to fit a pump purchased solely on low quote, will cost more in retro -fitting electrical, rail size and length, and other configurations. Flgyt Pumps are a sole source by Xylem Water Solutions USA, Inc. Barney's Pumps, Inc. - HOMA, Hydra Service, Inc. - Sulzer/ABS, Custom Pump & Controls - KSB, Southeastern Pump - Barnes/Crane HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The pumps must be routinely maintained to ensure proper function and prevent station overflows and sewage spills. Sewage on the streets or sewage backups in homes creates unpleasant and unsanitary conditions for the City's citizens, and may lead to regulatory infractions for the City. The proper sizing, method of manufacture and installation ensure the most efficient operation of each individual lift station which is part of a large system of pumps and pipes. FISCAL IMPACT: Funds have been budgeted in Operating account: 401-2816-536-52-75 - ($125,000) C I P account: 403-5000-535-64-05, SWR 075 ($125,000) Previous fiscal year expenditures are Operational BB udget C I P FY 2013-2014 $93,947 $300,495 FY 2014-2015 $13,577 $63,321 FY 2015-2016 $105,993 $50,857 FY 2016-2017 $55,244 $222,435 ALTERNATIVES: The City could issue a bid for replacement pumps. However, the City would risk maintaining a wider variety of pumps, increasing inventory of pump spares, potentially more costly repairs and longer turnaround times. The City could issue of bid for third party services to perform retro -fit installations for pump replacements. However, the pump station down times could be impacted, resulting in by-pass systems being set up for longer periods. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 629 of 808 Is this a grant? No Grant Amount: ATTACHMENTS: Type D I E)ttENr D I E)ttENr Description Approved PLAirnp iryiall'IL.Jlfa(�,tL.Jlir'Esir's I E)ttENr firoirnXylblirn ir'E�lgarding F::]igt IpirodUiCtS salE)S Page 630 of 808 27se City of LoLntois Beach August 10, 2015 Mr. T. Scott Strong 1840 River Oakes Road Jacksonville, FL 32207 Ofty of Beywon Beach MAW= 124 Mst Woollidght Read Boyamn Beach, FL 33436 (561) 742-64M FAX• (561) 742-6M Dear W. Strong, All evaluations for the Request for Letter of Interest XI) noted above, an now complete. It was &t=nined that the KSB pumps presented by Custom Pumps & Control will be: included in the tMWes Engineering Design Handbook and Construction Standards as a pre -approved product. 71e KSB puznp categories of 'up to 410 HP' and 'greaser than 40 BY, meet the City's wqxIctaflons. The following four (4) submittals listed in alphabetic order, were accepted by the City: I . Barney's Pampa, Inc. / HOAMA 2. Hydra Service, Luc. / Sul=/I 3. KSB / Custom Pumps, & Controls, 4. Southeastern Pump I Barnes/Crane We apprecude your interest in the Request for Letter of Interest rMIMP The City of BeachL @P August 10, 2015 Boy Bew4 FL 33436 (561),7424M FAX (561) 742- 62 98 Hydra. Service, Inc, Nilo Velo7, Engineering Mmager 250'Springview Commerce give bary, FL 32713 Tear Mr. Veloz, All evaluations for the Request for IAW of In noted above, acs now complete. It was deUrmnined that the Sulzer & ADS pumps pnmnted by hydra e, Inc, will be included in the Utilities Engineering Design Handbook and Construction Standards as a pre -approved product. The Sulzer and AB S pump categories of `up tri 40 HF' and 'greater than 40 HSI', meet the City's expectations, The following fbur (4) submittals its alp is order, were accepted by the City: 2. Hydm Service,Inc. 3. SiCustomPumps , Controls so t y'.. 4. Southeastern Pump Barnes/Crane apprecimyourAi Y ,.,, ■:. k,;. ♦ IMAM'. ',. MW OF BOYNTON BEACH Sincerely, Al Colin (3rof� U ilities Director cc: File ON .•� • • iii e City o Bgnton Beach August 10, 2015 G of DOW" Bewh Ufflulks .124 NMI WIb Boyawn FL 33136 (361)42-6400' FAX (561) 742-6298 Re: RUNG... 026-2821-15/KIR M l! All evaluations for the Request for Lotter of In noted above, are now complete. A-V�,A-awill be included in the Utilities ,w, N. Design,, Handbook n Construction Standards pre -approved i #. Barnes nCrane N� I I icategories#'; w Ii M F and 'greater w': .1 40 HF,meet,expectations. it: • w;'rawT, #n 2. Mi w 4. Southeastern Pump / Barnes/Crane We appreciate your interest In the Request for Letter of Interest �.•�• • iii Yhe My of Boynton Beach August 10, 2015 MR U-Mq I W, & i9-65-Ba'm-e--Y-s-PLunps Way Lakeland, F1, 33812-4209 Cky of BoyntexAmh Maw 124 East Woo&d& Rwd Boyabn iWch, FL 33446 (561) 742—UN FAX (561) 74"298 Dear All evaluations for the Request for Letter of Interest (RU) noted above, are now complete. it was aU.M=W$"q=U r-71 E97, M -1111MMMUMM-40. M- - 17 VZ WM 1 7-- M- F,ngineering !".;„;•; KK, Handbook and Construction Standards as, a pre -approved product The Hom PUMP categories of 'up to 40 HP' and 'greater IM 40 HP, meet the City's expectations. The following four (4) submittals listad in alphabetic order, were accepted by the City: 1 . Barney's Pumps, Inc. / HOMA 2. Hydra Service, Inc. I Sul=/ABS Custom Pumps & Controls 4. Southeastern Pump / Barnes/Crane We appreciate your interest in the Request for Letter of Interest. CITY OF BOYNTON BEACH Sincerely, Colin GroM, Utilities DirecWr cc: File: M xylem October 24, 2017 Mr. James Hart CITY OF BOYNTON BEACH 124 E. Woolbright Road Boynton Beach, FL 33435 SLJI�jCCt: I`LY,G'I'PR0DUC'I"S — SAL,ES & SERVI(,,E Xylem Water Solutions USA Inc. Flygt Products 15132 Park of Commerce BWd StAite 102 Jupiter, FL 33478 TeL (561) 848.1200 Fax: (561) 848-1299 Please be advised that Xylem Water Solutions USA Inc. owns the Flygt Corporation and is the only authorized vendor for Flygt Products and OEM Parts. Xylem is also the only authorized service repair and warranty organization in the State of Florida; (East of the Apalachicola River). Our staff is properly trained to provide you with original equipment, spare parts, repairs and warranty service. ']'hank you for your interest in Xylem Water Solutions USA Inc. Please feel tree to contact me ifyou have any questions regarding distribution or any other matter. Xylem Water Solutions USA, Inc. Brian Stengle Branch Manager, Jupiter, FL Brian.Stengle(rr, Xylemijic.coii-i a xylerrk br& id Page 635 of 808 011110111 PUBLIC HEARING 2/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-021 - SECOND READING - Approve Town Square Future Land Use Map (FLUM) Amendment from Public and Private Governmental/I nstitutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM). City -initiated. PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Approve Town Square rezoning from PU (Public Usage); REC (Recreation); and R-3 (Multifamily) to MU -3 (Mixed Use 3). City -initiated. 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. Since the site exceeds 10 acres, the FLUM amendment had to undergo state review prior to the final adoption. At the time of the transmittal hearing, which took place on August 15, 2017, there was no formal, full Master Plan application for the project. The City proactively initiated a future land use reclassification and rezoning without accompanying master/site plan for the subject site with a specific vision: 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 updates to the Comprehensive Plan's Future Land Use Element and the Land Development Regulations (LDRs), required for the proposed Mixed Use Medium FLU classification as well as the MU -3 zoning district, have been finalized. The state and local agencies completed their reviews of the FLUM amendment in September of 2017 with no formal comments identified. However, the Department of Transportation (DOT) issued a "technical assistance" comment for the City pertaining to traffic impacts, and existing and future bicycle, pedestrian and transit facility needs. The review of the Master Plan application subsequently filed indicates that the increase in the number of dwelling units and square footage of commercial space within the TCEA will represent totals well below the maximums set by the program. However, further traffic analysis review will occur at the site plan stage for the different phases of the project when additional data is available and greater certainty is achieved with respect to project uses, intensity and density. Pedestrian accommodations, as well as transit accessibility is a priority for the city as evident, in part, by the new pedestrian zone standards recommended for most street corridors in the CRA and greater emphasis on accessibility and interconnectivity. The subject adoption hearing has been scheduled to coincide with the approval of the Master Plan for the project. Page 636 of 808 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The relocation/rehousingof 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: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type D OrdiinainCE) D OrdiinainCE) D Staff RE)port D I ocatioin lMap D Exhibit D Exhibit D Exhibit D Exhibit D Exhibit Description Ordiinal['IC2, appirtnAingI UA�[R for Tbwn SqUlair'Es Ordiinal['IC2, appirtnAing lREE0111illIg Of Tbwn SqUiair'E) Staff RE)port I ocatioin Map Exh �i bi t IB 1 Exhibit IB2 Exh �i bi t C1 Exhibit C2 Exhibit ID Page 637 of 808 10 11 1� 14 15 1 17 18 19 20 21 22 23 24 25 2 27 28 29 30 ORDINANCE NO. 17- 021 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY COMMONLY KNOWN AS TOWN SQUARE AND DESCRIBED HEREIN, OWNED BY THE CITY OF BOYNTON BEACH; CHANGING THE LAND USE DESIGNATION FROM PUBLIC AND PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) AND HIGH DENSITY RESIDENTIAL TO MIXED USE MEDIUM(MXM); PROVIDING FOR CONFLICTS, SEVERABILITY, ANLL AN EFFECTIVE D A TF, WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a City of Boynton Beach Comprehensive F„twe Land T s -e Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 8 9-3 8 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the Future Land Use Element (designation) of the Comprehensive Plan as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: Page 638 of 898 3 3 3 34 3- 3 E -3E 3 3E 3c - 4C 41 4'� 4-- 4 ;4 4` 4( 4 4f 4( 5( 5_ 5, 5: 5 5! 5i 5' 5 5 6 6. 6: 6. 6 6 6 6 That the Future Land Use of the following described land described in Exhibit "A" is amended from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to: MIXED USE MEDIUM (MXM). Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this day of , 2017. SECOND, FINAL READING and PASSAGE this day of , 20io. CITY OF BOYNTON BEACH, FLORIDA ATTEST. Judith A. Pyle, CMC City Clerk (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 639 of 8�8 CITY OF BOYNTON BEACH EXHIBIT 131 CURRENT FLU CLASSIFICATIONS FOR TOWN SQUARE AND ADJACENT AREAS iF NZi F;NOR, , �IIIINI. II�111�! NE 3rd Ave E I I I I Future Land Use Classifications 1"" LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.J./Acre .... . .. ii - ",- -1 LOCAL RETAIL COMMERCIAL (LRC) t.. GENERAL COMMERCIAL (GC) INDUSTRIAL (1) ............ PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) Town Square E Boynton Beach Blvd NE 1st E Ocean Ave -------- Lus 111110 Last amended October 20, 2015 N W E S 0 0.0125 0.025 0.05 0.075 0.1 Miies Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 640 of 808 Legend Future Land Use Classifications o LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.J./Acre MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre WIN HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) INDUSTRIAL (1) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) Town Square Last amended October 20, 2015 N W E S 0 0.0125 0.025 0.05 0.075 0.1 Miies Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 640 of 808 CITY OF BOYNTON BEACH EXHIBIT B2 CURRENT ZONING DESIGNATIONS FOR TOWN SQUARE AND ADJACENT AREAS I NE 3rd Ave I I E Boynton Beach Blvd nr._...._ MOM �i NE'i$t AVe „� , MEIN �Y .. . .............. . , t ocean Ave 0 III III VIII m�. ., BE tat Avo r -•- • Zoning "qr/prnp� designationsc RIA Single R2 Mplex C2 Neighborhood Cornmer c:3 commumy Commerc�all C4 General Commercial CRC Central R1rsmess District M1 Light tndostriat P'U Public Usage REC Recreation 0 0.0125 0.025 0.05 0.075 0.1 Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Town Square Page 641 of 808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 02- 013 TO REZONE A PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS TOWN SQUARE FROM PUBLIC USAGE (PU); RECREATION (REC) AND MULTIFAMILY (R-3) TO MIXED USE 3 (MU -3); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 15 and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the City of Boynton Beach, owner of the property has made application to rezone a parcel of land, said land being more particularly described hereinafter, from Public Usage (PU); Recreation (REC) and Multifamily (R-3) to Mixed Use 3 (MU -3); and WHEREAS, the City Commission conducted public hearings as required by law and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 642 of 808 31 Section 2. The land described in Exhibit "A" be and the same is hereby rezoned 32 from PU Public Usage; REC Recreation and R-3 Multifamily to Mixed Use 3 (MU -3). A 33 location map is attached hereto as Exhibit "B" and made a part of this Ordinance by 34 reference. 35 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 36 accordingly. 37 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 38 repealed. 39 Section 5. Should any section or provision of this Ordinance or any portion thereof 40 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 41 the remainder of this Ordinance. 42 Section 6. This ordinance shall become effective immediately upon passage. 43 FIRST READING this day of , 2017. 44 SECOND, FINAL READING and PASSAGE this day of , 2017. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk VOTE C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 643 of 808 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 644 of 808 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 "131" and Exhibit "132" Proposed Land Use/ Zoning: Mixed Use Medium (MXM) / MU -3 Mixed Use 3 zoning district Page 645 of 808 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. 0 Page 646 of 808 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 4th Street, the site of the future station for the planned Tri -Rail Coastal Link commuter train system on the FEC Rail, which will provide passenger service between Miami and West Plam Beach. The DTOD district regulations support increased intensity of development through a 25% density bonus. • It is also enclosed within both the Coastal Residential Exception area, which exempts all residential development east of 1-95 from the Palm Beach County traffic concurrency, and the Transportation Concurrency Exception Area (TCEA), which, while setting limits on the amount of development that will be allowed, carries additional traffic concurrency exemption for commercial and other non-residential development. 3 Page 647 of 808 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. Ell Page 648 of 808 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 649 of 808 Page 6 Town Square LUAR 17-005 significant potential to contribute to the quality of the downtown experience through the creation of an attractive, functionally unified built environment. In its current condition, it represents an inefficient use of the valuable land in the City's center, with several disconnected sections, a few obsolete/outdated structures and a historic Old High School building in a state of severe disrepair. It has also been recognized early on that redevelopment of the Town Square and, specifically, the adaptive reuse of the High School, will likely require an involvement of the private sector. In 2015, the City decided on the use of the P3 process in transforming Town Square into a mixed use project with civic as well as residential and commercial uses, and included the project as a high priority item in its Strategic Plan. The project requires a mixed use future land use classification to allow for addition of residential and commercial uses not permitted under the current Public and Private Governmental/Institutional category. The choice of the Mixed Use Medium (MXM) category with a density cap of 50 du/acre (with an additional Downtown TOD District's 25% density bonus) fulfills the recommendation of the CRA Community Redevelopment Plan warranted by the project's proximity to the core of the downtown and to the future station of the planned Coastal Link commuter train service. The MXM category is in- between the proposed new Mixed Use Low, with the density cap of 20 du/acre arguably too low for the location, and the Mixed Use High (renamed Mixed Use Core), whose 80 du/acre density cap is reserved for the core of the downtown. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with Comprehensive Plan and Redevelopment Plan The future land use classification of MXM proposed for the site is consistent with, and implements, the CRA Community Redevelopment Plan's recommendations for the Cultural and Boynton Beach Boulevard districts in the subject location (the site is split between the two districts). The proposed FLU amendment and rezoning is also explicitely consistent with a number of the policies of the Comprehensive Plan pertaining to mixed use development, most importantly (current) policies 1.18.1 and 1.18.2 of the Future Land Use element: Policy 1.18.1 The City shall implement the Transit -Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within a mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter C: Page 650 of 808 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 651 of 808 Page 8 Town Square LUAR 17-005 Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM amendment and rezoning clearly meets the definition of "sustainable" as it supports a mixed use, high density redevelopment of the site. Residents and visitors will have access to public transit via Palm Tran bus service on Seacrest and Boynton Beach boulevards (with bus stops located in front of the proposed project), as well as, in the future, to the planned Coastal Link commuter train service. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The property is under the Coastal Residential exception and TCEA designations and is therefore exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance. (The required Traffic Statement will be submitted with a site plan/master plan package.) The monitoring of the maximum allowable residential uses and square footage of commercial, industrial and other non- residential uses as well as applicable use ratios under the TCEA Planned 2025 Land Use Table indicate that the current (cumulative) numbers remain significantly off the allowable thresholds. Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and 9 Page 652 of 808 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 Square in the downtown to include City Hall, Library, Children's School House Museum, Old High X Page 653 of 808 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 654 of 808 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 655 of 808 CITY OF BOYNTON BEACH EXHIBIT A TOWN SQUARE LOCATION MAP Total Town Square area: 16.5 acres M 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 656 of 808 CITY OF BOYNTON BEACH EXHIBIT 131 CURRENT FLU CLASSIFICATIONS FOR TOWN SQUARE AND ADJACENT AREAS 11■ NE 3rd Ave NE 1st E Ocean Ave st .dna Legend Future Land Use Classifications LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre ;:�. VIRI!lf�ll1141%119 LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) a� INDUSTRIAL (1) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) Town Square E ��I'I'I'14I'I'I'I'I�1�1�1�1�l�lllllllll ■ D Last amended October 20, 2015 N W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 657 of 808 CITY OF BOYNTON BEACH EXHIBIT B2 CURRENT ZONING DESIGNATIONS FOR TOWN SQUARE AND ADJACENT AREAS in !00!!§1 C2 Neighborhood Commercial ® C3 Community Commercial NE 3rd Ave E Boynton Beach Blvd E Ocean Ave SE .7 st�Ave t i 00 SE N u uuuuuuuuuuuuuuuuuuuuuuuumm�iiiiiiiiiiuuuuuuuuuiiiii SE 2ndAveSE 3rd Ave C4 General Commercial CBD Central Business District M1 Light Industrial ® PU Public Usage 0 REC Recreation 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement IIIIIIIIIIIIIIIIIIIIITown Square Page 658 of 808 CITY OF BOYNTON BEACH EXHIBIT C1 PROPOSED FLU CLASSIFICATION FOR TOWN SQUARE* NE 3rd Ave st .dna Legend LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.U./Acre /� MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre VIRI!lf�111141%f� LOCAL RETAIL COMMERCIAL (LRC) = GENERAL COMMERCIAL (GC) INDUSTRIAL (1) Mixed Use (MX), Max. Density 40 du/acre MIXED USE Medium (MXM), Max. Density 50 D.U./Acre VIII Town Square * NOTE: Areas adjacent to Town Square shown N with the current FLU classifications W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 659 of 808 CITY OF BOYNTON BEACH EXHIBIT C2 PROPOSED ZONING DESIGNATION FOR TOWN SQUARE in !00!!§1 C2 Neighborhood Commercial ® C3 Community Commercial NE 3rd Ave E Boynton Beach Blvd Ave SE 2nd-Ave- SE ndAveSE 3rd Ave C4 General Commercial CBD Central Business District M1 Light Industrial MU -3 Mixed Use 3 Town Square I M 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 660 of 808 CITY OF BOYNTON BEACH: TOWN SQUARE EXHIBIT D CRA COMMUNITY REDEVELOPMENT PLAN'S FLU RECOMMENDATIONS FOR CULTURAL AND AND BOYNTON BEACH BOULEVARD DISTRICTS LEGEND Town Square Cultural District Q Boynton Beach Blvd District Mixed Use High (MXH), Max. Density 80 D.U./Acre e Mixed Use Medium (MXM), Max. Density 50 D.U./Acre Low Density Residential , Max. Density 7.5 D.U./Acre N W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 661 of 808 r1W PUBLIC HEARING 2/20/2018 REQUESTED ACTION BY COMMISSION: Approve the Boynton Beach Town Square Master Plan for a mix of civic, residential and commercial uses, pending reclassification of the 15.04 acre property from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezoning from Public Usage (PU), Recreation (REC), and Multifamily (R-3) to Mixed Use 3 (MU -3) zoning district. City -initiated. EXPLANATION OF REQUEST: This application represents the master plan that corresponds to the pending Town Square Future Land Use Map Amendment and Rezoning (LUAR 17-005). This "parent" LUAR application was approved on First Reading on August 15, 2017 for transmittal and review through the state's expedited review system and is now ready for final approval. The subject master plan is being processed to coincide with final adoption of the ordinances amending the City's Future Land Use Map and Official Zoning Map on February 20, 2018. A conceptual Town Square Master Plan was presented to the public at a series of workshops held last year and subsequently modified to its current version filed for approval. The master plan proposes a total of 705 units, a density of 47 units per acre, within three separate buildings. Building "A" would contain 225 units located along Boynton Beach Boulevard, building "B", 280 units placed on the southernmost block along SE 2nd Avenue, and building "C", 200 units that would wrap the corner of Ocean Avenue and NE 1st Street. Other proposed uses include a 120 -room hotel at the corner of Boynton Beach Boulevard and Seacrest Boulevard, a new 110,000 square foot city hall and public library located along Seacrest Boulevard between Ocean Avenue and SE 1st Avenue, a central public amphitheater and open space, a playground, plaza, and associated parking garages. The residential buildings ("A" and "C"), and the hotel will contain a total of 83,887 square feet of first -floor commercial space to activate the main streets. The plan also allocates 28,536 square feet for a civic center and multipurpose space to be housed in the renovated Historic High School, and incorporates into the plan the existing 8,288 square foot Children's Schoolhouse Museum and plaza. The Town Square project is supported both by the 2016 CRA Community Redevelopment Plan and the City's Strategic Plan, and staff recommends that the master plan be approved in conjunction with adoption of the corresponding ordinances for Future Land Use Map amendment and Rezoning. The Planning and Development Board recommended approval of Boynton Beach Master Plan on January 23, 2018, subject to the addition of a condition of approval requiring the playground to be a minimum of 10,000 square feet. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This project involves new and/or renovated buildings intended to provide the community with updated civic amenities and services as well as facilities for optimal fire and police services. FISCAL IMPACT: Project funding is planned and accommodated through joint efforts with the CRA and Page 662 of 808 private sector as part of the P3 program. ALTERNATIVES: None recommended. STRATEGIC PLAN: Redevelop Downtown STRATEGIC PLAN APPLICATION: The Town Square redevelopment project has been recommended by the CRA Redevelopment Plan, the City's economic development planning efforts, and the City's Strategic Plan. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Not a specific component of the City's Climate Action Plan except that the mix of uses promoted by the project, and the planned central energy plant represent energy saving and sustainable design concepts. Is this a grant? Grant Amount: ATTACHMENTS: Type D Staff RE)port D Exhibit D Exhibit D Exhibit D Exhibit D Exhibit D �D r,,.-,.iwi ings D �D r,,.-,.iwi ings D Coinditioins ofAppirov,-,ill D DE)VE)k)lPirTIEN11t OrdE)r Description Tbwn SqUiair'E) IMastE)r IRIa in Staff RE)port Exhibitk I ocatioin li ap Exhibit Bl: Tbwn SqUiair'E) CLAir'rE)1['1t F::1 U Exhibit B2: Tbwn SqUiair'E) CLAir'rE)1['1t Z'(..)1['1i1['1g Exhibit C1 :Tbwn SqUiair'E)FlrolPOSE,d IF::: U Exhibit CZ: Tbwn SqUiair'E)FlrolPOSE,d Z(..)iniing Exhibit D:FlrolPOSE,d IMast)r IRla in Tbwn SqUiair'E) SLAir'vey Exhibit IE Coinditioins ofAppirov,-,.fl DE)V(.)�opirT1E)1['1t OrdE)r Page 663 of 808 0 0 r 1 rt , w TO: Chair and Members Planning and DTr,pment Board THRU: Michael Rumpf Planning and Zoning Director FROM: Amanda Bassiely, Senior Planner DATE: January 16, 2018 PROJECT: Boynton Beach Town Square Master Plan (LUAR 17-005) REQUEST;, Approve the Boynton Beach Town Square Master Plan for a mix of civic, residential and commercial uses, pending reclassification of the 15.04 acre property from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezoning from Public Usage (PU), Recreation (REC), and Multifamily (R-3) to Mixed Use 3 (MU -3) zoning district. City -initiated. PROJECT DESCRIPTION Property Owner: City of Boynton Beach (7 parcels) Applicant: City of Boynton Beach Location: Civic Campus 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 "B1" and Exhibit "B2" Page 664 of 808 Page 2 Boynton Beach Town Square Master Plan LUAR 17-005 Proposed Land Use/ Zoning: Acreage Adjacent Uses: North: Mixed Use Medium (MXM) / MU -3 Mixed Use 3 zoning district with a maximum density 50 du/acre plus 25% density bonus for Downtown TOD District (see Exhibit "Cl" and Exhibit "C2") +/- 15.04 acres Right-of-way for Boynton developed commercial Commercial (LRC) and District); Beach Boulevard and farther north, properties classified Local Retail zoned C-3 (Community Commercial South: Right-of-way for SE 2nd Avenue, and farther south, 11 developed single-family homes, 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 665 of 808 Page 3 Boynton Beach Town Square Master Plan 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 15.04 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). The City -owned parcels contain the civic campus with the following uses: • City Hall Complex, including parking garage • Old High School • 1913 Schoolhouse Museum • Amphitheatre • Art Center • Civic Center • Kid's Kingdom Playground • Library • Madsen Senior Center 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 project access to a number of development incentives, and facilitating a partnership with the Community Redevelopment Agency. (see "The P3 Project" 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 4th 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 and a height bonus (both require participation in the Workforce Housing Program). • It is also enclosed within both the Coastal Residential Exception area, which exempts all residential development east of 1-95 from the Palm Beach County traffic concurrency, and the Transportation Concurrency Exception Area (TCEA), which, while setting limits on the amount of development that will be allowed, carries additional traffic concurrency exemption for commercial and other non-residential development. • 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 3 Page 666 of 808 Page 4 Boynton Beach Town Square Master Plan LUAR 17-005 designated as distinctive planning areas by the CRA Community Redevelopment Plan adopted in October of 2016. (See Exhibit "D") The P3 Project This application represents the master plan that corresponds to the pending Town Square Future Land Use Map Amendment and Rezoning (LUAR 17-005). This "parent" LUAR application was approved on First Reading on August 15, 2017 for transmittal and review through the state's expedited review system and is now ready for final approval. The subject master plan is being processed to coincide with final adoption of the ordinances amending the City's Future Land Use Map and Official Zoning Map on February 20, 2018. The LUAR and corresponding master plan has been initiated by City staff in preparation for the redevelopment of the civic campus, now referred to as Town Square, into a mixed use project. The project is the product of the partnership between the City, the CRA and the private development team, based on the Public -Private Partnership (P3) development model enabled by Chapter 255.065, Florida Statutes. A P3 is achieved through an agreement 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.) A conceptual Town Square Master Plan was presented to the public at a series of workshops held last year and subsequently modified to its current version filed for approval. As described in the LUAR staff report, the LUAR was initiated without an accompanying master plan pursuant to provisions inserted into the Land Development Regulations (LDRs) in 2015 that allow the City to proactively initiate and process future land use reclassifications and rezonings of selected sites without a master plan if recommended by a significant planning document(s). 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 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. Criteria for Future Land Use (FLU) Map Amendments and Rezonings: Review Summary The staff report for the "parent" LUAR application adresses the criteria for review of FLU Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. The staff's analysis concludes that: • There is a need for the FLU map amendment and rezoning to enable redevelopment of the Civic Campus into a mixed use project (criterion "a"), and N Page 667 of 808 Page 5 Boynton Beach Town Square Master Plan LUAR 17-005 • The subject FLU map amendment and rezoning: o are consistent with Comprehensive Plan policies and implements the CRA Redevelopment Plan (criterion "b"); o will result in more desirable and sustainable growth for the community and generate significant economic development benefits (criterion "c," "g"); o will be compatible, in character and scale, with future development in adjacent areas per recommendations of the CRA Plan (criterion "c," cont., and 'T'); and o meet the definition of "sustainability," supporting the integration of a mix of land uses (criterion "d"). • The water, sewer and solid waste services and infrastructure is or will be available for the project (criterion "e"); specifically: o Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department; and o 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 will be reviewed in detail as part of the site plans, land development, and building permit review processes (criterion "e," cont.). • The Traffic Statement required for developments located within the TCEA has been submitted and indicated an increase of 5,437of daily trips, 205 of AM peak hour trips and 466 of PM peak hour trips. The properties under the Coastal Residential exception and TCEA designations are exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance (criterion "e," cont.). Furthermore, 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. However: o Upon completion of its review of the Traffic Statement, Palm Beach County may issue recommedations for improvements aimed to mitigate traffic impacts on the area. • The School Capacity Availability Determination application has been submitted to the School District of Palm Beach County (criterion "e," cont.) k, Page 668 of 808 Page 6 Boynton Beach Town Square Master Plan LUAR 17-005 MASTER PLAN COMPONENTS Intensitv & Densi The project proposes 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 classification. The choice of the Mixed Use Medium (MXM) category with a maximum density 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 proposed zoning district of MU -3 also has a minimum density of 30 du/acre. The master plan proposes a total of 705 units, a density of 47 units per acre, within three separate buildings. Building "A" would contain 225 units located along Boynton Beach Boulevard, building "B", 280 units placed on the southernmost block along SE 2nd Avenue, and building "C", 200 units that would wrap the corner of Ocean Avenue and N E 1 st Street. Other proposed uses include a 120 -room hotel at the corner of Boynton Beach Boulevard and Seacrest Boulevard, a new 110,000 square foot city hall and public library on Seacrest Boulevard between Ocean Avenue and SE 1st Avenue, a central public amphitheater and open space, a playground, plaza, and associated parking garages. The residential buildings ("A" and "C"), and the hotel will contain a total of 83,887 square feet of first -floor commercial space to activate the main streets. The plan also allocates 28,536 square feet for a civic center and multipurpose space to be housed in the renovated Historic High School, and incorporates into the plan the existing 8,288 square foot Children's Schoolhouse Museum and plaza. The proposed zoning district of MU -3 has a maximum Floor Area Ratio (FAR) of 3 and a minimum FAR of 1.75. Since several of the proposed buildings do not currently have total square footage calculated, the FAR will be required and reviewed at time of site plan submittal for compliance with the LDR. Vehicular Access The master plan conforms to a grid block configuration and allows for vehicular flow through the project; however, access is limited to public streets and garage entries. In order to complete a vehicular grid system, SE 1St Avenue is proposed to connect to Seacrest Boulevard. To achieve a `main street' concept and slow traffic, a traffic circle and angled on -street parking is proposed on Ocean Avenue. There are also two small surface parking lots; one located off of NE 1St Avenue and the other off of SE 1St Avenue to serve the commission chambers and the Historic High School. Ce Page 669 of 808 Page 7 Boynton Beach Town Square Master Plan LUAR 17-005 Building Massing & Height The entire project would include five new buildings, two integrated garages, and two existing buildings. Although the exact building footprints are not defined, the placement and adjacencies are reflected on the current master plan proposal. All new buildings would be placed and oriented along the streets to maximize the pedestrian experience. The master plan proposes work force housing units and would earn the associated height incentive/bonus of 24 feet. Two of the proposed buildings would be designed using the additional 24 feet. Residential/ commercial building "A", located on Boynton Beach Boulevard, is proposed at 99 feet in height. Residential/commercial building "B", located at the corner of Ocean Avenue and NE 1St Street is proposed at 80 feet in height. Buildings that front Boynton Beach Boulevard would be required to conform to the regulations in the Community Redevelopment Plan and the planned Boynton Beach Boulevard District Overlay which limit the frontage of the building to 45 feet in height and the remaining mass to be stepped back a minimum of ten feet. Buildings that front Ocean Avenue would be required to conform to the regulations in the Community Redevelopment Plan and the planned Cultural District Overlay which limit the frontage of the building to 35 feet in height and the remaining mass to be stepped back a minimum of 30 feet. All other buildings are proposed at or below the MU -3 height maximum of 75 feet. A full review against all applicable development standards will be conducted at the time of site plan submittal. Landscape & Open space The intended focal point of the master plan is the proposed +/- 40,000 square foot public amphitheater and open space. This space is centrally located within the master plan and is placed as an extension of the new city hall and library building. This area is envisioned to become the gathering space for the City. The plan also propose a +/- 19,000 square foot open space at the corner of Ocean Avenue and Seacrest Boulevard, and a +/- 7,000 square foot playground on the north side of the Children's Schoolhouse Museum. The existing 5,500 square foot plaza located on the south side of the Children's Schoolhouse Museum will remain. The final design of all open spaces will be reviewed at time of site plan submittal Sidewalks and street -trees are proposed along all right-of-ways and active areas are proposed along all main streets. The plan also identifies an extensive pedestrian circulation system throughout the site. 7 Page 670 of 808 Page 8 Boynton Beach Town Square Master Plan LUAR 17-005 MASTER PLAN PHASING The proposed master plan deliniates three separate phases. Each phase will be required to go through site plan approval and will be subject to the Land Development Regulations of the proposed Zoning District. The first phase of the master plan would include all of the pubilc components, such as, the city hall and library, the amphitheater / public open space, the southern garage, playground, central energy plant, Historic High School and open plaza on Seacrest Boulevard. This phase also includes the right-of-way improvements to NE 1st Avenue, Ocean Avenue, Seacrest Boulevard, and SE 1 st Avenue. The second phase would include the southernmost residential building consisting of 280 dwelling -units as well as the adjacent right-of-way improvements to SE 2nd Avenue, Seacrest Boulevard, and NE 1St Street. The third, and last phase of the master plan would consist of the northernmost residential building consisting of 225 dwelling -units with an attached garage, the eastern residential building conisiting of 200 dwelling -units, a hotel, and adjacent right-of-way improvements to Boynton Beach Boulevard, Seacrest Boulevard, and NE 1St Street. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed requests and determined that they implement the recommendations of the CRA Community Redevelopment Plan, the City's Strategic Plan and the Economic Development Strategic Plan. Staff recommends approval of the proposed Master Plan and in conjunction with the corresponding ordinances for the Future Land Use Map Amendments and Rezoning. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square MPMD 17-XXX\StaffReport\TownSquareMasterPlan LUAR 17-005 Staff Report.doc KI Page 671 of 808 CITY OF BOYNTON BEACH EXHIBIT A TOWN SQUARE LOCATION MAP 0 Legend 11111 Town Square Future Coastal Link station 0 0.015 0.03 0.06 0.09 0.12 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Total Town Square area: 16.5 acres Page 672 of 808 CITY OF BOYNTON BEACH EXHIBIT 131 CURRENT FLU CLASSIFICATIONS FOR TOWN SQUARE AND ADJACENT AREAS 11■ NE 3rd Ave NE 1st E Ocean Ave st .dna Legend Future Land Use Classifications LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre ;:�. VIRI!lf�ll1141%119 LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) a� INDUSTRIAL (1) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) Town Square E ��I'I'I'14I'I'I'I'I�1�1�1�1�l�lllllllll ■ D Last amended October 20, 2015 N W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 673 of 808 CITY OF BOYNTON BEACH EXHIBIT B2 CURRENT ZONING DESIGNATIONS FOR TOWN SQUARE AND ADJACENT AREAS in !00!!§1 C2 Neighborhood Commercial ® C3 Community Commercial NE 3rd Ave E Boynton Beach Blvd E Ocean Ave SE .7 st�Ave t i 00 SE N u uuuuuuuuuuuuuuuuuuuuuuuumm�iiiiiiiiiiuuuuuuuuuiiiii SE 2ndAveSE 3rd Ave C4 General Commercial CBD Central Business District M1 Light Industrial ® PU Public Usage 0 REC Recreation 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement IIIIIIIIIIIIIIIIIIIIITown Square Page 674 of 808 CITY OF BOYNTON BEACH EXHIBIT C1 PROPOSED FLU CLASSIFICATION FOR TOWN SQUARE* NE 3rd Ave st .dna Legend LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.U./Acre /� MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre VIRI!lf�111141%f� LOCAL RETAIL COMMERCIAL (LRC) = GENERAL COMMERCIAL (GC) INDUSTRIAL (1) Mixed Use (MX), Max. Density 40 du/acre MIXED USE Medium (MXM), Max. Density 50 D.U./Acre VIII Town Square * NOTE: Areas adjacent to Town Square shown N with the current FLU classifications W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 675 of 808 CITY OF BOYNTON BEACH EXHIBIT C2 PROPOSED ZONING DESIGNATION FOR TOWN SQUARE in !00!!§1 C2 Neighborhood Commercial ® C3 Community Commercial NE 3rd Ave E Boynton Beach Blvd Ave SE 2nd-Ave- SE ndAveSE 3rd Ave C4 General Commercial CBD Central Business District M1 Light Industrial MU -3 Mixed Use 3 Town Square I M 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 676 of 808 O 0 LL Jw o = o z J ----'P^I8 gDuag uO'4uXO8.3 z Q? 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SCAL�F 7 BOULEVARD EXHIBIT "E" Conditions of Approval Project Name: Town Square Master Plan File number: LUAR 17-005 Reference: Review of plans identified as a Master Plan with a January 15, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT Planning & Zoning Comments: 1. Provide square footages for all proposed buildings on master plan to show compliance with the required minimum and maximum Floor Area Ratio standards of the MU -3 zoning district. 2. Absent a traffic study or specific traffic analysis, staff recommends restricting the intersection of N.E. 1St Street and Seacrest Boulevard to right in/right out traffic movements. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 3. Revise the "Playground" area to be a minimum of 10,000 square feet. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\Town Square MPMD 17-XXX\StaffReport\ExhibitE_COA.doc Page 683 of 808 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Town Square Master Plan (LUAR 17-005) APPLICANT: City of Boynton Beach APPLICANT'S ADDRESS: 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 20, 2018 APPROVAL SOUGHT: Approve the Boynton Beach Town Square Master Plan for a mix of civic, residential and commercial uses, pending reclassification of the 15.04 acre property from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezoning from Public Usage (PU), Recreation (REC), and Multifamily (R-3) to Mixed Use 3 (MU -3) zoning district. City -initiated. LOCATION OF PROPERTY: Civic Campus 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 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X 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 X 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 X 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\TOWN SQUARE\Town Square MPMD 17-XXX\StaffReport\MasterPlanDO.doc Page 684 of 808 =0111 PUBLIC HEARING 2/20/2018 REQUESTED ACTION BY COMMISSION: Approve Boynton Beach Gateway Police Station Community Design Appeal (CDPA 17-010) of Chapter 4, Article 111, Section 3.G., "Overhead doors facing rights-of-way" located at the SE corner of Gateway Boulevard and High Ridge Road in the PID (Planned Industrial Development) zoning district. Applicant: City of Boynton Beach EXPLANATION OF REQUEST: This application for Community Design Appeal (CDPA 17-010) is a companion to Major Site Plan Modification application (MSPM 17-010) requesting to construct a two-story, 53,800 square foot police station and associated site improvements immediately north of Fire Station #5, at the SE corner of Gateway Boulevard and High Ridge Road. The request is relative to the location of the overhead bay doors on the west facade of the building, the sally port and the vehicle storage building. The community design standards prohibit overhead bay doors on facades facing selected highly visible roadways, which are considered entrances into the City and/or carry a considerable amount of daily traffic. The rationale is that buildings located on these roadways should be held to a higher level of architectural standards. High Ridge Road is one of those select roadways and the proposed station's bay doors would face High Ridge Road. Based upon previous approvals in the vicinity, distance of the doors from the right-of-way, and mitigation through the use of paint, landscaping and perimeter wall, staff recommends approval. The Planning & Development Board, at their January 23, 2018 meeting recommended approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? New station supports the relocation of the Police Department and therefore the Town Square Redevelopment Project, and provides the long awaited facility to support current and future service and program needs for optimal law enforcement within the City. FISCAL IMPACT: Project funding is to be programmed through the joint public/private (P3) initiative. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: PiroJect would further a Strategic Initiative obJectiive to support the Ciity's Goal to be a "High Peirfoirirrniiirng Ciity Organization". CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 685 of 808 Is this a grant? Grant Amount: ATTACHMENTS: Type D Staff IRE)port D I ocaboin lMap D �D ings D �D ings D �D ings D I E)ttENr D Coindboins of Appirov,-,.i�l D DE)V(.)k)" PirTlE)l['lt OrdE)r Description Staff IRE)port I ocaboin as SRE) IRla in BL.Jlidiing ElE)V,-.1b01['lS I aindscalPE) IRlalr s Appicaint J LAStificaboins Coindboins ofAppirov,-,.fl DE)VE)lopirTIENI'lt OrdE)r Page 686 of 808 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-007 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael W. Rumpf, Director of Planning & Zoning FROM: Ed Breese, Principal Planner DATE: January 12, 2018 PROJECT NAME/NO: Boynton Beach Gateway Police Station / CDPA 17-010 REQUEST: Approve Boynton Beach Gateway Police Station Community Design Appeal from Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way". Applicant: City of Boynton Beach Property Owner: City of Boynton Beach Agent: Mark Rickards, Kimley-Horn and Associates, Inc. Location: SE corner of Gateway Boulevard and High Ridge Road (see Exhibit "A" - Site Location Map) Site Details: The applicant has submitted a companion development application for Major Site Plan Modification for construction of a two-story, 53,800 square foot police station and associated site improvements on a 4.92 acre parcel, located at the SE corner of Gateway Boulevard and High Ridge Road in the PID (Planned Industrial Development) zoning district. The site is the northern one-half of a City -owned parcel that contains Fire Station #5 on the southerly portion. NATURE OF REQUEST As noted above, Mark Rickards of Kimley-Horn and Associates, Inc. is requesting approval of a Community Design Appeal from Chapter 4, Article III, Section 3.G., "Overhead doors facing rights-of-way", which is relative to the proposed location of the overhead bay doors on the west facade of the building, the sally port and the vehicle storage building. The community design standards prohibit overhead bay doors on facades facing selected highly visible roadways, which are considered entrances into the City and/or carry a considerable amount of daily traffic. The rationale is that buildings located on these roadways should be held to a higher level of architectural standards. High Ridge Road is one of those select roadways and the doors are on the facades facing High Ridge Road. BACKGROUND AND ANALYSIS The applicant has submitted a Justification Statement (Exhibit "C") date-stamped Page 687 of 808 Staff Report — Boynton Beach Gateway Police Station (CDPA 17-010) Memorandum No PZ 18-007 Page 2 January 16, 2018 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. As noted above, the community design standards prohibit overhead bay doors on facades facing selected highly visible rights-of-way. Previous Community Design Plan Appeals (CDPA) involving overhead garage bay doors have been approved for projects along High Ridge Road. In 2002, the City Commission approved a CDPA for the Premiere Interstate parcel just south of the CarMax property. The reasoning behind the approval stems from the fact that the overhead bay doors facing High Ridge Road would be preferable to orienting them on the back of the buildings facing the Interstate, since the sheer number of vehicles (volume of traffic) traveling on I-95 far exceeds those that travel on High Ridge Road. A second approval was granted in 2003 involving High Ridge Commerce Center II, a project north of Gateway Boulevard on the west side of High Ridge Road, immediately north of Canterbury Townhomes. For this project, there were unique site characteristics and constraints, due to the long and narrow configuration of the parcel, combined with the fact that 25% of the site was set aside for preservation of the A -rated Scrub habitat on the western portion of the property. Since the building was designed for smaller tenant spaces requiring overhead bay doors on both sides of the building and the narrowness of the parcel precluded the buildings from being oriented in another direction, inevitably the doors had to face High Ridge Road. More recently, the Fire Station on the south portion of this property received Commission approval in 2007 for a CDPA that allowed the apparatus bay doors to face High Ridge Road. The justification for approval of the appeal was several fold, including the fact that every second counts in responding to an emergency, and having immediate access to the main thoroughfare (High Ridge Road) would Staff Report — Boynton Beach Gateway Police Station (CDPA 17-010) Memorandum No PZ 18-007 Page 3 substantially improve response times, as opposed to driving through a long parking lot before entering the highway. Additionally, the architects proposed painting the overhead doors one of the matching accent colors of the building, in order that the doors blend with the building as much as possible, without creating one long wall of a single color. Also, standard operating procedure is forthe bay doors to be closed, thus obscuring any storage, daily operations, or the things people generally find objectionable about open garage bays. Lastly, the Architects' design of a lush, colorful landscape theme along the front of the fire rescue station, in combination with the Quantum Park streetscape on High Ridge Road, helped soften any impact from the orientation of the bay doors. Lastly, due to the termination of the road at the High School further south of the site, and the types of businesses south of the subject site, this segment of High Ridge Road has relatively low volumes of traffic in contrast with the other roadways contemplated under the Community Design regulations for overhead bay doors. The architect states in the responses to the review criteria that the inclusion of overhead bay doors is necessary for the functionality of the proposed Police Station in order to protect material evidence and chain of custody. He further notes the overhead bay doors are to be painted to match the adjacent building walls to help the doors blend with the surrounding walls, and that there are several layers of screening provided between the street and the doors more than 200 feet away. The landscaping along the right-of-way is a minimum 25 feet in width and includes a six (6) foot tall masonry wall. Between the 25 -foot wide landscape buffer and the doors are other landscape islands in the parking lot that would further screen the doors from view. In conclusion, staff has determined that the project meets the intent of the review criteria for Community Design Appeals in relation to the distance from the right-of- way and screening of the overhead bay doors. In addition, the approval appears consistent with previous City actions involving overhead bay doors along this portion of High Ridge Road. Lastly, 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, and finally, the project should not have any adverse impact on property values of abutting or adjacent land. RECOMMENDATION Staff has reviewed this request for Community Design Appeal approval, and based on the analysis contained herein, recommends approval, contingent upon City Commission approval of the concurrent request for Major Site Plan Modification, 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. 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The 9,ttached site plan shows the existing fire station together with a proposed 53,800 square foot police station with modifications to shared public parking as well as secured parking and a right - out exit only driveway onto High Ridge Road. a Page 698 of 808 DEVEL&IMENTARFA A a Page 698 of 808 K01 m I ey,/,)) H (".1) r n Major Modcation to Site Plan — Review Criteria Pursuant to Chapter 2 Articlemodcation to a previously approved site plan can be considered minor or major based on the given criteria, since the proposal increases the square foota e by more than 10% this is considered a Maior standards- in Chapter 4, and the following review -criteria: 1) Requirements of the The zoning district is PID (Planned Industrial District) respective zoning district governed by the Quantum Park DRI and Chapter 3 regulations have been met Article III Section 6.13, with specific notes below for (Chapter 3 Article 111). reference: PID districts should be located with respect to major roadways and other transportation f9cilities v* Pry t* #rwvW#.- Orect creating traffic impacts to residential areas. The proposed development has direct access to High Ridge Road (utilizing the existing curb not create additional impacts to residential streets. • Extensions of city maintained waterlines, sewer lines, pumping stations, streets etc. shall be constructed at no expense to the city in accordance with city ordinances and specifications. The proposed development is an expansion of the existing fire station, and does not create off-site infrastructure requirements, although by definition the GMP process will result in a City contract for construction. • The site shall be suitable for development in the manner proposed without hazards to persons or property from probability of flooding, erosion or other dangers. The project will be part of the master stormwater permit with SFWMD, and will be designed and permitted to avoid any danger of flooding or erosion. • The proposed use is permitted by the Use Matrix in Chapter 3 (Use Matrix Table • The overall Quantum Park DRI is greater than 25 acres. Page 699 of 808 IZII Kirnley)�O Horn Page 3 Project meets required setbacks, does not exceed maximum lot coverage or maximum FAR, and does not exceed the maximum height of 45'. 2) Site development standards This project meets or exceeds property development have been met (Chapter 4) standards contained in Chapter 4, including the following points for clarification; • Project site will apply fora NPDES permit prior to construction with stormwater pollution prevention plans. • Landscape Plans have been completed in accordance with Chapter 4 article 11. • Parking calculations have been provided for the overall development. Additional coordination is needed between the police and fire agencies in regard to public access parking, and shared use of the eastern parking lot, • The project has requested review by the Quantum Park Architectural Committee for comment and approval on the building elevations, and approval for use of the master drainage permit storage volumes and discharge. Pursuant to Article 11 Section 4 (Relief Application) Paragraph B, a Community Design Appeal must demonstrate compliance with the following standards: a) Consistency with the Comprehensive Plan: the use and orientation is consistent with the Comprehensive Plan, the Future Land Use Element recognizes that in industrial districts, office uses are appropriate, and the proposed police services most closely resemble office use in character, bay doors are necessary to house some of the larger vehicles and are located in the NE corner of the site which minimizes aesthetic impacts to Gateway (which is elevated adjacent to the NE corner, and High Ridge Road (which will also be screened by a security wall. b) Whether the proposed request will significantly detract from the livability or appearance of the city, and will be consistent with the established or desired character of the area: The proposed request is consistent with the character of businesses along High Ridge Road, and the inclusion of overhead doors are necessary for the functionality of the proposed police facility, which includes the intake and storage of vehicles to be used as evidence, as well as specific purpose vehicles for use in police services. The visual impact of these overhead doors is partially mitigated by a security wall surrounding the northern vehicular area of the project. Page 700 of 808 Kimley,,,�> Horn Page 4 e) FThether the proposed request will have adverse environmental impacts that cannot be prevented by the imposition of conditions: The proposed request does not trigger additional environmental impacts which would be outside of the normal realm of resolution through the imposition of conditions. The overhead doors are not typical to a retail development, but are a natural and logical result of police operations, and are necessary to both protect material evidence and chain of custody, preserve and protect valuable departmental vehicular resources, and to avoid the de -facto reservation of parking areas for these same purposes. f) Whether the proposed request will have an adverse impact on property values of abutting or adjacent landThe development of the vacant property adjacent to the existing fire station, as an infill project and the logical extension of the previously approved fire station project will add to the developed framework of non-residential properties along this portion of High Ridge Road, and the development of infill properties serves to reduce supply and raise demand for property which has a general effect of raising property values. g) Whether the proposed request will seriously reduce the quality or quantity of light and air available to adjacent properties- The depressed elevation of the property, relative to the overpass for 1-95 and elevation of High Ridge Road means that the proposed overhead doors are at a lower relative elevation to the surrounding rights of way and pedestrian sidewalks, and as a result has no impact to the available quality or quantity of light and air 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. The continued provision of high quality responsive police and fire rescue services is a vital component to the economic and business development of the City. i) Whether the proposed request meets the purpose and intent of these regulations but conflicts with other site development standards or requirements including sustainable development and green initiatives. The inclusion of overhead doors does not create other conflicts within the land development regulations, nor does it have any negative impacts to potential sustainability or green initiative programs. Page 701 of 808 1� f N" iin .1 e%H or n Rige, 5 The conditions of approval attached to the current site plan being transmitted to the Planning and Development Board are acceptable, and may be reduced prior to transmittal to City Commissior as a result of the coming week's discussions and plan revisions. qRs[Ions or Gorlc��rns i carl #F reacile la Glflali aL manq,7017 r Dy prione at (561) 404-7244. Page 702 of 808 EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: Boynton Beach Gateway Police Station File number: CDPA 17-010 Reference: 2nd review plans identified as a New Site Plan with a January 9, 2018 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 application for Major Site Plan Modification. X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. Page 703 of 808 Boynton Beach Gateway Police Station (CDPA 17-010) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Gateway Police Station\CDPA 17-010\COA post P&D.doc Page 704 of 808 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Gateway Police Station (CDPA 17-010) APPLICANT: Colin Groff, Assistant City Manager APPLICANT'S ADDRESS: 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 20, 2018 APPROVAL SOUGHT: Community Design Appeal approval for Boynton Beach Gateway Police Station from Chapter 4, Article III, Section 3.G., "Overhead doors facing rights- of-way", located immediately north of Fire Station #5, at the SE corner of Gateway Boulevard and High Ridge Road. LOCATION OF PROPERTY: SE corner of Gateway Boulevard and High Ridge Road 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\Boynton Beach Gateway Police Station\CDPA 17-010\DO.doc Page 705 of 808 01M PUBLIC HEARING 2/20/2018 REQUESTED ACTION BY COMMISSION: Approve Boynton Beach Gateway Police Station Major Site Plan Modification (MSPM 17-010) to construct a two-story, 53,800 square foot police station and associated site improvements immediately north of Fire Station #5, at the SE corner of Gateway Boulevard and High Ridge Road in the PID (Planned Industrial Development) zoning district. Applicant: City of Boynton Beach EXPLANATION OF REQUEST: The City proposes to construct a two-story, 53,800 square foot police station and associated site improvements immediately north of Fire Station #5 at the SE corner of Gateway Boulevard and High Ridge Road. The original approval of Fire Station #5 for the south half of the property in 2007 contemplated future development by the City as Phase 11. Staff recommends approval of the request subject to the attached Conditions of Approval, as well as approval of the corresponding Community Design Appeal (CDPA 17-010). The Planning & Development Board at their January 23, 2018 meeting recommended approval of the request, with the condition that three (3) handicap parking spaces be added to the site plan. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? New station supports the relocation of the Police Department and therefore the Town Square Redevelopment Project, and provides the long awaited facility to support current and future service and program needs for optimal law enforcement within the City. FISCAL IMPACT: Project funding is to be programmed through the joint public/private (P3) initiative. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: PiroJect would further a Strategic Initiative obJectiive to support the Ciity"s Goal to be a "High Peirfoirirrniiirng Ciity Organization". CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Page 706 of 808 Grant Amount: ATTACHMENTS: Type D Staff IRE)port D I ocaboin lMap D �D ings D �D ings D �D ings D �D ings D �D ings D Coindhoins of Appirov,-,.i�l D DE)VE)k)" PirTIENI'lt OrdE)r Description Staff IRE)port I ocaboin as SRE) IRla in Civfl IRla ins I aindsca�PE) IRlalr s FlhotoirTIE)tric IRla in BL.Jlidiing ElE)V,-.1h01['IS Coindhoins of Appirov,-,.il DE)V(.)�opirTIENI'lt OrdE)r Page 707 of 808 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-006 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael W. Rumpf Director of Planning and Zoning FROM: Ed Breese Principal Planner DATE: January 11, 2018 PROJECT NAME: Boynton Beach Gateway Police Station (MSPM 17-010) REQUEST: Major Site Plan Modification approval for a two-story, 53,800 square foot police station and associated site improvements on a 4.92 -acre parcel, located at the SE corner of Gateway Boulevard and High Ridge Road in the PID (Planned Industrial Development) zoning district. Applicant: City of Boynton Beach PROJECT DESCRIPTION Property Owner: City of Boynton Beach Applicant: City of Boynton Beach Agent: Mark Rickards, Kimley-Horn and Associates, Inc. Location: SE corner of Gateway Boulevard and High Ridge Road (see Exhibit "A" - Site Location Map) Existing Land Use: DRI (Development of Regional Impact) Proposed Land Use: No change to land use proposed Existing Zoning: PID (Planned Industrial Development) Proposed Zoning: No change to zoning proposed Proposed Use: A two-story, 53,800 square foot police station and associated site improvements Acreage: 4.92 acres Page 708 of 808 Boynton Beach Gateway Police Station (MSPM 17-010) Memorandum No PZ 18-006 Page 2 Adjacent Uses: North: Right-of-way for Gateway Boulevard and farther north is a developed office building (Children's Services Council) zoned PID (Planned Industrial Development); South: City Fire Station #5 (on the southerly portion of the site) zoned PID (Planned Industrial Development); East: Right-of-way for the SCL Railway and Interstate 95; and West: Right-of-way for High Ridge Road and farther west is a developed mixed use project (Quantum Town Center) zoned PID (Planned Industrial Development). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: Mr. Mark Rickards, agent, is requesting approval to allow the construction of a two-story, 53,800 square foot police station and associated site improvements immediately north of Fire Station #5. The original approval of Fire Station #5 on the south half of the property in 2007 contemplated future development by the City as Phase II. The agent has also submitted an application for Community Design Appeal to address the overhead doors proposed to face High Ridge Road. ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and, at the time of this report, the County has not completed their review. The traffic study was performed by Kimley-Horn and Associates and indicates that the project would generate a total of 56 AM Peak Hour trips and 58 PM Peak Hour trips, with a total of 3,708 daily trips. The study indicates that the easternmost nortbound lane of the intersection of High Ridge Road and Gateway Boulevard should be converted to an Page 709 of 808 Boynton Beach Gateway Police Station (MSPM 17-010) Memorandum No PZ 18-006 Page 3 "exclusive right turn lane only", and with the suggested improvement, concludes that the project will meet the requirements of Palm Beach County Traffic Concurrency. 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 five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. As the future buildout of the site was contemplated during the design and construction of Fire Station #5 immediately to the south, much of the infrastructure was sized and placed in anticipation. Any extensions and routing of facilities is being coordinated with Utility staff. Police/Fire: The Police and Fire Departments have reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: One (1) point of full ingress/egress is proposed for the project, located at the existing entance/exit for Fire Station #5. This driveway was originally designed as a shared ingress/egress point in anticipation of the future buildout of the site. A second point for egress only is proposed as a "right -out only" driveway from the secured parking lot on the west side of the proposed Police Station, approximately 200 feet north of the shared access driveway. A sidewalk will be constructed along High Ridge Road for the length of the 4.92 acre site, and a walkway will be installed leading from the public sidewalk to the building entrance. Parking: The off-street parking requirements for the proposed police station have been calculated utilizing standard office use calculations, plus use of parking rates for storage uses (indoor vehicle storage and evidence storage). The standard office calculation of one (1) parking per 300 square feet equates to 167 parking spaces required (53,800 — 3,867 evidence storage = 49,993 square feet). The 3,867 square feet of evidence storage calculated at one (1) parking space per 1000 square feet adds four (4) parking spaces to the total required. Lastly, the vehicle storage structure, proposed at 4,400 square feet, is calculated at one (1) parking space per 1000 square feet, adding another five (5) parking spaces, for a total of 176 parking spaces required. Page 710 of 808 Boynton Beach Gateway Police Station (MSPM 17-010) Memorandum No PZ 18-006 Page 4 The site plan depicts the provision of 177 parking spaces for the Police Station. Parking for the existing Fire Station, located between the two (2) buildings is to be slightly altered as part of this site plan amendment. The Fire Station parking requirements are 109 spaces, and 116 are provided. The total required parking for the public safety complex (Police & Fire combined) is 285 spaces and 293 spaces are being provided. The proposed grassed parking area depicted on the east side of the Police Station will be reviewed at time of permit submittal for compliance with the grassed parking provisions of the Land Development Regulations (see Exhibit "C" — Conditions of Approval). Landscaping: The Plant List (Sheet L2.01) indicates that the project would contain a total of 79 canopy and 58 palm trees, 4,459 accent, shrub, and groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Oak, Gumbo Limbo, Green & Silver Buttonwood, Yellow Elder, Pigeon Plum, Orange Geiger and Pink Tabebuia trees. Palm species would include Medjool Date, Royal, Montgomery, Thatch, and Sabal. Typical shrubs utilized in the plant scheme include Red Tip Cocoplum, Small Leaf Clusia, Croton, Dwarf Firebush, Red Ixora, Wax Myrtle and Indian Hawthorne. The Tree Disposition Plan (Sheet 1-1.01) indicates that 23 trees and 5 palms are proposed to be removed and mitigated as part of the landscape design. The total caliper inches being removed from the site is 226 inches, and 227 caliper inches are being planted as part of the mitigation. All proposed mitigation plant materials are proposed to be canopy trees (Oak, Gumbo Limbo, Green & Silver Buttonwood, Yellow Elder, Pigeon Plum, Orange Geiger and Pink Tabebuia). Additionally, where possible, the applicant proposes to relocate on site any quality/healthy trees and palms capable of survival (6 Live Oak, 4 Gumbo Limbo and 5 Orange Geiger, plus 2 Medjool Date Palms). Additionally, the required Quantum Park perimeter landscape buffer of 30 foot in width is maintain with this design. Building and Site: The proposed site area totals 4.92 acres, and is located at the base of the Interstate 95 overpass emankment between the railroad and High Ridge Road. As previously noted, the original approval of Fire Station #5 on the south half of the property in 2007 contemplated future development of this nothern portion of the site by the City as Phase II. The proposed site plan depicts the placement of a 53,800 square foot Police Station building immediately north of the existing parking field for Fire Station #5. An accessory three (3) bay vehicle storage building, 4,800 square feet in size, is proposed near the northeast corner of the site. This structure is intended to be a Butler type building (pre -fab structure). As no drawings of the structure were provided during site plan review, staff recommends that the structure be clad with materials and paint colors that correspond to the material, design and colors of the main structure. Page 711 of 808 Boynton Beach Gateway Police Station (MSPM 17-010) Memorandum No PZ 18-006 Page 5 The proposed Police Station is designed as a two-story, tilt wall structure with contemporary, clean line architecture. In addition to the standard police operations, the building will contain a training room that also acts as space for other community functions/activities. As noted above, a concurrent application requesting approval of a Community Design Appeal of Chapter4, Article III, Section 3.G., "Overhead doors facing rights-of-way" has been submitted. This request is relative to the location of the overhead bay doors for the west facade of the building, the sallyport and the vehicle storage building facing High Ridge Road. The community design standards prohibit overhead bay doors on facades facing selected highly visible roadways, which are considered entrances into the City and/or carry a considerable amount of daily traffic. The rationale is that buildings located on these roadways should be held to a higher level of architectural standards. High Ridge Road is one of those select roadways and therefore, the project as designed is subject to the appeal process. As noted in the Community Design Appeal staff report, the overhead bay doors are to be painted to match the adjacent building walls to help the doors blend with the surrounding walls, and several layers of screening are provided between the street and the doors. The landscaping along the right-of-way is a minimum 25 feet in width and includes a six (6) foot tall masonry wall. Between the 25 foot wide landscape buffer and the doors are other landscape islands in the parking lot, that would provide further screening of the doors from view. Building Height: The maximum building height allowed in the PID (Planned Industrial Development) zoning district is 45 feet. The proposed building elevations depict the typical roof deck height of the building at 28 feet, with typical parapet walls at approximately 32 feet. Setbacks: The PID zoning district requires 30 foot building setbacks from the front, rear and side corner property lines and 20 feet for the interior side property line. The Police Station building, as situated on the site, has the following setbacks: front — 53 feet; rear — approximately 200 feet; side corner— 97 feet; and interior side — approximately 410 feet (property line south of Fire Station #5). The vehicle storage building has closer setbacks to the north (side corner) and east (rear): side corner — approximately 64 feet; and rear — approximately 105 feet. In each instance, the required setbacks are satisfied. Design: As previously noted, the Police Station is designed as a two-story, tilt wall structure with contemporary, clean line architecture. The design features a textured concrete finish, parapet roof, building score lines, stone veneer (Keystone Coral) and trims, metal canopies, and impact resistant storefront glass. The Sherwin-Williams color palette is off-white and gray colors: body color - Snowbound (SW 7004) and trim/accent color — Gray Clouds (SW 7658). Certain locations on the building have the metal fascia and canopies painted blue. Page 712 of 808 Boynton Beach Gateway Police Station (MSPM 17-010) Memorandum No PZ 18-006 Page 6 Lighting: The photometric plan (Sheet E -001a) includes 18 freestanding pole light fixtures, all of which would be 25 feet in height. The poles would be constructed of cast aluminum. There are no spot readings in excess of the maximum 5.9 foot-candles allowed by code. The applicant will need to provide a new Photometric Plan at time of permitting, reflecting the revised parking layout and providing greater detail of the pole and light fixture design and colors (see Exhibit "C" — Conditions of Approval). Signage: Site and building signage has not been finalized. Prior to requesting any sign permits for the site, the applicant will need to submit drawings for compliance with the City's Sign Code (see Exhibit "C" — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement. The Public Art component of the project will be one (1) percent of the estimated construction value. Coordination with the Public Arts Manager will be accomplished to determine the best way to incorporate art into the project. RECOMMENDATION Staff has reviewed this request for a major site plan modification and recommends APPROVAL, subject to approval of the accompanying application for community design appeal and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Gateway Police Station\MSPM 17-010\Staff Report.doc Page 713 of 808 LOCATION MAP Exhibit A N 037.35 150 2 0�1a �ar��FeetOf - Qom o w wo w a a' wz oa=-- wmo zoo o - - o -_° N� - O_ N m a �oNw 1 a s � _ ............... a�� >u3aAN�s�s, 53L��o * l N�0o6o6�Ao "oEl'z1z' I'll 0e" �o�Ne 3-d ''NiNa.. 'a v..... 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IIIIIIIIIIIIIIIIIIIII • EXHIBIT C Conditions of Approval Project Name: Boynton Beach Gateway Police Station File number: MSPM 17-010 Reference: 2nd review plans identified as a Maior Site Plan Modification with a January 9, 2017 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: 1. At time of permit submittal, on C1.00 please relocate the wall/fence further east at the "exit only" driveway to ensure they will not interfere with sight distance of vehicles exiting the Police Department. Please utilize FDOT standard (Sec. 546) for sight distance requirements. Additionally, ensure the planting scheme of trees does not impact sight distance at the exit. X FIRE Comments: None. All previous comments addressed at DART meeting. POLICE 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: 2. Seventy-five (75) % of the landscape islands do not appear to conform to the minimum code requirements of 15 foot width in any dimension and 224 square feet in area. Please demonstrate compliance. At time of permit submittal, please depict compliance with this code section. X 3. At time of permit submittal, please provide one (1) set of manufacturer paint color chips for the buildings, wall, and dumpster enclosure. X Page 725 of 808 BB Gateway Police Station (MSPM 17-010) Conditions of Approval Paae 2 of 2 DEPARTMENTS I INCLUDE REJECT 4. At time of permit submittal, please provide 24" X 36" color building elevations of the vehicle storage building, including the appropriate X cladding and paint colors to match the proposed Police building. 5. At time of permit submittal, please provide drawing demonstrating visibility and screening of rooftop equipment. X 6. At time of permit submittal, please provide light pole and fixture details, including materials and colors. X 7. At time of permit submittal, please provide details of the dumpster enclosure including proposed material, size, color and gates. X 8. At time of permit submittal, please demonstrate compliance with the grassed parking provisions of the Code. X 9. At time of permit submittal, please provide details of the butler building depicting the cladding and painting to resemble the principal building. X 10. Please provide a traffic concurrency approval letter from Palm Beach County Traffic Engineering. If not received prior to project approval, applicant will be required to comply with any recommendations X outlined in the concurrency deemed necessary by the City, at the City's sole discretion. 11. The Public Art component of the project will be one (1) percent of the estimated construction value. Please coordinate with the Public Arts X Manager to determine the best way to incorporate art into the project. COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 12. At time of permit submittal, please add three (3) more handicap parking spaces to the site plan. X CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\BB Gateway Police Station\COA post P&D.doc Page 726 of 808 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Gateway Police Station (MSPM 17-010) APPLICANT: Colin Groff, Assistant City Manager APPLICANT'S ADDRESS: 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 20, 2018 APPROVAL SOUGHT: Major Site Plan Modification approval to construct a two-story, 53,800 square foot police station and associated site improvements immediately north of Fire Station #5, at the SE corner of Gateway Boulevard and High Ridge Road. LOCATION OF PROPERTY: SE corner of Gateway Boulevard and High Ridge Road 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\Boynton Beach Gateway Police Station\MSPM 17-010\DO.doc Page 727 of 808 011110111 PUBLIC HEARING 2/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-001 -FIRST READING Approve MILK South Rezoning (REZN 18-003) from MU -1_2 (Mixed Use–Low Intensity 2 District) to MU -2 (Mixed Use 2 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 2.97 acre area. Applicant: City -initiated. EXPLANATION OF REQUEST: The subject area, provisionally referred to as MILK South, consists of seventeen (17) parcels, ten (10) of which are owned by Boynton Beach CRA. The remaining seven (7) parcels are privately owned, five of which by a single entity. Thirteen of the parcels are currently vacant. The subject request is city -initiated and consistent with the provisions of the Land Development Regulations (LDRs). Since 2015, the LDRs have allowed the City to proactively initiate and process future land use reclassification and rezoning to planned zoning districts for selected sites—if recommended by a significant planning document(s)— without a concurrent review of a master plan. The request meets this condition as it will implement the recommendation of the CRA Plan. The request represents the continuation of "house cleaning" tasks following the CRA Plan -recommended major changes to the City's future land use and zoning structure. The "new" FLU structure is now reflected in the amended FLU map, with the subject property classified MXM, Mixed Use Medium. The MXM classification allows a maximum density of 50 dwelling units/acre; its two corresponding zoning designations, MU -2 and MU -3, have the respective maximum densities of 40 and 50 dwelling units/acre. The subject property's current MU -L2 zoning—with a maximum density of 30 dwelling units per acre—is part of the "old" structure and has been phased out. The proposed MU -2 zoning district, otherwise essentially the same district as MU -L2, nevertheless allows for a significantly higher maximum density than the existing designation (40 versus 30 dwelling units/acre). Since the new zoning structure does not include a district with the same density cap, MU -1_2 is the appropriate choice, consistent with the recommendations of the CRA Plan. At the meeting held on January 23, 2018, the Planning and Development Board recommended that the subject item be approved. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on City services or programs; however, depending on the type of future project, the developer will have to coordinate water, sewer and stormwater improvements with the Utilities Department. FISCAL IMPACT: The future project will contribute to the City's tax base. ALTERNATIVES: None recommended. STRATEGIC PLAN: Page 728 of 808 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type D OrdinainCE) D Staff RE)port D I ocaboin li ap D I ocaboin li ap Description Ordinall'ICE) RE)ZOIllillIg IW K SOLAth Staff RE)port Exhibitk I ocaboin li ap AE)ri4� Exh �i bi t IC: II ocaboin li ap RE)ZOIllillIg Page 729 of 808 1 2 3 4 5 6 7 8 9 10 11 12 ORDINANCE NO. 18 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS MLK SOUTH FROM MIXED USE LOW INTENSITY 2 DISTRICT (MU -L2) TO MIXED USE 2 DISTRICT (MU -2); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 13 and 14 WHEREAS, the City of Boynton Beach has made application to rezone land, said 15 land being more particularly described hereinafter, from Mixed Use Low Intensity 2 (MU - 16 17 18 19 20 21 22 23 24 L2) to Mixed Use 2 District (MU -2); and WHEREAS, the City Commission conducted public hearings as required by law and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated 25 herein by this reference. 26 27 28 29 Section 2. The land herein described be and the same is hereby rezoned from Mixed Use Low Intensity 2 (MU -L2) to Mixed Use 2 (MU -2). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal Description: LOTS 4 THROUGH 13, INCLUSIVE, BLOCK 4 AND LOTS 5 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\9436F120-0365-4B5E-B469-C3E433234E46\Boynton Beach. 9121.1. MLK_S outh_(2018)_-_Rezone _-_Ordinance.doc Page 730 of 808 30 THROUGH 13 INCLUSIVE, BLOCK 5, PALM BEACH COUNTRY CLUB 31 ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN 32 PLAT BOOK 11, PAGE 43, PUBLIC RECORDS OF PALM BEACH 33 COUNTY, FLORIDA. 34 35 TOGETHER WITH THE SOUTH 100 FEET OF THE WEST 5 FEET OF LOT 36 20, AND LOTS 21 AND 22 ROBERT WELLS' SUBDIVISION, ACCORDING 37 TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 11, PAGE 66, 38 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE 39 NORTH 10 FEET FOR ROAD RIGHT -OF -WAY PURPOSES. 40 41 AND TOGETHER WITH 42 LOT 172, ARDEN PARK, ACCORDING TO THE PLAT THEREOF AS 43 RECORDED IN PLAT BOOK 2, PAGE 96, PUBLIC RECORDS OF 44 PALM BEACH COUNTY, FLORIDA 45 46 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 47 accordingly. 48 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 49 repealed. 50 Section 5. Should any section or provision of this Ordinance or any portion thereof 51 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 52 the remainder of this Ordinance. 53 Section 6. This ordinance shall become effective immediately upon passage. 54 FIRST READING this day of , 2018. 55 56 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\9436F120-0365-4B5E-B469-C3E433234E46\Boynton Beach.9121.1.MLK South _(2018)_ -_ Rezone _-_Ordinance.doc Page 731 of 808 57 SECOND, FINAL READING and PASSAGE this day of , 2018. 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE ATTEST: Judith A. Pyle, CMC City Clerk (City Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\9436F120-0365-4B5E-B469-C3E433234E46\Boynton Beach.9121.1. MLK_S outh_(2018)_-_Rezone_-_Ordinance.doc Page 732 of 808 Page 733 of 808 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\9436F120-0365-4B5E-B469-C3E433234E46\Boynton Beach.9121.1.MLK South _(2018)_-_Rezone _-_Ordinance.doc Page 734 of 808 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-070 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: November 22, 2017 PROJECT: MLK South REZN 18-003 REQUEST: Approve MLK South Rezoning (REZN 18-003) from MU -1_2 (Mixed Use—Low Intensity 2 District) to MU -2 (Mixed Use 2 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 2.97 acre area. Applicant: City -initiated. PROJECT DESCRIPTION Property Owner: Boynton Beach CRA (10 parcels), private owners (7 parcels) Applicant: City -initiated Location: Approximately 125 feet east from North Seacrest Boulevard, between Martin Luther King, Jr. Boulevard and NE 9th Avenue (Exhibit "A") Existing Land Use/ Zoning: Mixed Use Medium (MXM)/ MU -1_2 Mixed Use Low Intensity 2 District) Proposed Land Use/ Zoning: Mixed Use Medium (MXM)/ MU -2 (Mixed Use 2 District) Acreage: +/- 2.97 acres Page 735 of 808 Page 2 MLK South REZN 18-003 Adjacent Uses: North: Right-of-way for Martin Luther King, Jr. Boulevard, and farther north, six vacant parcels classified Local Retail Commercial (LRC) and Medium Density Residential (MeDR), zoned C-2 (Neighborhood Commercial) and R-2 (Single -and Two -Family Residential); South: Right-of-way for NE 9th Avenue, and farther south, Saint John's Missionary Baptist church, classified Public and Private Governmental/Institutional and zoned R-2 (Single -and Two -Family Residential); at the south-east, right-of-way for NE 1St Street and the City's Public Works facility, classified Public and Private Governmental/ Institutional and zoned PU (Public Usage); East: Northeast, rental triplex, then St. Cuthbert Episcopal Church; southeast, a duplex, then a vacant property, and further east developed single-family homes. All classified Medium Density Residential (MeDR) and zoned R-2 (Single -and Two -Family Residential); West: Commercial property (Family Dollar), classified Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial); farther west, right-of-way for North Seacrest Boulevard. BACKGROUND AND PROCESS The subject area, provisionally referred to as MLK South, consists of seventeen (17) parcels, ten (10) of which are owned by Boynton Beach Community Redevelopment Agency (CRA). The remaining seven (7) parcels are privately owned, five of which by a single entity. Thirteen of the parcels are currently vacant. The subject request is city -initiated and consistent with the procedural provisions of the Land Development Regulations (LDRs). Since 2015, the LDRs have allowed the City to proactively initiate and process future land use reclassification and rezoning to planned zoning districts for selected sites—if recommended by a significant planning document(s)— without a concurrent review of a master plan. This request meets the latter condition as it will implement a recommendation of the CRA Plan. It explicitly meets criterion "b"—consistency with redevelopment plans—of the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the LDR, Chapter 2, Article II. Meeting criterion "b" is the minimum requirement for city - initiated applications. Lastly, the request represents the continuation of "house cleaning" tasks following major changes to the City's future land use/zoning structure as part of the implementation of the CRA Plan. Another, similar city -initiated application—seeking rezoning of properties in Page 736 of 808 Page 3 MLK South REZN 18-003 consistency with the said new structure and with the site-specific recommendations of the CRA Plan—is being processed concurrently. EXPLANATION This request, if approved, would constitute the final action to bring the properties in line with the Plan's recommendations. The previous actions executing said recommendations and affecting the property included: • The July 18, 2017 adoption of the Comprehensive Plan text/ Future Land Use (FLU) map amendment package which implemented the modified FLU structure recommended by the CRA Plan. The package included the FLU amendment reclassifying the subject property from its previous Mixed Use category, which the Plan eliminated, to the new Mixed Use Medium category, per the area- specific FLU recommendations of the Plan. • The subsequent adoption, on September 19, 2017, of amendments to the Land Development Regulations (LDRs), codifying the new structure of the FLU categories and implementing the corresponding changes to zoning designations as recommended by the CRA Plan. The changes included reconfiguration of the FLU classification/zoning district scheme, establishment of new districts, redefining the maximum densities of some districts and minor changes to the district titles for consistency within the system. One of the new districts is the MU -2 (Mixed Use 2) District, requested for and now available for the subject property. The properties' Mixed Use Medium future land use classification allows a maximum density of 50 dwelling units/acre; its two corresponding zoning designations, MU -2 and MU -3, have the respective maximum densities of 40 and 50 dwelling units/acre. The subject property's MU -1_2 current zoning—with a maximum density of 30 dwelling units per acre—is part of the "old" structure and as such will be phased out. The proposed MU -2 zoning district, otherwise essentially the same district as MU -L2, nevertheless allows for a significantly higher maximum density than the existing designation (40 versus 30 dwelling units/acre). Since the new zoning structure does not include a district with the same density cap, MU -1_2 is the appropriate choice, consistent with the recommendations of the CRA Plan. CONCLUSION/RECOMMENDATION As indicated herein, the proposed rezoning finalizes the implementation of the recommendation of the CRA Community redevelopment Plan for the MLK South properties. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\CRA Plan_Rezonings_HouseCleaning\MLK South 18-003\REZN 18-003 MLK South Staff Report.docx Page 737 of 808 Exhibit A LOCATION MAP N 0 2040 80 120 160 Feet Page 738 of 808 Exhibit B LOCATION MAP (REZONING 18-003) L --L�MartinlulhecKing-JcBlvd 9 7 m SITE m u m NE 9th Ave Z l NE78th-Ave � N 0 2040 80 120 160 Feet Page 739 of 808 r� PUBLIC HEARING 2/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-002 - FIRST READING -Approve Neelam (fka Schnars) Business Center Rezoning (REZN 18-004) from MU -L (Mixed Use Low District) to MU -1 (Mixed Use 1 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 0.52 acre property. Applicant: City -initiated. EXPLANATION OF REQUEST: The subject property, provisionally referred to as Neelam Business Center, consists of 2 (two) parcels in the Federal Highway District North as designated by the 2016 CRA Community Redevelopment Plan.The property was approved for an office/retail project in 2005; the site plan has since expired and the site is currently vacant. The subject request is city -initiated and consistent with the provisions of the Land Development Regulations (LDRs). Since 2015, the LDRs have allowed the City to proactively initiate and process future land use reclassification and rezoning to planned zoning districts for selected sites—if recommended by a significant planning document(s)—without a concurrent review of a master plan. This request meets the latter condition as it will implement a recommendation of the CRA Plan. The request represents the continuation of "house cleaning" tasks following adoption of major changes to the City's future land use and zoning structure pursuant to the CRA Redevelopment Plan. The "new" FLU structure is now reflected in the amended FLU map, with the subject property classified MXL, Mixed Use Low. The MXL classification allows for a maximum density of 20 dwelling units/acre and has only one corresponding zoning designation, MU -1. Therefore, MU -1 is the only designation that is consistent with the recommendation of the CRA Plan. Note that Mixed Use Low, the property's current zoning designation, permits a significantly higher maximum density of 40 du/acre. However, this designation has effectively been defunct since the 2004 code amendments. At the meeting held on January 23, 2018, the Planning and Development Board recommended that the subject item be approved. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on City services or programs; however, depending on the type of future project, the developer will have to coordinate water, sewer and stormwater improvements with the Utilities Department. FISCAL IMPACT: The future project will contribute to the City's tax base. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 740 of 808 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type D OrdinainCE) D Staff IRE)port D I ocaboin li ap D I ocaboin li ap Description Ordinall'ICE) Staff IRE)port Exhibitk I ocaboin li ap AE)ri4� Exh �i bi t IC: II ocaboin li ap RE)ZOIllillIg Page 741 of 808 i 2 3 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 18 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS NEELAM (FKA SCHNARS) BUSINESS CENTER FROM MIXED USE LOW DISTRICT (MU -L) TO MIXED USE 1 DISTRICT (MU -1); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, the City of Boynton Beach has made application to rezone land, said land being more particularly described hereinafter, from Mixed Use Low District (MU -L) to Mixed Use 1 District (MU -1); and WHEREAS, the City Commission conducted public hearings as required by law and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The land herein described be and the same is hereby rezoned from Mixed Use Low District (MU -L) to Mixed Use 1 District (MU -1). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal Description: S:\CA\Ordinances\Planning\Rezoning\Neelam - Rezone - Ordinance.doc Page 742 of 8�8 30 31 32 33 34 3� 3E 3i 3E 3S 4C 41 4� 4 4� 4` 4( 4" 4E 4( 5( 5- 51 5' 5� 5` 51 5' 5f 5� 6( 6: 6: 6: 6, 6! 61 Lots 21, 22, 23 less the West 17 feet thereof; together with Lot 20 less the East 55 feet thereof, Block 4, Lake Addition to Boynton, according to the plat thereof as recorded in Plat Book 11, Page 71 of the Public Records of Palm Beach County, Florida. Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this day of , 2018. SECOND, FINAL READING and PASSAGE this day of , 2018. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (City Seal) S:1CA\Ordinances\Planning\Rezoning\Neelam - Rezone - Ordinance.doc VOTE Page 743 of 8Q8 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-071 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: December 13, 2017 PROJECTS: Neelam Business Center REZN 18-004 REQUEST: Approve Neelam (fka Schnars) Business Center Rezoning (REZN 18-004) from MU -L (Mixed Use Low District) to MU -1 (Mixed Use 1 District) to complete implementation of the CRA Community Redevelopment Plan's recommendation for the subject 0.52 acre property. Applicant: City -initiated. PROJECT DESCRIPTION Property Owner: AA LLC Applicant: City -initiated Location: 924 North Federal Highway (Exhibit "A") Existing Land Use/ Zoning: Mixed Use Low (MXL)/ MU -L (Mixed Use Low District) Proposed Land Use/ Zoning: Mixed Use Low (MXL)/ MU -1 (Mixed Use 1 District) Acreage: Adjacent Uses: +/- 0.52 acres North: N. E. 91" Avenue right-of-way, and farther north, Boynton Beach F.O.E. #3944 lodge building, classified General Commercial (GC) and zoned C- 4, General Commercial; Page 744 of 808 Page 2 Neelam Business Center REZN 18-004 South: Developedd commercial property (an auto repair business), classified General Commercial (GC) and zoned C-4, General Commercial; to the southeast, vacant parcel, classified Single -Family Residential (SFR) and zoned R -1-A, Single -Family Residential; East: Developed single-family homes, classified Single -Family Residential (SFR) and zoned R -1-A, Single -Family Residential; and West: North Federal Highway right-of-way, and farther west, developed commercial retail property, classified General Commercial (GC) and zoned C-4, General Commercial. BACKGROUND AND PROCESS The subject property, provisionally referred to as Neelam Business Center, consists of 2 (two) parcels in the Federal Highway District North as designated by the 2016 CRA Community Redevelopment Plan (the CRA Plan). The property was approved for an office/retail project in 2005; the site plan has since expired and the site is currently vacant. The subject request is city -initiated and consistent with the procedural provisions of the Land Development Regulations (LDRs). Since 2015, the LDRs have allowed the City to proactively initiate and process future land use reclassification and rezoning to planned zoning districts for selected sites—if recommended by a significant planning document(s)—without a concurrent review of a master plan. This request meets the latter condition as it will implement a recommendation of the CRA Plan. It explicitly meets criterion "b"—consistency with redevelopment plans—of the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the LDR, Chapter 2, Article II. Meeting criterion "b" is the minimum requirement for city - initiated applications. Lastly, the request represents the continuation of "house cleaning" tasks following major changes to the City's future land use/zoning structure as part of the implementation of the CRA Plan. Another, similar city -initiated application—seeking rezoning of properties for consistency with the said new structure and with the site-specific recommendations of the CRA Plan—is being processed concurrently. EXPLANATION This request, if approved, would constitute the final action to bringing the subject properties in line with the recommendations of the CRA Community Redevelopment Plan (the CRA Plan). The previous actions executing said recommendations and affecting the properties Page 745 of 808 Page 3 Neelam Business Center REZN 18-004 included: • The July 18, 2017 adoption of the Comprehensive Plan text/ Future Land Use (FLU) map amendment package which implemented the modified FLU structure recommended by the CRA Plan. The package included the FLU amendment reclassifying the subject property from its previous Mixed Use category, which the Plan eliminated, to Mixed Use Low (MXL), per the area -specific FLU recommendations of the CRA Plan. • The subsequent adoption, on September 19, 2017, of amendments to the Land Development Regulations (LDRs), codifying the new structure of the FLU categories and implementing the corresponding changes to zoning designations as recommended by the CRA Plan. The changes included reconfiguration of the FLU classification/zoning district scheme, establishment of new districts, redefining the maximum densities of some districts and minor changes to district titles for consistency within the system. The property's MXL future land use category allows for a maximum density of 20 dwelling units/acre and has only one corresponding zoning designation, MU -1. Therefore, MU -1 is the only designation that is consistent with the recommendation of the CRA Plan. Note that Mixed Use Low, the property's current zoning designation, permits a significantly higher maximum density of 40 du/acre. However, this designation has effectively been defunct since the 2004 code amendments. CONCLUSION/RECOMMENDATION As indicated herein, the proposed rezoning finalizes the implementation of the recommendation of the CRA Community redevelopment Plan for the subject property. Therefore, staff recommends that the subject request be approved. S:\Planning\SHARED\WP\PROJECTS\CRA Plan_Rezonings_HouseCleaning\Neelam Business Center 18-004\REZN 18-004 Neelam Business Center Staff Report.doc Page 746 of 808 Exhibit A LOCATION MAP N 051020 40 j 4f of Exhibit B LOCATION MAP (REZONING 18-004) LEGEND RIA Single Family, 6 du/ac C4 General Commercial 0 MU -1 Mixed Use 1, 20 du/ac 10.A. CITY MANAGER'S REPORT 2/20/2018 REQUESTED ACTION BY COMMISSION: Staff is requesting the City Commission schedule a Special Meeting on Tuesday, March 13, 2018 at 4:00 pm to discuss Town Square. Staff will present the final project budget/costs/schedule, etc. and anticipates having contract documents ready for the City Commission's review and approval. The Special Meeting will take place in the Library Program Room. 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 749 of 808 WIM CITY MANAGER'S REPORT 2/20/2018 REQUESTED ACTION BY COMMISSION: Discuss Habitat for Humanity proposal regarding the development of a portion of the Galaxy Scrub area for the construction of 22 new homes. EXPLANATION OF REQUEST: The City Commission has received a request from Habitat For Humanity to redevelop the Galaxy Scrub with 22 single family homes. This 5.8 acre parcel was deeded to the City by the Palm Beach County School District in 2012 as part of a larger land transfer program that supported construction of the new Galaxy Elementary School. The land parcel is deed restricted for public park use by the City according to the following language: As a r aterial irnducen lent to Grantor to convey, the Property to Grantee and as part of the consideration for this conveyance, Grantor Thereby imposes a restrictive! covenant on the Property that it be ilu'sed only for public park purposes and Grantee, for it ellf and its successors and assigns, covenants and agrees to abide by such restricc ive covenant and not to permit the Property to t)ee used for any purpose contrary to or inconsistent with the Ipermiitted use. Grantee accepts this conveyance subject to such restrictive covenant and acknowledges, that it runs witth the title to the Property. The Warranty Deed for this land parcel further states: "The foregoing restrictive covenant and reversionary rights may only be amended, released or terminated by recording an appropriate document amending, waiving or terminating such restrictive covenant and reversionary rights, executed by the Grantor or its successors in interest." Essentially, for the City to cause any use other than public park purposes on this land parcel, the School Board of Palm Beach County (Grantor) must waive the restrictive covenant deed restriction. Only then can the City consider any other use for this 5.8 acre land parcel. Staff has conducted numerous inquiries with School District staff. On each occasion, School Staff have made it very clear that the District has no intent to waive the restrictive covenant deed restriction. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: Page 750 of 808 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type i:::::.xhilbit r Description Papa (':::)alb)(yIi E� 'Ed Page 751 of 808 Location Address Municipality BOYNTON BEACH Parcel Control Number 08-43-45-21-00-000-7060 Subdivision Official Records Book 25156 Page549 Sale Date APR -2012 21-45-43, NLY 718.74 FT OF ELY 362.63 FT OF W 3/4 OF D scrilrti�an SW 1/4 OF SW 1/4 Mailing address Owners PO BOX 310 BOYNTON BEACH CITY OF - --- BOYNTON BEACH FL 33425 0310 Sales Date Price OR Book/Page Salk "Type Owner APR -2012 $10 25156 / 00549 WARRANTY DEED BOYNTON BEACH CITY OF Exemption Applicant/Owner Year Retail BOYNTON BEACH CITY OF 2017 FULL MUNICIPAL GOVERNMENT Number ofUnits *Total Square Feet 0 Acres 5.8419 8900- PU - Public Usage (08-BOYNTON Use Code MUNICIPAL Zoe BEACH) Tax Year 2017 2016 2015 Inprovernerit Value $0 $0 $0 Land Value $1,460,475 $763,413 $706,793 Total Market Value $1,460,475 $763,413 $706,793 All valves are as of January 1 st each year Tax Year 2017 2016 2015 Assessed Value $839,754 $763,413 $706,793 ExemptionAtmunt $839,754 $763,413 $706,793 Taxable Value $0 $0 $0 Tax Year 2017 2016 2015 Ad Valorem $0 $0 $0 Non Ad Valorem $0 $0 $0 Total tax $0 $0 $0 Page 752 of 808 This instrument prepared by: B 'r Little')ohn, Esq. of Board of Palm Beach County, Florida 1 rest Hill Blvd. C-302 alm Beach, FL 33406 O R To: Office of the City Clerk c City of Boynton Beach P. 0. Boz 310 PCNs: Boynton Beach, Florida 33424 V, This SCIAL 20 %, by the Sc the constitution o h Beach, Florida, a I Beach, FL, 33425-031 loll 11111111111�I��I��INI�I CFN 2012 0159997 OR BK 25156 PG 0549 RECORDED 04/23/2012 17:49:34 Pal■ Beach County, Florida ANT 10.00 Doc Stamp 0.70 Sharon R. Bock,CLERK b CCNPTROLLER Pgs 0549 - 552; (4pgs) )ace Reserved for Clerk of Court WARRANTY DEED, is made and given this A F-11'day of Board of Palm Beach County, Florida, a corporate body politic pursuant to State of Florida (the "Grantor"), to and in favor of the City of Boynton a municipal corporation, whose address is P.O. Box 310, Boynton e "City"). GRANTOR, for ari ,consideration of Ten and No/100 ($10.00) Dollars and other good and valuable considerati M-�Wgained by City, the receipt and sufficiency of which are hereby acknowledged, has grante and sold, and by these presents does hereby grant, bargain and sell, to City, and heirs, successors and assigns forever, the following property situate, lying and being in Palm County, Florida (the "Property"), to -wit: SEE EXHIBIT "A" ATT, AND MADE A PART HEREOF THIS CONVEYANCE is subj ci o: (a) taxes and assessments for the year 20_ and subsequent years not yet due or(b) all laws, ordinances, regulations, restrictions, prohibitions and other requirements i wed by governmental authority, including, but not limited to, all applicable building, , land use and environmental ordinances and regulations; (c) easements, conditions, restrictions, matters, limitations and reservations of record, if any, but this reference shall not operate to reimpose any of the same; and (d) matters which would be disclosed by an accurate survey of the Property. Pursuant to Section 270.11, Florida Statutes, the Grantor has elected not to reserve any phosphate, minerals, metals or petroleum interests in the subject property. As a material inducement to Grantor to convey the Property to Grantee and as part of the consideration for this conveyance, Grantor hereby imposes a restrictive covenant on the Property that it be used only for public park purposes and Grantee, for itself and its successors and assigns, covenants and agrees to abide by such restrictive covenant and not to permit the Property to be used for any purpose contrary to or inconsistent with the permitted use. Grantee accepts this conveyance subject to such restrictive covenant and acknowledges that it runs with the title to the Property. It is the intent of the parties that the restrictive covenant and reversionary rights set forth herein shall not be subject to the limitations set forth in §689.18(4), F.S. as this deed constitutes a conveyance to a governmental entity under the provisions of §689.18(5), F.S. The foregoing restrictive covenant and reversionary rights may only be amended,CrilQb6d or, tbrlmi l�iated by Book25156/Page549 I{ J ii t : sir i0 %.i l.. Page 1 of 4 Page 753 of 808 recording an appropriate document amending, waiving or terminating such restrictive covenant and reversionary rights, executed by the Grantor or its successors in interest. TO HAVE AND TO HOLD unto the City and the City's successors and assigns in fee forever, PROVIDED, however, that should the Property not be used for a public park ur a for a period of twelve (12) consecutive months, then in addition to all other rights and re eS available to Grantor at law and/or in equity, the Grantor has the right, but not the obli , to require Grantee, upon delivery of written notice to Grantee, to, within thirty (30) days, nvey back the Property to Grantor free and clear of all liens, encumbrances and other matter title, other than those matters already encumbering the Property on the date this deed is ded and free and clear of all environmental conditions in violation of any applicable environment laws. This reverter right is created pursuant to that certain Interlocal Agreement between T hool Board of Palm Beach County, Florida and The City of Boynton Beach For The Develop and Mutual Use of The Preservation Property dated GRANT ®R ereby warrants the title to the Property, subject to the foregoing matters, and will defend t me against the lawful claims of all persons claiming by, through or under Grantor and no of rs. IN WITNESS above written. ATTEST: By: E. Wavney , Grantor has signed these presents the day and year first 0 dent APPROVLO AS T FORM AND LEGAL SUFI IENCY By ' - 3 I% Schoo Board Attorney STATE OF FLORIDA ) ) SS: COUNTY OF PALM BEACH ) GRANTOR: THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, a corporate body politic Frank A. Barbieri, Jr., Esq., Chairm r HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Frank A. Barbieri, Jr., Esq., and E. Wayne Gent, as the Chairman and Superintendent, respectively, of The School Board of Palm Beach County, Florida, a corporate body politic, freely and voluntarily on behalf of said corporate body politic. They are personally known to me. WITNESS my hand and official seal in the County and State last aforesaid this qday of pr'i , 20.1 5g:_. Gp�MISS/o,� •.•�y ; Notary Public My Commission Expires:Gu T2Y12Qr-i Print Name Book25156/Page550 Page 2 of 4 Page 754 of 808 exnlDlt "A" LEGAL DESCRIPTION: A PORTION OF THE OF THE SOUTHWEST ONE—QUARTER (S.W. 1/4) OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LYING EAST OF THE EAST RIGHT—OF—WAY LINE OF INTERSTATE 95, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 21; THENCE ON AN ASSUMED BEARING OF NORTH 89'46'29" EAST ALONG THE SOUTH LINE OF SAID SECTION 21 A DISTAN OF 992.72 FEET TO AN INTERSECTION WITH THE SOUTHERLY EXTENSION OF THE WEST E OF RIDGEWOOD MANOR, ACCORDING TO THE PLAT THEREOF AS RECORDE T BOOK 24, ON PAGE 175, OF THE PUBLIC RECORDS OF PALM BEACH CO RIDA; SAID WEST LINE ALSO BEING THE EAST LINE OF THE WEST THREE—QU (W. 3/4) OF THE SOUTHWEST ONE—QUARTER (S.W. 1/4) OF THE SOUTHWEST — R (S.W. 1/4) OF SAID SECTION 21; THENCE. DEPARTING SAID SOUTH UNE, 01'57'31' WEST AND ALONG SAID EAST AND WEST LINE A DISTANCE OF 1 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID EAST AND WEST UNE TH 88'02'40" WEST, A DISTANCE OF 362.43 FEET TO A POINT ON THE EAST er1y ACCESS RIGHT—OF—WAY LINE OF STATE ROAD 9 (INTERSTATE 95) AS SHOWN ON IGHT—OF—WAY MAP 3—A, SECTION 93220-2412, DATED MAY 5TH, 1970; THENCE 01'57'31" WEST ALONG SAID RIGHT—OF—WAY UNE, A DISTANCE OF 718.74AN INTERSECTION WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF SA EWOOD MANOR, SAID NORTH LINE ALSO BEING THE NORTH LINE OF THE SO REE—QUARTER (3/4) OF THE WEST ONE—HALF (1/2) OF THE SOUTHWEST ONE— R (1/4) OF SAID SECTION 21; THENCE NORTH 89'53'59" EAST ALONG SAID ORTH LINE, 362.63 FEET TO 1I4E NORTHWEST CORNER OF SAID RIDGEWOOD MANOR P THENCE SOUTH 01'57'31" EAST ALONG THE WEST LINE OF SAID PLAT ALSO BEIN EAST UNE OF THE WEST THREE—QUARTER (3/4) OF THE SOUTHWEST ONE—QUA R W. 1/4) OF THE SOUTHWEST ONE—QUARTER (S.W. 1/4) OF SAID SECTION 21, ANCE OF 707.00 FEET TO THE POINT OF BEGINNING. /1 CONTAINING 258,366 SQUARE FEET (5.w ES MORE OR LESS, SAID LANDS SITUATE, LYING AND BEING IN THE CWON BEACH, PALM BEACH COUNTY, FLORIDA — SURVEY NOTES: O 1. THE LEGAL DESCRIPTION SHOWN HEREON EARED BY THE SURVEYOR. 2. KEITH AND ASSOCIATES, INC. CERTIFICATE OF RATION NUMBER IS LB.#6860. 3. THIS SKETCH IS NOT VALID WITHOUT THE SIG RE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 4. IT IS A VIOLATION OF RULE 5J-17 OF THE FLOA MINISTRATIVE CODE TO ALTER THIS SKETCH AND DESCRIPTION WITHOUT THE EXPRESSED PRIOR WRONSENT OF THE SURVEYOR. ADDITIONS AND DELETIONS MADE TO THE FACE OF THIS SKETCH CRIPTION WILL MAKE THIS DOCUMENT INVALID. 5. THIS SKETCH IS NOT A BOUNDARY SURVEY. 6. BEARINGS SHOWN HEREON ARE AN ASSUMED BEARI ORTH 89'46'29" EAST ALONG THE SOUTH UNE OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 A 7. LANDS SHOWN HEREON WERE ABSTRACTED FOR RIG Y, EASEMENTS, OWNERSHIP, AND OTHER INSTRUMENTS OF RECORD PER SOUTHEAST GUARANTY & TITLE, INC. SEARCH NO. 2904012 CERTIFIED THROUGH APRIL 5TH, 2009 O 8:00 A.M. CERTIFICATION: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THE INFORMATION AS WRITTEN UNDER MY DIRECTION ON JANUARY 13, 2010 MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE QUALIFICATIONS NOTED HEREON. LOCATION MAP NOT TO SCALE KEITH & ASSOCIATES. INC. CONSULTING EN EERS M HA L 201 /& 6� PROFESSIONAL SURVEYOR AND ' PER REGISTRATION No. 5660 STATE OF FLORIDA Book25156/Page551 Page 3 of 4 Page 755 of 808 WESTERLY EXTENTION OF THE NORTH UNE OF RIDGEWOOD MANORS AND NORTH UNE W X S 34, W t S.W. Y4, SEC 21-45-43 NORTHWEST CORNER OF RIDGEWOOD MANORS P.B. 24, PG. 175, p.,. P.B.C.R. NERRYN/LLS P.B. d, PG. SB, P.B. C. R. I.I.I =N.W. 8TH AVE. Stil.ti3 I s O m0 a s �J �N Z /J v c�=A c j m s O� v % a� u m =Z= r < 01 a � / 0 mrno / /0' v, a� : Umc� x. s ;. CA S88ro2'40-W �-- �— SCALE: 1"=300'362.43' o� P.O.B. rn I y ZI H m 0 Aim I • 0 0 -am md 74 00 LEGEND: O� Z °D " Nr ACREAGE r�o BLVD. BOULEVARD in F.D.O.T. FLORIDA DEPARTMENT �C g OF TRANSPORTATION Q mrZ,�N.W.44TH AVE LB LICENSED BUSINESS N�m O.R.B. OFFICIAL RECORDS BOOK oA�35 8226RP.B. PLAT BOOK c� mP.B.C.R. PALM BEACH COUNTY RECORDS mMG. 1037, PG. PAGE NJiP.B.C.R. P.O.B. POINT OF BEGINNINGCREAGE P.O.C. POINT OF COMMENCEMENT R/W RIGHT-OF-WAY SEC. SECTION P.O.C. ; p S.R. STATE ROAD S.W. CORNER N m U.E. UTILITY EASEMENT SEC 21-45-43 le CENTERLINE CA w+� SECTION CORNER 20 21 — 29 28 N89'46'29"E 992.72' (BEARING BASIS) — SOUTH LINE SEC 21-45-43 ORIGINAL CENTERLINE S.R. 804 BOYNTON BEACH BLVD. (R/W PER F.D.O.T. SECTION 93220-2412 SHEET 3A OF 17) SKETCH & DESCRIPTION CONSERVATION LAND A PORTION OF THE SOUTHWEST 1 /4, OF SECTION 21, TOWNSHIP 45 SOUTH, RANGE 43 EAST CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA T-r-Z-�IT�3 _Z consulting engineers JOl EAST A7IANAC BOULEVARD POMPANO BEACH, FLGYP/DA MXO-664J (954) 788-3400 FAX (954) 788-3500 16MNL• mo#Meith–ossoc%tescom LB NO. 6860 DAY£ 1�13�10 SCALE AS SHOWN Fl£LD BK.N DWNG. BY S.M. CHK. BY M.M.M. DAT R£VIS/ONS 3/5/12 UPDATED CERT. SHEET 2 OF 2 DRAWING NO. 07554.01 Page 756 of 808 Book25156/Page552 Page 4 of 4 11.A. UNFINISHED BUSINESS 2/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-033 -Approve the Pilot Agreement for Automatic License Plate Recognition System Solution Services with American Traffic Solutions, Inc. (ATS) and authorize the Mayor to sign the agreement. EXPLANATION OF REQUEST: At its December 19, 2017, meeting, the City Commission approved Resolution R17 -130, to authorize the Mayor to execute a Pilot Agreement with the City's red light camera provider, American Traffic Solutions, Inc. (ATS) for Automated License Plate Recognition (ALPR). ATS has advised that the City needs to contract directly with the software provider, Cintel, LLC, for the software for the ALPR system which will be incorporated into the City's Pilot Agreement with ATS. As a result, it is necessary for the City Commission to once again approve the Pilot Agreement, but this time with the agreement with Cintel attached and incorporated herein. ALPR systems ALPR systems function to automatically capture an image of the vehicle's license plate, transform that image into alphanumeric characters using optical character recognition or similar software, compare the plate number acquired to one or more databases of vehicles of interest to law enforcement and other agencies, and to alert the officer when a vehicle of interest has been observed. The automated capture, analysis, and comparison of vehicle license plates typically occurs within seconds, alerting the officer almost immediately when a wanted plate is observed. The deployment of the mobile ALPRs will support the Police Department's Intelligence Led Policing model of investigations and promotion of traffic safety through an enhancement made possible by the existing red light camera infrastructure. ATS will provide 23 ALPR cameras at various locations within the City as agreed upon by the City. Cintel is the software provider for the ALPR system. The pilot program will run at no additional charge to the City for the duration of the City's red light camera contract with ATS, which expires in May 14, 2021. However, should the City terminate this agreement prior to May 14, 2021, the City will be obligated to pay a $10,000 early termination fee to ATS. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Intelligence -led policing can be defined as a policing philosophy that allows police departments to utilize data and Information in order better evaluate crime trends and issues, thus allowing decision makers to efficiently and effectively allocate resources and develop crime fighting strategies. The process of deriving intelligence involves collecting critical information related to targeted criminality and disseminating this intelligence to patrol officers and Investigators to aid in the apprehension of offenders and the prevention of crime. To that end, one strategy BBPD is deploying involves enhancing the ALPR deployment throughout the city in support of the department's overall Intelligence Led Policing model. Page 757 of 808 FISCAL IMPACT: Non -budgeted ALTERNATIVES: Not approve the item. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: American Traffic Solutions, Inc. and Cintel, LLC. START DATE: END DATE: CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D RE)S()�� LA ti 0 111 D Ag ir'E�'E) rTIE) 111 t Description lRE)SOkAtioin appiroviingFlilot Agir'EsE)irT1E)1['1t for AIl....JR[R �F'�ill(�)tAgir'EsEsirTIEsll'It for I JCENIISE) IRIa tE) If EsadE)r Wth AT Page 758 of 808 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. R18 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, REPLACING RESOLUTION R17-130 AND APPROVING A PILOT AGREEMENT FOR AUTOMATED LICENSE PLATE RECOGNITION SOLUTION SERVICES WITH AMERICAN TRAFFIC SOLUTIONS, INC AND AUTHORIZING THE MAYOR TO SIGN; AND PROVIDING AN EFFECTIVE. WHEREAS, at its December 19, 2017, meeting, the City Commission adopted 13 Resolution R17-130 which authorized the Mayor to sign a Pilot Agreement for Automated 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 License Plate Recognition Solution Services with American Traffic Solutions, Inc. (hereinafter "ATS"); and WHEREAS, the Pilot Agreement requires additional approval since ATS requires that the City enter into an agreement with Cintel, LLC., for the software services for the Automated License Plate Recognition system for which the City is contracting with ATS; and WHEREAS, staff has recommended that the City Commission approve and authorize the Mayor to sign the attached Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby authorizes and directs the Mayor to sign the Pilot Agreement for Automated License Plate Recognition Solution Services with American Traffic Solutions, Inc, a copy of which is attached hereto and made a part hereof as Exhibit "A". Resolution R17-130 is replaced by this C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\C7EB3845-1AED-48A3-9A99-ADCBODECD590\Boynton Beach. 9004.Lrevised_ Agreement_ with ATS for _License_Plate_ recognition_Services_-_Reso.doc Page 759 of 808 30 3� Resolution. 33 34 Section 3. This Resolution shall become effective immediately upon passage. 35 36 PASSED AND ADOPTED this day of , 2018. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (City Seal) VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\C7EB3845-lAED-48A3-9A99-ADCBODECD590\Boynton Beach. 9004.Lrevised_ Agreement_ with ATS for _License_Plate_ recognition_Services_-_Reso.doc Page 760 of 808 PILOT AGREEMENT FOR AUTOMATED LICENSE PLATE RECOGNITION SOLUTION SERVICES This Pilot Agreement for Automated License Plate Recognition Solution Services ("Pilot Agreement") is made by and between American Traffic Solutions, Inc. ("ATS"), with its principal place of business at 1150 N. Alma School Road, Mesa, AZ 85201, the City of Boynton Beach, Florida ("Customer"), a municipal corporation of the State of Florida (with ATS and Customer each a "Party" and cumulatively, the "Parties"). This Pilot Agreement sets forth the terms, conditions and obligations of the Parties, and is effective as of the last signature date hereto (the "Effective Date"). Recitals WHEREAS, Customer and ATS entered into a Professional Services Agreement dated August 9, 2009 and such agreement has been amended from time to time (the "Photo Enforcement Agreement"), which currently has a term that expires May 14, 2021; WHEREAS, Customer has indicated a desire to obtain certain Automated License Plate Recognition ("ALPR") services and use of equipment as described herein as the "ALPR Solution"; and WHEREAS, Customer and ATS have agreed to commence a pilot program whereby ATS will subcontract to Cintel, LLC ("Cintel") for delivering the ALPR Solution pursuant to the terms and conditions contained herein (the "Pilot Program"); NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: Terms Term and Termination of the Agreement This Pilot Agreement shall commence on the Effective Date and shall terminate on the earlier of (a) May 14, 2021; (b) any earlier termination or suspension of the Photo Enforcement Agreement; (c) termination of the EULA, as defined below; or (d) by mutual written consent of the Parties (the "Pilot Term"). In the event of a termination under subsection (b) or subsection (c) where the termination of the EULA resulted from a material breach of the EULA by Customer, Customer agrees to pay ATS an early termination fee of $10,000.00 (ten thousand dollars), which right ATS may assign directly to Cintel (and Customer hereby consents to such assignment). Notwithstanding the foregoing, if ATS informs Customer that Cintel is not able to provide the ALPR Solution (as defined herein) required for this Pilot Agreement under terms acceptable to ATS, this Pilot Agreement will terminate immediately at no cost to either Party and the Parties agree to negotiate in good faith a new Pilot Agreement, if so desired by the Parties. Upon the termination of this Pilot Agreement, ATS and Cintel shall have no further obligations to Customer regarding the ALPR Solution, and ATS (or its designated subcontractor) may uninstall and/or retrieve all ALPR Equipment from Customer. However, Customer may negotiate directly with Cintel for the continued use of the ALPR Solution and with ATS for the continued use of any ALPR Equipment (as defined herein) installed on ATS infrastructure. 2. Services The ALPR Solution consists of ALPR surveillance cameras and related processors, communications devices that transfer the captured and processed data (the "ALPR Data") to a server that is maintained on the Customer's premises, back -end software (Clarity TM) that facilitates the retrieval, processing and use of the ALPR Data with other databases maintained or utilized by the Customer, including ALPR capture data, white -lists, hotlists, data sharing alerts and investigative capability (which, along with the ALPR Data, constitutes Customer Data). As more fully set forth in Section 3, the ALPR Solution includes installation of the camera(s) and processor on Page 761 of 808 infrastructure, power and communication commissioning (as applicable), repair and replacement of equipment (as applicable), technical support, training, and related services. 3. ATS' Responsibilities ATS has the following responsibilities (some or all of which may be carried out by its subcontractor Cintel): 3.1 Provide Customer with up to 23 ALPR fixed and mobile surveillance cameras (minimum of 2 per site) and required processors ("ALPR Camera"), associated ALPR hardware, a server to operate and/or store the ALPR Data on the Customer's site (if requested by Customer) and use of CLARITYTM software (herein together the "ALPR Solution"), provided Customer executes and complies with the End User Licensing Agreement (the "EULA") with Cintel, which shall be incorporated into this Agreement as Exhibit 1. All ALPR hardware shall be referred to collectively as "ALPR Equipment". 3.2 Within 90 days after a permit is obtained, or if no permit is required, within 120 days of the date the Customer provides ATS a Notice to Proceed as indicated in Exhibit 2 of this Agreement, provide and, if required, install the ALPR Cameras at locations mutually agreed to by the Customer and ATS. Installation may occur on existing permitted ATS infrastructure in the City, or on non -ATS infrastructure (provided all required permits are obtained by the Customer and Customer pays for construction costs, if applicable). If installation is not performed on existing ATS infrastructure, Customer may use preexisting Customer infrastructure or may contract with ATS (or its subcontractor) for the construction and installation of new infrastructure. Any new infrastructure constructed or non -ATS infrastructure shall be the sole property and responsibility of the City. 3.3 Assist the Customer with obtaining any permits required for the installation and use of the ALPR Solution. 3.4 For ALPR Cameras installed on existing ATS infrastructure, ATS shall use preexisting power sources to operate the ALPR Camera (for ALPR Cameras on all non -ATS infrastructure, the City shall be responsible for providing power). For all installed ALPR Cameras, ATS shall provide the communications hardware and communications service (if required), provided that ATS shall not provide communications services on any non -ATS Infrastructure to any non- ALPR Equipment (for example, if other City devices that share the infrastructure also require communications services). ATS shall determine the method of communication services required for the operation of the ALPR Equipment. 3.5 Provide training and post -installation support as set forth in Exhibit 3. 3.6 No Customer Data is or shall be hosted, stored, accessed or available to ATS (other than with respect to Cintel, who shall have limited access in accordance with the terms of the EULA as may be required for maintenance and upgrades). 3.7 ATS shall repair and replace all ALPR Equipment as set forth in Exhibit 3, and shall be responsible for Cintel's provision of updates to ALPR software as set forth in the EULA. 3.8 Provide the ALPR Solution to the Customer at no cost during the Pilot Term, except for costs as described in Section 4 below, which are the sole responsibility of Customer. 4. Customer's Responsibilities Customer has the following responsibilities: Page 762 of 808 3.1 Provide feedback to ATS when requested during the first 6 months of the term of this Agreement on the usability and viability of the ALPR Solution provided by ATS to Customer and then once per year thereafter, if requested. Such feedback should not include the sharing of any Customer Data. 3.2 Allow ATS to (i) use Customer as a reference for future potential customers considering the ALPR Solution, and (ii) identify Customer as a current user of the ALPR Solution. 3.3 Customer expressly acknowledges that ATS will not have access to any Customer Data. 3.4 For locations where ATS infrastructure is not available for installation of the ALPR Camera, the Customer shall be responsible for providing the pole, power and any other infrastructure necessary for the installation and operation of the ALPR Camera other than the communications services required to operate the ALPR Equipment, which shall be provided by ATS. ATS or Cintel will install the ALPR Camera and provide necessary communications services once the infrastructure and power is made available by the Customer. 3.5 Customer shall execute and at all times comply with the EULA. 3.6 Customer shall be directly responsible for all costs and liabilities associated with construction, installation, and any ongoing repair and maintenance of any non -ATS infrastructure used for the ALPR Equipment, and the cost of all data hosting, data retrieval or data storage or for any other usage -based or storage based costs other than the cost of the ALPR Solution. 3.7 Customer is responsible for the repair or replacement costs of any ALPR Equipment which is not the responsibility of ATS or Cintel, as set forth on Exhibit 3. 5. ATS as Independent Contractor and Use of Subcontractor For purposes of this Pilot Agreement, ATS is an independent contractor providing services to Customer. Employees, contractors, agents and servants of ATS shall in no event be considered to be the employees, agents, contractors or servants of the Customer. This Pilot Agreement does not create an agency relationship between ATS and Customer. Customer recognizes and approves the use of Cintel as a subcontractor of ATS for the provision of the ALPR Solution and other services, as required, to support the ALPR Solution, and that Cintel is a third -party beneficiary of this Pilot Agreement. 6. Ownership of Results; Use of Data 6.1 Notwithstanding anything else to the contrary in the Photo Enforcement Agreement or this Pilot Agreement, Customer agrees it is solely responsible for the housing and security of the Customer Data, and all such data is the property of the Customer, and ATS may not use the data for any purpose without the express written consent of the Customer and only as permitted by law. 6.2 Nothing in this Section 6. of the Pilot Agreement shall be construed as to replace or conflict with Section 5. "Data Management" of the EULA. 7. Warranty Disclaimer, Indemnification and Liability 7.1 Warranty Disclaimer. The Parties acknowledge that the ALPR Solution and related services are provided by ATS "AS IS" and without warranty of any kind. ATS EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO THE ALPR SOLUTION, EXPRESS OR IMPLIED, Page 763 of 808 INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD -PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 7.2 Indemnification. Subject to the provisions herein, Customer hereby agrees to hold harmless, indemnify, and defend ATS and Cintel and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors, permitted assignees and all persons acting by, through, under or in concert with them (individually an "ATS Party" and "Cintel Party" and collectively, the "ATS Parties" and "Cintel Parties") to the fullest extent then contemplated by the governing and applicable law, as defined herein, against any and all liabilities, obligations, losses, damages, penalties and judgments including attorneys' fees and related defense costs and expenses, (collectively, "Losses") which may be imposed on or incurred by any ATS or Cintel Party arising out of or related to: (a) the willful or negligent misconduct of the Customer, its employees, contractors or agents which result in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except to the extent caused by the negligence or willful misconduct of ATS or Cintel; (b) Customer's misuse of or failure to maintain the security of Customer Data; (c) Customer's breach of this Agreement or violation of any laws; (d) Customer's misuse or misappropriation of Cintel's products or services, (e) any representation by Customer about the Cintel products or services not authorized by Cintel; (f) any breach of this Pilot Agreement by Customer related to Customer's receipt and use of the Customer Data or the EULA. 7.3 Limited Liability. EXCEPT FOR THE LOSSES, NEITHER PARTY SHALL BE LIABLE TO THE OTHER, BY REASON OF ANY REPRESENTATION OR EXPRESS OR IMPLIED WARRANTY, CONDITION OR OTHER TERM OR ANY DUTY AT COMMON OR CIVIL LAW, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, LOST PROFITS OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT. ATS'S ENTIRE LIABILITY TO CUSTOMER UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR MISREPRESENTATION OR BREACH OF STATUTORY DUTY OR ANY DUTY UNDER GENERAL LAW OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED ANY PAYMENT THAT THE CUSTOMER MAKES TO ATS UNDER THIS PILOT AGREEMENT, NOT TO EXCEED THE SUM OF TEN THOUSAND DOLLARS. 8. Confidentiality 8.1 Proprietary Information. Customer acknowledges that, in the course of Pilot Program, it may obtain or have access to information relating to the ALPR Solution or ATS and/or Cintel business ("Proprietary Information"). Such Proprietary Information shall belong solely to ATS and/or Cintel, and includes, but shall not be limited to the following: the ALPR Solution features, software, and modes of operation, and any trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance information and other technical, business, product, marketing and financial information, plans and data. 8.2 Exclusions. Proprietary Information shall exclude any Customer Data (excluding, for the avoidance of doubt, any licensed software or proprietary components of the ALPR Equipment) and any information that is or becomes part of the public domain through no act or failure to act on the part of the Customer or which has been independently developed by Customer (as shown by Customer's written records) without reference to or use of, in whole or in part, any Proprietary Information. If disclosure of the Proprietary Information is required by any court order or similar order to which Customer must comply, Customer shall take precautions to protect the confidentiality of the Proprietary Information to be disclosed and promptly notify Page 764 of 808 ATS in time to allow ATS or Cintel to object to the disclosure and to take additional confidentiality precautions with respect to the Proprietary Information subject to such order. In any dispute between the Parties with respect to the exclusions in this section, the burden of proof shall be on Customer and such proof shall be by clear and convincing evidence. 8.3 Restrictions. Customer shall not use Proprietary Information except as authorized under this Agreement and shall not disclose Proprietary Information, directly or indirectly, to any third party without the express written consent of ATS and/or Cintel, as applicable. All Proprietary Information shall remain the sole property of ATS and/or Cintel. Upon request, the Customer shall promptly return to ATS all items and material in Customer's possession or control which contain any Proprietary Information. Any copies of such items or material shall also be returned. Customer understands and agrees that this Agreement does not protect any information provided to ATS by Customer related to the ALPR Solution or the Pilot Program and ATS shall be free to use or disclose information provided by Customer about or related to the ALPR Solutions or the Pilot Program in the course of their discussions, including any feedback provided to ATS pursuant to Section 4.1. Customer represents and warrants to ATS that Customer's discussions will not breach any third party obligations or restrictions binding on Customer and Customer agrees not to disclose or provide to ATS any third party confidential information. 8.4 Nothing in this Section 8. of the Pilot Agreement shall be construed as to replace or conflict with Section 3. "Confidential Information and Content" of the EULA. 9. Compliance with Laws Customer will comply with all federal, state, and local laws, ordinances, regulations and orders (collectively, "Laws"), including without limitation Criminal Justice Information Services (CJIS) requirements, Florida Department of Law Enforcement requirements, and any Laws relating to data privacy or the use of ALPR with respect to its access to and use of the ALPR Solution, and data captured and produced by the ALPR Solution. 10. State Law to Apply This Pilot Agreement shall be construed under and in accordance with the laws of the State of Florida. 11. Entire Agreement This Pilot Agreement constitutes the sole and only agreement of the Parties and supersedes any prior understanding, written or oral, between the Parties respecting the subject matter of this Pilot Agreement. No amendments, modifications, or alterations of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date of this Pilot Agreement and duly executed by the Parties. 12. Legal Construction In case any one or more of the provisions contained in this Pilot Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Pilot Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. This Pilot Agreement shall be enforced to the maximum extent possible so as to give effect to the intent of the Parties and shall be reformed without further action by the Parties to the extent necessary to make such provision valid and enforceable. [signature page to follow] Page 765 of 808 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date written below on this signature page. CITY OF BOYNTON BEACH Signature: Name/Title: Date: AMERICAN TRAFFIC SOLUTIONS, INC. Signature: Name/Title: Date: Page 766 of 808 EXHIBIT 1 End User License Agreement CLARITY SOFTWARE END USER LICENSE AGREEMENT THIS END USER LICENSE AGREEMENT ("EULA") is made on the date ("Effective Date") by and between Cintel, LLC "(Company"), with offices located at 420 Dividend Drive, Suite B, Peachtree City, GA and the City of Boynton Beach, Florida ("Customer"), a municipal corporation of the State of Florida ("Customer") located at 100 E. Boynton Beach Blvd., PO Box 310, Boynton Beach, FL 33425. WHEREAS, Cintel is a premier license plate recognition ("LPR") technology solutions provider and offers LPR hardware and commercial LPR software products and services; and WHEREAS, Customer entered into a Pilot Agreement for Automated License Plate Recognition Solution Services with American Traffic Solutions, Inc. ("ATS") on or around (the "Pilot Agreement"), pursuant to which Cintel is an authorized subcontractor of ATS to provide certain services described therein; and WHEREAS, in connection with the Pilot Agreement, Customer desires to use certain Cintel developed or distributed software as defined herein; and WHEREAS, Company desires to grant Customer a limited, non-exclusive, non -transferable license to use such software under the terms of the Pilot Agreement and this EULA. NOW THEREFORE, in consideration of the covenants by and between the parties hereto, the parties, intending to be bound, hereby agree as follows: DEFINITIONS: "Content" means: (i) information obtained or developed by Company related to the Service and provided to Customer, including all Products specified and agreed upon pursuant to this EULA; (ii) the Documentation, as defined within this EULA; and (iii) Updates. Content does not include the video footage captured by LPR cameras or the license plate data recovered therefrom. "Customer Data" means any data, information or material provided or submitted by Customer or Users to the Service in the course of using the Service. "Documentation" means, collectively, technical information and materials, in written or electronics form, delivered with the Service by Company to Customer and that are intended for Use in connection with the Service. Delivered" or "Delivery" shall mean the software and service as transmitted by Company to Customer electronically and in accordance with security measures agreed upon by both parties as described in the Specifications. "Content" means: i) information obtained or developed by Company related to the Service and provided to Customer, including all products specified and agreed upon pursuant to this EULA; (ii) the Documentation, as defined within this EULA; and (iii) Updates. "Products" shall mean any Software, code, data, graphics or other materials or resources transmitted to Customer in order to provide any of the Services under this EULA. "Services" shall mean the provision of Software, Updates, Documentation and Products provided by Company to Customer under this EULA and in accordance with the requirements of the Pilot Agreement. Page 767 of 808 "Software" shall mean the Cintel software to be provided by Company (as a subcontractor to ATS) to Customer under the Pilot Agreement. "Source Code" shall mean the readable forms together with make and build files. "Updates" means all upgrades, modified versions, updates, additions to the products and Service, whether provided to the Customer by Company through maintenance and support services or otherwise at any time. "Use" means to directly or indirectly load, execute, access, employ, utilize, store, or display the Service. "User(s)" means Customer employees who are authorized to Use the Service and have been supplied user identifications and passwords by Customer (or by Company at Customer's request). 2. TERMS AND CONDITIONS. 2.1 Term. Customer agrees to a contractual term of service ("Term") in accordance with the Pilot Agreement between ATS and the Customer. The term of this contract will run concurrently with the term (including any renewal terms) set forth in the Pilot Agreement. In the event Customer desires, and the Company agrees, to continue providing Services following the Term (as provided for in Section 1 of the Pilot Agreement), the parties shall enter into a new EULA. 2.2 Limited Use of License. Subject to the terms and conditions of this EULA, Company hereby grants Customer a non-exclusive, non -transferable, worldwide right to use the Software (including the right to download, install and access the Software), solely for Customer's internal business purposes, subject to the terms and conditions of this EULA and the Pilot Agreement. All rights not expressly granted to Customer are reserved by Company and its licensors. Under this EULA, Customer shall not be granted any rights or license to the Software beyond that which is specifically and expressly provided for herein. Customer acknowledges that it is granted access to the Software only through the Pilot Agreement and this EULA. Customer further acknowledges that at no time shall it be entitled to download, distribute, install, transfer, reverse engineer, redistribute, or otherwise manipulate the Software in any form or manner not explicitly authorized or covered by this EULA. At no time will Customer hold title to or ownership of any of product, service, documentation, data (excluding Customer Data) or the Products, Software, Services, Documentation, or Source Code provided to Customer pursuant to this EULA. 2.3 Acknowledgement. Customer acknowledges that the Service and Software, including its structure, organization and Source Code, constitute valuable trade secrets of Company and/or its Iicensor(s). Accordingly, Customer agrees, subject to and so long as not contrary to Client duties and obligations under public record laws: (a) Not to modify, adapt, alter, translate, or create derivative works from the Software or Service (except as expressly permitted by the Documentation); (b) Other than as specified herein, neither the Software nor any tools licensed with or included in the Service may be copied, in whole or in part, without the express written consent of Company. (c) Not to merge the Software with other services or software; or sublicense, lease, rent, loan, or otherwise transfer the Software or the Service to any third party; (d) To not reverse engineer, decompile, disassemble, decode, decompose or otherwise attempt to derive the Source Code for the Software or any other Company program, code, or technology installed or Delivered to Customer; (e) Not to provide services to third parties using the Software or Service (e.g. business process outsourcing, Service Bureau applications or third party training) or otherwise Use or copy the Service for third parties; (f) To notify Company immediately of any unauthorized Use of any password or account or any other known or suspected breach of security or unauthorized use of the Software or Services; (g) To report to Company immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is not expressly authorized by Company and that is known or suspected by Customer or Customer's Users; (h) To not remove, alter, or obscure any proprietary notices (including copyright notices) of Company and/or its licensors incorporated into or with the Service; and Page 768 of 808 (i) Not provide false identity information to gain access to or Use the Service. 2.4 Restrictions. Customer shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available the Services to any third party in any way; or (ii) "frame" or "mirror" any Content on any other server or wireless or Internet -based device; or (iii) reverse engineer or access the Service in order to: (a) build a competitive product or service; (b) build a product using similar ideas, features, functions or graphics of the Service; or (c) copy any ideas, features, functions or graphics of the Service. Customer understands that this EULA and access to the Service immediately terminates and ends when one of the following events takes place: (i) Customer or its payee (ATS) fails to make a subscription payment; (ii) Customer's Use of the Service violates Section 2.2; (iii) Customer's material breach of this Agreement; (iv) Customer's violation, or threatened, or apparent/intended, violation of law; or (v) This EULA terminates pursuant to Section 6. 2.5 Software/Service Customization. Customer acknowledges that Products and Services are provided "as is" and "as delivered" and cannot be construed as being able to be customized or modified in any way. Customer assumes all responsibility to review all features included prior to signing this EULA. 2.6 Software/Service Support. All support for the Products and Services shall be provided pursuant to the terms of the Pilot Agreement. The Customer will provide Company with access to the its database or server (including backup databases) on which the Software is utilized for service support from time to time in accordance with any applicable laws or compliance standards, or as may be necessary for Company to provide service or maintenance to any Company provided hardware to the extent required by the Pilot Agreement. 3. CONFIDENTIAL INFORMATION AND CONTENT 3.1 Confidential Information. During the term of this EULA, each party (the "Receiving Party") may be provided with or otherwise learn confidential and/or proprietary information of the other party (the "Disclosing Party") that is of substantial value to the Disclosing Party, which is identified as confidential at the time of disclosure or which ought in good faith to be considered confidential ("Confidential Information"). This information shall include, but is not limited to Product and Services information, materials, software, code, or any other materials transmitted to Customer under this EULA. All Confidential Information remains the property of the Disclosing Party. The Receiving Party may disclose the Confidential Information of the Disclosing Party only to its employees and contractors who need to know the Confidential Information for purposes permitted under this EULA and who are bound by written confidentiality agreements with terms at least as restrictive as those provided in this EULA. The Receiving Party will not use the Confidential Information without the Disclosing Party's prior written consent except in performance under the Pilot Agreement and this EULA. The Receiving Party will take measures to maintain the confidentiality of the Confidential Information similar to those measures the Receiving Party uses to maintain the confidentiality of its own confidential information of like importance but in no event less than reasonable measures. The Receiving Party will give immediate notice to the Disclosing Party of any unauthorized use or disclosure of the Confidential Information and agrees to assist the Disclosing Party in remedying such unauthorized use or disclosure. The confidentiality obligations do not extend to Confidential Information which (a) becomes publicly available without the fault of the Receiving Party; (b) is rightfully obtained by the Receiving Party from a third party with the right to transfer such information without obligation of confidentiality; (c) is independently developed by the Receiving Party without reference to or use of the Disclosing Party's Confidential Information; (d) was lawfully in the possession of the Receiving Party at the time of disclosure, without restriction on disclosure; or (e) is not exempt from public record laws. The obligations set forth in this Confidential Information section will be effective from the Effective Date until 3 years from the termination or Page 769 of 808 expiration of this EULA. 3.2 Customer Content. Company does not exercise any control whatsoever regarding the Customer Data, which passes through or utilizes the Company's Software, hardware, network, email or web site. 4. WARRANTIES AND DISCLAIMERS 4.1 Company Representations. Company represents and warrants that: (a) it has title to the Service or has acquired the right to license portions of the Service from third parties and Company has full power and authority to grant to Customer the rights granted hereunder; (b) it has not placed, nor is Company aware of, any disabling code or any viruses in the Service which would alter, destroy, or inhibit the Service, or its Use by Customer; (c) to its knowledge, the Service does not infringe upon any US copyright, registered patent, trademark, software mark or trade name owned by a US third party; (d) Company personnel will exercise due care in the provision of the Services; and (e) neither this EULA nor the performance of or exercise of rights under this EULA will violate, conflict with, or result in the breach of any term, condition, or provision of any agreement or legal obligation (whether or not existing at the effective date) to which Company is a party or by which it may be bound, or constitute a default thereunder. 4.2 Customer Representations. Customer represents, warrants and covenants to Company as follows: (a) Customer exists under the laws of its own jurisdiction and is not under any contractual obligation that would preclude it from entering into this EULA or would interfere with its use of the Customer Data provided under this EULA; (b) Customer owns (or has the legal right to obtain and use) or has properly licensed all rights in the Customer Data at all times during the Term; (c) the Customer Data is not, nor will be, in violation of any laws or third party intellectual property rights; (d) Customer's Use of the Service does and will comply with all applicable laws, including applicable privacy laws; and (e) neither this EULA nor the performance of or exercise of rights under this EULA will violate, conflict with, or result in the breach of any term, condition, or provision of any agreement or legal obligation (whether or not existing at the effective date) to which Customer is a party or by which it may be bound, or constitute a default thereunder. 4.3 THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS SECTION ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY COMPANY WITH RESPECT TO THE SERVICE AND ANY PART THEREOF. COMPANY MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR -FREE, OR THAT ANY ERRORS WILL BE CORRECTED. 4.4 The representations and warranties set forth in the EULA hereto shall not apply: (i) if the Service is not used in accordance with the Documentation or the Pilot Agreement; or (ii) if Customer or a third party acting on behalf of Customer is granted administrative access to the Service; or (iii) if Customer's internal system does not employ industry standard latency levels; or (iv) to the extent that a defect is caused by or is contributed to by Customer or a Customer third party; or (v) if the defect is caused by a third party database or other third party software malfunction. 4.5 The parties expressly acknowledge that there are no intended or incidental third party beneficiaries to this EULA other than ATS. Page 770 of 808 5. DATA MANAGEMENT 5.1 Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Service (specifically excluding all Customer Data) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the Service provided to Company. This EULA is not a sale and does not convey to Customer any rights of ownership in or related to the Service or the intellectual property rights owned by Company. The Company name, logo, and product names associated with the Service are trademarks of Company or third parties, and no right or license is granted to use them. 5.2 Company, in its sole discretion, reserves the right to supply new application Source Code for the Service and all copies thereof in Customer's possession or control whenever a future Update provides for like functionality in an object code format. 5.3 Customer Data Backups. For purposes of a local onsite server database solution, the Customer is responsible for maintaining a backup of Customer Data, and for all security requirements related to the storing, accessing and use of the Customer Data. For purposes of an offsite, cloud -based or hosted database solution, the Company is responsible for maintaining a backup of Customer Data and for an orderly and timely recovery of such data in the event that the use of the Service may be interrupted. Unless otherwise agreed between the parties in writing, Company shall maintain daily backups of all Customer Data that can be recovered within twenty- four (24) hours. Additionally, Company shall use commercially reasonable efforts to maintain the security of Customer Data. 5.4 Loss of Data. In the event of any act, error or omission, negligence, misconduct, or breach that compromises or is suspected to compromise the security, confidentiality, or integrity of Customer Data or the physical, technical, administrative, or organizational safeguards put in place by Company that relate to the protection of the security, confidentiality, or integrity of Customer Data ("Data Breach"), Company shall, as applicable: (a) notify Customer as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; and (b) reasonably cooperate with Customer in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by Customer; (c) perform or take any other actions reasonably required to comply with applicable law as a result of the occurrence; (d), indemnify, defend, and hold harmless Customer for any and all losses which may be suffered by, accrued against, charged to, or recoverable from Customer in connection with the occurrence of a Data Breach that is caused directly and exclusively by Company; (e) use commercially reasonable efforts to be responsible for recreating lost Customer Data in the manner and on the schedule set by Customer without charge to Customer; and, (f) provide to Customer a detailed plan within ten (10) calendar days of the occurrence describing the measures Company will undertake to prevent a future occurrence. 5.5 Access, Use, & Legal Compulsion. Unless it receives Customer's prior written consent, Company: (i) will not access or use Customer Data other than as necessary to facilitate the Service; and (ii) will not give any third party access to Customer Data. Notwithstanding the foregoing, and only to the extent Company has custody or control of any Customer Data, Company may disclose Customer Data as required by applicable law or by proper legal or governmental authority. Company will give Customer prompt notice of any such legal or governmental demand and reasonably cooperate with Customer in any effort to seek a protective order or otherwise to contest such required disclosure, at Customer's expense. The Customer will be responsible for compliance with all applicable local, state, and federal laws governing the security, management, retention, access & control of Customer Data. 5.6 Customer's Rights. Customer possesses and retains all right, title, and interest in and to Customer Data, and Company's access thereto is solely as Customer's agent and is expressly limited as set forth herein. 5.7 Retention, Deletion, & Request for Data. Customer is responsible to make internal backups of all data used by or hosted on any software/service-based server. Upon termination of this EULA, Customer is responsible for retaining all Customer Data and shall permanently remove all such Customer Data from any Company Page 771 of 808 provided hardware or servers that are required to be returned to the Company at the termination of the Pilot Agreement. 6. TERMINATION 6.1 This EULA shall terminate on the earlier of: (a) the expiration of the Term as defined in Section 2.1; (b) upon the mutual agreement of the parties; or (c) e, upon written notice by either party, if the other party materially breaches any term of this EULA and fails to cure such breach within thirty (30) days after receipt by the breaching party of written notice from the non - breaching party describing such breach. 6.2 Upon termination or expiration of this EULA, (a) all use, rights and licenses granted to Customer hereunder will immediately cease and forever terminate; and (b) each party will promptly return the other party's Confidential Information. 6.4 Except as specifically provided herein or in the Pilot Agreement, if either party is entitled under local law or otherwise for any special payment or termination indemnity as a consequence of termination or expiration of this EULA, such party hereby waives and disclaims to the fullest extent permitted by law, any right to such payment or indemnity. 7. LIABILITY 7.1 Liability. Except as set forth in the Pilot Agreement and for the indemnification obligations set forth in this EULA, and/or actions involving or related to either party's gross negligence, neither party shall be liable to the other for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this EULA or its termination, whether for breach of warranty or any obligation arising there from or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether a party has advised or has been advised of the possibility of any such loss or damage. Each party hereby waives any claims that these exclusions deprive it of an adequate remedy. 7.2 Indemnification. Customer agrees to hold harmless, indemnify and defend Company, to the fullest extent then contemplated by the governing and applicable law for any administrative, legal or quasi-judicial action, threatened or realized ("action"), including, but not limited to allegations, claims, judgments, awards, costs, expenses, damages and liabilities of whatsoever kind and nature, including attorneys' fees and related defense costs and expenses, which may be asserted, granted, or imposed against Company directly or indirectly arising from or in connection with Customer's misuse or misappropriation of Company's Products or Services or unauthorized representation of the Products or Service or any breach of this EULA by Customer related to Customer's receipt and use of the Software. 7.3 COMPANY'S ENTIRE LIABILITY TO CUSTOMER UNDER THIS EULA, REGARDLESS OF WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR MISREPRESENTATION OR BREACH OF STATUTORY DUTY OR ANY DUTY UNDER GENERAL LAW OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED THE TOTAL FEES PAID TO COMPANY BY CUSTOMER IN CONNECTION WITH SECTION 1 OF THE PILOT AGREEMENT. 7.4 Company will not be responsible under this EULA for: (i) any alteration of the Service made by Customer to fit a particular requirement of Customer not intended by Company; or (ii) the correction of any defects resulting from Customer modifications; or (iii) the results of misuse of the Service by Customer or its affiliates; or (iv) preparation or conversion of data into the form required for Use with the Service. COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM INHERENTLY DANGEROUS USE OF THE SERVICE, CUSTOMER'S USE OF THE SERVICE IN VIOLATION OF APPLICABLE LAW, AND/OR ANY THIRD -PARTY SERVICE LICENSED HEREUNDER. Page 772 of 808 8. GENERAL PROVISIONS: 8.1 Notices. Any notice to be given hereunder by either party to the other may be effected by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the respective party at the address appearing in the introductory paragraph of this EULA. Notices delivered personally shall be deemed communicated at the time of actual receipt; mailed notices shall be deemed communicated as of the third day following deposit in the United States mail. 8.2 Entire Agreement. This EULA, inclusive of the Pilot Agreement to which this is expressly incorporated therein by reference, contains the entire agreement and understanding between the parties hereto with respect to the subject matter hereof, and supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof. Any modification of this EULA will be effective only if such modification is in writing signed by the party against whom enforcement of such modification is sought. 8.3 Severability. If any provision of this EULA is invalid, illegal or unenforceable under any applicable statute or applicable law, it is to that extent to be deemed omitted. The remainder of the EULA shall be valid and enforceable to the maximum extent possible. 8.4 Governing Law. The laws of the State of Florida shall govern all questions relative to the interpretation, construction, and enforcement of this EULA, without giving effect to the principles of conflict of laws thereof. The parties agree that any relief commenced and deemed necessary in furtherance of the protections afforded within this EULA, including any injunctive relief, shall be instituted in Palm Beach County, Florida and the United States District Court for the Southern District of Florida. 8.5 Assignment. This EULA shall not be assignable or transferable by Customer without the prior written consent of Company. Company reserves the right to assign this EULA to a successor or affiliate in its sole discretion. The rights and obligations of Company under this EULA shall inure to the benefit of and shall be binding upon the successors and assigns of Company. 8.6 Force Majeure. Neither party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, terrorism, epidemics, failure of suppliers to perform, governmental regulations, power failure, earthquake, or other disasters. If the anticipated or actual delay or non-performance exceeds thirty (30) calendar days, the other party may immediately terminate the EULA by giving notice of termination and such termination will be in addition to the other rights and remedies of the terminating party under the EULA, at law or in equity. 8.7 Waiver. The waiver by either party of a breach of any provisions of this EULA by the other party shall not operate or be construed as a waiver of any subsequent breach by such party. 8.8 Compliance with Laws. By accessing the Service, Customer confirms that this EULA and the performance of any rights and obligations hereof: (a) are not restricted by or contrary to any law or regulation applicable to the Customer; (b) do not require registration or approval under the applicable laws governing Customer; and (c) will not require termination payments or compulsory licensing under the applicable laws of Customer. 8.9 Counterparts. This EULA may be executed in counterparts, each of which may be original or electronic and shall together constitute one and the same binding instrument. All parties represent and warrant that, on the date first written above, they are authorized to enter into this EULA in its entirety and duly bind their respective principals by their signatures below: Page 773 of 808 EXECUTED as of the Effective Date: CINTEL, LLC By: Name: Alan J. Farash BOYNTON BEACH, FL By: Name: Title: Chief Executive Officer Title: Page 774 of 808 EXHIBIT 2 FORM OF NOTICE TO PROCEED Reference is made to the Pilot Agreement for Automated License Plate Recognition Solution Services by and between American Traffic Solutions, Inc. ("ATS") and the City of Boynton Beach, Florida ("Customer"), dated as of (the "Agreement"). Capitalized terms used in this Notice to Proceed shall have the meaning given to such term in the Agreement. Customer hereby designates the procurement and deployment or installation of ALPR cameras at the following designated locations. Execution of this Notice to Proceed by Customer shall serve as authorization for the procurement and deployment or installation of the ALPR cameras for all designated locations as follows: 1) 2) 3) 4) 5) Customer understands that implementation and installation of any location is subject to a feasibility of installation analysis, and if necessary, engineering results conducted by ATS and/or its subcontractor Cintel. IN WITNESS WHEREOF, Customer has executed this Notice to Proceed as of the date written below. CITY OF BOYNTON BEACH, FLORIDA By: Name: Date Title: ACKNOWLEDGED AND AGREED TO BY: AMERICAN TRAFFIC SOLUTIONS, INC. By: Elizabeth Caracciolo Date Senior Vice President/General Manager, Government Solutions Page 775 of 808 EXHIBIT 3 Requirement Response Email Support Response 24 hours (within technical telephone help desk operating periods) Technical Telephone Help Desk 08.00 — 16.30 Monday through Friday Note: Eastern Standard Time Response to reported faults 24 hours (within technical telephone help desk (Performance of remote operating periods) diagnostic tests and determination of remedy) On-site support (Inspection, All repairs must be completed within three (3) Service and Repair of ALPR Business Days after fault reported to Cintel. uiment Installation Completion 90 days from time of permit issuance 120 days from PO if no permit required ATS (or its designated subcontractor) shall repair or replace all ALPR Equipment (including components), which may be done with replacement parts, unless such damaged component has been the subject of (a) improper handling or installation and repairs made by unauthorized persons, including the City; (b) misuse, neglect, accident on behalf of the City (or persons acting on its behalf other than a party authorized by ATS or Cintel); or (c) the City's violation of any term of this Agreement or the EULA. Repair and replacement of poles and infrastructure shall be the responsibility of ATS for ATS owned infrastructure, and the City for all non ATS -owned infrastructure. Page 776 of 808 13.A. LEGAL 2/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-034- Consider a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95 for $200. EXPLANATION OF REQUEST: The City has received a request from Brittany Bumgardner (Adjacent Property Owner) to purchase a vacant lot located at the end of SW 24th Avenue adjacent to 1-95 for $200. Parcel I D: #08-43-45-32-01-002-0110 Size: 0.1289 acres PBC Assessed Value: $52,045 The property alone by itself is an unbuildable lot and serves no public purpose. Based on this fact staff contacted PBC Property Appraisers office to verify the assessed value. Per those discussions the property will be reassessed in next valuation cycle. According to PBC staff the City can expect the value to be in the range of $1.73 to $2.86 per square foot which equates to $9,713 to $16,056 dollars. According to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance, the City Commission can sell property, which is determined to be in the best interest of the City: (c) Real property. Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. (d) The foregoing provision for sale of real property do not apply to real property located within the city's community redevelopment area if the property was acquired by the city for the purposes of community redevelopment or if the sale of the property will facilitate redevelopment consistent with the CRA plan; or if the sale of the property will facilitate restoration of a property which the City Commission deems to be historic, even in those cases where historic designation by the State of Florida, Palm Beach County, or pursuant to a federal historic designation program has not occurred or is pending. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact to City programs of services. Page 777 of 808 FISCAL IMPACT: Budgeted The sale of the property will reduce the City's maintenance costs and increase the City's tax base. Lot Mowing: $1,200.00 Misc./Debris Removal: 200.00 Annual Cost $1,400.00 Above calculations include vendor costs and staff time to administer contracts. If land is reassessed at $12,500 and added to the tax rolls the City can expect to receive property taxes of approximately $100 per year based on current millage rate. ALTERNATIVES: 1) Approve the purchase and sale agreement for $200; 2) Approve the purchase and sale agreement for an amount different from the $200 and present to Ms. Bumgardner for her consideration; or 3) Do not approve the purchase agreement and continue to City maintains ownership of the parcel. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type r girEs'E)rTIE)11rl ffaa::lhhirTIE)11rl ffaa::lhhirTIE)11rl ffaa::lhhirTIE)11rl ffaa::lhhirTIE)11rl Description lRE)S allrAtia:air: apIproviir:g :::a:air veya l['K:E) of a Ipa ir:2ll Of a nd to IBirliffair:y Il::: LAirrga irdr':asir f asall IC:::::sta tE)IC. L.Jra::ha SE: , airad SalEa, gir'asasrnasiraf Wrliffasr'r OffE)r C:IIBC PAPA Flra:alPasirly Ilirrforirnaflia:air: I I IB C PAPA IE rna li 11 asiti4I Photo Page 778 of 808 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. R18 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BRITTANY Z. BUMGARDNER TO CONVEY A VACANT PARCEL OF LAND AT THE END OF SW 24TH AVENUE ADJACENT TO I-95; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received a request from Brittany Z. Bumgardner to purchase a vacant lot located at the end of SW 24th Avenue ad acent to I-95; and WHEREAS, the property, by itself is an unbuildable lot and serves no public prupose; and WHEREAS, staff is recommending to convey title of the parcel to Brittany Z. Bumgardner; and WHEREAS, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the Mayor to sign a Purchase and Sale Agreement with Brittany Z. Bumgardner to convey a vacant parcel of land at the end of SW 24th Avenue adjacent to I-95. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission does hereby approve and authorize the Mayor to sign a Purchase and Sale Agreement with Brittany Z. Bumgardner to convey title to a vacant parcel of land at the end of SW 24th Avenue adjacent to I-95 (PCN #08-43-45-32-01- C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDCA595E536E-OEOE-498E-B506-6BD628219193\Boynton Beach.9070.1.Purchase_and_Sale _ Agreement_ with Brittany Bumgardner_-_Reso.doc Page 779 of 808 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 002-0110), a copy of the Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2018. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (City Seal) VOTE C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDCA595E536E-OEOE-498E-B506-6BD628219193\Boynton Beach.9070.1.Purchase_and_Sale _ Agreement_ with Brittany Bumgardner_-_Reso.doc Page 780 of 808 REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT ("Agreement") is made and entered this day of , 20 , by and between the City of Boynton Beach, a Florida municipal corporation (the "SELLER"), and Brittany Z. Bumgardner ("PURCHASER"). WITNESSETH: WHEREAS, SELLER is the fee simple owner of the vacant real property located at the end of SW 24�h Avenue adjacent to I-95, in the City of Boynton Beach, Palm Beach County, Florida, more particularly described in Exhibit "A" attached hereto ("Property"); and WHEREAS, SELLER desires to sell to PURCHASER, and PURCHASER desires to purchase from SELLER, the Property upon the terms and conditions herein below set forth. NOW, THEREFORE, for and in consideration of the premises, the payment of Two Hundred Dollars and No Cents ($200.00) in hand paid by PURCHASER to SELLER, the mutual covenants and agreements herein set forth, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby expressly acknowledged by the parties hereto, the parties hereto do hereby covenant and agree as follows: 1. DEFINITIONS. The following terms when used in this Agreement for Purchase and Sale shall have the following meanings: 1.1 PropeLty. That certain vacant property located at the end of SW 24`h Avenue adjacent to I- 95, in the City of Boynton Beach, County of Palm Beach, State of Florida (the "Property"), more particularly described in Exhibit "A" attached hereto. 1.2 Closing Date. The Closing Date is the date on which the closing ("Closing") shall occur and shall be no later than thirty (30) calendar days from the completion of the Inspection Period, and any extension thereof as mutually approved by the parties. 1.3 Deed. A Warranty Deed, in its statutory form, which shall convey the Property from SELLER to PURCHASER. 1.4 Effective Date. The Effective Date of this Agreement shall be the date when the last one of the Seller and Purchaser has signed the Agreement. 1.5 SELLER'S Address. Seller's mailing address is 100 E. Boynton Beach Boulevard, Boynton Beach, FL 33435, with copy to Goren, Cherof, Doody & Ezrol, P.A., Attn: James A. Cherof, Esq., at 3099 East Commercial Boulevard, Suite 200, Ft. Lauderdale, Florida 33308. 1.6 PURCHASER'S Address. Purchaser's mailing address is 715 SW 24' Avenue, Boynton 100208669.1306-99052991 1 Page 781 of 808 Beach, FL 33425. 1.7. Other Definitions. The terms defined in any part of this Agreement shall have the defined meaning wherever capitalized herein. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of each gender shall be deemed to comprehend either or both of the other genders. As used in this Agreement, the terms "herein", "hereof' and the like refer to this Agreement in its entirety and not to any specific section or subsection. 2. PURCHASE PRICE. 2.1 Subject to the provisions of this Agreement, the SELLER hereby agrees to sell to PURCHASER, and PURCHASER hereby agrees to purchase from SELLER, the Property for the total Purchase Price of TWO HUNDRED AND 00/100 DOLLARS ($200.00) and upon and subject to the terms and conditions hereinafter set forth. 2.2 The Purchase includes: (a) All right of ways, alleys, waters, privileges, easements and appurtenances which are on or benefit all the Property; (b) All right, title and interest, if any, of SELLER in any Land lying in the bed of any public or private street or highway, opened or proposed, in front any of the adjoining Property to the center line thereof. The sale also includes any right of SELLER to any unpaid award to which SELLER may be entitled: (1) due to taking by condemnation of any right, title or interest of SELLER and (2) for any damage to the Property due to change of grade of any street or highway. SELLER will deliver to PURCHASER at closing, or thereafter on demand, proper instruments for the conveyance of title and the assignment and collection of award and damages; (c) To the extent transferable, all licenses, permits, contracts and leases, if applicable, with respect to the property. 3. INSPECTIONS. 3.1 PURCHASER shall have fifteen (15) days from the Effective Date to perform inspections of the Property as the PURCHASER deems necessary ("Inspection Period") 3.2 During the Inspection Period, PURCHASER shall, at its sole cost and expense, determine that utility services including, water, waste water, electric, telephone and all other utilities are available in the proper size and capacity to serve the existing facilities and installed to the property lines. At all times during the Inspection Period, PURCHASER and its agents shall be provided with reasonable access during normal business hours to the Property for purposes of on-site inspection, upon reasonable prior notice to SELLER. The scope of the inspection contemplated herein shall be determined by the PURCHASER as deemed appropriate under the circumstances provided however, no invasive environmental tests, surveys, audits or inspections may be performed by PURCHASER unless SELLER has provided its written consent thereto, 100208669.1306-99052991 2 Page 782 of 808 which consent will not be unreasonably withheld, delayed or conditioned. PURCHASER shall promptly repair and restore any damage to the Property caused by, and will not allow any lien or claim of lien to be recorded as a result of PURCHASER'S inspections. PURCHASER also agrees to indemnify and hold SELLER harmless from any losses, claims, costs, and expenses, including reasonable attorney's fees, which may result from or be connected with any acts or omissions of PURCHASER and/or its contractors and consultants -during inspections that are done pursuant hereto which obligation shall survive termination of, or Closing under this Agreement. Any contractors or consultants engaged by PURCHASER to perform such inspections shall be licensed by the State of Florida and, prior to entering the Property, shall provide SELLER with evidence of insurance coverage in an amount and with a company reasonably satisfactory to SELLER. 3.3 During the Inspection Period, the PURCHASER, at its sole discretion, shall be entitled to terminate this Agreement for any reason. PURCHASER will provide written notice by mail or facsimile to SELLER and/or SELLER's counsel, which notice must be received prior to the expiration of the Inspection Period. 3.4 If during the Inspection Period PURCHASER delivers written notice to SELLER of PURCHASER'S determination that the Property is satisfactory and is approved by PURCHASER or if PURCHASER fails to timely deliver to SELLER any written notice exercising the termination right granted to PURCHASER, then this Agreement shall remain in full force and effect, and the parties shall proceed to closing. 4. SELLER'S REPRESENTATIONS. 4.1 To induce PURCHASER to enter into this Agreement, SELLER makes the following representations, all of which, to the best of SELLER'S knowledge, in all material respects and except as otherwise provided in this Agreement (i) are now true, and (ii) shall be true as of the date of the Closing unless SELLER receives information to the contrary, in which case SELLER shall immediately provide PURCHASER notice of such contrary information and upon receipt PURCHASER may, in its sole discretion, deem such contrary information material and terminate this Agreement, and (iii) shall survive the Closing: 4.2 At all times from the Effective Date until the Closing on the Property, SELLER shall keep the Property free and clear of all liens, encumbrances and/or clouds upon title, including without limitation, liens related to service, labor and/or materials furnished to, or for the benefit of, the Property, lis pendens, tax liens, permit violations, code violations, ordinance violations, and SELLER shall indemnify, defend and hold PURCHASER harmless from and against all expense and liability in connection therewith (including, without limitation, court costs and reasonable attorney's fees). 4.3 SELLER has no actual knowledge nor has SELLER received any notice of any litigation, claim, action or proceeding, actual or threatened, against SELLER or the Property by any organization, 100208669.1306-99052991 3 Page 783 of 808 person, individual or governmental agency which would affect (as to any threatened litigation, claim, action or proceeding, in a materially adverse fashion) the use, occupancy or value of the Property or any part thereof or which would otherwise relate to the Land. 4.4 SELLER has full power and authority to enter into this Agreement and to assume and perform its obligations hereunder in this Agreement. No action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon the SELLER in accordance with its terms. The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the SELLER do not and will not violate any public or corporate obligations of the SELLER and will not conflict with or result in the breach of any condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the SELLER is a party nor will create a lien or encumbrance upon the Property or assets of the SELLER. 4.5 SELLER represents that SELLER will not, between the date of this Agreement and the Closing, without PURCHASER'S prior written consent, which consent shall not be unreasonably withheld or delayed, except in the ordinary course of business, create any encumbrances on the Property. For purposes of this provision the term "encumbrances" shall mean any liens, claims, options, or other encumbrances, encroachments, rights-of-way, leases, easements, covenants, conditions or restrictions. 4.6 SELLER represents that there are no parties other than SELLER in possession of the Property or any portion of the Property as a lessee. 4.7 SELLER shall not list or offer the Property for sale or solicit or negotiate offers to purchase the Property while this Agreement is in effect. SELLER shall use its best efforts to maintain the Property in its present condition so as to ensure that it shall remain substantially in the same condition from the Effective Date to the Closing Date. 4.8 REAL PROPERTY SOLD AS IS, WHERE IS, RELEASE: SELLER makes and shall make no warranty regarding the title to the Property except as to any warranties which will be contained in the instruments to be delivered by SELLER at Closing in accordance with this Agreement. SELLER makes and shall make no representation or warranty either expressed or implied (except as specifically set forth in the Agreement) regarding condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. The PURCHASER specifically acknowledges and agrees that SELLER shall sell and PURCHASER shall purchase the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the SELLER'S representations and warranties specifically set forth in this Agreement and those obligations described in the Development Agreement, PURCHASER is 100208669.1306-99052991 M Page 784 of 808 not relying on any representations or warranties of any kind whatsoever, except as specifically set forth in this Agreement, express or implied, from SELLER its agents, officers, or employees, as to any matters concerning the Property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Property, (2) the quality nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Property, (4) the development potential, income potential, expenses of the Property, (5) the Property's value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7) the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi -governmental entity or of any other person or entity, including, without limitation, environmental person or entity, including without limitation, environmental laws, (9) the presence of Hazardous Materials (as defined herein) or any other hazardous or toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent vices or defects, (11) peaceable possession of the Property, (12) environmental matters of any kind or nature whatsoever relating to the Property, (13) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Property. 4.9 As used herein, the term "Hazardous Materials" means (i) those substances included within the definitions of "hazardous substances", "hazardous materials", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR §172.101) or by the Environmental Protection Agency as "hazardous substances" "hazardous materials" "toxic substances" or "solid waste" m such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable explosives or radioactive materials. 5. EVIDENCE OF TITLE. 5.1 Title to the Property. SELLER shall convey to PURCHASER at Closing, by delivery of a Warranty Deed, title to the subject Property. PURCHASER may secure a title insurance commitment issued by a title insurance underwriter approved by PURCHASER, for the subject Property insuring PURCHASER'S title to the Property. The costs and expenses relative to the issuance of a title commitment and an owner's title policy shall be borne by the PURCHASER. 100208669.1306-99052991 k, Page 785 of 808 5.2 If PURCHASER so desires to obtain title insurance on the Property, the PURCHASER shall have Five (5) days from the date of receiving said commitment to examine the title commitment ("Title Inspection Period"). If PURCHASER objects to any exception to title as shown in the title commitment, PURCHASER shall, prior to the expiration of the Inspection Period shall notify SELLER in writing specifying the specific exception(s) to which it objects. Any objection(s) of which PURCHASER has so notified SELLER, and which SELLER chooses to cure, shall be cured by SELLER so as to enable the removal of said objection(s) from the title commitment within Ten (10) days after PURCHASER has provided notice to SELLER. Within five (5) days after the expiration of SELLER'S time to cure any objection, SELLER shall send to PURCHASER a notice in writing (a "cure notice") stating either (i) that the objection has been cured and in such case enclosing evidence of such cure, or (ii) that SELLER is either unable to cure or has chosen not to cure such objection. If SELLER shall be unable or unwilling to cure all objections within the time period set forth in the preceding sentence, then PURCHASER may (a) terminate this Agreement by written notice to the SELLER within five (5) days after receipt of a cure notice specifying an uncured objection; or (b) subject to the provisions set forth below, proceed to close the transaction contemplated herein despite the uncured objection. 5.3. Survey and Legal Description. Within ten (10) days of the Effective Date of this Agreement, PURCHASER may obtain at her own cost and expense: (i) a survey prepared by a registered land surveyor or engineer licensed in the State of Florida showing the boundaries of the land, and the location of any easements thereon and certifying the number of acres (to the nearest one thousandth acre) of land contained in the Property, all buildings, improvements and encroachments; and (ii) a correct legal description of the Property which, upon approval thereof by PURCHASER and SELLER (not to be unreasonably withheld), shall be the legal description used in the deed of conveyance. The survey and legal description shall be prepared and certified by a surveyor licensed and registered in the State of Florida and shall comply with the requirements of the survey map established in connection with the issuance of an owner's title insurance policy on the Land. The survey shall be certified to PURCHASER and the title insurance company issuing the title insurance. 6. PURCHASER'S REPRESENTATIONS. PURCHASER hereby represents and warrants to the best of its knowledge that all of the following are true and correct: 6.1 PURCHASER has full power and authority to enter into this Agreement and to assume and perform all of its obligations hereunder. 6.2 The execution and delivery of this Agreement and the consummation of the transaction contemplated hereunder on the part of the PURCHASER do not and will not violate the corporate or organizational documents of PURCHASER and will not conflict with or result in the breach of any 100208669.1306-99052991 0 Page 786 of 808 condition or provision, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which the PURCHASER is a party. 6.3 No action by any federal, state, municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon PURCHASER in accordance with its terms and conditions. 6.4 All of the representations, warranties and covenants of PURCHASER contained in this Agreement or in any other document, delivered to SELLER in connection with the transaction contemplated herein shall be true and correct in all material respects and not in default at the time of Closing, just as though they were made at such time. 7. CONDITIONS PRECEDENT TO CLOSING. Each of the following events or occurrences ("Conditions Precedents") shall be a condition precedent to PURCHASER'S obligation to close this transaction: (a) PURCHASER has completed its inspection of the Property, and performed all of its obligations and conditions of this Agreement. (b) SELLER has performed all covenants, agreements and obligations, and complied with all conditions required by this Agreement to covey clear and marketable title of the Property to PURCHASER, prior to closing. (c) Approval of this Agreement by the City of Boynton Beach City Commission. 8. CLOSING DOCUMENTS. 8.1 At Closing, SELLER shall deliver to PURCHASER a Warranty Deed, Bill of Sale, if applicable, No Lien/Gap Affidavit, Non -Foreign Certification in accordance with Section 1445 of the Internal Revenue Code, 1099 Form, and any other documents as listed as title requirements in Schedule B -I of the Title Commitment to assure the conveyance of good and marketable fee simple title of the Property to the PURCHASER. 8.2 At Closing, PURCHASER shall execute a City of Boynton Beach approved Unity of Title to combine PURCHASER's property located at 715 SW 24' Avenue, Boynton Beach, Florida with the Property conveyed at Closing. The Unity of Title shall be recorded at Closing, and the costs to record the Unity of Title shall be paid by PURCHASER. 9. CLOSING COSTS, TAXES AND PROBATIONS. 9.1 Ad Valorem Taxes. PURCHASER and SELLER shall comply with Section 196.295, Florida Statutes, with respect to the payment of prorated ad valorem taxes for the year of closing into escrow with the Palm Beach County Revenue Collector. In the event that, following the Closing, the actual amount of assessed real property tax on the Property for the current year is higher than any estimate of such tax used 100208669.1306-99052991 7 Page 787 of 808 for purposes of the Closing, the parties shall re -prorate any amounts paid or credited based on such estimate as if paid in November. This shall survive the Closing. 9.2 Seller's Closing. SELLER shall pay for the following items prior to or at Closing: None. 9.3 Purchaser's Closing Costs. PURCHASER shall pay for the following items prior to or at Closing: (a) Cost of providing marketable title as provided herein; (b) Documentary Stamps on the deed as provided under Chapter 201, Florida Statutes; (c) Recording fees of the Warranty Deed, Right to Repurchase, Mortgage, if any, and any other instrument as required to be recorded in the Public Records, and (d) Cost of obtaining owner's title insurance policy. 10. CLOSING DATE AND PLACE. The Closing will take place on or before the expiration of thirty (30) calendar days following the expiration of the inspection period, at a location designated by the SELLER. 11. TERMINATION AND DEFAULT. 11.1 Termination by Purchaser. In the event that any inspections as set forth in Section 3. herein and any review of documents conducted by the PURCHASER relative to the Property during the Inspection Period, prove unsatisfactory in any fashion, the PURCHASER, at its sole discretion, shall be entitled to terminate this Agreement. PURCHASER shall provide written notice of said termination by mail or facsimile to SELLER no later than the date of expiration of the Inspection Period 11.2 Default. In the event of a default by SELLER, PURCHASER shall have the right to seek equitable relief to enforce the terms and conditions of this Agreement through a decree for specific performance and/or injunctive relief. 11.3 In the event of default by PURCHASER, SELLER shall have the election of the following remedies: (1) seek damages incurred by SELLER resulting from PURCHASER'S default, including without limitation; or (2) equitable relief to enforce the terms and conditions of this Agreement through a decree for specific performance and/or injunctive relief. 12. BROKER. The parties each represent to the other that they have not dealt with any real estate broker, real estate salesman or finder in conjunction with this transaction who is entitled to a fee or brokerage commission in accordance with Florida law. 13. ENFORCEABILITY. If any provision in this Agreement shall be held to be excessively broad, it shall be construed, by limiting and reducing it, to be enforceable to the extent compatible with applicable law. If any provision in this Agreement shall, notwithstanding the preceding sentence, be held illegal or unenforceable, such illegality or unenforceability shall not affect any other provision of this Agreement. 100208669.1306-99052991 M Page 788 of 808 14. NOTICE. All written notices shall be deemed effective if sent to the following places: PURCHASER: Brittany Z. Bumgardner 715 SW 24b Avenue Boynton Beach, FL 33425 SELLER: City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Attn: Lori LaVerriere, City Manager With Copy to: James A. Cherof, Esq. GOREN, CHEROF, DOODY & EZROL, P.A. 3099 East Commercial Boulevard, 9200 Fort Lauderdale, Florida 33308 Tel: (561) 276-9400 Fax: (954) 771-4923 15. GOVERNING LAW & VENUE. This Agreement shall be governed by the laws of the State of Florida. Each party agrees that the Circuit Court for the Fifteenth Judicial Circuit in and for Palm Beach County shall be the exclusive jurisdiction and venue of any litigation or special proceeding to resolve any dispute or claim arising from or related to or connected with this Agreement, including any claims based upon equity, statute, common law or rule. The parties hereby waive any objection to such forum based upon venue or forum non convenient grounds. 16. ENTIRE AGREEMENT. All prior understandings and agreements between SELLER and PURCHASER are merged in this Agreement. This Agreement completely expresses their full agreement. 17. AMENDMENT. No modification or amendment of this Agreement shall be of any force or effect unless in writing and executed by both SELLER and PURCHASER. 18. SUCCESSORS. This Agreement shall apply to and bind the executors, administrators, successors and assigns of SELLER and PURCHASER. Any assignment of this Agreement by Purchaser must be approved by the City of Boynton Beach City Commission 19. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall be taken to be an original and all collectively deemed one instrument. The parties hereto agree that a facsimile copy hereof and any signatures hereon shall be considered for all purposes as originals. 100208669.1306-99052991 0 Page 789 of 808 20. LITIGATION COSTS. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party all costs and expenses incurred, including its reasonable attorney's fees at all trial and appellate levels and post judgment proceedings. 21. WAIVER OF JURY TRIAL. Each party hereby knowingly, voluntarily and intentionally waives any and all rights it may have to a trial by jury in respect of any dispute, litigation or court action (including, but not limited to, any claims, crossclaims or third -party claims) arising from, growing out of, or related to this Agreement. The parties acknowledge that this waiver is a significant consideration to, and a material inducement for the parties to enter into this Agreement. Each party hereby certifies that no representative or agent of the other party has represented, expressly or otherwise, that either party would not, in the event of such litigation, seek to enforce this waiver of right to jury trial provision. 22. PRECEDENCE. In the event of conflict, handwritten provisions shall take precedence over typewritten and printed provisions. Typewritten provisions shall take precedence over printed provisions. 23. DRAFTING. This Agreement has been negotiated and drafted mutually by the parties and shall be construed and interpreted as if both parties drafted same so that neither party shall be entitled to the benefits of any rules of construction, interpretation or enforcement against the drafters. 100208669.1306-99052991 10 Page 790 of 808 [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates indicated above: ATTEST: Judith Pyle, City Clerk Approved as to Form: Office of the City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH SELLER: CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida By: Steven Grant, Mayor (SEAL) The foregoing instrument was acknowledged before me this day of , 20 , by Steven Grant, as Mayor of the City of Boynton Beach, Judith Pyle, City Clerk of the City of Boynton Beach, for the City of Boynton Beach, who are personally known to me or have produced as identification. WITNESSES: By: Print Name: 100208669.1306-99052991 II Notary Public, State of Florida Printed Name of Notary Public My Commission Expires: PURCHASER: Brittany Z. Bumgardner Page 791 of 808 By: Print Name: EXHIBIT "A" LEGAL DESCRIPTION Legal description to be confirmed by survey to be provided Property Address: Vacant lot located at the end of SW 24th Avenue adjacent to I-95 Folio No.: 08-43-45-32-01-002-0110 100208669.1306-99052991 12 Page 792 of 808 Mack, Andrew From: Brittany Bumgardner <brittbumgardner@gmail.com> Sent: Thursday, October 05, 2017 11:04 AM To: Mack, Andrew Subject: Interested in purchasing abandoned lot next door to my home. Follow Up Flag: Follow up Flag Status: Completed Good Morning Andrew Mack. I'm writing this email and also a hand written letter to make an offer on the property right next door to my house. My name is Brittany Zara Bumgardner and I am the homeowner of 715 SW 24th ave Boynton Beach FL 33435. 1 have lived at this address for 9 years. I have helped maintain this lot majority of the time. I am also the only one who has to dump my trash there due to the power line from one light to another across my yard. I would like to purchase this lot with the promise that I will fully be responsible to maintain it. My offer is $200.00. Please fell free to call me or email me at anytime. Thank you so much for your time and communication. I greatly appreciate it. Sincerely, Brittany Zara Bumgardner (561)351-0927 Page 793 of 808 Cx\ Ao uN, u.'rl toan "J"d\ LA) 0 Y 01.� On �X. ly) 4'A '-)-0 coc X) N3 Page 794 of 808 r"DO °1m Vit Hornestea Location Address SW 24TH AVE Municipality BOYNTON BEACH Parcel Control Number 08-43-45-32-01-002-0110 Subdivision FOREST HILLS IN Official Records Book 02331 Page 0023 Sale Date JAN -1974 I1....egall Description FOREST HILLS LT 11 (LESS I-95 R/W) BLK 2 Mailing address Owners PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 No Sales Information Available. U Il All values are as of January 1st each year u uliu .ir Tax Year 2017 IIII'° 2016 2015 Assessed Value $52,045 $47,314 $45,061 Exemption Amount $52,045 $47,314 $45,061 Taxable Value $0 $0 $0 Tax Year 2017 IIII'° 2016 2015 Ad Valorem $0 $0 $0 Non Ad Valorem $0 $0 $0 Total tax $0 $0 $0 http://www.co.palm-beach.fl.us/papa/Asps/Property Detail/PropertyDetai I. aspx?parcel=08434532010020110&srchtype=map Page 1 of 1 Page 795 of 808 Mack, Andrew From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Good afternoon Mr. Mack, Sheila Houston <SHouston@pbcgov.org> Thursday, February 08, 2018 4:19 PM Mack, Andrew Tina L. Golden PCN #08-43-45-32-01-002-0110 Follow up Flagged The above referenced parcel is being assigned to the Residential Department for valuation in 2018. That valuation cycle will take place sometime between March and June of 2018. A quick review of the Boynton Beach market area would indicate a range of $1.73 to $2.86 per square foot for unbuildable lots. This is the best information I have at this time. Regards, --------------------- Sheila Houston, CFE, RES State -certified residential real estate appraiser RD5893 Residential Senior Appraiser Residential Department Palm Beach County Property Appraiser's Office 14925 Cumberland Dr, Delray Beach, FL 33446 Tel: 561 894-7741 Fax: 561 894-7779 Email: SHouston&pbc ov.org " d 6^DOROTHYJACKS, �1/ V'DaRunE3,'"'adh fIY"ru,r6pGn PYdK*A`" AY,,PfvC eie'r Under Florida Law e-mail addresses are public record. If you do not want your e-mail address released in response to a public - records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Page 796 of 808 08-43-45-32-01-002-0110 November 28, 2017 1:576 0.00475 0.0095 0.019 mi Farre 7F of 808 0.0075 0.015 0.03 km 13. B. LEGAL 2/20/2018 REQUESTED ACTION BY COMMISSION: Pursuant to Section 286.011(8), Florida Statutes, the City Attorney is requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: SHARRON TASHA FORD, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant — Case No. 50 2010 CA 016550XXXXMB AD EXPLANATION OF REQUEST: The City Attorney, James Cherof, will be in attendance along with Assistant City Attorney Tracey DeCarlo, Special City Counsel Michael Burke, Lori LaVerriere, City Manager, a Court Reporter, the Mayor and City Commission. We will need approximately 45 minutes. The time and date of the private attorney-client session will be scheduled at the February 20, 2017 City Commission meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: Budgeted ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 798 of 808 ATTACHMENTS: Type Description ME)irno r'EqL.JIE)Sbl['lg CJOSEd door SE)SSk)I['l Page 799 of 808 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney Tracey DeCarlo, Assistant City Attorney DATE: February 12, 2018 RE: Request for Private Attorney -Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: 1. SHARRON TASHA FORD, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant — Case No. 50 2010 CA 016550XXXXMB AD I will be in attendance along with Assistant City Attorney Tracey DeCarlo, Special City Counsel Michael Burke, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 45 minutes. The time and date of the private attorney-client session will be set at the February 20, 2018 City Commission meeting. JAC11ms C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\568EF7B6-B948-4BD6-8AAF-ED3BDF828B38\Boynton Beach.8994.1.Request_For_Ex_Session_-_021218_(Ford).Doc Page 800 of 808 ODCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/20/2018 REQUESTED ACTION BY COMMISSION: Staff to review PBC Ordinance on Panhandlers - March 2018 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: 14.A. FUTURE AGENDA ITEMS 2/20/2018 Page 801 of 808 14. B. FUTURE AGENDA ITEMS 2/20/2018 ODCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/20/2018 REQUESTED ACTION BY COMMISSION: Commission to discuss vice mayor selection - March 20, 2018 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 802 of 808 ODCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/20/2018 REQUESTED ACTION BY COMMISSION: Result of Te)dile Recycling RFP and recommendation - March 20, 2018 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: 14.C. FUTURE AGENDA ITEMS 2/20/2018 Page 803 of 808 14.D. FUTURE AGENDA ITEMS 2/20/2018 REQUESTED ACTION BY COMMISSION: Members of the Commission has requested to review and discuss the Public Arts Ordinance - March 20, 2018 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 804 of 808 14. E. FUTURE AGENDA ITEMS 2/20/2018 ODCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/20/2018 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 - March 6, 2018 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 805 of 808 14. F. FUTURE AGENDA ITEMS 2/20/2018 REQUESTED ACTION BY COMMISSION: Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green 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 806 of 808 14.G. FUTURE AGENDA ITEMS 2/20/2018 ODCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/20/2018 REQUESTED ACTION BY COMMISSION: Vice -Mayor Katz has requested the City Attorney to provide update on legal issues with QPODD - 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 807 of 808 14. H. FUTURE AGENDA ITEMS 2/20/2018 ODCITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 2/20/2018 REQUESTED ACTION BY COMMISSION: Commission to consider a land sale agreement to Leisureville for land parcel adjacent to Palm Beach Leisureville - March 6, 2018 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: