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Agenda 12-19-16The City of Boynton Beach City Commission Agenda Monday, December 19, 2016, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Mack McCray (District 11) Commissioner Justin Katz (District 1) Commissioner Christina L. Romelus (District III) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boynton- beach. org Page 1 of 960 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITY OF BOYNTON BEACH COMMISSION MEETINGS THE AGENDA: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes & Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved due to Holidays/Election Day). Page 2 of 960 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation by Woodrow Hay, Police Chaplain Presentation of Flags by Boynton Beach High School ROTC Pledge of Allegiance to the Flag led by Mayor Grant Comments by Fred Barch, Principal of Boynton Beach Community High School. ROLL CALL Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Presentation to the Holiday Parade award winners by Mayor Grant. The awards to be presented are the Most Outstanding Float, Best Performance by a Marching Band, Best Marching Unit and Most Creative/Original. B. Presentation by City Clerk staff about departmental operations. C. Jeanne Heavilin, President of the Greater Boynton Beach Sister Cities has requested to discuss the possibility of a Sister City relationship with Rauma, Finland. D. City offices will be closed on Friday, December 23rd and Monday, December 26th in observance of the Christmas holiday. City offices will also be closed on Monday, January 2, 2017 in observance of New Year's Day. 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 east: Arts Commission: 2 Regs and 2 Alts Page 3 of 960 Building Board of Adjustments & Appeals: 4 Regs and 2 Alts Education and Youth Advisory Bd: 1 Reg, 1 Stu and 1 Stu N/V Library Bd: 3 Regs and 2 Alts Recreation & Parks Bd: 1 Alt Senior Advisory Bd: 3 Regs and 2 Alts 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Authorize, by three separate resolutions, the City Manager to sign and execute three, one year agreements, each with two, one-year renewals for American Sign Language interpreting services beginning on January 1, 2017 and ending on December 31, 2017 to be used on a "AS NEEDED BASIS". PROPOSED RESOLUTION NO. R16-166 - Gulfstream Goodwill Industries Deaf Services of West Palm Beach, FL; PROPOSED RESOLUTION NO. R16-167 - The WAG Group of West Palm Beach, FL; and PROPOSED RESOLUTION NO. R16-168 - Nationwide Interpreter Resource, Inc. of Boca Raton, FL B. PROPOSED RESOLUTION NO. R16-169 - Approve and authorize signing of an Agreement for Water Service outside the City limits with 4730 Hypoluxo Road LLC for property at 4730 Hypoluxo Road, Lake Worth, FL 33463 C. PROPOSED RESOLUTION NO. R16-170 - Authorize the City Manager to sign the Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Matthew between the City of Boynton Beach and State of Florida, Division of Emergency Management. D. PROPOSED RESOLUTION NO. R16-171 - Authorize the City Manager or designee to sign documents related to the amended Outdoor Lease Agreement between the City of Boynton Beach and Wilton Manors Street Systems, Inc. for one (1) outdoor advertising structure with two (2) electronic changeable sign faces, "LED" in order for the City to submit advertising requests for the electronic changeable sign faces. E. PROPOSED RESOLUTION NO. R16-172 - Authorize the City Manager to sign a Contract with Vazza Cleaning Corporation of Royal Palm Beach, FL for a two year period in the amount of $2,004.05 per month/$24,048.60 annual as a result of the Bid for "A Two Year Contract for Janitorial Services for the Utilities Department", Bid No. 001-2821-17/JMA. F. PROPOSED RESOLUTION NO. R16-173 - Authorize the City Manager to sign an agreement with CPH, Inc., for professional engineering services in preparing a Design Criteria Package for the construction of a new water quality laboratory facility, in the amount of $56,265.00. This is in accordance with the General Consulting Services, under Scope Category D, RFQ 017-2821- 14/DJ L approved by City Commission on July 1, 2014. G. PROPOSED RESOLUTION NO. R16-174 - Approve Budget Amendment for the Park & Rec Facilities Fund for the FY 2016-17 budget, increasing the appropriated budget from $209,020 to $231,020, which will adjust budgeted appropriations, revenue sources and provide spending authority for anticipated expenditure of $22,000 for purchase and installation of the Sway Fun Public Art Wall at Barrier Free Park. H. PROPOSED RESOLUTION NO. R16-175 - Amend the FY 2016-2017 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for current and prior year Adopted Capital Improvement Projects. PROPOSED RESOLUTION NO. R16-176 - Approve the temporary road closure of the Page 4 of 960 intersection of W Boynton Beach Blvd and N Seacrest Blvd on Saturday, January 7, 2017 for the annual Martin Luther King Jr. Parade, and authorize the City Manager, or designee, to apply for the State permit for the temporary road closure. J. PROPOSED RESOLUTION NO. R16-177 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. K. Accept the Fiscal Year 2015-2016 Budget Status Report of the General Fund and the Utilities Fund for the twelve (12) month period ending September 30, 2016 (unaudited). L. Approve Change Order No. 5 to Purchase Order #130850 to Rohl Networks, LP in the amount of $31,613 for the Fiber Optic Cabling project, Bid No. 017-2821-13/DJL, increasing the purchase order from $276,313.56 to $307,926.56. M. Motion to approve an increase in the amount of $17,000 to blanket purchase order #170432 for Boynton Chevron for a total of $40,500.00 for off-site fueling of City fleet. N. Approve utilizing the State of Florida Contract number 43211500-WSCA-15-ACS with Dell Marketing LP of Round Rock, TX for the purchase of Dell desktop computer and monitors for various City departments for the amount of $29,998. O. Approve the release of surety for the project known as Walmart Neighborhood Market #2396-00 at the intersection of Military Trail and Coconut Lane, and authorize returning the performance bond in the amount of $253,957 to Hawkins Construction, Inc. P. Legal expenses - October 2016 - Information at the request of the Commission. No action required. Q. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for December 19, 2016 - "Request for Extensions and/or Piggybacks". R. Accept the written report to the Commission for purchases over $10,000 for the month of November 2016. S. Approve the minutes from the Regular City Commission meeting held on December 6, 2016. 7. BIDS AND PURCHASES OVER $100,000 A. Approve Xylem Water Solutions USA, Inc. of Riviera Beach, FL, as a Sole Source for the purchase of parts and repair services on Flygt pumps (utility lift stations) on an "As Needed Basis" for the fiscal year 2016-2017, for an estimated annual expenditure of $175,000. 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Review and Approve Legal Settlement in Foreclosure matter; Case No. 50-2015-CAl 1 893XXXXMB and authorize the City Manager to sign the Stipulation of Acknowledgement of Valid Utility Lien and Release of Lien Upon Accord and Satisfaction of the Lien. 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. Mixed Use - 4 (MU -4) Zoning District (CDRV 16-006) - PROPOSED ORDINANCE NO.16-023 - FIRST READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to begin implementing the Community Redevelopment Plan with the establishment of the new Mixed Use 4 (MU -4) Zoning District including amendments or additions to definitions, site development standards, zoning uses, and urban design standards. City initiated. Page 5 of 960 B. PROPOSED RESOLUTION NO. R16-165 - Second Review of proposed Notice of Intent - Group Homes 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. Review and action on Annual Performance Evaluation for the City Manager. B. Approve the request of Mayor Steven B. Grant to distribute $300 of his Community Support Funds to the 211 Help Line, a non-profit organization. (TABLED ON 12/6/16) C. Consider proposal received by Community Caring Center for the leasing of space at the Library to operating a Cafe. 13. LEGAL A. Infill Planned Unit Development (IPUD) (CDRV 16-006) - PROPOSED ORDINANCE 16-024 - FIRST READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 3, Article III, Section 2.G to eliminate the minimum and maximum lot area standards for the Infill Planned Unit Development Zoning District (IPUD). City initiated. B. PROPOSED ORDINANCE NO. 16-025 - FIRST READING - Adoption of an Ordinance establishing a Moratorium for a period from December 6, 2016, to June 4, 2017 regarding group homes. C. PROPOSED ORDINANCE NO. 16-022 - SECOND READING - Approve the annual update to the Five -Year Capital Improvements Schedule of the Capital Improvements Element of the City's Comprehensive Plan. D. 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: BARRY GOLDMAN, Plaintiff, vs CITY OF BOYNTON BEACH, Defendant — Palm Beach County Circuit Court Case No. 2015CA011734XXXXMB 14. FUTURE AGENDA ITEMS A. PROPOSED ORDINANCE NO. 17 -XXX - FIRST READING Approve Riverwalk Rezoning from C- 3 (Community Commercial District) to MU -4 (Mixed Use 4 District) with a master plan for 326 apartments and 51,220 square feet of commercial space. Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. - January 3, 2017. B. PROPOSED ORDINANCE NO. 17 -XXX - FIRST READING Approve Riverwalk Future Land Use Map amendment from Local Retail Commercial (LRC) to Mixed Use Core (MX -C). Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk, LLC, property owner. - January 3, 2017 C. Approve request for the Riverwalk Plaza Height Exception (HTEX 16-001) to allow non -inhabitable space including architectural features and stair tower to extend 5 feet above the maximum building height allowed in the MU -4 Zoning District (100 feet) within a mixed-use development. Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. When reviewed on January 3rd, staff will advise the Commission to table the item to the January 17th agenda so that final action occurs simultaneously with final action to be taken on the corresponding ordinances for Land Use Amendment and Rezoning. - January 17, 2017 D. Approve request for the Riverwalk Plaza Community Design Appeal (CDPA 16-002) to allow deviation from the zero (0') build -to -line requirement along an arterial road as required by the Land Development Regulations, Chapter 3, Article 111. Agent: Steven S. Wherry of Greenspoon Marder, Page 6 of 960 P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. When reviewed on January 3rd, staff will advise the Commission to table the item to the January 17th agenda so that final action occurs simultaneously with final action to be taken on the corresponding ordinances for Land Use Amendment and Rezoning. - January 17, 2017. E. Approve request for the Riverwalk Plaza Major Site Plan Modification (16-002) for a mixed-use development of 326 apartments, 51,220 square feet of existing and additional commercial space, parking garage, private recreation area, public waterfront plaza and related site improvements on 9.78 acres. Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. When reviewed on January 3rd, staff will advise the Commission to table the item to the January 17th agenda so that final action occurs simultaneously with final action to be taken on ordinances for Land Use Amendment and Rezoning. - January 17, 2017 F. City Commission to review Legislative Priority List for upcoming Legislative Session - January 17, 2017. G. Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3.D.) to allow medical offices as accessory uses to a residential development. - February 7, 2017. H. Monthly Departmental Presentations Library - January 2017 Communications/Marketing - February 2017 The Commission meeting on Tuesday, March 7, 2017 has been rescheduled to Monday, March 6, 2017 at 6:30p.m. in the Commission Chambers due to members of the Commission travelling to Tallahassee on March 7, 2017. Joint City Commission/CRA Workshop for six month update on 2016 strategic plan at the Intracoastal Park Clubhouse (IPC) at 3:30p.m. - March 28, 2017. K. Discuss the creation of a citizen oversight committee as provided by Palm Beach County ordinance and Interlocal agreement- January 17, 2017. L. Interlocal Agreement with CRA for Community Standards Outreach position - January 17, 2017. M. Discuss Cannibus dispensing regulations - January 3, 2017. N. PBC Human Rights Council has asked the City to consider adopting an ordinance banning conversion therapy for minors - January 3, 2017. O. Review and consider entering into a Solar Lease and Easement Agreement with FP&L to provide a Solar Tree at Oceanfront Park - January 17, 2017. P. Announce the Martin Luther King's events to be held in January 2017 by the Chair - January 3, 2017. Q. Consider adopting a Chronic Nuisance Ordinance - February 2017. 15. ADJOURNMENT NOTICE 1F APER.SON DECIDES TOAPPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED ARECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE 1N AND ENJOY THE BENEFITS OFA SERVICE, PROGRAM, ORACTIVITY Page 7 of 960 CONDUCTED BY THE CITY PLEASE CONTACT THE CITY CLERK'S OFFICE, (561) 742-6060 OR (TTY)1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDAITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THECITY'S WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER 1T 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 8 of 960 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant Invocation by Woodrow Hay, Police Chaplain Presentation of Flags by Boynton Beach High School ROTC Pledge of Allegiance to the Flag led by Mayor Grant Comments by Fred Barch, Principal of Boynton Beach Community High School. ROLL CALL Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: 1.A. OPENING ITEMS 12/19/2016 Page 9 of 960 REVIEWERS: Department Reviewer Action Date City Clerk Fele, Judith Approved 1011912016 - 0:06 PPA Page 10 of 960 2.A. OTHER 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department City Clerk Reviewer Action Date Foyle, Judith Approved 10/19/2016 - 0:06 FSM Page 11 of 960 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Presentation to the Holiday Parade award winners by Mayor Grant. The awards to be presented are the Most Outstanding Float, Best Performance by a Marching Band, Best Marching Unit and Most Creative/Original. EXPLANATION OF REQUEST: The City hosted the Annual Holiday Parade on Saturday, December 3. Participants in the parade were judged in various categories. The judges are members of the Recreation & Parks, Senior and Education & Youth Advisory Boards. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No affect. FISCAL IMPACT. Budgeted Expenses for the awards are included in the event budget. ALTERNATIVES: Do not present the awards. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Recreation & Parks Finance City Manager Reviewer Action Date Majors, Wally Approved 11/13/2016 - 2:23 PM Howard, Tim Approved 12/6/2016 - 12:13 PM LaVerriere, Lori Approved 12/12/2016 - 6:06 AM Page 12 of 960 3.B. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Presentation by City Clerk staff about departmental operations. EXPLANATION OF REQUEST. 5-10 minute Powerpoint presentation about the department HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Clerk Finance City Manager Reviewer Action Date Pyle, Judith Approved 12/9/2016 - 4:00 PM Howard, Tim Approved 12/9/2016 - 4:34 PM LaVerriere, Lori Approved 12/12/2016 - 6:17 AM Page 13 of 960 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Jeanne Heavilin, President of the Greater Boynton Beach Sister Cities has requested to discuss the possibility of a Sister City relationship with Rauma, Finland. EXPLANATION OF REQUEST: Jeanne Heavilin, President of the Greater Boynton Beach Sister Cities Committee is requesting approval of the establishment of a Sister Cities relationship with Rauma, Finland. Peter Makila, Honorary Consul of Finland, will also be presenting. A brief PowerPoint presentation is planned. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: Do not permit presentation by Jeanne Heavilin, President of the Greater Boynton Beach Sister Cities. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department City Manager Finance City Manager Reviewer Action Date Howard, Tim Approved 12/12/2016 - 3:67 AM Howard, Tim Approved 12/12/2016 - 6:67 AM LaVerriere, Lori Approved 12/14/2016 - 6:69 AM Page 14 of 960 3.D. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: City offices will be closed on Friday, December 23rd and Monday, December 26th in observance of the Christmas holiday. City offices will also be closed on Monday, January 2, 2017 in observance of New Year's Day. EXPLANATION OF REQUEST. In observance of the Christmas and New Year's holidays, City offices will be closed on Christmas Eve, Christmas Day and New Year's Day. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: There is no alternative to these days off since they are scheduled holidays for the employees. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 12/13/2016 - 11:06 AM Howard, Tim Approved 12/13/2016 - 11:06 AM LaVerriere, Lori Approved 12/14/2016 - 6:69 AM Page 15 of 960 5.A. ADMINISTRATIVE 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 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: 2 Regs and 2 Alts Building Board of Adjustments & Appeals: 4 Regs and 2 Alts Education and Youth Advisory Bd: 1 Reg, 1 Stu and 1 Stu N/V Library Bd: 3 Regs and 2 Alts Recreation & Parks Bd: 1 Alt Senior Advisory Bd: 3 Regs and 2 Alts EXPLANATION OF REQUEST. The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT. Non -budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 16 of 960 Type Description D Other Appointment List D Other Mann D Other Murphy D Other Pierce -Roe D Other Tebo D Other Thomas D Other Zona REVIEWERS: Department Reviewer Action City Clerk Pyle, Judith Approved Date 10/19/2016 - 3:06 PKA Page 17 of 960 APPOINTMENTS AND APPLICANTS FOR DECEMBER 19, 2016 Arts Commission III Romelus Reg 3 yr term to 12/17 Tabled (2) Mayor Grant Reg 3 yr term to12/19 Tabled (2) IV Casello Alt 1 yr term to 12/17 Tabled (2) 1 Katz Alt 1 yr term to 12/17 Tabled (2) Applicants None. Building Board of Adjustments and Appeals III Romelus Reg III Romelus Reg IV Casello Reg Mayor Grant Reg I Katz Alt II McCray Alt Applicants **Roberta Mann - Current Alternate member ***Roger Zona - Current Regular member 3 yr term to 12/17 3 yr term to 12/19 Tabled (2) 3 yr term to 12/19 Tabled (2) 3 yr term to 12/19 Tabled (2) 1 yr term to 12/17 Tabled (2) 1 yr term to 12/17 Tabled (2) Education and Youth Advisory Board 11 McCray Reg 2 yr term to 12/18 Tabled (2) 1 Katz Stu 1 yr term to 12/17 Tabled (2) III Romelus Stu N/V 1 yr term to 12/17 Tabled (2) Applicants Greg Murphy Alana Simone Thomas Current student member Library Board II McCray Reg III Romelus Reg IV Casello Reg Mayor Grant Alt I Katz Alt Applicants Tracey Tebo - Current Alternate Member 3 yr term to 12/19 Tabled (2) 3 yr term to 12/19 Tabled (2) 3 yr term to 12/19 Tabled (2) 1 yr term to 12/17 Tabled (2) 1 yr term to 12/17 Tabled (2) Page 18 of 960 Recreation and Parks Board Katz Alt 1 yr term to 12/17 Applicants Elizabeth Pierce Roe - Current regular member Senior Advisory Board II McCray Reg 2 yr term to 12/18 Tabled (2) III Romelus Reg 2 yr term to 12/18 Tabled (2) IV Casello Reg 2 yr term to 12/18 Tabled (2) III Romelus Alt 1 yr term to 12/17 Tabled (3) IV Casello Alt 1 yr term to 12/17 Tabled (3) Applicants None ** Roberta Mann would like to serve on the Building Board of Adjustments and Appeals or Community Redevelopment Agency Advisory Board or Education and Youth Advisory Board or Planning and Development Board or Senior Advisory Board. No preference indicated *** Roger Zona would prefer to serve on the Planning and Development Board or Community Redevelopment Advisory Board. Page 19 of 960 Y p�- CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATION, Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the f M will be returned fou clarification. Nam S 0 E-mail Address: r ,5 Current Ed on: Gender: Telephone # �O g� �0, �� S Zip Codz3 H Other Phone: XZ v j:5 r17r Are you a registered voter? Do you reside within the Boynton Beach City limits? Do you own/manage a business within the City limits: If "yes", name of business Are you currently serving on a City board? Have you served on a City board in the past? Yes r�Yes Yes Yes Yac No 0 r No m Have you ever been cnvviicted of a crime? If so, when i —1) Whe Please indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities and meeting times and dates, see pages 3 and 4 attached. Arts Commission Library Board Building Board of Adjustment & Appeals k"—Planning & Development Board Community Redevelopment Advisory Board Police Officers' Retirement Trust Fund I V Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board S:\CC\WP\BOARDS\Applications\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 20 of 960 What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. Please list any professional memberships: Reci—I-L-i rs s! 66ctQl-ldn a Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. O. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, apefalse statements may be cause for removal from a board. Signature: Ya,t�A,-7 S:\CC\WP\BOARDS\Applications\Master Form _ Talent Bank Form - REVISED 11-9-16.doc Y.A o IQor�; Page 21 of 960 From: murphygl <noreply@123contactform.com> Sent: Friday, December 09, 2016 3:51 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: RESUME_2017a.pdf Today's date 12/09/2016 Name Gregory L. Murphy, Jr. Gender Male Phone number 561-436-6670 Address 1400 NW 3rd Street BOYNTON BEACH Florida 33435 United States Email murphygl@yahoo. com Current occupation or, if Educator retired, prior V;a occupation Education BS: Education & MS: Educational Leadership mow:, Are you a M c7 registered voter? yes 1, — Do you reside R within the Boynton Yes Beach City limits? Do you own/manage a No business within City limits? If "yes", name of business: Are you currently serving on a City Yes board? Have you served on a City board in Yes the past? If "yes", which Planning a Development Board & Current Alternate of the Education and Youth board(s) and Advisory Board. when? Wishing to be appointed as a regular board member for the Education and Youth 1 Page 22 of 960 Advisory Board. Have you ever been convicted of a No crime? If "yes", when and where? Advisory Board Education and Youth Advisory Board Personal See attached resume Qualifications Professional See attached resume Memberships Feel free to attach/upload an www 123contactforni.com!upload_dld.php?fileid=Ob0716lb938ldle5e495cll866a02707 extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.0.244.176 (United States) at 2016-12-09 15:51:05 on Chrome 54.0.2840.99 Entry ID: 195 Referrer: www.boynton-beach.org/officials/advisory boards.php 2 Page 23 of 960 GregorY L. JWuryhy, ,Jr. Phone: 561-436-6670 - MURPHYGL@Vahoo.com EDUCATION Nova Southeastern University, Ft. Lauderdale, FL Masters of Science in Education, Specialization: Ed. Leadership/Program Administration Bethune-Cookman University, Daytona Beach, FL Bachelor of Science in Educational Studies, Specialization: Social Science Education PROFESSIONAL EXPERIENCE School District of Palm Beach County Lake Worth Community High School August 2016 — Present Teacher—Social Science 9-12 • Committees: o Professional Development Committee and Presenter o School Improvement Committee o AVID Site Team Village Academy School August 2010 —June 2016 Teacher—Social Science 8-12 • Committees: o SAC Chair — FY 16 o School -wide Positive Behavior o AVID Site Team Support Committee o Testing Committee o School Activities Committee o Graduation Committee o EBC Committee, Elected Responsibilities: • Courses taught: American History, World History, Economics, Government, AP Human Geography and AP American History, AVID 2 Elective • Monitor and track student mastery of content standards • Created and implemented differentiated Instruction built to student need. • Desegregated, interpreted and analyzed data for curriculum/remediation needs. • Increased levels of rigor and relevance in curriculum. • Developed, implemented and monitored Instructional action plan. • Infused AVID strategies into standard based curriculum. • Collaborated with ELA/Reading to Infused Reading/ELA strategies into Social Science curriculum. The Juvenile Transition Center, Inc. Assistant Director/ Program Monitor June 2010 — Present Responsibilities: • Conduct Site Reviews and Site Visits. • Monitor site productivity. • Oversees & manages grant compliance (21st CCLC; Afterschool Meals & Summer Food Service Program). • Desegregate, analyze and report findings from program data. • Supervise instructional/non instructional staff, • Manage program financials. • Manage the day-to-day operation. • Oversees ordering and disbursements. • Plan and facilitate professional development. • Monitor student attendance. • Evaluate instructional & non instructional job performance. • Analyzed project based learning lesson plans. • Communication liaison between schools and community. Page 1 of 2 Page 24 of 960 PROFESSIONAL TRAININGS/WORKSHOPS ❖ Content Literacy Strategies Designation (CLS) ❖ Marzano-Administrative Observation Certification, Part 1 ❖ FLDOE: Common Core Training ❖ Subject Matter Presentation Workshop Writing Cross -Curricular Strategies Workshop ❖ Reading Cross -Curricular Strategies Workshop ❖ Advancement Via Individual Determination (AVID) Path to Schoolwide Implementation Training 2016 ❖ Advancement Via Individual Determination (AVID) Summer Institute 2012/2014 ❖ College Board: Advance topics for vertical teams in Social Studies — Developing Reading Habits ❖ College Board: Advance Topic for vertical teams in Social Studies Workshop — Writing Strategies ❖ College Board: Advance Placement Conference: Human Geography ❖ College Board: Advance Placement Conference: United States History d• SDPBC: Human Growth and Development Training ❖ SDPBC: "Do The Write Thing" Coordinators Training SDPBC: Middle School Credit Recovery — Veterans Training The Gilder Lehrman Institute of American History Workshop White House Initiative on Education Conference 2014/2015 UNCF National Educational Leadership Conference ❖ UNCF Educational Leadership Summit ❖ Embry Riddle Aeronautical University Leadership Enhancement Program Conference PROFESSIONAL ACTIVITIES ❖ Alpha Phi Alpha Fraternity, Inc. o Deputy Area Director -Current Phi Mu Alpha Sinfonia Fraternity of America, Inc. o Collegiate Province Representative — 2010-2011 United Negro College Fund o National Alumni Council Vice President for Public Relations — 2012-2016 o National Pre -Alumni Council Vice President -208-209 ❖ City of Boynton Beach, FL o Planning and Development Board — 2014 o Heat of Boynton Revitalization Committee — 2016 o Dr. Martin Luther King Celebration Committee — Co -Chair ❖ The Juvenile Transition Center, Inc. o 21st Century Advisory Board Member, Chair ❖ Bethune-Cookman University, Southern Association of Colleges and Schools (SACS), Committee Representative o Quality Enhancement Plan, Steering Committee Member o Institutional Effectiveness Committee o Enrollment Management Subcommittee ❖ Community Learning Center East (Dropout Prevention) o Motivational Speaker COMMUNITY INVOLVEMENT ❖ St. John Missionary Baptist Church ❖ Brides at Boynton / Pathways to Prosperity ❖ DayStar Academy of Excellence, Volunteer/Tutor ❖ Voter Precinct, Certified Register RUERENCES Available upon request Page 25 of 960 CITY OF BOYNTON BEACH 'Irl j- ADVISORY BOARD APPOINTMENT APPLICATION Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Address d%�.+.0 faLevi i vi Fii ivi e_ • • ^ R _f4 Vii, N Are you a registered voter? Yes o Do you reside within the Boynton Beach City limits? No Do you own/manage a business within the City limits: YeS No If "yes", name of business Are you currently serving on a City board? Yes o Have you served on a City board in the past? Yes o If so, which board(s) and when? - G 5 \n cen 1 Have you ever been convicted of a crime? Where Please indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities and meeting times and dates, see pages 3 and 4 attached. Arts Commission Building Board of Adjustment & Appeals Community Redevelopment Advisory Board Education and Youth Advisory Board Employees' Pension Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board S:\CC\WP\BOARDS\Applications\Master Form - Talent Bank Form - REVISED 11-9-16.doc Library Board Planning & Development Board Police Officers' Retirement Trust Fund ✓Recreation & Parks Board Senior Advisory Board Page 26 of 960 What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. Pr "16 M* r4- 5c" nTO'1 F.2� -Pz� 30 vane lcz)zN\.-end nn Fd -V I. 'tel siE�: � r ma t A MF1 F T- AW 1 / Please list any professional memberships: *_ Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. O. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. Signature: S:\CC\WP\BOARDS\Applications\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 27 of 960 CITY OF • ADVISORY BOARD APPOINTMENT APPLICATION ATO H 6 Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Name -14 7�_ /_-, og - Gender: Telephone # Address.� �1 d /�Zip Code Other E-mail Address: 6y, C� �� �,�" fC i . IVY! _ Phone: Current occupation or prior occupa;ion: Educati Are you a registered voter? V es No Do you reside within the Boynton Beach City limits? Yes Do you own/manage a business within the City limits: Yes No If "yes".name of business Are you currently serving on a City board? V Yes No Have you served on a City board in the past? Yes No ,q I _ If so, which board(s) and when? Have you ever been convicted of a crime? If so, when ,V/ Where Please indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities and meeting times and dates, see pages 3 and 4 attached. Arts Commission Building Board of Adjustment & Appeals Community Redevelopment Advisory Board Education and Youth Advisory Board Employees' Pension Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board 5:\CC\WP\BOARDS\Applications\Master Form - Talent Bank Form - REVISED 11-9-16,doc Library Board Planning & Development Board Police Officers' Retirement Trust Fund Recreation & Parks Board Senior Advisory Board E 6 _3309 I . � 310 Page 28 of 960 What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or orgaoization) which you, feel wopid make you a good candidate for this board? Please bespecific. Please list any professional memberships: -T �42 Z- I 17482,111kka al_,4 .5-� ger�A Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. 0. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. S:\CC\WP\BOARDS\Applications\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 29 of 960 CITY OF • • °x aADVISORY BOARDAPPOINTMENT ro N Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will bbee returned for clarification. Alorm Name Jf li�� Gender: I— C 4 Telephone # le_ � �y �p Ad r E-mail Address: 'Si (V(*)et-," Current occupation or prior occupation: A FL Zip Code &� �J Other ISI r -f z ma (. C°Uvr, Phone: 54 1 _767 (p-760- S--Qdc.-,, n4 Education r d e t Ll 2V SnrrWdOen I � &ro I bd rZ� Tn I ►m 6eack Are you a registered voter? Yes No Do you reside within the Boynton Beach City limits? _Yes No Do you own/manage a business within the City limits: Yes _1. ^ No If "yes", name of business Are you currently serving on a City board? Yes No Have you served on a City board in the past? Yes c If so, which board(s) and when? C.: Have you ever been convicted of a crime? 1 V lam;; If so, when Where Please indicate which advisory board you are seeking appointment. For board listing, requirements, re po ities and meeting times and dates, see pages 3 and 4 attached. Arts Commission . Library Board Building Board of Adjustment & Appeals Planning & Development Board Community Redevelopment Advisory Board Police Officers' Retirement Trust Fund 1_ Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board S:\CC\WP\BOARDS\Applications\Master Form e Talent Bank Form - REVISED 11-9-16.doc Page 30 of 960 What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. Imo. i..' �. 1 ♦ L l�' w► _ 1♦ /' d " iI` 4+ Please4 4C cr� AC4 vlst)�kq 'I-, 4(d �s-. professional mem•- • Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. O. Box 310, Boynton Beach, FL 33425-0310. It Will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. Signature: S:\CC\WP\BOARDS\Applications\Master Form - Talent Bank Form - REVISED 11-9-16.doc Date:_, )Ii l I U0 Page 31 of 960 CITY OF • • ADVISORY BOARD APPOINTMENT APPLICATION Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Name__CC�' Gender: Ah Telephone # 5�� ' �7�j'2 Z l 1 Address C (O 0 E-mail Address: Current occupation or prior occupation: Educati 14� .moi, Are you a registered voter? Do you reside within the Boynton Beach City limits? Do you own/manage a business within the City limits: If "yes", name of business Are you currently serving on a City board? Have you served on a City board in the past? If so, which board(s) and when? Have you ever been convicted of a crime? o If so, when Where KYes Yes Yes Yes Yes p Code_ a � 5.- Other one: t4-3(�`2�1f> 17 No No ms No No No Please indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities and meeting times and dates, see pages 3 and 4 attached. Arts Commission Library Board Building Board of Adjustment & Appeals 0 yu 0041 �� Planning & Development Board Community Redevelopment Advisory Board GUrr� �- � P ry Police Officers' Retirement Trust Fund Education and Youth Advisory Board Recreation & Parks Board Employees' Pension Board Senior Advisory Board Firefighters' Pension Trust Fund se,�r V L a Golf Course Advisory Committee 0c, V ;M k ✓"' t t , Historic Resources Preservation Board S:\CC\WP\BOARDS\Applications\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 32 of 960 What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. C. -t �,¢ d Please list any professional memberships: Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. O. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. Signature: Date: S:\CC\WP\BOARDS\Applications\Master Form - Talent Bank Form - REVISED 11-9-16.doc Page 33 of 960 CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Authorize, by three separate resolutions, the City Manager to sign and execute three, one year agreements, each with two, one-year renewals for American Sign Language interpreting services beginning on January 1, 2017 and ending on December 31, 2017 to be used on a "AS NEEDED BASIS". PROPOSED RESOLUTION NO. R16-166 - Gulfstream Goodwill Industries Deaf Services of West Palm Beach, FL; PROPOSED RESOLUTION NO. R16-167 - The WAG Group of West Palm Beach, FL; and PROPOSED RESOLUTION NO. R16-168 - Nationwide Interpreter Resource, Inc. of Boca Raton, FL EXPLANATION OF REQUEST: In compliance with the Americans with Disabilities Act, providing an American Sign Language interpreter for individuals who are Deaf is one of many ways the City is ensuring equal access to programs, services and activities provided by the City. In January 2016, the City entered into a one-year agreement with each of these agencies; the City has found that there is an overall benefit and positive impact to providing interpreting services for the Deaf in our community. Interpreters assisted with communication in the following ways: • Jupiter High School Deaf & Hard of Hearing students made a presentation to the Boynton Beach Police Department regarding effective communication with a person who is Deaf. • City staff, along with the Palm Beach County Special Needs Shelter Manager, conducted a Hurricane Preparedness Workshop for the Palm Beach County Association of the Deaf. • Several residents requested an interpreter for the Town Hall meeting held in Leisureville. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Based on the response received from the Deaf community, we expect to provide interpreters on a more regular basis in FY2016/2017. We will continue to provide interpreters at each of the quarterly Town Hall meetings; we also plan to conduct a hurricane preparedness workshop for the Palm Beach County Association of the Deaf in April 2017 and with proper notice, will provide interpreters upon request at any City event or meeting. FISCAL IMPACT. Budgeted On November 3, 2015, the City Commission approved changes to Ordinance 15-029 amending Section 14-9, "Disabled Parking Space Violation" providing two-thirds of the fines collected to be used to improve accessibility and equal opportunity to qualified physically disabled persons in the City. The fines collected will provide the funding for the use of interpreters as needed or requested by the City. For calendar year 2016 the City spent approximately $3,400 between all three vendors. ALTERNATIVES: Not approve the interpreter agreement; however, under the Americans with Disabilities Act, "communication barriers must be eliminated that prevent individuals with disabilities from enjoying equal opportunity to Page 34 of 960 participate in and benefit from programs services and activities of local government entities." STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Gulfstream Goodwill Industries, Inc. /The WAG Group/ Nationwide Interpreter Resource, Inc. START DATE: 1/1/2017 END DATE: 12/31/2017 CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Resolution D Agreement D Agreement Description Resolution approving Agreement with Gulfstream Goodwill Industries for American Sign Language Resolution approving Agreement with The WAG Group for American Sign Language Resolution approving Agreement with Nationwide Interpreter Resources for American Sign Language Gulfstream Goodwill Deaf Services The WAG Group Agreement Page 35 of 960 REVIEWERS: Department City Manager Finance Legal City Manager Nationwide Interpreter Resource, Inc, Agreement Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 12/8/2016 - 11:52 AKA 12/8/2016 - 12:28 IIIA 12/8/2016 - 4:19 IIIA 12/12/2016 - 8:08 AM Page 36 of 960 1 RESOLUTION NO. R16- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 6 ONE YEAR AGREEMENT WITH GULFSTREAM GOODWILL 7 INDUSTRIES DEAF SERVICES FOR INTERPRETING SERVICES FOR 8 SPECIAL EVENTS BEGINNING ON JANUARY 1, 2017 AND ENDING 9 DECEMBER 31,2017; AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, having an interpreter for individuals who are Deaf is one of many ways 13 the City is ensuring equal access to programs, services and activities provided by the City; and 14 WHEREAS, Gulfstream Goodwill Industries Deaf Services will provide interpreting 15 for meetings, public hearings, programs, etc., as well as events hosted by the City on an "as 16 needed" or "as the city requests" basis; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be 18 in the best interests of the citizens and residents of the City of Boynton to approve and 19 authorize the City Manager to sign a one year Agreement with Gulfstream Goodwill Industries 20 Deaf Services for interpreting services for special events beginning on January 1, 2017 and 21 ending on December 31, 2017. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby approves and authorizes the City Manager 28 to sign a one year Agreement with Gulfstream Goodwill Industries Deaf Services for C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\14AF4599-4B8D-4E58-BADC-4A92DCB04DA9\Boynton Beach. 4627.1. Gulfstream_Goodwill_Ind_-_Interpreting_Services(2017)_-_Reso. Doc Page 37 of 960 29 interpreting services for meetings, public hearings, programs, etc., as well as special events 30 beginning on January 1, 2017 and ending on December 31, 2017, a copy of which is attached 31 hereto as Exhibit "A. 32 Section 3. This Resolution shall become effective immediately upon passage. 33 34 PASSED AND ADOPTED this day of , 2016. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\14AF4599-4B8D-4E58-BADC-4A92DCB04DA9\Boynton Beach. 4627. 1. Gulfstream_Goodwill_Ind_-_Interpreting_Services(2017)_-_Reso. Doc Page 38 of 960 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. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A ONE YEAR AGREEMENT WITH THE WAG GROUP FOR INTERPRETING SERVICES FOR SPECIAL EVENTS BEGINNING ON JANUARY 1, 2017 AND ENDING DECEMBER 31, 2017; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, having an interpreter for individuals who are Deaf is one of many ways the City is ensuring equal access to programs, services and activities provided by the City; and WHEREAS, The WAG Group will provide interpreting for meetings, public hearings, programs, etc., as well as events hosted by the City on an "as needed" or "as the city requests" basis; and WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City of Boynton to approve and authorize the City Manager to sign a one year Agreement with The WAG Group for interpreting services for special events beginning on January 1, 2017 and ending on December 31, 2017. 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 hereby approves and authorizes the City Manager to sign a one year Agreement with The WAG Group for interpreting services for meetings, C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\FECOD578-9741-4363-BE21-61B3811C185C\Boynton Beach. 4628.1.The WAG Group_ -_Interpreting_ Services(2017)_-_Reso.Doc Page 39 of 960 29 public hearings, programs, etc., as well as special events beginning on January 1, 2017 and 30 ending on December 31, 2017, a copy of which is attached hereto as Exhibit "A. 31 Section 3. This Resolution shall become effective immediately upon passage. 32 33 PASSED AND ADOPTED this day of , 2016. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\FECOD578-9741-4363-BE21-61B3811C185C\Boynton Beach. 4628.1.The WAG Group_ -_Interpreting_ Services(2017)_-_Reso.Doc Page 40 of 960 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A ONE YEAR AGREEMENT WITH NATIONWIDE INTERPRETER RESOURCE, INC. FOR INTERPRETING SERVICES FOR SPECIAL EVENTS BEGINNING ON JANUARY 1, 2017 AND ENDING DECEMBER 31,2017; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, having an interpreter for individuals who are Deaf is one of many ways the City is ensuring equal access to programs, services and activities provided by the City; and WHEREAS, Nationwide Interpreter Resource, Inc. will provide interpreting for meetings, public hearings, programs, etc., as well as events hosted by the City on an "as needed" or "as the city requests" basis; and WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the citizens and residents of the City of Boynton to approve and authorize the City Manager to sign a one year Agreement with Nationwide Interpreter 20 Resource, Inc. for interpreting services for special events beginning on January 1, 2017 and 21 22 23 24 25 26 27 28 ending on December 31, 2017. 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 hereby approves and authorizes the City Manager to sign a one year Agreement with Nationwide Interpreter Resource, Inc. for interpreting C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\E6AFEC40-3DDE-40C4-9647-531C32F7CF16\Boynton Beach. 4629.1.The Nationwide_Interpreter_Resource_-_Interpreting_Services(2017)_-_Reso.Doc Page 41 of 960 29 services for meetings, public hearings, programs, etc., as well as special events beginning on 30 January 1, 2017 and ending on December 31, 2017, a copy of which is attached hereto as 31 Exhibit "A. 32 Section 3. This Resolution shall become effective immediately upon passage. 33 34 PASSED AND ADOPTED this day of , 2016. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\E6AFEC40-3DDE-40C4-9647-531C32F7CF16\Boynton Beach. 4629.1.The Nationwide_Interpreter_Resource_-_Interpreting_Services(2017)_-_Reso.Doc Page 42 of 960 1715 Tiffany Drive East West Palm Beach, FL 33407 Goodwill s TEL: 561.848.7200 FAX: 561.848.0346 Gulfstream Goodwill Industries, Inc. TDD: 561.848.3806 www.gulfstreamgoodwill.com Agreement between the City of Boynton Beach & Gulfstream Goodwill Industries Deaf Services This agreement is in effect from January 1, 2017 thru December 31, 2017, and may be extended with both parties approval for up to two (2) additional, one (1) year terms for the calendar years of 2018 and 2019; and this agreement will be amended prior to the extension. The City of Boynton Beach agrees to pay an initial fee of $150.00 per hour for up to two (2) hours and $70.00 each additional hour for interpreting services for the Deaf. As well as mileage and parking costs. The standard charges for mileage at 57.7 cents per mile will apply. Any assignment that is beyond two (2) hours for a legal; conference; political; public hearing; theatrical or stage or an audience of multiple Deaf participants will require two interpreters. Payments will be billed to the client and payment will be paid upon receipt and will be paid within ten business days from the time of receipt of billing statement. Cancellation of an assignment with less than two (2) full business days (M -F) will be billed at 50% of the two (2) hour minimum charge to the client. Assignment cancelled one (1) day to the day of service will be billed in full. Any consultant work beyond providing resources will be billed at $150.00 an hour. Resources are always free services that Gulfstream Goodwill Industries are happy to share. Gulfstream Goodwill Deaf Services Director, Beth Wagmeister is available to provide workshops and conduct seminars to different departments, agencies and other business' etc. to the City of Boynton Beach to better help understand cultural sensitivity issues and protocol of Deaf consumers in our community. We here at GGI Deaf Services are looking forward to putting The City of Boynton Beach on the map of being a Deaf friendly community. All of the monies paid to Gulfstream Goodwill Industries Deaf Services will be used to support programs for the Deaf community. Gulfstream Goodwill has 28 different programs to assist people with disabilities and other barriers to employment to become self-sufficient, working members of our community. Date Date Beth Wagmeister, Director Deaf Services Lori LaVerriere, City Manager Page 43 of 960 WAG G R 0 U lir CONNECTING PEOPLE, PLACES AND THINGS ... INTERPRETING AGREEMENT This agreement between The City of Boynton Beach and The WAG Group, a Florida Corporation, for professional American Sign Language interpresting services to be provided by The WAG Group. The services hired are for The Wag Group to provide professional ASL interpreteing services, as needed* and requested by the City of Boynton Beach at the agreed upon rate of $150.00 per hour, with a two hour minimum, per event, per interpreter, and a rate of $70.00 per hour for every hour thereafter**. Additionally, The WAG Group will invoice The City of Boynton Beach for expense including mileage for events outside Palm Beach County, parking costs, admission to contracted events. The WAG Group will contract each event as requested and invoice on a per event basis, as hours and expenses are incurred. Cancellation of an assigned event less than two (2) business days will be billed out at 50% of the 2 hour minimum contracted price for as many interpreters that had been contracted. This agreement is in effect from January 1, 2017 thru December 31, 2017, and may be extended with both parties approval for up to two (2) additional, one (1) year terms for the calendar years of 2018 and 2019. And this agreement will be amended prior to the extension. This agreement may be terminated by either party at any time with thirty (30) days written notice. Any monies due to The WAG Group at the time of termination will be due in full within 30 days of termination. The WAG Group will not be held responsible for the content of any and all presentations / conversations that our interpreters may be hired to interpret for The City of Byonton Beach. 31 2 Greenbrier A I West Palm Beach, Florida 33417 1 305 720-4225 1 inrstevewag I @aol.com Page 44 of 960 Boynton Beach WAG G R 0 U lir CONNECTING PEOPLE, PLACES AND THINGS ... Agreement, January 1— December 31, 2017 -2- Balance Due in U.S. Dollars only by Corporate Check, Cashier's Check, or Money Order within 30 days of billing. Unpaid balances will incur an interest rate equal to 1% per month on any unpaid balance. *Any event lasting for more that two (2) hours will facilitate the need of at least two (2) interpreters, and may require more interpreters, depending on the scope of the event, and by mutual agreement between the City of Boynton Beach and The WAG Group. **Additonal time to be billed at full hour rates. *** Interpreters CANNOT BE GUARANTEED UNTIL WE RECEIVE A SIGNED EVENT AGREEMENT for the individual event. I have read, acknowledge, and agree to the terms and conditions of this agreement between The City of Boynton Beach and The WAG Group. Signature (for the City of Boyton Beach ) s� G Val Signature (for The WAG Group) Date Approved As To Form: City Attorney Zvm4i 9, 2016 Date 312 Greenbrier A I West Palm Beach, Florida 33417 1 305 720-4225 1 mrstevewag1@aol.com Page 45 of 960 S.i1LV.C1'Cei N r Src; L %N( ,wE ImEf ranNG SErrNR ES - SINCE 1997 www. Nationwidel nterpreledlesoUI'M coeri P.O. Box 272142 Boca Raton, FL 33427 PH4:561-362-0594 FX: 561-362-9785 Nl&( InterPreterResource.com Contract for Interpreting Services The undersigned client(s) (hereafter "client") hereby retains Nationwide Interpreter Resource, Inc. (NIR), as his/her/their sign language interpreting service agency for a period of one year starting January 1, 2017 and ending December 31, 2017 with option for two, one year renewals. While NIR will use its best efforts to provide qualified interpreter to client when requested, NIR cannot guaranty the availability of an interpreter at the date and time requested. Client will provide NIR with as much advance notice as possible to help assure the availability of an interpreter. As compensation for interpreting services, client agrees to pay an initial fee of $160.00 per interpreter for up to two (2) hours and $80.00 each additional hour, plus mileage at 0.575 per mile and parking fees (billed on the r/z hour). For emergency (less than 24 business hour notice), weekend and after hours (before 9am or after 5 pm) and Tri -Lingual assignments, Client agrees to pay an initial fee of $190.00 per interpreter for up to two (2) hours and $95.00 each additional hour, plus mileage at 0.575 per mile and parking fees (billed on the r/z hour). Client will be billed for total number of hours requested. Assignments beyond two (2) hours OR conference/legal/political/public hearing setting or HOA meeting or theatrical/stage or multiple deaf participants or deaf/blind require two (2) interpreters. The fee shall be due and payable under all circumstances unless the assignment is canceled in the manner described below. Client will be billed following the assignment for interpreting services incurred. Client agrees that the invoices will be paid upon receipt and otherwise not beyond ten (10) days of the date of the invoice. Payment should be mailed to the address indicated above at any other address provided to the client by NIR. Prices stated are subject to change without notice. If services are rendered after price increase, Client is obligated to pay fee. Cancellation of assignments with less than two (2) full business days (Monday through Friday, 9:00am-5:00pm) notice will be billed at fifty percent (50%) of the two (2) hour minimum charge to the client. For example: a Monday assignment at 9:00 am must be canceled by Thursday at 9:00 am of the prior week. Assignments canceled less than one (1) business day prior to the assignment will be billed in full. For example, a Monday assignment at 9:00 am not canceled by Friday at 9:00 am of the prior week will be billed for the entire time of the assignment. In the event any collection efforts are commenced and NIR incurs attorneys fees and costs, such attorneys fees and costs shall be obligation of Client whether incurred in litigation or otherwise. Balances that remain unpaid after ten days from the date of the invoice shall bear interest at the rate of 18% pre annum. Any attorney fees and costs incurred in collection of delinquent sums shall be borne by Client. Nationwide Interpreter Resource, Inc. 3 June B. Backer, as its President only Client: City of Boynton Beach Signature: Print Name: Date: 11/17/16 Date: Page 46 of 960 M CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-169 - Approve and authorize signing of an Agreement for Water Service outside the City limits with 4730 Hypoluxo Road LLC for property at 4730 Hypoluxo Road, Lake Worth, FL 33463 EXPLANATION OF REQUEST: The property covered by this Agreement is located in the unincorporated Palm Beach County area outside of the City limits in our water service area west of Military Trail, south of Hypoluxo Road. The property is vacant land approved for development. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City is able to provide water and sewer to the property. The owner agrees to be responsible for all costs to provide services to the owner's premises. No additional construction is required by the City to serve this property. FISCAL IMPACT. Customers outside the City limits pay an additional 255 surcharge above the rates charged to customers within the City. ALTERNATIVES: Deny request to provide service. If service is denied the Consumptive Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has restriction #19 that states "The Permittee shall notify the District within 30 days of any change in the service area boundary. If the Permitee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction." Although it is highly unlikely that refusual to serve one property would trigger modification or reduction of the annual allocation, this provision should be noted. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 47 of 960 Grant Amount: ATTACHMENTS: Type D Agreement D Attachment REVIEWERS: Department Utilities -Customer Service Finance Legal City Manager Description Resolution approving Water Service Agreement with 4730 Hypoluxo Road LLC wsa agreement wsa backup Reviewer Action Groff, Colin Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 12/9/2016 - 9:23 AM 12/9/2016 - 10:13 AM 12/9/2016 - 4:31 PPA 12/12/2016 - 8:16 AM Page 48 of 960 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO SIGN AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND 4730 HYPOLUXO ROAD LLC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 4730 Hypoluxo Road, Lantana, FL 33462 (Parcel Control Number 00-42-45-12-34-001-0000); and WHEREAS, the parcel covered by this agreement is located in the unincorporated Palm Beach County portion of the City's utility service area; and WHEREAS, the property historically receives water from a well and the owner requests that the City provide potable water in the future; and WHEREAS, no additional construction is required by the City to serve this property. 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 hereby authorizes and directs the City Manager to sign a Water Service Agreement between the City of Boynton Beach, Florida and 4730 Hypoluxo Road LLC., a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\865AA457-5969-4D7F-A2C8-D147E5406152\Boynton Beach. 4648.1.4730_Hypoluxo _Road _WSA-_Reso.docx Page 49 of 960 30 PASSED AND ADOPTED this day of , 2016. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\865AA457-5969-4D7F-A2C8-D147E5406152\Boynton Beach. 4648.1.4730_Hypoluxo_Road _WSA-_Reso.docx Page 50 of 960 THIS AGREEMENT made on this 6 TH day of Deember , 201 6, by and between 4730 Hypoluxo, LLC (Name of Corporation), hereinafter called the "Customer", and the CITY OF BOYNTON BEACH, a municipal corporation of the State of Florida, hereinafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Custol 11roperty; and lilriill I; iat"IF11 J 101 11V P1 U1V1-LJ LU VIZ at the earliest practicable time. i — 4 4 4 111-M!11�111�11� J)"J[♦ , 4111K3 IN! IZ - -w Yffivt ra-VAIVIVAY W -TVm.LW3-: cr auyr, and the Customer, his heirs, successors and assigns, agree as follows: I'd W* Owl Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are I Equivalent Residential d" Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be relble for installation in All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work zeccssa-f tv ot-Aft?m the li-.w3,*r the City m;iy.%w,,e tie w*rk- 7,erf*-.yn-6t *rl �,,5111alf IT the C-fStfuler, -rM Page 51 of 960 Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to the City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. 9. Annexation is intended to be and is hereby made a covenant running with the land described in paragraph 1 above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and shall be binding on the Customer and all subsequent transferee, grantees, heirs, successors and assigns. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City's reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages, law 0) Page 52 of 960 suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. k1 Page 53 of 960 SS: FOR CORPORATE NOTARIZATION: STATE OF-F/ap-Aq— )ss: COUNTY OF 8.f MMMTOWW" {CORPORATE SEAL} I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State =Lz��aforesaid to take acknowledgments, personally appeared s Attfielapy, of 11vildia 'q LkO-,namedinffie foregoing agreement and that he/she ackn6wledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him/her by said Corporation and that the Corporate seal affixed thereto is the true corporate seal of said Corporation. Witness my hand and official seal in the County and State last aforesaid this day of 201. TOTARY PUBLIC Printed Name My Commission Expires: Page 54 of 960 CITTOF BOYNTON BEACH ArO NAME) CITY OF BOYNTON BEACH, FLORIDA, a Florida municipal corporation LN Lori LaVerriere, City Manager City Cleric (SEAL) Approved as to Form: City Attorney STATE OF FLORIDA } )ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Lori LaVerriere, City Manager and City Clerk respectively, ofthe City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of 201—. (Notary Seal) My Commission Expires: Page 55 of 960 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Corporate Representative) STATE OF FLORIDA I, Alex Daszkal as Corporate Representative of 473 H, y - C— Iter "Grantee", hereby make, constitute, and appoint .]golux( ,L.,L ,.hereina THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. This power shall extend to the CITY OF BOYNTON BEACH M and complete authority to act on Grantee's behalf to accomplish annexation by any available means. The real property which is the subject of this power is described as follows: 0 4 The powers and authority of my attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the 6' day of December � 2016 and the powers and authority shall be irrevocable by Grantee. Page 56 of 960 IN WITNESS WHEREOF, we have hereunto set our hands and seals the AA day of in the year 20 Sealedand delivered in the presence of Corporation Name: wiiness Signkffe By: i Print Name STATE • OF Print Name and Title: ATTEST /V Secretary Corporate Seal: My Commission Expires: 9ACA\AGMTS\Water ServiccTower of Attorney -Corp. 1-6-06.doc H:119901900182.BB\AGMTNPowerofAttomey-Corp 1-6-06.doc Page 57 of 960 12(712016 Detail by Entity Name J, i plepagon, -0 w# / 2LWM-Qf__ _° rata I akgmLagg� I IIWPWL54-u� . ast arNt i ter I Detail by Entity Name AMlhgrized PerjgX6,LQekal1 Name & Address WrimiliM F E T M TO re MW I 11ASZKAL, DAVID C900 HYPOLUXO ROAD BOYNTON BEACH, FL 3343-1 Dws�wuq or CORPORATPONS to - , . MMOT-ilelm Exer a r v f V f k ry I i r Horvl t E-, n, pit iit) n Property Appraiser (A a r) Location Address 4730 HYPOLUXO RD Municipality UNINCORPORATED Parcel Control Number 00-42-45-12-34-001-0000 Subdivision DAZCO CENTER Official Records Book Page Sale Date Legal Description DAZCO CENTER PAR A KJA ALL OF PLAT Mailing address Owners 3900 HYPOLUXO RD 4730 HYPOLUXO LLC BOYNTON BEACH FL 33436 8508 No Sales Information Available. No Exemption Information Available. Number of Units Use Code 1000 - VACANT COMMERCIAL Tax Year 2016 Improvement Value $0 Land Value $0 Total Market Value $0 Tax Year 2016 Assessed Value Exemption Amount Taxable Value Tax Year Ad Valorem Non Ad Valorem Total tax *Total Square Feet 0 2.015 2014 $0 $0 $0 All values are as of January 1st each year 2015 $0 $0 $0 $0 $0 $0 2015 $0 $o $0 2014 so $0 2014 $0 $0 $0, PAPA Maps Search Search Results Detail Owners 4730 HYPOLUXO LLC Property detail Location 4730 HYPOLUXO RD Municipality UNINCORPORATED Parcel No. 00424512340010000 Subdivision DAZCO CENTER Book Page Sale Date 3900 HYPOLUXO RD Mailing Address BOYNTON BEACH FL 334368508 Use Type 1000 - VACANT COMMERCIAL Total 0 Square Feet No Sales Information Available. Tools Layers PH nt Messages Instructional videos http://www.pbcgoy.com/papa/Asps/papagis/papagis.aspx?qvalue=O- Page 60 of 960 6.C. CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-170 -Authorize the City Manager to sign the Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Matthew between the City of Boynton Beach and State of Florida, Division of Emergency Management. EXPLANATION OF REQUEST: To be eligible to receive disaster relief funding through the Federal Emergency Management Agency (FEMA), the agreement must be executed with the State of Florida because all federal disaster relief funding is distributed to the State then passed on to local municipalities who qualify. FEMA's Public Assistance program is a federal grant to aid state and local governments in returning a disaster area to pre -disaster conditions. On October 8, 2016, President Barack H. Obama issued a major disaster declaration designated FEMA -4283 -DR - FL for the State of Florida as a result of Hurricane Matthew. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By executing the agreement, the City is eligible to receive federal financial assistance for cost incurred due to Hurricane Matthew. FISCAL IMPACT: Expenditures that occurred as a result of Hurricane Matthew may be eligible for federal financial assistance. A minimum of 75% of eligible costs is provided to primarily address the repair and restoration of public facilities, infrastructure, or services which have been damaged or destroyed. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 61 of 960 Type D Resolution D Agreement D Attachment REVIEWERS: Department Finance Finance Legal City Manager Description Resolution approving Disaster Relief Funding Agreement Matthew Funding Agreement Instructions Funding Agreement Reviewer Action Howard, Tim Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 12/14/2016 - 12:51 IIIA 12/14/2016 - 12:51 IIIA 12/15/2016 - 10:36 ANA 12/15/2016 - 10:51 ANA Page 62 of 960 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 RESOLUTION NO. R16- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A DISASTER RELIEF FUNDING AGREEMENT FOR FEDERAL AND STATE ASSISTANCE FOR HURRICANE MATTHEW BETWEEN THE CITY OF BOYNTON BEACH AND STATE OF FLORIDA, DIVISION OF EMERGENCY MANAGEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, FEMA's Public Assistance program is a federal grant to aid state and local governments in returning a disaster area to pre -disaster conditions; and WHEREAS, to be eligible to receive disaster relief funding through the Federal Emergency Management Agency, (FEMA), the agreement must be executed with the State of Florida since all federal disaster relief funding is actually distributed to the State and then passed down on to local municipalities who qualify; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to execute a Disaster Relief Funding Agreement between the City of Boynton Beach and the State of Florida, Division of Emergency Management for assistance with Hurricane Matthew. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the execution by the Mayor and City Clerk of a Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Matthew, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\C79F3E73-2EE0-4973-B484-510CC56B5846\Boynton Beach.4711.1.FEMA Disaster Relief Funding Agreement (Matthew)_-_Reso.doc Page 63 of 960 1 PASSED AND ADOPTED this day of , 2016. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\C79F3E73-2EE0-4973-B484-510CC56B5846\Boynton Beach. 4711.1. FEMA—Disaster—Relief—Funding Agreement (Matthew)_-_Reso.doc Page 64 of 960 Contract Number: 17 -PA -U5-10-60-01-006 Subgrantee/Subrecipient: Boymton Beach, City of FIPS/PAID Number: 099-07875-00 HURRICANE MATTHEW DISASTER DECLARATION (FEMA -4283 -DR -FL) Federally Funded Public Assistance State Agreement THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, whose headquarters is in Tallahassee, Leon County, Florida (hereafter referred to -s the "Grantee/Recipient"), and: (hereinafter referred to as the "Subgrantee/�ubrecipient'). 'ITAEREAS, On October 8, 2016, President Barack H. Obama issued a Major Disaster Declaration designated FEMA -4283 -DR -FL for the State of Florida as a result of Hurricane Matthew; and WHEREAS, The Declaration, as amended, authorizes Public Assistance funding for eligible disaster recovery efforts in Bradfbrd, Brevard, Clay, Duval, Flagler, Indian River, Lake, Martin, Nassau, Palm Beach, Putnam, Seminole, St. Johns, St. Lucie, and Volusia Counties. WHEREAS, KAI low I WFIC0, dF11 L110 L 6 4 riustei 1"11515, n"a"Mpraw, with its Subgrantees/Subrecipients; and WHEREAS, The Subgrantee/Subrecipient is located in the affected area and appears to have sufferei eligible damage; now THEREFORE the Grantee/Reci.�ient and the Su o7a rantee/Subrecl.�*ient as evidenced b�y, th execution of this document by affixing the signatures of the parties' authorized representatives below, agree to the following: 1) DEFINITIONS. a. As used in this Agreement, the following terms have the following meanings unless another meaning is specified elsewhere: i. Agreement Sum: is the Grantee's/Recipient's amount of reimbursement to the Subgrantee/Subrecipient for its verified expenses, subject to the scope of work identified in the Project Worksheet for Small and/or Large Projects. ii. Eligible activities: are those activities authorized in the FEMA -State Agreement (located in FloridaPA.org on the main Disaster Summary Page 11101 1 � Oil Page 65 of 960 iii. FEMA - State Agreement: is the agreement executed October 12, 2016, and amended from time to time, between the FEMA and the State of Florida, for a presidential major disaster declaration designated FEMA - 4283 -DR -FL. iv. Large Project Threshold: When the approved estimate of eligible costs for an individual project under this major disaster is $1123,11000-0 or greater, it is a Large Project. v. P.2. package: is the formal notification used for all versions of a Project Worksheet with a change in the funding amount. vi. Project Worksheet (Subgrant Application): is the primary form used to document the location, damage description and dimensions, scope of work, Special Considerations, and cost estimates for each small or large project. It is the basis for the grant. vii. Reasonable: for purposes of access to records, is construed according to the circumstances, but ordinarily means during the normal business hours of 8:00 a.m. to 5:00 p.m., local time, on any Monday through Friday that.is not a state or federal holiday. Zero (0) Dollar Aotification Letter: is the notification for projects where there are scope changes, improved or alternate projects, ineligible cost or a zero (0) dollar variance closeout. b. The parties specifically agree to comply with all conditions, obligations, and duties imposed by this Agreement, by the FEMA - State Agreement, and by all applicable State and federal laws, regulations, and policies without limitation, including but not limited to 44 C.F.R.; 2 C.F.R.; and applicable policies of both the State of Florida and FEMA. The Subgrantee/Subrecipient further agrees to comply with the Statement of Assurances attached hereto as Attachment "A" and incorporated herein by reference. a. The federal share of the eligible costs specified in the Project Worksheets under this Agreement is seventy-five percent (75%) of such costs, unless a higher percentage is approved. The non-federal share is the remaining amount. b. Payment of all or a specified portion of the nonfederal share of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal share. =1 - \• • r---__ i\\.: = -ni• Page 66 of 960 State Legislature, subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constitution. d. Disbursement must be consistent with section 252.37, Florida Statutes. Admin- istrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206.228 and do not require matching funds may also be funded by FEMA. e. Subject to an advance payment of funds by the Grantee/Recipient to the Subgrantee/Subrecipient, the Grantee/Recipient will provide funds on a cost reimbursement basis to the Subgrantee/Subrecipient for eligible activities approved by the Grantee/Recipient and FEMA, as specified in the approved Subgrantee/Subrecipient Project Worksheets. f. The Grantee/Recipient may provide some portion of any nonfederai share for some Subgrantees/Subreciplents. As a condition of receipt of the federal funding, the Subgrantee/Subrecipient agrees to provide any nonfederal share not paid by the Grantee/Recipient. The federal allowable costs must be determined as per 2 C.F.R. and 44 C.F.R. §§ 13 and 206. g. The approved Project Worksheets will be transmitted to the Subgrantee/ Subreciplent, and must state the cumulative funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. h. Project Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. These actions will be denoted in the final version of the obligated project worksheet for each project. i. The approved Project Worksheets will document the total eligible costs and t total federal share of those costs. I j. As a condition of funding under this Agreement, the Subgrantee/Subrecipie agrees that the Grantee/Recipient may withhold funds otherwise payable to t S ubgrantee/S ub recipient from any disbursement to the Grantee/Recipient, FEMA or any other source, upon a determination by the Grantee/Recipient FEMA that funds exceeding the eligible costs have been disbursed to t Subgrantee/Subrecipient pursuant to this Agreement or any other fundi agreement administered by the Grantee/Recipient. k. The Subgrantee/Subrecipient understands and agrees that the Grantee/Recipie may offset any funds due and payable to the Subgrantee/Subrecipient until t debt to the State is satisfied. In such event, the Grantee/Recipient will notify t Subgrantee/Subrecipient via the entry of notes in FloridaPA.org. 4) INSURANCE. a. The Subgrantee/Subreciplent understands and agrees that disast- • - overage and/or other sources. Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits. The Subgrantee/ Subrecipient further understands and agrees that If Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance and/or other sources of funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4) and 312 (c). 2TIT4 7MMITTIM9411FAUMN.'"11 WOMEM Page 67 of 960 OM 01 L*J ragwxyj 11:3 t--24 Ir-M(Olm, In- I I 101 r_KO M I I I D 1:1: addition to the preceding requirements, the Subgrantee/Subreciplent under- stands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to § 311 of the Stafford Act. As stated in the Stafford Act, "Such coverage must at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Subgrantee/Subrecipient to purchase and maintain insurance, where that insurance is "reasonably availabJe, adequate or necessary to protect against future loss" to an insurable facility as a condition for receiving disaster assistance funding. The Act further states "If the requirement to purchase insurance is not met, FEMA will not provide assistance for damages sustained in the current disaster." If the State Insurance Commissioner certifies that the type and extent of insurance is not "reasonably available, adequate or necessary to protect against future loss" to an insurable facility, the Regional Administrator may modify or waive the requirement in conformity with the certification. d. The Subgrantee/Subrecipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in206.252-253. e. The Subgrantee/Subreciplent agrees to notify the Grantee/Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. The Subgrantee/Sub- recipient further agrees to provide all pertinent insurance information, including but not limited to copies of all policies, declarations pages, insuring agreements, conditions, exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. f. The Subgrantee/Subrecipient understands and agrees that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available. a. The Subgrantee/Subrecipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Subgrantee/ Subrecipient receive any other duplicate benefits from any source whatsoever. b. The Subgrantee/Subreciplent agrees to reimburse the Grantee/Recipient if it receives any duplicate benefits, from any source, for any damage identified on the applicable Project Worksheets, for which the Subgrantee/Subrecipient has received payment from the GranteelRecipient. c. The Subgrantee/Subreciplent agrees to notify the Grantee/Recipient in writing within thirty (30) days of the date it becomes aware of the possible availability of, :10MOULEM Page 68 of 960 applies for, or receives funds, regardless of the source, which could reasonably be considered as duplicate benefits. d. In the event the Grantee/Recipient determines the Subgrantee/Subrecipient has received duplicate benefits, the Subgrantee/Subrecipient gives the Grantee/ Recipient and/or the Chief Financial Officer of the State of Florida, the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due and payable to the Subgrantee/Subreciplent, and to use such remedies as may be available administratively, at law, or at equity, to recover such benefits. a. The Subgrantee/Subrecipient Is responsible for the implementation ant completion of the approved projects described in the Project Worksheets in c manner acceptable to Grantee/Recipient, and in accordance with applicable Local, State, and Federal legal requirements. b. If applicable, the contract documents for any project undertaken by the Sub- grantee/Subrecipient, and any land use permitted by or engaged in by the Sub- grantee/Subrecipient, must be consistent with the local government comp- rehensive plan. c. The Subgrantee/Subrecipient must ensure that any development or developmenl- order complies with all applicable planning, permitting, and building requirements including, but not limited to, the National Environmental Policy Act and the National Historic Preservation Act. i. The Subgrantee/Subrecipient must engage such competent, properly licensed, engineering, environmental, archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. a. The Subgrantee/Subreciplent must create and maintain documentation of work performed and costs incurred on each project site identified in a Project Worksheet sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. If the Grantee/Recipient determines the Subgrantee/Subrecipient has failed to create and maintain such documentation, the Grantee/Recipient may, in its sole discretion, terminate further funding under this Agreement. In such event the Subgrantee/Subrecipient must, within sixty (60) days of receipt of Notice by the Grantee/Recipient, reimburse the Grantee/ Recipient for all payments disbursed to the Subgrantee/Subrecipient, together with any and all accrued interest. i. Failure of the Grantee/Recipient to terminate funding when a Subgrantee's/ Subrecipient's breach is discovered does not act as a waiver of the Grantee's/Recipient's right to enforce this provision later, nor does failure to enforce this provision in one instance act as a waiver to enforce this provision in other instances. b. For all projects, the Subgrantee/Subrecipient must state on the "Project Comp- letion and Certification Report"'that all work was performed in accordance with this 4AXAT_A1MW-*R �D_. � Page 69 of 960 Agreement and the requirements in each Project Worksheet, and must state the date of completion. c. For Small Projects, the Subgrantee/Subreciplent must notify the State when work is complete and must upload photographs clearly demonstrating completion of the work to the Subgrantee/Subrecipient's FloridaPA.org account. d. For Large Projects the Subgrantee/Subrecipient must submit a Request for Close- out on FloridaPA.org, and include i. a Request for Reimbursement (if funds are owed to the Subgrantee/ Subrecipient); and ii. a Summary of Documentation which is automatically created when the request for closeout is submitted on FloridaPA.org. e. To ensure that all work has been performed within the scope of work specified on the Project Worksheets, the Grantee/Recipient will conduct final inspections on Large Projects, and may, at its sole discretion, select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and/or outside of the approved performance period cannot be reimbursed. f. Interim Inspections may be requested by the Subgrantee/Subrecipient, on both small and large projects, to: ii. review an alternate scope of work; iii. review an improved scope of work; and/or WMITMON MO quarterly report has not been updated between quarters; H. the Subgrantee/Subreciplent is not submitting Requests for Reimburse- ment (RFR's) in a timely manner; 177—T-TOTIM-71 I M IT. U 1177-71 iv. there are issues or concerns identified by the Grantee/Recipient that m�;!Tj impact funding under this agreement I n. The Subgrantee/Subrecipient must submit a request Large Project closeout FloridaPA.org no later than sixty (60) days after the project's completion. i :1 0 LZII lei lagaigel to r.1 11k4wgA 1010411tM1611161T.TJ 11 pmome - 4 W32322REM Page 70 of 960 i. Funding for Small Projects: Small project funding will be based on estimated costs, only if actual costs are not yet available. Payment is made on the basis of the initial approved amount, whether estimated or actual. Revisions to the initial Project Worksheet may be required if there are omissions or changes in the scope of work. (Revisions to the Project Worksheets may result in changes in funding level and/or category.) Payment methods are fully described in FEMA's Public Assistance Program and Policy Guide (January 2016). A request to increase cost on small projects is only allowed under a request for a Net Small Project Overrun. A Small Project Netting will require the inspection of all small projects to ensure that both the scope of work was completed and that all combined funds were expended. 1. The Grantee/Recipient agrees to disburse the federal and nonfederal shares of the eligible costs for Small Projects to the Subgrantee/Subrecipient as soon as practicable after execution of this Agreement and formal notification by FEMA of its obligation of the pertinent Small Project Worksheet. ii. Funding for Large Projects: Although Large project funding must be based on documented actual costs, most Large Projects are initially approved based on estimated costs. Funds are made available to the Subgrantee/Subreciplent when work is in progress and funds have been expended with documentation of costs available. When all work associated with the project is complete, the State will perform a reconciliation of actual costs and will transmit the information to FEMA for its consideration forfinal funding adjustments. 1. The Grantee/Recipient agrees to reimburse the Subgrantee/ Subrecipient for the federal and nonfederal shares of the eligible costs for Large Projects as soon as practicable after execution of this Agreement and formal notification by FEMA of its approval of the pertinent Large Project Worksheet and submission of a Request for Reimbursement (RFR) by the Subgrantee/Subrecipient. The submission from the Subgrantee/Subrecipient requesting this reimbursement must include: a) a Request for Reimbursement (available in FloridaPA.org); b) a Summary of Documentation (SOD) which is titled Reimbursement Detail Report in FloridaPA.org and is automatically created when the Request for Reimburse- ment is submitted (and is supported by copies of original documents such as, but not limited to, contract documents, insurance policies, payroll records, daily work logs, invoices, purchase orders, and change orders); and c) the FEMA Cost Claim Summary Workbook (found in the Forms section of FloridaPA.org), along with copies of original documents such as contract documents, invoices, change orders, canceled checks (or other proof of expenditure), purchase orders, etc. Page 71 of 960 b. Once the work is completed, the Grantee/Recipient and the Subgrantee/Sub- recipient will conduct a final inspection to determine if the payments to the Subgrantee/Subrecipient were proper, if it is owed additional monies, or if it must submit repayment to the State for overpayment. c. In the event that funds are owed to the State on any Federal grant, all payables are subject to be applied to any receivable until the total debt is satisfied. d. The amount which may be advanced may not exceed the expected cash needs of the Subgrantee/Subrecipient for the first three (3) months of the contract term, not to exceed the Federal share. 7 -W -ITS 1. Payments under the Public Assistance Alternative Procedures Program (PAAP) are paid as an Advance Payment. Notwithstanding Paragraph "3) Funding," above, these payments are not bound by Section 216.181(16), Florida Statutes. 1 The Grantee/Reclpient must request a waiver from the Staly-7 Comptroller each Fiscal year. 'I For a federally funded contract, any advance payment is also subject to 2 C.F.R., federal OMB Circulars A-87, A-1 10, 1-122, and the Cash Management Improvement Act of 1990. 1 111111111111M. 9101,4711 Imp IMMEJ -0 5F.M11M. MIT* 4. In order to prepare a Request for Advance (RFA) the Subgrantee/ Subrecipient must certify to the Grantee/Recipient that it has pro- cedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay. The Subgrantee/Subreciplent must prepare and submit a budget that contains a timeline projecting future payment schedules through project completion. 5. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment. 6. The Subgrantee/Subreciplent must complete a Request for Reimbursement (RFR) via FloridaPA.org no more than ninety (90) days after receiving its Advance Payment for a specific project. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Worksheet for which the Advance was received. 7, If a reimbursement has been paid prior to the submittal of a request for an advance payment, an Advance cannot be accepted for processing. PA Funding Agreement FEMA -4283 -DR -FL page 8 oft Page 72 of 960 8. The Grantee/Recipient may advance funds to the Subgrantee/ Subrecipient, not exceeding the Federal share, • if the Sub- grantee/Subrecipient meets the following conditions: a) the Subgrantee/Subrecipient must certify to the Grantee/ Recipient that Subgrantee/Subrecipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; b) the Subgrantee/Subrecipient must submit to the Grantee/ Recipient the budget supporting the request. 11. The Subgrantee/Subrecipient must submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than 90 days after • of the • 'I U. I he Lira ntee/Reci pient may, in its sole discretion, Wiffiffo-lid a porti of the federal and/or nonfederal share of funding under th •• from the Subgrantee/Subrecipient if the Grante Recipient reasonably expects that the S ubgrantee/S ubreci pie cannot meet the projected budgeted timeline or that there may a su -• uent •- 1 nation • F E MA that a previo us d • rseme e of funds under this or any other Agreement with the Subgrant Subrecipient was improper. 9) FINAL PAYMENT. a. The Grantee/Recipient agrees to disburse the final payment to the Subgranteel Subrecipient upon satisfaction of the following conditions: 1. the Subgrantee/Subrecipient must have completed the project to the • of the • ii. the Subgrantee/Subreciplent must have submitted the documentation required • this Agreement; iii. in the case of Large Projects, the Grantee/Recipient must have performed the final inspection; iv. in the case of Small Projects, the project listing and certification must have been reviewed • the Grantee/Recipient, •.. alternatively, the Grantee/ Recipient must have performed a final inspection (the subgrantee notifies the state when work is complete • small • small projects are considered closed when the P.4. has been processed and FEMA has closed the subgrantee Grant); and v. the Subgrantee/Subrecipient must have requested final reimbursement. b. The Grantee/Recipient may submit the final Request for Reimbursement (RFR) based on final inspections and closeout versions. FIIA TIA F-IMIPWIMFDROM Page 73 of 960 a. The funding of eligible costs under this Agreement and the performance of all other conditions are subject to the following requirements, in addition to such other requirements as may be imposed by operation of law: i. The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," as codified in 2 C.F.R. and 44 C.F.R. § 13, as amended; ii. Office of Management and Budget Circular (OMB) No. A-87, "Cost Princi- ples for State and Local Governments," as amended; iii. OMB Circular A-11 10, "Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations," as amended; iv. OMB Circular A-122, "Cost Principles for Non -Profit Organizations," as amended; and v. OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations," as amended. b. The Subgrantee/Subrecipient must retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five (5) years from the date of the Subgrantee/Subrecipient account closeout by FEMA. i. The five (5) year period is extended if any litigation, claim or audit is started before the five (5) year period expires, and extends beyond the five (5) year period. The records must then be retained until all litigation, claims, or audit findings involving the records have been resolved. c. Records for the disposition of non -expendable personal property valued at $5,00090- or more at the time it is acquired must be retained for five (5) years after final account close out. d. Records relating to the acquisition of real property must be retained for five (5) years after final account close out. e. The Subgrantee/Subrecipient and its employees or agents, including all sub- contractors or consultants to be paid from funds provided under this Agreement, must allow access to its records at reasonable times to the Grantee/Recipient, the Florida Chief Financial Officer, the Florida Auditor General, the Comptroller General of the United States, the Department of Homeland Security (DHS), and FEMA, to include any designated employees and/or agents of such entities. a. If upon final inspection, final audit, or other review by the Grantee/Recipient, FEMA, or any other authority, it is determined that the disbursements to the S u bgrantee/Sub recipient under this Agreement exceed the eligible costs, the Subgrantee/Subrecipient must reimburse to the Grantee/Recipient the amount by which the total disbursements exceed the eligible costs no later than forty-five (45) Page 74 of 960 laysfrom date-Subgrantee/Subrecipient receives)such•e.,. i 1 oi;i; Ir. All refunds or repayments owing to the Grantee/Recipient under this Agreement are to be made payableto order of"Division Cashier" and I directly *' Division Management, ..ger. 2555 •: . Boulevard Florida sectionc. In accordance with Florida Statutes,- other draft is returned to the Grantee/Recipient for collection, Recipient must pay the Grantee/Recipient a service fee of $150-0 or s. of the face amount of the returned check or greater. 1) AUDIT a. The Subgrantee/Subrecipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the SubgranteelSubrecipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. § 200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Subgrantee's/Subrecipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards (`°GAGAS"). As defined by 2 C.F.R. § 200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the SubgranteelSubrecipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the SubgranteelSubrecipient of such non- compliance. e. The SubgranteelSubrecipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(h), Florida Statutes, as "an indepen- dent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Subgrantee's/Subrecipient's fiscal year. f. The SubgranteelSubrecipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Subgrantee/ Subrecipient, to the Division at the following address: 947 Page 75 of 960 DEFT,iSingle—Audit@em.myflodda.com OR 11711 M. 1MT77—:TM 2 M=Qrs g. The Subgrantee/Subrecipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: hqp-- 1ddeindex.htmI h. The Subgrantee/Subrecipient shall send any management letter issued by ffiz auditor to the Division at the following address: DEMSingle—Audit@em.myflorida.com OR Key'Milmal I- I s-. Pursuant to 44 C.F.R. §§ 7 and 16, and 44 G.F.R. § 206.11, the Subgrantee/ Subrecipient must undertake an active program of no nd iscrim Mation in its administration of disaster assistance under this Agreement. The Subgrantee/ Subrecipient is also be subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 F a. Any amendments to, or modification of, this Agreement, including a modification extending the time for completion of a project, must be in writing, must be subject to the same terms and conditions as those set out in the initial Agreement, and takes effect only upon execution by both parties. b. Modifications to any Project Worksheet to be funded under this Agreement may be requested by the Subgrantee/Subrecipient through the Grantee/Recipient. The approval of any such modifications, however, is at the sole discretion of FEMA. Any approved modification to a Project Worksheet must be noted in a new Project Worksheet version for the project and in any amendment to this Agreement. 1. The time allowed for the performance of eligible emergency work is six (6) months from the date of the presidential major disaster declaration, unless extended by the Grantee/Recipient or FEMA. e. The time allowed for the performance of eligible permanent work is eighteen (18) months from the date of the presidential major disaster declaration, unless extended by the Grantee/Recipient or FEMA. f. The time for project completion can only be extended once unless the failure r.. Subgrantee/Subrecipient to close out the project is caused by events beyond its rIOULUM Page 76 of 960 control. Extensions cannot be granted for delays caused by lack of cost -share funding. g. If any extension request is denied by the Grantee/Recipient, or is not sought by the Subgrantee/Subreciplent, reimbursement is only available for eligible project costs incurred up to the latest approved extension for completed projects. h. Failure to complete a project is adequate cause for the termination of funding for that project and require reimbursement to the Grantee/Recipient of any and all project costs. a. If the Subgrantee/Subrecipient contracts With any contractor or vendor for per- formance of any portion of the work required under this Agreement, the Sub- grantee/Subreciplent must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Government, its employees and/or their contractors, the Grantee/Recipient, its employees and/or their contractors, and the Subgrantee/Subrecipient and its employees and/or their contractors harmless from liability to third parties for claims asserted under such contract. b. The Subgrantee/Subrecipient must document in the Quarterly Report the sub- contractor's progress in performing its work under this Agreement. c. For each subcontract, the Subgrantee/Subrecipient must provide a written statement to the Grantee/Recipient as to whether the subcontractor is a minority vendor as defined in section 288.703, Florida Statutes. Copies of all contracts and subcontracts must be uploaded into FloridaPA.org by the Subgrantee/Sub- recipient. d. All contracts must conform to the uniform standards for procurement found in 2 C.F.R §§ 200.317-.326 and Appendix II. L Grace Period. Notwithstanding the preceding, a Non -Federal Entity (NFE), may choose to continue to comply with the former procurement standards applicable to FEMA awards found at 44 C.F.R. Part 13 (for states, local, and Indian tribal governments) or 2 C.F.R. Part 215 (for institutions of higher education, hospitals, and other nonprofit organizations) until the completion of two additional fiscal years after December 26, 2014. This is an elective grace period. Note that if an NFE elects to use the previous procurement standards, it must affirmatively document this decision in its Internal procurement policies, including the date upon which its grace period (based upon the two additional fiscal years) will end, and that it understand and agrees it must transition to the new procurement standards. a. The Grantee/Recipient assumes no liability to third parties in connection with this Agreement. Unless the Subgrantee/Subreciplent is a governmental entity covered under section 768.28 (5), Florida Statutes, the Subgrantee/Subrecipient is solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement. Further, unless the Subgrantee/ Page 77 of 960 Subrecipient is a governmental entity within the meaning of the preceding sentence, the Subgrantee/Subreciplent, by entering into this Agreement, agrees to indemnify and hold the Grantee/Recipient harmless from any and all claims asserted by third parties in connection with the performance of this Agreement. b. For the purpose of this Agreement, the Grantee/Recipient and the Subgranteel Subrecipient agree that neither one is an employee or agent of the other, but that each one stands as an independent contractor in relation to the other. c. Nothing in this Agreement is to be construed as a waiver by the Grantee/Recipient or the Subgrantee/Subrecipient of any legal immunity, nor is anything in this Agreement to be construed as consent by either of the parties to be sued by third parties in connection with any matter arising from the performance of this Agreement. d. The Subgrantee/Subrecipient represents that to the best of its knowledge any hazardous substances that may be present at its project site or sites are present in quantities within statutory and regulatory limitations, and do not require remedial action under any federal, State or local requirements concerning such substances. e. The Subgrantee/Subrecipient further represents that the presence of any such substance or any condition at the site caused by the presence of any such sub- stance will be addressed in accordance with all applicable legal requirements. 051�� a. The Subgrantee/Subrecipient must provide Quarterly Reports to the Grantee/ Recipient on the Quarterly Report Form available in FloridaPA.org, a sample of which is attached hereto as Attachment "B" and incorporated herein by reference. b. The first Quarterly Report is due at such time as the Subgrantee/Subrecipient is notified so. All subsequent Quarterly Reports are due no later than fifteen (115) days after each calendar quarter through the 2nd Quarter after official closure by FEMA. Quarterly Reports must indicate the anticipated completion date (this is not the approved time extension date but the date the Subgrantee/Subrecipient actually expects the project work to be complete for each project), together with any other circumstances that may affect the completion date, the scope of work, the project costs, or any other factors that may affect compliance with this Agreement. c. Interim inspections must be scheduled by the S u bgrantee/S ub recipient before the final inspection, and may be required by the Grantee/Recipient based on information supplied in the Quarterly Reports. d. The Grantee/Recipient may require additional reports as needed, in which case the Subgrantee/Subreciplent must provide any such additional reports as soon as practicable. e. With respect to a Request for Advance or Reimbursement, Summary of Documen- tation, and Quarterly Reports, the contact for the Grantee/Recipient will be the State Public Assistance Officer. MOM -11, loss WN12-MR!"i'lijill illil Page 78 of 960 g. If reimbursement has not been requested within 720 days of obligation, FEMA may de -obligate funding as an interim financial reconciliation. If this occurs, the delay in funding is not appealable and the Subgrantee/Subrecipient will • eligible • funding when the •r• is complete and the final inspection has •- processed by FEMA. a. The Subgrantee/Subrecipient must monitor its performance under this Agreement, as well as that • its subcontractors, .•- and • who are paid from funds provided under this Agreement, to ensure that performance under this Agreement is achieved, satisfactorfly performed, and in compliance with applicable State and federal laws, rules, and regulations. • In addition to reviews • • conducted in accordance with 2 C.F.R. and •' Circular A-133, as -• and section • Florida Statutes, monitoring procedures may include, • are not limited • on-site visits • the • • its agent, limited ••- • as defined by OMB Circular A- 133, as -• and/or •' procedures deemed necessary • the ♦ • FEMA. By entering into this Agreement, the Subgrantee/Subreciplent agrees to comply and cooperate with all monitoring procedures/processes deemed appropriate by the Grantee/ Recipient. In the event that the Grantee/Recipient determines that a limited scope audit of the Subgrantee/Subrecipient is appropriate, the Subgrantee/Subrecipient agrees to comply with any additional instructions provided by the Grantee/ Recipient regarding such audit. c. The Subgrantee/Subrecipient agrees to comply and ••• with any inspec- tions, reviews, investigations or audits deemed necessary by the Comptroller or •: General. • The Grantee/Recipient will monitor the performance and financial management • the Subgrantee/Subrecipient throughout the contract term to ensure timely completion •' all tasks. e. The Subgrantee/Subrecipient must update its contacts in FloridaPA.org each quarter and ensure requests for updates are submitted as required by Florida Statutes. a. The Subgrantee/Subrecipient understands and agrees that: I. Invoices for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre and post -audit. ii. The Grantee/Recipient may unilaterally terminate this • for refusal • the Subgrantee/Subrecipient • its contractors or subcontractors to allow • access to all documents, papers, letters or other material subject to the • of Chapter 119, Florida Statutes, that are made • received by the S u bgrantee/Sub recipient or its contractors • subcon- tractors in connection with this Agreement. M-MVIT, 1-11*216-1-00 70M."MUEM Page 79 of 960 iii. No funds or other resources received from the Grantee/Recipient disbursed to it under this Agreement will be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any State agency. iv. Responsibility for compliance with this Agreement rests with the Sub- granteelSubrecipient, and further agrees that noncompliance with this Agreement is cause for the rescission, suspension, or termination of funding under this Agreement, and may affect eligibility for funding under past and future SubgranteelSubrecipient Agreements. v. If otherwise allowed under this Agreement, all invoices for any travel expenses must be submitted in accordance with section 112.061, Florida Statutes. vi. The Grantee/Recipient will not knowingly award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, in violation of the employment provisions contained in 8 U.S.C. § 1324a(e) [§ 74A(e) of the Immigration and Nationality Act ("INA")) and the Grantee/ Recipient considers the employment of unauthorized aliens by any contractor a violation of § 274A(e) of the INA. Such violation by the SubgranteelSubrecipient is grounds for unilateral cancellation of this Agreement by the GranteelRecipient. vii. It will comply with the restriction that a person or affiliate who has been placed on the debarred/convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list will not be allowed to submit a bid on a contract to provide any goods or services to a public entity, will not be allowed to submit a bid on a contract with a public entity for the construction or repair of a public building or public work, will not be allowed to submit bids on leases of real property to a public entity, will not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and will not be allowed to transact business with any public entity in excess of Category Two for a period of thirty-six (36) months from the date of being placed on the debarred/convicted vendor list or on the discriminatory vendor list. viii. If applicable, it must comply with the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), which prohibits discrimin- ation by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, all State and local government services, and in telecommunications. a. The SubgranteelSubrecipient certifies that: Wiq -MM mcceptance of this Agreement. ii. The individual executing this Agreement on Subgrantee's/Subrecipients behalf has the authority to legally execute this Agreement and bind the Subgrantee/Subrecipient to its terms. Page 80 of 960 iii. With respect to any Subgrantee/Subrecipient other than a State agency or political subdivision of the State, which receives funds under this Agree- ment from the federal government, to the best of its knowledge and belief, that it and its principals: not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered trans- actions by any federal department or agency; E-. have not within the five-year period preceding entering into this Agreement had one or more public transactions (federal, State, or local) terminated for cause or default; and K,. have not within the five-year period preceding entering into this proposal been convicted of or had a civil judgment rendered against them for 2) the commission of fraud or a criminal ofrense in connection with obtaining, attempting to obtain, or performing a public (federal, State, or local) transaction or a contract under public transaction, or b) violation of federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, Nsification, or de- struction of records, making false statements, or receiving stolen property. 9 jederal grant, the makin of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooper- ative agreement. 1 . Subgrantee/Subrecipient understands that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Subgrantee/Subrecipient must complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. ii. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement have been produced in the United States as required by 41 U.S.C. § 10a, unless it would not be in the public interest or unreasonable in cost. c. The Subgrantee/Subrecipient understands and agrees that the language of this certification must be included in the award documents for all sub awards at all tiers I A TIA Ulm, W-11 M -BY-2 0 r-OMEOM Page 81 of 960 (including subcontracts, sub grants, contracts under grants, loans, and cooperative agreements) and that all Subgrantees/Subrecipients must certify and disclose accordingly. The Subgrantee/Subreciplent further understands and agrees that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. L Subgrantee/Subrecipient further understands that submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,0000-0 and not more than $100,00099 for each such failure. d. Where the Subgrantee/Subrecipient is unable to certify to any of the statements in this certification, the Subgrantee/Subrecipient understands it must submit to the Grantee/Recipient (by email or facsimile) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" for each prospective subcontractor which the Subgrantee/Subrecipient intends to fund under this Agreement. (See Attachment "C".) Such form must be received by the Grantee/ Recipient prior to the Subgrantee/Subrecipient entering into a contract with any prospective subcontractor. a. This Agreement takes effect upon its execution by the last of the signatories and terminates upon approval ofaccount closeout by FEMA, unless terminated earlier as specified elsewhere in this Agreement. L Notwithstanding the above, this Agreement survives account closeout for the purposes of State or federal audit purposes. b. The Subgrantee/Subrecipient agrees to commence work on the project(s) specified by this Agreement without delay. 2. Upon the occurrence of any one or more of the following events the Grantee/ Recipient may, at its option, terminate this Agreement and any funding under this Agreement, and all obligations of the Grantee/Recipient to disburse further funds under this Agreement terminate at the option of the Grantee/Recipient: 1. The determination that any representation by the Subgrantee/ Subreciplent in this Agreement is inaccurate or incomplete in any material respect, or that the Subgrantee/Subrecipient has breached any condition of this Agreement and has not cured such breach in a timely fashion, or that the Subgrantee/Subreciplent is unable or unwilling to meet its obligations under this Agreement; ii. the Subgrantee/Subrecipient suffers any material adverse change in its financial condition while this Agreement is in effect, as compared to its financial condition as represented in any reports or other documents submitted to the Grantee/Recipient, if Subgrantee/Subrecipient has not cured the condition within thirty (30) days after notice in writing from the Grantee/Recipient; Page 82 of 960 iii. any reports required by this Agreement have not been submitted to the Grantee/Recipient or have been submitted with inaccurate, incomplete, or inadequate information; or iv. the monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other action or inaction by the State Legislature, Florida Department of Financial Services, Congress, or Office of Management and Budget. b. Notwithstanding the preceding, the Grantee/Recipient may at its option continue to make payments or portions of payments after the occurrence of any one or more such events without waiving the right to exercise such remedies and without incurring liability for further payment. c. Upon the occurrence of any one or more of the foregoing events, the Grantee/Recipient may at its option give notice in writing to the Subgrantee/ Subrecipient to cure its failure of performance if such failure can be cured. Upon the failure of the Subgrantee/Subrecipient to cure, the Grantee/ Recipient may exercise any one or more of the following remedies: i. terminate this Agreement upon not less than fifteen (15) days' notice of such termination after delivery by certified letter to the Subgrantee/ Subrecipient at the address specified in Attachment "D° of this Agreement; ii. commence an action in law or in equity for the judicial enforcement of this Agreement; iii. withhold the disbursement of any payment or any portion of a payment otherwise due and payable to the Subgrantee/Subrecipient pursuant this Agreement; and iv. take any other actions that may otherwise be available in law or in equity. d. Upon the rescission, suspension or termination of this Agreement, the Subgrantee/ Subrecipient must refund to the Grantee/Recipient all funds disbursed to the Subgrantee/Subrecipient under this Agreement. e. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or termination of this Agreement by the Grantee/Recipient does not relieve the Subgrantee/Subrecipient of liability to the Grantee/Recipient for the restitution of funds advanced to Subgrantee/Subrecipient under this Agreement, and the Grantee/ Recipient may set off any such funds by withholding future disbursements otherwise payable to the Subgrantee/Subrecipient under this Agreement until such time as the exact amount of restitution due the Grantee/Recipient from the Subgrantee/Subrecipient is determined. In the event that FEMA should de -obligate funds formerly allowed under this Agreement, the Subgrantee/Subrecipient must immediately repay such funds to the Grantee/Recipient. Any de -obligation of funds or other determination by FEMA must be addressed in accordance with the regulations of that Agency. f. If the SubgranteelSubrecipient violates this Agreement or any statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee/Recipient - must withhold any disbursement otherwise due the Subgrantee/Subrecipient for the project with respect to which the violation has occurred until the violation is cured or has otherwise come to final resolution. If the Page 83 of 960 violation is not cured, the Grantee/Recipient may terminate this Agreement a invoke its remedies under the Agreement as per this section. 1. The validity of this Agreement is subject to the truth and accuracy of all t information, representations, and materials submitted or provided by t Subgrantee/Subreciplent in this Agreement, in any subsequent submiss! or response to the Grantee/Recipient request, or in any submission response to fulfill the requirements of this Agreement, and su information, representations, and materials are incorporated by referenc The lack of accuracy thereof or any material changes will, at the option the Grantee/Recipient and with fifteendays written notice Subgrantee/Subrecipient, cause the termination of this Agreement and th 131 release of the Grantee/Recipient from all its obligations to the Subgrante Subrecipient. 23) ATTACHMENTS. 2. All attachments to this Agreement are incorporated into this Agreement by reference as if set out of Agreement b. In the event of inconsistencies between the language of this Agreement and the Attachments to it, the language of the Attachments are controlling, but only to the extent of Recipient'sc. All grant administrative and electronic forms not attached to this Agreement will be provided by the Grantee/Recipient as necessary or posted on the Grantee's/ -f • c. m Headings used in this Agreement are provided for the convenience of the parti-"- only and cannot be used to construe meaning or intent. I . This contract is governed by, and must be construed in accordance with, the laws of the State of Florida, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort, or otherwise, are likewise governed by the laws of Florida. b. Except as may be otherwise provided for by statute, any action or proceeding, whether brought by the Grantee/Recipient or the Subgrantee/Subrecipient, relat- ing to or arising out of this contract must be brought in Leon County, Florida and venue will lie therein. a. Except as may be otherwise provided for by statute, in any action arising out of this Agreement each party shall bear its own attorney's fees and costs. Page 84 of 960 i. Should the Subgrantee/Subrecipient desire to utilize the Public Assistance Alternative Procedures provisions of the Sandy Recovery Improvement Act (Division BofP.L. 113-2), execution of a Supplemental Funding Agreement cover- ing specific aspects of the Alternative Procedures Package is required of the Subgrantee/Subrecipient prior to the payment of such funds by the State as the Grantee/Recipient. i.. Payments processed under the Alternative Procedures provisions will be re- quested as an advance and are exempt from advance requirements covered by Section 216.181(16), Florida Statutes. They will, however, be treated as an advance for purposes of Requests for Reimbursement (RFRs) and satisfaction of the requirement that ninety percent (90%) of previously advanced funds must be accounted for prior to receiving a second advance. a. The Subgrantee/Subrecipient must complete Attachment "D" by designating at least three agents to execute any Requests for Advance or Reimbursement, certifications, or other necessary documentation on behalf of the Subgrantee/ Subrecipient. b. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned '- •: • ! - • e RosenbergBureau Chief Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FIL 32399-2100 RUL &Wm& b. All notices required to be made to the Subgrantee/Subrecipient under th Agreement must be in writing and must be delivered by email, by facsimile, hand, or by certified letter to the Subgrantee/Subrecipient at the address indicat in Attachment "D" which the Subgrantee/Subrecipient must complete and •' 'I with this Agreement. Page 85 of 960 b. The parties agree that the Federally Funded Subaward and Grant Agreement formed as described above should comply with the requirements of Section 215.971, Florida Statutes. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT HURRICANE MATTHEW DECLARATION (FEMA -4283 -DR -FL) IN WITNESS WHEREOF, the Grantee/Recipient and the Subgrantee/Subrecipient have executed this Agreement: FOR THE GRANTEE/RECIPIENT: IFAVAIIOPOKS mmmz= I@[*] Ak t ;I 467i1j*Cj "MI Z 19 4 Printed Name and Title BM M Attachments: A) Statement of Assurances B) Example of Public Assistance Quarterly Report C) Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion D) Designation of Authority with Instructions E) DHS OIG Audit Issues & Acknowledgement F) Justification for Advance Payment Page 86 of 960 Statement of Assurances 1) The Subgrantee/Subrecipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including but not limited to OMB Circulars No. A-21, A-87, A-110, A-122, and A-128; E.O. 12372; and Uniform Administrative Requirements, Cost Pdnciples, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the application, acceptance and use of Federal funds for this federally -assisted project. 2) Additionally, to the extent the following provisions apply to this Agreement, the Subgrantee/Subrecipieni assures • certifies that: a. It possesses legal authority to apply for the grant, and to finance and ♦ the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Subgrantee's/Subrecipient's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the Subgrantee/Subreciplent to act in connection with the application and to provide such additional information as may be required. b. To the best of its knowledge and belief the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 C.F.R. § 206, and applicable FEMA policy documents. c. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not, or will not, duplicate benefits available for the same loss from another • 3) The Subgrantee/Subrecipient further assures it will: a. Have sufficient funds available to meet the non -Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed, and if not it will request a waiver from the Governor to cover the cost. b. Refrain from entering into a construction contract(s) for the project or undertake other activities until the conditions of the grant program(s) have been met, all contracts meet federal, State, and local regulations. c. Provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications, and will furnish progress reports and such other infor- mation as the Federal grantor agency may need. d. Cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be done to completion with reasonable diligence. e. Not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds, whichever is longer. f. Provide without cost to the United States and the Grantee/Recipient all lands, easements and rights-of-way necessary for accomplishment of the approved work and will also hold and save the United States and the Grantee/Recipient free from damages due to the approved work or Federal funding. g. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Attachment "A" page 1 of 5 Page 87 of 960 h. Assist the Federal grantor agency in its compliance with section 106 of the National Historic Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: L consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to • properties listed in • eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and ii. by complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. G ive the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, • +• • to the grant. j. With respect to demolition activities: L create • make available documentation sMficient to •- that th Subgrantee/Subreciplent and its demolition contractor have sufficient manpower a equipment to comply with the obligations as outlined in this Agreement; I return the property to its natural state as though no improvements had been contain thereon; I lil. furnish documentation of all qualified personnel, licenses, and all equipmen! necessary to inspect buildings located in Subgrantee's/Subrecipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Pro- tection, and the appropriate County Health Department; iv. provide documentation of the inspection results for each structure to indicate safety hazards present, health hazards present, and/or hazardous materials present; v. provide supervision over contractors or employees employed by the Subgrantee/ Subrecipient to remove asbestos and lead from demolished or otherwise applicable structures; vi. leave the demolished site clean, level, and free of debris; vil. notify the Grantee/Recipient promptly of any unusual existing condition which hampers the contractors work; viii. obtain all required permits; ix. provide addresses and marked maps for each site where water wells and septic tanks are to be closed, along with the number of wells and septic tanks located on each site, and provide documentation of such closures; x. comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and • Act; xi. comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and Ill 81MMI M a 4 Mrs 9-ITO MT Attachment "A" page 2 of 5 Page 88 of 960 I. Provide an Equal Employment Opportunity Program, if required to maintain one, where the application is for $500,00000 or more. m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay within the required time period, begin working with the Grantee/Recipient in good faith to agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 4) The Subgrantee/Subrecipient agrees it will comply with the: a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and federally -assisted programs. b. Provisions of Federal law found at 5 U.S.C. § 1501, et. seq. which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. c. Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act. e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week. f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work -week. g. Anti -Kickback Act of 1986, which outlaws and prescribes penalties for "kick -backs" of wages in federally financed or assisted construction activities. h. Requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lease or supervision which are utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 1. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, which requires that on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. Note that FEMA provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification (ICC). The state's insurance commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future loss to an insurable facility. Attachment "N' page 3 of 5 Page 89 of 960 k. Applicable provisions of Title 1 of the omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations, and assure the compliance of all its Subgrantees/ Subrecipients and contractors. L Provisions of 28 C.F.R. applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead -Based Paint Poison Prevention Act which prohibits the use of lead based paint in construction of rehabilitation or residential structures. n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations; and Department of Justice regulations on disability discrimination, and assure the compliance of all its Subgrantees/Subrecipients and contractors. p. Provisions of Section 311, P.L. 93-288, and with the Civil Rights Act of 1964 (P.L. 83-352) which, in Title VI of the Act, provides that no person in the United States of America, Grantees/Recipients shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subgrantee/Subrecipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Subgrantee/Subrecipient, this assurance shall obligate the Subgrantee/Subrecipient or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. q. Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. t. Provisions of all appropriate environmental laws, including but not limited to: I. The Clean Air Act of 1955, as amended; ii. The Clean Water Act of 1977, as amended; iii. The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act of 1970; Attachment of 5 Page 90 of 960 v. Environmental standards which may be prescribed pursuant to the Natlorf.q Environmental Policy Act of 1969; vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potentfM components of the national wild and scenic rivers system; vii. The Fish and Wildlife Coordination Act of 1958; viii. Environmental standards which may be prescribed pursuant to the Safe Drinkinr Water Act of 1974, regarding the protection of underground water sources; ix. The provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 which prohibits the expenditure of newest Federal funds within the units of th(_t Coastal Barrier Resources System. iermindIlUFI,raleSUTpaj,oroinerTurrnsurGum,*+• �•�F apprenticeship. ii. 11514 (NEPA). iii. EO 11738 (violating facilities). EO 11988(Floodplain Management). 11990 (Wetlands). vi. EO 12898 (Environmental Justice). 5) For Grantees/Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE as required by the Drug -Free Workplace Act of 1988. This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimburse- ments, advances, contracts, property, discounts and/or other Federal financial assistance extended to the Subgrantee/Subrecipient by FEMA. The Subgrantee/Subrecipient understands that such Federal Financial both the United States and the Grantee/Recipient have the joint and several right to seek judicial enforcement of this assurance. This assurance is binding on the Subgrantee/Subrecipient, its successors, transferees, and assignees Printed Name and Title N= Page 91 of 960 Public Assistance Quarterly Report Available for Each Subgrantee/Subreciplent on www.FloridaPA.org QuErnn', Rmor. IJA4 V"U"W t0r,N Page 92 of 960 .............. ............................................ 11", xww* 4.1,r Page 92 of 960 Certification Regarding 1ebarment, • Ineligibility, and Voluntary Exclusion I - I * I rr M T-Tj 11ii rr ri= =4 The prospective subcontractor of the Subgrantee/Subrecipient certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. w;11K:K SUBCONTRACTOR: Name of Company Street Address City, State, Zip M Signature Date Subg ra ntee's/Sub recipient's Name Attachment "C" Page 93 of 960 DESIGNATION OF AbTHORITY (AGENTS) Sub -Grantee: Box 1: Authorized Agent (Full Access) Box 2: Primary Agent (Full Access) Agent's Name i. Organization Official Position Organization 6fficial Position Mailing Address Daytime Telephone Daytime Telephone Box 3: Alternate Agent (Full Access) Box 4: Other-Finance/Point of Contact (Full Access) AgenVa Name Signature Organization I Official Position Organization I Official Position Mailing Address DaytimeTelephone Daytime Telephone E-mail Address Box 5: Other -Risk Mgmt-Insurance (Full Access) Box 6: Other -Environmental -Historical (Full Access) it Agent's Name Organization I Official Position Mailing Address 71 Da 'me Telephone E-mail Address E-mail Address Sub -Grantee Authorized Agent Signature Date Attachment "D" pagel of Page 94 of 960 Sub -Grantee, �} Date: ti Box 1 I i Organization I Official Position Mailing Address I } City, State, Zip s i JlI� E-mail Addres �1 E-mail Address B ,ox 9: Other Box(Read Only Access)1 t' it i, y T Organization Official Position t� ! Mailing Address Y City, State, Zip A v, -ma Mress Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) ii p i 4 I } _ Organaton Official Position � o }}( it 4 city, state, zip Daytime Telephone Daytime Telephone E-mail Address } v �, t } 4 � & A,� r { ' N � NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff turnover. Updates may be made by email to the state team assigned to your account. A new farm will only be needed if all authorized representatives have separated from your agency. Be aware that submitting a new Designation of Authority affects the contacts that have been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace, not supplement, the contacts on the previous list. REV. 10-04-16 DISCARD PREVIOUS VERSIONS Aftachment "Du page 2 of 2 Page 95 of 960 The Designation of Authority Form is submitted with each new disaster or emergency declaration to provi system in order to enter notes, review notes and documents, and submit the documentation necessary to wo the new event. The Designation of Authority Form is originally submitted as Attachment "Y' to the PA Fundi review the agency contacts at least quarterly. The Authorized Representative can request a change in conta via email to the state team; a note should be entered in FlorldaPA.org if the list is correct. Contacts should removed as soon as they separate, retire, or are reassigned by the Agency. A new form will only be needed all authorized representatives have separated from your agency. Note that if a new Designation form srrkmiYM,, all ASancy Re�resentatives cyKb-1*L tXQ, !J;P�2t_-f ftrm wit, be deleted from FlorldaPA.org as the contacts listed are replaced in the system, not supplemented. All use must log in on a monthly basis to keep their accounts from becoming locked. i Complete the form in its entirety, listing the name and information for all representatives who will be working in the FloridaPA.org Grant Management System. Users will be notified via email when they have been granted access. The user must log in to the FloridaPA.org system within 12 hours of being notified or their account will lock them out. Each user must log in within a 60 -day time period or their account will lock them out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link on the home page. The form is divided into twelve blocks; each block must be completed where appropriate. Block 1: "Authorized Agent"— This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed and this person will have full access/authority unless otherwise requested). Block 2: "Primary Agent" — This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting reportslrequests in FloridaPA.org. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is allowed and this contact will have full access). Block 3: "Alternate Agent"— This is the person designated by your organization to be available when the Primary is not. (Only one Altemate Agent is allowed and this contact will have full access). Block 4, 5, and 6: "Other" (Finance/Point of Contact, Risk Management -insurance, and Environmental - Historical). Providing these contacts is essential in the coordination and communication required between state and local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7 —12: "Other" (Read Only Access) — There is no limit on "Other" contacts but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read -Only" designation cannot take any action in FloridaPA.org. Attachment "13" Instructions Page 96 of 960 DIIS 01G'AUDYT ISSUES & ACKNOWL&DGEMENT Yff-J,Tpanmenlyr -U1T70Z I all FEMA projects for fiscal year 2014. A synopsis of those findings are listed below: There have been 32 separate instances where Grantees/Recipients or Subgrantees/Subrecipients did not follow prescribed rules to the point that the 01G believed the below listed violations could have nullified the FEMAIS agreement. 1. Non Competitive contracting practices. 2. Failure to include required contract provisions. 3. Failure to employ the required procedures to ensure that small, minority, and women's owned firms were all giv fair consideration. I obligation of funding given under the FEMA/State agreement: 1. Use of improper contracting practices. 2. Unsupported costs. 3. Poor project accounting. 4. Duplication of benefits. 5. Excessive equipment charges (applicability may vary with hazard mitigation projects). 6. Excessive labor and fringe benefit charges. 7. Unrelated project costs. 8. Direct Administrative Costs. 9. Failure to meet the requirement to obtain and maintain insurance. M I Pi,i:r k-th-A-W—Y-M! 0 Designate one person to coordinate the accumulation of records. • Establish a separate and distinct account for recording revenue and expenditures, and a separate identifier for ea specific FEMA project. • Ensure that the final claim for each project is supported by amounts recorded in the accounting system. • Ensure that each expenditure is recorded in the accounting books and references supporting sources documentation (checks, invoices, etc.) that can be readily retrieved. • Research insurance coverage and seek reimbursement for the maximum amount. Credit the appropriate FEM project with that amount. • Check with your Federal Grant Program Coordinator about availaty of fanding under other Federal pro (Federal Highways, Housing and Urban Development, etc.) and ensure that the final project claim does not inclu costs that another Federal agency funded or could have fimded. • Ensure that materials taken from existing inventories for use on FEMA projects are documented by invento withdrawal and usage records. • Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly benefit the prxo)je and are authorized under the "Scope of Work." I acknowledge that I have received a copy of, and have been briefed on, the above DHS 01G Audit Issues. FOR BY Subgrantee/Subreciplent Signature MV F-IMM11", TN M, Printed Name and Title Page 97 of 960 UNSW P I *,:&#q4j ANYMVIMUM A "I 51# 1 Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These i staff-. award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. !'III I 1111�11111�1111m 11 111� ij� jjjpi���� ESTIMATED EXPENSES IF MM E77" M-1T� _LqU9177-7 A .0LMjff_M_1JjJk 07MM A (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and ;"At m4 gjgri1(O ni,.Vrin the fl;Nt njnet�i 6!1 dAM of We contract term receipt, along with any interest earned on the advance) Attachment T" Page 98 of 960 INSTRUCTIONS TO EXECUTE THE FEDERALLY FUNDED PUBLIC ASSISTANCE FUNDING AGREEMENT BY THE SUBGRANTEE/SUBRECIPIENT FEMA's Public Assistance program is a Federal grant to aid State and Local governments in returning a disaster area to nre-disaster -- i . . .. — . . 073 117-4 Vj PM I W11 [on 01--141 t"I 1101 AKQ 0111 [oaf -.103 0 1 0 - - I Q Al I I ral Unas, I TIMM requirea io SUDMIR a rkequesT Ue Tor Teal for Public Assistance (RPA). That request has been approved. FEMA and the State share the responsibility for making Public Assistance funds available to the Subgrantee/Subrecipient. Funds that FEMA obligates to the State via electronic transfer, reside in the Federal account (SMARTLINK) until the State is ready to award grants to the appropriate Subgrantees/Subrecipients. 1 . Because your request for Public Assistance (RPA) was approved, it is now necessary you, as the Subg ra ntee/Sub recipient, to enter into the attached Agreement with the Flori Division of Emergency Management (the Grantee/Recipient). The following speci officers/officials, or their authorized designees, are required to sign this Agreement on beh of the specified type of Subgrantee/Subreciplent. (NOTE: If this Agreement is signed by designee, a duly authenticated delegation of authority evidencing the signer's authority 0 execute the Agreement for and on behalf of the Subgrantee/Subrecipient must be attach( * to the Agreement for review by i a. Corporation: the chair of the board of directors or president; b. City: the mayor or city manager; c. County: the chair of the board of county commissioners or the county manager; d. School Board: the superintendent; e. Fire District: the district chief; f. Special Districts: the executive director; g. Institution of Higher Education: the president of the institution; h. Charter School: the chair of the board of directors; i. County Sher!Ws Office: the sheriff; j. State Agencies: the Secretary or Director of the Agency; k. All other Subgrantee/Subreciplents: the chief executive officer of the entity. 2. Copies of the Agreement can be obtained through FloridaPA.org by anyone authorized by the Subgr-antee/Subrecipient to access the system. A :11 11� MIT= 4 1:1121 7 111y3 r Page 99 of 960 WOUR 1. Download the Agreement and these instructions from the "Funding Agreement" section of your FloridaPA.org Subgrantee/Subrecipient Account Summary page for disaster FEMA - 4283 -DR -FL within www.FloridaPA.org; 0 2. Complete all user -defined fields, save the Agreement to your local computer, then print a copy of the Agreement with all attachments. (Print two copies if you want to receive an executed copy with original signatures back from the Division); 0 3. Have the offiGer/official listed above, or their designee with signature authority, sign: a. the Statement of Assurances signature page (Attachment A); b. the Funding Agreement on page 23, under the subsection "For the Subgrantee/ Subrecipient," (if signed by a designee, a duly authenticated delegation of authority evidencing the signers authority to execute the Agreement for and on behalf of the Subgrantee/Subrecipient must be attached.); and C. the bottom of Attachment D, on the line for "Subgrantee/Subreciplent Authority/ Board/Commission Signature." d. The bottom of Attachment E on the line "FOR: Subgrantee/Subrecipient BY:" 0 4. Scan a PDF copy of the Agreement with a// Attachments and upload the PDF copy into www.FloridaPA.org. (This can be accomplished by selecting "View Funding Agreemerff on the Event Summary page for disaster FEMA -4283 -DR -FL.) 0 5. Once uploaded, advance the Agreement in www.FloridaPA.org, where it will be reviewed and advanced for legal review. 6. Send the original(s) of the signed Agreement by U.S. Mail or courier service to the following address: �NWARWA=l - =411W,111,151un 131 r-merge"01 11,12"2903 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100. III I M33 I I LZI 11 W.71 rs FA i M. I I &AV I I Is toN I M3MM Mv, ffsTiM 7Mim A 19 1 reement. Instructions FEMA -4283 -DR -FL 2 Page 100 of 960 I W- I I *1TJW lio I 1�2 I! f;VA I R1 a for acceptance. ': - 11841M.M. fil M sell -4 1 . 0 0 1Jq ', 1;�IrEkinig- a -14AR Ali= GNIA i't IFEF.1;1111111 1,'', iSED PROJECT 4iAlIAGEiLEAT-STSTE'iff (FloridaPA.org) KMJAWJIIAX�M In accordance with 44 C.F.R. § 206.204, the Subgrantee/Subrecipient must complete all projects – whether small projects or large projects – no later than 18 months from the date a major disaster or emergency is declared by the President, except that the Subgranteel A%,tAft U, civz�tlete �Protjects rel2te1 ttfe!Ms rem+v?l ?;%4 emerseAcy T, eytetuatito circu-nata-toes or-aTusu eCt reo0ran F.-fts bp-voTd tWp- cirt I MM:7*7M =—i 40MCIUM M -M' • M 1141 a &-14 L I I I tV1k WINONTIN 111172610-11174511 =00, kmigr7swrip - Is KA DI ts IM " t"M %16-�-W`#YaV-1)-r11 Ytw<'�O–Ur#lz certify work is complete on small projects. The Public Assistance Program is considered programmatically closed when FEMA assures that all of the grants awarded under this Agreement for a disaster meet the statutory and regulatory requirements that govern the program. To achieve programmatic closure, the in accordance with this Agreement. In addition, FEMA must resolve any appeals before %W9 9. 1 9 r.wYe&"-w_o-9,9 u rs later, when FEMA and the Grantee/Reent (State) reach agreement that all applicable ?dministrative actions related to the Public Assistance Program are complete and all program funds related to the disaster have been reconciled. A signed Project Completion and Certification report is required to close this Agreement. Page 101 of 960 I CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-171 -Authorize the City Manager or designee to sign documents related to the amended Outdoor Lease Agreement between the City of Boynton Beach and Wilton Manors Street Systems, Inc. for one (1) outdoor advertising structure with two (2) electronic changeable sign faces, "LED" in order for the City to submit advertising requests for the electronic changeable sign faces. EXPLANATION OF REQUEST: On July 19th, 2016 the City Commission approved Resolution No. R16-091 approving amending a Outdoor Lease Agreement between the City of Boynton Beach and Wilton Manors Street Systems, Inc. for one (1) outdoor advertising structure with two (2) electronic changeable sign faces, "LED". As part of the lease agreement the City is allowed to advertise community events on the electronic billboard. Clear Channel is requesting that the City execute a formal request each time we submit advertising requests for community events throughout the year. On July 3rd, 2012 the City commission approved Resolution No. R12-058 entering into a lease agreement with Wilton Manors Street Systems, Inc. to lease a portion of the Public Works Site located at 510 NW 14th Court to erect one (1) outdoor advertising structure with two (2) static advertising faces. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will allow the City to promote Community events on a billboard type sign to expand our advertising efforts. FISCAL IMPACT. Budgeted None ALTERNATIVES: Do not approve the resolution and not be able to advertise on the electronic sign. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 102 of 960 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Resolution D Resolution D Resolution REVIEWERS: Department Reviewer Assistant City Manager Howard, Tim Legal Swanson, Lynn Finance Howard, Tim City Manager LaVerriere, Lori Description Clear Channel Contract Rolling Green Resolution authorizing the City Manager or designee to sign documents related to City advertising on billboards Resolution No, R16-091 Resolution No, R12-058 Action Date Approved 12/13/2016 - 6:15 PPA Approved 12/15/2016 - 10:00 AKA Approved 12/15/2016 - 10:03 AKA Approved 12/15/2016 - 10:49 AKA Page 103 of 960 (v®mon e.e) 70.,A -Clear Channel n .IIIIII Pill 11 111! 1 e ... n Brenda Address 5800 W ' Court Renewal'Takeover '16250 Fox -'301 �322pj( Product I Class u: GOV/CTSMarket °r+MEN EFAL Page 104 of 960 (Version S.0) Pigs 2 of 3 51- Clear Channel I.DEFINEDTERMS. As used In this CwtmcL them terms shall have the meanings set forth balm 'Advertising Materials'shall Mean all Printed Advertising Materials and Digital Advertising Materials, as each is claimed on Section 4. 'Compaign'sha:l mean the advertising campaign described In the Sales Contract 'CC Fortal'ahad morm the software utilized by Clear Channel and sultrarized CuBtarnme, to serve and deliver Dynamic Content to digital signs. 'Clear Charmal'shall mean Clear Channel Oddom, Inc., a Columns corporation and A monsamrs and walgres. 'CommencernerrOateP shall mean bar date Identified as the commenoxonanorclaft of the Campaign In the Solas controsst. 'ConMerMal Inficundlory' shall mean any Information adding to or disclosed to Customer arising from or in comonallonwith any and aft pricing Information for this Contact '0011thad'shoo.0 mean the applicable Sales Conlinct, these toomrs and conditions and all guidelines expressly referred to herein, all as the same may be modffiodfmm Unne to free. Customer' shell mean the adyarlsor and any agency or bufte service named in the Sales Contract. Delivery Date' shall mean the date(s) for the delivery ofAdvertlaing Materials as set forth in the Sales Cement 'Dynamic Cantesir well meandam and Information Ands supplied by or on behaffofthe Customer, such as sports amass, weetherar berfile information. 'Salas Cormoor shall mean the Contract for Advertising by and between Clear Channel and the Customer &Wing fcflh the terms and conditions offiba Campaign. 'Sign'cor'Signs'sholl mass the sign or signs Identified in the Sales Contract for the phuxamentofthe advertising farthe Campaign. OA:rX0,421i a. Crodomershooll pay In advance for Ohs services covered by thmCardract unless otherwise expressly agreed to In writing. Is. If CrearChoond has extended credit to Customer. Clear Channelshall, from leneto time at Interests fullmistift Commencement Date, hill the 1moulcoo to' Cuslormoral the &-mall address ad forth in the SaiesCombad, Orlin the address provided by Customer fiCuatamer chooses to receive Involnes by mail. C.Poymord by Customer for sarvIcas sundered hereunder Is duo within 30 days ofthe data ofthe i.mim.uniewathemissagreed toinwrdrig. d. Pact due accounts shall be charged Irdarest From the date of the masers at a par annum rate of 12%, or the highest rate allowed by applicable low, whichever is boa. a, If Customer disputes any charge& or nation any arms on an Invoice, Custormorrhadl constact Clear Channel via mail war he 10 days of the Involm date, staling the owalm number, amount and descriptionofffie alleged depute creffor, and povv'de any roupporting docunwirrhollon as may be reasonably required by Clear Channel. All involom charges shall be smoldered valid 9 custornowitalks to timely provide notice to CIWFChmnd of any dispute mailer as required herein. f. If Customer is Post due In payment of any amount Clear Channel may change the isms of payment hygiving Custornave rithannotice. If Claw Channel roolmor this Contract for collection, Cusennershall pay 013 collection mate Incurred by Clear Channel. Including reasonable stiorrey's foam and mud costs, 3. RIGHTS, OBLIGATIONS AND OTHER AGREEMENTS OF THE PARTIES 3.1 OF CUSTOMER a. Customer represents and warrants to Closer Channel that (1) stall times hereunder, an of Cusionver's products and services, Advertising Materials and, to the extent applicable, all Dynamic Content placed co Sign Or Signs, shall oomplywith At appilcorhololedmil, state and local Laws and regulations, (2) Customer Is the rightful menerorltoenseacifths, adwrUsing content and the advertising content (i) does not Infringe. violate, or misappropriate any trademark, patent, copyright. trade secret, many other intellectual pm right of any third party, (it) does not contain lbdous Material. and (I11) Includes any disdaimerathat maybe required by applicable laws, sit s, ordinances, rules one reguLaffions. (3) Ifthe Cusbancrentaring Into this Contract is an agrouncyar buying sorvice. it has the right to grant the rights and liwneeagranted heroin and the Fight, powarand nuffiorityto anter Into the Contractors behalf of the advarker. All legal obligations araing under his Contract are and shall be binding on sold agency or buying serAm and this advertiser, and (4) 119MIS Contract is enlened Into by an agency or buying service n0ustomeron beharlof an ad ser, such agency or buying service [a Ilablefor Invoice paymensonly to the extent it has been paid byte advertiser. The agency moseying service hereby assignato Clear Chums[ all offs rights, a" and Irderest In any claim It may hereafter have In the event of a bankruptayby the whowlsor forpsymarst under this Contact and agrees not to file any pmt such claim ofCiwrChannel. 3.2 OF CLEAR CHANNEL & Clear Channel, at its sole dJSCMrnrL may reject or rowl any advertising material, art or copy, submitted by cusenroarfor any sorman or no reason at anytime during the term of this Co d. Insuch one, (1) Clear Channel andlor Customer may laminate this Contract and Clear Chelard will reimburse Cufflormarmy prepaid amounts made by Customerto Clear Channel kor the unexpired portion of the Doubled and (!I) unless Clow Channel's rejection or removal Is with good remon, Customer shall be e to receive from Clear Charmsel a sum equal to the actual sam-cancelablood-ol-pockot costs necessarily Incurred by Customer for pmducffon and delivery b Class Channel afthe Advertising Materials hereunder which were not displayed. b. Subject to Clear Channel's right to remove posted copy, all approved Advertising Materials, shall be posted, installed and malrokohoodby Clear-Charonal or its designers In accordance with the tormsofdre Sales Contract. c. Clear Channal shall furnish to Cualsomerpasolloficarlonnermars fisemoss(l) parmajoard Bellefinfay. am clasp, photo or digital print (or each meet wo execution within a bulletin campaign Including a Pantomimes report, (2) Rotary Bdoll One close-up and one spirsolch photo or digital print for each rotary Wait location and Own comoliva assondion Including a performance report. Rotation oydw shall not be pholostimphed =[me the cresthob sell changes. (a) Possia4ak one chose -up photo ordigilrd point for each mallys execution wilhina poster campaign including a performance report and a complethro report: listing all locationakleafi;n"nol (4) Digital: a perommmororeport continuing the execution signs display(os) as contemplated In the Sales Contract. d. Cioar Charmers obligations undarthis Contract are subject to and subordinate, to the tome and condibomoof any applicable lorwas and all other agreements, ilormassand permits miming to any Signs and to applicable federal, date and local laws and regulations. a. N Advertising Materials we timely defivemd, Clear Chanel shot complato posting or wMA installation Of the displays no later than 5 working days after the display date apsafflad In the Sales Combout and commence billing on the data mpy Is fullydisplayed. f. For non-dightal Signs, filundredionwill only be provided if Illumination 6 Indicated on the Sales Contract and will be from clock Until midnight unless a dolor amount apperors next to 'Extended Illumination"; provided that in Oil CAMOS Illumination boom Will be limited to those hours prescribed by applicable law. 9. TO THE EXTENT PERMITTED BY LAW, CLEAR CHANNEL MAKES NO WARRAWTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ABOUT THE SERVICES DESCREED IN THIS CONTRACT AND DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. 3.3 TAXES. C Channel shall pay all personal property taxes attributable to the Signs and Custoomermall be roosponollsle for all other federal, state and local trew In respect ofthis Contract. 4. CONTENT, PRODUCTION AND DELIVERY r%1oZ?Qlta-]r.XZ4L"jL�� - I Z - � & 'Printed Advertising Mokerials'ia defined as materials ol'qually, and in quanothyas specifled In the PondroddroCormad Ifaisjollcable,or Us otherwiloseagread to by the platiee to meatthe needs hereunder, at pieces designated by Clear Channel, shipping charges prepaid, and on welghtloansis strength, opm*, aim and sort. Customershall be maposroble for any and all Owes in connection with the creation, production and delivery to Clear Channel afthe Pointed Advertising Materials as contemplated Under this Contractibut not less then a minimum quantilyof*rle, complete set of real&"& ON Instructions for awry displayto, be posted or%" In"194). Is. Crademarshall deliver Printed Advartlaing Materialsto ChaorChannal not lose their 5 business days prior to own Commencement Date. Class Channel may require additional time forms delivery of Printed Advertising Materials as required under the circumstances, lreducling, without limitation, If third party apprawal *)r the Printed Advertising ModonallsIs mquffiocL rs. IT Cuslamer requests within 60 days after the lost date of Ma displayof the Pdroted Advarliaing Materials, Clear Channel short return arty Printed Advertising Materials [rib possession to Cualsomerst Cuslamseamis mat and expense. If Custamardoes; not Us requesk Clear Channel Is hardbygranted the right, at its sale option, to discuss of all such Printed Advertising Materials at anytime after such 00 - day period. 4.2 DIGITAL CONTENT, PRODUCTION AND RELATED MATTERS a. Cuslomershall be obligated to produce and dolivurta Clear Channel my and all advartlaing copy or artwork, Fmages, displays. Illiestrallons.reproductions, and similar advertising materials In digillool format, along with any copy instructions or rohnilardirections, In rosocompressadjorp thermal, RGB color made and In 4D0x1400 loballs for digital bultefloos, 40DxB40 phone fier digital posters, 1920KIDW towels fora am, or Us otherwise agreed to by the parties (collectively, the 'Ditiftad Amrantaing Malowlefel. All DtfialAdvastising Materials inform for properaxecution of the purpose of this Contract atoll be delivered by Customerfor racelpt by Clear Channel no latertham 2 bussays prior to the ConsmancomentDato and through such mallyodofoldiway as shall be designated by Clear Channel, unless the Commencement Data Is less then 2 business days from execution ofthIs Contract, in which owe ClearChasond shall InkrotiCusturnerafthe deadlinato deliver the Digital Advertising Materials to Clear Channel pflorta the Cornmen oammi Dole. Custommallooll N responsible for any and all costs in cannacbmwith the creation, production and delivery to Clear Channel of the Digital Advertising Matefialsoo�tBmphdodurNWrthWContract, Is. Upon the written request of Customer. ClearCharmel, in Ro sets disorders, may permit the Cuslornartallosed DynamIcCantantillsoough thaCC Portal, byprovIdIng the Customervofthe ploosescal to the CC Portal. In nor event shag the unandlebility, Inactivity or lnapamblky ofths, CC Postal constitute a breach of this Contract or provide Customer any right, claim, remedy or othenvue under this Contact or at low. c. Custormoracknowledgen and agrees that(l) Clear Charmer mail include such Ifilsoring tachroc,logy In the CC Postal m Itshall down appropriate. In its sole dlecratioN to fillarinamosepride cantflortfrom being served ordoliverood to Signs by Cuorywear, and (2) upon the Occurrence Ole breach of this Garohnect by Customer, Clear Chanel may, in addftbn to all allow remedies modiable to ft, and In Its sole and abscluls discretion revoke Customers password and shut dawn Its accornatGthe CC Postal. 4.3 ARCHIVAL MATERIAL AND RIGHT TO USE. Clear Channel may keepAdvadisinto Materials wit deans Itfor Clear Chamoi's Man archival purposes. Custameradhorbass. Closer Choond to use a picture w photograph of Clear Channel's Sign or Signs displaying the Campaign for Clear Channel's promotional, advertising arprospeeUva sales purposes with clients, prospectihs; allants or br Internal Come. a. Except as otherwise prodded herein, if Clear Channel Is unable to perform any of Too deffliatkons he rounder as a result Of & term re *um. labor dispute, law, government action or order, or similar comes buys nd Clear C ban rool'a reasonable central, Clear 0 he nnal shall pawn pity amity the Customer. C=omer's Onto and exclusive rosmady Por a delay or failure to perform under this subsection 5(a) shall be Mosipt of services of substantlad"clurvalent value to what was lost as a consequence of such do lay *rldluratoperfamn. In no event shall such a delay or failure to perform corestilulas breach of this Contractor provids Custamorwith amry r fight, daimormonedy underthlo; Contractor at law. b. Clear Channel shall prorninly not"Ustomer if the lights Iflundnating a printed Sign am not opossirmang during permitted hours ofopershims far which lights am required to Am the cement of the advertising posted an that Sign. Customeeesolis and exclusive remedy for such a lighting oultroge shall be a credit 0galstatthe charges due hereunder in an amountequivalart b 25% of the chartimed forth in the Sales Contract for the period during whkhft lights did not operate. In m mount shelf such a lighting outage constitute a branch afthEs Cordract m provide Customer any Other right, claim or remedy Under this Cordract or at low. a. 9 any Sign selacladibr Incluslorith the Campaign anon root be operational as of the Commencement Date or becomes unavailable fisr use for any mason whalwevar, or Is converted to a difilmont tachnaloWdshing the Campaign, Clear Channel shall pmmpffy no* the Customer and the pandas willofisouss replacing such SWn with an aftemato Sign. InnoevardshatClear Channeralagure to make a Sign owagable hereunder In the alrounwitanowdeembed herein conerfitudea breach ofthis Contractor provide Customerany other right, clailmor narrowly under this Contract or at law but Customershall be ent!UedtG nossolve from Clear Channel a sum squalto the actual nor"anceloobleaut- of-pocket was necessestlyincurrad by Curstmonartbrixoduralon and delivery to Clear Channel of tie AdwrIlOng Matwah; hersurelarwhich were act displayed as a comisquancesof1he hossofum six Signor Signs. Page 105 of 960 X� I W77MMIMM a. Clear Channel may by providing 14 days advance written notice to Cuslamos, and if Customerfiallski HereXb brown fulortoin0mlion afthe 14 days, tormhatothisControat (I) upon material brown by Customer(aucallitmi-broach of Cumitanner's obligation tDdalloorAdvarflaing Materials to Clear Channal) or (2) if any monies to be paid by Customer to Clear Channel eve pad due. Olsom-Channel'snallos shall set faith a summaryof the alleged breach and Clear Channel agrees toprovide any supporting documantailmmem; maybe reasustablyrequested by Customer, In addition, Clear Channel may upon written nonce to CLodomerterminste this Contract If Advertising Materials how not been received by Clear Channel on or before the date required heavin. Upon arrytsmimtlonundorthissection (ale sOmpaM,accrued chergmtir Lin4ershall llamediatdy becania due and payable and, In addition, Customersholl pay ClocirChannal, so ilquWateddamages and not me a penalty,(1)10 ofthe amount payable hereunder for the portion ofthe Compallin town In the 60 day period after such lamination and (11) 50% ofthe amount payable hereunder forms portion ofthe Carnpalgrr to ran tharsafter. b. Container may by providing 14 days advance written nerflos to Clear Channel, and ItCliner Channall falls to cum such brown priarto expiration of the 14 days, terminate from Contract upon material breach by Clear Channal. Custanner's ounce shall set forth a summary of the alleged breach and Customeragre8a to PM'AdG my supporting documentation as maybe reamonablyrequested by Clear Channel. Upon such termination, Clear Channel shall pay to Customer, as liquidated damages and not =a penalty, and as Cuslamari; was and exclusive remedy, a sum aquatic the actual non-cancelableout-of-pocketcosts. nocessarilyincurrad by Customer prior to the date of termination for peaduction and delivery to Clear Channel ofths Advertising Mateflaisherounderwhichmmmtdlsplayad. c. E:xcept on othervilsespociffed in this Contract, milther party shell be liable totho other party for incidental, Indirect, consequential or punitive damages or lost probe. 7.INDEMNIFICATION AND HOLD FLARMLESS Customer shall defend, hold harrideseand IndommiffyClew Channel, he parents, subiddlariesand afar ,arid their respocilve officers, ifliectsm, employees, agents and designam; from any and all dedma, actions, monies ofaclion, losses, liabillfies,damands, dam igiss, penalties, fines, costs ands Including, wifinout limitation, any incidental, indirect, cuinsoquordlem,puriltive, or abet damages or W proffe to a third pa*, arking from, oomaded with orralated to (l) Clear ChannaPs ifloplayofCuolummeaAdverfising Motedols and Dynamic Content. Induding.infiliffament In any mannairof any coloyright, patent taxlemork,trods socrator other rightafany third pari), presentationof any material or Informallonthat Wolabor any low or repulation.or failure to Includearry diBdoomerthat may be required by applicable how, shames, ordinances, rules and regulation@ or (11) Custornaes producte and sardoes. 8. GENERAL a. I Is agreed that thoIowa mirthe Stele ofNew York oliallgovern the const ruclikin and Interpretation of this Contradand the Nhts and obligations satforth haralin. 'rho parties harato Irrevocably wows any end all rights to Idol bylury In any proceeding arlmingiout afar meeting to this Contract b. Customermaynott asaignortransfor this Contact out first obtaining the written consaftiol'Clour Channel; nor is Clear Channel required to post, insteflor maintain any material under this Contractlerthe bersdii: ofany poison orant" ofinarthanthe Custmiarnammal In the BelesContract. c. Customarogreas that it ahellaWaystake reasonablestaps, at leastsubstanthillyaquPwient to the steps It takesto protest fission proprietary Inficurnation.to present duple no disdosumofConfidential information ofClear Channol offmarthan byarto he mploymasor agents who musthava anomosto much Confidential lnfomMon to perform Cufflanner's obligations hereunder. d, This Contract containsthe onfire understanding between the parties end, oxnapt as wilaosely provided heroin, cannot be changed orterwristaul unless expressly agreed to In vetoing and signed by Customer and Clear Channel. Whenthers [a any Inconalsbancy, between the Sees Contract and my other tormsof this Contract than the Sehas Contract shelf prevail. a. The failure of Clear Channel or Customer to onforso any ofthe pro"ons ofthis Contract shall not be construed as a general relinquishmordarvoilverofthat or any other provision. f. All noticas hissunder shall be In wrlifirel, deemed green on the date of dispatch, arid addressed to Cusbmw and Clear Channel at the addresses listed in the Sales Contract, g. The Invalidity ar unordercoatiff4ofany portion of this Contract shall not affect Ohs remaining provisions herad. Page 106 of 960 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SIGN DOCUMENTS RELATED TO THE AMENDED OUTDOOR LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND WILTON MANORS STREET SYSTEMS, INC FOR ONE (1) OUTDOOR ADVERTISING STRUCTURE WITH TWO (2) ELECTRONIC CHANGEABLE SIGN FACES IN ORDER FOR THE CITY TO SUBMIT ADVERTISING REQUESTS;; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 19, 2016 the City Commission approved Resolution No. R16- 091 approving an Amendment to a lease agreement with Wilton Manors Street Systems, Inc., four one outdoor advertising structure with two electronic changeable sign faces; and WHEREAS, as part of the amended agreement, the City is allowed to advertise community events on the electronic billboard however Clear Channel is requesting that the City sign forms as we submit advertising requests for community events throughout the year; and WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the City residents to authorize the City Manager or designee to sign documents related to the City's requests for advertising on the outdoor advertising structure with two electronic changeable sign faces pursuant to the amended Outdoor Lease Agreement between the City of Boynton Beach and Wilton Manors Street Systems, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\C59B7DCE-EC41-4CD8-B3DC-C92E9192F168\Boynton Beach.4708.1.Authorize_docu ments_for_advertising_Wilton_Manor_Street_Systems_Amend ment_to_Lease_Agreement_ _Reso.doc Page 107 of 960 30 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption 32 hereof. 33 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 34 authorizes the City Manager or designee to sign documents related to the City's requests for 35 advertising on the outdoor advertising structure with two electronic changeable sign faces 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 pursuant to the amended Outdoor Lease Agreement between the City of Boynton Beach and Wilton Manors Street Systems, Inc. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2016. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\C59B7DCE-EC41-4CD8-B3DC-C92E9192F168\Boynton Beach.4708.1.Authorize_docu ments_for_advertising_Wilton_Manor_Street_Systems_Amend ment_to_Lease_Agreement_ _Reso.doc Page 108 of 960 RESOLUTION NO. R16-091 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AMENDED OUTDOOR LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND WILTON MANORS STREET SYSTEMS, INC FOR ONE (1) OUTDOOR ADVERTISING 1 STRUCTURE WITH TWO (2) ELECTRONIC 1 CHANGEABLE SIGN FACES; AUTHORIZING THE 1 MAYOR AND CITY CLERK TO SIGN THE LEASE 1 AGREEMENT; AND PROVIDING AN EFFECTIVE 1 DATE. ill 1Q WHEREAS, on July 3, 2012 the City Commission approved Resolution No. R12-058 1 l l entering into a lease agreement with Wilton Manors Street Systems, Inc., to lease a portion 191 of the Public Works site located at 510 NW 14th Court to erect one (1) outdoor advertising 1 f l structure with two (2) static advertising faces; and WHEREAS, Wilton Manors Street Systems, Inc., requested to upgrade the two (2) 21l static advertising faces to two (2) electronic changeable sign faces (LED) digital advertising technology in compliance with Chapter 479 of the Florida Statutes, Chapter 14-10 Florida 2$1 Administrative Code; and WHEREAS, as part of the amended agreement, the annual base rent will be 2 fl increased from $24,750 to $50,000 with an additional 3% increase per year after the first 2$1 year; and 27 WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to be in the best interests of the City residents to approve the amended Outdoor Lease Agreement between the City of Boynton Beach and Wilton Manors Street Systems, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF S:\CC\WP\Resolutions\2016\R16-091 WiIto n_Manor_Street_Systems_Amendment_to_Lease_Agreement_=Reso.doc Page 109 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 approves the amended Outdoor Lease Agreement with Wilton Manors Street Systems, Inc., a copy of which is attached hereto as Exhibit "A". Section 3. The Mayor and City Clerk are authorized to sign the amended Lease Agreement. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 1day o , 2016. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz c �— Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE�� ATTEST: J ' h A. Pyle, CMC erim City Clerk (Corporate Seal) S:\CC\WP\Resolutions\2016\RI6-O9lWiltor me nd me nt_to_Lease_Ag reeme nt_-_Reso. d oc Page 110 of -CCS OUTDOOR LEASE AGREEMENT 1. This Lease Agreement ("Lease") is effective this day of `SL kc ,, 2016, and entered into by the City of Boynton Beach, a Florida Municipality ("Landlord") and Wilton Manors Street Systems, Inc., a Florida corporation ("Tenant"). Landlord hereby leases to tenant a portion of the real estate commonly known as the City of Boynton Beach Public Works Site located at 510 NW 14`h Court in the City of Boynton Beach, County of Palm Beach, in the State of Florida ("Property") whose permanent property parcel identification number 08434521340010000 and legal description are attached together with a site plan as Exhibit "A". The Property is leased for the purpose of erecting, maintaining, operating, improving, supplementing, posting, painting, illuminating, repairing, repositioning and/or removing one (1) outdoor advertising structure, which shall contain two (2) electronic changeable sign faces (light -emitting diode — "LED) digital advertising technology in compliance with Chapter 479 of the Florida Statutes, Chapter 14-10 Florida Administrative Code, and that certain Settlement Agreement dated October 5, 2001, attached as Exhibit "B", including, without limitation, fixture connections, electrical supply and connections, panels, signs, copy and any equipment and accessories as Tenant may place thereon (collectively, the "Structure"). Wilton Manors Street Systems, Inc. currently holds the rights to two of the nine outdoor advertising structures contemplated by the Settlement Agreement. The Structure contemplated by this Lease shall constitute one of Wilton Manors Street Systems, Inc.'s two outdoor advertising structures. The Settlement Agreement remains in full force and effect in all respects except that should Wilton Manors, Street Systems, Inc., its licensees, heirs, successors or assigns requests to erect the one additional outdoor advertising structures permitted by the Settlement Agreement, the City agrees to approve, permit and allow for either or both of the sign faces on that structure to contain electronic changeable sign faces (light -emitting diode ("LED")) digital advertising technology for that outdoor advertising structure. This Lease includes all necessary rights of ingress and egress and utility access. Further, Tenant may license the use of the Structure, or any portion thereof, for any lawful purpose. Page 111 of 960 2. Term: This Lease shall be in effect for an initial term of Thirty (30) Years, commencing on the first day of the first month following completion of construction as indicated by a Final Inspection approval by the City of Boynton Beach. If another government or quasi -government entity acquires the property, then the Lease shall be extended to the date which is 30 years from the date of acquisition. 3. Rent: The Structure shall contain two (2) Electronic Changeable Sign Faces (light - emitting diode — "LED") digital advertising technology: Tenant shall apply for necessary approvals for the installation of two (2) Electronic Changeable Sign Faces to be permanently installed on the south facing and the north facing (for northbound and southbound traffic on Interstate 95) of the Structure.. Within 150 days of issuance of the necessary approvals for the installation and operation of two (2) Electronic Changeable Sign Faces to be installed on the Structure, Tenant shall purchase and install the Electronic Changeable Sign Faces and, upon final inspection and approval by the City of Boynton Beach, on the first day of the first month following such final inspection approval by the City, Tenant shall pay the City the first Annual Base Rental sum of $50,000. On the first anniversary of the Lease and on every anniversary thereafter, the Annual Base Rent shall be increased by the sum of three per cent (3%) per year over the previous year. (1) Promotional Digital Advertising Space to the City. As additional compensation, Tenant shall provide Landlord with digital advertising space on the Structure to advertise and promote the City of Boynton Beach and community events and programs within the City (i.e.; events such as the City's annual Founder's Day). In consideration for the execution of this Agreement and improvement to digital advertising technology by Landlord, at no cost or expense to the City of Boynton Beach, Tenant agrees to provide to the City of Boynton Beach one guaranteed cycle in a standard rotation on the Electronic Changeable Sign Face(s) of the Structure for five (5) blocks of time during each calendar year with each block being two (2) weeks long. In addition to these blocks of time, Tenant will also make a spot available in the sign rotation for times of State declared emergency, for example, and by way of illustration and not limitation, prior to, during and after a hurricane. Page 112 of 960 (2) Ongoing Obligation to Provide Digital Advertising Space. The provision of such advertising space to the City of Boynton Beach will continue for so long as the Structure, with Electronic Changeable Sign Faces exists and is operated on the Property. (3) Provision of Copy and Artwork. Prior to the City of Boynton Beach's display of digital advertising on the Structure, Tenant shall provide the sign face and coordinate the display of the City advertising message as reasonably directed by the Landlord/City of Boynton Beach, at no expense to the City. Tenant and Landlord agree to work together on a cooperative basis in accomplishing the foregoing. 4. Compliance with Chapter 14-10 Florida Administrative Code. Chapter 14-10.004 (9) and (10) F.A.C. provides as follows: (1) Lighting. Signs shall not be illuminated by flashing, intermittent, or moving lights. Signs shall not be illuminated so that it interferes with the effectiveness of or obscures an official traffic sign, device, or signal. (2) Changeable messages. Signs may have an automatic changeable facing provided: a. The static display time for each message is at least six seconds; b. The time to completely change from one message to the next is a maximum of two seconds or, if messages are displayed digitally, the message must change instantaneously.. C. The change of message occurs simultaneously for the entire sign face; and, d. All signs with changeable messages shall contain a default design that will ensure no flashing, intermittent message, or any other apparent movement is displayed should a malfunction occur. 5. Light produced by the digital billboard(s) shall not exceed 0.3 Footcandles over ambient light levels. a. The digital billboards(s) shall have Automatic Dimming Capability. Automatic Dimming Capability means that the digital billboard(s) shall automatically adjust as ambient light levels change. An automatic light sensing device (such as photocell or similar technology) shall be utilized for adjusting the 3 Page 113 of 960 digital billboards(s) brightness. Sunset -sunrise tables and manual methods of controlling brightness shall not be acceptable as a primary means of controlling brightness. b. In the event that Landford reasonably believes, or receives a complaint regarding the brightness of Tenant's digital billboard(s) and notifies Tenant, Tenant shall address said complaint within forty-eight (48) hours and report back to Landlord with the action taken by Tenant. 6. This Lease shall continue in full force and effect for its initial term and renew automatically, provided that Tenant is not in default on the day of renewal, unless at least one hundred eighty (180) days prior to the end of any such initial or subsequent term Landlord or Tenant gives written notice of termination. During any term of,this Lease and for a period of ninety (90) days following any termination of this Lease, Landlord grants Tenant the right of first refusal to match any offer acceptable to Landlord for the use or purchase of all or any portion of the Property. A copy of any such third -party offer received by Landlord shall be delivered to Tenant. Tenant shall then have thirty (30) business days from the date of delivery in which to match any such offer by giving written notice to Landlord. If ownership of the Property changes, Landlord shall promptly notify Tenant of such change in writing. Prior to transferring ownership of the Property, Landlord shall furnish the new owner with a copy of this Lease. 7. Tenant is the owner of this Structure and has the right to remove the Structure at any time or within one hundred twenty (120) days following the termination of this Lease. If for any reason, Tenant's Structure is removed, materially damaged or destroyed, all rent payments shall cease unless and until the Structure is rebuilt. If the Structure is removed for any reason, both the above -ground and foundation portions of the Structure need to be removed by Tenant. Tenant has the sole right to make any necessary applications with, and obtain permits from, governmental entities for the construction, use and maintenance of the Structure, and Landlord hereby grants Tenant a limited power of attorney for this purpose. All such permits shall remain the property of Tenant. Tenant shall have no obligation to pursue any zoning matter or to continue to maintain any permit. Any such action shall be at Tenant's option. Tenant shall be required to 4 Page 114 of 960 maintain and service its Structures (including any supporting or necessary structures, footings, devices, electrical power and connections) in a reasonably safe and operational condition on the Property for which use or uses are permitted by law throughout the Term of this Lease, including any extensions thereof. Tenant shall keep the Property and its surrounding area free of unused sign materials, sign debris or discarded materials at all times during this Lease. Tenant's failure to maintain the Property and its surrounding area free of prohibited materials, and failure to correct such defects within sixty (60) days following written notification by Landlord shall constitute a material breach of this Lease. 8. Tenant shall be responsible for the annual payment of applicable Tangible Personal Property -taxes for its sign Structures. Landlord shall be responsible for the annual payment of Real Property Taxes for the Property, if applicable. 9. Landlord and Landlord's tenants, agents, employees or other persons acting on Landlord's behalf, shall not place or maintain any object on the Property or any neighboring property owned or controlled by Landlord which, in Tenant's reasonable discretion, would materially obstruct the view of the advertising copy on the Structure. If Landlord fails to remove the obstruction within five (5) days after written notice from Tenant, Tenant may, in its sole discretion, (a) remove the obstruction at Landlord's expense; (b) cancel this Lease following separate written notice of cancellation, remove the structure and receive all pre -paid rent for any unexpired term of this Lease; or (c) reduce the rent to One Hundred Dollars ($100.00) per year while the obstruction continues. Tenant may trim or prune any trees and vegetation currently on the Property or any neighboring property owned or controlled by the Landlord as often as Tenant in its reasonable discretion deems appropriate to prevent obstructions. Any such trimming or pruning shall be in accordance with accepted arborist standards. Without limiting the foregoing, Landlord shall not permit the Property or any neighboring property owned or controlled by Landlord to be used for off -premise advertising. 10. If, in Tenant's sole opinion, (a) the view of the Structure's advertising copy becomes entirely or partially obstructed, (b) electrical service, excluding minor interruptions in electrical service (i.e., storm outages), is unavailable; (c) the Property 5 Page 115 of 960 cannot safely be used for the erection or maintenance of the Structure for any reason; (d) there is a diversion reduction (by thirty percent (30%)) or change in directional flow of traffic on Interstate 95 (1-95) adjacent to or leading to or past the Property; (e) the Structure's value for advertising purposes is diminished by thirty percent (30%); (f) Tenant is unable to obtain or maintain any necessary permit for the erection, use and/or maintenance of the Structure; or (g) the Structure's use is prevented or restricted by law, then Tenant may, upon one -hundred eighty ( 180) days (or thirty (30) days with respect to clause W of this Section 8, written notice to Landlord, cancel this Lease and receive all pre -paid rent for any unexpired term of this Lease. If Tenant is prevented from illuminating its signs by law or other legal cause beyond Tenant's control, rent shall be reduced by one-third for any such period of non -illumination. 11. If the Structure or the Property, or any part thereof, is condemned by the proper authorities; taken without the exercise of eminent domain, whether permanently or temporarily; or any major right-of-way from which the Structure is visible is relocated, Tenant shall have the right to relocate the Structure on Landlord's remaining property with Landlord's consent, such consent shall not be unreasonably withheld, or to terminate this Lease upon not less than one hundred eighty (180) days written notice and to receive all pre -paid rent for any unexpired term of this Lease. Tenant shall be entitled to all compensation and other remedies provided by law, including, without limitation, just compensation for the taking of the Structure and Tenant's leasehold interest in this Lease, and/or relocation assistance. Landlord shall assert no rights in such interests. If condemnation proceedings are initiated, Landlord shall use its best efforts to include Tenant as a party thereto. No right of termination set forth anywhere in this Lease may be exercised prior to the purchase by or sale to any entity with the power of eminent domain, or by, or for the benefit of any entity with the power of eminent domain. 12. Landlord represents that it is the owner (or owner's authorized agent) of the Property and has the authority to enter into this Lease. 13. If the Property is currently encumbered by a deed of trust or mortgage, ground lease or other similar encumbrance, Landlord shall deliver to Tenant on or before the 6 <& Page 116 of 960 commencement date hereof a non -disturbance agreement in a form reasonably acceptable to Tenant. 14. If (a) Tenant has not been informed of the new address of Landlord or its authorized agent or (b) two or more of the monthly payments sent by Tenant are not deposited by Landlord within ninety (90) days after the last such payment is sent by Tenant, then no further rent shall be payable (although rent continues to accrue) hereunder for the period commencing with the due date of the first such payment not deposited and continuing forward until Landlord (i) gives Tenant notice of its new business address or that of its authorized agent or (ii) deposits all previous payments. In either case, Tenant's rent obligations shall be reinstated retroactively as if neither event described in (a) or (b) of this section had occurred, all accrued rent shall be due and payable, and prior rent shall also be due and payable unless previous payments were deposited as described in (ii) of this section and honored by the applicable financial institution. 15. Tenant shall indemnify and hold Landlord harmless from all damage to the Property or injury to persons caused by the Structure, Tenant, Tenant's employees, agents, licensees, and contractors. Landlord shall indemnify and hold Tenant harmless from all damage to the Structure or injuries to persons caused by Landlord, Landlord's employees, agents, licensees, and contractors. 16. Signs on the Structure permitted by this Agreement shall not display any advertising of any establishment or business that, in the Landlord's sole opinion, could reasonably be characterized as providing adult sexual entertainment, nor shall any sign contain sexually graphic materials. No signs shall contain any obscene language or language that describes sexual conduct or graphics that depict sexual conduct. 17. Tenant shall maintain throughout the Term of this Lease as may be renewed from time to time a policy of commercial general liability insurance with limits of not less than $2,000,000 covering liability arising from Structure and Tenant's use of the Property or Tenant's operations, employees, independent contractors, personal injury, advertising Page 117 of 960 injury and liability. Such policy shall specifically name Landlord/City of Boynton Beach as an additional insured party and a certificate of insurance shall be provided to Landlord prior to commencement of construction, and for each annual renewal of the required policy. Tenant's obligations under this provision operate independently of Tenant's obligations under paragraph 13 of this Lease. 18. This Lease is binding upon the heirs, assigns, and successors of both Landlord and Tenant. Landlord agrees not to assign this Lease to any competitor of Tenant without Tenant's written permission. Tenant shall have the absolute right to assign or sublet -the Structure following approval from Landlord. Landlord shall not unreasonably withhold any such approval. 19. Any notice to any party under this Lease shall be in writing, sent by certified or registered mail and shall be effective on the earlier of (a) the date when delivered and receipted for by a person at the address specified within this Lease, or (b) the date which is three (3) days after mailing (postage prepaid) by certified or registered mail, return receipt requested, to such address; provided that in either case notices shall be delivered to such other address as shall have been specified in writing by such Party to all parties hereto prior to the notice being delivered. 20. If legal proceedings are instituted or suit is brought and attorneys are retained by either party because the other party breached this Lease, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and all related costs and expenses. 21._ Neither Landlord nor Tenant shall be bound by any terms, conditions, or oral representations that are not set forth in this Lease. This Lease represents the entire agreement of Tenant and Landlord with respect to the Structure and the Property and supersedes any previous agreement. Landlord hereby grants Tenant all rights necessary to record a memorandum of this Lease without Landlord's signature, including a limited power of attorney for such purpose, and requires Tenant to do so furnishing certified copies of such recordation to Landlord. e IV Page 118 of 960 LANDLORD: CITY OF BOYNTON BEACH, FLORIDA Witness: ( ,2U =(U III JU % fj Catherine Cherry (Print Name) Witness: SHAYLA ELLIS (Print Name) By: 5�f Ze Its: q4,, Address: 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33435-0310 (561) 742-6000 APPROVE® AS TO FORM: STATE OF FLORIDA ) )SS: `r I ATTORNEY COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the Count aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me byCNe J e-,c� Sri of the CITY OF BOYNTON BEACH, FLORIDA, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He/She is K) personally known to me or 0 has produced as identification. Wit ss my hand and official seal in the County and State last aforesaid this c day of 2016. Notary Public _ My Commission expires:.,3)'� TAMMY L STANZIONS MY COMMISSION # FF213683 EXPIRES March 25. 2019 14C7�3,38-0'53 norldaNWaryServke.corr [Signatures continue on next page] Page 11'f 960 Witness: (Print Name) Witness: (Print Name) STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) Address: 2755 NE 28th Avenue, #D-3 Lighthouse Point, FL 33064 (954) 806-7870 I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me by DANIEL L. HARDIN, President of WILTON MANORS STREET SYSTEMS, INC., freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He is Opersonally known to me or .Q has produced ``7 i` k J G-2. h6ewS4— as identification. Witness my hand and official seal in the County and State last aforesaid this ,22 day of A�c4 2016. ` f otary P A I i c My Commission expires: A° .' Ftp ll P Regis 'afiniissisn i. FF968106 -larch 6, 2020 CEii thru Raton NOUI 10 Page 120 of 960 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.00-8577-CIV-MIDDLEBROOKS/BANDSTRA (As Consolidated with 00-8803-CIV-MIDDLEBROOKSIBANDSTRA) FLORIDA OUTDOOR ADVERTISING, LLC, and GOLD COAST ADVERTISING, INC. . Plaintiffs, ` VS. CITY OF BOYNTON BEACH, Defendant. SETTLEMENT AGREEMENT This Settlement Agreement is entered into this day of , 2001, by and between plaintiffs and appellees, Florida Outdoor Advertising, LLC, (""FOA ). Gold Coast Advertising, Inc. ("GOLD COAST') and defendant and appellant, the City of Boynton Beach ("the CITY"). WHEREAS, FOA filed suit against the CITY as evidenced by Case No_ 00-8577 CIV; GOLD COAST subsequently filed suit against the CITY as evidenced by Case No. 00-8803; and the lawsuits were joined, and WHEREAS, an Order in Case No. 00-8577 CIV was filed on June 27, 2001, Denying Defendant's Motion for Summary Judgement and Granting Plaintiffs' Cross -Motions for Summary Judgement; and WHEREAS, Defendant, CITY timely filed a Notice of Appeal; and WHEREAS, FOA and GOLD COAST are sign companies that seek to construct signs for commercial and non-commercial speech at locations adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising; and WHEREAS, FOA filed a total of fifteen (15) permit applications with the CITY for construction of signs prior to the filing of Case No. 00-8577 CIV, and GOLD COAST filed a total of five (5) permit applications with the CITY for construction of signs prior to the filing of Case No. 00-8803; and WHEREAS, FOA has agreed to reduce the number of sign permits from fifteen (15) if the CITY agrees to issue six (6) permits to FOA to construct signs adjacent to the interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising at the locations listed and shown on Exhibit "A", attached hereto and incorporated herein; and WHEREAS, GOLD COAST has agreed to reduce the number of sign permits from fire (5) if the CITY agrees to issue three (3) permits to GOLD COAST to construct signs adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising at the locations listed and shown on Exhibit "B", attached hereto and incorporated herein; and WHEREAS, FOA and GOLD COAST have full authority to enter into this Agreement; and Page 121 of 960 WHEREAS, the CITY is entering into this Agreement as a compromise of a disputed claim; the CITY does not admit any liability; and WHEREAS, all parties consider it to be in their best interests and in the interests of the citizens and property owners of Boynton Beach to approve this Agreement. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree each with the other as follows: Section 1. Recitals. The recitals above are true and correct. Section 2. Harmony of Regulations. All sign locations shall be inspected, approved and permitted in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising prior to the final issuance by the CITY of a building permit. Section 3. Sign Construction. FOA shall be permitted to construct six 6 signs within the Interstate 95 corridor through the CITY. GOLD COAST shall be permitted to construct three 3 signs within the Interstate 95 corridor through the CITY. The upper structure of the signs may be double -sided with a "V " shape on a single pole base as shown on Exhibit "C". The single pole is not required to be directly in the middle of the sign and may be on one end. The total height of the signs shall not exceed sixty-five (66') feet over the adjacent main -traveled way of Interstate 95 to the top of the signs, as shown on Exhibit "C". The engineering and construction of the signs shall be done in accordance with and shall comply with the Southern Building Code. Tri Vision type sign faces are restricted and may be utilized on only Three (3) sign faces constructed by FOA and on only One (1) sign face constructed by GOLD COAST. Section 4. Alternate Sites. In the event any of the six (6) properties on Exhibit "A" or the three (3) properties on Exhibit "B" are not used as Sign sites or are "TO BE DETERMINED", FOA and/or GOLD COAST may substitute another property for Sign site permitting by the CITY, provided said site is within the interstate 95 corridor and the sign face shall be placed so as to be primarily visible from Interstate 95. The CITY shall not unreasonably deny a Sign permit to FOA and/or GOLD COAST so long as the substituted site otherwise conforms to FDOT permitting requirements, the limitations set forth herein, and the maximum number of Signs shall not exceed six (6) and three (3). Section S. Residential Use Setback. Signs permitted by this Agreement shall not be located within 250 feet of any Residential Use, except on parcel number'08434528150740070 where one sign may be permitted at the discretion of FOA not less than 150 feet from a Residential Use. Section 6. Highway Ramp Separation. Signs permitted by this Agreement shall not be located within 250 feet from the edge of pavement of Woolbright Road, Boynton Beach Boulevard or Gateway Boulevard. Section 7. Sion Size. Signs permitted by this Agreement shall not exceed 672 square feet per sign side. The size and height of the signs shall not exceed any of the dimensions as shown on Exhibit "C", attached hereto and incorporated herein, except for embellishments. Embellishments shall not exceed 206% . thereof or extend more than 5 feet beyond the outside edge of any side of the signs. Section S. Sign Liahting. Signs permitted by this Agreement may be illuminated, however, a sign which contains, includes, or is illuminated by any flashing, intermittent, or moving lights is prohibited, except that lights embodied in the signs may be used. Further, the signs shall be so illuminated that they do not interfere with the effectiveness of or obscure an official traffic sign, device. or signal. Page 122 of 960 Section 9. Adult Content Prohibited. Signs permitted by this Agreement shall not display any advertising of any establishment or business that could reasonably be characterized as providing adult sexual entertainment, nor shall any sign contain sexually graphic materials. No signs shall contain any obscene language or language that describes sexual conduct or graphics that depicts sexual conduct. Section 10. Mitigation_ In order to minimize the effects of construction of the number of signs for which applications were originally filed, and the expense of continued litigation and attorneys fees, the CITY, FOA and GOLD COAST agree that six 6 sign permits shall be issued to FOA. and three 3 sign permits shall be issued to GOLD COAST by the CITY. Section 11. Agreement Running with FOA and GOLD COAST. This Agreement shall run with FOA and GOLD COAST and the locations permitted. This Agreement shall be binding upon the parties hereto, their successors and assigns. FOA and GOLD COAST have full authorityto enter into this agreement and implement this agreement for the application, location and signs referenced herein. Section 12. Settlement of Claim. FOA and GOLD COAST acknowledge that the CITY agrees to the construction of the signs as described above in settlement of FOA's and GOLD COAST's claims and that the CITY does not admit any liability in this Settlement Agreement. Section 13. Entire Agreement. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Agreement. Section 14. Voluntary Dismissal/Attornev's Fees and Costs. This Agreement will be filed with the Court. The lawsuits filed against the City by FOA, Case No. 00 -8577 -CIV and by GOLD COAST, Case No. 00 -8803 -CIV and the appeal thereof will be withdrawn and a voluntary dismissal with prejudice shall be filed with the Court by FOA and GOLD COAST within 10 days of all parties executing this Agreement. Each party shall bear its own Attorney's Fees and Costs. The Court shall retain jurisdiction of this action to enforce the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the date written above. ATTEST: . ':� )�• P U , City Clerk App rov s tForm: By_ a, 'Q'Kh-w4 Che4+ , City Attorney FLORIDA ?W Ger ung, Mayor EE x - WITNESSES FLORID UTDO ADV RT ING, LLC • ey: � Print Name- 1 0t -.l . Cosg�ES Do I rdin, resident Qxa, O 1M'R- _ Dated: G Print Name. -a e.JAQ.6't to ARI Page 123 of 960 STATE OF FL If A COUNTY OF fl The foregoing instrument was acknowledged before me this day of 2001, by Daniel L. Hardin, as President of Florida Outdoor Advertising, LLC. A Florida corporation, on behalfo, f the obrporatlon. He/She is personally known to me or has produced pe of identification) as identification. Sign a re of Arson Taking Acknowled ent . �°" "� Nmry �ymisrt«n�ey # * wy Co -minion "4MM0S' E*m8ped, Printed or Stamped Dated: STATE OF FL P D & J, COUNTY ��,/ The foregoing. ins ent was acknowledg fore a thi day ofde`���, — 2001, by J�-�� �,/j 7&-"! , as _-u (name of officer or agent, title of officer or agent), of Gold Coast Advertising, Inc., aRqrida corpq ion, on behalf of the corporation. He/She is personally known to me or has produced 01 pe of identification) as identification. G� Signature of Pe n Taking Acknowledgment MarAkary6 L . �mv- ed Print or Stamped y i4 Mr commission 8 p !(Ares April 20, 2004 Page 124 of 960 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.00-8577-CIV-MIDDLEBROOKS/BANDSTRA (As consolidated with 00 -8803 -CIV- MIDDLEBROOKS/BANDSTRA) FLORIDA OUTDOOR ADVERTISING, LLC, and GOLD COAST ADVERTISING, INC. Plaintiffs, VS. CITY OF BOYNTON BEACH, Defendant. SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA OUTDOOR ADVERTISING, LLC, AND GOLD COAST ADVERTISING, INC. REGARDING THE CONSTRUCTION OF SIGNS EXHIBIT "A" Florida Outdoor Advertising, LLC signs adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising: 1) Pelican Estates, Inc., 4010 Thor Drive, PCN 08434605000007060 2) Elsie Winchester, vacant land, PCN 08434528000007030 3) William Hartman d/b/a Bulldog Fence Company, 555 W_ Ocean Avenue, PCN 08434528150740070 4) AA Alpine Storage -Boynton, LLC d/b/a Extra Closet, 860 W. Industrial Avenue, PCN 08434520200000010 5) West Industrial Associates, 1300 W. Industrial Avenue, PCN 08434521000003090 6) Florentine Marble Co., Inc., vacant land, PCN 08434516000003090 Page 125 of 960 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 00-8577-CIV-MIDDLEBROOKS/BANDSTRA (As consolidated with 00 -8803 -CIV- MIDDLEBROOKS/BANDSTRA) FLORIDA OUTDOOR ADVERTISING, LLC, and GOLD COAST ADVERTISING, INC. Plaintiffs, Vs. CITY OF BOYNTON BEACH, Defendant. SETTLEMENT AGREEMENT BETWEEN THE CrI`Y OF BOYNTON BEACH, FLORIDA OUTDOOR ADVERTISING, LLC, AND GOLD COAST ADVERTISING, INC. REGARDING THE CONSTRUCTION OF SIGNS EXHIBIT "B" Gold Coast Advertising, Inc. signs adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Ruies Regulating Outdoor Advertising: 1) 3800 South Congress (PCN 08434605000007010) 2) West Side 1-95,To Be Determined in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising 3) West Side 1-95,To Be Determined in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising Page 126 of 960 City of (ONE OF TWO SIGN FACES SHOWN) EXHIBIT "C'° Adjacent Main -Traveled Way of Interstate 95 Page 127 of 960 a0 AQQM N C3 O Pe&O'4' z C) J z Q<O ZH ro cz) mo �Nr uj WM ZO U- w 0::) WZ3: 0 Z10- ci 0� ch a. 40 z w Q3 L (3 IN Lo, tea/ O a0 AQQM N C3 O Pe&O'4' z C) J z Q<O ZH ro cz) mo �Nr uj WM ZO U- w 0::) WZ3: 0 Z10- ci a0 AQQM N C3 O Pe&O'4' z C) J z Q<O ZH cz) mo �Nr uj WM ZO U- w 0::) WZ3: 0 Z10- ci 0� ch a. 40 z w Q3 L r9 S vp Pe&O'4' C) -00 aNT ci 4s O/v amn ti 'YQZA11 Rz Q5 R 14J LQ LC 7N ps Q) 2) N Lp'Oage N Q� of 960 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 20 RESOLUTION NO. R12-058 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A JOINT PROPOSAL REGARDING LOCATION AND LIMITATION OF DIGITAL OUTDOOR ADVERTISING DISPLAYS WITH CLEAR CHANNEL OUTDOOR, INC., AND WILTON MANOR STREET SYSTEMS, INC; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE NECESSARY DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2000, Florida Outdoor Advertising, LLC, Gold Coast Advertising, Inc., initiated litigation with the City over applications for sign permits which resulted in a Settlement Agreement dated October 5, 2001 that allowed the installation of certain signs adjacent to Interstate 95 in the City; and WHEREAS, Clear Channel subsequently assumed the rights of Florida Outdoor Advertising and Gold Coast Advertising under the Agreement to six billboards with a total of 11 advertising faces; and I WHEREAS, Clear Channel applied to the City for a permit to upgrade an existing sign under the Agreement to an "embodied" lighting system under Section 8 of the Agreement, "Sign Lighting." The City denied Clear Channel's application on the basis that Section 8 "Sign Lighting" did not allow the proposed upgrade; and WHEREAS, Clear Channel initiated litigation against the City in Palm Beach j County Circuit Court over the meaning of Section 8 "Sign Lighting"; and WHEREAS, Wilton Manors Street Systems made a proposal to lease City -owned property on the east side of I-95 to erect either a static faced billboard or a digital billboard; and Document in Windows Internet Explorer Page 129 of 960 1 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 2 recommendation of staff, deems it to be in the best interests of the City residents to approve 3 the joint proposal regarding location and limitation of digital outdoor advertising displays 4 with Clear Channel Outdoor, Inc., and Wilton Manors Street Systems, Inc., by approving the 5 Amendment to Settlement Agreement with Clear Channel Outdoor, Inc., and the Outdoor 6 Lease Agreement with Wilton Manors Street Systems, Inc. 7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 9 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 10 being true and correct and are hereby made a specific part of this Resolution upon adoption 11 hereof. 12 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 13 approves the Amendment to Settlement Agreement with Clear Channel Outdoor, Inc., a copy 14 of which is attached hereto as Exhibit "A". 15 Section 3. The City Commission of the City of Boynton Beach, Florida hereby 1,6 approves the Outdoor Lease Agreement with Wilton Manors Street Systems, Inc., a copy of 117 which is attached hereto as Exhibit "B". 118 Section 4. The Mayor and City Clerk are authorized to execute the necessary 1;9 documents to effectuate this approval. 20 Section 5. This Resolution shall become effective immediately upon passage. Document in Windows Internet Explorer Page 130 of 9 0 E 2 PASSED AND ADOPTED this 3`d day of July, 2012. 3 4 5 6 7 0 10 11 12 13 1�4 1� 1i7 ATTEST: 1I� 2 24 J t M. Prainito, MMC 2� ty Clerk 20 2�, °" 28 ( rkk 21, Document in Windows Internet Explorer CITY OF BOYNTON BEACH, FLORIDA 2Mayor —Woo H Vice ayor — ck McCray Orlove C i ner`-Steven Holzman' f Commissioner — Marlene Ross Page 131 of 96 F, is -058 AMENDMENT TO SETTLEMENT AGREEMENT This Amendment to Settlement Agreement ("Amendment") is made and entered into by and between Clear Channel Outdoor, Inc. ("Clear Channel") and the City of Boynton Beach, Florida ("City"), collectively ("Parties"). WHEREAS litigation between Florida Outdoor Advertising, LLC, Gold Coast Advertising, Inc., and the City over applications for sign permits, more particularly described in Case No. 00-8577-CIV-MIDDLESBOOKS/BANDSTRA (S.D. Fla.), resulted in a settlement agreement ("Agreement") dated October 5, 2001, a copy of the Agreement is attached hereto; and WHEREAS the Agreement allowed the installation of certain signs adjacent to Interstate 95 in the City subject to the terms laid out in the Agreement; and WHEREAS Clear Channel subsequently assumed the rights of Florida Outdoor Advertising and Gold Coast Advertising under the Agreement to six billboards with a total of 11 advertising faces, as shown in Exhibit "A" hereto; and WHEREAS Clear Channel applied to the City for a permit to upgrade an existing sign under the Agreement to an "embodied" lighting system, specifically a digital billboard panel, under Section 8 "Sign Lighting" of the Agreement; and WHEREAS the City ultimately denied Clear Channel's application on the basis that Section 8 "Sign Lighting" did not allow the proposed upgrade; and WHEREAS the dispute between Clear Channel and the City over the meaning of Section 8 "Sign Lighting" resulted in litigation more fully described in a lawsuit styled Clear Channel Outdoor, Inc. v. City of Boynton Beach, Florida, Case No. 50 2011 CA 014815 XXXXMB (15th Judicial Cir.). Page 132 of 960 NOW THEREFORE, in light of the foregoing and based upon the exchange of valuable consideration by and between the parties to this Amendment — including the City's agreement to allow Clear Channel to upgrade certain signs faces as described herein and Clear Channel's waiver of certain legal claims as set forth below — the Parties to this Amendment hereby agree as follows: Each of the respective Parties to this Amendment hereby mutually releases and forever discharges each of the other Parties to this Amendment and all of such Parties' successors, assigns, agents, affiliates, elected officials, officers, directors, employees, representatives, insurers, and attorneys and each of them of and from any and all claims, debts, liabilities, demands, obligations, damages, costs, expenses, attorneys' fees, enforcement actions, and causes of action of every nature which were or could have been asserted in Clear Channel Outdoor, Inc. v. City of Boynton Beach, Florida, Case No. 50 2011 CA 014815. Each Party will bear their own fees and costs. Clear Channel will: • agree not to apply to upgrade any additional signs shown on Exhibit A to digital billboard displays based on the terms of the Agreement, other than those described herein. To the extent generally applicable City regulations will allow additional sign faces to be upgraded to digital billboard displays, such upgrades shall not be limited or restricted hereby; and • display advertising copy on the digital billboard sign face listed as Number 1 on Exhibit A hereto, once upgraded to a digital billboard display, on behalf of the City, with no charge for advertising space, for the following advertising messages only: public service, welcome messages, or City -sponsored community events in the City of Boynton Beach ("City Messages"), subject to the following conditions and parameters: E Page 133 of 960 (i) All copy will be submitted to Clear Channel at least 10 (ten) business days before the proposed display date and will be subject to Clear Channel's standard advertising copy rejection and removal policies which allow Clear Channel the right in Clear Channel's sole discretion to approve or disapprove copy and remove copy once posted or displayed. Copy shall be submitted in "camera ready" form and within the technical specifications required by Clear Channel. (ii) While the digital sign face is installed on the sign listed as Number 1 on Exhibit A and is in operation, Clear Channel shall allow up to a total of 5 hours (e.g., 2,250 8 - second messages) of City messages per month at no cost to the City. City messages shall be comprised of eight (8) second messages (or such length as prescribed by law), each to be displayed in rotation with other advertisements. The City messages shall be reasonably distributed throughout a twenty-four (24) hour period. (iii) If at any time in the future Clear Channel removes the digital sign face from the sign structure or is unable to operate the digital sign face, for any reason, the City Messages commitment in this section shall be automatically terminated and rendered null and void. Clear Channel would then be under no obligation whatsoever to provide the City with any type of free advertising space. However, any time Clear Channel operates the sign face listed as Number 1 on Exhibit A hereto with digital technology, the City Messages commitment shall remain in place. (iv) The City shall not charge for, or exchange goods or services for, any space on a Clear Channel digital billboard sign. (v) It is expressly understood and agreed that City Messages may not include any names, logos or marks associated with any third party non-governmental person or 3 Page 134 of 960 entity or any products or any services associated with any third party non- governmental person or entity. (vi) Any of said described space on the sign unused by the City at the end of a calendar month shall not rollover and will be forfeited; and • dismiss the case styled Clear Channel Outdoor, Inc. v. City of Boynton Beach, Florida, Case No. 50 2011 CA 014815 XXXXMB (15th Judicial Cir.) with prejudice within five (5) days of the completion of the upgrade to a digital billboard display of the sign face listed as Number 1 on Exhibit A as described below. The parties agree to stay all proceedings until such dismissal. The City will: • allow Clear Channel to immediately upgrade its existing sign structure to a digital billboard display on the sign face listed as Number 1 on Exhibit A hereto; and • allow Clear Channel to upgrade its existing sign structure to a digital billboard display on the sign face listed as Number 2 on Exhibit A any time after January 1, 2013. Thus, Clear Channel may upgrade a total of two (2) of the 11 faces listed on Exhibit A in accordance with this staggered schedule. While Clear Channel is authorized under this Amendment to operate the signs with digital technology, according to the schedule herein, Clear Channel shall be under no obligation to operate the signs solely with digital technology. Clear Channel maintains the right to choose to operate the sign faces as either traditional static or digital, at its sole option, under the Agreement. So long as those signs upgraded to digital billboards are operated in compliance with Florida state law they shall not be considered as utilizing flashing, intermittent, or moving light in violation of City regulations. 4 Page 135 of 960 The Parties further agree that this Amendment may be executed in one or more counterparts, all of which taken together shall constitute one agreement once delivered in any medium to the other Parry. REVIEWED, APPROVED, AND ACCEPTE Y: DATED: June fS, 2012. By: i Witness No. 1 Witness No. 2 Sworn to and subscribed before me this day of June, 2012 GPS6Lc�L �' U-') U't'�' N TARY PUBLIC On Behalf of Clear Channel Outdoor, Inc. Its: VP CC ate- My Commission Expires: S ' ZU 12 REVIEWED, APPROVED, AND ACCEPTED BY- Jul Y•Jul DATED: Jria t2 , 2012. By: n ge alf of the City -7--t-4TFRi t" Its: CITY MANRGEFL Witness No. 1 WitAtss No. 2 APPROVED ED ' to and subsc ed before me this ((P'l day of �, 012 MARY PU$,LC -1qberffla r)imjfi My Commission Expires:_ _-V nF 1,_� ,(�( V) 5 ATTORNEY ial,ar."u��c CATHERINECHERRY4A MM * MY COMMISSION # EE 207830 * EXPIRES: June 12, 2016 Page 136 of 960 .hs►4zo, .ZJ"pi .tGp7.,1 ion UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO, 00.8577-CIV-MIDDLESItOOKS(BANDSTtZA (As Consolidated with 00-8803-CIV-MIDDLEBROOX$IBAN09TRA) FLORIDA OUTDOOR ADVERTISING, LLC, and GOLD COAST ADVERTIMNO, INC. Plaintiffs, vs. ' CITY OF BOYNTON BEACH, Defendant. I SETTLEMENT AGREEMENT This Settlement Agreement is entered into 111134— day or Ci'C:eif/s1 . 2001. by and between plaintiffs and appoltaes, Florida Outdoor Advertising, LLC, ("FOA'), Gold Coast Advertising, Inc (-GOLD COAST") and defendant and appellant, the City of Boynton Beach rthe CITY"). WHEREAS, FOA fled suit against the CITY as evidenced by Case No. 00-8577 CiV, GOLD COAST subsequently filed suit against the CITY as evidenced by Case No. 00-8603; and the lawsuits were joined, and WHEREAS, an Order in Case No, 00.8677 CIV was filed on June 27, 2001, Denying Defendant's Motion for Summary Judgement and Granting Plaintiffs' Cross, Monona for Summary Judgement. and WHEREAS. Defendant, CITY timely riled a Notice of Appeal; and WHEREAS, FOA and BOLD COAST are sign companies that seek to construct signs for commercial and non-commercial speech at locations adjacent to the interstate 95 corridor through the CITY in confornwy troth Florida Department of Transportation Rules Regutift Outdoor Advertising; and WHEREAS, FOA filed a total of fifteen (15) permit applicelions with the CITY for Construction of signs prior to the filing of Case No. 00-8577 CIV, and GOLD COAST filed a total of five (5) perrrdt applications with the CITY for construction of signs prior to the filing of Case No. 00.8803, and WHEREAS, FOA has agreed to reduce the number of sign permits from fifteen (15) it the CITY agrees to issue six (6) permits to FOA to construct signs ad)aceM to the Interstate 85 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising at the locations listed and shown on Exhibit "A', attached hereto and incorporated herein; and WHEREAS, GOLD COAST has agreed to reduce the number of sign permits from five (5) if the CITY agrees to Issue three (3) permits to GOLD COAST to construct signs ad)acent to the interstate 85 comdor through the CITY In conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising at the locations listed and shown on Exhibit "S', altaofled hereto and incorporated herein; and WHEREAS, FOA and GOLD COAST have fullauthority to enter into this Agreement, and Page 137 of 960 WHEREAS, the C17Y Is entering into this Agreement as a compromise of a disputed daim; the CITY does not admit any liabifly; and WHEREAS, all parties wriaider 4 to be in their best b)tarssts and in the Interests of the cozens and property owners of Boynton Beach to approve this Agreement. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree 080 with the other as lc IM": set tion i. fftfts, The recitals above are true and correct. Sedtfon' 2. HM"My of RggWj ions. All shpt Iccatlonsi shd be inspected, approved and permitted in conformity with MorWa Deparftnent of Transportation Rules- Regulating Outdoor Advertising prior to the Anal lasuanoe by the CITY of a budding permit Section g. Sian Conatructlon FOA shall be permitted to construct $Ix rt31 signs within the Interstate 95 corridor through the CITY. GOLD COAST shall be permitted to construct three t f3 signs within the Interstate 85 corridor through the CRY. The upper sfruoture of the signs may be double -sided with a "V " shape on a single pole base as shown on Exhibit "C. The skpte pole is not required to be directly In the middle of the sign and may be on one and. The total height of the signs shall not exceed sbtty4ve (65') feet over the ed)aoont main -traveled way of Interstate 95 to the top of the signs, as shown on Exhibit "C". The engineedrig and constriction of the signs theft be done in accordance with and shall comply with the Southern BuWbV Code. Tri -Vision type sign laces orb restricted and may be utilized on only 11wM (3) sign faces constructed by FOA and an only 9M (1) sign face constructed by GOLD COAST. ct o 4. Aftemate S&es. In the event any of the six (0) properties on Exhibit "A" or the three (3) properties on Exhibit "S" are not used as Sign Wm or are TO BE GSTERMINED", FOA andlor GOLD COAST may substitute another property for Sign site permitting by the CITY, provided said site is within the interstate 95 corridor and the sign face shall be placed so as to be prkna* visible from interstate 95. The CITY shall not unreasonably deny a Sign permit to FOA sailor GOLD COAST so long as the substituted site otherwise conforms to FDOT parmNtktg retluirerwhit, the limitations tet forth herein, and the maximum number of Signs shell not exceed six (6) and three (3). UcORBA. lorded Use Setback. Signs permitted by this Agreement shalt not be located within 250 feet of any Rossidential Use, except on parcel number 08434MS160740070 whore one sign may be permitted at the discretion of FOA not lest than 150 feet from a Residential Use. Uctign 6 Histhwpy Ramer fteriallon. Signa permitted by this Agreement shalt not be located within 250 feel from the edge of pavement of Woolbright Road, Boynton Seem Boulevard or Gateway Boulevard. Section 7. ,SL n Slze. Signs permitted by this Agreement shelf not exceed 672 square feet per sign side. The size and height of the signs snail not exceed any of the dimensions as shown on Exhibit "C", attached hereto and incorporated heroln, except for embabiahments. Embellishments shall not exceed 20% thereof or extend more than 5 feet beyond the outside edge of any side of the signs. Sj�doa8. §Ion Lightirt . Signs permitted by Us Agreement may be illuminated, however, a sign which contains, includes, or Is Ruminated by any flashing, Intermittent, or moving lights Is prohibited, except Ihat lights embodied in the signs may be used. Further, the sign: shall be so Illuminated that they do not interferewith the effectiveness of or obscure an of ic; al traiflo sign, device, or signal. Page 138 of 960 Sot a 9. Ault CyOW4 ProhbRad. Signs permitted by thle Agreement shell not display any advertising of any establishment or business that could ressonably be characterized as providing adult sexual entertainment, nor shall any sign contain sexually graphic materials. No signs shall contain any obscene language or language that describes sexual conduct or graphics that depicts sexual conduct fgction ill. W0 . to order to mi Nmize the effects of construction of the number of signs for which applications were originality filed, and the expense of continued litigation end attorneys fees, the CITY, FOA and GOLD COAST agree that &_M sign permits shall be issued to FOA. and three sign permits shall be issued to GOLD COAST by the CITY. Sesft I I. Acragm�tjunr loci �i lh FOA ggg GOL2 COAST. This Agreement shell run vnth FOA and GOLD COAST and the locetiww permitted. This Agreement shag be binding upon the parties hereto, thterr successors and assigns. FOA and GOLD COAST have ItAl authority to enter into this agreement and Implement this agreement for lite application, location and a" referenced herein. Se9flon I . 5etlIntint of Claim. FOA and GOLD COAST acknowledge that the CITY agrees to the construction of ft signs as deecMed above In settlement of FOA's and GOLD COAST's claims and that the CITY does not admit any liability in this Betdemont Agreement. S2StIoq1 . Elting, AarggM This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof. It is Uro final expression of agreement between the partes, thus. neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made effher prior to or simultaneous with the execution of this Agreement. aection 14. MolIMI Df DIIM sstlAMWA Fan Mg C lIg. This Agreement will be feed wsth the CourL The lawsuits filed against the City by FOA, Case No. 00.8877 -CIV and by GOLD COAST, Case No. 00 -8803 -CIV and the appeal thereof will be withdrawn and a voluntary dismissal with pralmics shall be filed with the Cmirl by FOA and GOLD COAST within 10 days of all parties executing this Agreement. Each party shall bear its own Attorney's Fees and Costs. The Court shalt retain jurisdiction of this action t0 enforce the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the date wTihen above. ATTEST: CItY\\(t3tt1 NJ>}f N FLORIDA By; t !Q City Clerk ?nMa g, yor S ►- o Approv s t Form: e u m �92q 177411"s Che t ,CtyAttorney Oft tO?�\0\`��` WITNESSES FLOW UTDO RADVEER T NG, LLC mI Name — Dory t .IM rdk1(/ resident ` J �¢' zati& Dated: Print Name. 98"e- turw —" M Page 139 of 960 STATE OF FL I A COUNTY OF M[ rj The foregoing instrument was acknowledged befom me Ihis dey 066c. 'L 2001, by Daniel L. Hardin, as President of Florkld Outdoor Advertising, LIC. A FtorWa corporation, on behalf of the oration. HoMhe Is personally known to me or has produced��CB^" a -P ny a of klentification) as idenlifloation. r ` - "fry ea-n�,m of frson Taking ent �►�'* W raomniYbnbOe7111a N -:y ZvR" ed, Rind Or Stamped Pr ��a�41:r, a . / r /_ 1� _ iii ♦ _i A / MIN !!!�l1�ii'�..c,44 STATE OF FLq &tk A— COiJNTY OF foregoing in t was ackn In day of e4 2001, by 6e {name of oftioer or agent, title of officer or agent , of Gokd Coast Advertising tnc., a;.: Ada corp bn, on behalf of the corporation. HefShe is personally known to me or has produced ' C_OcNYDe of IdenWlcalion) as idenlificellon. Slgnan+m of Pe n Taking Acknowledgment #* �� _ �aC or Stanrpf ed d- sv WOW. "70,2004 Page 140 of 960 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 0Wd877-CIV-M IWLEBROOKSIBANDSTRA (As consolidated with 00480341/ NDDLEPROOKS/BANDSTRA) FLORIDA OUTDOOR ADVERTISING, LLC, and GOLD COAST ADVERTISING, INC. Plalnuffs, Y3. CITY OF BOYNTON BEACH, Defendant. / SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA OUTDOOR ADVERTISING, LLC, AND (TOLD COAST ADVERTISING, INC. REGABPJNQ,IM CONSTRUCTION QF JIGNS EXHIBIT W Florida Outdoor Advertising, LLC signs adjacent to the Interstate 95 corridor through the CITY in conforrtuty with Florida Department of Transportation Rules Regulating Outdoor Advertising: I ) Pelican Estates, Inc., 4010 Thor Drive, PON 0843460500OW7060 2) Elsie Winchester, vacant land, PCN 08434528000007030 3) William Hartman d/b/a Bulldog Fence Company, 555 W. Ocean Avenue, PCN 08434528150740070 4) AA Alpine Storage -Boynton, LLC d/b/a Extra Closet, 860 W Industrial Avenue, PCN 08434520200000010 5) West Industrial Associates, 1300 W. Industrial Avenue, PCN 08434521000003090 (3) Florentine Marble Co., Inc., vacant [arid, PCN 08434516000003090 Page 141 of 960 r - UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. Q04577-CIV-MID0LE$ROOK5/BAND3TRA (As consolidated with 00.8809 -CIV• MIDDLE8ROOKS18ANDSTRA) FLORIDA OUTDOOR ADVERTISING, LLC, and GOLD COAST ADVERTISING, INC. Plaintiffs, VS. CITY OF BOYNTON BEACH, Defendant. SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA OUTDOOR ADVERTISING, LLC, ANO GOLD COAST ADVERTISING, INC. REGARDING THE COST M!gTION OF %ow EXHIBIT `r " Goid Coast Advertising, Inc. signs adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising: 1) 3800 South Congress (PCN 08434605=007010) 2) West Side 1-95,To Be Determined in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising 3) West Side 1-95,jo Be„petermIned in Conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising Page 142 of 960 City of BOYNTON BEACH SIDE ELEVATION (ONE OF TWO SIGN FACES SHOWN) EXHIBIT "C" Adjacent Main -Traveled Way of Interstate 95 Page 143 of 960 Exhibit "A" Page 144 of 960 List of Boynton Beach CCO 1-95 Inventory flidd Lease lV Ride, Description 1 Y. 37 I 80� WS O.�rl C rrw gh�d mill - 2• 2 13700 W149 1-95 WS 0.5mi WO Boynton Beach Blvd FIS - 1 13701 W149 145 WS O.Smi NIO Boynton Beach Blvd FIN - 7 13746 80150 1-95 WS 0.2mi MOO Gateway Blvd FIS -1 13WS 80161 1-95 WS 0.75mi SIO WootbV9 Road FIS -1 13667 801e1 1-96 WS 0.7&N SAO WoWWW Road FIN - 2 13670 80146 1-95 WS 0.&W SIO Wodbrighl Rd FIS -1 13671 80146 1-95 WS 0.5mi SIO Woolbright Rd FIN - 2 13680 80147 1-95 WS 5008 SIO Boynton Beach Blvd FIS -1 13696 80148 1-96 WS 0.25W NIO Boynton Beady BW FIS - 1 13698 80146 1-95 WS 0.25Fni NIO Boynton Beach Blvd FIN - 2 * Anniled and Dankd FAtE EXHIBIT "A" Page 145 of 960 This Lease Agreement ("Lease") is effective this lb day of _ V , 2012 and entered into by the City of Boynton Beach, a Florida Municipality ("Landlord") and Wilton Manors Street Systems, Inc., a Florida corporation ("Tenant"). Landlord hereby leases to Tenant a portion of the real estate commonly known as the City of Boynton Beach Public Works Site located at 510 N.W. 14'" Court in the City of Boynton Beach, in the County of Palm Beach, in the State of Florida ("Property"). The specific portion of the Public Works Site shall be agreed upon by the parties and described in a separate document. The Property is leased for the purpose of erecting, maintaining, operating, improving, supplementing, posting, painting, illuminating, repairing, repositioning and/or removing one outdoor advertising structure, which shall contain two static advertising faces and comply with Chapter 479 of the Florida Statutes and that certain Settlement Agreement dated October 5`h, 2001, attached as Exhibit "A," including, without limitation, fixture connections, electrical supply and connections, panels, signs, copy and any equipment and accessories as Tenant may place thereon (collectively, the "Structure"). Wilton Manors Street Systems, Inc., currently holds the rights to two of the nine outdoor advertising structures contemplated by the Settlement Agreement. The Structure contemplated by this Lease shall constitute one of Wilton Manors Street Systems, Ines, two outdoor advertising structures. The Settlement Agreement remains in full force and effect in all respects except that should Wilton Manors Street Systems, Inc., its licensees, heirs, successors, or assigns request to erect the one additional outdoor advertising structure permitted by the Settlement Agreement, the City agrees to approve, permit, and allow for either or both of the sign faces on that structure to contain electronic changeable sign faces (light -emitting diode ("LED")) digital advertising technology for that outdoor advertising structure. This Lease includes all necessary rights of ingress and egress and utility access. Further, Tenant may license the use of the Structure, or any portion thereof, for any lawful purpose. 2. Tenn: This Lease shall be in effect for an initial term of Thirty (30) Years, commencing on the first day of the first month following completion of construction as indicated by a Final Inspection approval by the City of Boynton Beach. If another government or quasi -government entity acquires the property, then the lease shall be extended to the date which is 30 years from the date of acquisition. 3. Rent: The Structure shall contain two (2) static advertising faces. Tenant shall pay Landlord upon execution of this Lease rent in the amount of One Thousand Dollars ($1000.00) for the period of time prior to complete construction of the Structure. Construction of the Structure shall commence within 120 days following issuance of all necessary governmental approvals for construction. On the first day of the first month after construction is completed, as evidenced by Final Inspection approval from the City of Boynton Beach, Annual Base Rent in the amount of $24,750.00 shall be payable in full by Tenant. On the first anniversary of the lease and on every anniversary thereafter, the Annual Base Rent shall be increased by the sum of three percent (3%) per year over the previous year. Page 146 Of 960 any portion of the Property A copy of any such third -party offer received by Landlord shall be delivered to Tenant Tenant shall then have 30 business days from the date of delivery in which to match any such offer by giving written notice to Landlord If ownership of the Property changes, Landlord shall promptly notify Tenant of such change in writing Prior to transferring ownership of the Property, Landlord shall furnish the new owner with a copy of this Lease 5 Tenant is the owner of the Structure and has the right to remove the Structure at any time or within one hundred twenty (120) days following the termination of this Lease If for any reason, Tenant's Structure is removed, materially damaged, or destroyed, all rent payments shall cease unless and until the Structure is rebuilt If the Structure is removed for any reason, both the above -ground and foundation portions of the Structure need to be removed by Tenant Tenant has the sole right to make any necessary applications with, and obtain permits from, governmental entities for the construction, use, and maintenance of the Structure, and Landlord hereby grants Tenant a limited power of attorney for this purpose All such permits shall remain the property of Tenant Tenant shall have no obligation to pursue any zoning matter or to continue to maintain any permit Any such action shall be at Tenant's option Tenant shall be required to maintain and service its Structures (including any supporting or necessary structures, footings, devices, electrical power and connections) in a reasonably safe and operational condition on the Property for which use or uses are permitted by law throughout the Term of this Lease, including any extensions thereof Tenant shall keep the Property and its surrounding area free of unused sign materials, sign debris or discarded materials at all times during this Lease Tenant's failure to maintain the Property and its surrounding area free of prohibited materials, and failure to correct such defects within sixty (60) days following written notification by Landlord shall constitute a material breach of this Lease 6 Tenant shall be responsible for the annual payment of applicable Tangible Personal Property taxes for its sign Structures Landlord shall be responsible for the annual payment of Real Property Taxes for the Property, if applicable 7 Landlord and Landlord's tenants, agents, employees or other persons acting on Landlord's behalf, shall not place or maintain any object on the Property or any neighboring property owned or controlled by Landlord which, in Tenant's reasonable discretion, would materially obstruct the view of the advertising copy on the Structure If Landlord fails to remove the obstruction within five (5) days after written notice from Tenant, Tenant may in its sole discretion (a) remove the obstruction at Landlord's expense, (b) cancel this Lease following separate written notice of cancellation, remove the structure and receive all pre -paid rent for any unexpired term of this Lease, or (c) reduce the rent to One Hundred Dollars ($10000) per year while the obstruction continues Tenant may trim or prun any trees and vegetation currently on the Property or any neighboring property owned or controlled by the Landlord as often as Tenant in its reasonable discretion deems appropriate to prevent obstructions Any such trimming or pruning shall be in accordance with accepted arborist standards Without linuting the foregoing, Landlord shall not permit the Property or any neighboring property owned or controlled by Landlord to be used for off -premise advertising 8 If, in Tenant's sole opinion (a) the view of the Structure's advertising copy becomes entirely or partially obstructed, (b) electrical service, excluding minor interruptions in electrical service (i e , storm outages), is unavailable, (c) the Property cannot safely be used for the erection or maintenance of the Structure for any reason, (d) there is a diversion, reduction (by thirty percent (30%)) or change in directional flow of traffic on Interstate 95 (I-95) adjacent to or leading to or past the Property, (e) the Structure's value for advertising purposes is diminished by thirty percent (30%) (f) Tenant is unable to obtain or maintain any Page 147 of 960 necessary permit for the erection, use and/or maintenance of the Structure, or (g) the Structure's use is prevented or restricted by law then Tenant may, upon one -hundred eighty (180) days' (or thirty (30) days' with respect to clause (f) of this Section 8) written notice to Landlord, cancel this Lease and receive all pre -paid rent for any unexpired term of this Lease If Tenant is prevented from illuminating its signs by law or other legal cause beyond Tenant's control, rent shall be reduced by one-third for any such period of non -illumination 9 if the Structure or the Property, or any part thereof, is condemned by the proper authorities, taken without the exercise of eminent domain, whether permanently or temporarily, or any major right-of-way from which the Structure is visible is relocated, Tenant shall have the right to relocate the Structure on Landlord's remaining property with Landlord's consent, such consent shall not be unreasonably withheld, or to terminate this Lease upon not less than one hundred eighty (180) written notice and to receive all pre -paid rent for any unexpired term of this Lease Tenant shall be entitled to all compensation and other remedies provided by law, including, without limitation, dust compensation for the taking of the Structure and Tenant's leasehold interest in this Lease, and/or relocation assistance Landlord shall assert no rights in such interests If condemnation proceedings are initiated, Landlord shall use its best efforts to include Tenant as a party thereto No right of termination set forth anywhere in this Lease may be exercised prior to the purchase by or sale to any entity with the power of eminent domain, or by, or for the benefit of any entity with the power of eminent domain 10 Landlord represents that it is the owner (or owner's authorized agent) of the Property and has the authority to enter into this Lease 11 if the Property is currently encumbered by a deed of trust or mortgage, ground lease or other similar encumbrance, Landlord shall deliver to Tenant on or before the commencement date hereof a non -disturbance agreement in a form reasonably acceptable to Tenant 12 If (a) Tenant has not been informed of the new address of Landlord or its authorized agent or (b) two or more of the monthly payments sent by Tenant are not deposited by Landlord within ninety (90) days after the last such payment is sent by Tenant, then no further rent shall be payable (although rent continues to accrue) hereunder for the period commencing with the due date of the first such payment not deposited and continuing forward until Landlord (i) gives Tenant notice of its new business address or that of its authorized agent or (n) deposits all previous payments In either case, Tenant's rent obligations shall be reinstated retroactively as if neither event described in (a) or (b) of this section had occurred, all accrued rent shall be due and payable, and prior rent shall also be due and payable unless previous payments were deposited as described in (n) of this section and honored by the applicable financial institution 13 Tenant shall indemnify and hold Landlord harmless from all damage to the Property or injury to persons caused by the Structure, Tenant, Tenant's employees, agents, licensees, and contractors Landlord shall indemnify and hold Tenant harmless from all damage to the Structure or injuries to persons caused by Landlord, Landlord's employees, agents, licensees, and contractors Page 148 of 960 14 Signs on the Structure permitted by this Agreement shall not display any advertising of any establishment or business that, in the Landlord's sole opinion, could reasonably be characterized as providing adult sexual entertainment, nor shall any sign contain sexually graphic materials No signs shall contain any obscene language or language that describes sexual conduct or graphics that depict sexual conduct 15 Tenant shall maintain throughout the Term of this Lease as may be renewed from time to time a policy of commercial general liability insurance with limits of not less than $2,000,000 covering liability arising from Structure and Tenant's use of the Property or Tenant's operations, employees, independent contractors, personal injury, advertising injury and liability Such policy shall specifically name Landlord/City of Boynton Beach as an additional insured party and a certificate of insurance shall be provided to Landlord prior to commencement of construction, and for each annual renewal of the required policy Tenant's obligations under this provision operate independently of Tenant's obligations under paragraph 13 of this Lease 16 This Lease is binding upon the heirs, assigns, and successors of both Landlord and Tenant Landlord agrees not to assign this Lease to any competitor of Tenant without Tenant's written permission Tenant shall have the absolute right to assign or sublet the Structure following approval from Landlord Landlord shall not unreasonably withhold any such approval 17 Any notice to any party under this Lease shall be in writing, sent by certified or registered mail and shall be effective on the earlier of (a) the date when delivered and receipted for by a person at the address specified within this Lease or (b) the date which is three (3) days after mailing (postage prepaid) by certified or registered mail, return receipt requested, to such address, provided that in either case notices shall be delivered to such other address as shall have been specified in writing by such party to all parties hereto prior to the notice being delivered 18 If legal proceedings are instituted or suit is brought and attorneys arc retained by either party because the other party breached this Lease, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and all related costs and expenses 19 Neither Landlord nor Tenant shall be bound by any terms, conditions, or oral representations that are not set forth in this Lease This Lease represents the entire agreement of Tenant and Landlord with respect to the Structure and the Property and supersedes any previous agreement Landlord hereby grants Tenant all rights necessary to record a memorandum of this Lease without Landlord's signature, including a limited power of attorney for such purpose, and requires Tenant to do so furnishing certified copies of such recordation to Landlord Page 149 of 960 (Signatures on next page) Page 150 of 960 W1 JG Witness:j�_ _ � STATE OF FLORIDA ) )SS COUNTY OF PALM BEACH ) LANDLORD: CITY OF BOYNTON BEACH FLORIDA ��-- By:--�jbb�Its: Address: 100 E Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33435-0310 (561)743-6000 I 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—L", L(.k e(L je— --- of City of Boynton Beach, Flotida freely and voluntarily under authority duly vested in him -by tai corporation and that the seal affixed thereto is the true corporate seal of said corporation HeAShe j�,, personally known to mebr who has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this It�ti_ i�� _ day of A ' , 2012. ILEAMO E CARU80 '= MY COMMI6810N # EEit5743! E%PIRES Jemjwy 06.7016 Witness: Witness•_ STATE OF FLORIDA ) )SS. COUNTY OF BROWARD ) L((Q F (-'C4/A V✓1C Notary Public My Commission Expires: TENANT: WILTON MANORS STREET SYSTEMS, INC. i By. ®resident el L ardin Its. Address- 2987 Center Port Circle, Suite 43 Pompano Beach, Florida 33064 (954) 788-4747 office (954) 788-1803 fax I 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 Daniel L. Hardin President of Wilton Manors Street Systems, Inc. freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He/She is personally known to me or who has produced as identification. W IVNESS my hand and official seal in the County and State last aforesaid this / day of 2012 Notary Public My Commission E spires. NMM! PMI" • tIf 1MIIh O�IIMIIsIN�lM Page 151 of 960 RULE 14-10 004, F A C FLORIDA DEPARTMENT OF TRANSPORTATION RE- Application for outouor ac,,ierusing sign permit To be completed by applicant: R <a - o58 Name of Applicant or Company W/4-/,VA1 57A5 T,5Ig7F�Si Sign is- ❑ existing El proposed / County S°A4y Municipality, it applicable- 4y'YWTON 4,! 74 17'- Highway Name & Number. -Sit 9 IIV72 <S7f -7T;✓ 9.s Sign location description: 5 5 ,t/ /,/--7 A110 SC0YA11_0A1 A—_;1C1/ )64JI6 Parcel ID#: 09543- �— 02../.3 `7400 /0004 To be completed by appropriate zoning official: 575-070-04 RIGHT OF WAY OGC - 02(09 Designation of parcel on the Future Land Use V __ � , �& L Current zoning of parcel (from Land Development Regulations): A4),dZ/_7L-- Copies of the applicable pages from the land use documents showing all allowable uses under the designations listed above must be submitted with this application. Is location within city limits: ® Yes ❑ No If yes, name of city: SQe�f Please provide the name and telephone number of the person the Department may contact if additional information is required Name: Telephone #: I certify that the above information reflects the designation of the parcel as it is shown on the current comprehensive plan adopted pursuant to chapter 163, Florida Statutes, and that I am authorized to sign this form on behalf of the county/municipality named above Signature of Local Government Official Date Printed Name and Title _ NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit application by the Department. Local Government Permission: Please complete the :r r -is belo.v. You may submit another form of written statement indicating that the sign complies with all Ieia' nowernmen`al requirements. For a proposed sign location, a copy of the building permit issued by the local government may be submitted Theo911s5in/. or advertising si gn identified in this a lication ✓Co ri,4i i�ttieE� �0.fSv�tn� cfef�4 JF77-4,e f6v- compliance with all duly adopted local ordinances nces And has been or will be issued the necessary permits. ❑Is not in compliance with local ordinances, but is legally existing as a non -conforming sign Ells not in compliance with local ordinances and is/would be considered to be an illegally maintained structure I certify that I represent the governmental entity within v.,,hose jurisdiction the sign described herein is located and that the determinWn reflecWd in this section is made under my delegated authority 7-,olJ 4/f z - Fe of Local Government Official Date Loai LAVC-r-rig.r�. Printed Name and Title NOTE: Form must be completed not more than sig. (6) months prior to receipt of the completes outdoor advertising permit application by the Department Page 152 of 960 1tG r V AF �R1D'i PAGE 1 et'. FLORIDA DEPARTMENT OF TRANSPORTATION RE- Application for outdoor advertising sign permit To be completed by applicant: Name of Applicant or Company Sign is: __-- Cx'st+ng proposed County A.44✓t/ mat— _ Municipality, if applicpahla:�— Highway Name and Number Sign .ocation description_. Section: _. _ _. Townsnip TJ ---- Range - Parcel 1D# _ s2�'��i /4- 2 To be completed by appropriate zoning official: Designation of parcel on the Future Land Use Map --.The primary primary land uses unser this designation are: __.'!`tel✓✓}�/-lC'!'4 ;� l/1�L7(�F-�,'f' C _____�___�__._ ___ -___ . Current Zoning of parcel (from Land Development Regulations) The urimary land uses under this designation are: r'N,f,��%r—___-- Sign location is within city i,rnits? U'_ Yes No Flease provide the name and telephone number of the person the Department may contact if additional info -oration is req.ii'ed 'q4.6; U. 1 r-� r e "r r .. . /r --!l n, _V-' / w /.s.. ".v r-'0 /.+7 _ i I ^Y41 1 - /-.-) > i I certity that the above information reflects the designation of the parcel as it is shown ori the curve it comprehensive plan adopted D rslaG4nt to Chapter 163, F Statutes, and that i am authorized to sign this form on behalf of the county/municipality named above Signatu ofGovemmen offic9ai Date GT�1R.•- Pnnted Name and Title Local Government Perrtlission: Please complete the Items below. You may submit another form of written statement Indicating that the sign complies with all local governmental requirements. For a proposed sign location, a copy of the building permit issued by the loca6 government nray be submitted The outdoor advertising sign +dentified in this application /a /A,/ CICIIW4:1111fll°c _—_ is in compliance with all duly adopted local ord;nances and has been or will be issued the necessary permits ____ is not in compfiail,.e with local ordinances, taut is legally existing as a non -conforming sig'► s not i n,,e with local ordinances and is/would be considered to bean d,'e ally maintained structure signaWre of oca Go mment Gfflci Date -- �111�LrLS.. 1-_��'?�E�v'c�y�,��'E���E/1�7� LY•�E'`C"`T�•%,� Printed Name and Title Page 153 of 960 CITY CLERK'S OFFICE MEMORANDUM TO: Lori LaVerriere Interim City Manager FROM: Janet M. Prainito, MM City Clerk DATE: July 12, 2012 RE: Agreements Approved by City Commission July 3, 2012 Attached is the agreement that was approved by the City Commission at their regular meeting held on July 3, 2012. Please review, sign and return to me for further processing. Thank you. RESOLUTION NO.OF DESCRIPTION # DOCUMENTS R12-058 2 Clear Channel Outdoor Lease Agreement — Wilton Manors Attachments S:\CC\WP\AFrER COMMISSION\City Manager Transmittals\2012\07-03-12 - Clear Channel Outdoor Lease.doc Page 154 of 960 March 29, 2005 DEPARTMENT OF DEVELOPMENT • Budding • Planning & Zonirg Ip accupatmnal L icenses 0 Community ReOvelapmevI Ms. Cori Banes Florida Strel,t Systems, LLC 3100; West tate Road 84, Suite 405 Fort Lauderdale, FL 3312 RE- Billboard DOT Permit Dear Ms. Barnes: Pursuant to cons0ation writh our legal counsel, this letter is to advise that the s:gn on parcel number: 0843-45-16-31-000-0770, identified in your fax leiter of March 29, 2005, is perinittabie pwisuant to a Court approved settlement agreement. Sincerely, Quintus Greene Development Director lrity of Boynton Beach s 100 East Boynton Beach Blvd., P.O. Box 310 0 Boynton Beach, Florida 33425-0310 Phone: (561) 742.6350 • www.ci.boynton-beach.fl.us Page 155 of 960 The City of Boynton Beach July 18, 2012 City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 E-mail: prainitoj@bbfl.us www.boynton-beach.org CORI A. BARNES WILTON MANORS STREET SYSTEMS, INC. HARDIN HOLDINGS, INC. 2987 CENTER PORT CIRCLE, SUITE 3 POMPANO BEACH, FL 33064 Re: Resolution No. R12-058 — Amendment to Settlement Agreement between Clear Channel Outdoor Inc. and the City of Boynton Beach Dear Cori: Enclosed is a copy of the above-mentioned Resolution along with the original FDOT Application for Outdoor Advertising Sign Permit and an original Outdoor Lease Agreement. If I can be of any additional service, please let me know. Very truly yours, CITY OF BOYNTON BEACH �;et M. Prainito, MMC City Clerk Enclosures S•\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commission\2012\1112-058 - Clear Channel - FDOT Sign Permit & Outdoor Lease Agreement Transmittal.doc America's Gateway to the Gulfstream Page 156 of 960 The City of Boynton Beach July 18, 2012 City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: ( 561) 742-6090 E-mail: prainitoj@bbfl.us www.boynton-beach.org GREG HIBBS REAL ESTATE REPRESENTATIVE CLEAR CHANNEL OUTDOOR 5800 NW 77TH CT MIAMI FL 33166 Re: Resolution No. R12-058 — Amendment to Settlement Agreement between Clear Channel Outdoor Inc. and the City of Boynton Beach Dear Mr. Hibbs: Enclosed is a copy of the above-mentioned Resolution along with an original Amendment to the Settlement Agreement. If I can be of any additional service, please let me know. Very truly yours, CITY OF BOYNTON BEACH (fet"M. Prainito, MMC City Clerk Enclosures S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commission\2012\R12-058 - Clear Channel - Amendment to the Settlement Agreement Transmittal.doc America's Gateway to the Gulfstream Page 157 of 960 6.E. CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-172 - Authorize the City Manager to sign a Contract with Vazza Cleaning Corporation of Royal Palm Beach, FL for a two year period in the amount of $2,004.05 per month/$24,048.60 annual as a result of the Bid for "A Two Year Contract for Janitorial Services for the Utilities Department", Bid No. 001-2821-17/JMA. EXPLANATION OF REQUEST: AGREEMENT PERIOD: FEBRUARY 1, 2017 TO JANUARY 31, 2019 On November 1, 2016, Procurement Services opened four proposals in response to the Bid for "A Two Year Contract for Janitorial Services for the Utilities Department". This bid was issued to replace the current expiring janitorial bid for janitorial services for the Utilities Administration Building, the East Water Treatment Plant and the West Water Treatment Plant. A Mandatory Pre -Bid Meeting and Site Inspection took place on October 12, 2016 and all four proposers attended the Meeting and Site Inspection. The proposals were reviewed by Utilities Staff and Vazza Cleaning Corporation was recommended as the lowest, most responsive, responsible bidder. Procurement Services followed up with three reference checks on the Vazza Cleaning Corporation, and all references came back as satisfactory. The Contract Period is February 1, 2017 to January 31, 2019, with the option to renew the Contract with the same terms and conditions for three (3) additional one-year terms. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Vazza Cleaning Corporation will provide janitorial services with the quality and care necessary to safeguard City employees and customers for the lowest, most responsible, responsive bid proposal. FISCAL IMPACT. Budgeted Funds for this expenditure are available from Utilities account no. 401-2821-536-49-17. Previous year's expenditures: FY 14/15 $26,768 FY 15/16 $26,768 ALTERNATIVES: Not award this bid and issue a new bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 158 of 960 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Vazza Cleaning Corporation START DATE: 2/1/2017 END DATE: 1/31/2019 CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: Yes EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Three (3) one-year wdensions. ATTACHMENTS: Type D Resolution D Agreement D Attachment D Tab Sheets D Attachment REVIEWERS: Department Finance Legal Finance City Manager Description Resolution awarding Bid to Vazza Cleaning Corporation Two Year Agreement for Janitorial Services Utilities Recommendation to Award Bid Tabulation Vazza Proposal Reviewer Action Date Howard, Tim Approved 12/8/2016 - 3:39 PPA Swanson, Lynn Approved 12/12/2016 - 10:49 AM Howard, Tim Approved 12/12/2016 - 11:09 AM LaVerriere, Lori Approved 12/14/2016 - 8:58 AM Page 159 of 960 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A TWO YEAR CONTRACT FOR JANITORIAL SERVICES FOR THE UTILITIES DEPARTMENT WITH VAZZA CLEANING CORPORATION OF ROYAL PALM BEACH IN THE AMOUNT OF $24,048.60 ANNUALLY; AUTHORIZING THE CITY MANAGER TO SIGN SAID CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 1, 2016, Procurement Services received and opened four (4) bids in response to Request for Bid #001-2821-117/JMA, "A Two Year Contract for Janitorial Services for the Utilities Department"; and WHEREAS, City staff reviewed and the bids and it is recommended to award this bid to Vazza Cleaning Corporation of Royal Palm Beach, Florida which was the lowest, most responsive, responsible bidder who met all specifications. 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 approves a Two Year Contract for Janitorial Services for the Utilities Department in response to Request for Bid #001-2821-17/JMA with Vazza Cleaning Corporation of Royal Palm Beach, Florida with an annual expenditure of $24,048.60 and authorizes the City Manager to sign the Contract between the parties, a copy of which is attached hereto as Exhibit "A". CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\3DOD3FC3-152F-416C-9CD5-43709580547A\Boynton Beach.4651.1. Jan itorial_Services_(VAZZA)_=Utilities_(2016)_ _Reso.doc Page 160 of 960 30 Section 3. That this Resolution shall become effective immediately. 31 PASSED AND ADOPTED this day of 2016. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ATTEST: 50 51 52 53 Judith A. Pyle, CMC 54 City Clerk 55 56 57 58 (Corporate Seal) 59 60 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\3DOD3FC3-152F-416C-9CD5-43709580547A\Boynton Beach.4651.1. Jan itorial_Services_(VAZZA)_=Utilities_(2016)_ _Reso.doc Page 161 of 960 A TWO YEAR JANITORIAL SERVICES CONTRACT FOR THE UTILITIES DEPARTMENT THIS CONTRACT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and VAZZA CLEANING CORPORATION hereinafter referred to as "the Contractor', in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform janitorial services in connection with the bid designated "A TWO YEAR CONTRACT FOR JANITORIAL SERVICES FOR THE UTILITIES DEPARTMENT", BID No. 001-2821-17/JMA. 2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment, and supplies. 3. TIME FOR PERFORMANCE. Work under this contract shall commence: Contractor shall perform all services and provide all work required pursuant to this Contract until This contract may be renewed with the same terms and conditions for three (3) additional one- year terms with Commission approval. 4. PAYMENT. The Contractor shall be paid by the City for completed work and for services rendered under this Contract as follows: a. Payment for the work provided by contactor shall be made as provided on exhibit "A" attached hereto, provided that the total amount of payment to Contractor shall not exceed $2,004.05 per month, without express written modification of the Contract signed by the City. Final payment of any balance due the Contractor of the total contract price earned will be made promptly after the completion of the work under this Contract and its acceptance by the City. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work as provided on Exhibit "A". The Contractor's records and accounts pertaining to this Contract are to be kept available for inspection by representatives of the City and State for a period of three (3) years after final payments. Copies shall be made upon request. 5. COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by this service Contract, 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 Contract. C-1 Page 162 of 960 6. INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or third parties or damage to property occasioned by a negligent act, omission or failure of the Contractor. 7. INSURANCE. The Professional shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to 2 million aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. II employees a covered a blanket fidgl:ity bond in the amount $10,000; a copy of w ich must be provided the City upon notification of award. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 8. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Contract. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 9. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 10. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 11. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this Contract without the express written consent of the City. C-2 Page 163 of 960 12. NON -WAIVER. Waiver by the City of any provision of this Contract or any time limitation provided for in this Contract shall not constitute a waiver of any other provision. 13. TERMINATION. The City reserves the right to terminate this contract without cause effective thirty days from the date of the written notice. Liability of the bidder for any and all such violation(s) shall not be affected by any such termination and his surety as required by the bidding documents, shall be enforced for any additional cost incurred to complete the annual contract. In the event of the death of a member, partner or officer of the Contractor, or any of its supervisory personnel assigned to this Contract, the surviving members of the Contractor hereby agree to complete the work under the terms of this Contract, if requested to do so by the City. This section shall not be a bar to renegotiations of this Contract between surviving members of the Contractor and the City, if the city so chooses. 14. DISPUTES. Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. 15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Contractor shall be sent to the following address: Vazza Cleaning Corporation 9150 Belvedere Road, #107 Royal Palm Beach, FL 33411 Attn: Tonny Coelho 16. INTEGRATED CONTRACT. This Contract, together with attachments or addenda, represents the entire and integrated Contract between the City and the Contractor and supersedes all prior negotiations, representations, or Contracts written or oral. This Contract may be amended only by written instrument signed by both city and Contractor. C-3 Page 164 of 960 17. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US C-4 Page 165 of 960 DATED this day of 2016 CITY OF BOYNTON BEACH Name of Contractor Lori LaVerriere, City Manager Signature Attest/Authenticated: Judy Pyle, Interim City Clerk Approved as to Form: Title (Corporate Seal) Attest/Authenticated: James A. Cherof, City Attorney Secretary C-5 Page 166 of 960 EXHIBIT ` A ` A TWO YEAR CONTRACT FOR JANITORIAL SERVICES FOR THE UTILITIES DEPARTMENT BID No.: 001-2821-17/JMA SPECIFICATIONS AND GENERAL REQUIREMENTS The intent of this contract is to insure a high level of janitorial services. Performance and the quality of work will be first class in hygiene and cleanliness. Failure to meet the performance specifications as set forth in this contract will invoke remedial action. All areas serviced by this contract will be inspected routinely by the Maintenance Manager or his/her designated representative(s). These inspections will be for the purpose of assessing the contractor's performance meeting No. 19, Materials and Equipment; No. 20, Quality Standards and Workmanship; and Numbers 21 through 26, Task Schedules as described herein. Any deviations or deficiencies noted by the Maintenance Manager will be brought to the attention of the contractor through the use of the Janitorial Services Report (see sample). Any deficiencies noted in any inspections are to be corrected within twenty-four hours or become subject to remedial action as outlined herein (see No. 3, Contractual Performance). The twenty-four hour grace period may be extended in writing by the Maintenance Manager should extraordinary circumstances warrant such extension in his/her judgment. Disputes over inspections or deficiencies will be resolved in accordance with No. 17, Disputes. 2. WORK SCHEDULE Work is to be performed during Normal Operating Hours as noted in the Proposed Monthly Price Schedule for each facility unless otherwise noted or mutually agreed upon; see the Normal Operating Hours in the Proposed Monthly Price Schedule. A schedule will be furnished to the Utility Department and updated as necessary, indicating the name of the supervisor assigned to oversee the work and including the supervisor's day and evening telephone numbers. Bidders must submit a complete list of janitorial materials, equipment, products and brands to be used; (see No. 19, Materials and Equipment). Contractor will not be allowed to subcontract work under this contract unless written approval is granted by the Utilities Department Contract Administrator. The subcontractor, if approved, will be bound by the conditions of the contract between the City and the awarded contractor and will perform in Page 167 of 960 accordance with all terms of the contract and specifications. All required notices, work orders, directives, and request for emergency services will be directed to the contractor. All direction given to the subcontractor on the work site will bind the contractor as if the notice had been given directly to the contractor. Contractor must provide a telephone number and a named contact person who can be reached during all working hours for emergencies and resolving problems. 3. CONTRACTUAL PERFORMANCE The contractor or his/her representative will meet with the Utility Department Maintenance Manager on a monthly basis, or more frequently if necessary, to discuss schedules, problems, needs, and mutual areas of concern. The use of the Janitorial Services Report will establish a system whereby notice is given by Utilities to the contractor indicating problems, complaints, and other contract discrepancies. The contractor will have one (1) twenty) -four hour daily cycle immediately following notification by a Janitorial Services Report to correct a deficiency and request a re -inspection; if the contractor fails to pass the re -inspection prior to the next regularly scheduled cleaning date, the contractor will be notified by the City and will begin a fifteen (15) day probation period. Following the fifteen (15) day probation period, unresolved deficiencies or substandard performances will be a cause for the City to issue a written 30 day termination notice. 4. WORK LOG The contractor's supervisor will be required to maintain a daily work log showing deviations from the assigned work schedule, or when work assignments have not been completed. It will be the contractor's responsibility to ensure that there is sufficient manpower, at least two workers must be available to complete the assigned tasks irrespective of sickness, holidays, vacations, or other personnel matters. Relief personnel will be provided as necessary and work overtime as necessary, at no additional cost to the City, to ensure adherence to Task Schedule. 5. TRAVEL The City of Boynton Beach will not be responsible for any travel expenses. 6. CONTRACTOR RESPONSIBILTY Contractor will be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions, and Specifications outlined in these bid specifications. Contractor will be responsible for obtaining employee background checks, all necessary permits, licenses, and/or registration cards, 1-9 Form (Employment Eligibility Verification) in compliance with all applicable federal, state, and local statues pertaining to services as specified (see No. 9, Personnel Requirements). Page 168 of 960 With submission of this bid proposal, the contractor understands that the City of Boyntor Beach is not responsible for any federal, state, or locally mandated tax withholding associated with wages of the vendor's employees and/or any of its subcontractors. MIRR1240�9 � The on-site supervisor's qualifications shall be determined by a substantiated history of at least three (3) consecutive years of on-the-job janitorial experience, including at least one (1) year of supervisory experience in the field of janitorial services. C. The on-site supervisor will • provided a pager and/or cell phone at the contractor's expense and this number will be provided to the Utilities Department. d. The on-site supervisor will be responsible for the instruction and training of personnel in e. proper work methods and procedures required for this contract. f. The on-site supervisor will schedule and coordinate all services and functions as required by the contract and as specified in the Task Schedules with the Maintenance Manager. g. The on-site supervisor shall be authorized by the contractor to accept and act on all directives issued • the Utilities Maintenance Manager. Failure of the on-site supervisor to act on said directives shall be sufficient cause for the City to give notice that the contractor is in default of the contract. Persons employed by the contractor in the performance of services pursuant to this bid sh not be considered employees of the City, shall be independent th ereof and shall have claim against the City as to pension, workers compensation, unemployment compensatio insurance, salary, wages or other employee rights of privileges granted by operation of law by the City of Boynton Beach and shall be 18 years of age or older. The contractor may be working in areas containing sensitive or restricted information or materials. All employees must be covered by a blanket fidelity bond in the amount of $10,000; a copy • which must r•- provided to the City upon notification • award. The contractor will provide uniforms to all employees. No employees will be allowed access to any area without a uniform. The minimum uniform will consist of a tee-shirt clearly identifying the company's name and will be worn at all times while working on City premises. Page 169 of 960 All employees assigned by the contractor shall be fully capable, experienced, and trained � the work they are employed to perform. They shall be physically able to do the work specifiE inthe scope of services. Prior to any employee of the contractor commencing work, the contractor shall submit I the Maintenance Manager, the name, home address, date of birth, social security numbe sex, race, driver's license number and background checks of all employees, includin supervisors of the contractor for a background check as referred to per No. 6 , Contractc Responsibility. Only with permission from the Contract Administrator will the City issue an access card ar a janitorial closet key for the Utilities Administration Building and East Water Treatmei Plant. The access card and the janitorial closet key will be requested by the contractor upc arrival at these two (2) buildings and returned to the place of entry each and evei day services are provided. Then and only then, may the contractor's employee commence work. Entry to the West Water Treatment Plant will be requested by th contractor upon arrival; an access card or janitorial closet key is not necessary within th building. Staff members will be available for assistance if required and the contractor w notify staff when leaving the building. The contractor will be responsible for notifying the Contract Administrator of any lost Ci. issued access cards, keys or other forms of identification that may be issued and any cosi incurred for their replacement. The contractor will be responsible for surrendering City issued access cards, keys an other forms of identification that may be issued at the time of termination or the end of th contract, or final payment will be withheld. The City will have and will exercise full and complete control over grantin denying, withholding, or terminating clearance for the contractor's employees. Contractor's employees whom the City deem careless, discourteous, or otherwi objectionable or who cannot meet standards required for security or other reasons will prohibited from entering the building(s). I The contractor will work in several areas which have secured access, and other areas which are open to the public for meetings, rentals, and other uses. All secured areas shall be maintained in a secured condition and will be locked immediately upon the contractor completing their daily operations. Schedules of all public meetings and uses will be provided to the contractor on a monthly basis and updated as necessary. No exterior doors will be propped open at any time. Daily janitorial services cannot be performed or completed in various conference rooms or meeting areas until meetings have ended. The contractor's operations will not Page 170 of 960 interfere with these meetings. Meeting schedules will in no way diminish the contractor's responsibility for cleaning the meeting areas after use. CODtr@CtO[ Sh@U adequately secure the keys, access C@rdS' Other entry devices, and codes provided bvthe City. CODtr@CtO[ Sh@|| [M@iOt@iO @ record Of the hey Ou[Mbe[S issued to its employees. Contractor Sh@|| not duplicate and Sh@|| not @||Ovv such items to be duplicated. Any Such item which becomes |OSt' [MiSSiOg' or StO|eO Sh@|| be immediately reported to the City representative by the CoOt[BCtD[ Should the CODtr@CtO[ |OSe or have StO|eO any keys O[ access cards issued to the CODt[@ctO[ by the City, the COSt of changing |OChS O[keys tOthe buildings, [OOmS' or areas accessible by the |OSt or StO|eO keys will be deducted from the contractor's invoice to the City for the vvO[k performed under this contract. Due to the generalized nature of the work under this contract, instances may occ where the Utilities Department has need for additional cleaning and janitorial servic outside the original intent of this contract. Requests for special work will be authorized i I writing only through the Contract Administrator under the Proposed Monthly Pri Schedule. The contractor will be required to respond by phone within 30 minutes of the call and be o site with one hour after contacted by the Maintenance Manager. I The contractor shall exercise all necessary caution to protect pedestrian traffic a all public and private property from injury and damage caused by the contractor operations. Any practice obviously hazardous in the opinion of the Maintenan Manager shall be immediately discontinued by the contractor upon receipt of eith written or oral notice to discontinue such practice. The contractor shall comply with OSHA and other Federal, State, and Municipal safety standards and policies. I Contractor shall supply for the City's review and approval Material Safety Data Sheets (W4SDS)for all supplies used and shall maintain a K4SDSbook in the main janitorial closet in every complex. It Sh@U be the responsibility Of the successful bidder to [M@iOt@iO the fOUOvvOg insurance coverage: worker's CO[MpeOS@tiOD insurance; property damage; liability insurance naming the City ofBoynton Beach as "An Additional and vehicular liability |nounanoe, during the time any of his/her personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been Page 171 of 960 made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition (see Attachment ® ®)v 14. LOST AND FOUND ARTICLES Contractor will ensure that all articles found in City buildings or on City property by their employees while performing duties under this contract, will be returned to the Maintenance Manager or Maintenance Contact no later than one work day after finding the item. 15. JANITORIAL CLOSETS AND UTILITIES Janitorial closets shall be kept orderly and clean at all times. Contractor will use the City's utilities as needed, but without waste by ensuring all water supplies and light fixtures are turned off as cleaning is completed. 16. DISPUTES The contractor shall faithfully perform all work as set forth in these specifications. If the contractor fails to faithfully perform in accordance with the specifications, or if a dispute arises as to the quantity and/or quality of work completed, the Contractor Administrator reserves the right to withhold payment until such time that the performance dispute has been remedied. In case of any doubt or difference of opinion as to items to be furnished hereunder, the decision of the City Manager shall be final and binding upon both parties. 17. BONDING The successful bidder's Bid Bond will be returned upon award and receipt of a Performance Bond by the City. If the awarded contractor fails to perform as agreed upon in the Invitation to Bid, the City shall be entitled to collect or retain part of bond; whichever is necessary to rectify the bidder's unacceptable performance. 18. EXECUTION OF CONTRACT The successful bidder shall, upon written notification from the City, enter into a contract with the City for the performance of work awarded, and shall simultaneously provide the appropriate bonds, indemnities, and insurance required herein. Page 172 of 960 All products/materials are to be Green Seal Certified or Bio -Renewable and approved by the City prior to their use. Failure to use the approved products/materials will result in a violation of the contract. If and whenever in the specifications a brand name, make, name of any manufacturer, trade name or vendor catalog number is mentioned it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within his bid and to prove to the City that said product is equal to that specified and to submit brochures, samples, and/or specifications in detail on item(s) submitted. The City shall be the sole judge concerning the merits of the bid submitted. Exceptions are items specified as "NO SUBSTITUTES". The items to be furnished by the contractor will include, but not be limited to, the following: • All paper and soap products including paper towels, toilet paper, and soap. NO SUBSTITUTES: Toilet Tissue-REN06125WB, Single Roll, Bath Tissue, 2ply, 3-3/4 x 4 Paper Towels- REN06131-WB, Controlled Hand Roll Towel, White Hand Soap—REN02544,Antibacterial Foam Soap,200ml-2b Body Soap & Shampoo—REN002493, Renown Gen II, 2000ml, Body/Hair Shampoo Grit Soap—SPA2810-04, Grub Scrub Hand Soap w/Pumice, Flat Top Gallons • All deodorant blocks for urinals and manufacturer's approved cleaner for water - free urinals. • All plastic liners for waste receptacles. • All cleaning materials and equipment necessary to complete specifications including wiping and dust rags, mops, brooms, buckets, vacuum cleaners, buffing machines, carpet extractors, and specialty equipment including waste collection containers. • A listing of all materials and equipment to be used shall be part of the proposal and shall be of industrial or commercial type. • A record of all Material Safety Data Sheets (MSDS) for those products/materials used or stored on City property shall be maintained at each complex at all times for public reference as outlined in No. 13, Protection of Public and Private Property. Anticipated Annual Quantities of Product Usage: PAPER TOWELS: 23 cases/12 rolls per case TOILET PAPER: 23 cases/96 rolls per case GARBAGE BAGS: Small — 25 cases/100 bags per case; Large — 20 cases/100 bags per case HAND SOAP: 20 cases/2 containers per case Page 173 of 960 Page 174 of 960 20. QUALITY STANDARDS AND WORKMANSHIP The following statements indicate the general standards and workmanship to be furnished under this contract: Garbage/Trash & Recycling All garbage/trash and recycling from the interior and exterior of the facilities is to be gathered and not co -mingled and then placed into the appropriate carts and/or containers provided by the City. (Note: The collection of garbage/trash does not include the large trash barrels throughout the grounds of our parks. Also, nothing shall be removed from desks and/or tables as all trash/recycling must be in the appropriate receptacle or next to the receptacle marked as trash or recycling in order to be collected.) All garbage/trash and recycling collection containers are to be wiped out/down as necessal to provide a clean appearance and pleasant smell and then lined with a plastic bag of t appropriate size. I Paper& Soap Dispenser Maintenance All paper and soap dispensers will be filled with the specified products as noted in No. 22, Materials and Equipment. The exteriors of all dispensers are to be washed or wiped down to remov- - -! ellaneous debris. injuji-MINIM MroXG]"Mrolog MM NOTE: Proper safety signage will be used for the safety of the buildings' occupants and visitors should they appear when any Hard Floor Cleaning occurs. Mard floor cleaning will include open areas, in comers, behind doors, under the furniture, stairs, and stairwells. All paper clips, staples, loose material, etc., shall be picked up anii properly disposed of. iii FIR113111 113151MIN111111 III !I I T1'et mopping will present a clean floor that is free of streaks, smears, and dried dirt. 1sina dirty mop water is unacceptable and used mop water is to be dumped immediately after t completion of mopping an area. Mop water is not to be dumped in any landscaping or any storm drains. Only approved cleaners/detergents will be used in the mop water for w 1 mopping hard to surfaces. All floor drains are to be clean of dirt build-up and thorough rinsed after restrooms or locker room cleaning. 1 61RI Page 175 of 960 (3) coats of an approved wax allow, each coat allowed to dry before applying the next coat, and buffed using an appropriate buffing machine to show a "Wet Look" gloss. Ceramic Tile grout will be machine scrubbed and damp mopped to lift embedded dirt and then sealed to minimize any odors from being absorbed into the porous grout. - Floor Cleaning — Carpet Carpet vacuuming and cleaning will include open areas, in corners, behind doors, and under the furniture. All paper clips, staples, loose material, etc., shall be picked up and properly disposed of. Carpet vacuuming will be accomplished only with a properly maintained vacuum cleaner with a hepa-filtration system and will include carpeted floor mats; floor mats are not to be broom cleaned. r, Uarpet is to be spot cleaned and cleaned only with an approved dry method extraction system. Heavy use carpet areas and carpeted mats will be cleaned to maintain a dirty-frect ?ppearance. Furniture Cleaning All vinyl, metal, and/or wood surfaces of furniture are to be wiped to eliminate any dust, dirt, or grime leaving the surface free of streaks and residue. Cloth surfaces of furniture will be spot cleaned with an approved dry method extraction system. Glass & Mirror Cleaning Glass and mirrored surfaces will be cleaned free from streaks, smears, and spots. Horizontal/Flat Surface Cleaning Horizontal/Flat surfaces shall be cleaned and/or dusted completely free of all loose and adhering dirt or other foreign material on the original finish of a surface. A clean surface will appear both physically and visually clean, free from streaks, or other residue. Vent Cleaning All air conditioning supply and return air vents are to be wiped down with a treated soft cloth to remove all dust, dirt, and grime. PVC Blind Cleaning PVC Blinds are to be vacuumed on both sides with a soft -brush attachment. Water Fountain Cleaning Water fountains both on the interior and exterior of the facilities are to be cleaned and sanitized and all chrome is to be polished. Break *• Cleaning Break room cleaning shall consist • •.. & Recycling, Paper & Soap Dispenser Maintenance, Floor Cleaning, Furniture Cleaning, Glass & Mirror Cleaning, Horizontal/Flat Surface Cleaning, and the cleaning and polishing • all chrom- E.• - appliance exteriors including vending machines, and the cleaning and disinfecting of sinks to •- free • • food particles, grease, grime, and stains. Page 176 of 960 NOTE: Waterfree urinalswill be cleaned in accordance with the manufacturer's Instructions. Restroom and locker room cleaning shall consist of Garbage/Trash & Recycling, Paper Soap Dispenser Maintenance, Floor Cleaning, Furniture Cleaning, Glass & Mirr Cleaning, Horizontal/Flat Surface Cleaning, and the cleaning and polishing of chrome/metal fixtures, and the cleaning and disinfecting of all sinks, toilets, and urina to be from dirt, grime, and stains. 11 Janitorial Closets Janitorial closets will be clean with stock and equipment stored neatly. Trash and used materials/supplies including dirty mop water are not to be left in the closet at any time. All faucets/valves are left securely in the closed position. No lights are to be left on when the closet is not in use. Elevators Elevator doors and walls are to be cleaned of any dirt. Elevator floors are to be swept or vacuumed according to the type of flooring in the elevator. Exterior/Interior Window Cleaning Wash and squeegee dry all windows both on the exterior and interior leaving the glass streak -free. All dirt and dirty water must be wiped or rinsed off the window sills. [jZn- • Garbage/Trash & Recycling • Paper & Soap Dispenser Maintenance • Floor Cleaning —Hard Floors to be Dust Mopped • Floor Cleaning —Carpet and Carpeted Floor Mats to be vacuumed • Glass & Mirror Cleaning —Storefronts and Entranceways • Water Fountain Cleaning • Break Room Cleaning • Restrooms and Locker Room Cleaning • Janitorial Closets • Elevators r:TZr,1k1FWA1X@TrF1r1RU =-, -FTVFV7TwKTiTr-1gP, • Floor Cleaning -Hard Floors to Wet Mopped • Floor Cleaning —Carpet to be Spot Cleaned • Furniture Cleaning -Wipe Down • Horizontal/Flat Surface Cleaning [QM- UTAPILINWAINOTM. Page 177 of 960 [jZn- ■ Floor Cleaning -Hard Floors (VCT & Marble) to be Spray Buffed ■ Vent Cleaning 0 Floor Cleaning -Hard Floors (Ceramic Tile) Machine Scrub Grout, Damp Mop, and Seal 25. TASK SCHEDU LE -SEMI -ANN UAL TASKS TASK("E") (Refer to No. 20, Quality Standards and Workmanship for details.) Semi-annual tasks are to be completed in February and August. Scheduling will be coordinated with the Maintenance Manager and the Departmental Contact to ensure that no programming or rentals of the facilities are scheduled ■ Floor Cleaning -Hard Floors (VCT & Marble) Refinished ■ Floor Cleaning —Carpet to be cleaned in its entirety; this is not spot cleaning ■ PVC Blind Cleaning 26. TASK SCHEDULE -ANNUAL TASK (TASK"F") (Refer to No. 20, Quality Standards and Workmanship for details.) Annual task is to be completed in February, Scheduling will be coordinated with the Maintenance Contact and the Departmental Contact to ensure that no programming or rentals of the facilities are scheduled. ■ Exterior/Interior Window Cleaning Page 178 of 960 Page 179 of 960 Alibrandi, Julianne From: Kerr, Howard Sent: Tuesday, November 15, 2016 1:35 PM To- Alibrandl, Julianne CC: Pigott Bevis; Roschek. Christopher Subjft-e Janitorial Services After reviewing the Janitorial Services proposal frorn Vazza Cleaning, Corp. and acknowledging that they were the lowest bidders for this contract we would like to proceed with the process of them being awarded the two year janitorial contract fbr the 3 facilities listed in the contract. Howard Kerr, Contract Coordinator Awfica's Gatway to the Gulf.stream .... .. . .. .. .... . . 4 "t 'o Page 180 of 960 of Wco Q LU W oo� Z m N N 00 W bi N D O W W .. 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D D o 0 0 Z 0 0 0 mmm Z O Q O0 0 O W L O It M (! Z O m "O JN O O ?: Q w O LL N S U m O OV (n (%) Q Q y c� W v (n (n (n (n (n (n (n U) U W (n (n C7 y y- -- O s .� W W W W W W W W Z z W W 0 Z -O m �p t0 - Z > £ : m d s LU a) io y N U J m mLL (n OD N N (6 W > -0 3 ❑ ❑ � W H ❑ ❑ H (d Lu J 7 Owp W W z H W ❑ LLI wv❑i O Cd LLJH Q H 0 O L H LL:D W p W W W Q O W W m 7 O > ~ d' H j oW (fa LLi 2 a m ¢ p ¢ ❑_ > ¢ O! z_ 2 p z 0 D pLLI > 0 0 O HLLI W U w LL ❑ m Q y F J LLI H H U Q LLI Q (n (n U a- LL(n Q lLLL LL O LL O Z �❑ Z LLI w Z Z ¢ m D O U LL 2 2 O0 Q U ofLLIw U O O co U Y U) H O Z 7 ofJ z m LL ~❑ 70 m ~ O LLI ~ U U Q of Q O of CO J 2 C g w J Z O Z LL p O U w Q W U LL u) LL H O H U Y d' W d' LL Y m W 0 0 LLI LL,O U O of O ❑ j O D z O C O U ¢ w O > u� 0 z J LL U � m z ¢ 0 m U� a (7 U + ^ + + + 4", I ?<\% ZAX'1111.1: .f� \ 7«^^ �©«*' « \' \ \ « \ : \ < Janitorial Srvice d Presented Presented : Vazza CleaningCorp. Tonny Coelho, President 766-2247 Page 185 of 960 October 25,2 16 Finance/Procurement 100 <m+a Beach Blvd P.O. Box 310 »BoyntonBeach, © 3 33425-0310 To Whom E May Concern, -established our cleaning se«reard Count over 10 yearsago. We pride ourselvesw.c© reputation we have built during that time. Our commitment to our custorners and our efficient service has given us an «C:«3 % „ ::v v::as: 2 ?:«e,for s:S««»..:e<:«az into Central Florida. Our responsible cleaning services al<mm2-m:»industrystandards.2 health, hygiene . the environment. The use of chemicals r,our business .>«v:«»»> health hazards for our custorners. We can proudly say teen certified by the State ofFlorida a! a Minorityate. Given the Mor « «, to war environment and maintain our high standards <fprofessionalism and expertise. We look or«:« to long time »partnershipwith «The City ofBoynton tach 9=< T n ¥ Coelho Vazza Cleaning Corp. Page 186 of 960 Submit Bids 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton , Florida 33425-0310 Telephone.,(561) 742-6322 Bid Title: A TWO YEAR CONTRACT FOR imrropiAL SERVICES FOR THE 1XIIII-ITIES DEPARTMENT Bid r: Bid Received By: NOVEMBER 1, 2016, NO LATER THAN 2.30 P.M. Bids U be opened In Procurement Services unless spedfied othaiwise. Bid receiving dateand Urne is scheduled lbr November 1, 2016, no later ., and may not be wfthdiavw,w within nig r such date and time. All awards made as a result of this bid shall conform to applicabler and codes f the City. Name f r: Federal I.D. Number. q a _ yamGo A Corporation of the State ot Y, .m.,.�,,,,,,,,,,,,,,,,,,,,,,,,,,---- ----------- -M�,��,�M. Area Code -, .u..# Telephone r - Area Code: r,FAX Number: Vendor Magi ng � �Date. _1() � ,, „ l a �""- rj , 1 PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 187 of 960 CITY OF BOYNTON BEACH FLORIDA 1ND TITLE: A TWO YEAR - DEPARTMENT BID NO: 001-211121-171JIVIA W BIDDER - DATE SUBAArrTED.- 10 We propose and agree, if Oilsbid is accepted, to contract with the City of Boynton Beach, In time Contract Form, to furrilsh all material, equipment, machinery, tools , means of transportation, n, labor and servicesnecwsary to completelprovider Conw Having the documents : The City of Boynton Beach we propose to perform the work of this Project accordingand documents and the fbilovAng addenda which ADDENDUM DATE ADDENDUM DKrE ,u�,u,u,u.M.—,M,M,M-,M., m 0 NO ADDENDUM WAS ,, f DD IN CONNECTION 131D THIS PAGE TO BE SUBMIMD ALONG W17M BID FOR 29 CONSIDEREDPACKAGE TOM BLE Page 188 of 960 BID PROPOSAL The undemigned declares at halshe has carefully examined the specifications and is thoroughly farnillar with its provisions and with the quaft and type of service called r. Thea bid 11 be evaluated and then awarded by locatirm and service frequency ea and m The bidder Is cautionedas t the bid prices entered on the Schedule of Prices fbr each area and firequencyall wwrk requimd. The undersigned ea to deliver the Services fbr the 'UTILITIES P 'TWO YEAR JANITORIAL i in accordance YAM the specillcations fbr the amountsit t, fi 1 f f Building Use: Management offices, meeting a, restrooms and lunch a DaystHours Available rCleaning: Monday, Wednesday and Friday, 1: P. M. through P.M. ti o f Waftr Treaftent Plant Building : Potable water treatment plant, offloes, restrooms and r a a Available for Cleaning- irm Monday, Wednesday and Friday, 1:00 P.M. through5:00 P.M. lagiat-lon t Plant Building : Potable water treatment plant, laboratory facilities, a and break areas Days/Hours i ie f r Cleaning: Tuesday and Thuraday, 1:00 P.M. through : P.M. 7115 PAGE 70 BE SURM17TED ALONG WITH L IN ORDER 3 CONSIDEREDFOR BID PACKAGE TO BE ' Page 189 of 960 PROPOSED MOWFHLY PPJCE SCHEDULE BID No.: E PAGEM BE SUBMMEDALOM VATH PROposAL IN aRDER 31 FOR BID PACKME TO BE CONSIDERW COMPWM MD ACCEPTABLE Page 190 of 960 ALL PRICES F.O.B. BOYNTON BEACH THO PAGE To BE suomiTrED ALONG VVITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLEM AND ACCEPTABLE Page 191 of 960 d,,. nr Name ..1u,euuuuuuuuuuvuu,�M�������������wM���.N� uu����������������nn,.n�,uuuuuuuuuuuuuuuNNNw,��....wuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu... rr s THE PAGE TO E SUBMFTTED ALONG WrM PROPOSAL1 FOR BID PAS'CONSIDERED Page 192 of 960 Date d,,. nr Name ..1u,euuuuuuuuuuvuu,�M�������������wM���.N� uu����������������nn,.n�,uuuuuuuuuuuuuuuNNNw,��....wuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu... rr s THE PAGE TO E SUBMFTTED ALONG WrM PROPOSAL1 FOR BID PAS'CONSIDERED Page 192 of 960 BID TITLE: uA TWO YEAR CONTRACT FOR JANITORIAL SERVICES FOR THE UTILITIES DEPARTMENTIO DATE: J10 I �al LF 19 as an authorized representative of, (Name an 'jive) - 0 Title of Wepresent- In MM I :: , I *A .-, ' 4 ; bidder has visited the site of the work and has carefully examined the plans and specifications for said project and chocked them In detail before submitting his bid or pmposal. Page 193 of 960 STATEMENT OF BIDDER'S QUALIFICATIONS Each r bidding on work included In these General Documents shall prepare and submit ua in the fblloyWng schedule infbffnation. This to must be induded In and made part of each biddocument. Failure to comply vAth this fttrucfion May be regarded jusffication fbr rejectingthe Comp 1. 1® Name of Bidder 2. Business . 3. When ni 4. Where incorporated: 5. How many yeara have you been engagedin the janitorWsenAcesInes under the Present ffffn rm '211 --, 6. General f work perfbrmedr company,. . ........... . � f v, Le" r of employees. Background m f u l al members of your personnel, including 9. Have you ever defaultedat If so, wheren THE PAGE TO BE SQIND FOR 35 PACKAGE TO BE CONSIDERED COMPLETEAS Page 194 of 960 STATEMENT OF BIDDERS QUALIFICATIO14S conflnued...... 10. Contracts on hand: llo. ...... ....... R "SA Dated at: 1A this 5! Off V 1 20' Mrd By: t Cne-s' Name: ILI Cl— (Pdnted dr Typed) Title: cl (-vl-, . . . . . ............. ................... — . . . . . . . . .... ......................... 7HIS PAGE 70 BE SUBMITTED ALONG WIRTH PROPOSAL IN ORDER 36 FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 195 of 960 Organizational Overview/ Qualifications p a. Provide a brief history of the firm, length of time in business and its past r, vazze Cleaning colp is well respected In all of Florida as a Commercial & Residential b. Describe your organizational structure. Provide the number Of full-time employees and describe in detail the team that vAll be involved with h0 on a routine basis. Describe each person's role. Most of Vazza's employees are part time employees. We have 5 full time area includedmanagers in charge of overseeing the personnel and completing all periodic work { our contracts.- of - - managers be oversee project.operations of this shouldc. Provide a statement of experience and qualification: Describe ft qualifications and experience of personnel to be assigned to this project. Summary highlight staff training provided if any. Page 196 of 960 KI Page 197 of 960 Capacity and Technical plip dt<y . .., .,zy« . .. . :... 2 Describe « L12 @, < approach to customer service aproblem . 2 < r ca:w provide your client»+ ° c. Describe how you measure client satisfaction. Include innovative/creafive approaches that wrsuccessfula in achieving i client's objectives. : measure client satisfationyour n2:«?se in eine a business. « believe th_i word oll § kopos © equipment, supplies or any environmentally. « f Q� §> §2 §s w: ©oreutilized :. perform servicesas described in the Scope c§Work s V1119 pride oon using environmentally zn»� products y Page 198 of 960 v INERS — SVED NEEDED WILL BE PRO ------ FE ....° Ta TR -FILL il"T,x,% ....�.,. m �u,..................... RESS WRING01m..,.. ....... . � .. ........................... TA 174 _r ,,,m �..m�m w. "� ��f ��� Ml(57s'R_,c.)FlBER CLEWVING CLOTH 10,16 BLUE RO OBER CLEANING 4 H 16),",16 RED ......0 �� uG" A 60 FIRE R ,Less DE OP4E DUST PAN LOBBY 37,Xll PLA ICBLA(�X `R AY 0 N RE(.33 U LA R CD ....... m.,.. — ...... ,.m..GN WET O YELLOW BLACK � � PA 1S IN tJ U)k� m..... DUSTER � m. ,. .................. .................. .... ILE ' 4WL MOP .. ..............,,............. ..n ,imy FLUOR SCRUBBING MA HINE O' BUFFING , ,.... RIP� WE" ADR VACUO # i A T VAV,"U ASA, Pi Page 199 of 960 , Contr=CUMM—Andrela�Ca N (cell phone# 954-825-6618) Staff member 1—n —One -site supervisor +a/ member #2— Cleaner Staff member §3— Cleaner $chedyle of AgIvItIn N Page 200 of 960 B. Weekly "Tasks C. Monthly Tasks Floor Cleaning —VCT (green vinyl type flooring)£d ix a:: be spray buffed to show a 'Wet Look gloss. Spray buffing shall only be accomplished after the floor Is cleaned of all dirt or loose material. b. Vent Cleaning —All air conditioning supply and return air vents are to be wiped down with a treated soft cloth to remove all dust, dirt, and grime. D.Quarterly Tasks a. Floor Cleaning— Ceramic tile and grout will be machine scrubbed and damp mopped lift embedded dirt and then scaled to rninimize any odors frorn being absorbed into t 2«,:z? rout. I E. Semi -Annual Tasks (To be completed in February and August) a. Floor Cleaning —VCT &Marble floors are to be refinished with floors being completely stripped of all wax to the original surface of the floor, resealed with an approved N Page 201 of 960 method extraction system. & P [n!Cleaning—§ s are to be vacuumed n both+ R 2 soft -brush en! R AnnualT AS a. :<«4«c«©« Window Cleaning—Wash and squeegee bo exterior and interiorleaving the glass streak -free. All dirt anddirty water mustewip or rinsed off the window sills. Page 202 of 960 Arwunt Name ard ineg,vector. Dsft,,: Time: Name of Manager poke to: Page 203 of 960 7�i kl�{�2l ��llll\l�jiti��t{ i S'" . u P.O.��,� �, �u t �' ���' � s�a��'Y'� �`W� 9150 BELVEDERE RD Ste 107 ROYAL PALMS BEACH, FL 7WwE OF BUSINESSCMWZ (MMMATION REMPTOMTEPMDAhqLL, �w $ AZZA ay�NN ®6 x�w .An'"Oft 1.$9 N N it w iv vv i Tnis document Is valksonly hen receipted by the mm��Y Tax CoilerA-zes., FLORIDA. STATE OF PALM BEACH COUNTY 7 LOCAL BUSINESS TAX RECEIPT Bi r VAZZA CUEANING CORP VAZZA CLE."'ING CORS EXPIRES: SEPTEMBER 2017 9150 . R Y ROYAL,®® PALM FL 33411'rnW receiptr i the pftlege of engagingIn or ppBEACH, Yi AtY� IY$tY�YlY1�iYY managing ny bushess profbWon or owupefion withinjudedidim and MUST be conaplcuou* displayed of Ms place of bualnew and In such manner ns to be open to ft view of the public, VILLAGE OF ROYAL PALM BEACH 7-00018388 1050 ROYAL PALML1(M ROYAL PALM BEACH, FL 33411 DATr=: 7/22/3-6 DISPLAY IN PLACE OF BUMNESS RIS Page 204 of 960 REFERENCES ------------ . ..... C,'4,:�,mp�veny Name: 2-0-- _rt(���.� -e . ............ ............. . . . ................ Is . . . ....... /A . . . . . . . . L ...... . ................ - — ------- --- UILK11cla . ............ Narnm: . . . ........... . . . ................. - - — ------------ . ................. Phons: (45 Lv) An ---------- LY ............................. . ............ ..m Oc .. .. .. .. .. .. . .............. — I'.,.,.,.,.,.,.,.,.,.-"—,. lo� ............... 4", . . ................. Ccxrrhact Nw.w - - ----------------- - — ------------ ------- ... . .............. . ................. . . ......... Phonw, jpT,)X` ......... . ..... ..... ............... . .............. . . ....... ... ------ . . ....................... ................... ................. . . . ..... . .... ........... '1\5 �� - --- - ----------- . .............. .......... x, . . . . . . . . . . . .............. .... . . . . .... - - ------------- al I .,.JaA,..,.xAl,ll Z ------ . .......... . ............... . ................... . ................. - - - --------- ... .......... phone ..................... ............. THLS PAGE TO BE SUBMTTTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE M fl-w1v lul YYY I 1-1311151(il - CIA, 37 Page 205 of 960 2) He is fully Maned respecting the preimraflon and conLents of ft attached bid and of all pertinent drcunistances respecting such bid; 3) Said bid Is genuine and is not a collusive or sham bid; Page 206 of 960 COUNTY OF PALM BEACH ANTI-KICKEIACK AFFIDAVIT 1, the undersignedhereby dulymem} depose and say that no portion of the sum hereini °ll be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of go, directly r indirecUy by me or any member of my ffrmn . as Swom and n „�p� cry k this1 «.., f�20 J_ lNdddldPdNdditdlld33NNNdNNl9dd iii dd ddddliddldffidid SIGNATURE Printedt TlI { 39 THIS PAGE UmaMITFED ALONG WITHN FOR PACKAGE TO, BE CONSIDERED COMPLETE AND ACCEPTABLE Page 207 of 960 �/ bi3jY { _ 1 { C 4S � t�a "te� NARY Pt 1,m mf em6m.d at Laige lNdddldPdNdditdlld33NNNdNNl9dd iii dd ddddliddldffidid SIGNATURE Printedt TlI { 39 THIS PAGE UmaMITFED ALONG WITHN FOR PACKAGE TO, BE CONSIDERED COMPLETE AND ACCEPTABLE Page 207 of 960 AMERICAN INDIAN OTHER NOT APPLICABLE qualifying r business as a Minority Owned Business? NO If tion from which this 1 111, "vP Issuing m fion Im obtainedwas , f. 40 THIS PAGE TO BE SUBMITFED ALONG WITH BID FOR PACXAGE TO BE CONSIDERED COMPLErE AND ACCEFrABLE Page 208 of 960 m C ii,�A t� Page 209 of 960 CONFIRMATION OF DRUG-FREE WORKPLACE 1) Publish a sWternentno#Mng employees that the unlawful manufacture, specifying dispensing, possession, r ii nprohibited i workplace actions t ii be taken againsti rviolations h prohibition. employees2) InfbrTn t the dangers of drug abuse in theworkplace,business's ii f maintaining a drug-fteeworkplace, any available druglin ii° ti m and employeei 'm n , and the penalties that may be imposed upon employees for drug abuse i i m7 W Impose ons on, or requirethe parucipation in a diugr rehabilitaflon program if such is availableemployee's niemployee who is so convicted. 6) Make a good fafth effort to continue to maintain a drug-free workplace through impiementation of this No.. 14,. 1 THIS PAGE TO BE SUS BIS FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 210 of 960 PALM BEACH COUNTY INSPECTOR GENERAL F1,1"� ' IM`,' , ,,ti ,RIM ; 't agreesThe contractor under'stands and that in addition all other remedies t providedconsequences it the o lower tier au s - _- , S (I s contract - g its 3 CONTRACTOR NAME 42 THLS PAGE TO BE SUBMITTED ALONG WITH BIS FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 211 of 960 The City o BoyntonBeach 6##/d#2\° \ \ ANSWER., ° .««C; , . . . .. � w< ?>»� °©� a< « d c� ««r« m., �� am >er%«: Addendum :Uschm ntA — . 3. &there flexibility° |o! Wg schedule of t= to 5:00P. lvlJ * In the cleaning of the officas and warkspaces are computerscleaned? J«?zm« &« 5. No. < ::6<:d. states the ntractors will not w permitted :=b©»=?«»kwh conflictm:,« © © \� R TING.^ ^ ADDENDUM o.i Page 212 of 960 Conlractor Respqnsiblft requires background checks. Can thisons through the Boynton Beach Police No. t the Conftaotoes responalblifty and proof of „ t be provided to the City of Boynton Beach. ?. No. 22 asks fbr d outside of the original intent of the contract; is this an extra fee charge?that we can lffisekly . Now 13 asks for MSDS sheets; are you referring SI)Ssheats as requiredy? ANSWER, Reikw to Special Condidons6 page 26, NoeIt J0. No. 19 states Ono substitutes"; what if any of these Items (toilet paper, paper towels, hand soap, body and shampoo soap) are discontinued? available. 11. No. 28 says water free urinals ill be cleaned In accordance wt1h manufacturer's in ns; please provide instructions. 11111111111 imilI1111111111111ill Rnz 12. No. 21 is daily; Is this three times par week? ILS 111 Page 27 requires $1 million a, general etc. Are all required and whal are the determined arnounta. I ANSWER., i m a, 11mNs that Me Chy requirw for requires Gaaeral Uabfldy Insurance sb Me CHy of 'S <y.' B,t t, $10,# RaWhy Bond. b square footage ted S each location the cleanable square f or the total square of the buildings? ANSWER Clearrable Square Favt SEE ATTACHMENT Q 8 FOR BID TABULATION CONTRACT. 2 ADDENDUM. Page 213 of 960 If you have any questions, please callJulianne Allbrandl, Seniorr, at742-6322, Monday through Friday from 8:00 a.m. to 5-00 p.m., or CITY OF BOYNTON BEACH ...�L o - iw'� Tim W. Howard Assistantr - Admlnistrative Serviow Director of Finandal ADDENDUM .1 Page 214 of 960 w V jq,11, DATE CA %J'7 ADDENDUM No. 1 4 Page 215 of 960 VAIZA CLUNIM� --lim- CMes AU 0 121=1 CASHIER'S CHECK RoMthM ANORRIA HERINOER CAMNO Pulrdvaer ANDREIA IR CARIND FAwJwwAG=ft 2=020raM qpsmw Lo.:umlin Fwdng Scum Pw- ft -0) PAY TO THE ORDER OF ***BOYNTON UTILITIES BID ***One thousand two hundred two dollars and 43 cents*** psympars". mww VMLLS FARGO BANK NA, NOMCE TO PURCHASERAF THtS IIS RUMENTIS L08T, MI OKEECHWEE BLVD 97VLEN OR DESYROYFA YOU MAY REQUEDT CANCEUATION WEST PMA4 BEACH. FL &MI I AND REISSUANCE. AS A MN'DITK)N M CANCELlATON AND FOR IRES CALL (00) 39"122 REWUAW.E, WELLS FA RGO A MUPANY MAY IMPOSE A FEE AND W -QUIRE AN IY AGREEMENT AND BOhM Purchaser Copy liffir.r.r.800 21.8 2111, 11 i 21.000 2 1. aim. 1.86 1. 5 1. a 23 2111 SERIAL M &9MM2482, ACCOUNT* 4881-5132.32 October 25, 2010 DIF BASS 1=2.43 NON-NEGOTIABLE 'JOG16 bar 26, 201i? ­ 611,202.43" VOID IF OVER US 6 1,202AS 00KYROLLER Page 216 of 960 6.F CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-173 -Authorize the City Manager to sign an agreement with CPH, Inc., for professional engineering services in preparing a Design Criteria Package for the construction of a new water quality laboratory facility, in the amount of $56,265.00. This is in accordance with the General Consulting Services, under Scope Category D, RFQ 017-2821-14/DJL approved by City Commission on July 1, 2014. EXPLANATION OF REQUEST: AGREEMENT PERIOD: August 1, 2014 - July 31, 2017 The West Water Treatment Plant (West WTP) started operations in 1994 and has had ongoing issues with the HVAC systems on the second floor since that time. The second floor houses both offices and the main water quality laboratory for the Utility. The current system employs a centralized 50 -ton air-cooled chiller located on the roof, with a fan coil unit located inside a mechanical room on the second floor. Individual temperature controls in each office operate heating coils in the ducts feeding each room. Currently, there is no recirculation of air due to the need to ensure that the fume cupboards in the laboratory vent to atmosphere. A number of repairs have been performed to the system over the years including the installation of a new air- cooled chiller and evaporator coils in 2011 due to the new refrigerant regulations. In spite of these improvements, the system is having repeated problems and needs to be completely redesigned. In addition, the fume cupboards show signs of deterioration and are in need of replacement. Under Category C of the General Consulting Services Contract (CONTRACT NO.: 017-2821-14/DJL), Carollo Engineers, Inc. was issued a task order to produce a list of replacement options and estimated construction costs, as well as an evaluation of the laboratory layout and requirements for any modifications. The recommended option was the installation of a water cooled chiller system to address all the issues with the e)asting systems at an estimated cost of $1,787,000. Due to the prohibitive cost for a new chiller system, task order U -3D-01 was issued to CPH, Inc. to determine alternate laboratory sites and to develop a conceptual site plan along with a probable construction cost for a new laboratory facility. The subsequent evaluation report proposed that the lab be located on West Woolbright Road (adjacent to Fire Station #2) and estimated the cost for the new facility at $846,973.61, inclusive of a contingency of 10%. The Utilities department intends to proceed with the construction of the new lab facility as it is the lowest cost, best available option to resolve the HVAC and laboratory needs. As such, CPH is being assigned task order U - 3D -04 to prepare a Design Criteria Package for the construction of a new laboratory facility. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This project is in support of the Utilities ongoing facilities maintenance program and provides a much needed upgrade to our water quality laboratory, in light of recent and projected increases to the service area and, hence, the population served. FISCAL IMPACT. Budgeted Funds are available in account: 403-5000-533-65-01, proj: WT1605 Page 217 of 960 ALTERNATIVES: The City could choose to proceed with the water cooled chiller option to resolve the HVAC issues. However, the laboratory location would remain at the West WTP and may impede the quality and responsiveness of lab services provided as the Utility service area increases. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type REVIEWERS: Department Utilities Finance Legal City Manager Description Resolution approving Agreement with CPH for professional engineering services Lab Design Criteria Proposal 121916 Reviewer Action Date Groff, Colin Approved 12/9/2016 - 9:22 AM Howard, Tim Approved 12/12/2016 - 11:32 AM Swanson, Lynn Approved 12/14/2016 - 4:43 PKA LaVerriere, Lori Approved 12/15/2016 - 8:49 AM Page 218 of 960 1 RESOLUTION NO. R16- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AGREEMENT FOR PROFESSIONAL 6 SERVICES FOR WATER UTILITIES LABORATORY BUILDING 7 — DESIGN CRITERIA PACKAGE WITH CPH, INC., IN THE 8 AMOUNT OF $56,265.00 AND PROVIDING AN EFFECTIVE 9 DATE. 10 11 12 WHEREAS, the West Water Treatment Plant (WWTP) started operations in 1994 13 and has had ongoing issues with the HVAC systems on the second floor which houses both 14 offices and the main water quality laboratory; and 15 WHEREAS, a number of repairs have been performed to the system over the years, 16 however, in spite of these improvements, the system is having repeated problems and needs 17 to be completely redesigned; and 18 WHEREAS, due to the prohibitive cost for a new chiller, a task order was issued to 19 CPH to determine alternate laboratory sites and to develop a conceptual site plan along with 20 a probable construction cost for a new laboratory facility; and 21 WHEREAS, the Utilities Department is requesting the City Commission authorize 22 the City Manager to sign an Agreement for Professional Services with CPH, Inc., in the 23 amount of $56,265.00 for professional engineering services in preparing a Design Criteria 24 Package for the construction of a new water quality laboratory facility. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\66C11544-E21 F-4E45-BOF6-76A352112978\Boynton Beach. 4700.1.CPH_Professional_Seryices _ Agreement_ =Reso.doc Page 219 of 960 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does 31 hereby approve and authorize the City Manager to sign an Agreement for Professional 32 Services with CPH, Inc., in the amount of $56,265.00 for professional engineering services 33 in preparing a Design Criteria Package for the construction of a new water quality laboratory 34 facility, a copy of which is attached hereto as Exhibit "A". 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of , 2016. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ATTEST: 54 55 56 57 Judith A. Pyle, CMC 58 City Clerk 59 60 61 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE CAProgram Files (x86)\neevia.com\docConverterPro\temp\NVDC\66C11544-E21 F-4E45-BOF6-76A352112978\Boynton Beach. 4700.1.CPH_Professional_Seryices _ Agreement_ =Reso.doc YES NO Page 220 of 960 AGREEMENT PROFESSIONAL SE.. - . BETWEEN CPH, INC. !, THE CITY OF BOYNTON BEACH LABORATORYFOR WATER UTILITIES IN BOYNTON BEACH, FLORIDA NOVEMBER 2016 This Agreement is composed of Part I and Part 11. Part I includes details of the services to be performed, timing of the services, and compensations. Part 11 (attached) contains the CPR's Standard Hourly Rate Table and Standard Contract Provisions, which are the general terms of the engagement between the City of Boynton Beach, herein after called the "CLIENT', and CPH, Inc., herein after called "CPH".. CLIENT proposes to have designed and constructed, a 2,350+ SF Water Testing Laboratory located in the City of Boynton Beach, Florida. The proposed water lab will be constructed to the west of the existing fire station at Woolbright Road. The City will construct the project using the design build delivery method. CPH will assist the City in preparing a Design Criteria Package to be issued to prospective bidders. The Design Criteria Package will contain preliminary design documents suitable for prospective bidders to prepare cost proposals. CPH proposes the following scope of services to assist with this effort. . A. CIVIL ENGINEERING 1.0 PRELIMINARY DESIGN Based on the CLIENT approved Conceptual Site Plan; CPH will prepare the Preliminary Engineering Plans. The preliminary plans will include the site dimension plan, as well as the preliminary infrastructure design to the proposed site. Plans will be prepared in accordance with the Local jurisdiction of the City of Boynton Beach, South Florida Water Management District (SFWMD), and the Florida Department of Transportation (FDOT). Storm Water Management will be designed in accordance with the current standards of the Local jurisdiction of the City of Boynton Beach, and will include the "Best Management Practices" proposed by the South Florida Water Management District (SFWMD). Plans will be supplied to the CLIENT in reproducible form at a suitable scale to fit on a twenty-four inch by thirty-six inch (24" x 36") plan sheet and will be accurate, legible, complete in design, and suitable for submittal to the Local jurisdiction of the City of Boynton Beach for preliminary review and approval. This task will be performed and billed as a lump sum service. Refer to the Compensation section of this proposal for the proposed fee. CPH, Inc.—FL Page 1 of Rev 4/2016 Page 221 of 960 1.0 PRELIMINARY LANDSCAPE AND IRRIGATION DESIGN Based upon the CLIENT approved preliminary Engineering plans; CPH will prepare a landscape plan and irrigation plan that meets the Minimum Technical Standards of the City of Boynton Beach. This plan will be inserted into the Design Criteria Package for prospective bidders to prepare their cost proposal. C. SURVEYING ILI _'MU109105M Boundary Survey: Perform a Boundary Survey as per Rule Chapter 5J-17 of the Florida Administrative Code in compliance with the Standards of Practice of Surveying and Mapping of the State of Florida of Parcel Control Number 08-43-45-31-25-000-0010 also described as Lot 1, Boynton Beach Woolbright Parcel as recorded in Plat Book 99, Pages 165 and 166, inclusive of the Public Records of Palm Beach County, Florida. (Site containing 2.97± acres) Note: This is not an ALTA1NSPS Land Title Survey. A formal title review is not a part of this contract. Topographic Survey: Perform a Topographic Survey as per Rule Chapter 5J-17 of the Florida Administrative -Code in compliance with the standards of practice of surveying and mapping of the State of Florida of a portion of Parcel Control Number 08-43-45-31-25-000- 0010. (Site containing 5.0± acres) 50' topographic grid of site with a 5' overlap. Location of existing visible above ground improvements & visible utilities within scope. Horizontal and vertical locations at 25' grid along W. Woolbright Rd. (half right-of-way) to the limits of the site. The following related services are not included in the scope of this proposal, and may or may not be required, but can be provided at an additional fee: ALTA1NSPS Land Title Survey, Underground Utility Location/Designation, Tree Location, As -built Survey, Platting, Wetland Line Location, Sketch and Descriptions and Ordinary High Water/Mean High Water. 1.0 SCHEMATIC DESIGN CPH will meet with Client to prepare schematic design drawings defining the building orientation, layout, size, overall appearance and basic construction technology of the project based on the agreed program. CPH will present this schematic design in a workshop session, and make appropriate refinements resulting from the workshop. This task will be CPH, Inc.—FL Page 2 of 6 Rev 412016 Page 222 of 960 performed and billed as a lump sum service. Refer to the Compensation section of this poposal for the proposed fee. .0 % DEVELOPMENT Based on the approved schematic design, CPH will prepare design development drawings to establish architectural, MEP, and structural systems, and to review various options for building components. The intent of this phase will be to establish the most economical methodology for the building. The design options will be reviewed with the CLIENT, for the CLIENTS approval to proceed to construction documents. This task will be performed and billed as a lump sum service. Refer to the Compensation section of this proposal for the proposed During the bidding phase, CPH will provide limited Bidding Services. These services include participation at three (3) coordination meetings with the City, clarification of construction documents, and review/respond to contractor's BFI's during the bid process. AWH X01 0 x«7: T:1T = ►< ►- 1,0 SUBSURFACE SOILS INVESTIGATION CONSULTANT OR SUBCONSULTANT will perform a subsurface exploration of the site, sampling and testing the subsurface materials and observation of the ground water conditions on the site, to the depths of the borings. CONSULTANT will identify any pertinent physical and engineering characteristics of subsurface materials encountered during sampling and testing. CONSULTANT OR SUBCONSULTANT will make recommendations of the type or types of foundations and pavement sections that would be suitable for the proposed project and provision of data for use in foundation and pavement design and construction. The quantity, location and depth of proposed borings are provided in the attached proposal from Universal Engineering Sciences. This task will be performed and billed as a lump sum service. Refer to the Compensation section of this proposal for the proposed fee. It is understood that CPH will perform services under the sole direction of the CLIENT. In the performance of these services, CPH will coordinate its efforts with those of other project team members as required. The CLIENT shall provide CPH with project -related technical data including, but not limited to, the following: • Project size, location, identification number, and building program. • Current title commitment and any existing boundary and topographic surveys and plats. If CPH is not performing surveying services as part of the contract, CLIENT to provide current boundary and topographic information in AutoCAD 14 or more recent version, or DXF format. • Previous Environmental investigation reports. • Previous Geotechnical investigation reports. • Master plan or development plans for the overall project. Preferably in AutoCAD 14 or more recent version, or DXF format. Page 223 of 960 CPH, Inc.—FLPage 3 of 6 Rev 4/2016 Any other pertinent information concerning this project to which the CLIENT may have CPH will rely upon the accuracy and completeness of CLIENT -furnished information ir connection with the performance of services under this Agreement. CPH will begin performance of the above services upon verbal authorization followed by written authorization within 7 days of the verbal authorization to proceed is received. The schedule is also subject to timely delivery of information by the CLIENT and is exclusive of CLIENT and local review of interim products. If the CLIENT requests that work under this agreement be stopped, the schedule is subject to renegotiation when written authorization to continue is CPH will perform the Scope of Services contained in this Agreement as identified on each task, either lump sum or time and materials. Refer to the Standard Hourly Rate Schedule to be utilized on this project. The following is the break down of fees for each task. Tasks that are identified as Time and Materials (Hourly) have been provided an 'Upset Limit' (USL) budget. The CLIENT will be informed when the services are about to exceed this limit. Phase No. Phase Description A. CIVIL ENGINEERING 1.0 Preliminary Design Lump Sum $12,000.00 B. LANDSCAPE ARCHITECTURE 1.0 Landscape and Irrigation Design Lump Sum $2,000.00 C. SURVEYING 1.0 Boundary & Topographic Survey Lump Sum $6,970.00 ARCHITECTURED. 1.0 Schematic Design Lump Sum $9,000.00 2.0 Design Development Lump Sum $21,000.00 E. BIDDING ASSISTANCE Lump Sum $4,500.00 F. GEOTECHNICAL ENGINEERING 1.0 Subsurface Soils Investigation Lump Sum $2,795.00 Reimbursable In addition to the labor compensation outlined above, CPH shall be reimbursed directly for project specific expenditures such as, but not limited to travel, printing and reprographics, meals, hotel stay, rental cars, postage, and telephone usage. Reimbursable expenses will be billed at their actual cost, without increase. Page 224 of 960 . I .--- L Paye of 6 Rev 412016 The following services are not anticipated and, therefore, not included in this Agreement at this time: • Expert witness for litigation. Construction staking. * Environmental studies and coordination of environmental issues with the regulatory agencies. • Off-site utility analysis and design. • Off-site storm water analysis and design. • Expediting the review process of the permits identified herein. Any permits not identified herein. • Structural Engineering design of retaining walls. Fire Sprinkler System design (requirements for the system will be provided by CPH). Change Order preparation. Pay request review Review of an alternative product in lieu of the product called for on the plans and specifications. • Special meetings with agencies, other consultants or CLIENT not normally required to perform the work described in the Scope of Services, except those meetings specifically identified in the above Scope of Work • Special requests by lending institutions or other parties not essential to completing the work described in the Scope of Services • Permitting efforts relating to obtaining variances for the site development including tree 'issues, setbacks, parking, etc. • Design of hardscape features including but not limited to structures, fountains, lighting, special paving, or signage • Storm water modeling and/or analysis of the existing storm water pond system for retrofitting of the existing site • Traffic studies or signalization design • Easement or right-of-way vacation or dedication services or platting services • Services resulting from changes made by CLIENT following the completion of specific project tasks that require re -work by CPH • Wetlands Permitting • Flood Plain Analyses • Site Specific Maintenance of Traffic Plans • Any other issues not specifically described in this proposal Should work be required in any of these areas, or areas not previously described, CPH will prepare a proposal or amendment, at the CLIENT's request, that contains the Scope of Services, fee, and schedule required to complete the additional work item. Inc.—FL Page 5 of 6 Rev 412016 Page 225 of 960 Date: CLIENT AUTHORIZATION The City of Boynton Beach agrees with Part I which includes the Scope of Services and Compensation Schedule, Part II contains CPH's Standard Contract Provisions referenced as Exhibit A and CPR's Standard Hourly Rate Schedule referenced as Exhibit B (attached hereto and acknowledged as being received). Together they constitute the entire Agreement between CPH, Inc. and the City of Boynton Beach, Total Labor Fees for services proposed herein: plus reimbursable expenses. It is understood that fees for the subject project, including but not limited to, application fees, impact fees, utility connection fees, review fees, etc., will be paid directly by the CLIENT. Payment for services rendered will be due within forty-five (45) days of invoicing. Should the CLIENT choose to not complete the project at any phase of the project, CPH will be due any fees for services up to the time the CLIENT informs CPH in writing to stop work. Payment for services up to the time of the CLIENT'S notice will be due within thirty (30) days of the final invoice. Invoice payments must be kept current for services to continue. CPH reserves the right to terminate or suspend work when invoices become over forty-five (45) days past due. In event that the work is suspended or terminated as a result of non-payment, CLIENT agrees that CPH will not be responsible for CLIENT's failure to meet project deadlines imposed by governments, lenders, or other third parties. Neither is CPH responsible for other adverse consequences as a result of termination or suspension of work for nonpayment of the invoices. This proposal is void if not executed and returned to CPH within 30 days of CPR's execution of the proposal. The above fees, terms, conditions, and specifications are satisfactory and are hereby accepted. CPH is authorized to do the work as specified and payment will be made as outlined above. By signing this agreement, I acknowledge that I have the legal authority to enter into this agreement and agree to be bound by the terms contained herein. By: Signature Title: M Page 226 of 960 CPH, Inc.—FL Page 6 of 6 Rev 4/2016 EXHIBIT A Standard Provisions to Agreement Agreement between City of Boynton Beach (hereinafter referred to as "OWNER/CLIENT") and CPH, Inc. (hereinafter referred to as "CPH") for professional services which may include engineering, surveying, architecture, landscape architecture, environmental, forestry, planning, transportation/traffic, etc. dated November 29, 2096 Standard of Care CPH will endeavor to provide services in a manner consistent with the level of care and skill ordinarily exercised by other professionals under similar circumstances practicing in the same or similar locality. The standard of care shall be exclusively judged at the time services are rendered and not according to later standards. CPH makes no express or implied warranty with regard to its services. Compensation, Out of Pocket and Subcontract Expenses "Compensation" as used in the Agreement includes those costs which are connected with the conditions of employment and pay of the employees and include salaries of those employees directly engaged in the performance of the requested services and employer contributions for social security, workers compensation, unemployment and payroll taxes, medical and insurance benefits, retirement benefits, holiday and sick leave pay and other allowed benefits. "Out of Pocket Expenses" as used in the Agreement include such items as travel and subsistence, printing and reproduction, telephone/communications charges, freight, postage, computer and similar costs. "Subcontract Expenses" as used in this Agreement include subcontracts for special consultants such as licensed land surveyors, soils borings and geotechnical and geohydrological services, laboratory services, environmental scientist services and other professional scientific or technical service organizations. Invoice payments are due upon receipt of the invoice and must be kept current for services to continue. Payment should be mailed to CPH, Inc. at 500 West Fulton Street, Sanford, FL 32779. If the OWNERICLiENT fails to pay any invoice due within 45 days of the date of the invoice, CPH may, without waiving any other claim or right against OWNER/CLIENT, suspend services under this agreement until CPH has been paid in full all amounts due CPH and/or any of its consultants and subconsultants. OWNERICLIENT shall pay CPM interest at 12% per annum on all invoices that remain unpaid for more than 45 days. Additional Services "Additional Services" of CPH are services which are not considered normal or customary basic services, except to the extent provided in the basic Agreement, and may include such items as preparation of grant or funding applications and supporting documents; additional services or costs resulting from significant changes in the scope or extent of the project or its design or project delays; providing renderings or models for the OWNER/CLIENT's use; preparing documents for alternate bids; furnishing the services of special consultants; resident project representation or resident inspection; services resulting from the award of additional separate contracts; special field surveys; reproducible Record Drawings or original Drawings; providing "as -built" drawings; additional services during construction; serving as a consultant or witness for the OWNER/CLIENT during any litigation, public hearing, etc.; and services normally furnished by the OWNERICLIENT; or other services not otherwise specifically provided for in the Agreement. Additional services are not included in the basic payment provisions of the Agreement except to the extent specifically provided herein. Opinions of Cost Since CPH has no control over the cost of labor, materials, equipment or services furnished by others, or over the CONTRACTOR(s)' methods of determining prices, or over competitive bidding or market conditions, our opinions of probable project cost and construction cost are made on the basis of our experience and qualifications and represent our best judgment as an experienced and qualified professional, familiar with the construction industry; Exhibit A Page 1 of 5 CPH, Inc. -FL Rev 6120'13 Owner/Client Initials Page 227 of 960 but CPH cannot and does not guarantee that proposals, bids, or actual project costs or construction costs will not vary from opinions of probable cost prepared by us. Use of Documents All documents including Drawings and Specifications prepared by CPH pursuant to this Agreement belong to CPH and are instruments of our service in respect to the project. They are not intended or represented to be suitable for reuse by the OWNER/CLIENT on another project or any extension of this project, or for use by others on this project, any extension, or any other project. Rights to use of the documents by Owner/Client shall terminate in the event that Owner/Client fails to pay invoices as outlined herein. Underground Utilities and Structures The locations of all existing utilities shown on the drawings prepared by CPH will be based on surveys of at -grade or above grade physical culture (such as valve boxes, hydrants, utility poles, permanent markers) and surveying to pick up temporary utility locate markings provided by the utility. CPH assumes no responsibility for the accuracy of utilities shown by temporary markings provided by the utility or the locations of utilities based on other non-physical features (such as plans prepared by others including mark-ups of locations provided by the utility). The below grade vertical and horizontal locations of utilities will not be required to be surveyed by CPH, and consequently, CPH assumes no responsibility for the location of below grade utilities. The OWNER/CLIENT agrees to release CPH from any liability to OWNER/CLIENT for the failure to locate any existing utility where its physical location could not have reasonably been known based on the above. Termination The obligation to provide further services under this Agreement, may be terminated by either party upon fifteen (15) days' written notice in the event of substantial failure by the other party to perform in accordance with the terms of the Agreement through no fault of the terminating party. If the Agreement is terminated during prosecution of the services and prior to the completion of services, CPH shall be compensated by the OWNERICLIENT for all services performed under this Agreement to the date of termination. In addition, CPH will be paid for all reasonable expenses resulting from such termination. Construction Administration Where construction administration is provided as a part of the basic services as outlined in the Agreement, CPH shall not be required to make exhaustive or continuous on-site inspections, but shall make periodic observations as may be outlined in more detail in the basic Agreement. CPH shall not be responsible for the means, methods, techniques, procedures of construction, or schedules selected by the CONTRACTOR or the safety precautions and programs incident to the work of the CONTRACTOR. CPH will periodically visit the site at intervals outlined in the Agreement to become generally familiar with the progress of the work to keep the Owner advised of the work. CPH will observe the work of the CONTRACTOR to endeavor to determine if the work is in general conformance with the project documents. CPN shall not be responsible for the failure of the CONTRACTOR to perform the construction work in accordance with the Documents. CPH shall provide the OWNER/CLIENT with written notice of any uncorrected defects or deficiencies coming to its attention in the course of the periodic visits above-mentioned. During such visits and on the basis of its on-site observations, CPH may recommend to the OWNER that the CONTRACTOR's work be disapproved or rejected as failing to conform to the Documents. CPH shall not have the right or duty to stop the CONTRACTOR's work. Professional Services Provided by Others Surveying, soils, planning, architecture, landscape architecture, legal, accounting, construction inspection and other services may be provided by the OWNER/CLIENT or others on this project and the results furnished to CPH. it is agreed that CPH may rely upon the results of those services by others in performing its work without verification of same. CPH assumes no responsibility for the accuracy or technical adequacy of such professional services provided by others. Exhibit A Page 2 of 5 CPH, Inc. -FL Rev 612013 Owner/Client Initials Page 228 of 960 CPH's Approval for Payment Approval of a CONTRACTOR's application for payment is an expression of opinion by CPH and shall at no time be considered as legal obligation on the part of CPH. Neither shall same be considered as an acceptance of any work or materials furnished. CPH's approval for payment is an expression of opinion by CPH that to the best of our knowledge, information and belief, the quality of the work included for payment is in general accordance with the Contract Documents (subject to an evaluation of the work as a functioning improvement upon substantial completion and to the results of any subsequent tests or inspection made). By approving an application for payment, CPH will not be deemed to have represented that we have made any examination of how or for what purpose any CONTRACTOR has used the money paid on any of the CONTRACTOR's work or that title to any of the CONTRACTOR's work, materials or equipment has passed to the OWNER/CLIENT, free and clear of any liens, claims, security interests or encumbrances. Checking of Shop Drawinas Checking of shop drawings is only for general conformance with the design concept of the project and general compliance with the information given in the Contract Documents. Any action shown is subject to the requirements of the Plans and Specifications. It is the CONTRACTOR's responsibility and not that of the CPH, for dimensions which shall be confirmed and correlated at the job site; fabrication processes and techniques of construction; coordination of his work with that of all other trades and the satisfactory performance of his work. Pre-existing Contaminants CPH shall not be considered a generator, transporter, or disposer of materials affected by regulated contaminants. Because involvement with OWNERMLIENT's contaminated substances can expose CPH to severe risks, OWNER/CLIENT shall, to the fullest extent permitted by law, waive any claim against CPH, and indemnify, defend, and hold CPH harmless from any claim or liability for injury or loss allegedly arising from CPH's involvement with OWNER/CLIENT's contaminated substances. OWNER/CLIENT shall also compensate CPH for any time spent or expense incurred by CPH in defense of any such claim. Such compensation shall be based on CPH's prevailing fee schedule and expense reimbursement policy. Site Safety Responsibilities CPH's site responsibilities are limited solely to the activities of CPH and CPH's employees on the site. These responsibilities shall not be inferred by any party to mean that CPH has responsibility for site safety for any reason. Safety in, on, or about the site is the sole and exclusive responsibility of the Contractor alone. The Contractor's methods of work performance, superintendence of the contractor's employees and subcontractors, and sequencing of construction are also the sole and exclusive responsibility of the Contractor alone. OWNERICLIENT warrants that: 1) these responsibilities will be made clear in OWNER/CLIENT's agreement with the Contractor; 2) OWNER/CLIENT's agreement with the Contractor shall require the Contractor, to the extent of Contractor's negligence, to indemnify, defend, and hold OWNER/CLIENT and CPH harmless up to a limit of $1,000,000 from any fine, penalty, claim, or liability for injury or loss arising from OWNER/CLIENT'S or CPR's alleged failure to exercise site safety responsibility; and 3) OWNER/CLIENT's agreement with the Contractor shall require the Contractor to make OWNER/CUENT and CPH additional insureds under the Contractor's general liability insurance policy, which insurance protection shall be primary protection for OWNERICLIENT and CPN, and shall hold OWNERICLIENT and CPH harmless from claims, losses, and defense cost arising from the negligence of contractor or subcontractor on any tier up to a limit of $1,000,000. Given the foregoing, OWNER/CLIENT also shall, to the fullest extent permitted by law, waive any claim against CPH, and indemnify, defend, and hold CPH harmless up to a limit of $1,000,000 from any claim or liability for injury or loss arising from CPH's alleged failure to exercise site safety responsibility. OWNERICLIENT also shall compensate CPH for any time spent and attorney fees and expenses incurred by CPH in defense of any such claim. Such compensation shall be based upon CPH's prevailing fee schedule and expense reimbursement policy. (The term "any claim" above referenced shall include, but not limited to, any claim for breach of contract, tort, or statute alleging negligence, errors, omissions, strict liability, statutory liability, breach of warranty, negligent misrepresentation, or other acts giving rise to liability.) Exhibit A Page 3 of 5 CPH, Inc. -FL Rev 612013 Owner/Client Initials 2TIMIM MIMI Page 229 of 960 Governing Law, Venue, Jurisdiction This instrument is to be interpreted and construed according to the laws of the State of Florida. It is agreed between the parties to this contract that any litigation, lawsuit or court action of any character arising from this agreement shall be filed and/or defended in Seminole County, Florida. All parties under this contract hereby voluntarily submit to the exclusive jurisdiction of the Florida Courts and the exclusive venue in Seminole County, Florida and do hereby waive any objections to either personal or subject matter jurisdiction of the Florida Courts or to said venue. Attorney Fees and Costs In connection with any dispute arising out of this Contract, each party shall be responsible for their own attorney's fees and costs incurred for services rendered in connection with such dispute, including appellate proceedings and post judgment proceedings. Waiver of Consequential Damaaes OWNER/CLIENT and CPH mutually agree to waive all claims for consequential damages against each other an each other's respective officers, directors, and employees from any and all claims arising out of the project, including, but not limited to, loss of use, lost profits, and delay damages, against each other, arising from disputes, claims, or other matters relating to this Agreement. Delay In Performance Neither the OWNERICLIENT nor CPH shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. Such circumstances shall include, but are not limited to, abnormal weather conditions, floods, earthquakes, fire, epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and delay in or inability to procure permits, licenses, and authorizations from any local, state or federal agency; for any supplies, materials, accesses, or services required to be provided by either the OWNERICLIENT or CPH under this Agreement. A reasonable extension of time for delay in performance caused by any such circumstances shall be granted. Should such circumstances occur the non-performing party shall within a reasonable time of being prevented from performing give written notice to the other party describing the circumstances preventing continued performance and efforts being made to resume performance under this Agreement. Proiect Development, Approvals and Scheduling CPH will, in the course of its work, attempt to generally identify issues that would adversely affect the development of the site for use as proposed by the Owner/Developer. However, CPH cannot control the regulatory process, actions of others, or unforeseen conditions and does not guarantee that the project can be developed for use as proposed, nor does CPH guarantee the timing of or ultimate regulatory approval of the site for development as proposed. The local, state, and federal entities and authorities ("Authorities") having jurisdiction over the project may or may not approve the proposed use of the project. Additionally, it is uncertain how long those Authorities will take to consider and to take action on the applications for the proposed use of the project. Said decisions and approvals are subject to the decision making process of those Authorities. Therefore, CPH cannot represent or guarantee that said Authorities will approve, in whole or in part, the requested use of the project or that the decision making process will be timely for the project's use, or that the Authorities will grant variances applicable to the project. Therefore, the OWNERICLIENT bears the risk of non -approval of the proposed use and the timing thereof. The OWNER/CLIENT needs to consider the ramifications to it if the project is not approved or only approved in part. Exhibit A Page 4 of 5 CPH, Ina -FL Rev 612013 Owner/Client Initials Page 230 of 960 Limitation of Liability: Site Check Studies OWNER/CLIENT acknowledges that CPH's Site Check Studies pursuant to this Agreement are general in natur,; and are performed before design is started or completed. OWNER/CLIENT acknowledges the recommendation of CPH that the OWNER/CLIENT should not close on the subject property unless and until all applicable agency approvals are obtained and the permitting process is completed. If OWNERICLIENT elects to close on the subject property prior to that time, OWNERICLIENT accepts all risks and liability arising from closing prior to obtaiTLixg 211 2X,�lic?41e 2gexcy 2AArPv?Is 2A1 qvmgletirm if the �ermftt�-n�- officers, directors, and employees from all claims thereof. 1191 •rZTE M 157#71 ZEW HMO 51 Un - I U1-ML'M- oil OWNER/CLIENT acknowledges that CPH's services pursuant to this Agreement are to assist the client and are for the scope of services as outlined in the attached contract. In order to allocate the relative risks and benefits of the pro'ect between the parties, the OWNER/CLIENT agrees to limit th- • ♦ directorsand employees for any and all claims arising from CPH's or CPH's officers', directors', and employees' professional acts, negligence, errors, omissions, breach of this contract, or indemnity, such that the total aggregate liability of CPH and CPH's officers, directors, and employees to the OWNER/CLIENT shall not exceed the fee paid by OWNER/CLIENT to CPH under this Agreement or $50,000, whichever is greater. PURSUANT TO FLORIDA STATUTE 558 .0035, DESIGN PROFESSIONALS; CONTRACTUAL LIMITATION ON LIABILITY - AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE Construction Defects on Florida Proliects ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES Exhibit A Page 5 of 5 CPH, Inc. -FL Rev 6/2013 Owner/Client Initials M Page 231 of 960 Mileage At Current IRS Rates Phone AtCost Posingis At Cost Outside Reimbursable* At Coat Billing and Reimbursable Rates Are Subject To Periodic Review and Adjustment. Updated: October 12, 2015 Page 232 of 960 Schedule of Reimbursable Charges Copies c ' Plots ( 8.5 x 11 $0.05 Each 11 X 17 $0.21 Each .5 x 14 $0.10a 12X18 $0.24 Each 19x17 $0.20 Each 15x21 $0.35 Each 4 X 22 $0.83 Each Copies (Color) 0. ash 11 $0.25 Each 30 X 42 5 1.A2 Each 14 $0.303 $1.92 Each 17 $0.33 Each Mylars PI (loriBo ) 24 x 36 $9.00 Each 24 x 36 00 Each 32 x 42 13.00 Eaa x 4$35.00 Each 36 x 48 $48.00 Each Mileage At Current IRS Rates Phone AtCost Posingis At Cost Outside Reimbursable* At Coat Billing and Reimbursable Rates Are Subject To Periodic Review and Adjustment. Updated: October 12, 2015 Page 232 of 960 6.G. CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-174 -Approve Budget Amendment for the Park & Rec Facilities Fund for the FY 2016-17 budget, increasing the appropriated budget from $209,020 to $231,020, which will adjust budgeted appropriations, revenue sources and provide spending authority for anticipated expenditure of $22,000 for purchase and installation of the Sway Fun Public Art Wall at Barrier Free Park. EXPLANATION OF REQUEST: The approved FY 16/17 budget of $209,020 included a $200,000 piece of playground equipment for Barrier Free Park. This amendment will increase The Parks & Recreation Park Impact Fee Fund (Fund 141) by $22,000 for the installation of the Sway Fun Public Art Wall. The initial phase of the development of Barrier Free Park was completed in December 2010. Recently, the Hunters Run Community Relations Board donated $4,000 towards the purchase and installation of the Sway Fun Public Art Wall. The "sway fun" is a piece of equipment that glides back and forth over the "swamp" at Barrier Free Park. It has enough room for two wheelchairs and plus benches for other passengers. It is nested in a long curved wall and provides children the sensation of motion as if they were on a boat on the water. The Sway Fun Public Art Wall was designed by Beth Ravitz, who has been involved with the park development since it began in 2007. Beth designed several areas in the park incorporating public art to enhance the it's fish camp theme. Natural looking multi -textured stone and polished steel panels will be installed on the wall's surface. This resolution will adjust the following FY 16/17 approved budgeted amounts: Revenue: Increase Donation - 141-000-369-30-00 - $4,000 Increase Fund Balance Appropriated - 141-000-369-91-00 - $18,000 Expenditures: Increase Recreation Improvements - 141-2730-572-63-12 - $22,000 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will add an exciting public art element to Barrier Free Park. FISCAL IMPACT. Non -budgeted Cost to purchase and install the art work is $21,320 to be paid from 141-2730-572-63-12. Funding will come from the $4,000 Hunters Run Donation and $17,320 from the Parks & Recreation Facilities Impact Fee Fund (141) fund balance. Page 233 of 960 ALTERNATIVES: Do approve the purchase and installation of the Sway Fun Public Art Wall. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Exhibit REVIEWERS: Department Recreation & Parks Finance Legal City Manager Page 234 of 960 Description Resolution Capital Appropriation Amendments - Exhibit A Reviewer Action Date Majors, Wally Approved 12/9/2016 - 4:27 PKA Howard, Tim Approved 12/12/2016 - 1:48 PKA Swanson, Lynn Approved 12/14/2016 - 11:22 AM LaVerriere, Lori Approved 12/15/2016 - 10:49 AM Page 234 of 960 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 R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR THE PARK & REC FACILITY TRUST FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30, 2017; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a final budget was approved by the City Commission on September 20, 2016, for the fiscal year 2016-2017; and WHEREAS, the City Manager is recommending amend the amount necessary to be appropriated for fiscal year 2016-2017 for the Park & Rec Facility Trust Fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 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 Boynton Beach, Florida, hereby amending the appropriated FY 2016-2017 budget for the Park & Rec Facility Trust Fund from $209,020 to $231,020. A copy of such amendment is attached hereto as Exhibit "A" and the appropriations set out therein for the fiscal year beginning October 1, 2016 and ending September 30, 2017, to maintain and carry on the government of the City of Boynton Beach. Section 3. That there is hereby appropriated revised amounts to the Park & Rec Facility Trust Fund (see Exhibit A) pursuant to the terms of the budget. Section 4. If any clause, section or other part of this Resolution shall be held by Page 235 of 960 29 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 30 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 31 remaining portions of this Resolution. 32 Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby 33 repealed to the extent of such conflict. 34 Section 6. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of December, 2016. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 56 Judith A. Pyle, CMC 57 City Clerk 58 59 60 61 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina Romelus Commissioner — Joe Casello VOTE YES NO Page 236 of 960 CITY OF BOYNTON BEACH CAPITAL APPROPRIATION AMENDMENTS BUDGET YEAR 2016-17, Commission Meeting 12/20/1E 2016/17 AMENDED BUDGET CAPITAL IMPROVEMENT FUND 141-0000-369-30-00 OTHER MISC. REVENUE/ DONATIONS 8,000 141-0000-389-91-00 FUND BALANCE APPROPRIATED 126,720 Adopted Fund Total Revenues 141-2730-572-63-12 RECREATION IMPVS Adopted Fund Total Expenses Exhibit A 209,020 22,000 231,020 54,663 22,000 76,663 209,020 22,000 231,020 Page 237 of 960 2016/17 Amendment REVISED Revenue Expenditures BUDGET 4,000 12,000 18,000 144,720 209,020 22,000 231,020 54,663 22,000 76,663 209,020 22,000 231,020 Page 237 of 960 6. H. CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-175 -Amend the FY 2016- 2017 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for current and prior year Adopted Capital Improvement Projects. EXPLANATION OF REQUEST: The FY 16/17 Budget was adopted in September of 2016, before identifying all prior year CIP purchase orders - this occurs in late October thru November. As such, the FY16/17 Adopted Budget for the Capital Improvement Projects Funds and the related account line items need to be adjusted to reflect purchase order encumbrances for FY 15/16. This type of budget amendment is part of the annual budget process. The Budget adjustment will increase the Fund's total appropriation which requires City Commission approval. The City's past practice for all City funds is that any operating budgeted and unspent appropriations are cancelled at the end of each fiscal year and the unspent money becomes part of the fund balance of each fund. Most capital projects span multiple years and continue into the following year. Under best budgeting practices and governmental accounting standards, we should re -appropriate these funds to provide the continued spending authority for these projects. Accordingly during FY2016-17 necessary budget modifications have been made in various Capital Improvement Funds between department/divisions. Thus adopted appropriations for some department line items have been presented on Exhibit A. Staff is requesting approval for the budget adjustments made in FY2016-17. The Parks & Recreation Facilities Trust Fund will be amended from $231,020 to $301,218 to provide appropriations for contracts approved in FY15/16 The Recreation Program Revenue Fund will be amended from $863,591 to $873,551 to provide appropriations for contracts approved in FY15/16 The Capital Improvement Fund will be amended for Fund 302 from $1,948,388 to $2,358,078. This will amend the current appropriations for General Government capital projects due to both prior year encumbrances and prior year adopted budget The Water & Sewer Utility Capital Funds will be amended from $16,822,000 to $33,799,038 to provide appropriations for contracts approved in FY15/16 and to modify the FY 16/17 Adopted Utility Capital Project budget due to both prior year encumbrances and prior year adopted budget The Golf Fund will be amended from $2,043,792 to $2,046,555 to provide appropriations for contracts approved in FY15/16 The Solid Waste Fund will be amended from $11,367,066 to $11,926,650 to provide appropriations for contracts approved in FY15/16 The Fleet Fund will be amended from $5,727,258 to $6,151,522 to provide appropriations for contracts approved in FY15/16 The Cemetery Fund will be amended from $318,294 to $322,794 to provide appropriations for contracts approved in FY15/16 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Page 238 of 960 The City would continue to follow good and appropriate budgeting practices. FISCAL IMPACT: Budgeted See ExhibitAfor a summary of the fiscal impact. ALTERNATIVES: Not approving the budget amendment would cause funding issues for FY 15/16. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Addendum Addendum REVIEWERS: Department Finance Finance Legal City Manager Description Resolution Page 239 of 960 Prior Year FSCs and Budget Rollovers Reviewer Action Date Howard, Tim Approved 12/13/2016 - 6:11 AM Howard, Tim Approved 12/13/2016 - 6:11 AM Swanson, Lynn Approved 12/14/2016 - 11:24 AM LaVerriere, Lori Approved 12/15/2016 - 10:50 AM Page 239 of 960 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 R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE ADOPTED BUDGET FOR VARIOUS FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016, AND ENDING SEPTEMBER 30,2017; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a final budget was approved by the City Commission on September 20, 2016, for the fiscal year 2016-2017; and WHEREAS, the City Manager is recommending amend the amount necessary to be appropriated for fiscal year 2016-2017 for various funds (see Exhibit A). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 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 Boynton Beach, Florida, hereby amending the appropriated FY 2016-2017 budget for the Parks & Rec Trust Fund from $231,020 to $301,218; the Recreation Facilities Trust Fund from $863,591 to $873,551; the General Capital Improvement Projects Fund 302 from $1,948,388 to $2,358,078; the Water and Sewer Utility Capital Improvement Enterprise Fund from $16,822,000 to $33,799,038; the Golf Fund from $2,043,792 to $2,046,555; the Solid Waste Fund from $11,367,066 to 11,926,650; the Fleet Maintenance Internal Service Fund from $5,727,258 to $6,151,522; and the Cemetery Fund from $318,294 to $322,794. A copy of such amendment and/or adjustment is attached hereto as Exhibit "A" and the appropriations set out therein for the fiscal year beginning October 1, 2016 and ending September 30, 2017, to maintain and Page 240 of 960 29 carry on the government of the City of Boynton Beach. 30 Section 3. That there is hereby appropriated revised amounts to various funds 31 (see Exhibit A) pursuant to the terms of the budget. 32 Section 4. If any clause, section or other part of this Resolution shall be held by 33 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 34 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 35 remaining portions of this Resolution. 36 Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby 37 repealed to the extent of such conflict. 38 Section 6. This Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this 19th day of December, 2016. 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 ATTEST: 57 58 59 60 Judith A. Pyle, CMC 61 City Clerk 62 63 Mayor — Steven Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina Romelus Commissioner — Joe Casello VOTE YES NO Page 241 of 960 64 65 (Corporate Seal) Page 242 of 960 UTILITY FUND TRANSFERS 403-0000-384.01-00 CITY OF BOYNTON BEACH UTILITY BOND FUTURE Exhibit A 1,700,000 CAPITAL APPROPRIATION AMENDMENTS 3,715,390 403-0000-381.04-10 BUDGET YEAR 2016-17, Commission Meeting 12/19/16 0 2,769,978 2,769,978 403-0000-389-92.00 2016/17 NET ASSETS APPROPRIATED 2016/17 5,027,000 5,654,571 PROJECT PO AMENDED Amendment REVISED Adopted Fund Total Revenues 12,142,000 10,439,939 22,581,939 FY15 16 NUMBER # BUDGET Revenue Expenditures Rollover BUDGET CAPITAL IMPROVEMENT FUND 403-5000-533.65-01 R&R - WATER WTR 141-0000-389-91-00 FUND BALANCE APPROPRIATED 126,720 70,198 196,918 R&R - WATER WTRO17 150935 2,992,000 Adopted Fund Total Revenues 3,000,200 403-5000-533.65-02 231,020 70,198 301,218 141-2730-572-49-17 OTHER CONTRACTUAL SRVS 3,000,200 141124 0 3,075,714 15,535 15,535 141-2730-572-63-12 RECREATION IMPVS R&R - WATER 161338 0 3,075,714 54,663 145 54,663 403-5000-533.65-02 R&R - WATER Adopted Fund Total Expenses 161139 3,075,859 231,020 138 70,198 403-5000-533.65-02 301,218 172-0000-389-91-00 FUND BALANCE APPROPRIATED R&R - WATER 153,041 9,960 3,075,997 163,001 3,079,751 403-5000-533.65-02 Adopted Fund Total Revenues WTR151 161167 863,591 9,960 3,524 3,083,275 873,551 172-2712-572-63-21 RECREATION IMPVS 130786 0 WTRO08 9,960 3,083,275 9,960 15,817 3,099,092 403-5000-533.65-02 Adopted Fund Total Expenses R&R - WATER WTR151 863,591 3,099,092 9,960 14,848 873,551 302-0000-389-91-00 FUND BALANCE APPROPRIATED 744,463 409,690 WT1603 161231 1,154,153 36,497 3,150,437 403-5000-533.65-02 Adopted Fund Total Revenues R&R - WATER 1,948,388 409,690 3,150,437 0 2,358,078 302-4101-580-62-01 BUILDING IMPROVEMENTS GC1106 151075 0 9,070 9,070 302-4101-580.64-18 GENERAL EQUIPMENT GC1104 161441 0 46,495 46,495 302-4125-580.62-01 BUILDING IMPROVEMENTS GG1608 0 0 176,000 176,000 302-4211-572.63-05 PARKS IMPROVEMENTS GG1633 0 0 131,000 131,000 302-4232-572.62-03 BUILDINGS ADA RP1635 161461 0 12,500 12,500 302-4232-572.62-03 BUILDINGS ADA RP1636 161461 0 5,000 5,000 302-4233-580.62-03 BUILDINGS ADA 0 0 22,000 22,000 302-4298-572.63-05 PARKS IMPROVEMENTS CP0509 160993 0 4,275 4,275 302-4905-580.63-08 STREET IMPROVEMENTS CP0266 160931 150,000 3,350 153,350 Adopted Fund Total Expenses 1,948,388 80,690 329,000 2,358,078 UTILITY FUND TRANSFERS 403-0000-384.01-00 UTILITY BOND FUTURE 1,700,000 2,015,390 3,715,390 403-0000-381.04-10 UTILITY BOND 2012 0 2,769,978 2,769,978 403-0000-389-92.00 NET ASSETS APPROPRIATED 5,027,000 5,654,571 10,681,571 Adopted Fund Total Revenues 12,142,000 10,439,939 22,581,939 403-5000-533.31-90 OTHER PROFESSIONAL SRVS WTR134 160893 0 134,858 134,858 403-5000-533.65-01 R&R - WATER WTR 0 115,516 115,516 403-5000-533.65-02 R&R - WATER WTRO17 150935 2,992,000 8,200 3,000,200 403-5000-533.65-02 R&R - WATER WTR075 160422 3,000,200 75,514 3,075,714 403-5000-533.65-02 R&R - WATER WTRO08 161139 3,075,714 145 3,075,859 403-5000-533.65-02 R&R - WATER WTR151 161139 3,075,859 138 3,075,997 403-5000-533.65-02 R&R - WATER WTRO08 161167 3,075,997 3,754 3,079,751 403-5000-533.65-02 R&R - WATER WTR151 161167 3,079,751 3,524 3,083,275 403-5000-533.65-02 R&R - WATER WTRO08 161228 3,083,275 15,817 3,099,092 403-5000-533.65-02 R&R - WATER WTR151 161228 3,099,092 14,848 3,113,940 403-5000-533.65-02 R&R - WATER WT1603 161231 3,113,940 36,497 3,150,437 403-5000-533.65-02 R&R - WATER TR1601 161296 3,150,437 79,368 3,229,805 Page 243 of 960 403-5000-533.65-02 R&R - WATER 403-5000-533.65-02 R&R - WATER 403-5000-533.65-02 R&R - WATER 403-5000-533.65-02 R&R - WATER 403-5000-533.65-02 R&R - WATER 403-5000-533.65-02 R&R - WATER 403-5000-533.65-02 R&R - WATER 403-5000-535.31-90 OTHER PROFESSIONAL SRVS 403-5000-535.31-90 OTHER PROFESSIONAL SRVS 403-5000-535.65-04 R&R -SEWER 403-5000-535.65-04 R&R -SEWER 403-5000-535.65-04 R&R -SEWER 403-5000-535.65-04 R&R -SEWER 403-5000-535.65-04 R&R -SEWER 403-5016-535.65-04 R&R -SEWER 403-5000-536.31-90 OTHER PROFESSIONAL SRVS 403-5000-536.31-90 OTHER PROFESSIONAL SRVS 403-5000-536.31-90 OTHER PROFESSIONAL SRVS 403-5000-536.31-90 OTHER PROFESSIONAL SRVS 403-5000-536.31-90 OTHER PROFESSIONAL SRVS 403-5000-536.31-90 OTHER PROFESSIONAL SRVS 403-5000-538.31-90 OTHER PROFESSIONAL SRVS 403-5000-538.31-90 OTHER PROFESSIONAL SRVS 403-5000-538.65-09 R&R - STORMWATER 403-5000-538.65-09 R&R - STORMWATER 403-5000-538.65-09 R&R - STORMWATER 403-5010-538.65-09 R&R - STORMWATER 403-5000-538.65-09 R&R - STORMWATER 403-5000-538.65-09 R&R - STORMWATER 403-5000-538.65-09 R&R - STORMWATER 403-5000-590.96-02 R&R - WATER 403-5000-590.96-02 R&R - WATER 403-5000-590.96-10 C -I -P /WATER CAPITAL FLOW 403-5006-538.65-09 R&R - STORMWATER 403-5006-590.65-02 R&R - WATER 403-5010-533.65-02 R&R - WATER 403-5010-533.65-02 R&R - WATER 403-5010-533.65-02 R&R - WATER 403-5010-533.65-02 R&R - WATER 403-5010-533.65-02 R&R - WATER 403-5010-538.65-09 R&R - STORMWATER 403-5010-538.65-09 R&R - STORMWATER Adopted Fund Total Expenditures SW R011 160893 2016/17 15,105 2016/17 PROJECT PO AMENDED Amendment REVISED SW1603 161314 2,850,000 1,610,758 FY15 16 4,460,758 NUMBER # BUDGET Revenue Expenditures Rollover BUDGET W T1604 161331 3,229,805 1,589 3,231,394 WTR021 161428 3,231,394 22,220 3,253,614 WTRO17 161452 3,253,614 21,863 368,000 3,275,477 WTR021 161456 3,275,477 252,000 915,390 3,527,477 WTR020 161428 3,527,477 14,543 3,542,020 WTR123 160890 3,542,020 5,250 786,304 4,328,324 WT1602 141307 4,328,324 208,732 425,000 4,753,324 SW R011 160893 100,000 15,105 115,105 SW 1601 160893 115,105 204,817 319,922 SW1603 161314 2,850,000 1,610,758 4,460,758 SW1602 161320 4,460,758 54,664 4,515,422 SWR075 161435 4,515,422 133,239 4,648,661 SWR102 161466 4,648,661 35,197 4,683,858 SW1603 4,683,858 368,000 5,051,858 SW1602 5,051,858 915,390 5,967,248 WTRO17 160893 0 23,868 23,868 SWR011 160890 23,868 5,250 29,118 WTR150 141307 29,118 208,732 237,850 STM028 160893 237,850 15,840 253,690 US1602 160895 253,690 113,475 367,165 161139, WTRO10 161167, 161228 367,165 4,131 371,296 STM031 160893 0 40,381 40,381 STM034 160893 40,381 31,981 72,362 STM029 151103 300,000 22,886 322,886 STM036 151132 322,886 57,584 380,470 STM032 161465 380,470 29,978 410,448 STM032 410,448 1,800,000 2,210,448 STM 2,210,448 150,000 2,360,448 STM 2,360,448 1,100,000 3,460,448 STM035 3,460,448 200,000 3,660,448 WTR132 080816 0 7,947 7,947 WTR138 130980 7,947 286,238 294,185 WTR127 100763 0 5,868 5,868 STM031 160742 0 2,000 2,000 WTR112 090705 0 14,934 14,934 WTR112 141250 4,000,000 1,512 4,001,512 WTR106 150828 4,001,512 12,849 4,014,361 161228, 150855, WTR112 161167, 161139, 160889 4,014,361 724,289 4,738,650 WTR106 161467 4,738,650 111,561 4,850,211 WTR133 161467 4,850,211 420 4,850,631 STM 022 161467 1,400,000 119,289 1,519,289 STM 033 161467 1,519,289 58 1,519,347 12,142,000 4,579,729 5,860,210 22,581,939 Page 244 of 960 UTILITY FUND TRANSFERS 404-0000-384.01-00 BOND PROCEEDS 404-0000-384.04-01 UTILITY BOND 2012 404-0000-389-92.00 NET ASSETS APPROPRIATED Adopted Fund Total Revenues 404-5010-533.65-01 WATER 404-5000-533.65-01 WATER 404-5016-533.65-01 WATER 404-5000-533.65-01 WATER 404-5000-533.65-02 WATER 404-5000-535.65-03 SEWER 404-5016-535.65-03 SEWER 404-5000-590.96-01 SEWER 404-5000-590.96-03 SEWER 404-5010-533.65-01 WATER Adopted Fund Total Expenditures 411-0000-389-92.00 FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 411-2911-572.49-17 OTHER CONTRACTUAL SERVICES Adopted Fund Total Expenditures 431-0000-389-92.00 FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 431-2515-534.49-17 OTHER CONTRACTUAL SERVICES Adopted Fund Total Expenditures 501-0000-389-92.00 FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 501-2516-519.49-17 OTHER CONTRACTUAL SERVICES 501-2516-519.51-25 SUPPLIES / COMPUTER SFTWRE<$750 501-2516-519.52-10 FUEL OIL VEHICLES 501-2516-519.64-14 COMPUTER SOFTWARE 501-2516-519.64-15 COMPUTER EQUIPMENT 501-2516-519.64-33 VEHICLE PURCHASES 501-5000-590.09-85 CLEARING / FM - PI/DEFAULT Adopted Fund Total Expenditures 631-0000-389-91.00 FUND BALANCE APPROPRIATED Adopted Fund Total Revenues 631-3110-539.49-17 OTHER CONTRACTUAL SERVICES Adopted Fund Total Expenditures 0 559,584 0 559,584 11,367,066 559,584 11,926,650 0 559,584 559,584 11,367,066 559,584 11,926,650 1,873,638 424,264 (1,449,374) 5,727,258 424,264 6,151,522 161071 20,000 2016/17 20,509 160695 0 2016/17 PROJECT PO AMENDED 3,155 Amendment 161433 REVISED 37,515 37,515 161453 69,000 111,725 FY15 16 NUMBER # BUDGET Revenue Expenditures Rollover BUDGET 3,000,000 2,800,000 5,800,000 0 3,070,296 3,070,296 160,000 666,803 826,803 4,680,000 6,537,099 11,217,099 WTR136 161139 1,680,000 3,070,296 4,750,296 161228, WTR112 161167 4,750,296 229,958 4,980,254 WT16XX 4,980,254 2,500,000 7,480,254 WT1601 7,480,254 198,326 7,678,580 161228, WTR127 161167 0 20,168 20,168 SW R114 161467 1,000,000 4,048 1,004,048 SWR 1,004,048 300,000 1,304,048 091342, WTR136 091265 0 12,227 12,227 SWR114 080692 0 2,820 2,820 WTR136 130850 0 199,256 199,256 4,680,000 3,538,773 2,998,326 11,217,099 0 2,763 2,763 2,043,792 2,763 2,046,555 161382 30,700 2,763 33,463 2,043,792 2,763 2,046,555 0 559,584 0 559,584 11,367,066 559,584 11,926,650 0 559,584 559,584 11,367,066 559,584 11,926,650 1,873,638 424,264 (1,449,374) 5,727,258 424,264 6,151,522 161071 20,000 509 20,509 160695 0 194 194 161430 1,000,000 3,155 1,003,155 161433 0 37,515 37,515 161453 69,000 111,725 180,725 2,702,234 252,975 2,955,209 161182 0 18,191 18,191 5,727,258 424,264 6,151,522 203,294 4,500 207,794 318,294 4,500 322,794 3 6, 000 4,500 40,500 318,294 4,500 322,794 Page 245 of 960 6.1. CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-176 -Approve the temporary road closure of the intersection of W Boynton Beach Blvd and N Seacrest Blvd on Saturday, January 7, 2017 for the annual Martin Luther King Jr. Parade, and authorize the City Manager, or designee, to apply for the State permit for the temporary road closure. EXPLANATION OF REQUEST: The MILK Parade is an annual event in the city. The parade route crosses Boynton Beach Blvd which is a state maintained road. The closing of a state road requires a permit from FDOT which must be requested by an authorized official of the city. The road closure will be from approximately from 1:00pm - 4:30pm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The temporary re-routing of traffic around this intersection. FISCAL IMPACT. N/A ALTERNATIVES: Do not approve the road closure. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type r Description Resolution approving temporary road closure for annual Martin Luther King Jr Parade Page 246 of 960 D Addendu D Addendul REVIEWERS: Department Police Finance Legal City Manager Reviewer Pyle, Judith Howard, Tim Swanson, Lynn LaVerriere, Lori Action Approved Approved Approved Approved Date 12/13/2016 - 8:52 AM 12/13/2016 - 11:17 AM 12/14/2016 - 2:05 PPA 12/15/2016 - 8:49 AM Page 247 of 960 I RESOLUTION NO. R16 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE TEMPORARY 5 CLOSING OF THE INTERSECTION OF WEST 6 BOYNTON BEACH BOULEVARD AND NORTH 7 SEACREST BOULEVARD ON SATURDAY, JANUARY 8 7, 2017 FOR THE ANNUAL MARTIN LUTHER KING 9 JR. PARADE AND AUTHORIZING THE CITY 10 MANAGER OR HER DESIGNEE TO APPLY FOR 11 STATE PERMITS FOR THE TEMPORARY ROAD 12 CLOSING; PROVIDING FOR EFFECTIVE DATE. 13 14 WHEREAS, the City of Boynton Beach's annual Martin Luther King Jr. Parade is 15 scheduled to be held on Saturday, January 7, 2017; and 16 WHEREAS, in order to provide for the safety of the participants and citizens 17 attending the Parade, the intersection of West Boynton Beach Boulevard and North Seacrest 18 Boulevard will be required to be closed beginning at 1:00 p.m.; and 19 WHEREAS, the Florida Department of Transportation requires the local government 20 to authorize all temporary road closures on state roadways; and 21 WHEREAS, the City Commission of the City of Boynton Beach desires to authorize 22 the temporary closing of the intersection of West Boynton Beach Boulevard and North 23 Seacrest Boulevard on January 7, 2017, to provide for the safety of the participants and 24 citizens attending the Martin Luther King Jr. Parade; and 25 WHEREAS, the City Manager (or her designee) is authorized to apply for the permit 26 for temporary closing of state roads for special events, pursuant to Chapter 14-65, Florida 27 Administrative Code, for said temporary closings; 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing "WHEREAS" clauses are true and correct and 31 hereby ratified and confirmed by the City Commission 32 Section 2. That the City Commission of the City of Boynton Beach authorizes the 33 temporary closing of the intersection of West Boynton Beach Boulevard and North Seacrest 34 Boulevard on January 7, 2017 for the annual Martin Luther King Jr. Parade. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\592F8199-75B6-4622-8CB3-DF6D22FFBFAB\Boynton Beach. 4691.1.Reso_- Road Closings _MLK_Parade_(2017).doc Page 248 of 960 35 Section 3. The City Manager (or her designee) is hereby authorized to apply for 36 permits from the Florida Department of Transportation pursuant to Chapter 14-65, Florida 37 Administrative Code, for said temporary closings. 38 Section 4. That this Resolution will become effective immediately upon passage. 39 PASSED AND ADOPTED this day of , 2016. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\592F8199-75B6-4622-8CB3-DF6D22FFBFAB\Boynton Beach. 4691.1.Reso_- Road Closings _MLK_Parade_(2017).doc Page 249 of 960 ales ainleu5iS 911!i/aweN uoijczpoqjnV.Loo.q SU0111650-1 15108ac Inn -A ale(] ainleubiS 011!1/GweN JeI0Wo JU0WUJ,9AOE) ale(] ajnjeubls all!i/@WeN jU,qw,q3jOjUD Mel ale(] ainjeubiS 74 JO)eu'PJOOo)U9Ag jjezi9oi4jnV jo sain4euDiS ,oilqn,d Gql of IUGWU0JIAUG,9leS e 5UIP!Aoid pue jaIN 10 @@JJ'jUGAG siqj to uoileinp aq; joj saldn000)! peoi alels aqj jo U0111od aqj uieluiew of apsuodsai aq IIeqs GaWLWOd @qi 'IU@AG SIqj 10 GSIOIE)XE) eql;o jun000e uo jauuew Aue ut buispe asuadxa Jo jsoo,a5ewep,ssoj ile pue Aue Isu.mbe pue W04 ioaj 1941 pue EP!JOI-A 10 GjejS Gqj SS@IWJEq GAES pue Pu9jap 'Apuwapui pue jo Nsp pe awnsse IHAA 9all!w'Od Gqi UOIJUDOI G5p!Jq E] PGq08jjV Jallal JeAojddVoosnjo Adoo [] alqeoilddV ION 09pliq ojqeA0W SU1110JIU00 JOI JeAoiddV pieng Isebo sn AOU R6V 10 G W eN joiluoo oij4eij jol o1q1suodsog AouaBV jue WOO.JOIU3 Mel 4UOAg felOOCIS 10 U0fjCIIJ3SiD(] I!ew:l auoqdalai ssaippv UOSJ@d 10elU00 UOIlezJue6J0 JO GW8N JUOA3 jetoodS Builsonboll uoijoziuuffj_-o auoqdalE)_L G, 51"'D­7�"F' —7j- �T19V I'Y"77-TT j -)ql IR, 7? ssaippV 7 f f)` uosj@d lol?luoO U9WUJ8A0!D Je0O -1 6UIA0jddV j AIIJUEJ IBIUOUJUJOAOS) -ON l!WJad , --A 33NVN3INrM IIWU3d aVOU 3IViS :10 SNIS013 AIMOdW31 99-01,0-099 N0UVIH0dSNY81 JO IN3IVIIHVdM Volbolzi Ao IIVIS V, 3(a)(L)qeoo S V I ajn8 0 (C) 0') 4 0 0 Lo (dew Pelle) ajno�A inola(j yi St (dew pepu ojno�A JU9A3 awl -L Pug awli bels I L JU9Ag 10 9;8(1 - F) 7C7U all! JUGAA 4UOAg felOOCIS 10 U0fjCIIJ3SiD(] I!ew:l auoqdalai ssaippv UOSJ@d 10elU00 UOIlezJue6J0 JO GW8N JUOA3 jetoodS Builsonboll uoijoziuuffj_-o auoqdalE)_L G, 51"'D­7�"F' —7j- �T19V I'Y"77-TT j -)ql IR, 7? ssaippV 7 f f)` uosj@d lol?luoO U9WUJ8A0!D Je0O -1 6UIA0jddV j AIIJUEJ IBIUOUJUJOAOS) -ON l!WJad , --A 33NVN3INrM IIWU3d aVOU 3IViS :10 SNIS013 AIMOdW31 99-01,0-099 N0UVIH0dSNY81 JO IN3IVIIHVdM Volbolzi Ao IIVIS V, 3(a)(L)qeoo S V I ajn8 0 (C) 0') 4 0 0 Lo O O O 4- 0 LO N N O1 6.J. CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-177 - 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 Code Compliance 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 procedures, 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: Is this a grant? No Page 253 of 960 Grant Amount: ATTACHMENTS: Type REVIEWERS: Department City Clerk Finance Legal City Manager Description Resolution approving and authorizing nuisance abatement 121916 ExhibitA Reviewer Action Pyle, Judith Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 12/9/2016 - 4:01 PPA 12/9/2016 - 4:33 PPA 12/12/2016 - 2:05 PPA 12/14/2016 - 8:58 AM Page 254 of 960 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. R16 - 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\EO25834A-C1DC-4A76-BF13-31326DOAB4FE\Boynton Beach. 4653.1.Nuisance Abatement for 121916 - Reso.doc Page 255 of 960 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 84 85 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 2016, 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 , 2016. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\EO25834A-C1DC-4A76-BF13-31326DOAB4FE\Boynton Beach. 4653.1.Nuisance Abatement for 121916 - Reso.doc Page 256 of 960 First Name Last Name company Name Address Line 1 Boynton Beach Heights Realty PO Box 359 Murray Willie 545 NW 11th Ave Estate of Christina Deal 304 NW 8th Avenue Michael & Amy Senkowicz 915 Greenbriar Dr Southwest Jefferson, Inc. 6215 Innes Trace 550 SW 2nd Ave Apt. Javis L. Sims 125C 221 E. Martin Luther Estate of Dorris E. Williams King Jr Blvd Mr. & Mrs. Go 801 NE 76th St Page 257 of 960 Address Line 2 Invoice PCN Case I Amount Boynton Beach, FI 33425 39484 08-43-45-28-10-014-0221 16-1041 488.09 Boyntob Beach, FI 33435 39483 08-43-45-21-14-000-3580 16-907 488.09 Lake Worth, FI 33460 39479 08-43-45-21-04-000-0150 16-958 588.09 Boynton Beach, FI 33435 39433 08-43-45-28-10-012-0120 16-877 588.09 Louisville, KY 40222 39434 08-43-45-21-18-000-1660 16-957 588.09 Boca Raton, FI 33432 39435 08-43-45-21-14-000-3560 16-908 588.09 Boynton Beach, FI 33435 39436 08-43-45-21-27-001-0220 16-944 688.09 Boca Raton, FI 33487 38950 08-43-45-21-07-001-1790 16-220 738.09 Page 258 of 960 Property 327 SW 2nd Avenue Boynton Beach FI 545 NW 11th Avenue, Boynton Beach FI 228 NE 8th Avenue, Boynton Beach FI 118 W Ocean Ave, Boynton Beach, FI 225 NE 9th Avenue, Boynton Beach, FI 543 NW 11th Ave, Boynton Beach FI 221 NE 10th Ave, Boynton Beach FI 301 W Boynton Beach Blv, FI Page 259 of 960 6. K. CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2015-2016 Budget Status Report of the General Fund and the Utilities Fund for the twelve (12) month period ending September 30, 2016 (unaudited). EXPLANATION OF REQUEST: This report summarizes the estimated funding sources and the adopted expenditure budgets for the City's General Fund and Utility Fund for the twelve (12) month period ended September 30, 2016 (100% of the fiscal year, unaudited). The analysis compares: • Actual results for the current period to the annual budget • Actual results for the same period of the prior year annual budget HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget is what provides and controls the resources for City programs and services. FISCAL IMPACT: The annual budget and results to date for the General Fund and Utility Fund. GENERALFUND The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $1.1M surplus for the period ending September 30, 2016. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $60.1 M or 78% of our total $76.5M General Fund budget estimate for FY 2015-16. Transfers from other funds (non -revenues) provide $16.4M or 22% of the total funding sources to balance our $76.5M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 38% - $ 29AM —Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 30.7M —All other revenues plus General Fund Balance 3. 22% - $ 16.4M — Transfers from other funds 100% - $ 76.5M — Total funding sources Page 260 of 960 FY 2015-16 FY 2014-15 FY 2016 vs. 2015 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 76,518 $ 76,222 100% $ 73,794 $ 75,019 102% 3.7% 1.6% &Transfers Expenditures $(76,518) $(75,090) 98% $(73,794) $(71,218) 97% 3.7% 5.4% Excess (Deficit) $ - $ 1,132 $- $ 3,801 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $1.1M surplus for the period ending September 30, 2016. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $60.1 M or 78% of our total $76.5M General Fund budget estimate for FY 2015-16. Transfers from other funds (non -revenues) provide $16.4M or 22% of the total funding sources to balance our $76.5M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 38% - $ 29AM —Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 30.7M —All other revenues plus General Fund Balance 3. 22% - $ 16.4M — Transfers from other funds 100% - $ 76.5M — Total funding sources Page 260 of 960 The property tax rate for FY 2015-16 is 7.9000 mills, no change from the prior year; the net property taxes of $29AM in FY 2015-16 represent an 8.6% increase in property tax revenue or an increase of $2.3M from FY 2014-15. To balance the budget in FY 2015-16, it required transfers from other funds of $16.4M representing 22% of all funding sources. Actual Funding Sources Realized: At the end of the twelfth month in FY 2015-16, revenues and transfers realized are approximately $76.2M of the budget estimate compared to $75.OM realized to date in FY 2014-15. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $29.6M as compared to $26.9M for FY 2014-15, as noted on Exhibit A. Other Revenues: The five major revenue sources (other than property taxes): 1. Franchise Fees realized was $3.8M or 79% actually collected compared to a similar amount of $4.7M or 106% in FY 2014-15. 2. Business Taxes are due at the beginning of the fiscal year. For FY 2015-16, approximately $1.6M or 106% have been collected compared to the FY 2014-15 amount of $1.6M or 94%. 3. State Shared revenues of $7.68M or 93% have been collected in FY2015-16 as compared to $8.OM or 104% received in FY 2014-15. 4. Public Safety revenues at this point collected are $5.6M or 117% received compared to $5.2M or 121% for FY 2014-15. 5. Special Assessment revenues, related to Fire and Rescue, in the amount of $5.6M or 102% have been collected compared to $5.6M or 101 % in FY 2014-15. Transfers from Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Note: if a surplus will be realized in FY2015-16 the Fund Balance transfer amounts will not be required. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 3.7% from $73.8M to $76.5M. The budget increase was due to the cost of doing business, providing funding related to wage increases and increased pension contribution. Actual Expenditures - General Fund expenditures for the twelve month period ending September 30 (100% of the fiscal year) are $75.OM which is 98% of the $76.5M expenditure appropriation for FY 2015-16. Note: the City's annual pension obligations for General Employees, Fire, and Police are paid in the first month of the fiscal year. The table at the top of Exhibit B displays actual expenditures of $75.OM or 98% of the FY 2015-16 budget. At this point in the fiscal year, FY2015-16 spending levels are $3.8M ahead of the $71.2M or 97% expended in FY 2014-15 for this same period. Note: at this point in time General Fund encumbrances totaled $88.91K. UTILITY FUND The FY 2015-16 annual expenditure budget of $42.2M represents a $1.9M increase from the FY 2014-15 budget of $40.3M. The operational forecast reflects an estimated decrease of $56K of the fund balance for FY 2015-16. FY 2015-16 FY 2014-15 FY 2016 vs. 2015 Actual to Date Actual to Date Budget Actual Page 261 of 960 For the twelve month period in FY 2015-16, • Revenues realized are $41.3M (98%) of the annual budget estimate. • Expenditures incurred are $40.3M (96%) of the annual appropriated budget. This resulted in revenues in excess of expenditures yielding a surplus of approximately $943K. The following provides brief comments on the Utility Fund revenues and expenditures to date. Revenues (Exhibit Q - The $41.3M in FY 2015-16 actual revenues and fund balance reflect an increase compared to the $40AM in FY 2014-15, because of the following factors: • Water Sales - $19.5M equivalent to 100% of the annual estimate, compared to $18.9M or 103% at this point in FY 2014-15. • Water Service Charge - $808K equivalent to 108% of the annual estimate, compared to $837K or 167% at this point in FY 2014-15. • Sewer Service - $17.2M equivalent to 96% of the annual estimate, compared to $16.5M or 96% at this point in FY 2014-15. Expenditures (Exhibit D) — Utility Fund FY 2015-16 expenditures to date are $40.3M or 96% of the annual appropriation compared to expenditures of $34.3M or 85% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). Note: at this point in time Utility Fund encumbrances totaled $206K. ALTERNATIVES: Do not accept the report. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 262 of 960 Annual Annual Budget Amount % Budget Amount % % % Revenues $ 42,218 $ 41,275 98% $ 40,341 $ 40,081 99% 4.7% 3.0% &Transfers Expenditures $(42,218) $(40,332) 96% $(40,341) $(34,291) 85% 4.7% 17.6% Excess (Deficit) $ - $ 943 $ - $ 5,790 For the twelve month period in FY 2015-16, • Revenues realized are $41.3M (98%) of the annual budget estimate. • Expenditures incurred are $40.3M (96%) of the annual appropriated budget. This resulted in revenues in excess of expenditures yielding a surplus of approximately $943K. The following provides brief comments on the Utility Fund revenues and expenditures to date. Revenues (Exhibit Q - The $41.3M in FY 2015-16 actual revenues and fund balance reflect an increase compared to the $40AM in FY 2014-15, because of the following factors: • Water Sales - $19.5M equivalent to 100% of the annual estimate, compared to $18.9M or 103% at this point in FY 2014-15. • Water Service Charge - $808K equivalent to 108% of the annual estimate, compared to $837K or 167% at this point in FY 2014-15. • Sewer Service - $17.2M equivalent to 96% of the annual estimate, compared to $16.5M or 96% at this point in FY 2014-15. Expenditures (Exhibit D) — Utility Fund FY 2015-16 expenditures to date are $40.3M or 96% of the annual appropriation compared to expenditures of $34.3M or 85% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). Note: at this point in time Utility Fund encumbrances totaled $206K. ALTERNATIVES: Do not accept the report. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 262 of 960 Type D Addendum D Addendum D Addendum D Addendum REVIEWERS: Department Finance Finance City Manager Description FY15/16 Gen Fund Rev Report thru Sept. 30 FY15/16 Gen Fund Exp Report thru Sept. 30 FY15/16 Utility Fund Rev Report thru Sept. 30 FY15/16 Utility Fund E)p Report thru Sept. 30 Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 12/9/2016 - 4:40 PPA 12/9/2016 - 4:41 PPA 12/12/2016 - 8:17 AM Page 263 of 960 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended Spetember 30, 2016 (100% of Fiscal Year) - UNAUDITED $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2014-15 Actual Cumulative 2015-16 Actual -2015-16 Budget S:AFinmeeTi-cialRep orts\Monthly Financial Rep orts\FY2015-2016\Budget Review -GF- thm Sept 16 Sumniuized001 Revenue Summary Revised Page 264,of 960 REVENUE FY 2015-16 FY 2015-16 TO DATE FY 2014-15 FY 2014-15 TO DATE ACCOUNTS REVENUE % REVENUE % APPROVED $ 35,437,711 REALIZED $ 35,613,899 REALIZED 100% APPROVED $ 32,304,232 REALIZED 32,072,746 REALIZED 99% AD VALOREM TAXES, net LESS TIF TAXES TO CRA 5,985,241 (5,971,583) 100% 5,186,878 (5,181,655) 100% NET TAXES TO THE CITY 29,452,470 29,642,316 101% 27,117,354 26,891,091 99% LICENSES AND PERMITS BUSINESS TAXES 1,545,000 1,639,756 106% 1,690,000 1,594,879 94% BUILDING PERMITS 2,154,000 2,594,914 120% 2,415,000 2,381,281 99% FRANCHISE FEES 4,830,000 3,802,255 79% 4,420,000 4,688,568 106% OTHR LICENSES, FEES & PER 180,000 221,105 123% 170,000 184,281 108% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 130,000 47,045 36% 55,000 86,514 157% STATE SHARED REVENUES 8,239,000 7,681,509 93% 7,724,000 8,060,499 104% SHRD REV FROM OTHR LCL 395,000 216,816 55% 440,000 439,576 100% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 120,133 99% 104,000 121,647 117% CHRGS-GENERAL GOVT 459,000 485,707 106% 616,798 655,706 106% PUBLIC SAFETY 4,870,949 5,680,637 117% 4,383,605 5,296,880 121% PHYSICAL ENVIRONMENT 20,000 20,498 102% 20,000 18,264 91% CULTURE/RECREATION 410,500 439,585 107% 353,000 434,424 123% INTEREST & MISC REVENUE LIBRARY FINES 30,000 25,148 84% 30,000 27,849 93% VIOLATIONS LOCAL ORD. 595,000 679,136 114% 603,860 944,831 156% INTEREST EARNINGS 50,000 127,956 256% 50,000 108,143 216% RENTS AND ROYALTIES 367,200 403,371 110% 351,000 364,344 104% SPECIAL ASSESSMENTS 5,541,500 5,649,134 102% 5,542,000 5,607,446 101% SALE OF SURPLUS MATERIAL 2,000 2,129 106% 2,000 737 37% OTHER MISC. REVENUE 233,000 300,856 129% 237,000 440,694 186% INTERNAL FUND TRANSFERS TRANSFERS 16,442,000 16,442,000 100% 16,518,000 16,671,812 101% FUND BALANCE APPROPRIATED 450,645 0% 951,781 0% Total Revenues $ 76,518,564 $ 76,222,006 100% $ 73,794,398 75,019,466 102% $0 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Cumulative 2014-15 Actual Cumulative 2015-16 Actual -2015-16 Budget S:AFinmeeTi-cialRep orts\Monthly Financial Rep orts\FY2015-2016\Budget Review -GF- thm Sept 16 Sumniuized001 Revenue Summary Revised Page 264,of 960 S: pinancepinanciat ReportsAlonthty Financial ReportspY2015-2016\13udget Review - GF - thm Sept 16 St-uized001 Expenditure Summary Revised Page. LRD&iof 960 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended Spetember 30, 2016 (100% of Fiscal Year) - UNAUDITED EXPENDITURES FY 2015-16 FY 2015-16 TO DATE FY 2014-15 FY 2014-15 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 260,692 $ 220,902 85% $ 252,374 $ 225,027 89% CITY MANAGER 675,310 673,046 100% 631,275 623,422 99% CITY HALL/GEN. ADMIN. 2,441,639 2,334,208 96% 2,121,218 1,922,146 91% MARKETING/COMMUNICATIONS 234,811 225,233 96% 180,646 123,815 0% CITY CLERK 611,709 546,643 89% 565,942 531,585 94% CITY ATTORNEY 645,944 643,945 100% 596,893 562,018 94% FINANCIAL SERVICES 1,175,704 1,119,331 95% 1,163,228 1,139,008 98% ITS 1,921,828 1,842,293 96% 1,917,477 1,674,355 87% HUMAN RESOURCES 720,200 632,938 88% 735,597 666,530 91% PUBLIC SAFETY UNIFORM SERVICES 15,809,178 15,594,762 99% 13,682,226 13,137,958 96% ADMINISTRATIVE SERVICES 5,269,636 4,967,795 94% 7,023,314 6,694,397 0% SUPPORT SERVICES 8,782,483 8,757,937 100% 8,582,994 8,374,446 0% FIRE 22,767,587 22,635,226 99% 21,473,553 21,337,156 99% EMERGENCY MANAGEMENT 81,914 14,384 18% 46,914 23,936 51% BUILDING & DEVELOPMENT DEVELOPMENT 1,013,150 1,012,339 100% 892,532 870,079 97% BUILDING 1,184,195 1,135,615 96% 1,183,613 1,150,883 97% ENGINEERING 716,777 697,230 97% 689,856 681,298 99% PLANNING & ZONING 757,498 750,823 99% 700,921 697,717 100% ECONOMIC DEVELOPMENT 245,731 177,431 72% 223,339 206,539 92% PUBLIC WORKS PUBLIC WORKS 235,695 233,333 99% 231,907 227,368 98% FACILITIES MANAGEMENT 1,541,462 1,448,216 94% 1,529,462 1,459,451 95% STREETS MAINTENANCE 1,100,307 1,096,042 100% 1,119,169 1,090,274 97% LEISURE SERVICES LIBRARY 2,261,401 2,246,414 99% 2,234,621 2,155,691 96% SCHOOLHOUSE MUSEUM SERV 301,653 293,682 97% 336,444 317,362 94% RECREATION 2,990,094 2,969,525 99% 2,927,630 2,880,432 98% PARKS & GROUNDS 2,771,966 2,722,426 98% 2,751,253 2,422,040 88% CRA REIMBURSABLE & RESERVES - 98,379 0% - 23,004 0% Total Expenditures $ 76,518,564 $ 75,090,098 98% $ 73 794 398 $ 71,217,937 97% S: pinancepinanciat ReportsAlonthty Financial ReportspY2015-2016\13udget Review - GF - thm Sept 16 St-uized001 Expenditure Summary Revised Page. LRD&iof 960 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30, 2016 (100% of Fiscal Year) - UNAUDITED S:\Finance\Financial Reports\Monthly Financial Reports\FY2015-2016\Budget Review - OF - thru Sept 16 Summariz d401 Rev Sum Page 266 of 960 REVENUES FY 2015-16 FY 2015-16 TO DATE FY 2014-15 FY 2014-15 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED $ 19,490,000 REALIZED $ 19,519,899 REALIZED 100% APPROVED $ 18,400,000 REALIZED $ 18,930,573 REALIZED 103 WATER SALES WATER CONNECTION FEE 25,000 47,975 192% 10,000 36,370 364 WATER SERVICE CHARGE 750,000 808,205 108% 500,000 837,435 167 WTR-BACKFLOW PREVNTR TEST 5,000 22,300 446% 5,000 6,750 135 RECLAIMED WATER SALES 60,000 56,775 95% 40,000 62,204 156 SEWER SERVICE 17,988,000 17,223,105 96% 17,254,000 16,553,033 96 STORMWATER UTILITY FEE 3,790,000 3,462,640 91% 3,610,000 3,471,951 96 TELEVISE SEWER LINES 2,500 12,857 514% 7,000 15,439 221 FEES 10,000 36,854 369% 10,000 38,326 383 INTEREST INCOME 40,000 43,460 109% 50,000 29,517 59% SALE OF SURPLUS EQUIP. - 1,403 0% - 1,837 0 OCEAN RGE UT TAX ADM CHG 800 813 102% 800 705 88 BAD DEBT RECOVERIES 500 - 0% 500 - 0 MISCELLANEOUS INCOME - 38,377 0% - 5,045 0% TRANSFER FROM SANITATION FUND - - 0% 101,000 92,583 92 FUND BALANCE DECREASE (INCREASE) 56,108 0% 353,230 0 TOTAL REVENUES $ 42 217 908 $ 41,274,663 98% $ 40,341,530 $ 40,081,768 99 S:\Finance\Financial Reports\Monthly Financial Reports\FY2015-2016\Budget Review - OF - thru Sept 16 Summariz d401 Rev Sum Page 266 of 960 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30, 2016 (100% of Fiscal Year) - UNAUDITED EXPENDITURE FY 2015-16 FY 2015-16 TO DATE FY 2014-15 FY 2014-15 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED $ 1,659,754 $ 1,640,836 99% APPROVED EXPENDED $ 1,533,357 $ 1,424,727 93% WATER DISTRIBUTION PUBLIC WATER TREATMENT 5,691,571 5,225,797 92% 5,595,214 5,285,480 94% METER READING & SERVICES 1,208,362 1,009,607 84% 931,685 848,106 91 WASTEWATER COLLECTION 1,720,597 1,542,758 90% 1,605,462 1,374,825 86% WASTEWATER PUMPING STATNS 2,622,842 2,428,386 93% 2,416,722 2,245,649 93% SEWAGE TREATMENT 4,405,000 4,147,533 94% 4,600,000 4,598,634 100% WATER QUALITY 662,894 618,869 93% 706,548 705,368 100 UTILITY ADMINISTRATION 14,472,294 13,960,013 96% 12,940,399 12,232,560 95% UTILITES ENGINEERING 1,150,746 1,292,263 112% 1,324,956 1,206,978 91 STORMWATER MAINTENANCE 978,291 915,277 94% 1,020,884 774,187 76% CUSTOMER RELATIONS 1,562,822 1,386,642 89% 1,581,519 1,359,302 86% DEBT SERVICE 6,082,735 6,164,116 101% 6,084,784 2,235,435 37 Total Expenditures $ 42,217,908 $ 40,332,097 96% $ 40,341,530 $ 34,291,251 85% S:\Finance\Financial Reports\Monthly Financial Reports\FY2015-2016\Budget Review - OF - thru Sept 16 Summariz d401 Exp Sum Page 267 of 960 6.L. CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Approve Change Order No. 5 to Purchase Order #130850 to Rohl Networks, LP in the amount of $31,613 for the Fiber Optic Cabling project, Bid No. 017-2821-13/DJ L, increasing the purchase order from $276,313.56 to $307,926.56. EXPLANATION OF REQUEST: On April 16, 2013, the City Commission approved a contract with Rohl Networks, LP to install underground fiber optic cabling along the route of the Raw Water Main Sections A, B, and C to provide a secure data and communication link between the East and West Water Treatment Plants. Rohl Networks, LP installed the fiber optic cable for Section A. The fiber for Sections B and C will be installed when the pipeline for Section C is completed. On September 20, 2016, the Commission approved Change Order #4 increasing the purchase order to $276,313.56. Change Order No. 5 is required to complete an additional scope of services required for Sections A and B. The additional work includes the removal of damaged fiber, removal and replacement of a concrete vault, replacement of a splice case, re -testing the fiber, installation of muletape, and contingency for repairs or clearing obstructions, if required. The damage was caused by a third party and the City will be seeking reimbursement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? When completed, the fiber optic will provide a secure data and communication link between the East and West Water Treatment Plants for controlling utility operations. Since the fiber is installed underground, it will be less susceptible to the impacts of storms and severe weather so communication will be maintained at all times between the Plants. FISCAL IMPACT. Budgeted Funding is available in the Utilities CIP account 404-5010-533-65-01, Project W TR136. ALTERNATIVES: Not approve the Change Order at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 268 of 960 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Addendum D Addendum REVIEWERS: Department Utilities Finance Legal City Manager Description Change Order No, 5 Change Order Proposal Reviewer Action Groff, Colin Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 12/9/2016 - 9:19 AM 12/12/2016 - 3:20 PPA 12/14/2016 - 9:15 AM 12/15/2016 - 10:29 AM Page 269 of 960 Change Order Boynton Beach Utilities Project : Fiber Optic Cabling — Raw Water Main Sections B & C Change Order No.: 5 To : Rohl Networks, LP Purchase Order No.: 130850 AdDays ditional 2875 Jupiter Park Drive, Suite 900 Amount Jupiter, FL 33458 Contract Date: 6/6/13 Project Manager: Christopher Roschek Reason for Change Order: Item Description of Work Quantity Units AdDays ditional Unit Price Amount 1 Increase Purchase Order #130850 by N/A N/A 0 N/A $31,613.00 Date: $31,613.00 for removal of damaged fiber, removal and replacement of a concrete vault, replacement of a splice case, re -testing the fiber, installation of muletape, and contingency for repairs or clearing obstructions, if required. The cost of this work is: 1 $31,613.00 The Contract Time will be increased by approximately (# of days) 2/28/17: 1 0 calendar days Original Purchase Order was: $ 178,248.79 Commission Approved Contingency: $ 16,998.00 Total Contingency Used to Date (including this Change Order): $ 16,998.00 Contingency Remaining: $0.00 Purchase Order amount prior to this Change Order: $276,313.56 New Purchase Order amount with Change Order No. 5: $307,926.56 Change Orders over $5,000 are NOT authorized until reviewed and approved by the City Manager. City of Boynton Beach City of Boynton Beach City of Boynton Beach Colin Groff Assistant City Manager -Public Services Tim Howard Assistant City Manager- Administrative Services Lori City Manager Manager Signature Signature Signature Date: I Date: I Date: Page 270 of 960 Change Order #5 for Boynton Beach Fiber Optic Cabling Project Fiber Optic Cabling (Section A) Item Amount Notes Remove and Replace Existing Concrete Vault 50' south at West Plant $ 2,500.00 Moved due to fiber being kinked by others Replace Existing Splice Case $ 1,663.00 Replaced Due to water tight seals being removed when fiber was damaged by others Re -Test Fiber at City's request $ 2,450.00 Due to damage noted above Total for Section A $ 6,613.00 Fiber Optic Cabling (Section B) Proof Approx. 10,000 feet of Conduit and place muletape in existing conduit Muletape was not installed during the @ $1.50 per foot (does NOT include repairs or clearing of any obstructions in $ 15,000.00 construction of Section B duct) City Contingency to clear or repair duct $ 10,000.00 Contingency to be used as needed Total for Section A $ 25,000.00 Total for Change Order #5 $ 31,613.00 Page 271 of 960 6. M. CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Motion to approve an increase in the amount of $17,000 to blanket purchase order #170432 for Boynton Chevron for a total of $40,500.00 for off-site fueling of City fleet. EXPLANATION OF REQUEST: Recently Fleet Maintenance installed a new fuel system. During the time of installation the pumps had to be shut off. Fleet users were sent to Boynton Chevron as an alternative fuel site. The installation took longer than expected resulting in an increase of anticipated off site fueling . In the next few weeks the fuel pumps will be replaced. Staff anticipates this to take approximately 4 days to complete. Fuel will not be available and users will be sent to Boynton Chevron. Currently Blanket P0#170432 is approved from the Fleet fund in the amount of $23,500. Staff is requesting to add $17,000.00 for a total of $40,500 in anticipation of shutting down the fuel pumps. In accordance with the City of Boynton Beach's procurement policy, purchases in excess of $25,000 require commission approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will allow fleet users the ability to fuel vehicles and perform their daily operations in the field. FISCAL IMPACT. Non -budgeted Funding is available in the Fleet Maintenance Budget, Acct.#501-2516-519- 5210. ALTERNATIVES: The alternative would be not to use an alternate fuel site for City vehicles and then we would not be able to perform our daily operations. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 272 of 960 Grant Amount: CONTRACTS VENDOR NAME: Boynton Chevron START DATE: END DATE: CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Addendum REVIEWERS: Department Reviewer Public Works Livergood, Jeffrey Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Blanket Purchase Order to Boynton Chevron Action Date Approved 12/9/2016 - 10:21 AM Approved 12/9/2016 - 4:44 PPA Approved 12/14/2016 - 11:00 AM Approved 12/15/2016 - 8:48 AM Page 273 of 960 6. N. CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Approve utilizing the State of Florida Contract number 43211500-WSCA-15-ACS with Dell Marketing LP of Round Rock, TX for the purchase of Dell desktop computer and monitors for various City departments for the amount of $29,998. EXPLANATION OF REQUEST: The I.T.S. department has engaged in a computer replacement program over numerous years, to provide our employees with computing technology adequate to run the software needed to perform their job functions. Maintenance on older equipment has proven to be extremely costly from a financial perspective. This purchase provides for the replacement of computers that are a minimum of 4 years and older, targeting the City's Dell OptiPlex computers. Our oldest computers are not necessarily replaced with the new computers; Users that require high-end computing power to perform their job functions will receive the newer systems. Their previous systems will be taken back to the I.T.S. department to be refreshed. Those previously used systems are given to users needing less -powerful systems than the new systems, but more efficient than their old systems. The cascading process of this PC replacement plan continues until we are eventually left with the oldest systems. The oldest systems are used for spare parts or are ultimately retired. This average costs of the computers being purchased is approximately $650.00, the cost per computer is such that staff believes it is appropriate to purchase the computers versus financing the purchase over time. The State of Florida contract complies with the City of Boynton Beach's competitive bid requirements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? We will be replacing out-of-date employee computer equipment that is marginally capable of running the city's current software products. Many enterprise applications such as GIS and Document Imaging require higher end PC's. The up-to-date PC's will increase efficiency in internal business operations by providing an appropriate hardware/ software combination. FISCAL IMPACT. Budgeted Funding was approved and is available for the City in the ITS Computer Equipment account for fiscal year 2016/17 under account number 001-1510-513.64-15 for the amount of $30,000. ALTERNATIVES: The City could issue its own bid but the pricing on the State of Florida contract is approximately $650 for computer and monitor. Staff does not believe that a City bid process would result in a substantially less cost per computer/monitor. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 275 of 960 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachment D Quotes REVIEWERS: Department ITS Finance Legal City Manager Description NASD - WSCAAgreement - Additional Info Dell W Master Agreement Dell Workstation Quote Reviewer Action McNally, John Approved Howard, Tim Approved Swanson, Lynn Approved LaVerriere, Lori Approved Date 12/1/2016 - 10:16 AM 12/8/2016 - 2:51 PKA 12/8/2016 - 3:49 PKA 12/12/2016 - 8:09 AM Page 276 of 960 >< Welcome to the Florida State Store NASPO ValuePoint 2015-2020 MASTER PRICE AGREEMENT FOR COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES The pricing in the state store listed below is reflective of NASPO VatuePoint. Contract# MNWNC- 108. Please i nctude the State Conti -act N um ber 43211 500--WSCA- 15 ACS and Contract Code WN08AGW on all Purchase orders. Additionat, information regarding the State of Florida: WSCA MASTER PRICE AGREEMENT FOR DATA COMMUNICATIONS (Networking) The Pricing in the state store Listed below is, reftective of VISCA I NASPO Contract .# AR(502. Please include the State Contract Number 4322000O-WSCA-14-ACS and Contract Code WNN3,OAG5 on all Purchase Orders. C I I I YYJ-ric 10 d C,P A I - Florida Participating Addendum - WSCA. Program Information - Approved lPrficing Sheets - Entef Nlet- ai king., Store 4 1-m,,l party vV,--,nan["1' Es -d, -,;dam", 4 To check order statues; click the "Custorner Service and Support" link above, or cakt, Customer Care based) on your customer type,: Higher Education = 800-274-7799 K-12 = 888-977-3355 State a Local Government = 800-981-3355 4 Dell E -rate SPIN #: 1 43 0043 40 Page 277 of 960 Computer Equipment, Peripherals &Services 43211500-W A- -A ; effective Period 0913 912 01 5 through 0313112017 Contract Type Alternate Contract Source Contract 74-2616805 Information How toUse lhisAiternateContract Source Title: Prnrtiucds Categories List Street Address; Contractors Priding Contract Forms and Other I ifonmtion Documents Amendments and laiemorwolU nts Ordering Information naster Agreemends Contact Name: Participating Addenclas Contract leremn Williams Administration One Dell Way, RR8 11 (859) 414-6740 Email Address: Jei,emy.Willllams@dms.myflcrida.com myflcrida.corn Commod4 :: UNSPSO-43211500, UNSPSC-4321150✓) UNSPSC-43211900 Codas 1-800-981-3355, ext 513-87G,4 Contact information Vendor: Dell Marketing LP FL Minority Business Designation:: A Noll Minority Vendor FEIN: 74-2616805 Contacts: Katherine Duna Title: Program Contract Manager Street Address; One Dell Way, RRt 33 Round Rock. TX 78382 Phone Number 512-723-0818 Email Address: katherine duna:Wcclell.com Ordering Information Contact Name: Andre Fuqua Tittle: Sales Representative Address: One Dell Way, RR8 11 Round Rock. TX 78682 Email Address: Ancire®Fuqua dell.c>crn Phone Number: 512-513-8704 Toll Free Number: 1-800-981-3355, ext 513-87G,4 Ordering Fax Numbers- 512-283-3884 Internet Address: Dell MarkeLinct Remit Address: Dell Marketing s .P C'n Dell USA L. -P. Atlanta, GA 301353-4118 Page 278 of 960 * STATE OF MINNESOTA Materials Management Division ����50� 112 Administration Building 50 Sherburne Avenue "••� St. Paul, MN 55155 DEPARTMENT OF ADMINISTRAT)ON Voice: 651.296.2600 Fax: 651.297.3996 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD WITH DELL MARKETING, L.P. FOR COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers and Storage including Related Peripherals & Services) To: Dell Marketing L. P. CONTRACT NO: MNWNC-108 One Dell Way $" Mailstop 8707 RiZ j— 33 Round Rock, TX 78682 ;�,Z0�®/sCONTRACT PERIOD: April 1, 2015, or upon final Contract Vendor Administrator: Diane executed signatures, Wigington whichever is later Email: Diane Wig inptonCo-l.dell.com THROUGH March 31, 2017 Phone -7(512) 728-4805 EXTENSION OPTION: UP TO 36 MONTHS You are hereby notified that your response to our solicitation, which opened January 31, 2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: 1. A Participating Entity's Participating Addendum ("PA") A Participating Entity's Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement.; 2. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions); 3. The Solicitation; and 4. the Contract Vendor's response to the Solicitation. These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. DELL MARKETING L. P. The Contractor certifies that the appropriate person(s) have executed this Agreement on behalf of the Contractor as required by a le articl bylaws, resp tions, or ord'nances. By: �d SteDhanie G. Miller rumen name iY v TiSe: Contract Mjai�nagerS /�m II)( Date: Ito f .IJrr/� tM T � V � ✓ _ By. - Title: Date: 2. MINNESOTA MATERIALS MANAGEMENT DIVISION In accordance with Minn. Stat. 16C 3, subd. 3. By: . Title: Master Mreement Administrator Date: 3. MINNESOTA COMMISSIONER OF ADMINISTRATION Or delegated representative. By: Date: Originalsigned MAR 0 3 2015 By Lucas J. Janneit CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 279 of 960 COMPUTER EQUIPMENT ..�� livnesn)w 2014-2019 DEPARTMENT OF AUMMI:STRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD TABLE OF CONTENTS TABLEOF CONTENTS........................................................ ................ ........................................... ..................................... 2 SUMMARY.......................................................................................................................................................................... 3 EXHIBITA - TERMS & CONDITIONS................................................................................................................................ 5 EXHIBITB - PRICING.......................................................................................................................................................24 EXHIBITB - PRICING SCHEDULE..................................................................................................................................26 EXHIBIT C - PRODUCT AND SERVICE SCHEDULE (PSS)...........................................................................................27 EXHIBITD - WEBSITE.. .........................................................................................:...............................-....................... 28 EXHIBIT E - ACTION REQUEST UPDATE FORM (ARF)................................................................................................29 EXHIBITF - REPORTING................................................................................................................................................. 31 EXHIBITG - DEFINITIONS .................................. ..... .................................. ..... .............................. ..... I............................. 32 2 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 280 of 960 COMPUTER EQUIPMENT 2014-2019 DEPARTMENT OF ADMMISTRArlON MINNESOTA WSCA-�NASPO MASTER AGREEMENT AWARD SUMMARY 1. BACKGROUND. The State of Minnesota, Department of Administration, Materials Management Division publicly posted a Request for Proposal on behalf of the State of Minnesota and WSCA-NASPO Cooperative Procurement Program ("WSCA-NASPO") resulting in a Master Agreement Award, After evaluation by a multi—state sourcing team the solicitation resulted in this Minnesota WSCA-NASPO Master Agreements with qualified manufacturers for: Computer Equipment (Desktops, Laptops, Tablets, Servers, and Storage including related Peripherals & Services. The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on the Master Agreement. The configuration limits and restrictions for this Master Agreement are provided below. Participating Entities may revise these in their Participating Addendum. Bands awarded are identified below: Band 1: Desktop Band 3: Tablet Band 5: Storage Band 2: Laptop Band 4: Server The original solicitation included Band 6: Ruggedized. This band has been removed and ruggedized equipment will be allowed in Bands 1-5. The original solicitation and responses may be found on the WSCA-NASPO Website. 2. EFFECTIVE DATE: The Master Agreement contract term will begin on April 1, 2015, or upon final executed signatures, whichever is later, through March 31, 2017 with the option to extend up to 36 months, upon agreement by both parties. Contract Sales may not begin until the Website, Product and Service Schedule and third party products have been approved by the Master Agreement Administrator. 3. PARTICIPATION. All authorized governmental entities in any State are welcome to use the: resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are able to sign Participating Addendums (PA) at the option of Participating States. Participating States reserve the right to:add State specific terms and conditions and modify the scope of the contract in their Participating Addendum as .allowed by the Master Agreement. 4. CONFIGURATION DOLLAR LIMITS. The following configuration limits apply to the Master Agreement. Participating States may define their configuration limits in their participating addendum. The Participating State's Chief Procurement Official may increase or decrease the configuration limits, as defined in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. The dollar limits identified below are based on a SINGLE computer configuration. This is NOT a restriction on the purchase of multiple configurations (e.g. an entity could purchase 10 laptops @ $10,000 for a total purchase price of $100,000). ' ITEM CONFIGURATION* Server $500,000 Storage $500,000 Desktops $ 10,000 Laptops $ 10,000 Tablets $ 5,000 Peripherals $ 5,000 Services Addressed by each State in participating addendum * Configuration is defined as the combination of hardware and software components that make up the total functioning system. Software purchases are considered a part of the configuration limit of the equipment. 3 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. R Page 281 of 960 5. RESTRICTIONS. The following restrictions apply to the Master Agreement. A Participating State may set further restrictions of products in their Participating Addendum. The. Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. a. Software 1. Software is restricted to operating systems and commercial off-the-shelf (COTS) software and is subject to equipment configuration limits. 2. Software is an option which must be related to. the procurement of equipment. 3. Software must be pre -loaded or provided as an electronic link with the initial purchase of equipment. 4. Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment (Band 4&5) purchased, is allowed and maybe procured after the initial purchase of equipment. b. Services 1. Services must be related to the procurement of equipment. 2. Service limits will be addressed by each State. 3. Wireless phone and internet service is not allowed. 4. Cloud Services including acquisitions structured as managed on-site services are not allowed. 5. Managed Print Services are not allowed. c. Third Party Products. 1. Contract Vendors can only offer Third Party Products in the bands they have been awarded. 2. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. d. Additional Product/Services 1. Hardware and software required to solely support wide area network (WAN) operation and management are not allowed. 2. Lease/Rentals of equipment may be allowed and will be addressed by each State. 3. Cellular Phone Equipment is not allowed. 4. EPEAT Bronze requirement may be waived, on a State case by case basis, if approved by the State's Chief Procurement Officer. S. PARTNER UTILIZATION: Each state represented by WSCA-NASPO that chooses to participate in this Master Agreement independently has the option of utilizing partners. Only partners approved by the Participating -State may be deployed. The participating State will define the process to add and remove partners in their participating addendum. CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 282 of 960 COMPUTER EQUIPMENT 2014-2019 DEPARTMENT OF ADM1NISTRAT)ON MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT A - TERMS & CONDITIONS MASTER AGREEMENT TERMS AND CONDITIONS A. GENERAL TERMS, CONDITIONS & INSTRUCTIONS 1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful responder will become Master Agreement contractual obligations, along with the final Master Agreement, if acquisition action ensues. A statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFP. must be included in the response. Any suggestions for alternate language shall be presented. The Lead State is under no obligation to accept wording changes submitted by the responder. The Lead State is solely responsible for rendering decisions in matters of interpretation on all terms and conditions. Any response which fails to comply with this requirement may be disqualified as nonresponsive. All general proposal terms, specifications and WSCA-NASPO Terms:&Conditions form apart of this RFP and will apply to any Master Agreements entered into as a result thereof. 2. CONFLICT OF TERMS/ORDER OF PRECEDENCE: a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms & Conditions) c. The Solicitation including all Addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priorityto these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception has been negotiated. 3. ADDENDA TO THE RFP. Any addendum issued will become a part of the RFP. The Lead State may modify or clarify the RFP by issuing one or -more addenda to all parties who have received the RFP. Each responder must follow the directions on the addendum. Addenda will be numbered consecutively in the order they are issued. 4. AWARD. The award of this solicitation will be based upon the total accumulated points as established in the RFP, for separate items, by grouping items, or by total lot, and where at its sole discretion the Lead State believes it will receive the best value. The Lead State reserves the right to award this solicitation to a single responder, or to multiple responders, whichever is in the best interest of the Lead State. it is the State's intent to award to multiple responders. The Lead State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re- issue the solicitation, whichever is in the best interest of the Lead State. The Sourcing Team will make a recommendation on the award of this RFP. The commissioner of Administration or designee may accept or reject the recommendation of the Sourcing Team. The final award decision will be made by the Commissioner of Administration and the WSCA-NASPO Management Board. 5. CLARIFICATION. If a responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the RFP, the responder shall immediately notify the Acquisition Management Specialist in writing, as CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 283 of 960 specified in the introduction, of such error and request modification or clarification of the document. This notification is due no later than seven calendar days prior to the proposal due date and time. Responders are cautioned that any activity or communication with a State employee or officer, or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may, as a result, have its response rejected. Any communication regarding this Solicitation, its content or process, must be directed to the Acquisition Management Specialist listed in the Solicitation documents. 6. COMPLETION OF RESPONSES. A response may be rejected if it is conditional or incomplete. Responses that contain conflicting, false, or misleading statements or that provide references that contradict or do not support an attribute or condition stated by the responder, may be rejected. 7. MASTER AGREEMENT ADMINISTRATOR. The Master Agreement Administrator designated by.WSCA-NASPO and the State of Minnesota, Department of Administration is: Susan Kahle. Direct all correspondence and inquiries, legal questions, general issues, or technical issues regarding this RFP to: Susan Kahle Acquisition Management Specialist Department of Administration Materials Management Division 50 Sherburne Avenue 112 Administration Building St. Paul, MN 55155 Fax: 651.297.3996 E-mail: susan.kahleostate.mn.us 8. DISPOSITION OF DATA SUBMITTED BY CONTRACT VENDOR. All materials submitted in response to this RFP will become property of the Lead State and will become public record after the evaluation process is completed. The evaluation process is complete when negotiations with the selected. vendors are final. By executing this Contract; the Contract Vendor certifies and agrees that all information provided in the Contract and in response to the solicitation will be made.public in accordance with the solicitation and that no information has been designated Trade Secret pursuant to the Minnesota Government Data Practices Act. If the Contract Vendor submits information after execution of this Contract. that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minn. Stat. § 13.37, the Contract Vendor must: a. clearly mark all trade secret materials at the time the information is submitted; b. include a statement with regard to the information justifying the trade secret designation for each item; and, c. defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the Lead State, its agents and employees, from any judgments awarded against the Lead State in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the Lead State's award of a Master Agreement. In submitting: a response to the RFP, the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the Lead State. The Lead State will not consider the prices submitted by the responder to be trade secret materials. 9. DISPUTE RESOLUTION PROCEDURES. Any issue a responder has with the RFP document, which includes, but is not limited to, the terms, conditions, and specifications, must be submitted in writing to and received by the Master Agreement Administrator prior to the opening due date and time. Any issue a responder has with the Master Agreement award must be submitted in writing to the Master Agreement Administrator within five working days from the time the notice of the intent to award is issued. This notice may be made by any of the following methods: notification by letter, fax or email, or posted on the Materials Management website, www.mmd.adrnin.state.mn.us. The Lead State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements, the appeal process is, in sequence: The responsible Master Agreement Administrator, the Materials Management Division (MMD) Assistant Director, and the MMD Director. 10. ELECTRONIC FILES TO DOWNLOAD, COMPLETE, AND RETURN. Responders must download a Word/Excel document. 11. ENTIRE AGREEMENT. A written Master Agreement (including the contents of this RFP and selected portions of Contract Vendor's response incorporated therein by reference) and any written addenda thereto constitute the entire agreement of the parties to the Master Agreement. CONTRACT NO. MNWNC-908 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 284 of 960 12. IRREVOCABLE OFFER. In accordance with this Request for Proposal, and subject to all conditions thereof, the undersigned agrees that its response to this RFP, or any part thereof, is an irrevocable offer for 180 days following the submission deadline date unless stated otherwise in the RFP. it is understood and agreed that the response, or any part.thereof, when accepted by the appropriate :department and State officials in writing, may become part of a legal and binding Master Agreement between the undersigned vendor and the State of Minnesota. 13. MATERIAL DEVIATION. A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the terms and conditions. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL. TERMS, CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS, ITS RESPONSE MAYBE REJECTED. A material deviation is an exception to the Request for Proposal general or WSCA-NASPO terms and conditions and/or specifications that: a. gives the responder taking the exception a competitive advantage over other vendors; or, b. gives the Lead State something significantly different from that which the Lead State requested. 14. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected. 15. NOTICES. If one party is required to give notice to the other under the Master Agreement, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which casea signed receipt shall be obtained. A facsimile transmission shall constitute sufficient. notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes. All notices to the. Lead State shall be addressed as follows: STATE OF MINNESOTA: MN WSCA-NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR 112 Administration Bldg. 50 Sherburne Avenue St. Paul, MN 55155 651-296-2600 CONTRACT No. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 285 of 960 MASTER AGREEMENT TERMS AND CONDITIONS B. WSCA-NASPO TERMS AND CONDITIONS 1. ADMINISTRATIVE FEES. The Contract Vendor shall pay a WSCA-NASPO Administrative Fee of one-tenth of one percent (0.1 % or 0.001) in accordance with the Terms and Conditions of the Master Agreement no later than 60 days following the end of each calendar quarter. The WSCA-NASPO Administrative Fee shall be submitted quarterly and is based on sales of products and services (less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. Additionally, some states may require an additional fee be paid directly to the state on purchases made by Purchasing Entities within that state. For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contract Vendor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state. All such agreements may not affect the WSCA-NASPO Administrative Fee or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. 2. AGREEMENT ORDER OF PRECEDENCE. The Master Agreement shall consist of the following documents: a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement (includes negotiated Terms and Conditions) c. The Solicitation including all addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary. Any conflict among these documents shall be resolved by giving priority to these documents in theorder listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expresslyaccepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibit or Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor, The solicitation language prevails unless a..rnutually agreed exception has been negotiated. 3. AMENDMENTS. The terms of this Master Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the WSCA-NASPO Master Agreement Administrator. 4. ASSIGNMENT OF ANTITRUST RIGHTS. Contract Vendor irrevocably assigns to:a Participating Entity any claim for relief or cause of action which the Contract Vendor now has orwhich .may accrue to the Contract Vendor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contract Vendor for the purpose of carrying out the Contract Vendor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. S. ASSIGNMENT/SUBCONTRACT. Contract Vendor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the WSCA-NASPO Master Agreement Administrator. 6. CANCELLATION. Unless otherwise stated in the terms and conditions, any Master Agreement may be canceled by either party upon 60 days' notice, in writing, prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation or in the applicable Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of a Participating Entity to indemnification by the Contract Vendor, rights of payment for goods/services delivered. and accepted, and rights attending any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contract Vendor default may be immediate if defaults cannot be reasonably cured as allowed per Default and Remedies term. 7. CONFIDENTIALITY NON -DISCLOSURE AND INJUNCTIVE RELIEF. NEGOTIATED. 7.1 Confidentiality. The parties acknowledges that they and their employees or agents may, in the course of providing the Product and Services under this Master Agreement, be exposed to or acquire information that is confidential . Any and all information of any form that is marked as confidential or would by its nature be deemed 8 CONTRACT NO. MNWNC-408 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 286 of 960 confidential obtained in the performance of this Master Agreement, including, but not necessarily limited to (a) any Participating Entity records, (b) personnel records, (c) information concerning individuals, (d) software, (e) product. plans, (f) marketing and sales information, (g) customer lists, and (h) "know-how," or trade secrets, is confidential information ("Confidential Information"). Any reports or other documents or items (including software) that result from the use of the Confidential Information shall be treated in the same manner as the Confidential Information. Confidential Information does not include information that (a) is or becomes (other than.by disclosure by disclosing party) publicly known; (b) is rightfully furnished by the disclosing party to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in recipient party's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than disclosing party without the obligation of confidentiality, (e) is disclosed with the written consent of disclosing party or; (f) is independently developed by employees, agents or subcontractor of the parties who can be shown to have had no access to the Confidential Information 7.2 Non -Disclosure. The parties shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. The parties shall use commercially reasonable efforts in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, parties shall advise each other immediately if they learn or have reason to believe that any person who has had access to:Confidential Information has violated or intends to violate the terms of this Master Agreement and shall at their expense cooperate in seeking injunctive or other equitable relief against any such person. Except as directed in writing , the parties will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement the parties shall turn over all documents, papers, and other matter in the recipient party's possession that embody Confidential Information.: Notwithstanding the foregoing, the recipient party may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement. 7.3 Irniunctive Relief. The parties acknowledge that breach of this Section, including disclosure of any Confidential Information, may cause irreparable injury that is inadequately compensable in damages. Accordingly, the injured party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. The parties acknowledge and agree that the covenants contained herein are necessary for the protection of the legitimate business interests and are reasonable in scope and content. 7.4 Participating Entity, is agreeing to the above language to the extent is not in conflict with Participating Entities public disclosure laws. 8. DEBARMENT. The Contract Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded from participation in this transaction (Master Agreement) by any governmental department or agency. If the Contract Vendor cannot certify this statement, attach a written explanation for review by WSCA-NASPO. In any order against this Master Agreement for a requirement established by a Purchasing Entity that discloses the use of federal funding, to the extent another form of certification is not required by a Participating Addendum or the order of the Purchasing Entity, the Contractor's quote represents a recertification consistent with the terms of paragraph 8, Section 2D, Minnesota Terms and.Conditions. DEFAULTS & REMEDIES. a. The occurrence of any of the following events shall be an event of default under this Master Agreement: i. Nonperformance of contractual requirements; or ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contract Vendor, :or the appointment of a receiver or similar officer for Contract Vendor or any of its property, which is not vacated or fully stayed within thirty (30) calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 30 calendar days in which Contract Vendor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 287 of 960 discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contract Vendor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. If Contract Vendor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contract Vendor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and ii Terminate this Master Agreement and any related Master Agreements or portions thereof; and iii Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contract Vendor from receiving future bid solicitations; and v. Suspend Contract Vendor's performance; and vi. Withhold payment until the default is remedied. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity shall provide written notice of default as described in this section and have all of the rights and remedies udder this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 10. DELIVERY. Unless otherwise indicated in the Master Agreement, the prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contract Vendor. Additional delivery charges will not be allowed for back orders. 11. FORCE MAJEURE. Neither panty to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The WSCA-NASPO Master Agreement Administrator may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement 12. GOVERNING LAW. This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against:the Master Agreements shall be governed: by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim, dispute or action concerning an order placed against the Master Agreements or the effect of a Participating Addendum shall be in the Purchasing Entity's State. 13. INDEMNIFICATION. DELETED SEE SECTION 2C17. 14. INDEMNIFICATION —INTELLECTUAL PROPERTY. DELETED SEE SECTION 2C17. 15. INDEPENDENT CONTRACT VENDOR. The Contract Vendor shall be an independent Contract Vendor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein. 16. INDIVIDUAL CUSTOMER. Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any costs allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities. The Contract Vendor will apply the charges and invoice each Purchasing Entity individually. 17. INSURANCE. Except to the extent modified by a Participating Addendum, Contract Vendor shall, during the term of this Master Agreement, maintain in full force and effect, the insurance described in this section. Contract Vendor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreement's termination or at a Participating Entity's option, result in termination of its Participating Addendum. 10 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 288 of 960 Coverage shall be written on an occurrence basis. The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: a. Commercial General Liability covering the risks of bodily injury (including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than $1 million per occurrence/$2 million general aggregate; b. Contract Vendor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contract Vendor shall pay.premiums on all insurance policies. Such policies shall also reference this. Master Agreement and shall have a condition that they not be revoked by the insurer until thirty (30) calendar days after notice of intended revocation thereof shall have been given to Participating Entity by the Contract Vendor. Prior to commencement of the work, Contract Vendor shall provide to the Participating Entity a written endorsement to the Contract Vendor's general liability insurance policy that (i) names the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non -renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty (30) days prior written notice,.and (iii) provides that the Contract Vendor's liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. Contract Vendor shall furnish to Participating Entity copies of certificates of all required insurance within thirty (30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty (30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at the Lead State Master Agreement Administrator's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contract Vendor's liability and obligations under this Master Agreement. 18. LAWS AND REGULATIONS. Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 19. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY. DELETED — SEE SECTION 21330 FOR REVISED -TERM ADDRESSING TITLE OF PRODUCT. 20. NO WAIVER OF SOVEREIGN IMMUNITY. The Lead State, Participating Entity or Purchasing Entity to the extent it applies does not waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract. If a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court of the Participating Entity's State, 21. ORDER NUMBERS. Contract order and purchase order numbers shall be clearly shown on all acknowledgments,. shipping labels (if possible), packing slips, invoices, and on all correspondence. 22. PARTICIPANTS. WSCA-NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the WSCA/NASPO cooperative purchasing program for state government departments, institutions, agencies and political subdivisions (e.g., colleges, school districts, counties, cities, etc.,) for all 50 states and the District of Columbia. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award will be permissive. 23. PARTICIPATION OF ENTITIES. Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities (including cooperatives) authorized by individual state's.statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official, 24. PAYMENT. Payment for completion of an order under this Master Agreement is normally made within 30 days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contract Vendor may assess overdue account charges up to a maximum rate of one percent per month 11 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 289 of 960 on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political subdivision "Purchasing Card" with no additional charge, 25. PUBLIC INFORMATION. The Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws. 26. RECORDS ADMINISTRATION AND AUDIT. The disclosure of records in Participating States relating to Participating addenda and orders: placed against the Master Agreement shall be governed by the laws of the Participating. State and entity who placed the order. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government (including its grant awarding entities and the U.S. Comptroller General), and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of five (5) years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later, to assure compliance with the terms hereof or to evaluate performance hereunder. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State,. Participating Entity, or Purchasing Entity for an overpayments inconsistent with the terms of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's records. The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self -audit contract obligations and that permits the Lead State Master Agreement Administrator to review compliance with those obligations. Records will be retained longer if required by Participating Entity's law. 27. REPORTS - SUMMARY AND DETAILED USAGE. In addition to other reports that may be required by this . solicitation, the Contract Vendor shall provide the following WSCA-NASPO reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to WSCA-NASPO using the WSCA-NASPO Quarterly Sales/Administrative Fee Reporting Tool found at http://www.naspo.or,q/WNCPO/Calculator.aspx. Any/all sales made under the contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required.. Reports shall be due no later than the last day of the month following the end of the calendar quarter (as specified in the reporting tool). b. Detailed Sales Data. Contract Vendor shall also report detailed sales data by: state; entity/customer type, e.g., local government, higher education, K12, non-profit; Purchasing Entity name; Purchasing Entity bill -to and ship -to locations; Purchasing Entity and Contract Vendor Purchase Order identifierinumber(s); Purchase Order Type (e.g., sales order, credit, return, upgrade, determined by industry practices); Purchase Order date; Ship Date; and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State no later than the last day of the month following the end of the reporting period. Reports shall be delivered to the Lead State and to the WSCA-NASPO Cooperative Development Team electronically through email; CD -Rom, jump drive or other electronic matter as determined by the Lead State. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The format for the detailed sales data report is in Section 6, Attachment H. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Specific data in relation to sales to employees for personal use to be defined in the final contract award to ensure only public information is reported. d. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO 12 CONTRACT No. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 290 of 960 shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. 28. ACCEPTANCE AND ACCEPTANCE TESTING. A. Acceptance. Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) shall determine whether all Products and Services delivered meet the Contractor's published specifications (a.k.a. "Specifications"). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the.Contractor within thirty (30) calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service, the Product and Services will be deemed accepted on the 315' day after delivery of Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. B. Acceptance Testing. The Purchasing Entity (the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) and the Contract Vendor shall determine if Acceptance Testing is applicable and/or required for the purchase. The terms in regards to acceptance testing will be negotiated, in writing, as mutually agreed. If Acceptance Testing is NOT applicable, the terms regarding Acceptance in the Contract shall prevail. 29. SYSTEM FAILURE OR DAMAGE. In the event of system failure or damage caused by the Contract Vendor or its Product, the Contract Vendor agrees to use its commercially reasonable efforts to restore or assist in restoring the system to operational capacity. The Contract Vendor shall be responsible under this provision to the extent a 'system' is defined at the time.of the Order; otherwise the rights of the Purchasing Entity shall be governed. by the Warranty. 30. TITLE OF PRODUCT. NEGOTIATED. OWNERSHIP Ownership of Documents/Copyright. Any reports, studies, photographs, negatives, databases, computer programs, or other documents, whether in tangible or electronic forms, prepared by the Contract Vendor in the performance of its obligations under the Master Agreement and paid for by the Purchasing Entity shall be the exclusive property of the Purchasing Entity and all such material shall be remitted to the Purchasing Entity by the Contract Vendor upon completion, termination or cancellation of the Master Agreement. The Contract Vendor shall not use, willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor's obligations under this Master Agreement without the prior written consent of the Purchasing Entity. Rights, Title and Interest. All rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trade marks, and service marks in the said documents that the Contract Vendor conceives or originates, either individually or jointly with others, which arises out of the performance of the Master Agreement, will be the property of the Purchasing Entity and are, by the Master.Agreement, assigned to the Purchasing Entity along with ownership of any and all copyrights in the copyrightable material. The Contract Vendor also agrees, upon the request of the Purchasing Entity, to execute all papers and perform all other acts necessary to assist the Purchasing Entity to obtain and register copyrights on such materials. Where applicable, works of authorship created by the Contract Vendor for the Purchasing Entity in performance of the Master Agreement shall be considered "works for hire" as defined in the U.S. Copyright Act. c. Notwithstanding the above, :the Purchasing Entity will not own, any of the Contract Vendor's pre-existing intellectual property that was created prior to the Master Agreement and which the Purchasing Entity did not pay the Contract Vendor to create. Subject to payment in full for the products, equipment or services, the Contract Vendor grants the Purchasing Entity a perpetual, irrevocable, non-exclusive, royalty free license for Contract Vendor's pre-existing intellectual property that is contained in the products, materials, equipment or services that are purchased through this Master Agreement. Contract Vendor will retain all right, title and interest in and to all Intellectual Property Rights in or related to the services, or tangible components thereof, including but not limited to (a) all know-how, intellectual property; methodologies, processes, technologies, algorithms, software or development tools used in performing the services, and (b) such ideas, concepts, know-how, processes and reusable reports, designs, charts, plans, specifications, documentation, forms, templates or output which are developed, created or otherwise used by or on behalf of Contract Vendor in the course of performing the services 13 CONTRACT NO. MNWNC-908 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT ]JELL MARKETING L. P. Page 291 of 960 or creating the deliverables, other than portions that specifically incorporate proprietary or Confidential Information or data of Ordering Entity (collectively, the "Residual IP"), even if embedded in the deliverable. 31. WAIVER OF BREACH. Failure of Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. Waiver by the Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, a Participating Addendum, or order. 32. WARRANTY. The warranty provided must be the manufacturers written warranty tied to the product at the time of purchase and must include the following:: (a) the Product performs according to the specifications (b) the Product is suitable for the ordinary purposes for which such Product is used, (c) the Product is designed and manufactured in a commercially reasonable manner, and (d) the Product is free of defects. For third party products sold by the Contract Vendor, the Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. Upon breach of the warranty, the Contract Vendor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contract Vendor. If the repaired and/or replaced Product proves to be inadequate, or fails of:Ets essential purpose, the Contract Vendor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this Warranty are in addition to any other rights and remedies of the parties provided by law or so ordered by the court. 33. LIMITATION OF. LIABILITY. NEGOTIATED. A. .CONTRACT VENDOR WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PRODUCTS, SOFTWARE OR SERVICES PROVIDED HEREUNDER. EXCEPT FOR YOUR BREACH OF PAYMENT OBLIGATIONS OR CONFIDENTIALITY REQUIREMENTS, NEITHER PARTY SHALL HAVE LIABILITY FOR THE FOLLOWING: (1) LOSS OF REVENUE, INCOME, PROFIT OR SAVINGS; (2) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF A SYSTEM OR NETWORK OR THE RECOVERY OF SUCH; (3) LOSS OF BUSINESS OPPORTUNITY; (4) BUSINESS INTERRUPTION OR DOWNTIME; OR (5) DELIVERABLES, DELL PRODUCTS OR THIRD -PARTY PRODUCTS NOT BEING AVAILABLE FOR USE. B. CONTRACT VENDOR'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND ALL PARTICIPATING ADDENDA SOURCED FROM THIS MASTER AGREEMENT (INCLUDING ANY PRODUCTS, SOFTWARE, OR SERVICES PROVIDED HEREUNDER) SHALL NOT EXCEED THE AGGREGATE AMOUNT OF TEN MILLION DOLLARS ($10,000,000). C. THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE. THE PARTIES AGREE THAT THESE LIMITATION OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR CONTRACT VENDOR'S SALE OF PRODUCTS, SOFTWARE OR SERVICES TO ORDERING ENTITY, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. 34. SERVICE AGREEMENTS. NEGOTIATED. Contract Vendor may provide Services, Software or Deliverables to you in accordance with one or more "Service Agreements." "Service Agreements" are service contracts, including "Service Descriptions" available at www.dell.com/servicec6ntracts/us, "Statements of Work," and any other such mutually agreed upon documents. Each Service Agreement will be interpreted as a single agreement, independent of any other Service Agreement, so that all of the provisions are given as full effect as possible. Any and all licensing, maintenance, or order specific agreements referenced within the terms and conditions of this Master agreement are agreed to only to the extent that the terms do not conflict with the terms of the Participating Addendum or the Master Agreement, and to the extent the terms are not in conflict with the Participating Entities' applicable laws. In the event of conflict the terms and conditions, the Participating Addendum, and then the Master Agreement shall take precedence, as detailed in the Order of Precedence defined herein. Notwithstanding the 14 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 292 of 960 foregoing, licensing, maintenance agreements, or order specific agreements may be further negotiated by the Contract Vendor and the potential Purchasing Entity, provided the contractual documents are duly executed in writing. 35. SOFTWARE LICENSE. NEGOTIATED. Software (defined as any software, library, utility, tool, or other computer or program code, in object (binary) or source -code form as well as the related documentation provided by Contract Vendor to Purchasing Entity) is subject to the separate. license agreements accompanying the Software, along with any product guides.,' operating manuals, or other documentation included with the software media packaging or presented to Purchasing Entity during the installation: or use of the Software. Purchasing Entity agrees that it will be bound by such license agreement. Any and all licensing, maintenance, or order specific agreements referenced within the terms and conditions of this Master agreement are agreed to only to the extent that the terms do not conflict with the terms of the Participating Addendum or the Master Agreement, and to the extent the terms.are not in conflict with the Participating Entities' applicable laws. In the event of conflict the terms and conditions, the Participating Addendum, and then the Master Agreement shall take precedence, as detailed in the Order of Precedence defined herein. Notwithstanding the foregoing, licensing, maintenance agreements, or order specific agreements may be further negotiated by the Contract Vendor and the potential Purchasing Entity, provided the contractual documents are duly executed in writing. 36. EXPORT COMPLIANCE. NEGOTIATED. Contract Vendor, Lead State and Purchasing Entities acknowledge that products (including software) sold or licensed under this Master Agreement are subject to the export control laws and regulations of the United States and other countries from which they were supplied and in which they are used and Purchasing Entity agrees to abide by those laws and regulations. Purchasing Entity warrants that any software provided by it and used as a part of the services supplied by Contract Vendor under this Master Agreement contains no encryption or to the extent that it contains encryption such software is approved for export under the relevant laws or regulations. 37. RETURNS AND EXCHANGES. NEGOTIATED. Contract Vendor's return policy can be found at www,dell.com/returnspolicy and applies to any returns and exchanges. Before returning or exchanging a Product, Purchasing Entity must contact Contract Vendor directly to obtain an authorization number to include with the return. Purchasing Entity must return Products to Contract Vendor in their original or equivalent packaging, and Purchasing Entity is responsible for risk of toss, as well as shipping and handling fees. Additional fees, including up to a 15% restocking fee, may apply. Restocking fees must be approved by the customer. If Purchasing Entity fails to follow the return or exchange instructions provided by Contract Vendor, Contract Vendor will not be responsible for any loss, damage, or modification of a Product, .or processing of a Product for disposal or resale. Credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing associated with the original purchase. This restocking. fee shall not apply in the case of Contract Vendor error. 15 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 293 of 960 MASTER AGREEMENT TERMS AND CONDITIONS C. MINNESOTA TERMS AND CONDITIONS 1. ACCEPTANCE OF PROPOSAL CONTENT. The contents of this RFP and selected portions of response of the successful Proposer will become contractual obligations, along with the final Master Agreement, if acquisition action ensues. The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms and conditions. 2. ACCESSIBILITY STANDARDS. The State of Minnesota has developed IT Accessibility Standards effective September 1, 2010, which entails, in part, the Web Content Accessibility Guidelines (WCAG) 2.0 (Level AA) and Section 508 Subparts A -D which can be viewed at http://www.mmd.admin.state.mn.us/pdf/accessibility standard. df Responders must complete the WCAG VPAT form included in the FORMS section of the RFP. The completed VPAT form will be scored based on its compliance with the Accessibility Standards. The requested WCAG VPAT applies to the responder's website to be offered under the Contract. For products offered, VPATS are only to be provided upon request by the participating entity. Upon request by the participating entity, the responder must make best efforts to provide Voluntary Product Accessibility Templates (VPATS) for all products offered in its response. Click here for link to VPATS for both Section 508 VPAT and WCAG 2.0 VPAT http://mn.goy/oet/policies-and-standards/accessibility/#. 3. ADMINISTRATIVE PERSONNEL CHANGES. The Contract Vendor must notify the Contract Administrator of changes in the Contract Vendor's key administrative personnel, in advance and in writing. Any employee of the Contract Vendor who, in the opinion of the State of Minnesota, is unacceptable, shall be removed from the project upon written notice to the Contract Vendor. In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist, the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee. 4. AMENDMENT(S). Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work. An approved Master Agreement amendment means one approved by the authorized signatories of the Contract Vendor and the Lead State as required bylaw. 5. AMERICANS WITH DISABILITIES ACT (ADA). DELETED. 6. AWARD OF RELATED CONTRACTS. In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master Agreement or any portion thereof, the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 7. AWARD OF SUCCESSOR CONTRACTS. In the event the State undertakes or awards a successor for work related to the Contract or any portion thereof, the current Contract Vendor shall cooperate fully during the transition with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION a. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions. Instructions for certification: 1. By signing and submitting this proposal, the prospective lower tier participant [responder] is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this . proposal [response] is submitted if at anytime the prospective lower tier participant learns that its certification is CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 294 of 960 was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages section of rules implementing Executive Order 12549. You may contact the person to which this proposal .is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction [subcontract equal to or exceeding $25,000] with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion — Lower Tier Covered Transaction," without modification, in ail lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it isnot proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended; ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from federal procurement and nonprocurement programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to:exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for: debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions. 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 9. CHANGE REQUESTS. The Lead State reserves the right to request, during the term of the Master Agreement, changes to the products offered. Products introduced during the term of the Master Agreement shall go through a formal review process. A formai process of changing the Master Agreement shall be developed during the negotiation of the Master Agreement. The Contract Vendor shall evaluate and recommend products for which agencies have an expressed need. The Lead State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Master Agreement as well as defining how adding the product will enhance the Master Agreement. The Lead State may request that products, other than those recommended, are added to the Master Agreement. In the event that the Lead State desires to add new products and services that are not included in the original Master Agreement, the Lead Staterequires that independent manufacturers and resellers cooperate with the already established Contract Vendor in order to meet the Lead State's requirements. Evidence of the need to add products or services should be demonstrated to the Lead State. The Master Agreement shall be modified via supplement or 17 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 295 of 960 amendment. The Lead State will negotiate the inclusion of the products and services with the Contract Vendor. No products or services will be added to the Master Agreement without the Lead State's prior approval. 10. CONFLICT MINERALS. Contract Vendor must provide information to the public on its website regarding the use of conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http: //www. sec. ov/rules/final/2012/34-67716. Pdf. 11. COPYRIGHTED MATERIAL WAIVER. The Lead State reserves the right to use, reproduce andpublish proposals in any manner necessary for State agencies and local units of government to access the responses and/or to respond to request for information pursuant to Minnesota Government Data Practices Act, , including but not limited to emailing, photocopying, State Intranet/Internet postings, broadcast faxing, and direct mailing. In the event that the response contains copyrighted or trademarked materials, it is the responder's responsibility to obtain permission for the Lead State to reproduce and publish the information, regardless of whether the responder is the manufacturer or reseller of the products listed in the materials. By signing its response, the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and hold the Lead State, its representatives and employees harmless from any and all claims arising from the violation of this section and .agrees to pay all legal fees incurred by the Lead State in the defense of any such action. 12. EFFECTIVE DATE. Pursuant to Minnesota law, the Master Agreement arising from this RFP shall be effective upon the date of final.execution by the Lead State, unless a later date is specified in the Master Agreement, 13. FOREIGN OUTSOURCING OF WORK. Upon request, the Contract Vendor is required to provide information regarding the location of where services, data storage and/or location of data processing under the Master Agreement will be performed. 14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota Government Data Practices. Act, Minn. Stat. Ch. 13, (and where applicable, if the Lead State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Courtas the same may be amended from time to time) as it.applies to all data provided by the Lead State to the Contract Vendor and all data provided to the Lead State. by the Contract Vendor. In addition, the Minnesota.Government Data Practices Act applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). In the event the Contract Vendor receives a request to release the data referred to in this article, the Contract Vendor must immediately notify the.Lead State. The Lead State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the Lead State. The Contract Vendor agrees to indemnify, save, and hold the State. of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master Agreement. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Master Agreement, the Contract Vendor shall retain responsibility under the terms of this article for such work. 15. HAZARDOUS SUBSTANCES. To the extent that the goods to be supplied by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents asset forth in applicable State and federal laws and regulations, the Contract Vendor must provide Material Safety Data Sheets regarding those substances. A copy must be included with each delivery. 16. HUMAN RIGHTS/AFFIRMATIVE ACTION. The Lead State requires affirmative action compliance by its Contract Vendors in accordance with. Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600. a. Covered contracts and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of $100,000 requires completion of the Affirmative Action Certification page. If the solicitation is fora contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds $100,000 whether it will be a multiple award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds $100,000 and the Contract Vendor employed more than 18 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 296 of 960 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn. Stat. § 363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. § 363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner) as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate Of compliance and contract consequences in that event. A contract awarded without a certificate of compliance may be voided. c. Minn, R. 5000.3400-5000.3600 implement Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a Contract Vendor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn. R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers. AFFIRMATIVE ACTION FOR DISABLED WORKERS (a) The Contract Vendor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contract Vendor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The Contract Vendor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (c) In the event of the Contract Vendor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. § 363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (d) The Contract Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contract Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees: (e) The Contract Vendor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contract Vendor is bound by the terms of Minn. Stat. § 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. e. Consequences. The consequences of a Contract Vendor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. 18 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 297 of 960 f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. § 363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification.or any modification of it. A copy of Minn. Stat. § 363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency. 17. INDEMNIFICATION. NEGOTIATED. The Contract Vendor shall indemnify; protect, save and hold harmless the Lead State and the Participating Entity, its representatives and employees, from any and all third party claims or causes of action for personal bodily injury, including death, and damage to tangible personal property, including all legal fees incurred by the Lead State and the Participating Entity arising from the negligence in the performance of the Master Agreement by the Contract Vendor or its agents, employees, or subcontractors. This clause shall not be construed .to bar any legal remedies the Contract Vendor may: have with the Lead State's and Participating Entity's failure to fulfill its obligations pursuant to the Master Agreement. If the Participating Entity's laws require approval of a third party to defend Participating Entity, Participating Entity will seek such approval and if approval is not received, Contract Vendor is not required to defend that Participating Entity, 18. INTELLECTUAL PROPERTY INDEMNIFICATION. NEGOTIATED In the event of any such claim by any third party against the Participating Entity that Products, Software, Services or Deliverables (excluding Third -Party Products and open. source software) prepared or produced by Dell and delivered pursuant to this Agreement infringe or misappropriate that third party's U.S. patent, copyright, trade secret, or other intellectual property rights ("Indemnified Claims"), the Participating Entity shall promptly notify the Contract Vendor. The Contract Vendor, at its own expense, shall indemnify; defend to the extent permitted by the Participating Entity's laws, and hold harmless the Participating Entity against any loss, cost, expense, or liability (including legal fees) arising out of such a claim, whether or not such claim is successful against the Participating Entity. If Contract Vendor receives prompt notice such a claim that in the Contract Vendor's opinion is likely to result in an adverse ruling, the Contract Vendor shall at its option (1) obtain a right for the Participating Entity to continue using such Products, Deliverables or Software or allow Contract Vendor to continue performing the Services; {2) modify such Products, Software, Services or Deliverables to make them non -infringing; (3) replace such Products, Software, Services or.Deliverables with a non -infringing equivalent; or (4) refund any pre -paid fees. for the allegedly infringing Services that have not been performed or provide a reasonable depreciated or pro rata refund for the allegedly infringing: Product, Deliverables or Software. Notwithstanding the foregoing, Contract Vendor shall have no obligation under this Section for any claim resulting or arising from (1) modifications of the Products, Software, Services Deliverables that were not performed by or on behalf of Contract Vendor;: (2) the combination, operation, or use of the Products; Software, Services or Deliverables in connection with a third -party product, software or service (the combination of which causes the claimed infringement); or (3) Contract Vendor's compliance with Participating Entity's written specifications or directions, including the incorporation of any software or other materials or processes provided by or requested by Participating Entity. Contract Vendor's duty to indemnify and defend under this Section is contingent upon: (x) Contract Vendor receiving prompt written notice of the third -party claim or action for which Contract Vendor must indemnify Participating Entity, (y) Contract Vendor having the right to solely control the defense and resolution of such claim or action, and (z) Participating Entity's cooperation with Contract Vendor in defending and resolving such claim or action. This Section states Participating Entity's exclusive remedies for any third -party intellectual property claim or action, and nothing in this Agreement or elsewhere will obligate Contract Vendor to provide any greater indemnity to Participating Entity. 19. JURISDICTION AND VENUE. This RFP and any ensuing Master Agreement, its amendments and supplements thereto, shall be governed by the laws of the State of Minnesota, USA. Venue for all legal proceedings arising out of the Master Agreement, or breach thereof, shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. By submitting a response to this Request for Proposal, a Responder voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of this RFP, any ensuing Master Agreement, or any breach thereof. 20. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. 21. NONVISUAL ACCESS STANDARDS. Pursuant to Minn. Stat. § 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards:. 20 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 298 of 960 a. That the effective interactive control and use of the technology, including the operating system applications programs, prompts, and format of the data presented, are readily achievable by nonvisual means; b. That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. 22. NOTICE TO RESPONDERS. Pursuant to Minn. Stat. § 270C.65, subd. 3, Contract Vendors are required to provide their Federal Employer Identification Number or Social Security Number. This information may be used in the enforcement of federal and State tax laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent tax liabilities. These numbers will be available to federal and State tax authorities and State personnel involved in the payment of State obligations. 23. ORGANIZATIONAL CONFLICTS OF INTEREST. The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An .organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons: • a Contract Vendor is unable or potentially unable to render impartial assistance or advice to the State; • the Contract Vendor's objectivity in performing the work is or might be otherwise impaired; or • the Contract Vendor has an unfair competitive advantage. The Contract Vendor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Master Agreement. In the event the Contract Vendor was aware of an organizational conflict of interest prior to the award of the Master Agreement and did not disclose the conflict to the Master Agreement Administrator, the State may terminate the Master Agreement for default. The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms "Contract,"" Contract Vendor," "Master Agreement", "Master Agreement Administrator" and "Contract Administrator" modified appropriately to preserve the State's rights. 24. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY. Contract Vendor assures all of its Network Components, Applications, Servers, and Subcontractors (if any) comply with the Payment Card Industry Data Security Standard ("PCIDSS" )..:. Network Components" shall include, but are not limited to, Contract Vendor's firewalls, switches, routers, wireless access points, network.appliances, and other security appliances; "Applications" shall include, but are not limited to, all purchased and custom external (web) applications. "Servers" shall include, but are not limited to, all of Contract Vendor's web, database, authentication, DNS, mail, proxy, and NTP servers. "Cardholder Data" shall mean any personally identifiable data associated with a cardholder; including, by way of example and without limitation, a cardholder's account number, expiration date, name, address, social security number, or telephone number. Subcontractors (if any) must be responsible for the security of all Cardholder Data in its possession; and will only use Cardholder Data for assisting cardholders in completing a transaction, providing fraud control services, or for other uses specifically required by law. Contract Vendor must have a business continuity program which conforms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to operations; will continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and ensure that a representative or agent of the payment card industry and a representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security 21 CONTRACT No. MNWNC-408 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 299 of 960 review of Contract Vendor's operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate compliance with PCIDSS. 25. PERFORMANCE WHILE: DISPUTE IS PENDING. Notwithstanding the existence of a dispute, the parties shall continue without delay to carry out all of their responsibilities under the Master Agreement that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under the Master Agreement, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 26. PREFERENCE. Targeted/Economicallypisadvantaged.ln accordance with Minn. Stat.: § 16C.16, subds. 6 and 7, eligible certified targeted group (TG) businesses and certified economically disadvantaged (ED) businesses will receive a 6 percent preference on the basis of award for this RFP. The preference is applied only to the first $500,000 of the response to the RFP. Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time. To verify TG/ED certification, refer to the. Materials Management Division's web site at www.mmd.admin.state.mn.usunder "Vendor Information, Directory of Certified TG/ED Vendors." To verify TG eligibility for preference, refer to the Materials Management Division's web site under "Vendor Information, Targeted Groups Eligible for Preference in State Purchasing" or call the Division's HelpLine at 651.296.2600: Reciprocal Preference. In accordance with Minn. Stat. §16C.06, subd 7, the acquisition of goods or services shall be allowed a preference over a non-resident vendor from a state that gives or requires a preference to vendors from that state, the preference shall be equal to the preference given or required by the state of the non-resident vendor. If you wish to be considered 'a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form included in this solicitation and include it in your response. Veteran. In accordance with Minn. Stat. § 16C.16, subd. 6a, (a) Except when mandated by the federal government as a condition of receiving federal funds, the commissioner shall award up to a six percent preference in the amount bid on state procurement to certified small businesses that are majority-owned and operated by: (1) recently separated veterans who have served in active military service, at anytime on or after September 11, 2001, and who have been discharged under honorable conditions from active service, as indicated by the person's United States Department of Defense form DD -214 or by the commissioner of veterans affairs; (2) .veterans with service -connected disabilities, as determined at anytime by the United.States Department of Veterans Affairs; or (3) any other veteran -owned small businesses certified under section 16C.19, paragraph (d). In accordance with Minn. Stat. § 16C.19 (d), a veteran -owned small business, the principal place of business of which is in Minnesota, is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran -owned small business or a service disabled veteran -owned small business, in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74. To receive a preference the veteran -owned small business must meet the statutory requirements above by the solicitation opening date and time. The preference is applied only to the first $500,000 of the response, If responder is claiming the veteran -owned preference, attach documentation, sign and return form with response to the solicitation. Only eligible veteran -owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference. 27. PUBLIC INFORMATION. Once the information contained in the responses is deemed public information, interested parties may request to obtain the public information. You may call 651.201,2413 between the hours of 8:00 a.m. to 4:30 p.m. to arrange this. 28. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the State's Authorized Representative and the State's Assistant Director or designee of Materials Management Division. The Contract Vendor shall make no representations of the State's opinion or position as to. the.quality or effectiveness of the products and/or services that are the subject of the Master Agreement without the prior written consent of the 22 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 300 of 960 State's Assistant Director or designee of Materials Management Division. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. 29. PURCHASE ORDERS. NEGOTIATED. The State requires that there will be no minimum order requirements or charges to process an individual purchase order. The Master Agreement number and the PO number must.appear on all documents (e.g., invoices, packing slips, etc.). The Ordering Entity's purchase order constitutes a binding contract. Unless otherwise expressly agreed between a Purchasing Entity and the Contract Vendor, any preprinted terms on the Purchasing Entity's purchase:order shall be given no force or effect and no terms of a purchase order that conflict with this Master Agreement or the Participating Addendum shall be binding on Contract Vendor. 30. RIGHTS RESERVED. Notwithstanding anything to the contrary, the State reserves the right to: a. reject any and all responses received; b. select, -for Master Agreements or for negotiations, a response other than that with the lowest cost; c. waive or modify any informalities, irregularities, or inconsistencies in the responses received; d. negotiate any aspect of the proposal with any responder and negotiate with more.than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable;: and f. terminate negotiations and select. the next response providing the best value for the State, prepare and release a new RFP; or take such other action as the State deems appropriate if negotiations fail to result in a successful Master Agreement. 31. RISK OF LOSS OR DAMAGE. The State is relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or their authorized agent. 32. SEVERABILITY. If any provision of the Master Agreement, including items incorporated by reference, is found to be illegal, unenforceable, or void, then. both the State and the Contract Vendor shall be relieved of all obligations arising under such provisions. If the remainder of the Master Agreement is capable of performance it shall not be affected by such declaration or finding and shall be fully performed. 33. STATE AUDITS (Minn. Stat. § 16C.05, subd. 5). The books, records, documents, and accounting procedures and practices of the Contract Vendor or other party, that are relevant to the Master Agreement or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Master Agreement or.transaction. The State reserves the right to authorize delegate(s) to audit this Master Agreement and transactions. 34. SURVIVABILITY. The following rights and duties of the State and responder will survive the expiration or cancellation of the resulting Master Agreements. These rights and duties include, but are not limited to paragraphs: Indemnification, Hold Harmless and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Publicity, Intellectual Property indemnification, and Admin Fees.. 35. TRADE SECRETICONFIDENTIAL INFORMATION. Any information submitted as Trade Secret must be identified and submitted per the Trade Secret Form and must meet Minnesota Trade Secret as defined in Minn. Stat. § 13.37 23 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 301 of 960 in�resQfa QEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 L rT MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING 1. BAND(S) AWARDED: Band 1: Desktop Band 2: Laptop Band 3: Tablet Band 4: Server Band 6: Storage. 2. PRICE STRUCTURE. The contract employs a MINIMUM discount -off baseline price list structure with category exceptions for each band. The category discounts may be higher or lower than the than the band discount. The minimum discount and categorized exceptions will be applied to all "quantity one" procurements. An end user will be able to verify pricing using the named base line price list and the minimum discounts with the categorized exceptions provided in the Master Agreement. 3. PRICE GUARANTEE. These discounts must remain firm, or the discount may be increased, during the term of the Master Agreement. 4. BASELINE PRICE LIST. The Base Line Price is designated in the Pricing Discount Schedule. The Base Line Price List. must be accessible and verifiable by potential end users preferably on the Contract Vendor Website. All historic versions of the Baseline Price List must be made available upon request pursuant to the audit provisions. 5. PRODUCT AND SERVICE SCHEDULE (PSS). The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. 6. CHANGES TO THE PSS. Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 7. BULKIVOLUME PRICING. Further bulk/quantity savings may be obtained:when additional quantities are requested. Additional savings are expected when competing awarded vendors for volume pricing. 8. PROMOTIONAL OFFERS. Contract Vendors may provide promotions for deeply discounted products based on their inventory and sales. The Contract Vendors will be responsible to market these offers. 9. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors participating in the Premium Savings Package (PSP) Program will commit to the standard configurations. The standards currently are refreshed every six -months (May and November)..Refresh schedule is subject to change. See current configurations: http://www.wnpsp.com/index.html. States and other Participating Entities can choose to purchase these packages without any signing additional documents. 10. TRADE-IN. Trade -In Programs are the option of the Participating Entity, The Participating Addendum by each State may address the allowance of Trade -Ins. 11. SERVICES. Services are at the option of the Participating Entity. The Participating Addendum by each State may address service agreement terms and related travel. 24 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 302 of 960 12. LEASING. The Discount schedule will indicate if the Contract Vendor provides leasing. Participating Entities may enter in to lease agreements if they have the legal authority to enter into these types of agreements. The Participating Addendum by each State will identify if and how leasing agreement terms will be conducted. 13. FREIGHT: All prices shall be FOB Destination, prepaid and allowed (with freight included in the price), to the address, receiving dock or warehouse as specified on the ordering agency's purchase order, In those situations in which the "deliver -to" address has no receiving dock or agents, the Contract Vendor must be able to deliver to the person specified on the PO without additional cost.. If there is a special case where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance in order for the customer to determine if -the additional cost will affect the decision to utilize the Contract Vendor.. 14. DELIVERY. Delivery of ordered product should be completed within thirty (30) calendar days after receipt of an order, unless otherwise agreed to by the ordering agency. 25 CONTRACT NO. MNWNC-106 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 303 of 960 -� COMPUTER EQUIPMENT IReSQ�� 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING SCHEDULE- 26 CONTRACT NO. MNWNC-106 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 304 of 960 4i!t70S8)t8 DEPARTMENT OF ADMINISTRATION A'. COMPUTER EQUIPMENT ... 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT C -PRODUCT AND SERVICE SCHEDULE (PSS)- .. MAINTAINING THE PSS. The Product and Service Schedule (PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the WSCA-NASPO Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. The Contract Vendor will work to develop. a PSS satisfactory to the Lead State prior to the start of sales and containing the following information: a. Band number b. Part # - SKU # c. Manufacturer d. Description e. Minimum Discount f. Category Code (This code will be refined during the approval process) g. Other fields approved by the Lead State 2. CHANGES TO THE PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products willbe removed. 3. FORMAT: The format for the final product and service schedule will be approved within 30 days of contract award. Suggested format is provided below: MANUFACTURER NAME BASELINE PRICE LIST: LINK: DATE: BAND Part # - SKU# MANUFACTURER DESCRIPTION MINIMUM DISCOUNT CATEGORY CODE 1 XYZ ABC DESKTOP 60% 1M 2 550 ZZZZZZZ LAPTOP CART 10% 2TM 3 123A ABC SUPER TABLET 25% 3A 4. THIRD PARTY PRODUCTS: A list of third party products is to be submitted to the Lead State. Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Agreement restrictions of third party products include: a. Contract Vendors can only offer Third Party Products in the bands they have been awarded. b. Contract'Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. c. The Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. d. Any additions to the Third Party Product list must be submitted utilizing the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved. 27 CONTRACT No. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 305 of 960 IiIHIHOSHM DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT D - WEBSITE 1. IMPLEMENTATION. Within 30 calendar days of Master Agreement award, the Contract Vendor must provide a sample URL of the Master Agreement webpage to the Lead State for review and approval. The Lead State will review and determine acceptability of the website format and data. If the information is determined to be unacceptable or incorrect, the Contract Vendor will have 15 calendar days to provide revisions to the Lead State. Once the website is approved,.the Contract Vendor may not make material changes to the website without notifying the Lead State and receiving written approval of the changes utilizing the Action Request Form. The Contract Vendor must continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure websites are updated and Contract Vendors will be expected to correct deficiencies. 2. WEBSITE CONTENT. The website must be separate from the Contract Vendor's commercially available (i.e., public) on-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below. The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above. a. Baseline Price List and historic versions b. Approved Product and Service Schedule (PSS) c. Product specifications, pricing, and configuration aids for the major product categories proposed that can be used to obtain an on-line quote d. Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved e. Link to the WSCA-NASPO EmarketCenter f. online ordering capability with the ability to remember multiple ship to locations if applicable to product g. Contact information for order placement, service concerns (warranty and maintenance), problem reporting, and billing concerns In. Sales representatives for participating entities is Purchase order tracking j. Available Twenty-four (24) hours per day, seven (7) days per week availability, except for regularly scheduled maintenance k. Additional Terms may riot be posted on the Website without written approval of the Lead State I. Link to the WSCA-NASPO EmarketCenter if a State is participating m. Information on accessibility and accessible products n. If participating in Premium Savings Package Program, lead with these products and display prominently on the website o. Links to environmental certification, including but not limited to take-back/recycling programs, p. Information regarding the use of Conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http:llwww.sec.govlruies/final/2012/34-67716.pdf q. Service options, service agreements for negotiations when allowed by a participating addendum r. EPEAT, Energy Star, etc. s. Link to Signed Participating Addendums t. Link to Signed Master Agreement u. Link to solicitation and Response 3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites, on-line offering systems and Electronic Catalog functions supported and/or available as part of the Master Agreement will cease and be removed from public viewing access without redirecting to another website. 28 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 306 of 960 4h7TffS8)td,8? DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014 -2019 - MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E - ACTION REQUEST UPDATE FORM (ARF) The Action Request Form (ARF) provided in this document must be utilized by the Contract Vendor to provide quarterly updates of PSS and to make requests. The Action Request Forms may be reviewed quarterly by the Lead State. DATE: ATTN: WSCA-NASPO Master Agreement Administrator RE: Master Agreement # with (Contract Vendor) Dear WSCA-NASPO Master Agreement Administrator: (Contract Vendor) is providing the following update and/or requesting the action noted below Action Requested: Action Log: Verify Log is attached SELECT ACTION BELOW AND PROVIDE REQUIRED INFORMATION: _Update of Product & Service Schedule Provide summary of additions, deletions and pricing changes. NOTE: THIS WILL BE A NOTIFICATION OF CHANGES TO THE PSS, APPROVAL WILL NOT BE NEEDED _Quarterly Self Audit Check this box to verify the Quarterly Self Audit has been completed _Third Party Product Addition ^Marketing Approval Material Website Change Miscellaneous Inquiry Provide warranty Guarantee Attach Materials for review Describe and provide link for review Provide detail (e.g. key contact change, etc.) The Contract Vendor certifies Products and Services provided meet the terms and conditions of the Master Agreement and understands they may be audited for. compliance. Additional information may be requested upon submission. The Lead State may remove previously approved items throughout the life of the Master Agreement if in the best interest at its sole discretion. Contract Vendor: Name of Requester: Title of Requester: 29 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 307 of 960 li!RRSO)b DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT A.. 2014-2019 MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E - ACTION REQUEST FORM (ARF) ACTION REQUEST FORM LOG Submit updated Action Log with each.update. Log must provide history of previous update. CONTRACT VENDOR: Contact Name and Email (for questions): DATE: DATE ACTION REQUESTED: DATE SUBMITTED APPROVED 30 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 308 of 960 i11 eSto DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 A'. MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT F - REPORTING 1. OWNERSHIP: Recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify; copy, and otherwise use reports, data and information provided. 2. DUE DATE: Reports shall be due no later than the last day of the month following the end of the calendar quarter. 3. REQUIRED REPORTS: FROM : TO DUE ; Q1 January 1 March 31 Aril 30 Q2 Aril 1 June 30 July 31 03 July 1 September 30 October 31 Q4 October 1 December 31 January 31 3. REQUIRED REPORTS: 31 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTEREQUIPMENT DELL MARKETING L. P Page 309 of 960 Report Name Submitted to Purpose & Submittal 1 WSCA-NASPO Administrative Fee WSCA- Identify total sales and administrative fee due to WSCA- NASPO NASPO 1) Go to: http://www,naspo.orgANNCPO/Calculator.aspx 2) Complete all contract report information fields 3) Enter total sales per State or Select "no sales for quarter" checkbox 4) Click on Submit button 2 WSCA-NASPO Detailed Sales WSCA- Detailed sales data by line item. Currently via an Excel Report NASPO template. Future MAY involve a portal. No modifications may be made by the Contract Vendor to the template. This report may also fulfill the reporting requirements of self audits, premium savings.sales, and Bring Your Own Device Employee Sales. 3 Participating States Participating Contract Vendor may utilize the detailed sales report to report State to individual States unless otherwise directed by the State. States may require additional reporting. 4 Participating Addendum Status WSCA- Provides status of Participating Addendums. Excel Template NASPO to be provided by WSCA-NASPO. 5 Premium Saving Package (PSP) PSP Lead Additional reporting may be requested. 6 Quarterly Updates of PSS and Self Lead State Utilize the Action Request Form (ARF) Audit 31 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTEREQUIPMENT DELL MARKETING L. P Page 309 of 960 'rte` innnsnts DEPARTMENT OF ADMINISTRATION COMPUTER EQUIPMENT 2014-2019 *1, MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT G - DEFINITIONS Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing. Accessory. Accessories do not extend the functionality of the computer, but enhances the user experience i.e., mouse pad, monitor stand. For the purposes of this proposal, accessories are considered peripherals. Bands: For the purpose of this solicitation, there are six product bands which may be awarded. Each product band includes related peripherals and services. Responders must only respond to Bands in which they manufacture the defined product. Responder may receive an award in one or more bands for which they manufacture a product based on the evaluation. BAND 1: DESKTOP. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 2) display monitor and 3) input devices usually a keyboard and a mouse. All operating systems for tablets are allowed. Zero Clients, Thin clients, all in ones and workstations will also be included under desktops. Ruggedized equipment may also be included in the Product and Service schedule for this band. BAND 2: LAPTOP. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery. All operating systems for tablets are allowed. Laptops will include notebooks, ultrabook, mobile thin clients, chromebooks and netbooks. Computers with mobile operating systems will also be included under laptops. Tablets that have the option to be utilized with a keyboard can be sold in this band. Ruggedized equipment may also be included in the.Product and Service Schedule for this band. BAND 3: TABLET. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Product:and Service Schedule for this band. BAND 4: SERVER. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 5: STORAGE. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band: BAND 6 REMOVED. RUGGEDIZED EQUIPMENT MAY BE SOLD IN BANDS 1-5, PROVIDED IT MEETS BAND REQUIREMENTS. Cloud Services. Delivery of computing as a service rather than a product, whereby shared resources, software and information are provided to computers and other devices:as a utility over a network, such as the Internet. (Cloud Services including acquisitions structured as managed on-site services are not allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement. The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes: of this RFP, the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract. Participating States will have final determination/approval if a Partner may be approved for that state in the role identified by the Contract Vendor. Components. Parts that make up a computer configuration. Configuration. The combination of hardware and software components that make up the total functioning system. Desktop. This is Band 1 of this solicitation. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 32 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 310 of 960 2) display monitor and 3) input devices usually a keyboard and a mouse. Desktop virtualization endpoints such as zero and thin clients will also be included under the Desktop Band. Energy Star®. A voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency. The Energy Star program makes identification of energy efficient computers easy by labeling products that deliver the same or better performance as comparable models while using less energy and saving money. Energy Star qualified computers and monitors automatically power down to 15 watts or less when not in use and may actually last longer than conventional products because they spend a large portion of time in a low-power sleep mode. For additional information on the Energy Star program, including product specifications and a list ofqualifying: products, visit the Energy Star website at htt ://ww.w,ener star. ov. EPEAT. A system for identifying more environmentally preferable computer desktops, laptops, and monitors. It includes an ANSI standard - the IEEE 1680 EPEAT standard — and website www,epeat.net to identify products manufacturers have declared as meeting the standard. EPEAT provides a clear and consistent set of performance criteria for the design of products. It is not a third -party certification program. Instead, Manufacturers self -certify that their products are in conformance with the environmental performance standard for electronic products. FOB Destination. Shipping charges are included in the price of the item and the shipped item becomes the legal property and responsibility of the receiver when it reaches its destination unless there is acceptance testing required. FOB Inside Delivery. Special Shipping arrangements, such as inside delivery, may include additional fees payable by the Purchasing Entity. Any FOB inside delivery must be annotated on the Purchasing Entity ordering document. General Consulting. Services related to advising agencies on how best to use information technology to meet business objectives. Examples of such services would include management and administration of IT systems. Each State will have varying laws, rules, policies and procedures surrounding general consulting which need adherence. Minnesota Statute section 16C.08 defines general consulting for the State of Minnesota. https://www.revisor,mn.gov/statutes/?id=16C.08 Laptop. This is Band 2 of this solicitation. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit. A laptop can be used away from an outlet using a rechargeable battery, Laptop Band may include notebooks, ultrabooks, and netbooks. Computers with mobile operating systems will also be included under the Laptop Band. Lead State. The State conducting this cooperative solicitation and centrally administering any resulting Master Agreement with the permission of the Signatory States. Minnesota is the Lead State for this procurement and the laws of Minnesota Statute Chapter 16C apply to this procurement. Manufacturer. A company that, as one of its primary business function, designs, assembles owns the trademark/patent and markets branded computer equipment. Master Agreement. The underlying agreement executed by and between the Lead State and the Contract Vendor. Middleware. Middleware is the software "glue". that helps programs and databases (which may be on different computers) work together. Its most basic function is to enable communication between different pieces of software. Options. An item of equipment or a feature that may be chosen as an addition to or replacement for standard equipment and features. Order. A purchase order, sales. order, or other document used by a Purchasing Entity to order the Equipment. Participating Addendum. A written statement of agreement signed by the Contract Vendor and a Participating State or other Participating Entity that clarifies the operation of this Master Agreement for the Participating Entity (e.g., ordering procedures specific to a Participating State) and may add other state -specific language or other requirements. A Participating Addendum evidences the Participant's willingness to purchase and the Contract Vendor's willingness to provide equipment under the terms and conditions of this Master Agreement with any and all exceptions noted and agreed upon. Participating States. States that utilize the Master Agreement established by the RFP and enter into a Participating Addendum which further defines their participation. Participating Entity. A Participating State, or other legal entity, properly authorized by a Participating State to enter into the Master Agreement through a Participating Addendum and that authorizes orders from the Master Agreement by Purchasing Entities. Under the WSCA-NASPO program, in some cases, local governments, political subdivisions or other entities in a State may be authorized by the chief procurement official to execute its own Participating Addendum where a Participating Addendum is not executed by the chief procurement official for that state that covers local governments, political subdivisions, or other government entities in the state. Partner. A company, authorized by the Contract Vendor and approved by the Participating State, to provide marketing, support, or other authorized contract services on behalf of the Contract Vendor in accordance with the terms and conditions of the Contract Vendor's Master Agreement. In the RFP, Partner is the term that is used to call out the many different relationships a manufacturer may have with another company to market their.product including, but not limited to agents, subcontractors, partners, fulfillment partners, channel partners, business partners, servicing subcontractor, etc. Peripherals. A peripheral means any hardware product that can be attached to, added within or networked with personal computers, servers and storage. Peripherals extend the functionality of a computer without modifying the core components of the system. For the purposes of this proposal, peripherals are defined as including accessories. Peripherals may be manufactured by a third party, however, Contract Vendor shall not offer any peripherals manufactured by another Contract Vendor holding a Master Agreement. The Contract Vendors shall provide the warranty service and 33 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT HELL MARKETING L. P. Page 311 of 960 maintenance for all peripherals on the Master Agreement. Examples of peripheralslaccessoriesloptions Include but are not limited to: printers, monitors, multifunction printers, audiovisual equipment, instructional equipment, cabling, modems, networking to support server, storage and client applications such as routers, switches. Software is an option which must be related to the purchase of equipment and subject to configuration limits. Third party products are allowed to be offered as peripheralslaccessoriestoptions and may be offered in any related band. Per Transaction Multiple Unit Discount. A contractual volume discount based. on dollars in a single purchase order or combination of purchase orders submitted at one time by a Participating Entity or multiple entities conducting a cooperative purchase. Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities using the Master Agreement. This specification includes a commitment to maintain and upgrade (keep pace with the advance of technology) the standard configurations for a stated period of time or intervals. WSCA-NASPO reserves the right to expand and modify the PSP throughout the life of the contract. See http://www.wnpsp.com/index.html. Purchasing Entity — means a state, city, county; district, other political subdivision of a State, and a nonprofit organization under the laws of some states if authorized by a Participating Addendum, that issues an order against the Master Agreement and becomes financially committed to the purchase. Ruggedized. This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably in harsh usage environments and conditions, such as strong vibrations, extreme temperatures and wet or dusty conditions. Services. Broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de -installation, factory integration (software or equipment components), asset management, recycling/disposal, training and certification, pre -implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. Contract Vendors may offer, but participating States and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES. Server. This is Band 4 of this solicitation. A server is a physical computer dedicated to run one or more services or applications (as a host) to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade.chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage. This is Band 5 of this solicitation. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band. Storage Area Network. A storage area network (SAN) is a high-speed special-purpose network (or subnetwork) that interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users. Storage as a Service (STaaS). An architecture model by which a provider. allows a customer to rent or lease storage space on the provider's hardware infrastructure on a subscription basis: E.g., manage onsite or cloud services. Software. For the purposes of this proposal, software is commercial operating off the shelf machine-readable object code instructions including microcode, firmware and operating system software that are preloaded on equipment. The term "Software" applies to all parts of software and documentation, including new releases, updates, and modifications of software. Tablet. This is Band 3 of this solicitation. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. Tablet band may include notebooks, ultrabooks, and netbooks that are touchscreen capable. Takeback Program. The Contract Vendor's process for accepting the return of the equipment or other products at the end of life. Third Party Products. Products sold by the Contract Vendor which are manufactured by another company. Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version. Warranty. The Manufacturers general warranty tied to the product at the time of purchase. Wide Area Network or WAN. A data network that serves users across a broad geographic area and often uses transmission devices provided by common carriers. WSCA-NASPO. The WSCA-NASPO cooperative purchasing program, facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a 501(c)(3) limited liability company that is a subsidiary organization of the National Association of State Procurement Officials (NASPO). The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.) for all states and the District of Columbia. The WSCA-NASPO Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be performing contract administration functions as assigned by the Lead State Contract Administrator. 34 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L. P. Page 312 of 960 Sales rep: Charlene Vela I C.?jjeite number: 3000002601262. 1 0 Here's the quote you requested! Total:$29998 Please review your quote details below, then contact your sales rep when you're ready to place your order. You can also Order this quote easily online through your Premier page, or if you do not have Premier, using Quote to Order Quote number: 3000002601262.1 Company name: CITY OF BOYNTON BEACH Sales rep information: Charlene Vela Charlene—Veta@Dell.com (800)456-3355 Ext: 5139886 Pricing Summary Item OptiPlex 3040 SFF Dell 23 Monitor - E2316H Dell Adapter - DisplayPort to VGA Quote date: Quote expiration: Nov. 15, 2016 Dec. 15, 2016 Customer number: Phone: 861622 (561)742-6070 Billing Information: CITY OF BOYNTON BEACH P 0 BOX 310 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33425-0310 US (561)742-6070 Qty Unit price Subtotal 48 $529 $25392 32 $119 $3808 38 $21 $798 Page 1 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Page 313 of 960 Sales rep: Charlene Vela I (.?jjcite number: 3000002601262. 1 Subtotal: $2999? Shipping: $1, Environmental Fees: $1, Estimated Tax: $1, Q 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Page 314 of 960 Shipping Contact: Shipping phone: RECEIVING DEPT (561) 742-6872 OptiPlex 3040 SFF Sales rep: Charlene Vela I C.?jjeite number: 31100002601262. 1 Shipping via: Shipping Address: Lowest Cost 100 E BOYNTON BEACH BLVD ITS DEPT BOYNTON BEACH FL 33435-3838 US Estimated Delivery Date: Nov. 22, 2016 Qty Unit Price Subtotal Page 3 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, rx 78682. Page 315 of 960 Contract Code: WN08AGW 338-BHUF Intel Core i5-6500 Processor (Quad Core, 6MB, 4T, 48 3.2GHz, 65W) 412-AAGQ Small Form Factor Processor Heatsink 65 Watt 48 619-AIKN Windows 7 Pro English, French, Spanish 64bit (Includes 48 Windows 10 Pro License) 658-BCSB Microsoft (R)Office 30 Day Trial 48 370-ACLY 8GB (1x8GB) 1600MHz DDR3L Memory 48 400-AANO 3.5 inch 50OGB 7200rpm Hard Disk Drive 48 490-BBFG Intel Integrated Graphics, Dell OptiPlex 48 325-BBRJ DVD+/ -RW Bezel, Small Form Factor 48 429-AAJV Tray load DVD Drive (Reads and Writes to DVD/CD) 48 632-BBBJ CMS Software not included 48 620-AAYW Windows 10 Pro OS Recovery 64bit - DVD 48 580-ADJC Dell KB216 Wired Multi -Media Keyboard English Black 48 275-BBBW Dell MS116 Wired Mouse, Black 48 634 -BENZ No DDP I ESS Software 48 954-3465 No DDPE Encryption Software 48 385-BBCR No Media Card Reader 48 555-BBFO No Wireless 48 555-BBFO No Wireless 48 321-BBXP OptiPlex 3040 SFF with 180W Standard Power Supply 48 (APFC) 631-AAWD non-vPro MOD Consumer - Manageability 48 340-ADEP Waves Maxx Audio 48 422-0008 Dell Data Protection System Tools Digital Delivery/DT 48 640-BBDF Adobe Reader 11 48 640-BBEV Dell Data Protection I Protected Workspace 48 640-BBLW Dell(TM) Digital Delivery Cirrus Client 48 658-BBMR Dell Client System Update (Updates latest Dell 48 Recommended BIOS, Drivers, Firmware and Apps),Opti Plex 658-BBVM MY DELL 48 Page 3 © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, rx 78682. Page 315 of 960 Sales rep: Charlene Vela I C.?jjeite number: 31100002601262. 1 658-BCUV Dell Developed Recovery Environment 48 387-BBCG No ESTAR 48 998-BSQC Fixed Hardware Configuration 48 210-AFWI OptiPlex 3040 Small Form Factor BTX 48 450-AAOJ System Power Cord (Philipine/TH/US) 48 340-AGIK Safety/ Environment and Regulatory Guide 48 (English/French/Dutch) 389-BDQH Print on Demand Label 48 340-ARRM Shipping Material for System, Small Form Factor, DAO 48 389-BBUU Shipping Label for DAO 48 389-BHIB Intel(R) Core(TM) i5 Label 48 800-BBIP Desktop BTS/BTP Shipment 48 340-ABJI No Diagnostic/ Recovery CD media 48 340-ABKW No Quick Reference Guide 48 551-BBBJ No Intel Responsive 48 389-BIHJ Reg Label, SFF, MEX,STD 48 329-BBJL TPM Enabled 48 461-AABF No CompuTrace 48 332-1286 US Order 48 817-BBBC Not Selected in this Configuration 48 470-AAJL NO ADAPTER 48 803-8583 Dell Limited Hardware Warranty Plus Service 48 803-8590 Onsite Service After Remote Diagnosis 3 Years 48 480-AAJX Display Not Included 48 Dell 23 Monitor ® E2316H Estimated Delivery Date: Dec. 6 - Dec. 14, 2016 859-BBDZ Dell 23 Monitor E2316H, ShpW Dell Adapter - DisplayPort to VGA Estimated Delivery Date: Nov. 21 - Nov. 23, 2016 470-AANJ Dell Adapter - DisplayPort to VGA 32 38 Page © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. M-Ir-mI E'er M-Ir-mI Page 316 of 960 Sales rep: Charlene Vela I (.?jjcite number: 3000002601262. 1 Subtotal: Shipping: Page 5 Q 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Rondec TX 78682. Page 317 of 960 Sales rep: Charlene Vela I C.jjcite number: 31100002601262. 1 Important Notes Terms of Sale Unless you have a separate written agreement that specifically applies to this order, your order will be subject to and governed by the following agreements, each of which are incorporated herein by reference and available in hardcopy from Dell at your request: Dell's Terms of Sale (www.dell.coni/lear'n/us/en/uscor,pl /tei is- /-sale), which include a binding consumer arbitration provision and incorporate Dell's U.S. Return Policy (www.dell.com/returnpolicy) and Warranty (for Consumer warranties; for Commercial warranties). If this purchase includes services: in addition to the foregoing applicable terms, the terms of your service contract will apply (Consumer; Commercial). If this purchase includes software: in addition to the foregoing applicable terms, your use of the software is subject to the license terms accompanying the software, and in the absence of such terms, then use of the Dell -branded application software is subject to the Dell End User License Agreement - Type A (www.dell.com/AEUL/`k) and use of the Dell -branded system software is subject to the Dell End User License Agreement - Type S (www.dell.com/SE.Ul-A). You acknowledge having read and agree to be bound by the foregoing applicable terms in their entirety. Any terms and conditions set forth in your purchase order or any other correspondence that are in addition to, inconsistent or in conflict with, the foregoing applicable online terms will be of no force or effect unless specifically agreed to in a writing signed by Dell that expressly references such terms. Pricing, Taxes, and Additional Information All product, pricing, and other information is valid for U.S. customers and U.S. addresses only, and is based on the latest information available and may be subject to change. Dell reserves the right to cancel quotes and orders arising from pricing or other errors. Please indicate any tax-exempt status on your P0, and fax your exemption certificate, including your Customer Number, to the Dell Tax Department at 800-433-9023. Please ensure that your tax - exemption certificate reflects the correct Dell entity name: Dell Marketing L.P. Note: All tax quoted above is an estimate; final taxes will be listed on the invoice. If you have any questions regarding tax please send an e-mail to Tax _De artment@dell.com. For certain products shipped to end-users in California, a State Environmental Fee will be applied to your invoice. Dell encourages customers to dispose of electronic equipment properly. © 2014 Dell Inc. U.S. only. Dell Inc. is located at One Dell Way, Mail Stop 8129, Round Rock, TX 78682. Page 318 of 960 6.0. CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Approve the release of surety for the project known as Walmart Neighborhood Market #2396-00 at the intersection of Military Trail and Coconut Lane, and authorize returning the performance bond in the amount of $253,957 to Hawkins Construction, Inc. EXPLANATION OF REQUEST: This project involved the construction of new water and sewer utilities to serve the new Walmart Neighborhood Market #2396-00 at the intersection of Military Trail and Coconut Lane. All lines have been installed and have performed adequately. New utility easements have been dedicated and recorded. The performance bond in the amount of $253,957 should be returned to: Hawkins Construction Attn: Mr. Mike Beausir 1430 L and R Industrial Boulevard Tarpon Springs, FL 34689 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT. Budgeted None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Page 319 of 960 Type D Addendum D Addendum REVIEWERS: Department Utilities Finance Legal City Manager Reviewer Groff, Colin Howard, Tim Swanson, Lynn LaVerriere, Lori Description Memo from Utilities Performance Bond Action Approved Approved Approved Approved Date 11/29/2016 - 8:09 AM 12/8/2016 - 11:52 AM 12/9/2016 - 3:11 PPA 12/12/2016 - 8:08 AM Page 320 of 960 MEMORANDUM UTILITIES DEPARTMENT TO: Tim Howard, Assistant City Manager, Administrative Services FROM: Chris Roschek, Engineering Division Manager, Utilities DATE: November 23, 2016 RE: Full Surety Release — Walmart Neighborhood Market #2396-00, Military Trail and Coconut Lane Boynton Beach Utilities has fully accepted the water and wastewater systems for the above project, and the performance bond in the amount of $253,957.00 can be released. Please return the performance bond to: Hawkins Construction Attn: Mr. Mike Beausir 1430 L and R Industrial Boulevard Tarpon Springs, FL 34689 If you have any questions, please call me at ext. 6413. Thank you. xc: File Page 321 of 960 Hawkins Constmction, Inc. LETTER OF TRANSIMITTAL TO: City of Boynton Beadi Boynton each Utflifies 124 East Woolbright Road Boynton Beach, Fl, 33435 561-742-6413 ENCL OSED, PLEASE FIND. COPIES August 2, 20.4 HC#2415 AWL ChtistopheT Roschek Engineenng Division Manager Re. Wal-Mart #2396-00 Delray Boynton Beach, FL3,3436 via.- Overnight Delivety DESCRIPTION Sanitary Sewer & Water Distribution Performance Bond (Orighutl) rJ Check #207636 - Televising Fee - Sanitary Sewer For your use. REMARKS: THANK YOUI IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT www.hawkinsnet.com 6i. era 10—fili—c-oAl—ch Project Manager PO Box 1636 Tarpon Springs, FL 34688 727.938.9719 Fax: 727.938.3208 Page 322 of 960 Bond Nor SUBDIVISIGNUSITE INUROVEMEINTT BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and FideMy and Depond Company of Maryland as Surtay, are field and firmly bound unto the Two Hundred Fty Three T 9-museind Nine Hundrc'uJ Fifty Seven and 00/1 00ths as Obliges, in the sure of .............. (S253, 00 ) �957,for d -w payment of which, well and truly to be m&.1e, we - ...... . - — ------ – . ..... --- jointly ard severally bind coan'selveei, our executors, admnistwaorr, successors, and assigns, finply by these present's, WHEREAS, the Frincipel has agreed to pes-Iflorm The various improvements as deWlexcl by either the plan (s)/specifleation(s' ,i/agreement, prepared by to the subdivision known as ,rvhasmarl Delray - Store, 4239,5 00 San�tar� Sewer System and Wa-- r utrion NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that, if said Pnincipal shall perfonn and complete said improvements, to said development in accordanwe with either the plan (s)lspecificat.ion(s)/agreement, ffien dais obligation shall be void, otherwise to be and remain in fufl fo= and effect, THIS BOND WILLTERMINATE, upon written acccptance of the improvements, by the Obligee to the Principal and/or Surety, SeaOed with our seals and listed rids --- 8th -.-- day of' CON"WOOZZ10501 r Page 323 of 960 ZURICH AWERWAN INSURANCE COMPANY COLONIAL AMERICAN CASU.AC'f'y AND SURFI'y COMPANy FEDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ArTORNEY KNOW ALL g BY THESE PRI,.SLONTS-1712t tdra ZURICH ANA ERICANNINSURANCE COMPANY, acotrINwration of the State, of New York, the COLONIAL AMERICANICASUAL17 AND SURETY COMPANY, a COVOWdon oft State of Maryland, and the FIDPII-, Y' AND DEPOSIT COMPANY OFNIA.RYLAND'a corporation of the State of Maryland iperein Collectively called the "Canpanics"), by JAMES X CARROLL, Vice Prexlden4 in Inamance of authmity gratned ky Article V, Sodica 8, of the By -U,* -s of Said ConFemlies, 'whi' 6 are set Hartle on the remorse qide heneof and are hereby certilled U) be in full fine and effect on the dam hereof, do hereby mombiste, constitate, and a1voint J..Raymond BOUCILARD, Mark D. PICKOWSKL Tudd GEORGE and Nancy I- SHEINBER G, all of Clearwater, Florida, EACH its true and lawfal agent mid Attom, ey-in-Fact, to make. execute, seal and deliver, for, and on rus behalfas surety, and as its act and derd: any and all bo ails and undertakings, and the exmiteen of such bonds or landcaWings in ptjj-m-i. cc ofjjC an ss c press nts,, sball be as binding upan, said Comapanies, as folly and aln'ypl , to all intenwand purpomm, as if Ukey had been. dWy rxecuted and acknowledged by tbe rermarky elected offlom. of the ZURX-1.1 AMEll CAN INSURANCE CCBPAYY at its, office .'n New Yark, New Yo. -L, the reguiarly elwu,,,d offlcm of the COLMNIAL AMERICAN CASUALTY AND ST.W7,jY COMPNNY et lie, office in owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT C0.1ell'AUNTY OF MARYLAND at its qffice in (Xvirigs Mills, Marylaud, in their own proper persom "me quid Vice President does hereby mr-lify that the mxtntct ton forth tin cwt reveise side harcof is as true copy ofAs bicle'h, Semion 8, of the By-Lawrs ofismd Conipanies, and is now in forim, 1N W17NESS WHEREOF, the said Vice-P-mmident has bermanto subscribed his/lier nw.nes and affixed the Cosparate SLWq ef tfle shill 7,LTIUCH AMERICAN INISURANyX COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and k-H)ELL TY AND DF11D)SITCOMPANY OF MARYLAND, this 20th day of June, A.D. 2012, ATT EST: Assistant Secretary Eric D, Barnes MIRICH AMERICAN INSEUMAN(M COMPANY COLONW, AMERICAN CASUALTY AISD SURETY CompANy 'FIDELITY AND DETOW COMPANy 01.7 mARyLANI) 0-A 'Q Wei. XAL eft log Vice Fnaldent Janise Af. Carroll State of gaaryiareel Cite offiahinwre On this 20th ckay of liaise, &D, 2(d2- before, the subsc6bor, a Notwy IM,,Iic of the State of Maryland, draly coxnmdssjoseaj and qualiflext, JAIWES K CARROLL, Vice Preddeat, and F211C D. BARNES, As"Majo. Secretary, of dm- (>mipanies, ti me personally known to be the Whyfiluals and oflimTs de,acrJ'aW- in am -1 who mmuted he emeeding immmeat? and aca ncmledged the exectakm of mme, and bemig by me, duly mwom, deposeth and eafthi, that heahe is latae said oce.- ofthe Conipany aforesmid, and that the scals afTmod to the piec-Aing insuu—menz are the (.,btpmwe Seals of said (orrqm6es, dread that ffie said Corporate Seals and the signature as smb officer were d,.jy affixtel and subsmibed to the said imstrunw-mil by the autlooily and dirmfion of the 4-,d orporatiom, lei ll,%IONYWIIEREOFIiuzvelsci,arunitc)sen.- 1, hand and arf-fixed. my Offflcial San flic day and year fi-no above writter. Auhtwln, No,,,.-;,r:y Public W POA -F 031-4128B Page 324 of 960 EXTRACT'FROM BY-LAIS OF f lfE COMPANIES u„a t rl - ct. � ice' ti ice, dee x a �a r r€ President may, by writter. instrument under the attested corporate ,l, appoint ttaarras slafaa-fact wid aaanthorf%y to execute b 2fol , recognizances. s lfaaalatfraars, undatakingo, or endear like instruments is tau, behalf of the Company, and may authorize any officer r any such attornerain-ldgat to affix the, corponitc 1 tires , and may with or widiout cause am k.ly of revoke any ch appointurent or authority • apt any tltra,�a CERTIFICATE f, the undemigat R . Vice President of the ZURICH AMERICAN INSURANCE .. , the. COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,d the FIDELITY sD DEPOSiT COMPANY MARYLAND, dna hereby catify t- att d foregoing o er of Attorney is still in full forge and effect on the date, of this fflme; grad T do fllir certify that Article V, Section 8,refµ the y�a s as of the Companies ies is will in force. s 7nafs Power of Atrorrey and C=fificate aka y, be signed by facsirrifle under and by aautbority ofthe following resolution of the Board of Directors of the TURICH AMErUCAN WSURANCE COMPANY at a meeting duly called and held sena die 15th day of December 1998, RESOLVED. 'Thaat the signature of~the President or a. Vice Irmaident and Haat utt tfra signature of as SeArnoary or an Assistaw Secretary and t!aaa Seal of fine, Company may be affixed by facsimile sena any Power of ,.ttcarat y. -Any such Pinver or any cettificate thereof bdrag such facsimile signature arid sal shall be valid and binding on the Company." "f" ds Power of Anomey and Certificiae. ropy be signedby icslnafle under and ley authasity of time following resolution of tine Board of l e tors of this COLONIAL AMERICAN C&SUAIXYAND SWRIETY CONIPAWY at a meefing duly called and held or, the Sth day of May, 1994, and the folkming resolution of the Board of Di :toes of the 1 "3 AND DEPOSIT MP Y OF MARYLAND at a meeting daily called and held on the 10th day ofMay, 1990, RESOLVED: "That die facsimile or mechanically roproducodseal of the conipany and facsimile or ruechatuestIly reproduced signature of any `icc—Pr aside nt, SecretaM or Assistant Secretivy ofthe Comintay, hethcr made heretofore or 1. r ft a•, herever r rfu amara certified copy of stay power of attomay issued by the Company, shall valid and binding upon, the Company with the sarne force and c5ect as though inn rnuaally affixed, IN TESTIN! NY WHEREOF, f have hereunto subscribed aaty an sae and of xed the corlicaste seats of die said (Orn1sanies, lafsdaay of, .41 2V 0100"" &` m M AN ill VOOA, n V111a 4 _.t._ -e f ' y0-hslio, V ice Presadaasnt Page 325 of 960 6.R CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12119/2016 REQUESTED ACTION BY COMMISSION: Legal expenses -October 2016 -Information at the request of the Commission. No action required. EXPLANATION OF REQUEST. Some outside firms have not provided their November statements to Risk Management and therefore their October invoices are attached. 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: ATTACHMENTS: Type Description D Attachment Goren Cherof Doody & Ezrol PA November Invoices D Attachment Outside counsel October and November Invoices REVIEWERS: Department Reviewer Action Date Legal Swanson, Lynn Approved 12/12/2016 - 9:57 AM Finance Howard, Tim Approved 12/12/2016 - 11:09 AM Page 326 of 960 City Manager LaVerrier , Lori Approved 12/14/2016 - 6:66 AM Page 327 of 960 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 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0303351 Boynton Beach FL 33425 STATEMENT NO: 13082 Attn: Lynn Swanson v. Degen, Gerhard et al. 10/27/2016 Federal Express - invoice 5-619-54287 50.77 10/27/2016 Federal Express - Invoice 5-619-54287 50.77 101.54 TOTAL ADVANCES THRU 11/30/2016 101.54 TOTAL CURRENT WORK 101.54 BALANCE DUE $101.54 U-111% s L91 &JU. �, ■ r ,, • Page 328 of 960 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 ACCOUNT NO: STATEMENT NO: HOURS 11/01/2016 JAC review status of disciplinarylpre-D process 0.40 11/04/2016 SHB Dispatch: receive and review correspondence between Bryant and Pachneck. Discuss with Oldbury. Discuss unemployment compensation matters with Oldbury. 1.00 11/16/2016 SHB Police: Follow up re: dispatch personnel matters. Discuss with JAC. Receive additional information from PD re: Geofeedia contract. Revise and transmit contract termination letter to City for review. 1.10 11/18/2016 SHB Meeting at City Hall re: Communications personnel matters. 2.30 11/23/2016 SHB Overtime compensation: Receive and review Nevada v. United States Department of Labor order granting preliminary injunction. Memo to client re: impact of ruling. 0.60 11/30/2016 JAC JAC review rehire/mutual consent drafts from Jensen 0.70 FOR CURRENT SERVICES RENDERED 6.10 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.10 $195.00 $214,50 SHANA H. BRIDGEMAN 5.00 195.00 975.00 Photocopies TOTAL EXPENSES THRU 11/30/2016 TOTAL CURRENT WORK Page: 1 12/02/2016 306-0603180 13083 1,189.50 15.05 15.05 1,204.55 1,204.55 Page 329 of 960 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 12/0212016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0806020 Boynton Beach FL 33425 STATEMENT NO: 13084 Attn: Lynn Swanson Red Light Cameras HOURS 11/01/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.90 11/02/2016 SMB Follow up re: attorney Francine Foote /violator Kapri McGloster inquiry. Prepare and file notices of intent to rely on business records for use at trial. 1.50 11/03/2016 SHB Follow up re: pending NOls. Various correspondence re: violator Kapri McGloster. 0.60 11/07/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.90 11/09/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 1.60 11/1112016 SHB Prepare and file notices of intent to rely on business record for use at trial. 2.40 11/14/2016 SHB Receive and review Notice and supplemental vehicle registration documents from defendant Ramajattan; follow up with Petriello. Prepare and file notice of intent to rely on business records for use at trial. Telephone conference with Verrigni re: McGloster trial. 1.10 11/23/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 3.60 FOR CURRENT SERVICES RENDERED 14.60 2,847.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHA NA H. BRIDGEMAN14.60 $195.00 $2,847.00 Photocopies 23.10 Postage 14.88 TOTAL EXPENSES THRU 11/30/2016 37.98 TOTAL CURRENT WORK 2,884.98 BALANCE DUE $2,884.98 Page 330 of 960 Page: 2 CITY OF BOYNTON BEACH 12/02/2016 ACCOUNT NO: 306-0806020 STATEMENT NO: 13084 Red Light Cameras Page 331 of 960 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 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9001821 Boynton Beach FL 33425 STATEMENT NO: 13085 Attn: Lynn Swanson General Matters 11/07/2016 DNT Review documentation's submitted by mobilitie and city's response; dictate letter to mobilitie regarding application for wireless Antennas. HOURS 11/01/2016 FLN TIC with Andrew Mack re: effect of foreclosure on liens and other city processes for lien stipulations. 0.40 MDC Meet with JAC, review issues 0.50 JAC review Riverwalk site plan proposal, alternate parking option; discuss with 0.50 JAC staff; review storm water utility code rewrite-misc tax vs. fee issue; onsite office review mail/memos; prep for and attend Commission meeting; review 2.70 11/09/2016 JAC 601 Fed issues with staff 7.30 11/02/2016 JAC prep for and attend deposition (cancelled late) 1.00 JAC onsite office hours; review pending matters; research FDOT easement issues and documents; review Riverwalk correspondence with M. Weiner 6.30 11/03/2016 SHB Advisory Boards: receive and review inquiry from Pyle re: meeting attendance by phone. Telephone conference with Pyle 0.30 JAC prep for meeting regarding Riverwalk project, calls with staff regarding same; research meeting attendance requirements and discuss with SB; review status of MJ regulations/moratorium options, state draft status; review easement/takings issue; review cemetery swap status 5.20 11/04/2016 SHB Follow up with Pyle re: board meeting attendance matters. Discuss with JAC. 0.60 JAC Onsite office administration; review mail/memos; prep for and attend Riverwalk conference with Attorney, staff and developers; review parking plans and options; review referendum -election issue/deadline 6.80 11/07/2016 DNT Review documentation's submitted by mobilitie and city's response; dictate Page 332 of 960 letter to mobilitie regarding application for wireless Antennas. 1.50 JAC prepare for misc staff conferences' review mail and memos; review ACatty cases/assignments 4.70 11/08/2016 DNT Dictate and revise letter to mobilitie regarding antenna network in rights of way. 0.50 JAC review 601 fed issue and email with Ken K and staff; review agenda items and related documents 2.70 11/09/2016 JAC on-site; agenda prep -review 3.40 Page 332 of 960 Page: 2 CITY OF BOYNTON BEACH 12/02/2016 ACCOUNT NO: 306-9001821 STATEMENT NO: 13085 General Matters HOURS 11/10/2016 JAC finalize agenda review for 11115 meeting; review pending litigation and claims reporting issue; review Joint Guidance and evaluate for report to Commission; Review information from mobilitie regarding wireless communication facilities. review surplus funds issue 4.70 11/11/2016 JAC prepare for meeting; outline group home memo and email Commission; 1.30 review reasonable accomm rules regarding new guidance; regarding med MJ infrastructure surtax issue. ordinance and LL provided information 3.50 11/14/2016 SHB Geofeedia: review contract and Geofeedia website, Draft contract termination 4.30 letter. 0.80 BJS Legal Research re: Public Records 0.70 JAC onsite; review mail/memos; review agenda; calls regarding staff meeting; review Riverwalk conditions and follow up with staff; review federal memo up regarding same; Office Administration issues and review; conference with regarding group homes and prepare for meeting with VM 4.70 11/1512016 JAC onsite; office administration; prep for and attend Commission meeting; review RPQ issue regarding confidentiality of financial records; conference with Commissioner regarding Joint Guidance memo and follow up regarding same with staff 6.40 SHB Police: follow up re: Geofeedia contract matters and additional documentation. Research Geofeedia services. 0.60 11/16/2016 DNT Review information from mobilitie regarding wireless communication facilities. 0.50 JAC Commission meeting follow up; review affordable housing issue; review 1.30 JAC Office administration; outline assignments and discuss with attorneys; calls infrastructure surtax issue. 2.80 1 111 7/201 6 FLN Reviewed inquiry re: recording of Stipulated Agreement/Lien Encumbrance 4.30 11/21/2016 SHB Municipal Prosecution: Receive and review arrest documentation re: Lance program from Code. 0.40 JAC Onsite; conference with Commissioner and Ocean One representatives; follow and pending felony charges. up regarding same; Office Administration issues and review; conference with 11/22/2016 FLN Prepared for and attended Planning and Development Meeting. 2.50 LL, et al regarding infrastructure improvement process; follow up research chance regulations with JFK. Follow up with City re: source of email. regarding referendum and project scope; review agenda items. 4.20 11/18/2016 FLN Reviewed all relevant documents re: to inquiry on recording requirements as it relates to Lien Encumbrance program; reviewed previous and newly adopted ordinances and drafted and sent advice email to Lynn Swanson, ccing Jim Cherof, to be shared with inquiring code staff. 1.30 JAC Office administration; outline assignments and discuss with attorneys; calls regarding Overwalk document comments; review fee issue; misc research regarding SOE and proposed agreement 4.30 11/21/2016 SHB Municipal Prosecution: Receive and review arrest documentation re: Lance Shuman; research case Receive and review arrest documentation re: Georgiana Hall; research case history and pending criminal charges. and pending felony charges. 0.70 11/22/2016 FLN Prepared for and attended Planning and Development Meeting. 2.50 SHB Receive and review FOP poker tournament flyer; discuss gambling/games of chance regulations with JFK. Follow up with City re: source of email. 0.60 Page 333 of 960 Page: 3 CITY OF BOYNTON BEACH 12/02/2016 ACCOUNT NO: 306-9001821 STATEMENT NO: 13085 General Matters HOURS DNT Attend meeting at City Hall with Mike Rumpf and Katie Hatcher regarding wireless communication facilities; review correspondence from mobilitie; discussion with Mike Rumpf regarding processing of comprehensive plan amendments and LDR amendments. 1.50 11/23/2016 FLN Reviewed public records question from Sgt Matson re: request for a certified TOTAL CURRENT WORK I • 0 9 1:0 M 16,165.84 Page 334 of 960 note indicating no request available, reviewed relevant law, discussed with Sgt Matson via TIC and follow up advice via email with issue. 2.50 11/28/2016 DNT Review personal wireless facility ordinances from other jurisdictions and transmit to client. 0.50 JAC onsite; office review mail/memos, review pending development issues; call with A. Mack regarding Riverwalk, 601 and HUD/DOJ memo 5.70 11/29/2016 FLN Reviewed all agreements and communication re: to City's contract with Selectron for Utility IVR system; reviewed City's termination letter draft IVR matter; discussed with Barb Conboy via TIC; started revising letter draft. 2.80 JAC agenda item prep; review contracts; review case assignments; review 601 S. Federal and Riverwalk documents 5.10 11/30/2016 FLN Finalized revisions to City's termination letter with Selectron; discussed final draft with Jim Cherof and submitted to City staff to review and use. 2.30 JS Review and revise Petition for Drug Destruction 0.50 JAC review/revise/approve agenda items; review lien/lien release issued; review TD case assignment and related pleadings; prep MMJ meeting with LL 5.00 SHB Telephone conference with Matson re: public records request and release of photographs of dead body. Follow up re: stipulated agreement and lien matters for 213 NE 9th Ave. 0.60 FOR CURRENT SERVICES RENDERED 106.40 TOTAL CURRENT WORK I • 0 9 1:0 M 16,165.84 Page 334 of 960 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 11/02/2016 JAC review M/limine 11/30/2016 JAC review -coordinate regarding subpoena and verified records request FOR CURRENT SERVICES RENDERED 1111vilowl 0 - NFATA - --11 .0 TOTAL CURRENT WORK ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.70 $19&00 Page: 1 12/02/2016 306-9904936 13086 HOURS 0.20 0.50 0.70 136-50 TOTAL $136.50 136.50 $136,50 Page 335 of 960 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 Litigation Miscellaneous Page: 1 12/02/2016 306-9904950 13087 UUMAC ... Page 336 of 960 HOURS 11/02/2016 TAD Receipt and review of correspondence re: potential claim. Review information and photographs from Risk re: investigation. 0.30 11104/2016 TAD Telephone conference with City re: information on previous claims for insurance company and release documents. 0.30 11/07/2016 BJS Review new forfeiture matters and follow up re: request for Adversarial Preliminary Hearing 0.50 TAD Receipt and review of supervisors incident report (Guy) 0.10 11/09/2016 JAC review assignments and status of cases 1.40 TAD Meet with City risk re: status of claims and upcoming events. Discuss pending issues and claims. 3.60 11/11/2016 JAC review pending cases w/TD and indep review of pleadings 1.20 11/14/2016 TAD Receipt and review of use of force report (Webb). 0.10 11/16/2016 TAD Review claims status and prepare for meeting with City and adjuster. Attend meeting with City re: status and strategies. 4.80 11/18/2016 TAD Receipt and review of correspondence re: response to records request. 0.20 11/21/2016 FLN Reviewed Amended Owner's Claim to Distribute Surplus of Funds; reviewed Clerk's docket and file notes in matter of PB Community Bank v. Lloyds of BB/Rosanna Homes to confirm no additional action is needed by City. 0.80 11/28/2016 TAD Receipt and review of use of force report. Review contract re: indemnity Issues. 0.60 FOR CURRENT SERVICES RENDERED 13.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMESA.CHEROF 2.60 $195.00 $507.00 BRIAN J. SHERAN 0.50 195.00 97.50 TRACEY A. DECARLO 10.00 195.00 1,950.00 FARAH L. NERETTE 0.80 195.00 156.00 Page: 1 12/02/2016 306-9904950 13087 UUMAC ... Page 336 of 960 Page: 2 CITY OF BOYNTON BEACH 12/02/2016 ACCOUNT NO: 306-9904950 STATEMENT NO: 13087 Litigation Miscellaneous TOTAL CURRENT WORK 2,710.50 BALANCE DUE $2,710.50 Page 337 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson City of Boynton Beach Model Block Right of Way Acquisition ACCOUNT NO: STATEMENT NO: TOTAL CURRENT WORK Page: 1 12/02/2016 306-9905018 13088 487.50 Ma Page 338 of 960 HOURS 11/01/2016 KLE Follow up with Rachel Leach Re: PB Property Appraiser carve out for the City property for Parcel 24 0.30 11/07/2016 KLE Follow up Re: Parcel 21 Evans. 0.20 11/91/2016 JAC review status of two outstanding parcel acquisitions 0.40 11/15/2016 KLE Emails with Mike Simon Re: Parcel 21 Evans negotiations; emails with Brian Bull Re: finalizing Stip 0.40 11/27/2016 KLE Review Motion to Withdraw and Order 0.30 11/28/2016 KLE E-mails with Brian Bull and Tom Baird Re: status 0.30 11/30/2016 KLE Email from Baird Re: CRA contract with Collins, review contract, confirm legal, email to Baird Re: status of Stipulation. 0.60 FOR CURRENT SERVICES RENDERED 2.50 RECAPITULATION TIMEKEEPER LY RATE TOTAL JAMESA,CHEROF 0.40 $195.00 $78.00 KERRY L. EZROL 2.10 195.00 409.50 TOTAL CURRENT WORK Page: 1 12/02/2016 306-9905018 13088 487.50 Ma Page 338 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Chandler, Nancy (RIC MAN) 11/16/2016 TAD Receipt of correspondence re: status and claim analysis. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $195.00 Page: 1 12/02/2016 306-9905019 13089 39.00 Page 339 of 960 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 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905021 Boynton Beach FL 33425 STATEMENT NO: 13090 Attn: Lynn Swanson adv. Wurie, Khadi (Deutsche Bank National Trust Company) 4 Las Sendas Boynton Beach, FL 33426 HOURS 11/29/2016 FLN Reviewed filed pleadings including Plaintitf s motion to Cancel Foreclosure Sale, Vacate Final Judgment and Dismissal due to short sale, Court granting Motion; court docket and file documents; sent closing memo update to City CAO staff. 0.60 FOR CURRENT SERVICES RENDERED 0.60 117.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 0.60 $195.00 $117.00 TOTAL CURRENT WORK 117.00 BALANCE DUE $117,00 Page 340 of 960 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. Christopher Parker, et al., Federal Class Action 11/01/2016 SHB Follow up with Clerk's office re: records hold matters. Discuss with JAC and MDC. 111inloog 0- 611 1. F -A 01 FIAT 0 0, - TOTAL CURRENT WORK �-72- �-k 9 RECAPITULATION HOURS HOURLY RATE 0.50 $195.00 Page: 1 12/02/2016 306-9905099 13091 HOURS 0.50 0.50 97.50 TOTAL $97.50 97.50 $97.50 Page 341 of 960 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 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905108 Boynton Beach FL 33425 STATEMENT NO: 13092 Attn: Lynn Swanson Rodrigues, Louis IA 14-020 Color photocopies 67.20 Photocopies 685.30 TOTAL EXPENSES THRU 11/30/2016 752.50 Page 342 of 960 HOURS 11/01/2016 SMB Arbitration prep. Follow up with Fagan re: witness stipulation. Coordinate witness prep meetings. 1.00 11/02/2016 SHB Arbitration prep. Follow up re: witness matters; discuss with JAC and Fagan. Follow up with Chief Katz re: IA and discipline matters. 1.00 11/14/2016 SHB Arbitration prep. Telephone conference with Chief Katz re: discipline and arbitration matters. 0.80 11/17/2016 SHB Arbitration prep at City Hall. Meetings with witnesses. Follow up re: additional exhibits and documentation. 8.80 11/18/2016 SHB Arbitration prep. Meeting at City Hall with Laverriere. 2.50 11/23/2016 SHB Arbitration prep. 0.40 11/25/2016 SHB Arbitration prep. Review and assemble exhibits. 0.40 11/28/2016 SHB Arbitration prep. Assemble exhibits. Telephone conference with Naulty. Follow up wit Solomon and Brown re: computer setup. Final follow-up with witnesses. 7.50 11/29/2016 SHB Final arbitration prep. Attended arbitration at City Hall. 10.60 11/30/2016 SHB Arbitration day 2 at City Hall. Telephone conference with Laverriere re: arbitration matters. 10.90 FOR CURRENT SERVICES RENDERED 43.90 8,560.50 RECAPITULATION TIMEKEEPER U S HOURLY RATE TOTAL SHANA H. BRIDGEMAN43.90 $195.00 $8,560.50 Color photocopies 67.20 Photocopies 685.30 TOTAL EXPENSES THRU 11/30/2016 752.50 Page 342 of 960 Page: 2 CITY OF BOYNTON BEACH 12102/2016 ACCOUNT NO: 306-9905108 STATEMENT NO: 13092 Rodrigues, Louis ]A 14-020 TOTAL CURRENT WORK 9,313.00 BALANCE DUE $9,313.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 343 of 960 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 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905127 Boynton Beach FL 33425 STATEMENT NO: 13093 Attn: Lynn Swanson adv. Boss, Lendon (RLC appeal) HOURS 11/02/2016 SHB Drafting and revision: Motion for costs. To MDC for review. 1.10 11/03/2016 SHB Follow up with Clerk of court re: status of case and Motion for Clarification. Follow up with ATS and City finance re: invoices and documentation in support of motion for costs. Discuss with MDC. 1.00 11/04/2016 SHB Revise Motion for appellate costs. Discuss with MDC. Follow up re: Clerk's Photocopies 18.55 TOTAL EXPENSES THRU 11/30/2016 18.55 TOTAL CURRENT WORK 1,091.05 BALANCE DUE $1,091"05 Page 344 of 960 entry of order for cases on April 1 docket. 1.00 11/14/2016 SHB Receive and review correspondence from Appellate Clerk re: Motion for Clarification; follow up with MDC. 0.10 11/16/2016 SHB Receive and review Order on Motion for Clarification. Discuss with MDC and JAC. Research CLerk's website re: status of additional April 1 cases. Follow up with BBPD. 0.60 11/17/2016 SHB Telephone conference with Verrigni re: April 1 trial docket and amended notice of appeal. 0.30 11/25/2016 SHB Revise, finalize, and file amended Notice of Appeal. 1.40 FOR CURRENT SERVICES RENDERED 5.50 1,072.50 RECAPITULATION TIMEKEEPER URS HOURLY RATE TOTAL SHANA H, BRIDGEMAN 5.50 195.00 $1,072.50 Photocopies 18.55 TOTAL EXPENSES THRU 11/30/2016 18.55 TOTAL CURRENT WORK 1,091.05 BALANCE DUE $1,091"05 Page 344 of 960 Page: 2 CITY OF BOYNTON BEACH 12/02/2016 ACCOUNT NO: 306-9905127 STATEMENT NO: 13093 adv. Boss, Lendon (RLC appeal) Page 345 of 960 BOREN.CHEROF.00DDY& EZROLP'&. Attorneys at Law 3089 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 333O8 Telephone (954) 771-4500 CITY OFBOYNTONBEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 AttmLynn Swanson adv, K\hymmhha C. Gums, m{mi)vs. JPMorQon Chasm Bank 2171 NVV1st Street, Boynton Beach, FL33435 11/21/2O1G FLN Reviewed Plaintiffs Memos ofCase Status and continuance pfcase mgt scheduled for 12/5/2D1G; Reviewed Notice of Non Jury Trial. TOTAL CURRENT WORK ACCOUNT NO: RECAPITULATIONSTATEMENT NO: HOURS HOURLY RATE 0.30 $195.00 Page:1 1202/2016 306-9905138 13094 Page 346 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. (Wauchope, Rohan R. et al.) vs. HSBS Bank USA 312 NW 12th Avenue, Boynton Beach, Florida 33435 11121/2016 FLN Reviewed Plaintiffs Notice of Filing of Order deying confirmation and dismissing chapter 13 case; Also reviewed bankruptcy order FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.20 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12102/2016 306-9905156 13095 HOURS 0.20 0.20 39.00 TOTAL $39.00 39.00 $39.00 Page 347 of 960 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 ACCOUNT NO: STATEMENT NO: adv. (Samuel, Antonio, et.al.) vs. The Northern Trust Company 2100 East Ridge Circle E, Boynton Beach, FL 33435 HOURS 11128/2016 FLN Reviewed correspondence from clerk's office re: status of cross claim against Antonio Samuel; reviewed file records. 0.30 FOR CURRENT SERVICES RENDERED 0.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NE 0.30 $195.00 $58.50 TOTAL CURRENT WORK BALANCE DUE I a 0 9 , .1.1 Page: 1 12/02/2016 306-9905161 13096 58-50 58.50 Page 348 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 Page: 1 CITY OF BOYNTON BEACH 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905162 Boynton Beach FL 33425 STATEMENT NO: 13097 Attn: Lynn Swanson adv. (Schwartz, the Estate of Barbara, et. al.) vs The Bank of New York Mellon 320 SW 5th Avenue, Boynton Beach, FL 33435 HOURS 11/10/2016 FLN Continued research on issue re: utility liens and began drafting City's Response to Oppose Purchaser's Motion to Amend FJ. 3.30 11/28/2016 FLN Discussed matter with Jim Cherof; exchanged emails with 3rd Party Purchaser's attorney re: city's position on priority and status of utility liens; TIC to Lynn Swanson re: certified copies of outstanding utility bonds; continued research of this matter; exchanged emailswith Barb Conboy re: this matter. 2.30 11/29/2016 FLN Emails to and from Lynn Swanson re: outstanding utility bond certificates; started review of documents received. 0.60 11/30/2016 FLN Re Plaintiffs Motion to Amend FJ, reviewed outstanding bond certificates; exchanged emails with Plaintiffs counsel re: possible settlement/resolution of utility lien; discussed with Jim Cherof; exchanged emails re: resolution with Colin Goff and Barb Conboy; discussed further with Colin via TIC. 1.80 FOR CURRENT SERVICES RENDERED 8.00 1,560.00 RECAPITULATION TIMEKEEPER S HOURLY RATETOTAL FARAH L. NERETTE 8.00 $195.00 $1,560.00 Photocopies 4.90 TOTAL EXPENSES THRU 11/30/2016 4.90 10/31/2016 Federal Express - Invoice 5-619-54287 17.55 17.55 TOTAL ADVANCES THRU 11/30/2016 17.55 TOTAL CURRENT WORK 1,582.45 Page 349 of 960 Page: 2 CITY OF BOYNTON BEACH 12/02/2016 ACCOUNT NO: 306-9905162 STATEMENT NO: 13097 adv. (Schwartz, the Estate of Barbara, et. al.) vs The Bank of New York Mellon 320 SW 5th Avenue, Boynton Beach, FL 33435 BALANCE DUE $1,532.45 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 350 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fork Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson ACCOUNT NO: STATEMENT NO: adv. Vestors Acquisitions, LLC (Quiet Title Action) Zheng Haibin aka Haibin Zheng HOURS 11/04/2016 FLN Reviewed file to address status of disbursement to City. 0.40 11/07/2016 FLN Reviewed file documents; TIC with OC; reviewed clerk's dockets and drafted relevant memo to City re: surplus and check received. 1.00 11/09/2016 FLN Reviewed inquiry from staff re: surplus and release of liens; review file docs and court docket; sent related email to OC re: Exhibit intended to go with Stipulation; email to Lynn Swanson re: this matter. 1.40 11/10/2016 FLN Exchanged emails with Lynn Swanson re: Stipulation and Exhibit to Stipulation as it relates to liens to be released. 0.40 FOR CURRENT SERVICES RENDERED 3.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 3.20 $195.00 $624.00 Photocopies TOTAL EXPENSES THRU 11/30/2016 TOTAL CURRENT WORK I_1iI,M;IDili 1 0 'i 1 i 1.10 Page: 1 12/02/2016 306-9905170 13098 625.40 Page 351 of 960 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, Cleveland, Darren (Federal National Mortgage Association) 11/21/2016 FLN Reviewed Plaintifrs Notice of Service of November Trial Order and Notice of Joint Pre Trial Stipulation. 11/29/2016 FLN Reviewed Plaintiffs Motion for Rehearing after dismissal of foreclosure on November 9, 2016, FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER U S HOURLY RATE FARAH L. NERETTE 0.50 $195.00 TOTAL CURRENT WORK -►' Page: 1 12/02/2016 306-9905184 13099 HOURS 0.20 0.30 0.50 97.50 TOTAL $97.50 97.50 $97.50 Page 352 of 960 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 Trust Company, N.A. (White, Jack) 11/21/2016 FLN Reviewed Plaintiffs Notice of Service of Trial Order (trial for 1216) and Exhibit List; reviewed file to confirm no required action by or obo City. 11/29/2016 FLN Reviewed Plaintiffs Notice of Filing of Affidavit of Reasonable Attorney's fees and costs and Amended Witness and Exhibit List, Defendants ER Motion to Cancel and Reset Trial Date; Reviewed Court's Nov. 23 Order denying Defenant's ER Motion to Cancel and Reset Trial date. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK RECAPITULATION URS HOURLY RATE 0.60 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/0212016 306-9905188 13100 HOURS 0.20 0.40 0.60 117.00 TOTAL $117.00 117.00 $117.00 Page 353 of 960 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 Purchase From Bishop Evans (132 NW 11 Avenue) 11/01/2016 RLL Telephone call to paralegal for Palm Beach County Tax Collector to obtain new folio number for portion of Parcel 24 and to confirm property appraiser has evidence of City's acquisition of property. FOR CURRENT SERVICES RENDERED T 9110494MHOURS HOURLY TOTAL CURRENT WORK s►•" - RECAPITULATION T 0.30 $125.00 Page: 1 12/02/2016 306-9905193 13101 HOURS 0.30 0.30 37.50 TOTAL $37.50 37.50 $37,50 Page 354 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 Page: 1 CITY OF BOYNTON BEACH 12/0212016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905195 Boynton Beach FL 33425 STATEMENT NO: 13102 Attn: Lynn Swanson adv. Wells Fargo Bank, N.A. (Delhomme. Zelma, at. al.) 815 6th Avenue, Boynton Beach, Florida 33426 HOURS 11129/2016 FLN Reviewed Certificate of Sale. 0.10 FOR CURRENT SERVICES RENDERED 0.10 19.50 Z 10 i1*2 9 1 a TOTAL CURRENT WORK -TITF111,11441� RECAPITULATION HOURS HOURLY RATE TOTAL 0.10 $195-00 $19.50 19.50 Page 355 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Nationstar Mortgage, LLC (Meeks, Richard & Takeete) 11/21/2016 FLN Reviewed Motion for Judicial Default. FOR CURRENT SERVICES RENDERED t R t TOTAL CURRENT WORK t z ACCOUNT NO STATEMENT NO HOURS 0.10 0.10 RECAPITULATION HOURLYHOURS RATE 1 ■ TOTAL 0.10 i AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2016 306-9905200 13103 19.50 Page 356 of 960 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. Ditech Financial, LLC F/K/A Green Tree Servicing, LLC (Pulik, Robert, et al.) 11/21/2016 FLN Reviewed Plaintiffs Supplemental Witness List. ACCOUNT NO: STATEMENT NO: 11/29/2016 FLN Reviewed recently filed pleadings; case file; drafted closing memo/email to City Code staff ccing City CAO staff. FOR CURRENT SERVICES RENDERED I Nil Vrwil . TOTAL CURRENT WORK RECAPITULATION HOURS HOURLY RATE 0.60 $195.00 Page: 1 12/02/2016 306-9905201 13104 HOURS 0.10 0.50 0.60 117.00 TOTAL $117.00 117.00 $117.00 ...................... Page 357 of 960 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 v. Collet, Christopher HOURS 11/18/2016 SHB Review last chance agreement; discuss termination matters with Oldbury and JAC. 0.60 11/22/2016 SHB Receive and review correspondence from Oldbury and termination letter to Collet. Revise termination letter and follow up with Oldbury. Telephone conference with Oldbury. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY 1.50 $195.00 * r 0 @ 0 1 '.0 Page: 1 12/02/2016 306-9905204 13105 0.90 1.50 292,50 TOTAL $292.60 292.50 $292,50 Page 358 of 960 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 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905205 Boynton Beach FL 33425 STATEMENT NO: 13106 Attn: Lynn Swanson adv. Federal National Mortgage Association (FPM Properties, LLC, et al.) HOURS 11/21/2016 FLN Reviewed HOA's Notice of Filing Return of Service and Summons re: Answer, AD and XClaim it filed to Amended Complaint for Plaintiff on Co -Defendant Feng; Reviewed various notices of filing affidavits filed by Plaintiff re: documents intended to be used as evidence. 0.10 FOR CURRENT SERVICES RENDERED 0.10 19.50 RECAPITULATION TIMEKEEPERS HOURLY RATE TOTAL FARAH L. NERETTE 0.10 $195.00 $19.50 TOTAL CURRENT WORK 19.50 BALANCE DUE $19.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 359 of 960 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. Secured Holdings, Inc. TOTAL_ CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2016 306-9905206 13107 1,950.00 1,950.00 Page 360 of 960 HOURS 11/02/2016 JAC review status of pleadings and transition options; review Perry emails and related case issues 0.80 11/11/2016 JAC prepare for hearing 0.80 11/14/2016 JAC prepare for and attend hearing; follow up with attorneys regarding conference; follow up regarding sidewalk issue and removal options 3.60 11/15/2016 JAC follow up on hearing related issues and discuss with CG; prep documents for joint conference 1.10 11/17/2016 JAC Review settlement outline and evaluate pending cases/City options. 1.80 11/28/2016 JAC follow up with LL regarding QPODDIglobal settlement opportunity; call with EG's attorney regarding conference to discuss settlement; review global proposal and outline City optionstgoals and obligations 1.,90 FOR CURRENT SERVICES RENDERED 10.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 10.00 $195.00 $1,950m TOTAL_ CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2016 306-9905206 13107 1,950.00 1,950.00 Page 360 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. 3100 Ocean Pkwy Land Trust (Garcorp Holdings, LLC as Trustee) 11/04/2016 FLN Reviewed file to address status of disbursement to City. ACCOUNT NO: STATEMENT NO: HOURS 0.50 11/07/2016 FLN Reviewed information received from Clerk's office regarding surplus disbursement check; discussed discrepancy in check amount with OC via TIC and email. 0.70 11/08/2016 FLN TIC with Tax Deeds department re: surplus check amount discrepancy; reviewed court docket and file; drafted cover letter for check's return and follow up processing by clerk's office. 1.20 11/23/2016 FLN TIC with Maxine Cheeseman, Plaintiffs counsel re: status of check disbursement; discussed with office staff. 0.40 11/30/2016 FLN Reviewed message updates from Plaintiff Counsel's firm; Exchanged emails with Plaintiffs counsel re: status of disbursement check. 0.40 FOR CURRENT SERVICES RENDERED 3.20 RECAPITULATION TIMEKEEPER LY RATE TOTAL FARAH L. NERETTE 3.20 $195.00 $624.00 Photocopies TOTAL EXPENSES THRU 11/30/2016 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2016 306-9905209 13108 ZL500M 1.40 1.40 625.40 Page 361 of 960 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 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905210 Boynton Beach FL 33425 STATEMENT NO: 13109 Attn: Lynn Swanson adv. Ditech Financial, LLC (Daquay, Marcel, et al) 11/21/2016 FLN Reviewed Plaintiffs Motion to Substitute Party Plaintiff from Ditech Financial to Marcel Daquay; Reviewed HOA's Notice of Change of Attorney of Record. FOR CURRENT SERVICES RENDERED ;r, k Iq I 91 = TOTAL CURRENT WORK t HOURS RECAPITULATION HOURS HOURLY RATE TOTAL 1 $195.00 0,0 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 0.20 0.20 39.00 39.00 Page 362 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: I CITY OF BOYNTON EACH 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905221 Boynton Beach FL 33425 STATEMENT NO: 13110 Attn: Lynn Swanson adv. Bock, Sharon R., as Clerk & Comptroller for PBC HOURS 11/09/2016 FLN Reviewed file documents and court docket to prepare for next steps. 1.10 11/2112016 FLN Reviewed file documents and pleadings for status of matter and re: next steps. 0,60 FOR CURRENT SERVICES RENDERED 1.70 331.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL FARAH L. NERETTE 1.70 $195.00 331.50 TOTAL CURRENT WORK 331.50 BALANCE DUE $331Z0 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 363 of 960 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 v. Payne, Cody (Forfeiture of $18,719.00 in U.S. Currency) 11/09/2016 BJS Draft transmittal memorandum re: Settlement Agreement FOR CURRENT SERVICES RENDERED ACCOUNT NO: STATEMENT NO: RECAPITULATION TIMEKEEPER LY RATE BRIAN J. SHERMAN 0.30 $195.00 11/03/2016 Parking - Brian J. Sherman Parking TOTAL ADVANCES THRU 11/30/2016 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.30 0.30 011 Page: 1 12/02/2016 306-9905231 13111 3.00 3.00 3.00 61.50 Page 364 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (964) 771-4500 Page: 1 CITY OF BOYNTON BEACH 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905238 Boynton Beach FL 33425 STATEMENT NO: 13112 Attn: Lynn Swanson v. Emily Claire Baker HOURS 11/03/2016 SHB Receive and review proof of community service; confirm community service with humane society. Prepare and file nolle prosse. 0.60 FOR CURRENT SERVICES RENDERED 0.60 117.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.60 $195.00 $117.00 Photocopies 070 TOTAL EXPENSES THRU 11/30/2016 0.70 TOTAL CURRENT WORK 117.70 BALANCE DUE $11770 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 365 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: I CITY OF BOYNTON BEACH 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905241 Boynton Beach FL 33425 STATEMENT NO: 13113 Attn: Lynn Swanson Loan to Lizzie Hood HOURS 11/10/2016 SCW Review Note and Mortgage regarding Lizzie Hood. Meeting with David Tolces. Draft correspondence to Octavia Sherrod regarding note and mortgage. Telephonic conference with Christopher Mitchell. Draft correspondence to Mr. Mitchell. 0.60 FOR CURRENT SERVICES RENDERED 0.60 117.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHARI C. WALLEN 0.60 $195.00 $117.00 11/07/2016 Abramowitz Tax & Lien Service - Invoice 846864 205.00 205-00 TOTAL ADVANCES THRU 11/30/2016 205.00 TOTAL CURRENT WORK 322.00 BALANCE DUE $322.00 Page 366 of 960 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 Photocopies TOTAL EXPENSES THRU 11/3012016 TOTAL CURRENT WORK ACCOUNT NO: STATEMENT NO: Page: 1 12102/2016 306-9001821 13081 66.50 66.50 66.50 Page 367 of 960 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 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905039 Boynton Beach FL 33425 STATEMENT NO: 13114 Attn: Lynn Swanson adv. Freeman, Luanne (False Arrest) Billing Category: 18-RLO Claim #001470 -000348 -GB -01 11/10/2016 TAD Receipt and review of notice of production and subpoenas for Resivest Realty and Continental and prepare request for copies of records. Telephone conference with outside counsel re: witness depositions. Receipt of correspondence re: witness depositions and prepare response to same. Review deposition of plaintiff. Prepare outline for depositions of Matt Rounds and for Jack Rounds. 3.80 11/11/2016 TAD Receipt and review of correspondence from plaintiff and Davis counsel re: offer to settle. Receipt of correspondence from Davis counsel and plaintiff counsel re: depositions of witnesses. 0.30 11/14/2016 TAD Receipt and review of correspondence re: depositions of witnesses. Attend deposition of Matt Rounds. Attend deposition of Jack Rounds. Telephone conference with Davis counsel re: motions. Receipt of additional documents produced by plaintiff. 4.50 Page 368 of 960 HOURS 11/01/2016 TAD Prepare memorandum re: depositions of Plaintiff, Herny and Rowley and prepare correspondence re: same. 1.80 11/0212016 TAD Receipt and review notice of non-party production and subpoenas to Royal Palm, Bright Beginnings, Flagler College, Angel Feliciano, Palm Beach Dermatology, National Transmission, John Cleary, Dr. Speduto, Dr. Perez and Resolutions. Receipt of additional interrogatories to plaintiff. 0.90 11103/2016 TAD Receipt and review of correspondence from plaintiff re: and Davis counsel re: deposition of Dr. Rounds. Prepare request for non-party documents. 0.40 11/04/2016 TAD Receipt and review of correspondence re: deposition and service on Rounds. Receipt of response to same. 0.20 11/09/2016 TAD Receipt and review of correspondence from the City re: Freeman arrest. Receipt of correspondence from plaintiff counsel re: settlement. Confer with Davis counsel re: status and discovery. Confer with city re: information on plaintiff. 0.30 11/10/2016 TAD Receipt and review of notice of production and subpoenas for Resivest Realty and Continental and prepare request for copies of records. Telephone conference with outside counsel re: witness depositions. Receipt of correspondence re: witness depositions and prepare response to same. Review deposition of plaintiff. Prepare outline for depositions of Matt Rounds and for Jack Rounds. 3.80 11/11/2016 TAD Receipt and review of correspondence from plaintiff and Davis counsel re: offer to settle. Receipt of correspondence from Davis counsel and plaintiff counsel re: depositions of witnesses. 0.30 11/14/2016 TAD Receipt and review of correspondence re: depositions of witnesses. Attend deposition of Matt Rounds. Attend deposition of Jack Rounds. Telephone conference with Davis counsel re: motions. Receipt of additional documents produced by plaintiff. 4.50 Page 368 of 960 Page: 2 CITY OF BOYNTON BEACH 12/02/2016 ACCOUNT NO: 306-9905039 STATEMENT NO: 13114 adv. Freeman, Luanne (False Arrest) 11/18/2016 TAD Receipt and review of correspondence from plaintiff re: deposition exhibits. Receipt of correspondence from court reporter re: Rounds depositions. Prepare response to same. FOR CURRENT SERVICES RENDERED RECAPITULATION • ♦ • RATE I RAGEY A. DECARLO 12.50 $195.00 Photocopies TOTAL EXPENSES THRU 11/30/2016 TOTAL CURRENT WORK BALANCE DUE HOURS 0.30 12.50 2,437.50 TOTAL $2,437.50 52.50 52.50 2,490.00 $2,490,00 Page 369 of 960 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. Bertrand, Dieuseul (BBPD arrest) Billing Category 18-RLO Claim #001470 -000290 -GB -01 11/02/2016 TAD Attend deposition of Lietner and Deihl (did not go forward). Extended telephone conference with outside counsel re: status and potential settlement 11/04/2016 JAC attend deposition and follow up regarding index codes; review settlement options TAD Attend deposition of Crowell. Attend deposition of Magnanti. Confer with outside counsel re: offer. Receipt of settlement demand and correspondence re same. 11/07/2016 JAC review settlement offer/option and discuss with TD 11/29/2016 TAD Receipt and review of correspondence from outside counsel re: proposed resolution. Telephone conference with City re: settlement issues. Prepare correspondence to outside counsel re: settlement. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMESA.CHEROF TRACEY A. DECARLO TOTAL CURRENT WORK L7slW:1i;L KII RECAPITULATION HOURS HOURLY RATE 2.20 $195.00 8.70 195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2016 306-9905044 13115 HOURS 3.40 1.80 4.80 0.40 0.50 10.90 2,125.50 TOTAL $429.00 1,696.50 2,125.50 2,125.50 Page 370 of 960 GOREN, CHEROF, DOODY & EZROL, P,A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 Page: 1 CITY OF BOYNTON BEACH 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905056 Boynton Beach FL 33425 STATEMENT NO: 13116 Attn: Lynn Swanson adv. Laster, Torami (slip & fall) Billing Category 18-RLO Claim #001470 -000342 -GB -01 HOURS 11/0112016 TAD Receipt and review of request for admissions to plaintiff. Receipt of request for production to plaintiff and interrogatories to plaintiff. Receipt of motion for leave to amend. Receipt of medicare: affidavit for plaintiff. 0.40 11/03/2016 TAD Receipt and review of interrogatories and request for production to City. Prepare response to request for production. Prepare draft answers to interrogatories. 0.80 11/07/2016 JAC review discovery; call to LS regarding same 0.20 11/16/2016 TAD Receipt of notice of non-party production. Receipt of subpoena to Genex, Liberty mutual, Dr. Lipsman, One Call, Bone and Joint Center, Wellness Associates, and Poznak. Receipt of correspondence from plaintiff re: extension of time and prepare response to same. 1.30 11/18/2016 TAD Receipt and review of order on motion for leave to amend. Prepare motion to dismiss amended complaint. Prepare request for records from non-party subpoenas. 0.40 11/28/2016 TAD Receipt and review of correspondence from plaintiff re: settlement offer. Review documents. Prepare correspondence to city re: offer. Extended t/c with adjuster re: settlement. Revise discovery responses to include additional information. Prepare documents for production. 1.30 11/29/2016 DNM Receipt and reviewed documents from Plaintiffs attorney regarding a settlement package; and reviewed attached documents/CD. 1.10 TAD Receipt and review of certificate of non-appearance. Receipt of correspondence from plaintiff re: response to discovery. 0.20 TAD Receipt and review of plaintiffs response to request for production. 0.10 FOR CURRENT SERVICES RENDERED 5.80 1 ,054.00 Page 371 of 960 Page: 2 CITY OF BOYNTON BEACH 12/0212016 ACCOUNT NO: 306-9905056 STATEMENT NO: 13116 adv. Laster, Torami (slip & fall) TIMEKEEPER JAMES A. CHEROF DANIELLA M. NORMIL TRACEY A. DECARLO RECAPITULATION HOURS HOURLY RATE 0.20 $195.00 1.10 125.00 4.50 195.00 Photocopies TOTAL EXPENSES THRU 11/30/2016 TOTAL CURRENT WORK F.T., �n k IOLZI nol m * A 1,059.25 Page 372 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4600 Page: 1 CITY OF BOYNTON BEACH 1210212016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905062 Boynton Beach FL 33425 STATEMENT NO: 13117 Attn.- Lynn Swanson adv. Mina, German (slip & Fall) Billing Category: 18-RLO Claim #001470 -000340 -GB -01 Photocopies 2.45 TOTAL EXPENSES THRU 11130/2016 2.45 TOTAL CURRENT WORK 392.45 BALANCE DUE 1$392,45 Page 373 of 960 HOURS 11/15/2016 TAD Receipt and review of correspondence from adjuster re: status of claim and claim information. 030 11/28/2016 TAD Receipt of correspondence from investigator re: status. Prepare response to same. 0.30 11/29/2016 TAD Receipt and review surveillance report from investigator and correspondence re: same. Receipt of correspondence re Elias subpoena. Receipt of correspondence re: Deerfield Beach subpoena. 1.40 - FOR CURRENT SERVICES RENDERED 2.00 390.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECO 2.00 $195.00 $390.00 Photocopies 2.45 TOTAL EXPENSES THRU 11130/2016 2.45 TOTAL CURRENT WORK 392.45 BALANCE DUE 1$392,45 Page 373 of 960 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 12102/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905066 Boynton Beach FL 33425 STATEMENT NO: 13118 Attn: Lynn Swanson adv. Gregory, Mola (slip & fall) Billing Category: 18-RLO Claim #001470 -000341 -GB -01 11/11/2016 TAD Receipt and review of request for production to City. Receipt of interrogatories to plaintiff. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE HOURS RECAPITULATION HOURS HOURLY RATE TOTAL 0.40 $195.00 $78-00 0.40 0.40 78.00 78.00 Page 374 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson adv. Oldham, Dana (fall) Billing Category 18-RLO Claim #001470 -000346 -GB -01 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2016 306-9905069 13119 760.50 760.50 Page 375 of 960 HOURS 11/02/2016 TAD Receipt and review of correspondence from the City and plaintiff re: response to request for records. Review documents provided by City and prepare correspondence to City re: same. 1.80 11/03/2016 TAD Receipt and review of correspondence from City and plaintiff re: response to request for records. 0.20 11/11/2016 TAD Prepare to correspondence to city re: status. Receipt of correspondence from plaintiff re: response to discovery. Prepare motion to compel and notice of hearing on same. 1.30 11/18/2016 TAD Receipt and review of interrogatories to plaintiff. Receipt of request for production to plaintiff. Receipt of Any Kind answer and affirmative defenses. Prepare correspondence to plaintiff re: response to discovery. Prepare notice of hearing on motion to compel. 0.60 FOR CURRENT SERVICES RENDERED 3.90 RECAPITULATION TIMEKEEPER S HOURLY RATE TOTAL TRACEY A, DECARLO3.90 $195.00 $760.50 TOTAL CURRENT WORK AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2016 306-9905069 13119 760.50 760.50 Page 375 of 960 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 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905073 Boynton Beach FL 33425 STATEMENT NO: 13120 Attn: Lynn Swanson adv. Robinson, Bennie (false arrest) Billing Category 18-RLO Claim #001470 -000336 -GB -01 HOURS 11/04/2016 TAD Telephone conference with Harris counsel re: status. 0.20 11/08/2016 TAD Prepare litigation plan and budget. Review reported verdicts for inclusion in report. 2.30 11/11/2016 TAD Receipt and review of correspondence from Harris counsel re: request for records. Prepare correspondence to City re: IA and personnel files needed. 0.20 11/15/2016 TAD Receipt and review of correspondence re: required counsel meeting and 0.20 TAD prepare response to same. Receipt of correspondence re: response to 0.20 request for records. Review records from city re: history on officer. 1.30 11/16/2016 TAD Receipt of records re: Officer Harris and investigation re: disclosures. 2.30 11/18/2016 DNM Receipt and review of films/disc to send to Ben Bedard and save copy. 0.50 TAD Receipt and review of Harris Answer and Affirmative Defenses. Receipt of proposed joint status report. Receipt of correspondence re: status report and prepare response to same. Receipt of reports from City re: IA investigation and officers involved. 2.10 11/21/2016 DNM Drafted letter attaching a copy of the disc to Ben Bedard. 0.20 11/28/2016 TAD Attend counsel conference re: joint status report. Receipt of correspondence from Harris counsel re: status report. 0.60 11/29/2016 DNM Prepared and reviewed documents received from the City to send to Opposing Counsel, Ben Bedard. 0.60 DNM Draft email with document attachment to Mr. Bedard's office. 0.20 TAD Receipt and review of joint scheduling report and proposed order on same. 0.20 FOR CURRENT SERVICES RENDERED 10.70 1,981.50 Page 376 of 960 Page: 2 CITY OF BOYNTON BEACH 12/02/2016 ACCOUNT NO: 306-9905073 STATEMENT NO: 13120 adv. Robinson, Bennie (false arrest) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE DANIELLA M. NOR IL 1.50 $125.00 TRACEY A. DECARLO 9.20 195.00 Photocopies TOTAL EXPENSES THRU 11/30/2016 TOTAL CURRENT WORK ■ 036 0.35 1,981.85 Page 377 of 960 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 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 13121 Attn: Lynn Swanson adv. Galindez, Dennis (slip & fall) Billing Category: 18-RLO Claim #001470 -000330 -GB -01 HOURS 11/01/2016 TAD Review trial order resetting trial and prepare correspondence re: deadlines and changes. 0.30 11/10/2016 TAD Receipt and review 6th Request for production to City. Review prior requests re: same. Prepare correspondence to the City re: response to request. Receipt of correspondence from plaintiff counsel re: response to request for production. Receipt of request for records. Prepare correspondence to First Genesis counsel re: response to request for records. 1.00 11/11/2016 TAD Telephone conference with First Genesis counsel re: response to request for records and status of litigation. Receipt of correspondence and documents from City re: response to request for production. Prepare draft response to request for production . Prepare correspondence to plaintiff counsel re: response to 6th request. 1.40 11/15/2016 TAD Receipt and review of correspondence from plaintiff counsel re: response to discovery. Receipt of correspondence from City re: records from finance. 0.30 11/16/2016 DNM Organizing materials including depositions, pleadings and transcripts to produce to Michael Sastry on Friday. 6.70 DNM Telephone call to 11/17/2016 DNM Finishing packet containing pleadings, discovery and deposition documents for meeting with Mr. Michael Sastre 1.30 DNM Telephone call to Dr. Rouch's office to set up deposition dates. 0,10 11/18/2016 DNM Drafted a list of documents included in materials for Michael Sastre for meeting to review the file. 0.60 TAD Confer with First Genesis counsel re: status and discovery. Receipt of correspondence from First Genesis re: discovery. Receipt of supplemental response to request for production. Receipt of documents from City re: response to discovery from plaintiff. 0.80 11/28/2016 DNM Receipt and reviewed letter from Michael Sastre regarding obtaining further Page 378 of 960 Page: 2 CITY OF BOYNTON BEACH 12/02/2016 ACCOUNT NO: 306-9905083 STATEMENT NO: 13121 adv. Galindez, Dennis (slip & fall) documents regarding the case. DNM Draft email/letter to Michael Sastre regarding documents. DNM Telephone call from Karen at Gray Robinson regarding obtaining documents and records from our file. TAD Receipt and review of records from City re: response to request for production. Prepare response to 6th Request to City. Receipt of correspondence from Plaintiff counsel re: response to discovery. Review testimony and prepare for pre --deposition meetings with City employees. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RA DANIELLA M. NORMIL0 $125 r A- �� Photocopies TOTAL EXPENSES THRU 11/30/2016 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.20 020 0.20 2.40 15.50 2,371.50 TOTAL $1,162.50 1,209.00 142.10 142.10 2,513.60 $2,511160 Page 379 of 960 Attorneys at Law 3099 East Commercial Boulevard Suite 1! Fort Lauderdale, • • 1 Telephone 01 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 11/01/2016 TAD Review building code and ordianaces re: enforcement of code lien for response to complaint. 0.90 11/03/2016 TAD Review case law and statutory requirements re: response to complaint and counterclaims. Review building code provisions and ordinances re: nuisance abatement. 1.80 11/15/2016 TAD Receipt and review of correspondence regarding motion to dismiss and prepare response to same. Prepare correspondence to court re: proposed order. 11/29/2016 TAD Receipt and review of documents from City re: information on counterclaim. Prepare correspondence re: updated title search. Review case law re: counterclaim notice and elements. FOR CURRENT SERVICES RENDERED 11U.1191WRIM53 I 1 • TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 4.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2016 306-9905093 13122 0.40 1.20 4.30 838.50 TOTAL $838-50 838.50 $838.50 Page 380 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 Page: 1 CITY OF BOYNTON BEACH 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905097 Boynton Beach FL 33425 STATEMENT NO: 13123 Attn: Lynn Swanson adv. Baez, Estela (slip & fall) Billing Category 18-RLO Claim #001470 -000364 -GB -01 TOTAL CURRENT WORK 351.00 BALANCE DUE $351.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 381 of 960 HOURS 11/01/2016 TAD Receipt and review of correspondence from T Mobile re: response to subpoena. Telephone conference with T Mobile legal re: response to subpoena. Prepare correspondence to T Mobile legal re: additional information for response to subpoena. 0.30 11/03/2016 TAD Receipt and review of documents from T -Mobile in response to subpoena. 0.80 11/09/2016 TAD Receipt and review of correspondence re: response to offer and prepare response to same. 0.30 11/2912016 TAD Receipt and review of medical records and records from cell company re: claims. Receipt of correspondence from Leisureville and Plaintiff re: settlement. 0.40 FOR CURRENT SERVICES RENDERED 1.80 351.00 RECAPITULATION TIMEKEEPER U S HOURLY RATETOTAL TRACEY A. DECARLO 1. 80 $195.00 351.00 TOTAL CURRENT WORK 351.00 BALANCE DUE $351.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 381 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category -18RLO Claim #001470 -000369 -AB -01 HOURS 11/10/2016 TAD Receipt of correspondence from adjuster re: report. Review status of claims and prepare report to adjuster. Reveiw recent case law and reported verdicts re: information for inclusion in report. 3.10 Page: 1 12/02/2016 306-9905102 13124 11/11/2016 TAD Prepare motion to compel and notice of hearing on same. Extended telephone conference with adjuster re: claim information. Prepare second request for production to plaintiff and medicare affidavit. 1.60 11/29/2016 TAD Telephone call with adjuster re: prior claims. Receipt of correspondence from adjuster re: information on prior accidents and subsequent accident. 0.30 TAD Receipt and review of correspondence from adjuster re: information on subsequent accident involving plaintiff. 0.20 FOR CURRENT SERVICES RENDERED 5.20 1,014.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE_ TOTAL TRACEY A. DECARLO5.20 19500 $1,014.00 TOTAL CURRENT WORK 1,014.00 BALANCE DUE $1,014.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 382 of 960 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. Goldman, Barry (bike/grate accident) Billing Category: 18-RLO Claim #001470 -000373 -GB -01 HOURS 11/01/2016 TAD Receipt and review of order on motion for extension of time. 0.10 11/02/2016 TAD Confer with Groff re: trial setting and testimony. Confer with Plaintiff counsel re: trial. 0.20 11/14/2016 TAD Receipt of additional medical records re: plaintiffs treatment. Receipt of amended response to discovery from plaintiff. Review documents and prepare exhibits for deposition of plaintiff. Revise outline to include additional issues. 2.80 11/18/2016 TAD Receipt and review of plaintiff witness and exhibit list. 0.30 FOR CURRENT SERVICES RENDERED 3.40 RECAPITULATION TIMEKEEPER S HOURLY RATEAL TRACEY A. DECARLO3. 195.00 $66100 Photocopies TOTAL EXPENSES THRU 11/30/2016 TOTAL CURRENT WORK r Page: 1 12/02/2016 306-9905111 13125 663.00 7.35 7.35 670.35 Page 383 of 960 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. Harris, Byron (excessive force) Billing Category: 18-RLO Claim #001470 -000378 -PP -01 ACCOUNT NO STATEMENT NO 11/11/2016 TAD Receipt and review of correspondence from the City re: records request. Prepare correspondence to outside counsel re: same. 11/14/2016 TAD Receipt and review of information re: response to records request. Review case law re: same. Prepare response. 11/18/2016 TAD Receipt and review correspondence re: status. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TRACEYA.DECA RLO 0.80 $195.00 TOTAL CURRENT WORK �-T-' �WXL AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2016 306-9905117 13126 HOURS 0.20 0.50 0.10 0.80 156.00 TOTAL $156.00 156-00 $156,00 Page 384 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 Page: 1 CITY OF BOYNTON BEACH 12102/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905124 Boynton Beach FL 33425 STATEMENT NO: 13127 Attn: Lynn Swanson Broberg, Leif Complaint (2015) Billing Category: 18-RLO Claim #001470 -000390 -EP -01 HOURS 11107/2016 TAD Telephone conference with outside counsel re: motion to dismiss issues. 0.20 FOR CURRENT SERVICES RENDERED 0.20 39.00 I I ky, I g -j I ;gILS] WMAW TOTAL CURRENT WORK RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $195.00 $39.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 39,00 Page 385 of 960 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.Dunn, Jonathan (arrest without probable cause) Billing Category: 18-RLO Claim #001470 -000379 -PP -01 11/29/2016 TAD Receipt and review of correspondence from adjuster re: status and prepare response to same. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK RECAPITULATION HOURLYHOURS RATE 0.20 $195.00 Page: 1 12/02/2016 306-9905131 13128 HOURS 0.20 0.20 39.00 TOTAL $39.00 39.00 $39.00 Page 386 of 960 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 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905132 Boynton Beach FL 33425 STATEMENT NO: 13129 Attn: Lynn Swanson adv. Wade, George (auto accident) Billing Category: 18-RLO Claim #001470 -000380 -AB -01 11/03/2016 TAD Receipt and review of correspondence from plaintiff re: mediation and prepare response to same. 0.20 11/04/2016 TAD Receipt and review of correspondence re: response to discovery and mediation and prepare response to same. Receipt of records from Dr. Berger. Prepare outline of issues re: deposition of plaintiff. Review information on corporate web sites re: plaintiff company. 3.20 11/07/2016 TAD Extended telephone conference with adjuster re: claim status and information from plaintiff. Prepare draft jury instructions and verdict form. Review case law re: defense issues for citation in instructions. 4.80 11/08/2016 TAD Attend deposition of Plaintiff. Confer with plaintiffs counsel re: issues with claims and records. 7.30 11/09/2016 TAD Prepare second request for production to plaintiff re: plaintiffs testimony. 0.90 11/10/2016 TAD Revise trial witness list and exhibit list for inclusion with pre-trial stipulation. Receipt of notice of mediation. 0.90 11/11/2016 TAD Amend jury instructions and revise verdict form to include additional information. Receipt of correspondence re: response to request for production. Review additional case law re: damage issues for depositions and Page 387 of 960 HOURS 11/01/2016 TAD Prepare notice of non-party production and subpoenas to Dr. Rousch; Dr, Kabinoff and Golden. Extended telephone conference with Dr. Zeide (City expert) regarding opinions and additional information needed regarding review and opinions. Prepare City's objections to plaintiff exhibits and witnesses. Reveiw case law re: objections for inclusion with objections. 4.30 11/02/2016 TAD Review case law re: expert/treating testimony re: depositions and trial preparation. Telephone conference with Dr. Berger's office re: status of response to subpoena. 2.30 JAC review case/claim status 0.20 11/03/2016 TAD Receipt and review of correspondence from plaintiff re: mediation and prepare response to same. 0.20 11/04/2016 TAD Receipt and review of correspondence re: response to discovery and mediation and prepare response to same. Receipt of records from Dr. Berger. Prepare outline of issues re: deposition of plaintiff. Review information on corporate web sites re: plaintiff company. 3.20 11/07/2016 TAD Extended telephone conference with adjuster re: claim status and information from plaintiff. Prepare draft jury instructions and verdict form. Review case law re: defense issues for citation in instructions. 4.80 11/08/2016 TAD Attend deposition of Plaintiff. Confer with plaintiffs counsel re: issues with claims and records. 7.30 11/09/2016 TAD Prepare second request for production to plaintiff re: plaintiffs testimony. 0.90 11/10/2016 TAD Revise trial witness list and exhibit list for inclusion with pre-trial stipulation. Receipt of notice of mediation. 0.90 11/11/2016 TAD Amend jury instructions and revise verdict form to include additional information. Receipt of correspondence re: response to request for production. Review additional case law re: damage issues for depositions and Page 387 of 960 Page: 2 CITY OF BOYNTON BEACH 12/02/2016 ACCOUNT NO: 306-9905132 STATEMENT NO: 13129 adv. Wade, George (auto accident) HOURS trial. 3.20 11/14/2016 DNM Reviewed documents on to prepare trial binders and organize dates. 0.90 DNM Review and revise 0.20 DNM Review and revise documents to prepare trial binders and organize upcoming DANIELLA M. NORMIL 7.50 dates. 0.90 DNM Locating Dr. Raso's report that lists all prior MRI's before the accident. 2.10 TAD Receipt and review of correspondence from plaintiff re: mediation and prepare response to same. Receipt of proposed pre-trial stipulation and prepare changes to same. Prepare correspondence to plaintiff counsel re: changes to stipulation. 0.80 11/15/2016 TAD Prepare summary of deposition of plaintiff re: damage claims and information not produced for motions. Review surveillance and records re: information for expert. Review case law re: evidence issues with plaintiff history (medical and criminal). 3.70 11/17/2016 DNM Drafted email to Plaintiffs attorney regarding physician deposition dates. 0.40 DNM Telephone call to Dr. Louis Raso's office to get dates for upcoming deposition. 0.10 11/18/2016 TAD Receipt and review of correspondence from plaintiff re: information on wage claim. Receipt of correspondence from Marble Works re: contract with Wade. Receipt of correspondence from plaintiff re: IRS information. 0.40 11/23/2016 DNM Prepared Trial binder for upcoming calendar call for Tracy and Jim. 1.10 11/28/2016 DNM Meeting with Tracy regarding updates on the file and materials needed for calendar call this Friday. 0.30 DNM Prepared documents to send to Dr. Zeide office upon request to complete his review. 0.60 TAD Receipt and review of trial order re: exhibits and trial preparation. Prepare outline of issues for trial and meet with DN re: trial preparation. 0.80 11/29/2016 TAD Review plaintiff medical records and discovery responses re: pretrial motions and exhibits. Review case law re: exhibits for trial. Prepare memorandum re: deposition of plaintiff. 3.60 11/3012016 DNM Prepared Trial binder to include City's Exhibit list. 1.10 FOR CURRENT SERVICES RENDERED 44.10 8,074.50 RECAPITULATION TIMEKEEPER HOURS HOURLYTOTAL JAMESA.CHEROF 0.20 $195.00 $39.00 DANIELLA M. NORMIL 7.50 125.00 937.50 TRACEY A. DECARLO 36.40 195.00 7,098.00 Color photocopies 5.25 Photocopies 103.95 Page 388 of 960 Page: 3 CITY OF BOYNTON BEACH 12/02/2016 ACCOUNT NO: 306-9905132 STATEMENT NO: 13129 adv. Wade, George (auto accident) TOTAL EXPENSES THRU 11/30/2016 109.20 TOTAL CURRENT WORK 8,183.70 BALANCE DUE $8,18370 ----------------------------- Page 389 of 960 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. Rabelo, Raymond Billing Category: 18-RLO Claim #001470 -000391 -GB -01 ACCOUNT NO: STATEMENT NO: TOTAL CURRENT WORK P,TAIVA T[ AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2016 306-9905166 13130 273.00 273.00 Page 390 of 960 HOURS 11/01/2016 TAD Prepare letter to client re: medical examination of plaintiff. Receipt of collateral source interrogatories to plaintiff. 0.30 11/04/2016 TAD Receipt and review of request for production to plaintiff. Receipt of notice of non-party production and subpoenas to Pulmonary Specialists and Lincare Inc. 0.30 11/07/2016 TAD Receipt and review request for records from plaintiff. Receipt of correspondence re: mediation and prepare response to same. 0.30 11/09/2016 TAD Receipt and review of request for records. 0.10 11/18/2016 TAD Receipt and review of notice of mediation. Prepare correspondence to City re: same. Receipt of correspondence from the Meadows re: mediation. Prepare response to same. 0.40 FOR CURRENT SERVICES RENDERED 1.40 RECAPITULATION TIMEKEEPERLY RATE TOTAL TRACEY A. DECARLO 1.40 $195.00 273.00 TOTAL CURRENT WORK P,TAIVA T[ AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2016 306-9905166 13130 273.00 273.00 Page 390 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 Page: 1 CITY OF BOYNTON BEACH 12102/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905171 Boynton Beach FL 33425 STATEMENT NO: 13131 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim #001470 -000400 -PI -01 HOURS 11/07/2016 TAD Review motion for sanctions and exhibits and prepare for hearing on same. Review motion to dismiss and prepare for hearing on same. Prepare orders on motions. 2.40 11/09/2016 TAD Attend hearing on motion for sanctions and motion to dismiss. 3.80 11/11/2016 TAD Receipt and review of order on motion for sanctions. Receipt of correspondence from Hart counsel re: motions and prepare response to same. 0.20 11/1512016 TAD Prepare correspondence to plaintiff re: motion to dismiss. Receipt of correspondence from Hart counsel re: motions. 0.30 11/29/2016 TAD Telephone conference with judicial assistant re: motion to dismiss. Prepare correspondence to plaintiff counsel re: motion to dismiss. Receipt of response to same. Receipt of notice of hearing on Harris motion to dismiss. 0.40 FOR CURRENT SERVICES RENDERED 7.10 1,384.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO7.10 $195.00 $1,384.50 Photocopies 46.90 TOTAL EXPENSES THRU 11/30/2016 46.90 TOTAL CURRENT WORK 1,431.40 BALANCE DUE $1,431.40 Page 391 of 960 Page: 2 CITY OF BOYNTON BEACH 12/0212016 ACCOUNT NO: 306-9905171 STATEMENT NO: 13131 adv. Caliendo, Giovanni & Emily (code violation) kh0 !j 1-14ah lei Page 392 of 960 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: I CITY OF BOYNTON BEACH 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905186 Boynton Beach FL 33425 STATEMENT NO: 13132 Attn: Lynn Swanson adv. ShevIin, Patrick (false arrest) Billing Category: 18-RLO Claim #001470 -000395 -PP -01 HOURS 11/14/2016 JAC preliminary review of Complaint 0.60 FOR CURRENT SERVICES RENDERED 0.60 11117.00 mik i 133- W. -Wo 3 1 AN,•&I a TOTAL CURRENT WORK .`%'ECAPITULATION HOURS HOURLY RATE TOTAL 0.60 $195-00 $117.00 117.00 Page 393 of 960 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 12/0212016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905194 Boynton Beach FL 33425 STATEMENT NO: 13133 Attn: Lynn Swanson adv. Garcia, Carlos (MVA Police) Billing Category: 18 - RLO Claim ##001470 -00401 -AB -01 11/29/2016 TAD Receipt and review of correspondence from adjuster and City re: settlement. Receipt of release documents. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK I W-11,9[0121 Pill] HOURS RECAPITULATION HOURLYHOURS RATE TOTAL 0.30 $195.00 01W1W&-1J1 MAN] 0.30 0.30 58.50 58.50 EM Page 394 of 960 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. Coupet, Kenson (parent of child injured) Billing Category: 18 - RLO Claim #001470 -000405 -GB -01 11/03/2016 TAD Receipt and review of correspondence re: agreement. Review agreement re: indemnity demand. FOR CURRENT SERVICES RENDERED 11MIT141 Waim91 19M - TOTAL CURRENT WORK RECAPITULATION HOURLYHOURS 0.30 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page, 1 12/02/2016 306-9905213 13134 HOURS 0.30 0.30 58.50 TOTAL $58-50 58.50 $5&50 Page 395 of 960 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. Honacher, Jack (Baker Act Police) Billing Category: 18 - RLQ ACCOUNT NO: STATEMENT NO: 11/02/2016 TAD Telephone conference with plaintiff re: motion to quash and prepare correspondence re: same. 11/07/2016 TAD Receipt and review of correspondence from plaintiff re: motion to quash and prepare response to same. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPERL TRACEY A. DECARLO0.50 $195.00 Photocopies TOTAL EXPENSES THRU 11130/2016 TOTAL CURRENT WORK Page: 1 12/02/2016 306-9905215 13135 HOURS 0.30 0.20 0.50 97.50 TOTAL 97.50 1.40 ................... 1.40 98.90 Page 396 of 960 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, Gonzalez, Maria de Jesus (police) Billing Category: 18 - RLO Claim #001470 -000 -416 -PP -01 ACCOUNT NO: STATEMENT NO: 11/29/2016 TAD Receipt and review of correspondence from adjuster re: interview with plaintiff FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE HOURS 0.20 0.20 Page: 1 12/02/2016 306-9905234 13136 39-00 W Page 397 of 960 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. Victoria Fire & Casualty (alslo George Wade) Billing Category: 18-RLO Claim #001470 -000380 -AB -01 ACCOUNT NO: STATEMENT NO: 11/03/2016 JAC preliminary review and research regarding Victoria Fire subrogation claim TAD Receipt and review of complaint. Review statute re: claims and defense for motion to dismiss. 11/18/2016 TAD Prepare correspondence re: motion to dismiss and claim 11/22/2016 DNM Preparation of Trial binder for upcoming meetings For Tracy and Jim. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF DANIELLA M. NORMIL TRACEY A. DECARLO TOTAL CURRENT WORK RECAPITULATION 1.20 HOURLYHOURS RATE 1.20 $19&00 3.60 0.00 4.10 195.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 12/02/2016 306-9905243 13137 HOURS 1.20 3.80 0.30 3.60 8.90 1,033.50 TOTAL $234.00 0.00 799.50 1,033.50 $1,033.50 Page 398 of 960 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 12/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905245 Boynton Beach FL 33425 STATEMENT NO: 13138 Attn: Lynn Swanson adv. Freeney, James (bike accident) Billing Category: 15-RLO Claim #001470 -000420 -GB -01 HOURS 11118/2016 TAD Receipt and review of correspondence and pictures from City re: investigation . Receipt of correspondence from adjuster re: claim information. Receipt of claim letter. 0.20 FOR CURRENT SERVICES RENDERED 0.20 39.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO0.20 $195.00 $39.00 TOTAL CURRENT WORK 39.00 BALANCE DUE $39.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 399 of 960 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach November 15, 2016 Attn: Julie Oldbury Bill No. 35665 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Freeman v. Boynton Beach 16133 Claim: NIA BILL FOR FEES AND COSTS THROUGH 10/31/16 Date is Attorney Hours 10/07/16 Review/Analyze Luanne Freeman video deposition. DPC 1.40 10/10/16 Preparation of Re -Notice of Taking Video Deposition of Matt DPC 0.10 Rounds. 10/10/16 Review/Analyze Luanne Freeman deposition transcript with DPC 1.50 exhibits. 10/10/16 Review/Analyze Brett Rowley deposition transcript with exhibits. DPC 0.20 10/10/16 Research of file to determine relevant documents in support of KLR 1.20 pre -deposition meeting with Officer Davis on October 10, 2016. 10/10/16 Preparation of pre -deposition meeting with Nasim Davis. BLB 1.20 10/10/16 Attendance at pre -deposition meeting with Nasim Davis. BLI3 2.40 10/11/16 Research of deposition testimony of Brett Rowley for any new KLR 0.70 information for possible future discovery. 10/12/16 Attendance at Plaintiffs deposition of Officer Nasim Davis. BLB 2.00 10/14/16 Correspondence to Julie Oldbury re: deposition summary of DPC 0.60 Officer Cory Herny. 10/18/16 Communicate/Other External telephone call from East Texas DPC 0.10 Anesthetic Associates re our Subpoena for records and advising Dr. Rounds retired in 2011 and currently lives in Florida. 10/20/16 Research of deposition testimony of Luanne Freeman for any KLR 1.80 new information for possible future discovery. 10/24/16 Receipt and review of Correspondence from Steve Logan re: DPC 0.40 proposed Motion for. Protective Order on City of Boynton Beach's request for medical and phone records and issues regarding same. Page 400 of 960 Client: City of Boynton Beach November 15, 2016 Matter: 16133 - Freeman v. Boynton Beach Page 2 Date Services orn ours 10/24/16 Receipt and review of Correspondence from Tracey DeCario to DPC 0.40 Steve Logan re: issues regarding proposed Motion for Protective Order and cannot agree to same. 10/24/16 Receipt and review of Plaintiffs Supplemental Response to City DPC 0.50 of Boynton Beach's Request to Produce. 10/26/16 Meeting with partner and associate to discuss future action KLR 0.60 needed resulting from Plaintiff recent deposition, and strategizing other future action needed as discovery cutoff is mid- November, for trial in June 2017. 10/26/16 Meeting with partner and paralegal to discuss future action SWK 0.60 needed resulting from Plaintiff recent deposition, and strategizing other future action needed as discovery cutoff is mid- November, for trial in June 2017. 10/26/16 Meeting with associate and paralegal to discuss future action BLB 0.60 needed resulting from Plaintiff recent deposition, and strategizing other future action needed as discovery cutoff is mid- November, for trial in June 2017. 10/31/16 Draft/Revise City of Boynton Beach's notice of conflict for trial. DPC 0.40 PROFESSIONALVIC Code Name Hours Rate Amount BLB Benjamin L. Bedard, Partner 620 165.00 1,023.00 DPC Danna P. Clement, Partner 5.60 165.00 924.00 KLR Kathryn L. Reeves, Paralegal 4.30 80.00 344.00 SWK Stephanie W. Kaufer, Associate 0.60 140.00 84.00 Total Professional Services 16.70 DISBURSEMENTS Date Description Amount 10/31/16 Photocopies 1.50 Total Disbursements $1.50 Page 401 of 960 Client: City of Boynton Beach Matter: 16133 - Freeman v. Boynton Beach Balance Forward: Payments & Adjustments: November 15, 2016 Page 3 9 376-60 1,868.00 -0.00 P 244.50 Page 402 of 960 PLLC ROBERTS,REYNOLDS, r 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax 1D No. 65-0004867 City of Boynton Beach Attn: Julie Oldbury P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Kimsey v. Boynton Beach & Brooks Claim #NIA BILL FOR FEES AND COSTS THROUGH 10/31/16 • November 15, 2016 Bill No. 35664 032 12364 Date Services Attorney Hours 10/03/16 Multiple communications with Mary Krhovsky re: advising she is DPC 0.20 adjuster on file and status of Estate. Code Name DPC Danna P. Clement, Partner Total Professional Services Balance Forward: Payments & Adjustments: Total Due: Hours Rate Amount 0.20 165.00 33.00 0.20 $33.00 $ 33.00 24.00 -24.00 33.00 Page 403 of 960 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax 1D No. 65-0004867 City of Boynton Beach November 11, 2016 Attn: Julie Oldbury Bill No. 35586 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Harris v. Boynton Beach 16110 Claim # BILL FOR FEES AND COSTS THROUGH 10/31/16 Date Services Attorney Hours 08/11/16 Draft/Revise correspondence to Harriet Lewis, Esq. re: status LHR 0.20 of Defendant, Boynton Beach's Request for Copies dated June 7, 2016 pursuant to Defendant, Medeiros' Notice of Production from Non Party dated May 20, 2016, 09/27/16 Receipt and review of e-mail from Oscar Marrero, Esq. re: LHR 0.20 questions pertaining to depositions of Plaintiffs witnesses Clifford Henfield and Rev. Whitely. 09/28/16 Preparation of e-mail to all counsel re: cancellation of LHR 0.20 deposition of Clifford Henfield due to his being in Court today. 10/01/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.60 summary of deposition of Rev. Ray Whitely. 10/01/16 Correspondence to City Risk Manager Juiie Oldbury re: LHR 0.20 Plaintiffs Notice of Taking Video Deposition of Sgt. Sedrick Aiken. 10/01/16 Preparation of Second Re -Notice of Taking Deposition Duces LHR 0.20 Tecum of Dr. Carol Adami. 10/01/16 Preparation of Subpoena for Deposition Duces Tecum of Dr. LHR 0.10 Carol Adami. 10/01/16 Preparation of Second Re -Notice of Taking Deposition Duces LHR 0.20 Tecum of Dr. Brianna Garrett, 10/01/16 Preparation of Subpoena for Deposition Duces Tecum of Dr. LHR 0.10 Brianna Garrett. 10/01/16 Preparation of Notice of Taking Deposition Duces Tecum of Dr. LHR 0.20 Maged Habib. 10/01/16 Preparation of Subpoena for Deposition Duces Tecum of Dr. LHR 0.10 Maged Habib. Page 404 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 2 9, Date Services Attorney Hours 10/01/16 Preparation of Notice of Taking Deposition Duces Tecum of LHR 0.20 Deputy Sheriff McCutchen. 10/01/16 Preparation of Subpoena for Deposition Duces Tecum of LHR 0.10 Deputy Sheriff McCutchen. 10/01/16 Review Materials to draft motion to strike, witness, Darion King. ABE 0.70 10/01/16 Research Case law and Rule in favor of motion to strike ABE 1.70 witness, Darion King, for providing incorrect last known address on Rule 26 disclosures. 10/01/16 Review records (444 pgs) pertaining to Plaintiff, Byron Harris, RKD 4.50 received from Charlotte County Clerk of Court pursuant to public records request to identify any additional defense leads. 10/02/16 Preparation of Motion to Strike Charlene Edwards as a AGA 1.20 Witness. 10/02/16 Correspondence to Linnes Finney, counsel for Plaintiff, re: AGA 0.30 Motion to Strike Charlene Edwards as a Wetness. 10/02/16 Continued Review of materials and depositions for use in ABE 2.70 drafting motion for summary judgment. 10/02/16 Review records (254 pgs) pertaining to Plaintiffs passenger, RKD 2.50 Ashley Hill, received from Charlotte County Clerk of Court pursuant to public records request to identify any additional defense leads. 10/03/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Chief Katz. 10/03/16 Telephone conference with City Paralegal Lynn Swanson re: LHR 0.30 depositions of Chief Katz, Officer Thomas, and Sgt. Llopis, and meetings with Sgt. Aiken and Sgt. Llopis. 10/03/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Officer Ray Thomas. 10/03/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Sgt. Aiken and pre -deposition meeting, 10/03/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.10 depositions of Chief Katz, Officer Thomas, and Officer Llopis. 10/03/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.10 depositions of Chief Katz, Officer Thomas, and Officer Llopis. 10/03/16 Telephone conference with Reception and Medical Center re: RKD 0.20 status of medical records pertaining to Plaintiff, Byron Harris. 10/03/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.90 summary of deposition of defense expert Chuck Joyner, 10/03/16 Receipt and review of email response from Plaintiffs counsel LHR 0.10 Finney re: deposition of Chief Katz. 10/03/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: deposition of Chief Katz. Page 405 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 3 Date Services Attorney Hours 10/03/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 to Sgt. Aiken re: his deposition and need for pre -deposition meeting. 10/03/16 Preparation of email response to Plaintiffs counsel Finney re: LHR 0.10 deposition of Chief Katz. 10/03/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 requesting review/inspection of documentation pursuant to City's Response to Plaintiffs Third Request to Produce. 10/03/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.20 acknowledging request for review/inspection of documentation pursuant to City's Response to Plaintiffs Third Request to Produce and advising same to be conducted at City as statements contained on their computer system. 10/03/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Farkas re: reviewlinspection of documentation pursuant to City's Response to Plaintiffs Third Request to Produce at City Hall. 10/03/16 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Finney re: review/inspection of documentation pursuant to City's Response to Plaintiffs Third Request to Produce at City Hall. 10/03/16 Preparation of e-mail to Plaintiffs counsel Farkas re: follow up LHR 0.20 concerning depositions of witnesses and treating physicians well as need for addresseslbetter addresses of Jessica Val, Stephanie Civil, and Darion King. 10/03/16 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Finney re: depositions of witnesses and treating physicians and status of addresses/better addresses of Jessica Val, Stephanie Civil, and Darion King. 10/03/16 Receipt and review of e-mail from Plaintiffs counsel Finney re: LHR 0.20 advising of issues with recording of mechanics' inspection of subject vehicle, and need for new copy of same. 10/03/16 Receipt and review of Plaintiffs Notice of Continuation of Video LHR 0.20 Deposition Duces Tecum of Chief Jeffrey Katz. 10/03/16 Preparation of e-mail to City Paralegal Lynn Swanson with prior LHR 0.20 deposition transcript of Chief Katz for providing to Chief for review for his upcoming continued deposition. 10/03/16 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.20 deposition of Sgt. Aiken and potential additional meeting with Chief Katz prior to his upcoming continued deposition, 10/03/16 Preparation of final draft Defendant, City of Boynton Beach's LHR 0.80 Supplemental Response to Plaintiffs Request to Produce. 10/03/16 Preparation of responsive records for Defendant, City of RKD 0.50 Boynton Beach's Supplemental Response to Plaintiffs Request to Produce. Page 406 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 4 Date Services Attorney Hours 10/03/16 Preparation of emaii response to Plaintiff's counsel Finney re: LHR 0.20 review/inspection of documentation pursuant to City's Response to Plaintiffs Third Request to Produce at City Hall. 10/03/16 Two telephone conferences with Sgt. Picciano re: Plaintiffs RKD 0.30 inspection of witness statements from closed Internal Affairs files. 10/03/16 Receipt and review of email response from City Paralegal Lynn LHR 0.10 Swanson re: additional meeting with Chief Katz prior to his upcoming continued deposition. 10/03/16 Preparation of correspondence to Linnes Finney, Jr., Esq. and LHR 0.40 Julia Farkas, Esq. re: defense expert, Chuck Joyner's outline for presentation at trial. Additionally, provided video of inspection of Plaintiff, Byron Harris' vehicle. 10/03/16 Preparation of e-mail to Co -Defendant's counsel Burke re: LHR 0.10 meeting with Chief Katz. 10/03/16 Receipt and review of extensive records received from LHR 2.20 Charlotte County Sheriffs Office pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell pursuant to public records request. 10/03/16 Receipt and review of e-mail from defense expert, Chuck LHR 0.10 Joyner re: presentation outline and articles pursuant to Linnes Finney, Esq.'s request. 10/03/16 Receipt and review of defense expert, Chuck Joyner's LHR 1.40 presentation outline and articles pursuant to Linnes Finney, Esq.'s request. 10/03/16 Telephone conference with Charlotte County Clerk of Court re: RKD 0.20 status of records pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. 10/03/16 Receipt and review of correspondence from Oscar Marrero, LHR 0.20 Esq. re: Exhibit 3 to the deposition of Plaintiffs expert, Roy Bedard. 10/03/16 Receipt and review of recorded statement of Plaintiff, Byron LHR 0.50 Harris received from Charlotte County Sheriffs Office pursuant to public records request. 10/03/16 Receipt and review of recorded statement of Lauren (Ashely) LHR 0.40 Hill received from Charlotte County Sheriffs Office pursuant to public records request pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. 10/03/16 Receipt and review of recorded statement of Rosa Marie LHR 0.40 Purifory received from Charlotte County Sheriffs Office pursuant to public records request pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. 10/03/16 Receipt and review of first recorded statement of Christopher LHR 0.30 Beaton received from Charlotte County Sheriffs Office pursuant to public records request pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. Page 407 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v, Boynton Beach Page 5 Date Services Attorney Hours 10/03/16 Receipt and review of second recorded statement of LHR 0.30 Christopher Beaton received from Charlotte County Sheriffs Office pursuant to public records request pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. 10/03/16 Receipt and review of recorded statement of Robert Moynihan LHR 0.40 received from Charlotte County Sheriffs Office pursuant to public records request pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. 10/03/16 Receipt and review of recorded statement of Matthew Gatlin LHR 0.30 received from Charlotte County Sheriffs Office pursuant to public records request pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. 10/03/16 Receipt and review of second recorded statement of Plaintiff, LHR 0.40 Byron Harris received from Charlotte County Sheriffs Office pursuant to public records request pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. 10/03/16 Receipt and review of recorded statement of Teresa Shepard LHR 0.30 received from Charlotte County Sheriffs Office pursuant to public records request pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. 10/03/16 Receipt and review of recorded statement of Fred Stark LHR 0.30 received from Charlotte County Sheriffs Office pursuant to public records request pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell. 10/03/16 Receipt and review of certified records received from Palm LHR 0.50 Beach County Circuit Criminal Court Clerk pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell pursuant to public records request. 10/03/16 Detailed analysis of voluminous emaiis from City of Boynton AGA 4.50 Beach to determine whether they are privileged or exempt from public disclosure and whether they are responsive to Plaintiffs Request to Produce 03, Request V. 10/03/16 Preparation of Notice of Taking Deposition Duces Tecum of LHR 0.20 Deputy Sheriff K. Knight. 10/03/16 Preparation of Subpoena for Deposition Duces Tecum of LHR 0.10 Deputy Sheriff K. Knight. 10/03/16 Preparation of Notice of Taking Deposition Duces Tecum of LHR 0.20 Deputy Sanjeev Ramasawmi. 10/03/16 Preparation of Subpoena for Deposition Duces Tecum of LHR 0.10 Deputy Sheriff Sanjeev Ramasawmi. 10/03/16 Preparation of Re -Notice of Taking Deposition of Tiesha Mack LHR 0.20 10/03/16 Preparation of Subpoena for Deposition to Tiesha Mack. LHR 0.10 10/03/16 Preparation of Re -Notice of Taking Deposition of Clifford LHR 0.20 Henfield Page 408 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 6 PROFESSIONAL Date Services Attorney Hours 10/03/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: additional pre -deposition meeting with Chief Katz for his upcoming continued deposition. 10/03/16 Receipt and review of email response from Attorney Michael LHR 0.20 Burke, representing Chief Katz in Broberg case, re: acknowledging our meeting with Chief Katz in this matter and his not attending same. 10/03/16 Preparation of e-mail to Attorney Michael Burke, representing LHR 0.10 Chief Katz in Broberg case, re: advising meeting with Chief Katz canceled due to City's need for preparations for Hurricane Matthew. 10/03/16 Preparation for Plaintiffs deposition of Sgt. Sedrick Aiken's, LHR 1.20 meeting with Plaintiffs counsel Linnes Finney and Sgt. Picciano to review witness statements on City computer system, and pre -deposition meeting with Chief Katz, all scheduled for the following day. 10/03/16 Receipt and review of e-mail from Tracey DeCarlo, Esq. re: LHR 0.10 deposition transcripts pertaining to Plaintiff, Byron Harris. 10/03/16 Initial preparation of Motion to strike, witness, Darion King. ABE 2.20 10/03/16 Receipt and review of voluminous documents and recordings LHR 3.50 received from the City of Boynton Beach as responsive to Plaintiffs Request for Production. 10/04/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Notice of Continuation of Video Deposition Duces Tecum of Chief Jeffrey Katz. 10/04/16 Preparation of e-mail to all counsel re: issues with continued LHR 0.20 deposition of Chief Katz due to impending Hurricane Matthew. 10/04/16 Preparation of e-mail to Plaintiffs counsel Finney and Farkas LHR 0.20 re: issues with document review meeting today due to Police Department being in full storm preparation mode due to impending Hurricane Matthew. 10/04/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Marrero re: acknowledging need for cancellation of continued deposition of Chief Katz due to impending Hurricane Matthew. 10/04/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Sgt. Aiken. 10/04/16 Receipt and review of e-mail from Sgt. Picciano re: advising LHR 0.20 police department in hurricane preparation mode. 10/04/16 Telephone conference with Sgt. Picciano re: questions LHR 0.20 pertaining to Plaintiffs requests for witness statements related to Internal Affairs files. Page 409 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 7 Date Services Attorney Hours 10/04/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: deposition of Sgt. Aiken and potential cancellation of pre -deposition meeting with Chief Katz due to impending Hurricane and City's need for preparation. 10/04/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: potential cancellation of pre -deposition meeting with Chief Katz due to impending Hurricane and City's need for preparation. 10/04/16 Receipt and review of Dr. Zeide's Addendum to CME Report LHR 0.60 concerning Plaintiff Harris. 10/04/16 Preparation of Re -Notice of Taking Deposition of Cornelius LHR 0.20 Edwards. 10/04/16 Preparation of Subpoena for Deposition to Cornelius Edwards. LHR 0.10 10/04/16 Preparation of Re -Notice of Taking Deposition of Henry Michael LHR 0.20 Edwards ll. 10/04/16 Preparation of Subpoena for Deposition to Henry Michael LHR 0.10 Edwards II. 10/04/16 Preparation of Re -Notice of Taking Deposition of Rev. Richard LHR 0.20 Dames. 10/04/16 Preparation of Subpoena for Deposition to Rev. Richard LHR 0.10 Dames. 10/04/16 Preparation of Notice of Taking Deposition Duces Tecum of Dr. LHR 0.20 Phil Heller. 10/04/16 Preparation of Subpoena for Deposition Duces Tecum to Dr. LHR 0.10 Phil Heller. 10/04/16 Attendance at Plaintiffs videotaped deposition of Sgt. Sedrik LHR 2.80 Aiken in West Palm Beach, FL. 10/04/16 Receipt and review of e-mail from Dr. Michael Zeide re. LHR 0.10 Addendum pursuant to CME report pertaining to Plaintiff, Byron Harris. 10/04/16 Review Continued review of materials and depositions for A E 2.50 preparation of Motion for Summary Judgment. 10/05/16 Preparation of correspondence to Oscar Marrero, Esq. re: LHR 0.30 Exhibit 3 to the deposition transcript of Plaintiffs expert, Roy Bedard. 10/05/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.20 re: upcoming closed door session and confirmation of date certain for same. 10/05/16 Preparation of correspondence to Julie Oldbury re: LHR 0.30 Pre -Mediation Analysis of File and Opinion. 10/05/16 Preparation of Pre -Mediation Analysis of File and Opinion. LHR 6.30 10/05/16 Receipt and review of Plaintiffs Notice of Cancellation of LHR 0.10 Deposition of Chief Katz. Page 410 of 960 Client: City of Boynton Beach November 11, 2016 Matter. 16110 - Harris v. Boynton Beach Page 8 Date Services Attorney Hours 10/05/16 Preparation of correspondence to Julie Oldbury re: Addendum LHR 0.30 to CME Report pertaining to Plaintiff, Byron Harris. 10/05/16 Preparation of correspondence to Linnes Finney re: Addendum LHR 0.30 to CME Report pertaining to Plaintiff, Byron Harris, 10/05/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: upcoming closed door session. 10/05/16 Preparation of Notice of Taking Deposition Duces Tecum of Dr. LHR 0.20 Majid Shams. 10/05/16 Preparation of Subpoena for Deposition Duces Tecum to Dr. LHR 0.10 Majid Shams, 10/05/16 Preparation of Notice of Taking Deposition Duces Tecum of Dr. LHR 0.20 Adam White. 10/05/16 Preparation of Subpoena for Deposition Duces Tecum to Dr. LHR 0.10 Adam White. 10/05/16 Preparation of Notice of Taking Deposition Duces Tecum of LHR 0.20 Nicholas Tiscione. 10/05/16 Preparation of Subpoena for Deposition Duces Tecum to LHR 0.10 Nicholas Tiscione, 10/05/16 Preparation of Notice of Taking Deposition Duces Tecum of Dr. LHR 0.20 Garry Beauzile. 10/05/16 Preparation of Subpoena for Deposition Duces Tecum to Dr. LHR 0.10 Garry Beauzile. 10/05/16 Preparation of Notice of Taking Deposition of Jessica Val. LHR 0.20 10/05/16 Preparation of Subpoena for Deposition to Jessica Val. LHR 0.10 10/05/16 Receipt and review of e-mail from Brit excess adjuster Christine LHR 0.20 O'Brien re: her potential attendance at phone by Mediation. 10/05/16 Preparation of email response to Brit excess adjuster Christine LHR 0.20 O'Brien re: advising of issues with attendance at phone by Mediation if same conducted at Jail and need for her to be present in person due to current demand & nature of case. 10/05/16 Receipt and review of second e-mail from Brit excess adjuster LHR 0.10 Christine O'Brien re: acknowledging issues with attendance at phone by Mediation and her attendance in person at Mediation. 10/05/16 Receipt and review of third email from Brit excess adjuster LHR 0.10 Christine O'Brien re: upcoming Mediation and potential locations for same. 10/05/16 Preparation of second e-mail response to Brit excess adjuster LHR 0.10 Christine O'Brien re: upcoming Mediation and potential locations for same. 10/05/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 1.30 summary of deposition of Sgt. Sedrick Aiken. Page 411 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 9 Date Services Attorney Hours 10/05/16 Receipt and review of executed errata sheet pursuant to the LHR 0.10 deposition of Dr. Craig Lichtblau pertaining to Plaintiff, Byron Harris. 10/05/16 Receipt and review of correspondence from Dr. Jonathan Rapp LHR 0.20 re: status of medical records pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 10/05/16 Receipt and review of letter of no records received from State LHR 0.20 of Florida Department of Corrections - Central Office - Community Corrections pertaining to Plaintiff, Byron Harris pursuant to executed authorization. 10/05/16 Research Regarding failure to train in use of reasonable force ABE 2.20 and alleged "police brutality" for Motion for Summary Judgment. 10/06/16 Review records pertaining to Plaintiff, Byron Harris, received RKD 2.10 from Delray Medical Center (1 pg), Wayne Barton Center (1 pg), Palm Springs Police Department (1 pg), School District of Palm Beach County, Burger King (1 pg), Dr. Phil Heller (21 pgs), Charlotte County Sheriffs Office (182 pgs) to identify any additional defense leads. 10/07/16 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.10 upcoming closed door session. 10/07/16 Review/Analyze the Complaint and deposition of Byron Harris JHL 2.40 to prepare for Motions in Limine. 10/07/16 Review/Analyze the Complaint and deposition of Leif Broberg to JHL 2.50 prepare for Motions in Limine. 10/07/16 Review/Analyze of the deposition of Officer Montieth in JHL 1.30 preparation for the Motions in Limine. 10/07/16 Initial preparation of Motion for Summary Judgment. A E 4.80 10/08/16 Receipt and review of extensive records received from LHR 2.00 Charlotte County Sheriffs Office pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell pursuant to public records request. 182 pgs. 10/08/16 Preparation of Continued prep of Motion for Summary ABE 3.40 Judgment. 10/08/16 Detailed analysis of 650 emails (out of over 1300 emails) with AGA 4.50 attachments produced by the City in response to Plaintiffs request for emails using search term "Byron Harris" in preparation for response to Plaintiff's Request for Production. 10/09/16 Detailed analysis of State Attorney's records and Plaintiffs AGA 2.30 deposition transcript to compile Plaintiffs extensive prior criminal history and his allegations of incidents of prior abuse by police officers in preparation for upcoming shade conference with the City of Boynton Beach. 10/09/16 Preparation for closed door shade meeting session with City LHR 1.90 Council the next day. Page 412 of 960 Client: City of Boynton beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 10 Date Services Attorney Hours 10/09/16 Preparation of Continued prep of Motion for Final Summary ABE 4.20 Judgment. 10/10/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: upcoming closed door session. 10/10/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.20 re: upcoming closed door session and depositions of Chief Katz, Officer Thomas, and Sgt. Llopis. 10/10/16 Revise and finalize Motion to Strike Darion King. AGA 0.40 10/10/16 Correspondence to Julia Farkas, counsel for Plaintiff, re: City of AGA 0.30 Boynton Beach's Motion to Strike Charlene Edwards as Witness. 10/10/16 Telephone conference with Dr. Phil Heller re: deposition RKD 0.20 pertaining to Plaintiff, Byron Harris. 10/10/16 Preparation of e-mail to Tracey DeCarlo, Esq. re: deposition RKD 0.10 transcript pertaining to Plaintiff, Byron Harris. 10/10/16 Review file to obtain Plaintiffs convictions, Plaintiffs injuries RKD 1.50 and status of same, Defendants who have plead their 5th Amendment rights, and Plaintiffs allegations of other instances of abuse by police departments, in preparation for City of Boynton Beach's closed door meeting, 10/10/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: depositions of Chief Katz, Officer Thomas, and Sgt. Llopis. 10/10/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 to Chief Katz, Officer Thomas, and Sgt. Llopis re: their depositions. 10/10/16 Preparation of Notice of Compliance to Defendant, Medeiros' LHR 0.30 Request for Copies dated September 9, 2016. 10/10/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Medeiros' Request for Copies dated September 9, 2016. 10/10/16 Preparation of Notice of Compliance to Defendant, Maiorino's LHR 0.30 Request for Copies dated September 12, 2016. 10/10/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Maiorino's Request for Copies dated September 12, 2016. 10/10/16 Preparation of Notice of Compliance to Defendant, Ryan's LHR 0.30 Request for Copies dated.September 9, 2016. 10/10/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Ryan's Request for Copies dated September 9, 2016. 10/10/16 Preparation of Notice of Compliance to Defendant, Herny's LHR 0.30 Request for Copies dated September 6, 2016. 10/10/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Herny's Request for Copies dated September 6, 2016. 10/10/16 Telephone conference with Dr. Phil Heller re: issues with his LHR 0.20 deposition and resolution of same. Page 413 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 11 -9 • Date Services Attorney Hours 10/10/16 Attendance at shade meeting with Mayor and City Council at LHR 3.20 City Hall in Boynton Beach, FL. 10/10/16 Review/Analyze deposition notice of officer Montieth, Leif JHL 0.20 Broberg, and Ashley Hill in preparation for Motion in Limine. 10/10/16 Review/Analyze deposition transcript of Ashley Hill re JHL 1.80 preparation of our Motions in Limine. 10/11/16 Preparation of correspondence to all defense counsel re: LHR 0.30 deposition transcript of defense expert, Dr. Michael Zeide pertaining to Plaintiff, Byron Harris. 10/11/16 Preparation of e-mail to Dr. Phil Heller re: Re -Notice of Taking LHR 0.20 Depositoin Duces Tecum and requesting invoice & W-9. 10/11/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Sgt. Jason Llopis. 10/11/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Chief Jeffrey Katz. 10/11/16 Preparation of e-mail to Plaintiffs counsel Mr. Finney and Ms. LHR 0.20 Farkas re: deposition of Sgt. Llopis, continued deposition of Chief Katz, status of deposition of Officer Thomas, and status of meeting at City to review statements per his request. 10/11/16 Preparation of e-mail to ail defense counsel re: deposition LHR 0.10 transcript of Angela Edwards pertaining to Plaintiff, Byron Harris. 10/11/16 Receipt and review of e-mail from Brit excess adjuster Christine LHR 0.20 O'Brien re: her questions concerning upcoming Mediation and if Hill and Braswell should be required to attend for potential global settlement due to their Notices of Claim. 10/11/16 Preparation of email response to Brit excess adjuster Christine LHR 0.20 O'Brien re: answering her questions concerning upcoming Mediation and advising should not proceed as global Mediation including Hill and Braswell as neither have filed suit to date, and input concerning same. 10/11/16 Receipt and review of Affidavit of Service for Palm Beach LHR 0.10 County Sheriffs Office pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 10/11/16 Receipt and review of e-mail from Dr. Phil Heller re: his LHR 0.20 deposition and providing invoice & W9. 10/11/16 Receipt and review of second e-mail from Brit excess adjuster LHR 0.10 Christine O'Brien re: acknowledging input concerning upcoming Mediation. 10/11/16 Draft/Revise Correspondence to Plaintiffs Counsel, Linnes AGA 0.20 Finney, Jr., Esq. & Julia A. Farkas, Esq. re: Motion to Strike witness, Darion King. 10/11/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Mr. Schwartz re: acknowledging input as upcoming witness, family member, and treating physician depositions. Page 414 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 12 Date Services Attorney Hours 10/11/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Mr. Jolly re: acknowledging input as upcoming witness, family member, and treating physician depositions. 10/11/16 Preparation of correspondence to Corizon Health, Inc. re: LHR 0.30 status of medical records pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 10/11/16 Telephone conference with Harriet Lewis, Esq. re: index codes LHR 0.20 for City of Boynton Beach. 10/11/16 Preparation of Notice of Compliance to Defendant, Herny's LHR 0.30 Request for Copies dated September 6, 2016. 10/11/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Herny's Request for Copies dated September 6, 2016. 10/11/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 last known address of Darion King. 10/11/16 Preparation of Notice of Compliance to Defendant, Harris' LHR 0.30 Request for Copies dated September 2, 2016. 10/11/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Harris' Request for Copies dated September 2, 2016. 10/11/16 Preparation of Notice of Compliance to Defendant, Maiorino's LHR 0.30 Request for Copies dated September 12, 2016. 10/11/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Maiorino's Request for Copies dated September 12, 2016. 10/11/16 Preparation of Notice of Compliance to Defendant, Medeiros' LHR 0.30 Request for Copies dated September 9, 2016. 10/11/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Medeiros' Request for Copies dated September 9, 2016. 10/11/16 Receipt and review of extensive medical records from Columbia LHR 1.00 Hospital pertaining to Plaintiff, Byron Harris pursuant to executed authorization. 10/11/16 Receipt and review of Defendant Medeiros' Notice of Adopting LHR 0.40 Defendant City's Supplemental Rule 26 Disclosures. 10/11/16 Review records received from Columbia Hospital (99 pgs) RKD 1.20 pertaining to Plaintiff, Byron Harris, to identify any additional treating physicians, insurance providers, or other defense leads. 10/11/16 Telephone conference with Co -Defendant's counsel Robert LHR 0.30 Schwartz re: upcoming depositions and discussions concerning same for purposes of coverage to avoid cancellation. 10/11/16 Preparation of Continued prep of Motion for Summary ABE 6.60 Judgment. 10/11/16 Review/Analyze the deposition transcript of Byron Harris in JHL 2.50 preparation of our Motions in Limine. 10/11/16 Review/Analyze the deposition transcript of Jeffrey Braswsell in JHL 1.70 preparation of drafting our Motions in Limine. Page 415 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 13 Date Services Attorney Hours 10/12/16 Preparation of Re -Notice of Taking Deposition of Darion King. LHR 0.20 10/12/16 Preparation of Subpoena for Deposition to Darion King. LHR 0.10 10/12/16 Preparation of e-mail to Harriet Lewis, Esq. re: Boynton Beach LHR 0.10 Police Department's index code 302. 10/12/16 Receipt and review of email response from Harriet Lewis, Esq. LHR 0.10 re: Boynton Beach Police Department's index code 302. 10/12/16 Preparation of copies of Boynton Beach Police Departments RKD 0.20 index code 302 pursuant to Harriet Lewis, Esq, Request. 10/12/16 Telephone conference with Attorney Andrew Step, counsel for LHR 0.20 GEO Group, re: deposition of Dr. Majid Shams, answering his questions concerning same, and his finding out what his employment status was in 2013 as he believes Dr. Shams has been gone from their group for 10 years. 10/12/16 Telephone conference with Armor Correctional Health Services RKD 0.20 re: status of update medical records pertaining to Plaintiff, Byron Harris. 10/12/16 Telephone conference with Tracey DeCarlo, Esq. re: confirm RKD 0.20 City's Response to Plaintiff's Fourth Request for Production ok to file. 10/12/16 Receipt and review of Court's executed Order Requiring Jeffrey LHR 0.20 Braswell to Show Cause Why He Should Not be Held in Contempt of Court. 10/12/16 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed Order Requiring Jeffrey Braswell to Show Cause Why He Should Not be Held in Contempt of Court. 10/12/16 Preparation of final draft Defendant, Boynton Beach's LHR 0.40 Response to Plaintiff, Byron Harris' Fourth Request to Produce. 10/12/16 Preparation of correspondence to Julie Oldbury re: Boynton LHR 0.30 Beach's Response to Plaintiff, Byron Harris' Forth Request for Production. 10/12/16 Preparation of correspondence to Julie Oldbury re: medical LHR 0.70 records summary pertaining to Plaintiff, Byron Harris. 10/12/16 Telephone conference with Dr. Maged Habib re: issues with his LHR 0.20 deposition and attempting to resolve same. 10/12/16 Review/Analyze the deposition transcript of Angela Edwards in JHL 1.80 preparation of drafting our Motions in Limine. 10/12/16 Draft/Revise (Initial) Motions in Limine for trial purposes. JHL 4.90 10/13/16 Receipt and review of e-mail from Oscar Merraro, Esq. re: LHR 0.10 missing flash drive containing Exhibit 3 pursuant to deposition of Plaintiff, Byron Harris' Expert, Roy Bedard. 10/13/16 Preparation of email response to Oscar Merraro, Esq. re: LHR 0.10 missing flash drive containing Exhibit 3 pursuant to deposition of Plaintiff, Byron Harris' Expert, Roy Bedard. Page 416 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 14 s Date Services Attorney Hours 10/13/16 Receipt and review of second e-mail from Oscar Merraro, Esq. LHR 0.10 re: missing flash drive containing Exhibit 3 pursuant to deposition of Plaintiff, Byron Harris' Expert, Roy Bedard. 10/13/16 Receipt and review of e-mail from Nicholas Tiscione re: issues LHR 0.20 with his deposition and attempting to resolve same. 10/13/16 Receipt and review of Defendant Herny's Request for Copies to LHR 0.20 Defendant City of Boynton Beach for records received pursuant to our Notice of Production from Non -Party dated September 16, 2016. 10/13/16 Continued preparation of Defendant City's Motion for Summary ABE 5.70 Judgment. 10/13/16 Extensive telephone conference with Andy Step, counsel for LHR 0.30 GEO Group, re: confirming Dr. Shams retired from their company in 2006, therefore they cannot produce him for deposition and will be disregarding subpoena for deposition which was served. 10/13/16 Draft/Revise continued drafting of Motions in Limine for Trial JHL 3.40 Purposes. 10/13/16 Receipt and review of Return of Service of Subpoena for LHR 0.10 Deposition Duces Tecum to Nicholas Tiscione 10/13/16 Receipt and review of Return of Service of Subpoena for LHR 0.10 Deposition Duces Tecum to Dr. Maged Habib. 10/13/16 Receipt and review of Return of Service of Subpoena for LHR 0.10 Deposition Duces Tecum to Dr. Majid Shams. 10/13/16 Review of Plaintiffs medical records, Plaintiffs deposition, and NSM 2.50 Plaintiffs answers to interrogatories in order to prepare for the upcoming depositions of Plaintiffs treating physicians, Dr. Adam White, Dr. Majid Shams, and Dr. Garry Beauzile. 10/14/16 Receipt and review of Affidavit of Service for Dr. Phil Heller LHR 0.10 pursuant to Subpoena to Testify at Deposition pertaining to Plaintiff, Byron Harris. 10/14/16 Receipt and review of Affidavit of Service for Dr. Ishan LHR 0.10 Gunawardene pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 10/14/16 Receipt and review of Affidavit of Service of Subpoena Duces LHR 0.10 Tecum to Dr. Carol Adami. 10/14/16 Receipt and review of Affidavit of Service of Subpoena to LHR 0.10 Tiesha Mack. 10/14/16 Receipt and review of Return of Non -Service of Subpoena for LHR 0.10 Deposition to Darion King. 10/14/16 Correspondence to Plaintiffs counsel Finney with renewed LHR 0.20 Motion to Strike Witness Darion King. 10/14/16 Preparation of Re -Notice of Taking Deposition Duces Tecum of LHR 0.20 Dr, Majid Shams. Page 417 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 15 -• • Date Services Attorney Hours 10/14/16 Preparation of Notice of Cancellation of Deposition of Nicholas LHR 0.20 Tiscione. 10/14/16 Preparation of correspondence to Palm Beach County Sheriffs LHR 0.30 Office re: status of update records pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 10/14/16 Preparation of correspondence to Dr. Ishan Gunawardene re: LHR 0.30 status of update records pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 10/14/16 Receipt and review of Verified Return of Service of Subpoena LHR 0.10 for Deposition to Clifford Henfield, 10/14/16 Receipt and review of Verified Return of Service of Subpoena LHR 0.10 for Deposition Duces Tecum to Dr. Carol Adami. 10/14/16 Receipt and review of Verified Return of Service of Subpoena LHR 0.10 for Deposition to Tiesha Mack. 10/14/16 Receipt and review of Verified Return of Service of Subpoena LHR 0.10 for Deposition Duces Tecum to Dr. Phil Heller. 10/14/16 Obtain better address for serving Dr. Majid Shares with RKD 0.30 subpoena for deposition. 10/14/16 Telephone conference with Social Security Administration re: LHR 0.20 status of records pertaining to Plaintiff, Byron Harris pursuant to executed authorization. 10/14/16 Obtain alternate addresses for serving subpoenas for RKD 0.40 depositions to Sanjeev Ramasawmi and Dr. Brianna Garrett. 10/14/16 Draft/Revise revisions to Motion in Limine for trial purposes. JHL 2.60 10/14/16 Preparation of revisions to City's proposed Motion to Strike AGA 0.70 Darion King to add update details re: latest attempt at service. 10/14/16 Extensive telephone conference with Oscar Marrero, Esq. re: LHR 0.50 answering questions pertaining to witnesses subpoenaed for deposition by City of Boynton Beach and their role in present litigation. 10/14/16 Detailed analysis of Bethesda Radiology Associates P.A. AGA 0.80 records in preparation for the deposition of Dr. Adami. 10/15/16 Receipt and review of extensive update records received from LHR 3.00 Palm Beach County Sheriffs Office pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 10/15/16 Legal research Legal research re: battery and de minimis ABE 1.80 injuries. 10/15/16 Preparation of extensive revisions to Defendant City of Boynton LHR 2.50 Beach's Motion for Final Summary Judgment. 10/15/16 Detailed analysis of Bethesda Memorial Hospital records in AGA 1.50 preparation for the deposition of Dr. Garrett. Page 418 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 16 Date Services Attorney Hours 10/15/16 Detailed analysis of Greenacres Police Department records AGA 1.10 including incident report, probable cause affidavit, victim statement, State Attorney records and photos regarding Plaintiffs arrest on 1114113 in preparation for the depositions of DIS Knight and DIS Ramasawmi. 10/16/16 Detailed analysis of Dr. Heller's records including forensic AGA 2.60 evaluations from 2002 and 2007 of Plaintiff in preparation of deposition of Dr. Heller. 10/16/16 Research of Weschler Intelligence Scale for Children, Bender AGA 3.30 Visual Motor Gestalt Test, House -Tree -Person Test, and Competence Assessment for Standing Trial for Defendants with Mental Retardation (CAST -MR) in preparation for the upcoming deposition of Dr. Heller. 10/17/16 Receipt and review of Return of Service of Subpoena for LHR 0.10 Deposition to Rev. Richard Dames, 10/17/16 Two telephone conferences with Deputy McCutchen re: his LHR 0.30 upcoming deposition and his questions concerning same. 10/17/16 Preparation of Re -Notice of Taking Deposition of DIS P LHR 0.20 McCutchen. 10/17/16 Telephone conference with Deputy Sheriff McCutchen re his AGA 0.20 upcoming deposition. 10/17/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 deposition of Sgt. Llopis, continuation deposition of Chief Katz, and inspection to review witness statements at City. 10/17/16 Preparation of e-mail to Sgt. Picciano, BBPD, re: inspection of LHR 0.20 witness statement contained on PD system. 10/17/16 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.20 deposition of Sgt. Llopis and continuation deposition of Chief Katz. 10/17/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Bruce Jolly re: upcoming hearing on Motion to Show Cause to Braswell. 10/17/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Bruce Jolly re: upcoming witness and treating physician depositions. 10/17/16 Manage Data/Files organize case jaw for Motions in Limine. JHL 0.80 10/17/16 Preparation of additional revisions to City's proposed Motion for AGA 1.90 Summary Judgment as to Memorandum of Law. 10/17/16 Preparation of additional revisions to City's proposed Motion for AGA 1.80 Summary Judgment as to Statement of Undisputed Facts. 10/17/16 Receipt and review of Return of Service of Subpoena for LHR 0.10 Deposition Duces Tecum to DIS K. Knight. 10/17/16 Receipt and review of Return of Non -Service of Subpoena for LHR 0.10 Deposition Duces Tecum to DIS Sanjeev Ramasawmi. Page 419 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 17 1=14144*1[01,91F-11OW4WALid Date Services Attorney Hours 10/17/16 Receipt and review of Return of Non -Service of Subpoena for LHR 0.10 Deposition Duces Tecum to Dr. Brianna Garrett. 10/17/16 Preparation for Court Ordered Hearing requiring Jeffrey LHR 0.60 Braswell to show cause as to why he should not be held in contempt before Magistrate David Lee Brannon the next day. 10/17/16 Receipt and review of Sun Sentinel Article re: shade meeting. LHR 0.30 10/17/16 Receipt and review of Return of Service of Subpoena for LHR 0.10 Deposition to Jessica Val. 10/17/16 Receipt and review of email response from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Sgt. Llopis and continuation deposition of Chief Katz. 10/17/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Marrero re: upcoming depositions of Dr. Adami, Dr. Garrett, Dr. Heller, and DIS Knight. 10/18/16 Telephone conference with Dr. Ishan Gunawardene re: status RKD 0.20 of medical records pertaining to Plaintiff, Byron Harris. 10/18/16 Obtain alternate addresses for serving subpoenas for RKD 0.40 depositions to Cornelius Edwards and Henry Michael Edwards, ll. 10/18/16 Receipt and review of e-mail from Michael Burke, Esq. re: LHR 0.20 deposition transcript of Byron Harris and Dr. Manuel Montes de Oca. 10/18/16 Preparation of email response to Michael Burke, Esq. re: LHR 0.10 deposition transcript of Byron Harris and Dr. Manuel Mantes de Oca. 10/18/16 Receipt and review of second e-mail from Michael Burke, Esq. LHR 0.10 re: deposition transcript of Byron Harris and Dr. Manuel Montes de Oca. 10/18/16 Preparation of deposition transcript of Byron Harris for Michael RKD 0.50 Burke, Esq. 10/18/16 Preparation for depositions of Tiesha Mack, Cornelius Edwards, ABE 2.80 Clifford Henfield, Henry Michael Edwards (despite no service yet, and Rev. Richard Dames the next day, including review of file materials. 10/18/16 Receipt and review of letter of no records received from Dr. LHR 0.20 Ishan Gunawardene pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 10/18/16 Receipt and review of letter of no records received from Delray LHR 0.20 Medical Center pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 10/18/16 Telephone conference with Sgt. Picciano re: meeting with LHR 0.20 Plaintiffs counsel to review witness statements on City PD's system. 10/18/16 Preparation of e-mail to Sgt. Picciano re: meeting with Plaintiffs LHR 0.20 counsel to review witness statements on City PD's system. Page 420 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 -Harris v. Boynton Beach Page 18 Date Services Attorney Hours 10/18/16 Receipt and review of Plaintiffs Re -Notice of Continuation of LHR 0.20 Video Deposition Duces Tecum of Chief Jeffrey Katz. 10/18/16 Receipt and review of Plaintiffs Notice of Continuation of LHR 0.20 Videotaped Deposition of Sgt. Jason Llopis. 10/18/16 Telephone conference with Sgt. Picciano re: witness AGA 0.30 statements to IA Files requested by Plaintiff in Plaintiffs Third Request to Produce. 10/18/16 Preparation of revisions to Statement of Facts to include more AGA 1.10 facts re: custom, policy, and practice. 10/18/16 Receipt and review of Defendant Alfred Martinez' Notice of LHR 0.40 Adopting Co -Defendant City's Supplemental Disclosures. 10/18/16 Receipt and review of Defendant Alfred Martinez' Expert LHR 0.50 Witness Disclosure for Trial. 10/18/16 Receipt and review of email from Town Risk Manager Daisy LHR 0.20 Sand re: meeting with Sgt. Drown. 10/18/16 Preparation of second email to Town Risk Manager Daisy Sand LHR 0.10 re: meeting with Sgt. Drown. 10/18/16 Receipt and review of letter of no records received from LHR 0.20 Corizon Health pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 10/18/16 Attendance at Court ordered hearing on Motion to Show Cause LHR 1.60 before Magistrate Brannon at US District Courthouse in West Palm Beach, FL (service issues with Mr. Braswell caused continuance of hearing). 10/18/16 Telephone conference with Plaintiffs counsel Linnes Finney re: LHR 0.30 agreement on Mediation attendance. 10/18/16 Preparation of City's Supplemental Response to Plaintiff, Byron LHR 0.70 Harris' Request to Produce. 10/18/16 Preparation of of CD containing documents for City's RKD 0.50 Supplemental Response to Plaintiff, Byron Harris' Request to Produce. 10/18/16 Draft/Revise Proposed Agreed Order on Motion to Strike AGA 0.30 Witness Charlene Edwards. 10/18/16 Review of Plaintiffs deposition and police records in order to NSM 1.20 prepare for the upcoming depositions of PBSO Deputy McCutcheon and Jessica Val. 10/18/16 Attendance at deposition of Dr. Adami in West Palm Beach, FL AGA 0.50 (no show; obtained Certificate of Non -Appearance). 10/18/16 Attendance at deposition of Dr. Heller in West Palm Beach, FL. AGA 2.50 10/18/16 Attendance at deposition of Deputy Sheriff Knight in West Palm AGA 1.60 Beach, FL. 10/18/16 Draft/Revise Motion in Limine re Boynton Beach Police JHL 1.90 Department's Prior Bad Acts. Page 421 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 19 Date Services Attorney Hours 10/18/16 Receipt and review of Verified Return of Service of Subpoena LHR 0.10 for Deposition to Dr, Adam White. 10/18/16 Receipt and review of Return of Non -Service of Subpoena for LHR 0.10 Deposition to Cornelius Edwards. 10/18/16 Receipt and review of Return of Non -Service of Subpoena for LHR 0.10 Deposition to Henry Michael Edwards li. 10/18/16 Receipt and review of Notice from Clerk of Entry of Mintues LHR 0.20 Proceeding for Hearing on Motion to Show Cause. 10/18/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Marrero re: upcoming depositions of Mack, C. Edwards, H. Edwards, Henfield, & Rev. Dames. 10/18/16 Preparation of email response to Co -Defendant's counsel LHR 0.10 Marrero re: upcoming depositions of Mack, C. Edwards, H. Edwards, Henfield, & Rev. Dames. 10/18/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Schwartz re: upcoming witness, physician, and deputy depositions. 10/18/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Jolly to Co -Defendant's counsel Schwartz re: upcoming witness, physician, and deputy depositions. 10/18/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.20 Bruce Jolly re: his questions concerning Mediation and necessity for attendance by Defendants. 10118/16 Preparation of email response to Co -Defendant's counsel LHR 0.20 Bruce Jolly re: answering his questions concerning Mediation and advising it is our understanding that only Plaintiff, his counsel, and City and its counsel are required to attend Mediation in person, but any other counsel or Defendant can attend if they so wish. 10/18/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Bruce Jolly re: acknowledging answers to his questions concerning upcoming Mediation. 10/18/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Schwartz re: upcoming witness, deputy, and physician depositions. 10/18/16 Receipt and review of e-mail from Dr. Phil Heller re: requesting LHR 0.10 fee for additional deposition time. 10/18/16 Preparation of email response to Dr. Phil Heller re: LHR 0.10 acknowledging request for fee for additional deposition time and requesting statement for same. 10/18/16 Receipt and review of second e-mail from Dr. Phil Heller re: LHR 0.10 status of providing statement for additional deposition time. 10/18/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Stephens re: deposition of Darion King. Page 422 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 20 Date Services Attorney Hours 10/18/16 Preparation of email response to Co -Defendant's counsel LHR 0.10 Stephens re: deposition of Darion King and confirmation of cancellation of same. 10/18/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Lewis re: upcoming witness, deputy, and physician depositions. 10/18/16 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.10 continued deposition of Chief Katz and deposition of Sgt. Llopis. 10/18/16 Receipt and review of email response from City Paralegal Lynn LHR 0.10 Swanson re: continued deposition of Chief Katz and deposition of Sgt. Llopis. 10/18/16 Preparation of second email to City Paralegal Lynn Swanson LHR 0.10 re: deposition of Officer Thomas. 10/18/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 to Officer Ray Thomas re: his deposition. 10/18/16 Receipt and review of third email from Dr. Heller re: invoice for LHR 0.20 additional deposition time. 10/18/16 Receipt and review of e-mail from defense expert Chuck Joyner LHR 0.20 re: latest invoice for services, advising some charges removed due to extensive work necessary on case, and revised trial attendance charges to only require actual travel expenses. 10/18/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Farkas re: deposition of Officer Ray Thomas. 10/18/16 Preparation of second e-mail response to Plaintiffs counsel LHR 0.10 Farkas re: deposition of Officer Ray Thomas. 10/19/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Notice of Taking Video Deposition of Sgt. Jason Llopis and Notice of Taking Continuation Videotaped Deposition of Chief Jeffrey Katz. 10/19/16 Receipt and review of Court's Order Resetting Show Cause LHR 0.20 Hearing Requiring Jeffrey Braswell to Show Cause Why He Should Not be Held in Contempt of Court. 90/19/16 Extensive telephone conference with Dr. Adam White re: his LHR 0.30 deposition and answering his questions concerning same. 10/19/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 status of deposition of Officer Ray Thomas and inspection of witness statements. 10/19/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.20 status of deposition of Officer Ray Thomas and inspection of witness statements. 10/19/16 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 Order Resetting Show Cause Hearing Requiring Jeffrey Braswell to Show Cause Why He Should Not be Held in Contempt of Court. Page 423 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 21 1 Date Services Attorney Hours 10/19/16 Correspondence to witness Jeffrey Braswell re: Court's Order LHR 0.20 Resetting Show Cause Hearing Requiring Jeffrey Braswell to Show Cause Why He Should Not be Held in Contempt of Court. (to be formally served on him per Court's directives). 10/19/16 Receipt and review of Return of Service of Subpoena for LHR 0.10 Deposition Duces Tecum to Dr. Garry Beauzile. 10/19/16 Receipt and review of Return of Service of Subpoena for LHR 0.10 Deposition Duces Tecum to Dr. Garry Beauzile. 10/19/16 Receipt and review of e-mail from Mediator Patrick Massa re: LHR 0.10 upcoming Mediation. 10/19/16 Preparation of email response to Mediator Patrick Massa re: LHR 0.10 upcoming Mediation. 10/19/16 Receipt and review of Affidavit of Service for Armor LHR 0.10 Correctional Health Services pursuant to subpoena duces tecum pertaining to Byron Harris. 10/19/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Schwartz to Mediator Patrick Massa re: upcoming Mediation. 10/19/16 Telephone conferences with Clifford Henfield re: his deposition. AGA 0.30 10/19/16 Telephone conference with Jeffrey Braswell's attorney Chris LHR 0.30 Keith re: upcoming hearing on Motion to Show Cause concerning his client Jeffrey Braswell. 10/19/16 Correspondence to Plaintiffs counsel Finney re: confirmation of LHR 0.30 discussions as to individual Defendants and their counsel not required to attend Mediation and status of finalizing location and input on same. 10/19/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Bruce Jolly re: confirming he will be attending upcoming Mediation, however, his client Stephen Maiorino will not 10/19/16 Preparation of e-mail to all defense counsel re: deposition LHR 0.10 transcript of Sedrick Aiken. 10/19/16 Preparation of deposition transcript of Sedrick Aiken for all RKD 0.50 defense counsel. 10/19/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Oscar Marrero re: confirming he will be attending upcoming Mediation on behalf of Defendant Justin Harris. 10/19/16 Preparation of correspondence to Julie Oldbury re: City's LHR 0.30 Supplemental Response to Plaintiffs Third request to Produce. 10/19/16 Receipt and review of City Paralegal Lynn Swanson re: LHR 0.10 deposition of Officer Ray Thomas. 10/19/16 Telephone conference with Sgt. Picciano re: witness RKD 0.20 statements to IA Files requested by Plaintiff in Plaintiffs Third Request to Produce. Page 424 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 22 PROFESSIONALI Date Services Attorney Hours 10/19/16 Preparation of second email to Plaintiffs counsel Farkas re: LHR 0.20 deposition of Officer Ray Thomas and meeting for inspection of witness statements at BBPD. 10/19/16 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Farkas re: deposition of Officer Thomas & inspection of witness statements at City. 10/19/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: deposition of Officer Ray Thomas. 10/19/16 Preparation of third email to Plaintiffs counsel Farkas re: LHR 0.10 deposition of Officer Ray Thomas. 10/19/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Finney re: issues with witness statement inspection as need same prior to deposition of Chief and discussions concerning same. 10/19/16 Two telephone conferences with Sgt. Picciano re: witness RKD 0.30 statements to IA Files requested by Plaintiff in Plaintiffs Third Request to Produce. 10/19/16 Preparation of e-mail to Town Risk Coordinator Daisy Sand and LHR 0.30 claims adjuster Stephen Schofield re: Plaintiffs anticipated Notice of Claim letter and photos of subject sidewalk and requesting Town confirm no prior complaints reported for subject area. 10/19/16 Attendance at depositions of Tiesha Mack, Clifford Henfield, AE 4.40 Cornelius Edwards, Henry Michael Edwards, and Rev. Richard Dames at the offices of US Legal in West Palm Beach, Florida (Tiesha Mack appeared, but did not sit for her deposition, Cornelius Edwards and Henry Michael Edwards did not appear). 10/19/16 Preparation of Notice of Compliance to Defendant, Matthew LMR 0.30 Medeiros' Request for Copies dated September 9, 2016. 10/19/16 Preparation of Notice of Compliance to Defendant, Stephen LHR 0.30 Maiorino's Request for Copies dated September 12, 2016. 10/19/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Matthew Medeiros' Request for Copies dated September 9, 2016. 10/19/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Stephen Maiorino's Request for Copies dated September 12, 2016. 10/19/16 Draft/Revise Motion in Limine re Leif Broberg. JHL 1.20 10/19/16 Receipt and review of Affidavit of Non -Service of Subpoena LHR 0.10 Duces Tecum for Deposition to Dr. Majid Shams. 10/19/16 Receipt and review of Affidavit of Non -Service of Subpoena for LHR 0.10 Deposition to Henry Michael Edwards (for additional service attempts). Page 425 of 960 Client: City of Boynton Beach November 11 2016 Matter: 16110 - Harris v. Boynton Beach Page 23 Date Services Attorney Hours 10/20/16 Receipt and review of e-mail from Plaintiffs counsel Finney re: LHR 0.20 depositions of Charlene Edwards and Teisha Mack. 10/20/16 Initial preparation of Defendant City's Motion to Strike Witness ABE 1.20 Teisha Mack. 10/20/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 follow up concerning requested inspection of City's witness statements and continued issues concerning same. 10/20/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.20 status of requested inspection of City's witness statements and continued issues concerning same and advising agreeable to resetting deposition of Chief Katz if necessary to complete inspection first. 10/20/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: upcoming deposition of Sgt. Llopis and potential attendance of PBA counsel. 10/20/16 Receipt and review of Plaintiffs Notice of Taking Videotaped LHR 0.20 Deposition of Officer Ray Thomas. 10/20/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiff's Notice of Taking Videotaped Deposition of Officer Ray Thomas. 10/20/16 Preparation of Notice of Compliance to Defendant, Michael LHR 0.30 Brown's Request for Copies dated September 7, 2016. 10/20/16 Preparation of Notice of Compliance to Defendant, Justin LHR 0.30 Harris' Request for Copies dated September 2, 2016, 10/20/16 Preparation of Notice of Compliance to Plaintiff, Byron Harris' LHR 0.30 Request for Copies dated September 2, 2016. 10/20/16 Preparation of Notice of Compliance to Defendant, Cory LHR 0.30 Herny's Request for Copies dated September 6, 2016. 10/20/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Michael Brown's Request for Copies dated September 7, 2016. 10/20/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Justin Harris' Request for Copies dated September 2, 2016, 10/20/16 Preparation of records for Notice of Compliance to Plaintiff, RKD 0.50 Byron Harris' Request for Copies dated September 2, 2016. 10/20/16 Preparation of records for Notice of Compliance to Defendant, RKD 0.50 Cory Herny's Request for Copies dated September 6, 2016. 10/20/16 Correspondence to Dr. Phil Heller re: additional deposition fee. LHR 0.20 10/20/16 Attendance at the deposition of Deputy McCutchen in West NSM 1.50 Palm Beach, Florida. 10/20/16 Attendance at the deposition of Dr. Adam White in West Palm NSM 1.80 Beach, Florida. 10/20/16 Attendance at the deposition of Dr. Garry Beauzile in West NSM 1.60 Palm Beach, Florida. Page 426 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 2 -; .' Date Services Attorney Hours 10/20/16 Draft/Revise Motion in Limine re Plaintiff, Byron Harris. JHL 1.50 10/20/16 Legal research re: psychotherapist privilege under Federal law AE 1.50 and who may assert it, for use in Motion to Compel Production from Dr, Rapp. 10/20/16 Telephone conference with Plaintiffs counsel Linnes Finney re: LHR 0.30 attempting to resolve issues with location for mediation and complications associated with same. 10/20/16 Draft/Revise Motion in Limine to Exclude Testimony of Ashley JHL 1.60 Hill. 10/20/16 Receipt and review of e-mail from Brit Excess carrier LHR 0.20 representative Christine O'Brien re: upcoming Mediation and her questions concerning status. 10/20/16 Preparation of email response to Brit Excess carrier LHR 0.20 representative Christine O'Brien re: upcoming Mediation and answering her questions concerning status. 10/20/16 Receipt and review of second e-mail from Brit Excess carrier LHR 0.20 representative Christine O'Brien re: upcoming Mediation and her additional questions concerning status. 10/20/16 Preparation of second e-mail response to Brit Excess carrier LHR 0.20 representative Christine O'Brien re: upcoming Mediation and answering her additional questions concerning status. 10/20/16 Receipt and review of third email from Brit Excess carrier LHR 0.10 representative Christine O'Brien re: upcoming Mediation and status of same. 10/20/16 Preparation of third email response to Brit Excess carrier LHR 0.10 representative Christine O'Brien re: upcoming Mediation and status of same. 10/21/16 Correspondence to claims supervisor Natalie Bowen re: Palm LHR 0.20 Beach Daily News article concerning Plaintiff filing suit against Town. 10/21/16 Preparation of correspondence to Patrick Massa, Esq. re: LHR 3.90 Defendant, City of Boynton Beach's summary for mediation pertaining to Plaintiff, Byron Harris. 10/21/16 Telephone conference with Co -Defendant's counsel Stephens LHR 0.20 re: need for copies of Dr. Beauzile's March 23, 2016 and May 2, 2013 records regarding Plaintiff. 10/21/16 Preparation of e-mail to Co -Defendant's counsel Stephens re: LHR 0.20 providing copies of Dr. Beauzile's March 23, 2016 and May 2, 2013 records regarding Plaintiff per his request for same. 10/21/16 Communicate/Other Counsel correspondence by Plaintiffs LHR 0.20 counsel, Julia Farkas advising she objects to our proposed Agreed Order on Motion to Strike Charlene Edwards as a witness. Page 427 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 25 Date Services Attorney Hours 10/21/16 Telephone conference with Sgt. Picciano re: status of IA File RKD 0.20 statements as requested in Plaintiffs Third Request to Produce. 10/21/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.40 Plaintiffs proposed Unopposed Motion for Transport for Purposes of Mediation, and review of same. 10/21/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.20 proposed revisions to Plaintiffs proposed Unopposed Motion for Transport for Purposes of Mediation. 10/21/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.40 Farkas re: Plaintiffs revised proposed Unopposed Motion for Transport for Purposes of Mediation, and review of same. 10/21/16 Preparation of second e-mail response to Plaintiffs counsel LHR 0.20 Farkas re: agreement with Plaintiffs revised proposed Unopposed Motion for Transport for Purposes of Mediation. 10/21/16 Receipt and review of Court's Notice of Referral of Motion for LHR 0.20 Transport to Magistrate Judge. 10/21/16 Receipt and review of e-mail from Plaintiffs counsel Finney to LHR 0.30 Magistrate Judge Brannon re: Plaintiffs Unopposed Motion for Transport for Purposes of Mediation and proposed Order on same, and review of same. 10/21/16 Telephone conference with Plaintiffs counsel Linnes Finney re: LHR 0.30 issues with Mediation and location due to complications with the Palm Beach County Jail, and Motion for Mediation to be conducted at Federal Courthouse. 10121/16 Receipt and review of e-mail from Court's executed paperless LHR 0.20 Order denying as moot Plaintiffs Unopposed Motion for Transport for Purposes of Mediation. 10/21/16 Telephone conference with City Paralegal Lynn Swanson re: LHR 0.10 cancellation of deposition of Chief Katz and status of Notice of Cancellation. 10/21/16 Receipt and review of executed errata sheet pertaining to LHR 0.10 Plaintiff, Byron Harris received to Court Reporter. 10/21/16 Draft/Revise Motion in Limine to Exclude the Testimony of prior JHL 1.30 criminal Trial of Officer Stephen Maiorino. 10/21/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 follow up concerning inspection of witness statements. 10/21/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.20 inspection of witness statements and issues concerning same as Sgt. Picciano in training this week and redaction issues, and potential impact on continued deposition of Chief Katz. 10/21/16 Preparation of email to excess carrier Colleen O'Brien re: LHR 0.20 update on current status of Mediation. Page 428 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 26 * Date Services Attorney Hours 10/21/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Wydler to all defense counsel re: questions concerning anticipated pre-trial motions being filed by defense counsel pursuant to upcoming deadline for same. 10/21/16 Preparation of email response to Co -Defendant's counsel LHR 0.10 Wydler re: advising City intends to file Motion for Summary Judgment and Motions in Limine. 10/21/16 Preparation of second email to excess carrier representative LHR 0.20 Christine O'Brien re: advising of Plaintiffs issues obtaining location for Mediation, potential request for mother to be personal representative for purposes of Mediation, and her potential attendance by phone if so. 10/21/16 Receipt and review of email response from excess carrier LHR 0.20 representative Christine O'Brien re: acknowledging location issues for Mediation and status of Mediation proceeding. 10/21/16 Preparation of third email to excess carrier representative LHR 0.10 Christine O'Brien re: status of Mediation. 10/21/16 Preparation of fourth email to excess carrier representative LHR 0.10 Christine O'Brien re: status of Mediation and status of resolution of issues concerning same. 10/21/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Wydler re: potential need for conventional filing of dvd of Plaintiffs deposition in support of Motion for Summary Judgment and requesting Defendant Harris be added to Motion. 10/21/16 Preparation of second e-mail response to Co -Defendant's LHR 0.10 counsel Wydler re: City simply citing to Plaintiff transcript in Motion for Summary Judgment as opposed to filing dvd with Court. 10/22/16 Draft/Revise Motion in Limine to Exclude Reference to JHL 1.40 Ferguson Protests, 10/22/16 Receipt and review of 107 audio and transcribed statements LHR 6.20 pursuant to Use of Force Internal Affairs files received from City of Boynton Beach pursuant to Plaintiffs Third Request to Produce. 10/22/16 Correspondence to Julie Oldbury, City of Boynton Beach, re: AGA 1.50 summary of the deposition of Dr. Heller and Deputy Sheriff Knight. 10/22/16 Review additional records pertaining to Plaintiff, Byron Harris, RKD 2.00 received from Palm Beach County Sheriffs Office to identify any additional defense leads. 10/22/16 Receipt and review of e-mail from excess carrier representative LHR 0.20 Christine O'Brien re: discussing potential issues with Harris' mother attending Mediation on behalf of her son Byron. Page 429 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 27 Date Services Attorney Hours 10/22/16 Preparation of email response to excess carrier representative LHR 0.20 Christine O'Brien re: discussing potential issues with Harris' mother attending Mediation on behalf of her son Byron and additional complication of Charlene Edwards and Tiesha Mack advising they will appear for depositions as witnesses. 10/22/16 Receipt and review of second e-mail from excess carrier LHR 0.20 representative Christine O'Brien re: additional discussions and questions concerning Mediation issues and requesting input on same. 10/22/16 Preparation of second e-mail response to excess carrier LHR 0.30 representative Christine O'Brien re: additional discussions and answering her questions concerning Mediation issues and input concerning same. 10/22/16 Receipt and review of third email from excess carrier LHR 0.10 representative Christine O'Brien re: continued discussions on Mediation and strategy. 10/22/16 Preparation of third email response to excess carrier LHR 0.10 representative Christine O'Brien re: continued discussions on Mediation and strategy. 10/22/16 Receipt and review of fourth email from excess carrier LHR 0.10 representative Christine O'Brien re: continued discussions on Mediation and agreement as to strategy. 10/22/16 Revise and finalize City of Boynton Beach's Motion in Limine AGA 2.90 regarding Ashley Hill's testimony, Motion in Limine to exclude evidence and testimony from former Officer Maiorino's criminal and civil cases involving alleged sexual assault, Motion in Limine to exclude evidence of alleged instances of police brutality in Ferguson or other municipalities . 10/23/16 Receipt and review of extensive medical records from Armor LHR 2.00 Correctional Health Services pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 10/23/16 Preparation of correspondence to Julie Oldbury re: errata LHR 0.30 sheets for Philip Antico and Jeffrey Williams pursuant to their depositions. 10/23/16 Continued receipt and review of 107 audio and transcribed LHR 6.80 statements pursuant to Use of Force Internal Affairs files received from City of Boynton Beach pursuant to Plaintiffs Third Request to Produce. 10/23/16 Correspondence to claims adjuster Julie Oldbury re: summary LHR 0.90 of depositions of Tiesha Mack, Clifford Henfield, and Reverend Richard Dames. Page 430 of 960 Client: City of Boynton Beach Matter: 16110 - Harris v. Boynton Beach November 11, 2016 Page 28 Attorney Hours 10/23/16 Revise and finalize City of Boynton Beach's Motion in Limine to AGA exclude prior bad acts of Boynton Beach Police Department officers, Motion in Limine to exclude Leif Broberg's testimony regarding alleged cover-up of Byron Harris incident and retaliation, Motion in Limine to exclude portions of Plaintiffs testimony regarding alleged prior acts of Boynton Beach Police Department officers. 10/24/16 Correspondence to City Risk Manager Julie Oldbury re: LHR Plaintiffs Unopposed Motion for Transport for Purposes of Mediation and Court's Order denying same as mot. 10/24/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR re: status of cancellation of deposition of Chief Katz. 10/24/16 Preparation of e-mail to Plaintiffs counsel Farkas re: status of LHR cancellation of deposition of Chief Katz or requesting confirmation of cancellation in writing. 10/24116 Receipt and review of email response from Plaintiffs counsel LHR Farkas re: advising Chief Katz' continued deposition will proceed as noticed. 10/24/16 Preparation of e-mail to City Paralegal Lynn Swanson and City LHR Attorney Tracy DeCarlo re: advising Plaintiff will proceed with continued deposition of Chief Katz today as previously noticed and is not cancelling. 10/24/16 Receipt and review of e-mail from Oscar Marrero, Esq. re: LHR additional case materials pertaining to Ray Thomas' Notice of Taking Deposition Duces Tecum pertaining to Plaintiff, Byron Harris. 2.70 0.20 0.10 0.10 0.10 0.10 10/24/16 Telephone conference with City Paralegal Lynn Swanson re: LHR 0.10 advising Officer Llopis was no show for his deposition and her following up on same. 10/24/16 Receipt and review of e-mail from City Attorney Lynn Swanson LHR 0.10 to Sgt, Llopis re: his deposition and issues with his non-appearance at same this morning. 10/24/16 Correspondence to Plaintifs counsel Farkas re: need for LHR 0.20 correct addresses for witnesses Darion King and Stephanie Civil or filing Motion to Strike. 10/24/16 Receipt and review of e-mail from Plaintiffs counsel Finney re: LHR 0.30 potential resolution of issues with conducting Mediation at Jail and providing his letter to Lt Curry concerning same, and review of same. 10/24/16 Second telephone conference with City Paralegal Lynn LHR 0.10 Swanson re: deposition of Officer Llopis. 10/24/16 Telephone conference with Plaintiffs counsel Finney re: LHR 0.20 deposition of Officer Llopis and advising he can appear this afternoon for deposition. Page 431 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 29 Date Services Attorney Hours 10/24/16 Second telephone conference with City Paralegal Lynn LHR 0.10 Swanson re: deposition of Officer Llopis and resolution of issues as he will appear this afternoon. 10/24/16 Receipt and review of second e-mail from City Attorney Lynn LHR 0.10 Swanson to Sgt. Llopis re: his deposition and resolving issues with same as he will appear this afternoon. 10/24/16 Review/Analyze Plaintiffs proposed Motions in Limine to be LHR 0.60 filed with the Court. 10/24/16 Receipt and review of e-mail from Co -Defendant Ryan's LHR 0.10 counsel Mr. Schwartz re: advising he does not intend to file Motion for Summary Judgment on behalf of Mr. Ryan. 10/24/16 Receipt and review of e-mail from Co -Defendant Brown's LHR 0.10 counsel Mr. Burke re: advising he does not intend to file Motion for Summary Judgment on behalf of Mr. Brown. 10/24/16 Receipt and review of e-mail from Co -Defendant Herny's LHR 0.10 counsel Mr. Stephens re: advising he intends to file Motion for Summary Judgment on behalf of Mr. Brown. 10/24/16 Receipt and review of e-mail from Co -Defendant Martinez' LHR 0.10 counsel Mr. Okon re: advising he does not intend to file Motion for Summary Judgment on behalf of Mr. Martinez. 10/24/16 Preparation of email response to Plaintiffs counsel Finney re: LHR 0.10 acknowledging update as to latest status of resolution of issues involving location for Mediation. 10/24/16 Preparation of e-mail to excess carrier O'Brien re: latest update LHR 0.20 on status of resolution of Mediation location issues. 10/24/16 Receipt and review of email response from excess carrier LHR 0.20 O'Brien re: acknowledging latest update on status of resolution of Mediation location issues. 10/24/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 advising of resolution of Mediation location issues and providing Plaintiffs counsel's confirmation letter to Lt. Curry at PESO. 10/24/16 Receipt and review of e-mail from Mediator, Patrick Massa, LHR 0.10 Esq. re: the City of Boynton Beach's mediation summary pertaining to Plaintiff, Byron Harris. 10/24/16 Receipt and review of Defendant Medeiros' Motion for LHR 0.40 Extension of Time to File Dispositive Motions. 10/24/16 Receipt and review of Defendant Harris' Motion in Limine. LHR 0.50 10/24/16 Receipt and review of Defendant Harris' Motion for Leave to LHR 0.40 File DVD Conventionally in Support of Motion for Summary Judgment. 10/24/16 Receipt and review of Defendant Harris' Motion for Summary LHR 0.70 Judgment & Incorporated Memorandum of Law. 10/24/16 Receipt and review of Defendant Harris' Statement of Material LHR 0.80 Facts in Support of Motion for Summary Judgment with exhibits thereto (294pgs). Page 432 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 30 Date Services Attorney Hours 10/24/16 Receipt and review of Court's executed paperless Order LHR 0.20 granting Defendant Medeiros' Motion for Extension of Time to File Dispositive Motions. 10/24/16 Receipt and review of Defendant Herny's Notice of Filing LHR 1.40 Deposition Transcripts and Other Documents in Support of Statement of Material Facts and Motion for Summary Judgment (1135pgs), 10/24/16 Receipt and review of Defendant Herny's Statement of Material LHR 0.40 Facts in Support of Motion for Summary Judgment. 10/24/16 Receipt and review of Defendant Herny's Motion for Summary LHR 0.50 Judgment & Incorporated Memorandum of Law. 10/24/16 Receipt and review of Plaintiff's First Motion in Limine to LHR 0.40 exclude Plaintiffs criminal background, prior bad acts, and convictions. 10/24/16 Receipt and review of Plaintiffs Second Motion in Limine to LHR 0.50 exclude Defendants' expert testimony on credibility or candor of Plaintiff. 10/24/16 Receipt and review of Plaintiffs Third Motion in Limine to LHR 0.40 preclude Dr. Zeide from testifying as to Plaintiffs mental state. 10/24/16 Receipt and review of Plaintiffs Fourth Motion in Limine to LHR 0.50 Preclude Defendants' expert, Charles Joyner, from offering any evidence on Monell claims. 10/24/16 Receipt and review of Plaintiffs Fifth Motion in Limine to LHR 0.40 preclude Defendants from mentioning the alleged "baggie." 10/24/16 Receipt and review of Plaintiffs Sixth Motion in Limine to LHR 0.40 exclude evidence or testimony regarding prior drug or alcohol use. 10/24/16 Receipt and review of Plaintiffs Seventh Motion in Limine to LHR 0.50 prevent mention of Plaintiffs medical or mental health history. 10/24/16 Receipt and review of Plaintiffs Eighth Motion in Limine to LHR 0.40 prevent introduction of videotaped police interviews. 10/24/16 Preparation of email response to excess carrier O'Brien re: LHR 0.20 upcoming Mediation and pre -mediation meeting. 10/24/16 Receipt and review of second e-mail from excess carrier LHR 0.10 O'Brien re: upcoming Mediation. 10/24/16 Preparation of second e-mail response to excess carrier LHR 0.10 O'Brien re: upcoming Mediation. 10/24/16 Receipt and review of third email from excess carrier O'Brien LHR 0.10 re: upcoming Mediation. 10/24/16 Attendance at the deposition of Sgt. Llopis in West Palm AGA 1.00 Beach, Florida. 10/24/16 Attendance at the continued deposition of Chief Katz in West AGA 1.50 Palm Beach, Florida. Page 433 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 31 -o • t Date Services Attorney Hours 10/24/16 Receipt and review of e-mail from excess carrier representative LHR 0.20 Christine OBrien re: upcoming Mediation and potential pre -mediation conference. 10/24/16 Preparation of email response to excess carrier representative LHR 0.20 Christine OBrien re: upcoming Mediation and pre -mediation conference. 10/24/16 Receipt and review of second e-mail from excess carrier LHR 0.10 representative Christine OBrien re: upcoming Mediation and pre -mediation conference. 10/24/16 Preparation of second e-mail response to excess carrier LHR 0.10 representative Christine OBrien re: upcoming Mediation and pre -mediation conference. 10/24/16 Receipt and review of third email from excess carrier LHR 0.10 representative Christine OBrien re: upcoming Mediation and pre -mediation conference. 10/25/16 Receipt and review of e-mail from Co -Defendant Maiorino's LHR 0.10 counsel Jolly re: advising he does not intend to file Motion for Summary Judgment on behalf of Maiorino. 10/25/16 Correspondence to Jeffrey Braswell's personal counsel Chris LHR 0.20 Keith re: advising of service attempts for Court's Order Resetting Hearing on Motion to Show Cause on Braswell and requesting better address. 10/25/16 Correspondence to claims adjuster Julie Oldbury re: providing LHR 0.20 copies of parties' Motions in Limine and Motions for Summary Judgment. 10/25/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 inspection of witness statements at City. 10/25/16 Telephone conference with Julie Oldbury re: status of IA Files RKD 0.20 statements per Plaintiffs Request for Production. 10/25/16 Receipt and review of Amended Notice of Mediation (amended LHR 0.20 as to confirmation of Location). 10/25/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Amended Notice of Mediation. 10/25/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Lewis re: upcoming Mediation and requesting which counsel are attending. 10/25/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Burke to Co -Defendant's counsel Lewis re: advising of his attendance in person at upcoming mediation. 10/25/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Stephens to Co -Defendant's counsel Lewis re: advising of his attendance in person at upcoming mediation. 10/25/16 Legal research re: case law cited in Plaintiffs Motions in Limine AE 2.90 for preparation of drafting Defendant City's responses to same. Page 434 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 32 Date Services Attorney Hours 10/25/16 Receipt and review of e-mail from City Risk Manager Julie LHR 0.20 Oldbury re: upcoming Mediation and attendance of City Attorney Tracy DeCarlo and herself. 10/25/16 Preparation of email response to City Risk Manager Julie LHR 0.20 Oldbury re: upcoming Mediation and confirmation of attendance of City Attorney Tracy DeCarlo and herself, as well as Christine O'Brien of Brit. 10/25/16 Receipt and review of second e-mail from City Risk Manager LHR 0.10 Julie Oldbury re: upcoming Mediation and her additional questions concerning same. 10/25/16 Two telephone conferences with Sgt. Picciano re: status of IA RKD 0.30 Files statements per Plaintiffs Request for Production. 10/25/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Marrero to Co -Defendant's counsel Lewis re: advising of his attendance in person at upcoming mediation. 10/25/16 Preparation of second e-mail response to City Risk Manager LHR 0.10 Julie Oldbury re: upcoming Mediation, answering her additional questions concerning same, and pre -mediation meeting. 10/25/16 Communicate/Other Counsel Preparation of email to Plaintiffs LHR 0.20 Counsel; Linnes Finney, Esq. & Julia Farkas, Esq. re: list of doctors and witnesses to be deposed per Mr. Finney's request. 10/25/16 Receipt and review of Defendant Cory Herny's Amended LHR 0.40 Statement of Material Facts. 10/25/16 Preparation of e-mail to Linnes Finney & Julia Farkas, Plaintiffs RKD 0.20 counsel, re: providing link to DropBox for IA Statements as requested in Plaintiffs Third Request to Produce. 10/25/16 Review sixteen statements of juveniles related to IA File 1413 in RKD 1.80 order to redact confidential information prior to providing to Plaintiffs counsel. 10/25/16 Preparation of copies of 107 IA Statements for providing to RKD 1.20 Plaintiffs counsel via DropBox and DVD pursuant to Plaintiffs Third Request for Production. 10/25/16 Receipt and review of Court's executed paperless Order LHR 0.20 granting Defendant Harris' Motion for Leave to Conventionally File DVD Footage in support of his Motion for Summary Judgment. 10/25/16 Receipt and review of e-mail from Julie Oldbury re: documents LHR 0.10 received from Sergeant Picciano. 10/25/16 Telephone conference with Jeffrey Braswell's attorney Chris LHR 0.30 Keith re: upcoming hearing on Order to Show Cause as to his client Jeffrey Braswell and status of finding Mr. Braswell. 10/25/16 Correspondence to Julie Oldbury, City of Boynton Beach, re: AGA 1.20 summary of the depositions of Sgt. Llopis and Chief Katz. 10/25/16 Preparation for Mediation the next day. LHR 0.80 Page 435 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 33 -;9OU-W-14 :1111 N Date Services Attorney Hours 10/25/16 Receipt and review of correspondence from Social Security LHR 0.20 Administration re: status of records pertaining to Plaintiff, Byron Harris pursuant executed authorization. 10/25/16 Review records pertaining to Plaintiff, Byron Harris, received RKD 1.80 from Armor Correctional (175 pgs) to identify any additional treating providers or other defense leads. 10/25/16 Preparation of e-mail to City Risk Manager Julie Oldbury & City LHR 0.20 Attorney Tracey DeCarlo re: pre -mediation meeting with excess carrier Christine O'Brien. 10/25/16 Receipt and review of email response from City Attorney LHR 0.10 Tracey DeCarlo re. pre -mediation meeting with excess carrier Christine O'Brien. 10/25/16 Preparation of second email to City Attorney Tracey DeCarlo LHR 0.10 re: pre -mediation meeting with excess carrier Christine O'Brien. 10/25/16 Receipt and review of e-mail from Plaintiffs counsel Finney re: LHR 0.10 advising necessary paperwork for entry into Jail for Mediation will be at front desk and advising of no electronics being permitted into Jail. 10/25/16 Preparation of email response to Plaintiffs counsel Finney re: LHR 0.10 acknowledging paperwork at front desk for entry in Jail and questioning if he needs a list of attendees ahead of time. 10/25/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Finney re: need for each party to provide names of attendees for Mediation to provide to jail. 10/25/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Okon to Plaintiffs counsel Finney re: confirmation of his attendance at Mediation for Jail's required attendee list. 10/25/16 Receipt and review of e-mail from Plaintiffs counsel Finney re: LHR 0.10 status of requested inspection of City's Witness Statements. 10/25/16 Preparation of second e-mail response to Plaintiffs counsel LHR 0.10 Finney re: providing names of Counsel, City, & Insurance Carrier Representatives attending Mediation on behalf of City for Jail's required attendee list. 10/25/16 Receipt and review of third email from Plaintiffs counsel Finney LHR 0.10 re: acknowledging Counsel, City, & Insurance Carrier Representatives attending Mediation on behalf of City for Jail's required attendee list. 10/25/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Lewis to Plaintiffs counsel Finney re: confirmation of her attendance at Mediation for Jail's required attendee fist. 10/25/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Schwartz to Plaintiffs counsel Finney re: confirmation of his attendance at Mediation for Jail's required attendee list. Page 436 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 34 Date Services Attorney Hours 10/25/16 Preparation of second e-mail response to Plaintiffs counsel LHR 0.10 Finney re: status of requested inspection of City's Witness Statements and advising portions were able to be uploaded as they are audio statements and advising just received via dropbox and providing same to him via dropbox and/or disc. 10/25/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Finney re: status of City's response documentation and strategy for handling same. 10/25/16 Preparation of second e-mail response to Plaintiffs counsel LHR 0.10 Finney re: status of City's response documentation and strategy for handling same. 10/25/16 Receipt and review of third email from Plaintiffs counsel Finney LHR 0.10 re: status of City's response documentation and strategy for handling same. 10/25/16 Preparation of third email response to Plaintiffs counsel Finney LHR 0,10 re: status of City's response documentation and strategy for handling same. 10/25/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Jolly to Plaintiffs counsel Finney re: confirmation of his attendance at Mediation for Jail's required attendee list. 10/25/16 Receipt and review of second email from Co -Defendant's LHR 0.10 counsel Schwartz re: upcoming Mediation. 10/26/16 Preparation of e-mail to Jeffrey Braswell's personal counsel LHR 0.10 Chris Keith re: providing additional copy of Court's Order Resetting Show Cause hearing per his request for same. 10/26/16 Draft/Revise Notice of Taking Deposition re: Jessica Val - LHR 0.20 10/26/16 Preparation of Defendant, Boynton Beach's Supplemental LHR 1.00 Response to Plaintiffs Third Request to Produce. 10/26/16 Preparation of e-mail to all defense counsel re: responsive LHR 0.10 documents to Defendant, Boynton Beach's Supplemental Response to Plaintiff, Byron Harris' Third Request to Produce. 10/26/16 Correspondence to Jeffrey Braswell's personal counsel Chris LHR 0.20 Keith re: advising of settlement of case, however, Judge Brannon has advised Show Cause hearing to proceed. 10/26/16 Draft/Revise Notice of Cancellation re: Deposition of Jessica LHR 0.20 Val - 10/26/16 Telephone conference with Chuck Joyner, defense expert, re: RKD 0.20 advise case settled. 10/26/16 Telephone conference with Dr. Michael Zeide, defense expert, RKD 0.20 re: advise case settled. 10/26/16 Receipt and review of email response from Jeffrey Braswell's LHR 0.20 personal counsel Chris Keith re: his questions concerning location of Hearing on Motion to Show Cause and if proper address provided could hearing be resolved. Page 437 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 35 0 J • Date Services Attorney Hours 10/26/16 Preparation of email response to Jeffrey Braswell's personal LHR 0.20 counsel Chris Keith re: answering his questions concerning location of Hearing on Motion to Show Cause. 10/26/16 Preparation of second e-mail response to Jeffrey Braswell's LHR 0.20 personal counsel Chris Keith re: advising Hearing on Motion to Show Cause is Court Ordered and therefore cannot be canceled by any party and need for appearance tomorrow. 10/26/16 Attendance at pre -mediation conference with excess carrier LHR 7.80 representative Christine O'Brien and City Risk Manager Julie Oldbury and attend Mediation before Mediator Patrick Massa at the Palm Beach County Jail in West Palm Beach, FL. 10/27/16 Receipt and review of e-mail from Chris Keith, personal counsel LHR 0.20 to Jeff Braswell re: advising Mr. Braswell represented to him that he intends to appear for show cause hearing today. 10/27/16 Preparation of email response to Chris Keith, personal counsel LHR 0.20 to Jeff Braswell re: acknowledging Mr. Braswell represented to him that he intends to appear for show cause hearing today. 10/27/16 Receipt and review of e-mail from Co -Defendant's counsel Don LHR 0.10 Stephens re: questions concerning status of Court Order Hearing on Motion to Show Cause. 10/27/16 Preparation of email response to Co -Defendant's counsel Don LHR 0.10 Stephens re: answering his questions concerning status of Court Order Hearing on Motion to Show Cause and advising same to proceed at instruction of Magistrate. 10/27/16 Receipt and review of executed Mediation Settlement LHR 0.40 Agreement. 10/27/16 Preparation of proposed General Release. LHR 1.50 10/27/16 Preparation of proposed Stipulation and Order of Dismissal with LHR 1.10 Prejudice. 10/27/16 Receipt and review of e-mail from City Risk Manager Julie LHR 0.10 Oldbury re: need for copy of Mediation Settlement Agreement for Commission Agenda. 10/27/16 Preparation of email response to City Risk Manager Julie LHR 0.10 Oldbury re: advising have possession of executed Mediation Settlement Agreement and will forward. 10/27/16 Preparation of second email to City Risk Manager Julie Oldbury LHR 0.10 re: providing executed Mediation Settlement Agreement per her request. 10/27/16 Preparation of correspondence to defense expert, Dr. Michael LHR 0.30 Zeide re: case settlement. 10/27/16 Preparation of correspondence to defense expert, Chuck LHR 0.30 Joyner re: case settlement. Page 438 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 _ Harris v. Boynton Beach Page 36 Date Services Attorney Hours 10/27/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 her questions concerning Mediation Report as she has received same but is unsure if should file with Court as Report dependant on outcome of November 15 Commission meeting for approval of settlement. 10/27/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.20 acknowledging her questions concerning Mediation Report and handling of same and will contact to discuss. 10/27/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.10 her questions concerning status of Court Ordered Show Cause Hearing. 10/27/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.10 answering her questions concerning status of Court Ordered Show Cause Hearing and advising Magistrate intends to proceed even though case has settled. 10/27/16 Receipt and review of second email from Plaintiffs counsel LHR 0.10 Farkas re: acknowledging Court Ordered Show Cause Hearing will proceed pursuant to Magistrate's directives and her attendance at same. 10/27/16 Preparation of second e-mail response to Plaintiffs counsel LHR 0.10 Farkas re: upcoming Court Ordered Show Cause Hearing. 10/27/16 Receipt and review of third email from Plaintiffs counsel Farkas LHR 0.10 re: upcoming Court Ordered Show Cause Hearing. 10/27/16 Preparation of third email response to Plaintiff s counsel Farkas LHR 0.10 re: upcoming Court Ordered Show Cause Hearing. 10/27/16 Receipt and review of fourth email from Plaintiffs counsel LHR 0.10 Farkas re: upcoming Court Ordered Show Cause Hearing. 10/27/16 Receipt and review of e-mail from City Risk Manager Julie LHR 0.30 Oldbury re: proposed Agenda Item for review, and review of same. 10/27/16 Receipt and review of Mediation Report. LHR 0.20 10/27/16 Receipt and review of Affidavit of Non -Service of LHR 0.10 correspondence to Jeffrey Braswell including Court's Order to Show Case pursuant to Court's requirement to obtain service of process. 10/27/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.10 status of proposed Joint Stipulation to Stay Proceed ingslDeadlines. 10/27/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.10 acknowledging status of proposed Joint Stipulation to Stay Proceed! ngslDeadlines. 10/27/16 Correspondence to Plaintiffs counsel Finney re: confirmation of LHR 0.20 settlement of case at Mediation pending Commission approval and proposed settlement documents. Page 439 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 37 Date Services Attorney Hours 10/27/16 Correspondence to claims adjuster Julie Oldbury re: LHR 0.20 confirmation of settlement of case for $600,000 at Mediation pending City Commission approval and providing copies of Mediation Settlement Agreement and Mediator's Report. 10/27116 Receipt and review of Clerk's Notice of Minute Entry LHR 0.20 Proceedings for Motion to Show Cause. 10/27/16 Receipt and review of e-mail from defense expert, Chuck LHR 0.20 Joyner re: case settlement. 10/27/16 Extensive telephone conference with Plaintiffs counsel Julia LHR 0.40 Farkas re: Mediation Report to Court and response due dates prior to date for Commission approval, and need for a Stipulation concerning staying of same pending full effectuation of settlement. 10/27/16 Attendance at Court ordered evidentiary hearing on Motion for LHR 2.80 Contempt against Jeffrey Braswell before Magistrate Brannon at the Federal Courthouse in West Palm Beach, FL. 10/28/16 Receipt and review of Clerk's Notice of Setting Deadline for LHR 0.20 Payment of Braswell's Costs to Town pursuant to Motion to Show Cause Hearing. 10/28/16 Receipt and review of Court's executed Order Staying Case LHR 0.20 and Directing the Clerk of the Court to Close this Case for Statistical Purposes, and denying all pending motions as moot. 10/28/16 Correspondence to Cit Risk Manager Julie Oldbury re: Court's LHR 0.20 executed Order Staying Case and Directing the Clerk of the Court to Close this Case for Statistical Purposes, and denying all pending motions as moot. 10/28/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.10 Court's stay of case and no longer necessary to file Stipulation for same. 10/28/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.10 Court's stay of case and agreement to no longer necessary to file Stipulation for same. 10/28/16 Receipt and review of news article from Palm Beach Post LHR 0.30 concerning Plaintiffs allegations. 10/29/16 Receipt and review of news article from Palm Beach Post LHR 0.30 concerning incident and settlement. 10/30/16 Receipt and review of second news article from Palm Beach LHR 0.30 Post concerning incident and settlement. 10/31/16 Receipt and review of Court's executed Order on Motion to LHR 0.20 Show Cause, directing Braswell's payment to City. 10/31/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.30 outcome of hearing on Motion to Show Cause to Jeff Braswell, Court's Order entered on same, and recent articles in Palm Beach Post. Page 440 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 38 Date Services Attorney Hours Code Name Hours Rate Amount ABE Alex B. Ershock, Associate 51.30 140.00 7,182.00 AGA Andrea G. Amigo, Partner 45.00 165.00 7,425.00 JHL Jordan H. Lewis, Associate 34.80 140.00 4,872.00 LHR Lyman H. Reynolds, Jr., Partner 157.30 165.00 25,954.50 NSM Nicholas S. Madsen, Associate 8.60 140.00 1,204.00 RKD Rebecca K. Davis, Paralegal 32.30 80.00 2,584.00 Total Professional Services 329.30 75.00 $49,221.50 Date Description Amount 09/28/16 Photocopies 6.30 09/30/16 Travel Houston, TX: attend Plfs video depo, defense 843.91 expert, Chuck Joyner. Lodging $141.57; Meals $165.92; Airline $451.49; Auto rental $107.62; Parking $34.00. - Lyman H. Reynolds, Jr. 10/04/16 Subpoena Fees #LAS -2016012489 service: Rev. Dames 50.00 re: Harris - Legal Advocate Services, Inc. 10/04/16 Subpoena Fees #LAS -2016012490 service: Darion King 50.00 re: Harris - Legal Advocate Services, Inc. 10/04/16 Subpoena Fees #LAS -2016012491 service: Re. Ray 50.00 Whitely re: Harris - Legal Advocate Services, Inc. 10/04/16 Subpoena Fees #LAS -2016012492 service: Tiesha Mack 75.00 re: Harris - Legal Advocate Services, Inc. 10/04/16 Subpoena Fees #LAS -2016012493 service: Angela 75.00 Edwards re: Harris - Legal Advocate Services, Inc. 10/10/16 Delivery, Messenger Services #807158284161: Chuck 37.44 Joyner - Federal Express 10/10/16 Courier fee #807158284150: Dr Mirmet Zeide - Federal 62.17 Express 10/10/16 Courier fee #873172468382: Chuck Joyner - Federal 63.12 Express 10/10/16 Delivery, Messenger Services #807158284312: Chuck 23.14 Joyner - Federal Express 10/10/16 Delivery, Messenger Services #807158284172; Chuck 67.43 Joyner - Federal Express 10/10/16 Delivery, Messenger Services #807158101596: Dr Michael 22.31 Zeide - Federal Express 10/10/16 Delivery, Messenger Services #871055661032: C. Joyner 37.26 - Federal Express 10/10/16 Delivery, Messenger Services #807158284194: Dr. 21.70 Michael Zeide - Federal Express Page 441 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 39 Date Description Amount 10/10/16 Delivery, Messenger Services #807158284209: Chuck 37.26 Joyner - Federal Express 10/10/16 Travel Houston, TX: attend Plfs video depo, defense 56.69 expert, Chuck Joyner. - Lyman H. Reynolds, Jr. 10/10/16 Outside Printing Public records request. - Clerk of the 73.00 Circuit Court 10/10/16 Subpoena Fees #1358731 Transcript Sgt. Antico, Pilot 467.60 Musto re: Harris - U.S. Legal Support, Inc. 10/10/16 Travel Boynton Beach: attend Shade Meeting before City 25.92 Council. - Lyman H. Reynolds, Jr. 10/11/16 Photocopies 1.50 10/11/16 Photocopies 2.40 10/11/16 Photocopies 0.30 10/12/16 Facsimile Fax to 305-662-8039. 6.00 10/13/16 Witness fee for deposition fee for deposition of Dr. Phil 800.00 Heller - Phil Heller, Psy.D., P.A. 10/13/16 Subpoena Fees #LAS -2016012830 service: Palm Beach 25.00 Sheriff re: Harris - Legal Advocate Services, Inc. 10/13/16 Outside Printing Medical records. - IRM c/o Med Rec 1.00 Payments 10/16/16 Travel Fort Myers: attend court-ordered pre-trial status 257.79 conference before Judge Stack. Lodging $118.77; Meals $62.37; Tolls $.50; Tips $5.00; Mileage 248 - 40 = 208 x .54 = $112.32. - Lyman H. Reynolds, Jr. 10/17/16 Photocopies 48.90 10/17/16 Photocopies 15.90 10/18/16 Witness fee for deposition Federal subpoena witness fee 112.58 for deposition ($40 flat + $.54 per mi rt) - Clifford Henfield 10/18/16 Costs Advanced PBCC: attend court-ordered hearing, 2.00 M/Show Cause. Parking $2.00 - Lyman H. Reynolds, Jr. 10/19/16 Witness fee for deposition witness fee for deposition of Dr. 250.00 Adam White - Dr. Adam White 10/20/16 Witness fee for deposition fee for additional 1 hr of 400.00 deposition time for Dr. Phil Heller - Dr. Phil Heller 10/20/16 Subpoena Fees #LAS -2016012494 RC: Clifford Henfield 60.00 re: Harris - Legal Advocate Services, Inc. 10/20/16 Subpoena Fees #LAS -2016013224 RC: Phil Heller, M.D. 25.00 re: Harris - Legal Advocate Services, Inc. 10/20/16 Subpoena Fees #LAS -2016013225 RC: Phil Heller, M.D. 25.00 re: Harris - Legal Advocate Services, Inc. 10/20/16 Subpoena Fees #LAS -2016013229 RC: Carol Adami, M.D. 50.00 re: Harris - Legal Advocate Services, Inc. 10/20/16 Subpoena Fees #LAS -2016013212 RC: Tiesha Mack re: 25.00 Harris - Legal Advocate Services, Inc. 10/20/16 Subpoena Fees #LAS -2016013215 service: Rev. Richard 25.00 Dames re: Harris - Legal Advocate Services, Inc. 10/20/16 Subpoena Fees #LAS -2016013498 service: Darion King 50.00 re: Harris - Legal Advocate Services, Inc. 10/20/16 Subpoena Fees #LAS -2016012831 service: Ishan 25.00 Gunawardene re: Harris - Legal Advocate Services, Inc. Page 442 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 16110 - Harris v. Boynton Beach Page 40 ■ ; U Date Description Amount 10/20/16 Subpoena Fees #LAS -2016013218 service: Garry 25.00 Beauzile re: Harris - Legal Advocate Services, Inc. 10/20/16 Subpoena Fees #LAS -2016013217 service: Nicholas 25.00 Tiscione re: Harris - Legal Advocate Services, Inc. 10/20/16 Subpoena Fees #LAS -2016013223 service: Maged Habib 25.00 re: Harris - Legal Advocate Services, Inc. 10/20/16 Subpoena Fees #LAS -2016013220 service: Majid Shams 25.00 re: Harris - Legal Advocate Services, Inc. 10/20/16 Subpoena Fees #LAS -2016013226 service: Deputy Knight 25.00 re: Harris - Legal Advocate Services, Inc. 10/20/16 Subpoena Fees #LAS -2016013216 service: Deputy 25.00 McCutchen re: Harris - Legal Advocate Services, Inc. 10/20/16 Subpoena Fees #LAS -2016013221 service: Brianna 53.00 Garrett re: Harris - Legal Advocate Services, Inc. 10/20/16 Subpoena Fees #LAS -2016013219 service:Deputy 25.00 Ramasawmi re: Harris - Legal Advocate Services, Inc. 10/24/16 Subpoena Fees #LAS -2016012832 service: Armor re: 30.00 Harris - Legal Advocate Services, Inc. 10/24/16 Photocopies 7.20 10/24/16 Photocopies 51.90 10/24/16 Photocopies 6.30 10/24/16 Photocopies 3.90 10/24/16 Photocopies 5.40 10/27/16 Subpoena Fees #LAS -2016013758 service Adam White 50.00 MD re: Harris - Legal Advocate Services, Inc. 10/27/16 Subpoena Fees #LAS -2016013214 service Henry 100.00 Edwards III re: Harris - Legal Advocate Services, Inc. 10/27/16 Subpoena Fees #LAS -2016013213 service Cornelius 25.00 Edwards re: Harris - Legal Advocate Services, Inc. 10/27/16 Subpoena Fees #LAS -2016013222 service Jessica Val re: 55.00 Harris - Legal Advocate Services, Inc. 10/27/16 Subpoena Fees #LAS -2016013759 service: Majid Shams 100.00 re: Harris - Legal Advocate Services, Inc. 10/27/16 Deposition Transcripts #1363547 transcript Rae Whitely 416.30 re: Harris - U.S. Legal Support, Inc. 10/27/16 Deposition Transcripts #1363057 transcript Michael Zeide 241.75 re: Harris - U.S. Legal Support, Inc. 10/27/16 Costs Advanced USDC: attend court-ordered hearing, 2.00 M/Show Cause. Parking - Lyman H. Reynolds, Jr. 10/31/16 Subpoena Fees #LAS -2016011698 RC: Jeffrey Braswell 50.00 re: Harris - Legal Advocate Services, Inc. 10/31/16 Subpoena Fees #LAS -2016014207 RC: Jeffrey Braswell 150.00 re: Harris - Legal Advocate Services, Inc. 10/31/16 Subpoena Fees #LAS -2016014341 J. Braswell Skip Trace 150.00 re: Harris - Legal Advocate Services, Inc. 10/31/16 Outside Printing copying records, re: Harris, Byron - 62.00 PBSO- Medical Records Department 10/31/16 Photocopies Color copies 36.00 10/31/16 Photocopies 166.20 10/31/16 Photocopies 25.20 Page 443 of 960 Client: City of Boynton Beach Matter: 16110 - Harris v. Boynton Beach 111111� = ff-TMMqrI=M CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: November 11, 2016 Page 41 Amount $6,315.77 $ 65,537.27 66,831.07 -0.00 $ 122,368.34 Page 444 of 960 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach Attn: Julie Oldbury P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Broberg v. Boynton Beach et al, Claim #001470000390 -EP -01 BILL FOR FEES AND COSTS THROUGH 10131116 November 11, 2016 Bill No. 35585 032 15414 Date Services Attorney Hours 10/03/16 Receipt and review of e-mail from Julie Oldbury re: advising RKD 0.20 documents responsive to Plaintiffs Request to Produced uploaded to DropBox. 10/08/16 Organizing and logging in voluminous records received from RKD 7.00 City of Boynton Beach as responsive to Plaintiffs Request for Production. 10/10/16 Telephone conferences with Matthew Cohen, Esq. re: request AGA 0.40 two week extension to file City's Responses to Plaintiffs Requests for Production. 10/10/16 Preparation of correspondence to Matthew Cohen, Esq. re: LHR 0.20 confirmation of 2 week extension for Defendant, City of Boynton Beach to file Response to Plaintiff, Lief Brobergs' Request for Production. 10/12/16 Telephone conference with Sgt. Picciano re: Leif Broberg's RKD 0.20 overtime requests. 10/12/16 Receipt and review of e-mail from Sgt. Picciano re: enclosing RKD 0.20 Leif Broberg's overtime request notes from March through April 2015. 10/12/16 Receipt and review of Leif Broberg's overtime request notes LHR 0.40 from March through April 2015. 10/13/16 Telephone conference with Julie Oldbury re: questions RKD 0.20 pertaining to employment of Detective Christopher Crawford. 10/13/16 Two telephone conferences with Julie Oldbury re: questions RKD 0.50 pertaining to employment of Detective Christopher Crawford and questions pertaining to Leif Broberg's personnel file. Page 445 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 15414 - Broberg v. Boynton Beach et al. Page PROFESSIONALI Date Services Attorney Hours 10/13/16 Review/Analyze of Plaintiffs Complaint, responses to KRH 0.40 Interrogatories and request for production in preparation of drafting motion to compel better responses and overrule objections. 10/13/16 Preparation of initial proposed documents as responsive to RKD 2.50 Plaintiffs Request to Produce. 10/14/16 Initial preparation of of Motion to Compel Better Responses to KRH 1.20 Discovery and Overrule Objections. 10/14/16 Receipt and review of e-mail from Julie Oldbury re: additional RKD 0.20 documents related to Plaintiffs Request to Produce added to DropBox. 10/14/16 Telephone conference with Julie Oldbury re: questions AGA 0.30 pertaining to Plaintiffs Request for Production. 10/14/16 Receipt and review of e-mail from Julie Oldbury re: providing LHR 0.20 additional information related to Plaintiffs Request for Production. 10/14/16 Receipt and review of second email from Julie Oldbury re: LHR 0.20 additional information related to Plaintiff's Request for Production. 10/14/16 Receipt and review of additional grievance documents relative LHR 0.40 to Plaintiffs Request for Production. 10/14/16 Receipt and review of personnel file of Leif Broberg provide by LHR 1.50 City as responsive to Plaintiffs Request to Produce. 10/14/16 Revise initial proposed documents responsive to Plaintiffs RKD 0.70 Request for Production to include additional documents received from City of Boynton Beach. 10/15/16 Revisions to City's Motion to Compel Plaintiffs better responses AGA 0.50 to Request to Produce and interrogatories. 10/17/16 Receipt and review of Court's Order Granting Motion to Dismiss LHR 0.40 Complaint as to City and Dismissing, with Prejudice, as to Defendant Police Chief (6pgs). 10/17/16 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 Order Granting Motion to Dismiss Complaint as to City and Dismissing, with Prejudice, as to Defendant Police Chief. 10/17/16 Communicate/Other Counsel correspondence to Julie Oldbury KRH 0.20 re our Motion to Compel Plaintiff to Provide Better Responses to Discovery, filed with the Court. 10/17/16 Communicate/Other Counsel correspondence to Plaintiffs KRH 0.20 counsel, Matthew Cohen, re review of our Motion to Compel Plaintiff to Provide Better Responses to Discovery, without the need for court intervention. 10/20/16 Preparation of additional documents as responsive to Request RKD 0.60 17 to Plaintiffs First Request for Production. Page 446 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 15414 - Broberg v. Boynton Beach et al. Page 3 - +r Date Services Attorney Hours 10/21/16 Preparation of correspondence to Julie Oldbury and Tracey LHR 0.40 DeCarlo, Esq, re: enclosing second revised Response to Plaintiffs First Request to Produce. 10/21/16 Preparation of second revised City's Response to Plaintiffs LHR 0.80 First Request to Produce. 10/24/16 Preparation of e-mail to all counsel re: deposition of Plaintiff LHR 0.20 Leif Broberg. 10/24/16 Receipt and review of email response from Co -Defendant's LHR 0.20 counsel Burke re: deposition of Plaintiff Leif Broberg. 10/24/16 Receipt and review of email response from Co -Defendant's LHR 0.20 counsel Lewis re: deposition of Plaintiff Leif Broberg. 10/25/16 Receipt and review of e-mail from Plaintiffs counsel Cohen re: LHR 0.20 request to discuss City's Motion to Compel and status of City's Response to Request for Production. 10/25/16 Telephone conference with Plaintiffs counsel Cohen re: LHR 0.30 Defendant City's Motion to Compel, status of City's Response to Request to Produce, and deposition of Plaintiff Leif Broberg. 10/25/16 Telephone conference with Tracey DeCarlo, Esq. re: City's AGA 0.30 proposed Responses to Plaintiffs Request to Produce. 10/25/16 Telephone conference with Julie Oldbury re: City's proposed AGA 0.30 Responses to Plaintiffs Request to Produce. 10125/16 Preparation of e-mail to Plaintiffs Counsel Alvarez re: LHR 0.20 deposition of Plaintiff Leif Broberg. 10/25/16 Preparation of e-mail to Co -Defendants' counsels Burke and LHR 0.20 Lewis re: deposition of Plaintiff Leif Broberg. 10/25/16 Receipt and review of e-mail from Julie Oldbury re: confirming AGA 0.20 review of proposed responsive documents to Plaintiffs Request to Produce is complete and proposed Response acceptable for filing. 10/25/16 Communicate/Other Counsel Telephone conference with OC, KRH 0.30 Matthew Cohen, re: attempt to resolve City's Motion to Compel Better Discovery Responses in lieu of hearing 10/25/16 Telephone conference with Plaintiffs Counsel Alvarez re: LHR 0.20 deposition of Plaintiff Leif Broberg. 10/25/16 Preparation of second email to Co -Defendants' counsels Burke LHR 0.10 and Lewis re: deposition of Plaintiff Leif Broberg. 10/26/16 Preparation of Notice of Taking Deposition of Plaintiff Leif LHR 0.20 Broberg. 10/26/16 Correspondence to City Risk Manager Julie Oldbury re: Notice LHR 0.20 of Taking Deposition of Plaintiff Leif Broberg_ 10/26/16 Preparation of Defendant, Boynton Beach's Response to LHR 0.60 Plaintiff, Leif Broberg's Request for Production. 10/27/16 Receipt and review of Plaintiffs Amended Complaint. LHR 0.40 Page 447 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 15414 - Broberg v. Boynton Beach et al. Page 4 s Date Services Attorney Hours 10/27/16 Receipt and review of Plaintiffs Amended Notice of LHR 0.20 Appearance and Designation of Email Addresses. 10/28/16 Correspondence to risk manager Julie Oldbury re: Plaintiffs LHR 0.20 Amended Complaint. 10/28/16 Communicate/Other Counsel Extensive telephone conference KRH 0.40 with Plaintiffs counsel, Matthew Cohen, re: City's responses and objections to Plaintiff's Request to Produce. 10/28/16 Draft/Revise Initial preparation and draft of proposed agreed KRH 0.30 order on City's Motion to Compel Better Discover Responses. 10/28/16 Communicate/Other Counsel correspondence to Plaintiffs KRH 0.30 counsel, Matthew Cohen, re review of our proposed Partial Agreed Order on the City's Motion to Compel Plaintiff to Provide Better Responses to Discovery. 10/28/16 Revisions to proposed Agreed Order on Defendant City of AGA 0.30 Boynton Beach's Motion to Compel Better Answers to Interrogatories and Request to Produce and correspondence to Plaintiffs counsel. 10/28/16 Receipt and review of correspondence with Plaintiffs counsel, LHR 0.40 Matthew Cohen, re his issues with our proposed Partial Agreed Order on our Motion to Compel Better Responses to Discovery and Overrule Objections. 10/28/16 Receipt and review of Plaintiffs correspondence re status of LHR 0.20 producing Privilege Log and to discuss our objections to discovery. 10/28/16 Receipt and review of e-mail from Adrian Alvarez, counsel for LHR 0.30 Plaintiff, re: status of Collective Bargaining Agreement. 10/28/16 Preparation of email response to Adrian Alvarez, counsel for LHR 0.20 Plaintiff, re: status of Collective Bargaining Agreement. 10/28/16 Receipt and review of second e-mail from Adrian Alvarez, LHR 0.20 counsel for Plaintiff, re: status of Collective Bargaining Agreement. 10/28/16 Review Plaintiffs Amended Complaint, Plaintiffs original NSM 1.40 complaint, City's Motion to Dismiss Plaintiffs original complaint, and the Court's Order granting City's Motion to Dismiss in order to prepare City's Motion to Dismiss Plaintiffs Amended Complaint or, in the alternative, for More Definite Statement. 10/28/16 Research case law regarding the standards for dismissal and NSM 1.00 more definite statements as well as the prerequisite for exhaustion of available administrative and contractual remedies in whistle -blower actions in order to prepare City's Motion to Dismiss Plaintiffs Amended Complaint or, in the alternative, for More Definite Statement. 10/31/16 Communicate/Other Counsel correspondence with Plaintiffs LHR 0.20 counsel, Matthew Cohen, advising that we cannot come to an agreement on our Motion to Compel Better Answers to Discovery and that court intervention is necessary. Page 448 of 960 Client: City of Boynton Beach November 11, 2016 Matter: 15414 - Broberg v. Boynton Beach et al. Page Date Services Attorney Hours 10/31/16 Draft/Revise Notice of Hearing on our Motion to Compel KRH 0.20 Plaintiff to Provide Better Responses to Discovery and Overrule Objections. 10/31/16 Draft/Revise correspondence to Judge Gillen re documents for KRH 0.30 review re our hearing on Motion to Compel Plaintiff to Provide Better Responses to Discovery and Overrule Objections. 10/31/16 Receipt and review of Plaintiffs correspondence to Judge LHR 0.20 Perez re their hearing on Objections raised in Defendant's Response to Plaintiffs Request for Production. 10/31/16 Preparation of City's Motion to Dismiss Plaintiffs Amended NSM 1.80 Complaint or, in the alternative, for More Definite Statement. 10/31/16 Receipt and review of Plaintiff's Notice of Hearing on Defendant LHR 0.20 City's Objections raised in its Response to Request to Produce. 10/31/16 Receipt and review of e-mail from Plaintiffs counsel Cohen to LHR 0.20 Judge Gillen with courtesy copies of Plaintiffs Notice of Hearing on Defendant City's Objections raised in its Response to Request to Produce, Online Scheduling Confirmation, and City's Response to Request for Production pursuant to Judge's divisional requirements. 10/31/16 Receipt and review of e-mail from City Attorney Tracey DeCarlo LHR 0.20 re: questions concerning Plaintiffs Notice of Hearing on Discovery Objections. 10/31/16 Telephone conference with City Attorney Tracey DeCarlo re: LHR 0.20 discussing Plaintiffs Notice of Hearing on Discovery Objections and issues concerning same. PROFESSIONAL SERVICES Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 2.30 165.00 379.50 KRH Keith R. Hedrick, Associate 3.80 140.00 532.00 LHR Lyman H. Reynolds, Jr., Partner 10.80 165.00 1,782.00 NSM Nicholas S. Madsen, Associate 4.20 140.00 588.00 RKD Rebecca K. Davis, Paralegal 12.30 80.00 984.00 Total Professional Services 33.40 DISBURSEMENTS Date Description Amount 10/28/16 Photocopies 18.60 Total Disbursements Page 449 of 960 Client: City of Boynton Beach Matter: 15414 - Broberg v. Boynton Beach et at, •1IF-A IIIIETTIT61114A9J, Balance Forward: Payments & Adjustments: M November 11, 2016 Page 6 3,590.10 -3,590.10 Page 450 of 960 Cl1 SCHWARTZ, P. L. ATTORNEYS AT LAVY S8 SOUTHEAST 3qp AVh.N€ F SUITE 2oi p- Julie Oldbury Director of Human Resources & Risk Mgmt City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, PL 33435 Reference; Climat #422221.0001 Harris, Byron v, City of Boynton Beach, et.al. Professional Services November 11, 2016 Invoice: 16090 Page: 1 lax ID #45-0701543 09/15/16 RHS Review and analysis of transcripts of statements of Jeffrey Braswell 1.30 165.00/hr 214.50 220322 (Boynton Beach PD and FBI). 09/15/16 RHS Review e-mail from Becky Smith confirming deposition of Jeffrey 0.10 165.00/hr 16.50 225802 Braswell for 9/16/2016. 09/15/16 RHS Review of e-mail from Attorney Finney with note from Charlene 0.20 165.00/hr 33.00 225803 Edward's physician. 09/15/16 RHS Telephone conference with Attorney Harris re: issues to be covered 0.40 165.00/hr 66.00 225804 in Braswell's deposition re: identity of officers. 09/16/16 RHS Review and analysis of City's Notice of Cancellation of Deposition 0.10 165.00/hr 16.50 220346 of Dr. Brianna Garrett. 09/16/16 RHS Review and analysis of City's Notice of Production from Non -Party 0.10 165.00/hr 16.50 220377 tiled 9/16/2016 with attached Subpoenas. 09/16/16 RHS Telephonic appearance at deposition of Jeffrey Braswell. After two 1.20 165A0/hr 198.00 225805 attempts the deposition was canceled upon his failure to appear. 09/16/16 RHS Review and respond to e-mail from Attorney Weiss re: attendance 225806 of he and Ron Ryan at mediation, 09/19/16 RHS Review and analysis of the City's Supplemental Disclosures. 220503 0.10165.00/hr 16.50 0.20165.001hr 33.00 McIntosh Schwartz, P.L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660-9888 Fax (954) 760-9531 Page 451 of 960 November 11, 2016 422221.0001 Invoice: 16090 Page 2 09/19/16 RHS Review and and analysis of the City's Response to Harris' Second 0.20 165,00/hr 33.00 220711 Request for Production. 09/19/16 RHS Review and analysis of Maiorino's Request for Copies to the City 0.10 165,00/hr 16.50 220712 regarding its Notice of Production from Non -Party. 09/20/16 RHS Review and analysis of Medeiros' Request for Copies to the City 0.10 165.00/hr 16.50 220713 regarding its Notice of Production from Non -Party. 09/20/16 RHS Review and analysis of Harris' Request for Copies to the City 0.10 165.00/hr 16.50 220714 regarding its Notice of Production from Non -Party. 09/20/16 RH S Review and analysis of the City's Notice of Compliance to Harris' 0.10 165.00/hr 16.50 220759 Request for Copies dated 9/2/2016 and City's Notice of Compliance to Herny's Request for Copies dated 91612016. 09/20/16 RHS Review and analysis of City's Notice of Compliance to Maiorino's 0.10 165.00/hr 16,50 220760 Request for Copies dated 9/12/2016 and Brown's Request for Copies dated 91712016. 09/20/16 RHS Review and analysis of City's Notice of Compliance re: Medeiros' 0.20 165.00/hr 33.00 220761 Request for Copies and J. Harris' Request for Copies. 09/21/16 RHS Review and analysis of Citys Notice of Compliance to Medeiros' 0.10 165.00/hr 16.50 220762 Request for Copies dated 7/29/2016 and Herny's Request for Copies dated 9/6/2016. 09/22/16 RHS Review and analysis of Notice of Taking Video Conference 0.10 165.00/hr 16.50 221076 Deposition Duces Tecum Chuck Joyner 9130/2016. D9/22/16 RHS Review and analysis of Notice of Taking Deposition with attached 0.20 165.00/hr 33.00 221078 Subpoena For Deposition of Tiesha Mack 9/26/2016, 09/22/16 RHS Review and analysis of Notice of Taking Deposition with attached 0.20 165.00/hr 33.00 221079 Subpoena for Deposition of Angela Edwards 9/2612016. 09/22/16 RHS Review and analysis of Notice of Taking Deposition with attached 0.20 165.00/hr 33.00 221082 Subpoena for Deposition of Darion King 9/2812016. 09/22/16 RHS Review and analysis of Notice of Taking Deposition with attached 0.20 165.00/hr 33.00 221084 Subpoena for Deposition of Clifford Henfield 9/28/2016. 09/22/16 RHS Review and analysis of Notice of Taking Deposition with attached 0.10 165.00/hr 16.50 221085 Subpoena for Deposition of Rev. Ray Whitely 9/2812016. McIntosh Schwartz, P1. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660-9888 Fax (954) 760-9531 Page 452 of 960 November 11, 2016 422221,0001 invoice: 16090 Page 3 09/23/16 RHS Review and analysis of Notice of Taking Deposition with attached 0.10 165.00/hr 16.50 221081 Subpoena for Deposition of Rev. Richard Dames 9/28/2016. 09/23/16 RHS Review and analysis of City's Response to Harris' Third Request to 0,20 165.00/hr 33.00 221393 Produce, 09/26/16 SAS Prepare for deposition of Plaintiffs sisters, T.Mack and A,Edwards, 1.20 225.00/hr 270.00 221353 review of operative pleadings 09/26/16 SAS Appear via telephone for Plaintiffs sister, A,Edwards, f deposition. 1.60 225,00/hr 360.00 221396 09/26/16 RHS Review and analysis of letter from Attorney Reynolds together with 0.20 165.00/hr 33.00 221479 proposed City's Motion to Show Cause and Motion to Compel. 09/26/16 RHS Review and analysis of Addendum to Dr. Z,eide's CME Report, 0.20 165.00/hr 33.00 225807 09/26/16 RHS Review and analysis of proposed Motion to Show Cause to 0.20 165.00/hr 33.00 225808 Braswell, 09/27/16 RHS Prepare Ryan's Request for Copies to City regarding its Notice of 0.10 165.00/hr 16.50 221619 Production from Non -Party dated 9/16/2016. 09/27/16 RHS Review and analysis of City's Supplemental Disclosures. 0.20 165.00/hr 33.00 225809 09/28/16 RHS Review and analysis of J. Harris' Notice of Adopting City's 0.20 165.00/hr 33.00 221741 Supplemental Rule 26 Disclosures. 09/28/16 RHS Review and analysis of J, Harris Second Supplemental Rule 26 0.20 165.00/hr 33.00 221742 Disclosures. 09/28/16 RHS Attend the deposition of Dr. Michael Zeide and the deposition of 1.10 165.00/hr 181.50 225810 Reverand Ray Whitley (via telephone). 09/30/16 RHS Review and analysis of Notice of Taking Video Deposition of 0.10 165.00/hr 16.50 222148 Sergeant Sedrick Aiken 1014/2016, 09/30/16 RHS Attendance at the deposition of Chuck Joyner. (via telephone) 2.50 165.00/hr 412.50 225811 09/30/16 RHS Review of letter from Attorney Harris to Attorney Finney 0.10 165.00/hr 16.50 225812 confirming extension of discovery deadline. McIntosh Schwartz, P.L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660-9888 Fax (954) 76Q-9531 Page 453 of 960 November 11, 2016 422221.0001 Invoice; 16090 Page 4 09/30/16 RHS Review Motion for Show Cause Order and Motion to Compel 0.20 165.00/hr 33.00 225814 Attendance at Deposition. [DE 101] 10/02/16 RHS Review and analysis of Notice of Taking Deposition and Subpoena 0.20 165.00/hr 33.00 222721 for Deposition Nicholas Tiscione 1012012016. 10/03/16 RHS Review and analysis of letter from Attorney Reynolds together with 0.20 165.001hr 33.00 222296 proposed City's Motion to Strike Charlene Edwards as a Witness. 10/03/16 RHS Review and analysis of Notice of Continuation of Video Deposition 0.I0 165.00/hr 16.50 222316 Duces Tecum Chief Jeffrey Katz 1016/2016. 10/04/16 RHS Review and analysis of Second Re -Notice of Taking Deposition 0.10 165.00mr 16.50 222597 Duces Tecum of Dr.Carol Adami on 10/18/2016. 10/04/16 RHS Review and analysis of Notice of Taking Deposition and Subpoena 0.20 165.00/hr 33.00 222598 for Deposition of Jessica Val 10120/2016, 10/04/16 RHS Review and analysis of Subpoena for Deposition of Dr. Garry 0.10 165.00/hr 16.50 222600 Beauzille 1012012016. 10/04/16 RHS Review and analysis of Second Re -Notice of Taking Deposition 0.20 165.00/hr 33.00 222704 Duces Tecum and Subpoena Duces Tecum for Deposition of Dr. Brianna Garrett 10/18/2016. 10/04/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecum 0.20 165.00/hr 33.00 222705 and Subpoena for Deposition Duces Tecum of Dr. Maged Habib 10/1$12016. 10/04/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecurn 0.20 165.00/hr 33.00 222706 and. Subpoena for Deposition Duces Tecum of Deputy Sheriff McCutchen 10/1812016, 10/04/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecurn 0.20 165.00/hr 33.00 222707 and Subpoena for Deposition Duces Tecum of Deputy Sheriff Knight 10/1812016. 10/04/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecum 0.20 165.001hr 33.00 222708 and Subpoena for Deposition Duces Tecurn of Deputy Sheriff Sanjev Ramasawmi 10/18/2016. 10/04/16 RHS Review and analysis of Re -Notice of Taking Deposition and 0.10 165.001hr 16.50 222709 Subpoena for Deposition of Tiesha Mack 10/1912016. McIntosh Schwartz, P.L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660-9888 Fax (954) 760-9531 Page 454 of 960 November 11, 2016 422221.0001 Invoice; 16090 Page 5 10/04/16 RHS Review and analysis of Re -Notice of Taking Deposition and 0.10 165.00/hr 16.50 222710 Subpoena for Deposition of Clifford Henfield 10/19/2016, 10/04/16 RHS Review and analysis of Notice of Taking Deposition and Subpoena 0.10 165.00/hr 16.50 222712 for Deposition of Cornelius Edwards 10119/2016. 10/04/16 RHS Review and analysis of Notice of Taking Deposition and Subpoena 0.10 165.00/hr 16.50 222713 for Deposition of Henry Michael Edwards,l0/19/2016. 10/04/16 RHS Review and analysis of Re -Notice of Taking Deposition and 0.10 165.00/hr 16.50 222714 Subpoena for Deposition of Rev. Richard Damesl0/1912016. 10/04/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecum 0.20 165.001hr 33.00 222715 and Subpoena for Deposition Duces Tecum of Dr. Phil Heller 10/20/2016- 10/04/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecum 0.20 165.00/hr 33.00 222716 and Subpoena for Deposition Duces Tecum of Dr. Majid Shams 10/20/2016. 10/04/16 RHS Review and analysis of Notice of Taking Deposition Duces Tecum 0.20 165.00/hr 33.00 222720 and Subpoena for Deposition Duces Tecum of Dr. Adam White 10/20/2016. 10/05/16 RHS Review and analysis of Notice of Cancellation of Deposition of 0.10 165.00/hr 16.50 222578 Chief Katz. 10/05/16 RHS Review and analysis of letter from Attorney Reynolds together with 0.20 165.00/hr 33.00 222596 Addenum to Dr. Michael Zeide's report. 10/11/16 RHS Review and analysis of Re -Notice of Taking Deposition Duces 0.10 165.00/hr 16.50 222748 Tecum of Dr. Phil Heller 10/18/2016. 10/12/16 R14S Review and analysis of the City's Notice of Compliance to Herny's 0.30 165.00/hr 49.50 223022 Request for Copies, J. Harris' Request for Copies, Maiorino' Request for Copies and Medeiros' Request for Copies. 10/12/16 RHS Review and analysis of the City's Notice of Taking Deposition and 0.20 165.00/hr 33.00 223023 Subpoena for Deposition of Darion King on 10/ 19/2016. 10/12/16 RHS Review of Show Cause Order to Jeffrey Braswell. [DE 1021 0.20 165.001hr 33.00 225816 McIntosh Schwartz, P.L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660-9888 Fac (954) 760-9531 Page 455 of 960 November 11, 2016 422221.0001 invoice: 16090 Page 6 I0/12/16 RHS Review and analysis of City's Response to Fourth Request to 225817 0.20 165.00/hr Produce. 10/13/16 RHS Review and analysis of Herny's Request for Copies to the City. 223136 Sergeant Jason Llopis 10/24/2016. 10/13/16 RHS Review and analysis of letter re: exam from Dr. Jonathan Rapp. 225818 [DE 103] and Court acknowledgment. [DE 1041. 10/14/16 RHS Review and analysis of Notice of Cancellation of Deposition of 223340 Nicholas Tiscione 10/2012016. 10/14/16 RHS Review and analysis of Re -Notice of Taking Deposition Duces 223341 Tecum and Subpoena for Deposition Duces Tecum of Dr. Majid Shams 10/20/2016 (time change only). 0.20165.001hr 33.00 0.10 165.00/hr 16.50 0.20 165.00/hr 33,00 0.10 165.00/hr 16.50 0.10 165.00/hr 10/14/16 RBS Review and analysis of Subpoena for Deposition Duces Tecum for 0.10 165.00/hr 223342 Dr, Adam White 10/2012016. 10/17/16 RHS Review and analysis of ReNotice of Taking Deposition Duces 223441 0.10 165.00/hr Tecum of Deputy Sheriff McCutcheon 10/20/2016, 10/18/16 RHS Review and analysis of Notice of Taking Video Deposition of 223553 Sergeant Jason Llopis 10/24/2016. 10/18/16 RHS Review and analysis of Notice of Continuation of Taking Video 223554 Deposition of Chief Jeffrey Katz 10124/2016. 10/18/16 RHS Review and analysis of Martinez's Notice of Adopting City of 223615 Boynton Beach's Supplemental Disclosures. 10/18/16 RHS Review and analysis of Martinez's Expert Witness List. 223616 10/18/16 RHS Attendancve at the deposition of Dr, Phil Heller. (via telephone) 225819 10/18/16 RHS Attendance at the deposition of PBSO Deputy Knight. (via 225820 telephone) 10/19/16 RHS Review and analysis of Order Resetting Show Cause Hearing 223621 10/2712016. 0.10 165.00/hr 0.10 165,00/hr 0.10 165.00/hr 0.10 165.00/hr 0.20 165.00/hr 16.50 16.50 16.50 16.50 16.50 16.50 33.00 2.10 165.00/hr 346.50 0.70 165.00/hr 115.50 0.10 165.00/hr 16.50 McIntosh Schwartz, P.L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660-9888 Fax (954) 760-9531 Page 456 of 960 November 11, 2016 422221.0001 Invoice: 16090 Page 7 10/19/16 RHS Review and analysis of City's Supplemental Response to Harris' 0.20 165.00/hr 33.00 223661 Third Request to Produce. 10/19/16 RHS Review and analysis of letter from Attorney Reynolds regarding 0.20 165,00/hr 33.00 223766 mediation, location to be determined and attorneys' attendance. 10/20/16 SAS Appear via telephone for deposition of Deputy P.McCutchen. 1.40 225.00/hr 315.00 223912 10/20/I6 SAS Appear via telephone for deposition of Dr. Adam White. 1.00 225.00/hr 225.00 223913 10/20/16 SAS Appear via telephone for deposition of Dr. Garry Beasuzile. 1.60 225.00/hr 360.00 223914 10/20/16 SAS Prepare for deposition of Deputy P.McCutchen - review police 0.40 225.00/hr 90.00 223915 report, traffic crash report, and Notice of Deposition. 10/20/16 SAS Prepare for deposition of Dr, Adam White - review of claim file and 0.30 225.00/hr 6T50 223916 related medical records. 10/20/16 SAS Prepare for deposition of Dr. Garry Beasuzile - review of claim file 0.30 225.00/hr 67.50 223917 and related medical records. 10/20/16 RI -IS Review and analysis of City's Notice of Compliance to Brown, 0.30 165,00/hr 49.50 223941 Medeiras, Maiorino, J. Harris, Harris and Herny's Request for Copies. 10/21/16 RHS Review and analysis of Harris' Unopposed Motion to Transport for 0,30 165.00/hr 49.50 223992 Purposes of Mediation [DE 110] and proposed Order. 10/21/16 SAS Appear via telephone for deposition of Officer Ray Thomas. 0.80 225.001hr 180.00 224025 10/21/16 SAS Prepare for deposition of Officer Ray Thomas - review police 0.30 225.00/hr 67.50 224026 report, traffic crash report, and Notice of Deposition. 10/21/16 RHS Review and analysis of Paperless Order Referring for appropriate 0.10 165.00/hr 16.50 224046 disposition, referred to Magistrate Judge Brannon [DE 111]. 10/21/16 RHS Review and analysis of Paperless Order the Court denies as moot 0.20 165.00/hr 33.00 224047 Harris' Unopposed Motion to Transport for Purposes of Mediation [DE 1]2]. McIntosh Schwartz, P,L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (951) 660-9888 Fax (954) 760-9531 Page 457 of 960 November 11, 2016 422221.0001 Invoice: 16090 Page 8 10/24/16 SAS Appear via telephone for deposition of Sergeant Jason Llopis. 1.10 225,00/hr 247.50 224132 10/24/16 SAS Appear via telephone for continued deposition of Chief Jeffrey Katz. 1.30 225.00/hr 292.50 224133 10/24/16 SAS Prepare for deposition of Sergeant Jason Llopis - review police 0.30 225.00/hr 67.50 224134 report, traffic crash report, and Notice of Deposition. 10/24/16 SAS Prepare for deposition of Chief Jeffrey Katz - review police report, 0.20 225.00/hr 45.00 224135 traffic crash report, and Notice of Deposition. 10/24/16 RHS Review and analysis of the City's Motion in Limine to Exclude 0.20 165.00/hr 33.00 224316 Testimony of Maiorino [DE 113]. 10124/16 RHS Review and analysis of City's Motion in Limine to Exclude 0.20 165.00/hr 33.00 224317 Testimony of Harris [DE 114). 10/24/16 RHS Review and analysis of City's Motion in Liminie to Exclude 0.20 165.00/hr 33.00 224319 Reference to Ferguson Protests [DE 115]. 10/24/16 RHS Review and analysis of City's Motion in Limine to Exclude Leif 0.20 165.00/hr 33.00 224321 Broberg's Testimony [DE116]. 10/24/16 RHS Review and analysis of City's Motion in Limine to Exclude Alleged 0.20 165.00/hr 33.00 224323 Prior Baal Acts of Boynton Beach Police Department. fDE 117] 10/24/16 RHS Review and analysis of City's Motion in Limine to Exclude 0.20 165.00/hr 33.00 224324 Statements Alleged by BBPD Misconduct [DEI 18]. 10/24/16 RUIS Review and analysis of Harris' First Motion in Limine to Exclude 0.20 165.00/hr 33.00 224325 Evidence of Harris' Prior Criminal Background [DE119]. 10/24/16 RHS Review and analysis of Harris' Second Motion in Limine to Exclude 0.10 165.00/hr 16.50 224326 Testimony from any Defendants' Expert Witnesses [DE120]. 10/24/16 RHS Review and analysis of Harris' Third Motion in Limine to Preclude 0.10 165.00/hr 16.50 224328 Defendants' Medical Expert Dr. Zeide [DE 121 ]. 10/24/16 RHS Review and analysis of Harris' Fourth Motion in Limine to Preclude 0.10 165.00/hr 16.50 224330 Defendants' Police Practices Expert Charles Joyner [DE 122]. 10/24/16 RHS Review and analysis of Harris' Fifth Motion in Limine to Preclude 0.10 165.00/hr 16.50 224331 Defendants' from Mentioning Alleged Baggie [DE 123]. McIntosh Schwartz, P.L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660-9888 Fax (954) 760-9531 Page 458 of 960 November 11, 2016 422221.0001 Invoice: 16090 Page 9 10/24/16 RHS Review and analysis or Harris' Sixth Motion in Limine to Exclude 0.10 165,001hr 16.50 224332 Evidence or Testimony of Harris' Prior Drug or Alcohol Use [DE 1241. 10/24/16 RHS Review and analysis of Harris' Seventh Motion in Limina to Prevent 0.30 165.001hr 49.50 224334 Defendants from Mentioning any Medical or Mental History of Harris [DE 125]. 10/24/16 RHS Review and analysis of Harris' Eighth Motion in Limine to Prevent 0.10 165.00/hr 16.50 224336 Defendants from Introducing Videotaped Police Statements [DE 126). 10124/16 RHS Review and analysis of Herny's Motion for Summary Judgment 0.30 165.00/hr 49.50 224337 [DE127]. 10/24/16 RHS Review and analysis of Hemy's Statement of Material Facts 0.30 165.00/hr 49.50 224338 [DE1291. 10/24/16 RHS Review and analysis of City's Motion for Final Summary Judgment 0.30 165.00/hr 49.50 224339 [DE128] 10/24/16 RHS Review and analysis of Medeiros' Motion for Extension to File 0.10 165.00/hr 16.50 224341 Dispositive Motions [DE I31]. 10/24/16 RHS Review and analysis of J. Harris' Statement of Material Facts in 0.20 165,00/hr 33.00 224342 Support of Motion for Summary Judgment (DE 1341, 10/24/16 RHS Review and analysis of J. Harris' Motion for Summary Judgment 0.30 165.001hr 49.50 224344 [DE135]. 10/24/16 RHS Review and analysis of J. Harris' Motion for Leave to File 0.10 165.001hr 16.50 224345 Conventional DVD [DE1361. 10/24/16 RHS Review and analysis of J. Harris' Motion in Limine [DE137]. 0.20 165.00/hr 33.00 224346 10/24/16 RHS Review and analysis of Herny's Amended Statement of Material 0.20 165.00/hr 33.00 224383 Facts [DE 138]. 10/25/16 RHS Review and analysis of Notice of Mediation 10/26/2016 [DE 1391. 0.10 165.00/hr 16.50 224314 10/25/16 RHS Review and analysis of Paperless Order Granting J. Harris' Motion 0.10 165.00/hr 16.50 224382 for Leave [DE 140]. McIntosh Schwartz, P.L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660-9888 Fax (954) 760-9531 Page 459 of 960 November 11, 2016 422221.0001 Invoice: 16090 Page 10 10/26/16 RHS Review and analysis of City's Supplemental Response to Harris' 224481 Third Request to Produce. 10/26/16 RHS Review and analysis of City's Notice of Taking Deposition of 224485 7.30165.00/hr Jessica Val 10/31/2016, 10/26/16 RHS Attendance at Mediation 224634 10/27/16 RHS Review and analysis of Mediation Settlement Report. 224632 10/27/16 RHS Prepare e-mail to Ron Ryan with summary of Mediation and 224633 explanation of settlement. 0.30I65.00/hr 49.50 0.10165.00/hr 16.50 7.30165.00/hr 1,204.50 0.20165.00/hr 33.00 0.60165.00/hr 99.00 10/27/16 RHS Review and analysis of Mediation Report filed by Julia Farkas. [DE 0.10 165.00/hr 16.50 224655 141] 10127/16 RHS Review of Order on Show Cause re: Jeffrey Braswell. [DE 142] 224790 10/28/16 RHS Review and analysis of Minute Entry on Show Cause Hearing [DE 224777 142]. 10/28/16 RHS Review and analysis of Carder Staying Case and Close Case [DE 224778 1431. Total Fees for Professional Services Costs Incurred; 0.10 165.00/hr 16.50 0.10165,00/hr 16.50 0.10165.001hr 16.50 46.20 $8,331.00 08/11/16 RHS Vendor: U.S. Legal Support, Inc,; Tax YD#76-0523238; invoice #1346570; Depositions of Ronald Ryan, Matthew Medeiros and Stephen Maiorino - Transcript/Litigation Support Package/Exhibits. 09/01/16 RHS Reimbursement; Travel to US Legal Support in West Palm Beach to attend depositions of Ashley Hill and Jeffrey Braswell; Mileage -$50.76 (94 miles @ $0.54/per mile). 09/09/16 RHS Vendor; Roberts, Reynolds, Bedard & Tuzzio, P.A,; CD containing City's Compliance to Ryan's RFC. 09/09/16 RHS Reimbursement; Travel to Tobin & Reyes/Boca Raton to attend deposition of Leif Erik Broberg; Mileage -$12.42 (23 miles @ $0.54/per mile). McIntosh Schwartz, P.L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660-9888 Fax (954) 760-9531 826.70 50.76 35.00 12.42 Page 460 of 960 November 11, 2016 422221.0001 Invoice. 16090 Page 11 09/09/16 RHS Reimbursement; Travel from Boca Raton to West Palm Beach and back to attend 38.34 depositions of Sergeant Antico and Sergeant Musto; Mileage -$38.34 (71 miles @ $0.54/per mile). 10/26/16 RHS Reimbursement; Travel to Palm Beach Detention Center for Mediation; Mileage -$48,60 48.60 (90 miles @ $0.54/per mile) Total additional charges $1,011.82 Total amount of this bill Summary of Fees Nome 1obert 11. Schwartz 34.40 165.00 Stefhnie A. Salomon 11.80 225.00 McIntosh SchwarM P.L. 888 Southeast 3rd Avenue, Suite 201, Fort Lauderdale, Florida 33316 Main Office (954) 660-9888 Fax (954) 760-953I $9,342.82 $5,676.00 $2,655.00 Page 461 of 960 Robert C. Okon, P.A. 1521 Cades Bay Avenue Jupiter, F133458 (561)203-2181 471299913 Bill To: Alfred Martinez 3099 East Commercial Boulevard, Suite 200 Ft. Laudersale, FL 33308 il ii 1,T114 F I I EXAPITAWAA Invoice # 1167 Invoice Date Nov 16, 2016 Docket Number C00126 Case/Matter Harris v. City of Boynton and Martinez Due Due Upon Receipt ,,;.t} t ,,, "f <', f f „•:: \ s , "t a f A 1� If l " fY t,., r(c f11 ri r. ,t ,t�tNll ittt a, x c. , "`i i3,t +j; --SA t t ,' ', `tytf 13.. 6 t� i'7',f�as- PY{ �t!{ `t'1 '�,lt tt x,'F' . Z�iE k 3 afiwl'wk Jan 12, 2016 Telephone conference with RO $160.00 0.2 $32.00 attorney, Lyman Reynolds regarding the new case assignment, discussed the brief facts of the incident, the action plan going forward and the defense of the officers. (L120 /A104) Jan 13, 2016 Telephone conference with RO $160.00 0.1 $16.00 attorney, Tracey DeCarlo regarding my ability to represent one of the officers and action plan going forward. (L120 /A108) Jan 13, 2016 Review and analyze the Complaint RO $160.00 0.7 $112.00 in preparation for in person meeting with client, Alfred Martinez. (L210 /A 104) Page 462 of 960 Jan 19, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Tracey DeCarlo advising as to the contact information for all defendants and their personal counsel and as to the dates the defendants were served. (L120 /A 104) Jan 19, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Michael Burke advising as to the date of service for the defendants. (L 120 /A 104) Jan 19, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Lyman Reynolds regarding removing the case to federal court and the reasons for the same. (L120 /A 104) Jan 19, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Oscar Marrero advising that his client, Justin Harris, agrees to remove the case to federal court. (1,120 /A 104) Jan 20, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Scott Richardson regarding removing the case to federal court. (L 120 /A 104) Jan 20, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney Richard Lubin inquiring as to reasons why the case should be removed to federal court. (L120 /A 104) Jan 20, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Robert Schwartz advising that his client, Mr. Ryan has authorized removal to federal court. (L120 /A 104) Page 463 of 960 Jan 20, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Lyman Reynolds outlining the reasons why removal to federal court is beneficial to the defendants. (L 120 /A 104) Jan 20, 2016 Review and analyze RO $160,00 0.1 $16.00 correspondence from attorney, Harriet Lewis advising that her client, Matthew Medeiros has authorized removal to federal court. (L120 /A 104) Jan 20, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from Co-Counsel regarding moving the case to Federal Courts. (L210 /A104) Jan 21, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Bruce Jolly advising that his client, Mr, Miaorino consents to removal to federal court. (L 120 /A 104) Jan 21, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Don Stephens advising that his client, Cory Herny has authorized removal to federal court. (L 120 /A 104) Jan 22, 2016 Research the elements, damages, LM $135.00 0,9 $121.50 and affirmative defenses for conspiracy to deprive of civil rights under the 4th and 14th Amendments in order to prepare a response to the Complaint and in preparation to meet with the client. (L210 /A102) Jan 22, 2016 Research elements and damages for LM $135.00 0.8 $108.00 failure to intervene in use of excessive force in order to prepare a response to the Complaint and in preparation to meet with the client. (L210 /A 102) Page 464 of 960 Jan 22, 2016 Research the elements and damages LM $135.00 1.5 $202.50 for use of excessive force under US Constitution in order to prepare a response to the Complaint and in preparation to meet with the client. (L210 /A102) Jan 22, 2016 Review and analyze the Complaint LM $135.00 0.3 $40.50 in order to determine the Counts alleged to research the same in preparation to meet with the client. (L210 /A 104) Jan 22, 2016 Attended in person meeting with RO $160.00 1.3 $208.00 client, Alfred Martinez to discuss the facts of the incident, his involvement, the allegations asserted against him, the elements of the causes of action, his potential exposure, removal of the case to federal court and the action plan going forward. (L 120 /A 109) Jan 22, 2016 Drafted correspondence to attorney, RO $160.00 0.1 $16.00 Lyman Reynolds advising that Alfred Martinez approves the removal of the case to federal court. (1-120 /A103) Jan 26, 2016 Telephone conference with RO $160.00 0.1 $16.00 attorney, Lyman Reynolds regarding the potential coverage and obtaining a copy of all relevant materials concerning this incident. (L 120 /A 107) Jan 29, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Harriet Lewis, advising that the intracorporate conspiracy doctrine precludes a conspiracy claim against the individual officers. (L 120 /A 104) Feb 04, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from Co -Counsel regarding moving case to Federal Courts. (L210 /A 104) Page 465 of 960 Feb 04, 2016 _... ......... _.-..._..,..... Review and analyze Co -Defendant, RO $160.00 0.1 $16.00 City of Boynton's Advise of Removal to Federal Court. (1,210 /A 104) Feb 04, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Appearance on behalf of Ronald Ryan. (L210 /A 104) Feb 04, 2016 Review and anlayze Consent to RO $160.00 0.1 $16.00 Proceed before a US Magistrate. (L210 /A 104) Feb 04, 2016 Review and analyze Defendant, RO $160.00 0.4 $64.00 City's Motion to Dismiss Plaintiffs Complaint and Incorporated Memo of Law. (L210 /A 104) Feb 04, 2016 Review and analyze Defendant RO $160.00 0.1 $16.00 Brown's Consent to Removal. (L210 /A104) Feb 04, 2016 Review and analyze Defendant RO $160.00 0.1 $16.00 Brown's Notice of Appearance. (L210/A104) Feb 04, 2016 Review and anlayze Defendant RO $160.00 0.1 $16.00 Henry's Notice of Appearance. (L210 /A 104) Feb 04, 2016 Review and analyze Defendan RO $160.00 0.1 $16.00 Hemy's Consent to Removal. (1,210 /A 104) Feb 04, 2016 Review and anlayze Defendant RO $160,00 0.1 $16.00 Ryan's Consent to Removal. (L210 /A 104) Feb 04, 2016 Review and analyze Defendant RO $160.00 0.4 $64.00 Brown's Answer and Affirmative Defenses. (L210 /A104) Feb 04, 2016 Review and analyze Defendan RO $160.00 0.4 $64.00 Herny's Motion to Dismiss Count XIX with Prejudice and Incorporated Memo of Law. (L210 /A 104) Feb 04, 2016 Review and analyze Defendant RO $160.00 0.4 $64.00 Harris' Motion to Dismiss and Incporporated Memo of Law. (L210 /A 104) Page 466 of 960 Feb 04, 2016 Review and analyze Defendant RO $160.00 0.1 $16.00 Medeiros' Consent to Removal. (L21 0 /A 104) Feb 04, 2016 Review and analyze Defendant RO $160.00 0.1 $16.00 Medeiros' Unopposed Motion for Extension of Time to File Response to Complaint. (1,210 /A104) Feb 04, 2016 Review and analyze Defendant RO $160.00 0.4 $64.00 Ryan's Answrt and Affirmative Defenses to Plaintiffs Complaint. (L210 /A104) l , b 04, 2016 Review and analyze Defendant RO $160.00 0.4 $64.00 Ryan's Motion to Dismiss Plaintiffs Complaint and Incorporated Memo of Law. (L210 /A104) Feb 04, 2016 Review and analyze Defendant RO $160.00 0.1 $16.00 Medeiros' Notice of Appearance. (L210 /A 104) Feb 04, 2016 Preparation of the Answer and LM $150.00 3.4 $510.00 Affirmative Defenses to Plaintiffs lengthy Complaint. (L210 /A103) Feb 04, 2016 Review of the Complaint and LM $150.00 0.7 $105.00 responsive pleadings filed by Co - Defendants in order to prepare the Answers, Affirmative Defenses, and Motion to Dismiss Counts for Failure to Intervene and Conspiracy. (1,210 /A104) Feb 04, 2016 Research regarding the LM $150.00 0.4 $60.00 intracorporate conspiracy doctrine in order to prepare the Motion to Dismiss the Conspiracy count. (L210 /A 102) Feb 04, 2016 Telephone conference with client, RO $160.00 0.1 $16.00 Alfred Martinez regarding the status of the case, the filing of the Answer and the action plan going forward. (L120 /A 106) Feb 05, 2016 Telephone conference with client, RO $160.00 0.1 $16.00 Alfred Martinez regarding the Answer and the Motion to Dismiss filed on his behalf. (L 120 /A 106) Page 467 of 960 Feb 05, 2016 Drafted correspondence with client, RO $160.00 0.1 $16.00 Alfred Martinez regarding the Motion to Dismiss and the Answer filed on his behalf. (L 120 /A 103) Feb 10, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from client, Alfred Martinez regarding the filing of a counterclaim on his behalf. (L120 /A 104) Feb 10, 2016 Drafted correspondence to client, RO $160.00 0.1 $16.00 Alfred Martinez regarding the filing of his counter claim. (L 120 /A 103) Feb 11, 2016 Telephone conference with RO $160.00 0.2 $32.00 attorney, Richard Lubin regarding the status of the criminal case and the investigation regarding the same, discussed Mr. Martinez's 5th Amendment right against self incrimination and responding to discovery in the civil case. (L120 /A 107) Feb 11, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from client, Alfred Martinez inquiring as to whether a counterclaim can be filed on his behalf. (L 120 /A 104) Feb 19, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from client, Alfred Martinez regarding the filing of a counter claim against the Plaintiffs Byron Harris. (L120 /A104) Feb 19, 2016 Drafted correspondence to client, RO $160.00 0.1 $16.00 Alfred Martinez regarding the filing of a counterclaim on his behalf. (1,120/A103) Feb 26, 2016 Review and examine Defendant, RO $160.00 0.3 $48.00 Matthew Medeiros's Notice of l st Set of Interrogatories and review of the Interrogatories. (L210 /A 104) Feb 26, 2016 Review and examine Defendant, RO $160.00 0.2 $32.00 '!) Matthew Medeiros's Request for Admissions to the Plaintiff, Byron Hams. (L210 /A104) Page 468 of 960 Feb 26, 2016 Review and examine Defendant, RO $160.00 0.3 $48.00 Matthew Medeiros Request for Production to Plaintiff, Byron Harris. (L210 /A 104) Feb 26, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Lyman Reynold regarding the Notice to Appoint Mediator, inquiring as to whether all counsel agrees with Rodney Romano as the Mediator. (L 120 /A 104) Feb 26, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Don Stephens advising that he has no objection to Rodney Romano mediating the case. (L120 /A104) Feb 26, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Oscar Marrero advising that he has no objection to Rodney Romano mediating the case. (L 120 /A 104) Feb 26, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Harriet Lewis advising that she has no objection to Rodney Romano mediating the case. (L 120 /A104) Feb 26, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Harriet Lewis advising that she has no objection to Rodney Romano mediating the case. (L120 /A104) Feb 26, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Robert Schwartz advising that he has no objection to Rodney Romano mediating the case. (L120 /A104) Feb 26, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Oscar Marrero advising that he has no objection to Rodney Romano mediating the case. (L 120 /A 104) Page 469 of 960 Feb 26, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Michael Burke advising that he has no objection to Rodney Romano mediating the case. (L 120 /A 104) Feb 26, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Bruce Jolly advising that he has no objection to Rodney Romano mediating the case. (L 120 /A 104) Mar 07, 2016 Review and examine RO $160.00 0.2 $32.00 correspondence from attorney, Lyman Reynolds regarding the filing of the Joint Motion to Extend Deadline for Parties to file their Rule 26(a) Initial Disclosures and review of the proposed Motion; Mr. Reynolds is inquiring as to whether their is any objection to submission of the same to the Court. (L 120 /A 104) Mar 07, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Linnes Finney advising that he has no objection to the filing of the Joint Motion To Extend Deadline for Parties to File their Rule 26(a)(1)(A) Initial Disclosures. (L120 /A104) Mar 07, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Oscar Marrero advising that he has no objection to the filing of the Joint Motion To Extend Deadline for Parties to File their Rule 26(a)(1)(A) Initial Disclosures. (L120 /A104) Page 470 of 960 Mar 07, 2016 Review and examine RO correspondence from attorney, Don Stephens advising that he has no objection to the filing of the Joint Motion To Extend Deadline for Parties to File their Rule 26(a)(1)(A) Initial Disclosures. (L 120 /A 104) Mar 10, 2016 Review and analyze RO correspondence from attorney Lyman Reynolds regarding personnel and discipline files. (L 110 /A 104) Mar 11, 2016 Review and examine RO correspondence from attorney, Bruce Jolly regarding the filing of the Rule 26 Disclosures in light of the fact that he has not received the documents from the City of Boynton Beach. (L120 /A104) Mar 11, 2016 Review and examine RO correspondence from attorney, Lyman Reynolds advising that there has been a delay obtain an unreacted copy of the incident reports, advised as to the status of the FBI criminal investigation and the public records requests. (L120 /A 104) Mar 11, 2016 Review and examine RO correspondence from Plaintiffs counsel regarding the deadline to amend pleadings and to add parties, she is requesting an agreement to extend the deadline for 30 days and would also like to exchange Rule 26 disclosures to get discovery moving. (L 120 /A 104) Mar 11, 2016 Review and examine RO correspondence from attorney, Oscar Marrero advising that he has no objection to extending the time to amend the pleadings and disclose parties by thirty days. (L120 /A104) $160.00 0.1 $160.00 0.1 $160.00 0.1 $160.00 0.1 $160.00 0.1 $160.00 0.1 $16.00 $16.00 $16.00 $16.00 $16.00 $16.00 Page 471 of 960 Mar 11, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Lyman Reynolds advising that he has no objection to extending the time to amend the pleadings and disclose parties by thirty days. (L120 /A104) Mar 11, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Don Stephens advising that he has no objection to extending the time to amend the pleadings and disclose parties by thirty days. (L120 /A104) Mar 11, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Harriet Lewis advising that he has no objection to extending the time to amend the pleadings and disclose parties by thirty days. (L120 /A104) Mar 11, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Michael Burke advising that he has no objection to extending the time to amend the pleadings and disclose parties by thirty days. (L120 /A104) Mar 11, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Robert Schwartz advising that he has no objection to extending the time to amend the pleadings and disclose parties by thirty days. (L120 /A104) Mar 12, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Bruce Jolly advising that he has no objection to extending the time to amend the pleadings and disclose parties by thirty days. (L120 /A104) Mar 14, 2016 Drafted Notice of Adoption of City RO $160.00 0.3 $48.00 of Boynton Beach's Rule 26 disclosures pursuant to Court Order. (L210 /A103) Page 472 of 960 Mar 14, 2016 Review and examine Defendant, RO Justin Harris' Notice of Adopting City of Boynton Beach's Initial Rule 26 Disclosures. (L210 /A104) Mar 14, 2016 Review and examine Defendant, RO Matthew Medeiros' Rule 26(a)(1) initial disclosures. (L210 /A104) Mar 14, 2016 Review and examine City of RO $160.00 0.2 $160.00 0.2 $160.00 0.3 $32.00 $32.00 $48.00 Page 473 of 960 Boynton BEach's Rule 26(a)(1) Initial Disclosures. (L210 /A104) Mar 14, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Julia Farkas inquiring as to whether any Defendants object to extending the time to amend the pleadings and disclose parties by thirty days. (L 120 /A 104) Mar 14, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Michael Burke advising that he has no objection to extending the time to amend the pleadings and disclose parties by thirty days. (L 120 /A 104) Mar 14, 2016 Drafted correspondence to RO $160.00 0.1 $16.00 Plaintiffs counsel advising that I have no objection to extending the time to amend the pleadings and disclose parties by thirty days. (L 120 /A 104) Mar 14, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Lourdes Wyler advising that she has no objection to extending the time to amend the pleadings and disclose parties by thirty days. (L 120 /A 104) Mar 14, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Robert Schwartz advising that he has no objection to extending the time to amend the pleadings and disclose parties by thirty days. (L 120 /A 104) Page 473 of 960 Mar 14, 2016 Review and examine RO correspondence from attorney, Andrea Amico advising that he has no objection to extending the time to amend the pleadings and disclose parties by thirty days. (L120 /A104) Mar 24, 2016 Outside printing charges for records for Byron Harris, Jr. from Pictera, (- -/E 102) Mar 29, 2016 Review and examine Defendant, RO $160.00 0.1 $457,22 Expense $160.00 0.1 $16.00 $457.22 $16.00 Page 474 of 960 Medeiros' Request for Copies to Defendant, City of Boynton Beach. (L210 /A 104) Apr 12, 2016 Review and analyze Defendant, RO $160,00 0.3 $48.00 Cory Henry's Notice of Propounding First Set of Interrogatories to Plaintiff. (1,210 /A 104) Apr 12, 2016 Review and analyze Defendant, RO $160.00 0.2 $32.00 Cory Henry's First Request to Produce to Plaintiff. (L210 /A 104) Apr 14, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Lourdes Wyler inquiring whether or not the Defendants should move for a stay of the proceedings in light of the pending criminal charges against the officers. (L120 /A104) Apr 14, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Lyman Reynolds regarding his position regarding the filing of the Motion to Stay on behalf of the officers and the likelihood for success of the same. (L120 /A 104) Apr 14, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Harriet Lewis regarding her position on the filing of the Motion to Stay the case in light of the potential criminal exposure. (L120 IA 104) Page 474 of 960 Apr 14, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Lyman Reynolds advising that he has done the research regarding the Motion to Stay the case and the likelihood for success on the Motion to Stay. (L 120 /A 104) Apr 14, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Bruce Jolly, regarding his position on the filing of the Motion to Stay and the likelihood for success. (L 120 /A 104) Apr 14, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Lyman Reynolds confirming that there is an open FBI investigation, however, no charges have been filed to date. (L120 /A104) Apr 14, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Lourdes Wydler, advising that she believes the Motion to Stay should be filed and the reasons for her position. (L120 /A104) Apr 19, 2016 Review and analyze Plaintiffs RO $160.00 0.2 $32.00 Notice of Serving First Set of Interrogatories to Defendant City of Boynton Beach. (L210 /A104) Apr 19, 2016 Review and analyze Plaintiffs First RO $160.00 0.2 $32.00 Request for Production to Defendant, City of Boynton Beach. (L210 /A 104) Apr 19, 2016 Review and analyze Plaintiffs RO $160.00 0.2 $32.00 Notice of Serving First Set of Interrogatories to Defendant Michael Brown. (1-210 /A104) Apr 19, 2016 Review and analyze Plaintiffs First RO $160.00 0.1 $16.00 Request for Production to Defendant, Michael Brown. (1,210 /A 104) Page 475 of 960 Apr 19, 2016 Review and analyze Plaintiff s RO $160.00 0.2 $32.00 Notice of Serving First Set of Interrogatories to Defendant Stephen Maiorino. (L210 /A 104) Apr 19, 2016 Review and analyze Plaintiff s First RO $160.00 0.1 $16.00 Request for Production to Defendant, Stephen Maiorino. (L210 /A 104) Apr 19, 2016 Review and analyze Plaintiffs RO $160.00 0.2 $32.00 Notice of Serving First Set of Interrogatories to Defendant, Matthew Medeiros. (1,210 /A104) Apr 19, 2016 Review and analyze Plaintiffs First RO $160.00 0.1 $16.00 Request for Production to Defendant, Matthew Medeiros. (L210 /A 104) Apr 19, 2016 Review and analyze Plaintiffs RO $160.00 0.2 $32.00 Notice of Serving First Set of Interrogatories to Defendant Cory Henry. (L210 /A 104) Apr 19, 2016 Review and analyze Plaintiffs First RO $160.00 0.1 $16.00 Request for Production to Defendant, Cory Henry. (L210 /A 104) Apr 25, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from Plaintiffs counsel seeking an additional deadline to extend the deadline for an additional 30 days to amend the pleadings and to add parties, inquiring as to whether there are any objections to the same. (1,120 /A 104) Apr 25, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Harriet Lewis advising that he has no objection to extending the time to amend the pleadings and disclose parties by thirty days. (L120 /AI04) Page 476 of 960 Apr 25, 2016 Review and examine RO $160,00 0.1 $16.00 correspondence from attorney, Robert Schwartz advising that he has no objection to extending the time to amend the pleadings and disclose parties by thirty days. (L 120 /A 104) Apr 25, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Bruce Jolly advising that he has no objection to extending the time to amend the pleadings and disclose parties by thirty days. (1,120 /A104) Apr 25, 2016 Drafted correspondence to RO $160.00 0.1 $16.00 Plaintiffs counsel advising that I have no objection to the additional extension of time to add parties and amend the pleadings. (L120 /A103) Apr 25, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Don Stephens advising that he has no objection to extending the time to amend the pleadings and disclose parties by thirty days. (L120 /A104) Apr 26, 2016 Review and analyze Plaintiffs RO $160.00 0.2 $32.00 Unopposed Motion to Extend Deadline to Join Parties and/or Amend Pleadings. (L210 /At 04) Apr 27, 2016 Review and analyze Paperless RO $160.00 0.1 $16.00 Order granting Motion for Extension of Time. (L210 /A 104) May 02, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Bruce Jolly, inquiring as to whether the Fifth Amendment Privilege should be asserted in responding to the initial discovery responses. (L120 /A 104) Page 477 of 960 May 03, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds regarding requested records and materials from the City and Palm Beach County State Attorney's office. (L120 /A104) May 11, 2016 Telephone conference with RO $160.00 0.2 $32.00 attorney, Bruce Jolly regarding responding to the discovery propounded to Defendants and possibly asserting a 5th amendment privilege regarding the same. (L120 /A 108) May 18, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Request for Copies regarding City of Boynton's Notice of Production from Non-Party dated May 12, 2016. (L210 /A 104) May 20, 2016 Telephone conference with AIfred RO $160.00 0.3 $48.00 Martinez's criminal attorney, Richard Lubin regarding responding to the discovery and the potential 5th Amendment privilege/waiver issues; he does not want Mr. Martinez to respond to the discovery if it waives his Fifth Amendment rights. (L120 /A108) May 20, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from the Plaintiffs counsel regarding the status of the case and the discovery propounded to Alfred Martinez. (1,120 /A 104) May 20, 2016 Telephone conference with RO $160.00 0.1 $16.00 Plaintiffs counsel wherein the Plaintiff granted a 15 day extension to respond to the outstanding discovery. (L120 /A108) May 20, 2016 Drafted correspondence to RO $160.00 0.1 $16.00 Plaintiffs counsel memorializing the extension of a 15 days extension to respond to the Plaintiffs discovery. (L120 /A103) Page 478 of 960 May 20, 2016 Review and analyze Defendant, RO $160.00 0.2 $32.00 Matthew Medeiros' Notice of Production from Non -Party and corresponding subpoenas. (L210 /A 104) May 26, 2016 Review and analyze copied RO $160.00 0.1 $16.00 correspondence from Plaintiffs counsel to Judge regarding assistance from the Court directing a time period within which certain discovery must occur in order to facilitate scheduling necessary depositions, (L120 /A104) May 26, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from Judge advising that a motion specifying relief request should be filed. (L110 /A 104) Jun 01, 2016 Telephone conference with RO $160.00 0.1 $16.00 attorney, Lyman Reynolds regarding the status of the discovery and obtaining unredacted statements. (L 120 /A 108) Jun 01, 2016 Review and analyze RO $145.00 0.1 $14.50 correspondence from attorney Lyman Reynolds enclosing additional video footage and records. (L 120 /A 104) Jun 02, 2016 Review and analyze unredacted LM $150.00 1.4 $210.00 officer reports received from Co - Defendant City of Boynton Beach. (L320 /A 104) Jun 02, 2016 Outside printing charges for records $702.64 F x p;'j jst� $702.64 for Harris V Boynton from Pictera Solutions. (--/E102) Page 479 of 960 Jun 02, 2016 Telephone conference with client, RO $160.00 2.9 $464.00 Alfred Martinez to go over the proposed Answers to the Plaintiffs Interrogatories with the 5th Amendment privilege asserted, the proposed Answers to Plaintiffs Interrogatories without the 5th Amendment privilege, reviewed the Helicopter video frame by frame as well as the 911 calls to make sure the same are consistent with the proposed Answers to the Plaintiffs Interrogatories. (L 120 /A 106) Jun 03, 2016 Telephone conference with Alfred RO $160.00 0.3 $48,00 Martinez's attorney, Richard Lubin regarding the proposed Answers to Interrogatories and whether the 5th Amendment privilege will be asserted. (L120 /A108) Jun 03, 2016 Drafted correspondence to attorney, RO $160.00 0.1 $16.00 Richard Lubin regarding the proposed Answers to the Plaintiffs Interrogatories for his approval. (L120 /A103) Jun 06, 2016 Review and analyze Co -Defendant LM $150.00 0.3 $45.00 Herny's Response to Plaintiffs Request for Production in order to summarize the same to the client. (L310 /A 104) Jun 06, 2016 Review and analyze Co -Defendant LM $150.00 0.7 $105.00 Herny's Answers to Plaintiffs Interrogatories in order to summarize the same to the client. (L310 /A104) Jun 06, 2016 Review and analyze Boynton LM $150.00 0.7 $105.00 Beach's Answers to Plaintiffs Interrogatories in order to summarize the same to the client. (L310 /A104) Jun 06, 2016 Review and analyze Plaintiffs LM $150.00 0.8 $120.00 Answers to Co -Defendant Brown's Interrogatories in order to summarize the same to the client. Page 480 of 960 Jun 06, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Consent Motion to Revise Pretrial Scheduling Order. (1,210 /A104) Jun 06, 2016 Drafted correspondence to attorney, RO $160.00 0.1 $16.00 Richard Lubin regarding the proposed Answers to the Plaintiffs Interrogatories with the 5th Amendment privilege asserted for his approval. (L 120 /A 103) Jun 07, 2016 Review and analyze Plaintiffs LM $150.00 0.8 $120.00 Answers to Boynton Beach's Interrogatories in order to summarize the same to the client. (1,310/A104) Jun 07., 2016 Review and analyze Plaintiffs LM $150.00 0.6 $90.00 Response to Co -Defendant Herny's Request for Production in order to summarize the same to the client. (1,310/A104) Jun 07, 2016 Review and analyze Plaintiffs LM $150.00 0.8 $120.00 Answers to Co -Defendant Herny's Interrogatories in order to summarize the same to the client. (L310 /A 104) Jun 07, 2016 Review and analyze stop stick LM $150.00 0.7 $105.00 lesson plans produced in Plaintiffs Rule 26 disclosures. (1,300 /A104) Jun 07, 2016 Review and analyze the dispatch LM $150.00 1.5 $225.00 recordings produced in Plaintiffs Rule 26 disclosures. (L310 /A104) Jun 07, 2016 Review and analyze the redacted LM $150.00 2, 5 $375.00 Officer's reports produced in Plaintiffs Rule 26 disclosures in order to summarize the same to the client. (L310 /A 104) Jun 07, 2016 Review and analyze photographs of LM $150.00 0.3 $45.00 the Plaintiff, the passengers, and the scene produced in Plaintiffs Rule 26 disclosures. (L310 /A 104) Jun 07, 2016 Review and analyze Plaintiffs LM $150.00 0.2 $30.00 Unverified Answers to Herny's Interrogatories. (L310 /A104) Page 481 of 960 Jun 07, 2016 Review and analyze Plaintiffs LM $150.00 0.2 $30.00 unverified Answers to Co- Defendant Brown's Interrogatories. (L310 /A 104) Jun 07, 2016 Review and analyze Plaintiffs LM $150.00 0.6 $90.00 Answers to Co-Defendant Brown's Interrogatories in order to summarize the same to the client. (L310 /A104) Jun 07„ 2016 Review and analyze Plaintiffs LM $150.00 0.3 $45.00 Response to Co-Defendant Brown's Request for Production in order to summarize the same to the client. (L310 /A 104) Jun 07, 2016 Review and analyze Boynton Beach LM $150.00 0.9 $135.00 PD's complaint procedures produced with Plaintiff's Initial Rule 26 disclosures. (L310 /A 104) Jun 07, 2016 Review and analyze the helicopter LM $150.00 0.5 $75.00 footage produced in Plaintiffs Rule 26 disclosures. (1,320 /A104) Jun 07, 2016 Review and analyze profiling and LM $150.00 0.5 $75.00 resistance documentation from Boynton Beach PD produced in Plaintiffs Initial Rule 26 disclosures. (1,320 /A104) Jun 07, 2016 Review and analyze over 100 pages LM $150.00 0.9 $135.00 of email correspondence between Major Steele of Boynton Beach PD and PBSO produced in Plaintiffs Rule 26 initial disclosures. (1,310 /A 104) Jun 07, 2016 Review and analyze Press Release LM $150.00 0.5 $75.00 and BBPD Official Statement produced in Plaintiffs Rule 26 disclosures. (L310 /A104) Jun 08, 2016 Review and analyze Internal Affairs LM $150.00 1.1 $165.00 reports produced in Plaintiffs Rule 26 disclosures. (1,310 /A104) Page 482 of 960 Jun 08, 2016 Review and analyze Plaintiffs letter LM $150.00 0.2 $30.00 to BBPD dated April 27, 2015 regarding public records request produced with Plaintiffs Initial Rule 26 Disclosures. (L310 /A104) Jun 08, 2016 Review and analyze Plaintiffs letter LM $150.00 0.2 $30.00 to PBSO dated April 27, 2016 regarding public records request produced in Plaintiffs initial disclosures. (L310 /A104) Jun 08, 2016 Review and analyze Taser Use of LM $150.00 0.6 $90.00 Force documentation produced in Plaintiffs Rule 26 initial disclosures. (L310 /A 104) Jun 08, 2016 Review and analyze BBPD Unit on LM $150.00 0.2 $30.00 Duty documentation produced in Plaintiffs Rule 26 disclosures. (L310 /A 104) Jun 08, 2016 Review and analyze limited LM $150.00 0.2 $30.00 redacted medical records for Officer Williams from Delray Medical Center produced in Plaintiffs Rule 26 initial disclosures. (L310 /A104) Jun 09, 2016 Outside printing charges for records $587.27 Expense $587.27 from Pictera Solutions (--/E102) Jun 09, 2016 Review and analyze audio LM $150.00 0.6 $90.00 recording of Jeff Bramwell received from Co-Defendant Boynton Beach PD in order to summarize the same to the client. (L310 /A104) Jun 09, 2016 Review and analyze audio of LM $150.00 1,1 $165.00 Ashley Hill's police interview produced in Plaintiffs Initial disclosures in order to summarize the same to the client. (L310 /A104) Jun 09, 2016 Review and analyze audio of Byron LM $150.00 0.6 $90.00 Harris' police interview produced in Plaintiffs initial disclosures in order to summarize the same to the client. (L310 /A 104) Page 483 of 960 Jun 10, 2016 Review and analyze video of Jeff LM $150.00 0.6 $90.00 Braswell's police interview in order to summarize the same to the client. (L310 /A 104) Jun 10, 2016 Review and analyze video of LM $150.00 1.1 $165.00 Ashley Hill's police interview in order to summarize the same to the client. (L310 /A104) Jun 10, 2016 Review and analyze video of Byron LM $150.00 0.6 $90.00 Harris' police interview produced in Plaintiffs Initial disclosures in order to summarize the same to the client. (L310 /A 104) Jun 22, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 Matthew Madeiros' Request for Copies to Defendant, Justin Harris. (L210 /A 104) Jun 23, 2016 Review and analyze Defendant RO $160.00 0.1 $16.00 Stephen Maiorino's Motion to Stay Discovery fending Resolution of Federal Criminal Investigation, (L210 /A 104) Jun 24, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Harriet Lewis' office regarding their objection to the stay of the case and Joint Notice. (L120 /A104) Jun 24, 2016 Review and analyze RO $ 160.00 0.1 $16.00 correspondence from attorney Robert Schwartz regarding his agreement and everyone's answers to 3 and 4 of the Motion to Stay. (L 120 /A 104) Jun 24, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds' stating The City has no objection to the Motion to Stay. (L120 /A104) Jun 24, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Don Stephens advising Officer Herny has not objection to the Motion to Stay. (L120 /A104) Page 484 of 960 Jun 24, 2016 Review and analyze Paperless RO $160.00 0.1 $16.00 Order on Defendant Mairoino's Motion to Stay Discovery ordering a Joint Notice. (L210 /A 104) Jun 24, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Response in Opposition to Motion to Stay Discovery Pending Resolution of Federal Criminal Investigation. (L210 /A 104) Jun 27, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Michael T. Burke regarding the Joint Notice in response to the Motion to Stay, stating Officer Brown has no objection to the same. (L 120 /A 104) Jun 27, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robert Schwartz regarding questions 3 and 4 of the Motion to Stay. (1,120 IAI04) Jun 27, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Oscar Marrero stating Officer Justin Harris has not objection to the stay or to extending pretrial deadlines, and the on-going criminal investigation. (L 120 /A 104) Jun 27, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence rom Christy Runkles regarding the Joint Notice concerning Defendants only. (L120 /A 104) Jun 27, 2016 Review and analyze Defendants' RO $160.00 0.1 $16.00 Joint Notice in Response to Paperless Order (DE 71). (1,210 /A 104) Jun 27, 2016 Telephone conference with RO $160.00 0.1 $16.00 attorney, Richard Lubin regarding whether he agrees with the Motion to Stay the Civil Case. (1,120 /A 107) Page 485 of 960 Jul 06, 2016 Review and analyze the documents LM $150.00 3.1 $465.00 j received in response to Co- Defendant City of Boynton Beach's public records requests from the local law enforcement agencies. (L320 /A104) Jul 06, 2016 Review and analyze Boynton Beach LM $150.00 2.8 $420.00 Police Department reports and training spreadsheets recieved from Co-Defendant City of Boynton Beach. (L320 /A 104) Jul 08, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Linnes Finney regarding seeking court intervention in the discovery dispute regarding setting depositions. (1.120 /A 104) Jul 08, 2016 Review and analyze Order Setting RO $160.00 0.1 $16.00 Discovery Hearing for 7/15/16. (L210 /A 104) Jul 11, 2016 Review and analyze Officer LM $150.00 0.9 $135.00 Williams FBI statement recieved from Co-Defendant City of Boynton Beach. (L320 /A104) Jul 11, 2016 Review and analyze Jeffrey LM $150.00 1.6 $240.00 Braswell's FBI statement received from Co-Defendant City of Boynton Beach. (L320 /A 104) Jul 11, 2016 Review and analyze Byron Harris' LM $150.00 2 $300.00 FBI statement received from Co- Defendant City of Boynton Beach. (L320 /A104) Jul 11, 2016 Review and analyze the personnel LM $150.00 3.4 $510.00 and discipline files of the officers named in the suit received from Co- Defendant City of Boynton Beach. (L320/A]04) Jul 13, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Harriet Lewis' office regarding their client, Matthew Madeiros' availability for deposition. (L120 /A 104) Page 486 of 960 Jul 13, 2016 Review and analyze copied RO $160.00 0.1 $16.00 correspondence from attorney Julia A. Farkas to Judge regarding the Discovery Calendar hearing. (L120 /A 104) Jul 13, 2016 Review and analyze Order denying RO $160.00 0.1 $16.00 Defendant Maiorino's Motion to Stay Discovery Pending Resolution of Federal Criminal Investigation. (L210 /A 104) Jul 14, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from counsel for Justin Harris regarding his deposition availability. (L120 /A 104) Jul 14, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Motion for Leave to Appear Telephonically at Discovery Calendar hearing. (1,210 /A104) Jul 15, 2016 Review and analyze Co -Defendant RO $160.00 0.1 $16.00 Just Harris' Motion for Leave to Appear Telephonically at hearing. (L210/A]04) Jul 15, 2016 Review and analyze Order denying RO $160.00 0.1 $16.00 Motions for Leave to Appear Telephonically filed by Plaintiff and counsel for Justin Harris. (L210 /A 104) Jul 15, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Don Stephens regarding reaching a solution on the scheduling dispute. (L120 /A104) Jul 15, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Harriet Lewis regarding resolving the scheduling dispute. (L120 /A 104) Jul 15, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Bruce Jolly regarding resolving the scheduling dispute. (L 120 /A 104) Page 487 of 960 Jul 15, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robert Schwartz regarding the scheduling dispute. (L120 /A 104) Jul 15, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold regarding the scheduling dispute. (L120 /A104) Jul 15, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Don Stephens regarding list of all counsel's current availability. (L 120 /A 104) Jul 15, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robert Schwartz confirming his client's deposition availability. (L 120 /A 104) Jul 15, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Bruce Jolly regarding the status of the hearing on the scheduling dispute. (L120 /A 104) Jul 15, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from counsel for Defendants Marrero and Wydler regarding their availability for deposition. (1,120 /A104) Jul 15, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lines Finney regarding a tentative outline of deposition availability. (L 120 /A 104) Jul 15, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Don Stephens regarding an error in dating on the list of all counsel's tentative deposition availability. (1,120 /A 104) Jul 15, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robert Schwartz regarding his attending the hearing on the scheduling dispute. (L 120 /A 104) Page 488 of 960 Jul 15, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds about Plaintiffs availanbilty for deposition, and dates for the Chiefs deposition. (L 120 /A 104) Jul 15, 2016 Review and analyze Minute Entry RO $160.00 0.1 $16.00 for proceedings held before US Magistrate Brannon on Discovery Hearing. (L210 /A 104) Jul 15, 2016 Review and analyze Order on RO $160.00 0.1 $16.00 Plaintiffs unopposed Ore Tenus Motion to Extend Certain Pretrial deadlines. (L210 /A] 04) Jul 15, 2016 Plan and prepare for the hearing on RO $160.00 0.4 $64.00 Discovery Issues before set by the Court. (1,450 /A 10 1) Jul 15, 2016 Attended hearing on Discovery RO $160.00 0.9 $144.00 Hearing before U.S. Magistrate Judge Dave Lee Brannon, all discovery issues were resolved before the hearing. (L450 /A109) Jul 19, 2016 Review and analyze RO $160,00 0.1 $16.00 correspondence from attorney Linnes Finney, Jr. regarding the agreement on discovery depositions. (1,120 /A 104) Jul 25, 2016 Review and analyze executed Order RO $160.00 0.4 $64.00 on Defendants' Motions to Dismiss. (L210 /A 104) Jul 25, 2016 Review and analyze Defendant City RO $160.00 0.2 $32.00 of Boynton Beach's Motion for Physical Examination of Plaintiff, Byron J. Harris, Jr, (1,210 /A104) Jul 28, 2016 Review and analyze Co -Defendant RO $160.00 0.2 $32.00 Maiorino's Amended Answcr/Affirmative Defenses. (L210 /A 104) Jul 29, 2016 Review and analyze PIaintiff s RO $160.00 0.1 $16.00 Notice of Taking Deposition of Officer Michael Brown. (L210 /A 104) Page 489 of 960 Jul 29, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Deposition of Officer Justin Harris. (L210 /A104) Jul 29, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Deposition of Officer Cory Herny. (L210 /A104) Jul 29, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Deposition of Stephen Maiorino. (L210 /A104) Jul 29, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Deposition of Officer Alfred Martinez. (L210 IA 104) Ju129, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Deposition of Officer Matthew Medeiros. (L210 /A 104) Jul 29, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Deposition of Officer Ronald Ryan. (L210 /At 04) Jul 29, 2016 Review and analyze the Complaint LM $150.00 0.3 $45.00 and the Order on Defendants' Motion to Dismiss in order to prepare the Amended Answer to Plaintiff s Complaint pursuant to the Court Order. (L210 /A 104) Jul 29, 2016 Preparation of the Amended LM $150.00 0.6 $90.00 Answer to Plaintiffs Complaint pursuant to the Court Order on Defendants' Motion to Dismiss. (L210 /A103) Jul 29, 2016 Review and analyze Co -Defendant RO $160.00 0.1 $16.00 Cory Herny's Answer and Affirmative Defenses to Plaintiffs Complaint. (L210 /A104) Aug 01, 2016 Review and analyze Co -Defendant RO $160.00 0.2 $32.00 Ronald Ryan's Amended Answer and Affirmative Defenses to Plaintiffs Complaint. (L210 /A 104) Aug 01, 2016 Review and analyze Co-DefendantRO $160.00 0.1 $16.00 Matthew Medeiros' Answer to Count XVII of Plaintiffs Complaint. (L210 /A104) Page 490 of 960 Aug 01, 2016 Review and analyze Co -Defendant, RO $160.00 0.2 $32.00 Justin Harris' Answer and Affirmative Defenses to Plaintiffs Complaint. (L210 /A 104) Aug 01, 2016 Review and analyze Co -Defendant RO $160.00 0.1 $16.00 City of Boynton Beach's Answer and Affirmative Defenses to Plaintiff s Complaint. (L210 /A 104) Aug 04, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Taking Video Deposition of Sergeant Phillip Antico. (L210 /A 104) Aug 04, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Taking Video Deposition of Major Kelly Harris. (L210 /A104) Aug 04, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Taking Video Deposition of Captain Joseph DeGuillo, PWMK of Use of Force. (L210 /A104) Aug 04, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Don Stephens regarding August 8th not being one of the agreed upon deposition dates. (L120 /A104) Aug 04, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Linnes Finney requesting an alternative date for the deposition of the Police Chief. (L 120 /A104) Aug 04, 2016 Outside printing charges for $44.82 Expense $44.82 discovery from Pictera. (--/E102) Aug 04, 2016 Preparation of correspondence to RO $160.00 0.3 $48.00 client, Alfred Martinez regarding the Notice of taking his Deposition. (L 110 IA 103 ) Aug 05, 2016 Review and analyze Defendant RO $160.00 0.1 $16.00 Brown's Objection to Plaintiffs Request to Produce Documents at Deposition. (L210 /A 104) Aug 05, 2016 Review and analyze City of RO $160.00 0.1 $16.00 Boynton Beach's Unopposed Motion for Leave to Depose Plaintiff. (L210 /A104) Page 491 of 960 Aug 05, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 Matthew Medeiros' Request for Copies to Defendant, Justin Harris. (L210 /A 104) Aug 05, 2016 Plan and prepare for the Plaintiffs RO $160.00 0.5 $80.00 deposition of Officer Michael Brown. (L330 /A109) Aug 05, 2016 Attended the Plaintiffs video taped RO $160.00 2.1 $336.00 deposition of Officer Michael Brown. (L330 /A109) Aug 05, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold's office regarding Chief Katz's availability for deposition. (L120 /A104) Aug 05, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold confirming Monday's deposition will not be going forward. (L 120 /A 104) Aug 05, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Michael Burke's office regarding their availability for deposition. (L120 /A104) Aug 05, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Don Stephens confirming his availability for Chief Katz's deposition in late August. (L120 /A 104) Aug 07, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Bruce Jolly regarding his availability for the deposition of Chief Katz. (L120 /A 104) Aug 07, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robert Shwartz regarding his availability for the deposition of Chief Katz. (L120 /A104) Page 492 of 960 Aug 08, 2016 Review and analyze City of RO $160.00 0.1 $16.00 Boynton Beach's Supplement to Motion for Leave to Depose Plaintiff. (L210 /A 104) Aug 09, 2016 Review and analyze copied RO $160.00 0.1 $16.00 correspondence to Magistrate regarding Co-Defedant City of Boynton Beach's Supplement to Motion for Physical Examination of Plaintiff and their proposed Agreed Order. (L120 /A104) Aug 09, 2016 Review and analyze Re -Notice of RO $160.00 0.1 $16.00 Taking Video Deposition Duces Tecum of Chief Jeffrey S. Katz. (L210 /A 104) Aug 09, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 Matthew Medeiros' Request for Copies to Defendant, City of Boynton Beach. (L210 /A104) Aug 09, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Second Amended Notice of Taking Deposition of Officer Matthew Medeiros. (L210 /A104) Aug 09, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Second Amended Notice of Taking Deposition of Stephen Mairorino. (L210 /A 104) Aug 10, 2016 Plan and prepare for the depositions RO $160.00 0.5 $80.00 of Ronald Ryan, Officer Majorino and Officer Medeiros. (L330 /A 104) Aug 11, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition Duces Tecum on Dr. Craig Lichtblau. (L210 /A 104) Aug 11, 2016 Attended the Plaintiffs video taped RO $160.00 2.5 $400.00 deposition of Defendant, Ronald Ryan. (L330 /A 109) Aug 11, 2016 Attended the Plaintiffs video taped RO $160.00 1 $160.00 deposition of Officer Matthew Medeiros. (L330 /A109) Page 493 of 960 Aug 11, 2016 Attended the Plaintiffs video taped RO $160.00 0.7 $112.00 deposition of Officer Majorino. (L330 /A109) Aug 11, 2016 Attended discovery hearing before RO $160.00 0.3 $48.00 Magistrate David Lee Brannon regarding the Plaintiffs deposition which is set for next week. (L450 /A 109) Aug 12, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from Co -Defendant City of Boynton Beach regarding their proposed Order on their Motion for Leave to depose Plaintiff. (L120 /A 104) Aug 12, 2016 Review and analyze Re -Notice of RO $160.00 0.1 $16.00 Taking Deposition Duces Tecum of Dr. Craig Lichtblau. (L210 /A 104) Aug 12, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robert Schwartz regarding his agreement to City of Boynton Beach's proposed Order regarding Plaintiffs deposition. (L120 /A104) Aug 12, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from Plaintiffs counsel regarding their agreement to Co -Defendant's proposed Order regarding Plaintiffs deposition. (L 120 /A 104) Aug 12, 2016 Review and analyze copied RO $160.00 0.1 $16.00 correspondence to Magistrate Brannon from Co -Defendant regarding the proposed Order on Defendant, City of Boynton Beach's Motion for Leave to Depose Plaintiff. (L1201A104) Aug 12, 2016 Review and analyze minute entry RO $160.00 0.1 $16.00 for discovery hearing held 8111116 before US Magistrate Judge Dave Lee Brannon. (L210 /A104) Aug 12, 2016 Review and analyze executed Order RO $160.00 0.1 $16.00 , Authorizing Physical Examination of Plaintiff. (L210 /A 104) Page 494 of 960 Aug 15, 2016 Drafted correspondence to client, RO $160.00 2.1 $336.00 Alfred Martinez summarizing the depositions taken of Officer Michael Brown, Officer Ronald Ryan, Officer Matthew Medeiros and Officer Maiorino and the effect on the claims asserted against Mr. Martinez. (L330 /A 103) Aug 16, 2016 Review and analyze executed Order RO $160.00 0.1 $16.00 Authorizing Video Recorded Deposition of Plaintiff. (L210 /A 104) Aug 16, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Deposition of Leif Erik Broberg. (L210 /A 104) Aug 16, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Deposition of Cynthia Rivera. (L210 /A 104) Aug 16, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Second Request for Production to City of Boynton Beach. (L210 /A 104) Aug 16, 2016 Review and analyze Amended RO $160.00 0.1 $16.00 Notice of Taking Video Deposition Duces Tecum of Alfred Martinez for August 19, 2016. (L210 /A104) Aug 16, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Video Deposition Duces Tecum of Pilot Michael Musto. (L210 /A 104) Aug 16, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Video Deposition of Pilot Byron Karp. (L210 /A 104) Aug 16, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Deposition of Maged S. Habib, MD. (L210 /A 104) Aug 16, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Cross Notice of Taking Deposition of Leah Rebekah Devery. (L210 /A 104) Aug 16, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Cross -Notice of Taking Deposition of Jeffrey Braswell. (L210 /A104) Page 495 of 960 Aug 16, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Cross -Notice of Taking Deposition of Dr. Brianna Garrett. (1,210 /A 104) Aug 16, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Cross -Notice of Taking Deposition of Dr. Carol Adami. (L210 /At 04) Aug 16, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Linnes Finney, regarding the scheduling of Mr. Martinez's deposition. (L 120 /A 104) Aug 16, 2016 Drafted correspondence to attorney, RO $160.00 0.1 $16.00 Linnes Finney advising that Mr. Martinez will be asserting his 5th amendment privilege against self incrimination at his deposition. (L120 /A103) Aug 17, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Request for Copies regarding Defendant Harris' Notice of Production from Non -Party dated July 29, 2016. (L210 /A 104) Aug 17, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Request for Copies regarding Defendant Harris' second Notice of Production from Non -Party dated July 29, 2016. (L210 /A104) Aug 17, 2016 Plan and prepare for the deposition RO $160.00 0.7 $112.00 of the Plaintiff, Bryon Harris, Jr. (L330 /A101) Aug 17, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Deposition of Justin Roth Harris. (L210 /A104) Aug 17, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Deposition of Cory Emanuel Gray. (L210 /A 104) Aug 17, 2016 Review and analyze Plaintiff s RO $160.00 0.1 $16.00 Amended Notice of Taking Video Deposition of Captain Joseph DeGuilio. (L210 /A104) Page 496 of 960 Aug 17, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Deposition Duces Tecum of Robin Eichorst. (L210 /A 104) Aug 17, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Deposition Duces Tecum on Charles Ramos. (L210 /A 104) Aug 17, 2016 Review and analyze Re -Notice of RO $160.00 0.1 $16.00 Taking Videotaped Deposition of Plaintiff Byron L. Harris, Jr. (L210 /A 104) Aug 1 , 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from Plaintiffs counsel regarding Alfred Martinez's use of his Fifth Amendment privilege at his deposition to be taken. (L 120 /A 104) Aug 18, 2016 Attended the deposition of the RO $160.00 9.5 $1,520.00 Plaintiff, Bryon Harris, Jr. at the Palm Beach County Jail. (L330 /A 109) Aug 18, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Amended Notice of Taking Deposition of Pilot Byron Karp. (L210 /A 104) Aug 18, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of L cal'i Rebekah Devery. (L210 /A I 04) Aug 18, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of Jeffrey Braswell. (L210 /A 104) Aug 18, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of Dr. Carol Adami. (L210 IA 104) Aug 18, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of Dr. Brianna Garrett. (1,210 /A 104) Aug 18, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of Charlene Edwards. (L210 /A104) Page 497 of 960 Aug 18, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Cancellation of Deposition of Alfred Martinez for August 19, 2016. (L210 /A 104) Aug 19, 2016 Review and analyze Plaintiffs Re- RO $160.00 0.1 $16.00 Notice of Taking Video Deposition of Officer Alfred Martinez. (1,210 /A 104) Aug 19, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Video Deposition Duces Tecum of Stephanie Slater. (L210 /A 104) Aug 19, 2016 Outside printing charges for records $36.28 Expense $36.28 for Justin Harris from Pictera. (-- /E 102) Aug 22, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Second Re -Notice of Taking Deposition of Dr. Craig Lichtblau. (L210 /A 104) Aug 22, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold regarding the deposition transcript of Officer Michael Brown. (L210 /A104) Aug 22, 2016 Review and analyze deposition RO $160.00 1.1 $176.00 transcript of Officer Michal Brown along with corresponding exhibits. (L330 /A 104) Aug 22, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Third Request for Production to City of Boynton Beach. (L210 /A104) Aug 22, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Amended Notice of Taking Deposition of Stephanie Slater. (L210 /A 104) Aug 22, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Deposition of Jeffrey Williams. (L210 /A104) Aug 23, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16,00 Notice of Taking Deposition of Patrick Monteith. (L210 /A104) Page 498 of 960 Aug 23, 2016 Plan and prepare for the deposition RO $160.00 0.5 $80.00 of Stephanie Slater and Alfred Martinez. (L330 /A101) Aug 23, 2016 Attended the Plaintiffs video taped RO $160.00 1.7 $272.00 deposition of Stephanie Slater. (L330 /A109) Aug 23, 2016 Attended pre -deposition conference RO $160.00 0.5 $80.00 with client, Alfred Martinez and his personal attorney, Richard Lubin. (L330 /A 109) Aug 23, 2016 Attended the Plaintiffs video taped RO $160.00 0.9 $144.00 deposition of client, Alfred Martinez. (L330 /A109) Aug 24, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of Dr. Pierre Dorsainvil. (L210 /A104) Aug 24, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of Dr. Manuel Montes de Oca. (1,210 /A 104) Aug 24, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Video Conference Deposition of Roy Bedard. (L210 /A 104) Aug 24, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 Matthew Medeiros' Request for Copies to Plaintiff regarding Plaintiffs Request for Production to City of Boynton Beach dated August 16, 2016 and August 22, 2016. (L210 /A104) Aug 24, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 Matthew Medeiros' Request for Copies to Defendant, Just Harris regarding Notice of Production from Non -Parry dated July 29, 2016. (L210 /A 104) Aug 24, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from Plaintiffs counsel regarding their proposed Motion to Expand Number of Depositions in Excess of Ten. (L 120 /A l 04) Page 499 of 960 Aug 24, 2016 Plan and prepare for the deposition LM $150.00 0.4 $60.00 of Sgt. Antico. (L330 /A101) Aug 24, 2016 Attended deposition of Sgt Antico. LM $150.00 0.8 $120.00 Deposition did not go forward as Sgt. Antico did not appear. (L330 /A 109) Aug 24, 2016 Attended the Plaintiff s video taped RO $160.00 2 $320.00 deposition of Major Kelly Harris. (L330 /A109) Aug 24, 2016 Attended the Plaintiffs deposition RO $160.00 1.3 $208.00 of Officer Eichorst. (L330 /A109) Aug 25, 2016 Review and analyze copied RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds advising of his agreement to the Motion to Expand Number of Depositions. (L120 /A 104) Aug 25, 2016 Plan and prepare for the depositions RO $160.00 0.5 $80.00 of Officers Cynthia Harris, Justin Harris and Charles Ramos. (L330 /A101) Aug 25, 2016 Attended the Plaintiffs video taped RO $160.00 2 $320.00 deposition of Officer Cynthia Rivera. (L330 /A109) Aug 25, 2016 Attended the Plaintiffs deposition RO $160.00 1 $160.00 of Officer Harris. (L330 /A 109) Aug 25, 2016 Attended the Plaintiffs video taped RO $160.00 1.2 $192.00 deposition of the Detective Ramos. (L330 /A109) Aug 25, 2016 Telephone conference with client, RO $160.00 0.1 $16.00 Alfred Martinez, discussed the deposition of Officer Cynthia Rivera and the effect the claim against him. (L 120 /A 106) Aug 26, 2016 Review and analyze Plaintiffs RO $160.00 0.2 $32.00 Unopposed Motion to Exceed Ten Depositions Pursuant to Federal Rule of Civil Procedure 30(a)(2)(A) and Memorandum of Law. (L210 /A104) Aug 26, 2016 Plan and prepare for the depositions RO $160.00 0.5 $80.00 of Officer Monteith and Officer Williams. (L330 /A101) Page 500 of 960 Aug 26, 2016 Attended the Plaintiffs deposition RO $160.00 1.5 $240.00 of Officer Monteith. (L330 /A109) Aug 26, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Andrea Amigo regarding obtaining the FARO scans and distributing to all counsel. (L120 /A104) Aug 26, 2016 Attended the Plaintiffs deposition RO $160.00 1 $160.00 of Officer Williams. (L330 /A109) Aug 27, 2016 Drafted correspondence to client, RO $160.00 1.5 $240.00 Alfred Martinez, summarizing the depositions taken of Stephanie Slater Goldfuss, Chief Kelly Harris and Crime Scene Investigator, Robin Eichorst and advised as to the effect on the claim against Mr. Martinez. (1,330 /A103) Aug 29, 2016 Plan and prepare for the deposition LM $150.00 0.8 $120.00 of Jeffrey Katz. (L330 /A101) Aug 29, 2016 Attend the deposition of Jeffrey LM $150.00 4.8 $720.00 Katz. (L330 /A109) Aug 29, 2016 Review and analyze Endorsed RO $160.00 0.1 $16.00 Order granting the Unopposed Motion to Expand Number of Depositions. (L210 /A104) Aug 30, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Amended Notice of Taking Deposition of Leif Erik Broberg (L330 /A104) � ti, rll 30, 2016 Plan and prepare for the deposition RO $160.00 0.5 $80.00 of Officer Justin Harris and Officer DiGuilio. (L330 /A109) Aug 30, 2016 Attended the Plaintiffs video taped RO $160.00 2.1 $336.00 deposition of Office Justin Harris Badge 820. (L330 /A109) Aug 30, 2016 Attended the Plaintiffs video taped RO $160.00 1.2 $192.00 deposition of Captain DeGuilio. (L330 /A 109) Aug 30, 2016 Review and analyze Plaintiffs Rule SP $80.00 0.1 $8.00 26(a)(1) Supplemental Initial Disclosures. (L210 /A104) Page 501 of 960 Aug 30, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold's office regarding rescheduling the deposition of Leah Rebekah Devery. (L 120 /A 104) Aug 30, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Bruce Jolly's office regarding his availability for the deposition of Leah Rebekah Devery. (L120 /A 104) AUg 30, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Michael T. Burke's office regarding their availability for rescheduling the deposition of Leah Rebekah Devery. (L120 /A104) Aug 30, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Harriet Lewis' office regarding their availability for rescheduling the deposition of Leah Rebekah Devey. (L 120 /A 104) Aug 30, 2016 Plan and prepare for the Co- RO $160.00 0.5 $80.00 Defendant of the Dr. Craig Lichtblau. (L330 /A101) Aug 30, 2016 Attended the Co -Defendant's RO $160.00 2.8 $448.00 discovery deposition of Dr. Craig Lichtblau. (L330 /A109) Aug 31, 2016 Plan and prepare for the deposition LM $150.00 0.8 $120.00 of Cory Emannuel Grey. (L330 IAIOI) Aug 31, 2016 Attend the deposition of Cory LM $150.00 15 $375.00 Emmanuel Grey. (L330 /A109) Aug 31, 2016 Plan and prepare for the deposition LM $150.00 1 $150.00 of Jeffrey Braswell. (L330 /A101) Aug 31, 2016 Plan and prepare for the deposition LM $150.00 1 $150.00 of Ashley Hill. (L330 /A 10 1) Aug 31, 2016 Review and analyze Amended RO $160.00 0.1 $16.00 Notice of Taking Deposition of Leah Rebekah Devery. (L210 /A104) Page 502 of 960 Aug 31, 2016 Review and analyze Re -Notice of RO $160.00 0.1 $16.00 Taking Video Deposition Duces Tecum of Sergeant Philip Antico, (L210 /A 104) Aug 31, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 City of Boynton Beach's Request for Copies to Defendant, Justin Harris regarding Notice of Production from Non -Party dated July 29, 2016. (L210 /A 104) Sep 01, 2016 Drafted correspondence to client, RO $160.00 3.1 $496.00 Alfred Martinez summarizing the depositions taken of Officer Cynthia Rivera, Mr. Justin "Too Tall" Harris, Officer Patrick Monteith, Detective Ramos, Officer Jeffrey Williams, Chief Katz and Captain DeGuilo. (L330 /A103) Sep 01, 2016 Review and analyze Co -Defendant RO $160.00 0.2 $32.00 City of Boynton Beach's Notice of Production from Non -Party and corresponding subpoenas. (L210 /A 104) Sep 01, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold's office confirming the depositions of Dr. Brianna Garrett and Dr. Carol Adami. (L120 /A 104) Sip 01, 2016 Drafted correspondence to SP $80.00 0.1 $8.00 Plaintiffs counsel regarding availability for mediation. (L120 /A 103 ) Sep 01, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds confirming their availability for mediation and their position on other defense counsel's need to attend mediation in person. (L120 /A104) Page 503 of 960 Sep 01, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from Plaintiffs counsel advising of their agreement to allow defense counsels who arc unable to attend mediation in person to appear by phone. (L120 /A 104) Sep 01, 2016 Review and analyze copied RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds advising Don Stephens on his opinion that mediation will be scheduled in a much more timely fashion if defense counsel are allowed to appear by telephone. (L120 /Al 04) Sep 01, 2016 Review and analyze Co -Defendant, RO $160.00 0.1 $16.00 Michael Brown's Request for Copies regarding Justin Harris' Notice of Production from Non - Party dated July 29, 2016. (L210 /A 104) Sep 01, 2016 Preparation of correspondence to LM $150.00 3.3 $495.00 the client summarizing and analyzing discovey responses and Rule 26 disclosures received from the Plaintiff and Co -Defendants. (L320 /A 103) Sep 01, 2016 Attend the deposition of Jeffrey LM $150.00 3.2 $480.00 Braswell. (L330 /A109) Sep 01, 2016 Attend the deposition of Ashley LM $150.00 5.8 $870.00 Hill. (L330 /Al 09) Sep 01, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds regarding the deposition transcripts of Stephen Maiorino, Matthew Medeiros, and Ronald Ryan. (L 120 /A 104) Sep 01, 2016 Review and analyze deposition RO $160.00 0.9 $144.00 transcript of Michael Brown. (L330 /A 104) Sep 01, 2016 Review and analyze deposition RO $160.00 0.3 $48.00 transcript of Robin Eichorst. (1,330 IA 104) Page 504 of 960 Sep 01, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from Plaintiffs counsel regarding possible dates for mediation and mediators agreed upon. (L 120 /A 104) Sep 01, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Bruce Jolly's office regarding his availability for mediation. (L120 /A 104) Sep 01, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robert Schwartz's office regarding his availability for mediation. (L 120 /A 104) Sep 01, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Don Stephens regarding his availability for mediation. (L 120 /A 104) Sep 01, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Harriet Lewis' office regarding availability for mediation. (L120 /A 104) Sep 01, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Michael Burke regarding availability for mediation. (L120 /A 104) Sep 02, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold's office regarding the rescheduling the deposition of Ms Devery. (L120 /A104) Sep 02, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold's office regarding rescheduling the deposition of Charlene Edwards. (L120 /A104) Sep 02, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Request for Copies regarding City of Boynton Beach's Notice of Production from Non -Party dated September 1, 2016. (L210 /A 104) Page 505 of 960 Sep 02, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds regarding proceeding with mediation in my absence based on availability. (L120 /A104) Sep 02, 2016 Review and analyze Co -Defendant RO $160.00 0.2 $32.00 City of Boynton Beach's Notice of Production from Non -Parry and corresponding subpoenas. (L210 /A 104) Sep 02, 2016 Plan and prepare for the deposition LM $150.00 0.8 $120.00 of Briana Garret. (L330 /A101) Sep 02, 2016 Plan and prepare for the deposition LM $150.00 0.8 $120.00 of Dr. Carol Adami. (L330 /A101) Sep 02, 2016 Attend the deposition of Dr. Brianna LM $150.00 0.8 $120.00 Garrett; witness did not appear. (L330 /A109) Sep 02, 2016 Attend the deposition of Dr. Carol LM $150.00 0.5 $75.00 Adami; witness did not appear. (L330 /A109) Sep 02, 2016 Review and examine RO $160.00 0.4 $64.00 correspondence from Plaintiffs counsel regarding the treatises provided by Dr. Craig Lichtblau regarding chronic pain and post traumatic stress disorder and review of the treatises. (L120 /Al 04) Sep 03, 2016 Review and examine Dr. Zeide's RO $160.00 0.9 $144.00 CME Report in preparation to summarize the same to client, Alfred Martinez. (1,120 /A104) Sep 03, 2016 Review and analyze deposition RO $160.00 0.4 $64.00 transcript of Justin Harris. (L330 /A 104) Sep 05, 2016 Review and analyze Plaintiffs LM $150.00 3.7 $555.00 Response to Defendant Harris' Request for Production. (L310 /A 104) Sep 05, 2016 Review and analyze Plaintiffs LM $150.00 0.7 $105.00 Verified Answers to Defendant Harris' Interrogatories. (L310 /A 104) Page 506 of 960 Sep 05, 2016 Review and analyze records LM $150.00 1.4 $210.00 received from Dr. Phil Heller. (L320 /A104) Sep 05, 2016 Review and analyze Plaintiffs LM $150.00 0.2 $30.00 Expert disclosures. (L310 /A104) Sep 05, 2016 Review and analyze documents for LM $150.00 0.8 $120.00 Dr. Lichtblau provided with Plaintiffs Expert disclosures. (L310 /A 104) Sep 05, 2016 Review and analyze Roy Beddard's LM $150.00 2.1 $315.00 Report and CV provided with Plaintiffs Expert disclosures. (L310 IA 104) Sep 06, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robery Schwartz regarding his attending the deposition of Pilot Byron Karp via telephone. (L120 /A 104) Sep 06, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Bruce Jolly regarding his attending the deposition of Pilot Byron Karp via telephone. (L 120 /A 104) Sep 06, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Oscar Marrero regarding his attending the deposition of Pilot Byron Karp via telephone. (L120 /A 104) Sep 06, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Gary Oldehoff regarding his attending the deposition of Pilot Byron Karp via telephone. (L120 /A 104) Sep 06, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robery Schwartz regarding his availability for Ms. Devery's deposition. (L 120 /A 104) Page 507 of 960 Sep 06, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold's office regarding the need for the defense counsel conference call to take place prior to 9/8 and everyone's availability for the same. (L 120 /A 104) Sep 06, 2016 Review and analyze Re -Notice of RO $160.00 0.1 $16.00 Taking Video Conference Deposition of Roy Bedard. (L210 /A 104) Sep 06, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold's office regarding availability on September 12th for the deposition of Leah Devery. (L 120 /A 104) Sep 06, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Don Stephens regarding his availability for the telephone conference. (L120 /A 104) Sep 06, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold's office regarding call-in information for the telephone conference. (L120 /A 104) Sep 06, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold's office regarding providing the names of the attorneys attending Thursday's deposition of Mr. B edard. (L 120 /A 104) Sep 06, 2016 Review and analyze Re -Notice of RO $160.00 0.1 $16.00 Taking Deposition of Leah Rebekah Devery. (L210 /A104) Sep 06, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from client, Alfred Martinez, regarding the upcoming mediation. (L 120 /A 104) Sep 06, 2016 Review and analyze the City of LM $150.00 1.4 $210.00 Boynton Beach's Supplemental Response to Plaintiffs Request for Production. (L310 /A104) Page 508 of 960 Sep 06, 2016 Attended the deposition of Byron LM $150.00 3 $450,00 Karp. (L330 /A109) Sep 06, 2016 Plan and prepare for the deposition LM $150.00 0.7 $105.00 of Byron Karp. (L330 /A101) Sep 06, 2016 Plan and prepare for the deposition LM $150.00 1 $150.00 of Dr. Pierre Dorsainvil. (L310 /A101) Sep 07, 2016 Review and analyze copied RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold to Plaintiffs counsel regarding the agreement to extend the discovery cutoff to September 30, 2016 and additional depositions that need to be taken. (L120 /A 104) `,°l 07, 2016 Review and analyze Co -Defendant RO $160.00 0.1 $16.00 Cory Henry's Request for Copies to City of Boynton Beach regarding Notice of Production from Non - Party dated May 12, 2016. (L210 /A 104) Sep 07, 2016 Review and analyze Co -Defendant RO $160.00 0.1 $16.00 Cory Henry's Request for Copies to City of Boynton Beach regarding Notice of Production from Non - Party dated July 28, 2016. (L210 /A 104) Sep 07, 2016 Review and analyze Co -Defendant RO $160.00 0.1 $16.00 Cory Henry's Request for Copies to City of Boynton Beach regarding Notice of Production from Non - Party dated September 2, 2016. (L210 /A 104) Sq,li 07, 2016 Review and analyze Co -Defendant RO $160.00 0.1 $16.00 Cory Henry's Request for Copies to City of Boynton Beach regarding Notice of Production from Non - Party dated September 1, 2016. (L210 /A104) Sep 07, 2016 Review and analyze Co -Defendant RO $160.00 0.1 $16.00 Cory Henry's Request for Copies to Justin Harris regarding Notice of Document Subpoena dated July 29, 2016. (L210 /A104) Page 509 of 960 Sep 07, 2016 Review and analyze Co -Defendant RO Cory Henry's Request for Copies to Justin Harris regarding Notice of Production from Non -Party dated July 29, 2016. (L210 /A 104) Sep 07, 2016 Review and analyze Co -Defendant RO Cory Henry's Request for Copies to Matthew Medeiros regarding Notice of Production from Non - Party dated May 20, 2016. (L210 /A 104) Sep 07, 2016 Review and analyze Co -Defendant RO City of Boynton Beach's Notice of Trial Conflict. (L210 /A 104) Sep 07, 2016 Review and analyze Co -Defendant RO Michael Brown's Request for Copies regarding City of Boynton Beach's Notice of Production from Non -Party dated September 1, 2016. (L210 /A 104) Sep 07, 2016 Review and analyze Co -Defendant RO Michael Brown's Request for Copies to Defendant, City of Boynton Beach regarding their Notice of Production from Non - Party dated September 2, 2016. (L210 /A 104) Sep 07, 2016 Review and analyze RO correspondence from attorney Robert Schwartz regarding the time period he will be out of town, requesting no depositions will be set. (L 120 /A 104) Sep 07, 2016 Review and analyze RO correspondence from attorney Lyman Reynold's office regarding potential telephonic appearances at the deposition of Mr. Bedard, requesting confirmation if appearances will be made in-person or by phone. (L120 /A104) $160.00 0.1 $160.00 0.1 $160.00 0.1 $160.00 0.1 $160.00 0.1 $160.00 0.1 $160.00 0.1 $16.00 $16.00 $16.00 $16.00 $16.00 $16.00 $16.00 Page 510 of 960 Sep 07, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Oscar Marrero regarding call-in information for the deposition of Mr. B edard. (L 120 /A 104) Sep 07, 2016 Plan and prepare for the Co- RO $160.00 0.4 $64.00 Defendant's Deposition of Dr. Montes De Oca. (L330 /A101) Sep 07, 2016 Attended the Co -Defendant's RO $160.00 1.8 $288.00 Deposition of Dr. Montes De Oca. (L330 /A109) Sep 07, 2016 Attended the deposition of Dr. LM 0 No Pierre Dorsainvil. (L330 /A109) Charge Sep 07, 2016 Plan and prepare for the video LM $150.00 1.3 $195.00 deposition of Roy Beddard. (L330 /A101) Sep 08, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Julia Farkas requesting information on counsel appearing via telephone at the deposition of Leif Broberg. (L 120 /A 104) Sep 08, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Cancellation of Deposition of Dr. Maged Habib. (L210 /A 104) Sep 08, 2016 Plan and prepare for the depositions RO $160.00 0.6 $96.00 of Lief Broberg, Palm Beach County Sheriffs Deputy Musto and Sergeant Antico. (L330 /A101) Sep 08, 2016 Review and analyze Co -Defendant RO $160.00 0.1 $16.00 City of Boynton Beach's Subpoena for Deposition for Dr. Pierre Dorsainvil. (L210 /A104) Sep 08, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 City of Boynton Beach's Subpoena for Deposition for Dr. Manuel de Oca. (L210 /A104) Sep 08, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Michael Burke's office regarding the location of Leif Broberg's deposition. (L 120 /A 104) Page 511 of 960 Sep 08, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Julia Farkas regarding the location for Leif Broberg's deposition remaining the same as noticed. (L120 /A104) Sep 08, 2016 Attend the video conference LM $150.00 4.8 $720.00 deposition of Roy Beddard. (L330 /A 109) Sep 09, 2016 Drafted correspondence to client, RO $160.00 2.3 $368.00 Alfred Martinez, summaring the depositions taken of Dr. Craig Lichtblau, Dr. Pierre Dorsainvil, Dr. Manual Montes de Oca, Plaintiffs expert Roy Beddard and Officer Lief Broberg (L330 /A103) Sep 09, 2016 Review and analyze Defendant's RO $160.00 0.1 $16.00 Ronald Ryan's Notice of Conflict of Trial. (L210 /A 104) Sep 09, 2016 Review and analyze Co-Defendant RO $160.00 0.1 $16.00 Ronald Ryan's Request for Copies regarding City of Boynton Beach's Notice of Production from Non- Party dated September 2, 2016. (L210 /A 104) Sep 09, 2016 Review and analyze Defendant, RO $160.00 0.7 $112.00 City of Boynton Beach's Expert Witness Disclosure. (L210 /A104) Sep 09, 2016 Attended the Plaintiffs deposition RO $160.00 3.3 $528.00 of Lief Broberg former Boynton Beach Officer. (L330 /A 109) ,,p 09, 2016 Attended the Plaintiffs video taped RO $160.00 1.3 $208.00 deposition of Palm Beach County Deputy Sheriff Musto. (L330 /A 109) Sep 09, 2016 Attended the Plaintiffs video taped RO $160.00 0.6 $96.00 deposition of Sergeant Antico; he asserted his Fifth Amendment Privilege. (L330 /A109) Sep 09, 2016 Review and analyze Second Notice RO $160.00 0.1 $16.00 :. of Taking Deposition of Jeffrey Braswell. (L210 /A 104) Page 512 of 960 Sep 09, 2016 Review and analyze Co -Defendant RO Matthew Medeiros' Request for Copies to Defendant, City of Boynton Beach regarding Notice of Production from Non -Party dated September 1, 2016 and September 2, 2016. (L210 /A104) Sep 09, 2016 Review and analyze RO correspondence from attorney Lyman Reynold's office advising of Mr. Braswell's availability for deposition. (L120 IA104) Sip 09, 2016 Review and analyze Co -Defendant RO City of Boynton Beach's Notice of Compliance with Request for Copies filed by Defendant, Cory Herny dated by September 6, 2016. (L210 IA 104) Sep 09, 2016 Review and analyze Co -Defendant RO City of Boynton Beach's Notice of Compliance with Request for Copies filed by Defendant, Cory Herny dated September 6, 2016. (L210 /A104) Sep 09, 2016 Review and analyze Co -Defendant RO City of Boynton Beach's Notice of Compliance with Request for Copies filed by Defendant, Stephen Maiorino dated June 6, 2016. (L210 IA 104) Sep 09, 2016 Review and analyze Co -Defendant RO City of Boynton Beach's Notice of Compliance with Request for Copies filed by Defendant, Stephen Maiorino dated August 8, 2016. (L210 /A 104) Sep 09, 2016 Review and analyze Co -Defendant RO City of Boynton Beach's Notice of Compliance with Request for Copies filed by Defendant, Matthew Medeiros dated August 8, 2016. (L2101A 104) $160.00 0.1 $160.00 0.1 $160.00 0.1 $160.00 0.1 $160.00 0.1 $160.00 0.1 $160.00 0.1 $16.00 $16.00 $16.00 $16.00 $16.00 $16.00 $16.00 Page 513 of 960 Sep 09, 2016 Review and analyze Co -Defendant RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance with Request for Copies filed by Defendant, Matthew Medeiros dated July 29, 2016. (L210 /A 104) Sep 09, 2016 Review and analyze Co -Defendant RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance with Request for Copies filed by Defendant, Ronald Ryan dated August 3, 2016. (1,210 /A 104) Sep 09, 2016 Review and analyze Co -Defendant RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance with Request for Copies filed by Defendant, Ronald Ryan dated May 20, 2016. (L210 /A 104) Sep 10, 2016 Review and analyze deposition RO $160.00 0.6 $96.00 transcript of Chief Jeffrey Katz. (L330 /A 104) Sep 10, 2016 Review and analyze deposition RO $160.00 1.2 $192.00 transcript of Dr. Craig Lichtblau. (L330 /A104) Sep 11, 2016 Plan and prepare for the Plaintiffs RO $160.00 0.3 $48.00 deposition of Officer Cory Herny. (L330 /A 1 O l ) Sep 11, 2016 Review and analyze deposition RO $160.00 0.5 $80.00 transcript of Stephen Maiorino. (L330 /A104) Sep 11, 2016 Review and analyze deposition RO $160.00 0.5 $80.00 transcript of Matthew Medeiros. (L330 /A104) Sep 11, 2016 Review and analyze deposition RO $160.00 0.8 $128.00 transcript of Ronald Ryan. (L330 /A 104) Sep 12, 2016 Attended the Plaintiff s video taped RO $160.00 3.1 $496.00 deposition of Officer Cory Herny. (L330 /Ai09) Sep 12, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Taking Deposition of Michael Zeide, MD. (L210 /A104) Page 514 of 960 Sep 12, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold's office regarding scheduling the depositions of Dr. Brianna Garrett and Dr. Carol Adami. (L120 /A 104) Sep 12, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robert Shwartz regarding his unavailability for the depositions of Dr. Garrett and Dr. Adami on September 16, 2016. (L 1201A 104) Sep 12, 2016 Review and analyze Subpoena to RO $160.00 0.1 $16.00 Testify at a Deposition in a Civil Action for Dr. Brianna Garret. (L210 /A 104) Sep 12, 2016 Review and analyze Subpoena to RO $160.00 0.1 $16.00 Testify in a Civil Action for Dr. Carol Adami. (L210 /A 104) Sep 12, 2016 Review and analyze Re -Notice of RO $160.00 0.1 $16.00 Taking Deposition of Dr. Carol Adami. (L210 /A104) Sep 12, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Taking Deposition of Dr. Brianna Garrett. (L2101A 104) Sep 12, 2016 Review and analyze Plaintiffs RO $160.00 0.1 ,$16.00 Fourth Request for Production to City of Boynton Beach. (L210 j IA 104) Sep 12, 2016 Review and analyze deposition RO $160.00 0.4 $64.00 transcript of Justin Harris. (L330 /A 104) Sep 12, 2016 Review and analyze deposition RO $160.00 0.8 $128.00 transcript of Major Kelly Harris. (L330 /A104) Sep 12, 2016 Review and analyze deposition RO $160.00 0.8 $128.00 transcript of Alfred Martinez. (L330 /A 104) Sep 12, 2016 Review and analyze the treatises LM $150.00 2.3 $345.00 provided by Dr. Lichtblau at his deposition. (L330 /A104) Page 515 of 960 Sep 12, 2016 Review and analyze the articles LM $150.00 0.6 $90.00 provided by Dr. Lichtblau at his deposition. (L330 /A104) Sep 12, 2016 Review and analyze Dr. Zeide's LM $150.00 1.4 $210.00 CME report. (L 130 /A 104) Sep 12, 2016 Plan and prepare for the deposition LM $150.00 0.4 $60.00 of Leah Devery. (L330 /A101) Sep 12, 2016 Attend the deposition of Leah LM $150.00 1.5 $225.00 Devery. (1,330 /A109) Sep 13, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds regarding deposition transcripts from recent depositions. (L 120 /A 104) Sep 15, 2016 Review and analyze deposition RO $160.00 0.4 $64.00 transcript of Joseph DeGuillo. (L330 /A104) Sep 15, 2016 Review and analyze deposition RO $160.00 0.5 $80.00 transcript of Pilot Bryon Karp. (L330 /A 104) Sep 15, 2016 Review and analyze deposition RO $160.00 0.8 $128.00 transcript of Jeffrey Braswell. (1,330 /A104) Sep 15, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold regarding Exhibit 3 from the deposition of Roy Bedard. (L 120 /A 104) Sep 15, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Linnes Finney enclosing a physician's note for Charlene Edwards advising she is not to be deposed due to her pulmonary emobolism and shortness of breath. (L120 /A 104) Page 516 of 960 Sep 15, 2016 Drafted correspondence to client, RO Alfred Martinez, summarizing the depositions taken of Palm Beach County Sheriffs Sergeant Michael Must, Officer Cory Herny and Leah Rebekah Devery and the effects on the claim against Alfred Martinez. (L330 /A103) Sep 15, 2016 Review and examine RO correspondence from attorney, Linnes Finney regarding the note he received from Charlene Edwards Physician advising that she cannot be deposed due to the pulmonary embolism and the shortness of breath she is experiencing. (L120 /A 104) Sep 15, 2016 Review and analyze RO correspondence from attorney Lyman Reyonid's office advising that the deposition of Dr. Carol Adami will no longer be going forward. (L 120 /A 104) Sep 15, 2016 Review and analyze RO correspondence from attorney Robert Shwartz advising of his appearance by telephone at the depositions as he will be flying out of town. (L 120 /A 104) Sep 15, 2016 Review and analyze RO correspondence from attorney Lyman Reynold's office advising of the call-in number for depositions. (L120 /A104) Sep 15, 2016 Review and analyze RO correspondence from attorney Lyman Reynolds' office confirming the depositions of Jeffrey Braswell and Dr. Brianna Garrett. (L120 /A104) $160.00 1.8 $160.00 0.1 $160.00 0.1 $160.00 0.1 $160.00 0.1 $160.00 0.1 Sep 15, 2016 Plan and prepare for the deposition LM $150.00 1.4 of Jeffrey Bramwell, including review of all interview materials. (L330 /A101) $288.00 $16.00 $16.00 $16.00 $16.00 $16.00 $210.00 Page 517 of 960 Sep 15, 2016 Plan and prepare for the deposition LM .......... $150.00 0.4 $60.00 of Dr. Brianna Garret. (L330 /A 101) Sep 16, 2016 Review and analyze deposition RO $160.00 1.8 $288.00 transcript of Ashely Hill. (L330 /A 104) Sep 16, 2016 Review and analyze deposition RO $160.00 0.7 $112.00 transcript of Corey Gray. (L330 /A 104) Sep 16, 2016 Review and analyze Notice of RO $160.00 0.2 $32.00 Mediation and Mediation Engagement Confirmation. (L210 /A 104) Sep 16, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Shana H. Bridegroom advising that the deposition of Jeffrey Braswell will resume at 11;15am. (L120 /A 104) Sep 16, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Cancellation of Deposition of Dr. Brianna Garrett. (L210 /A104) Sep 16, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds stating Jeffrey Braswell's attorney advised his client will not appear for his deposition, and advising they will prepare a Motion to Show Cause. (L 120 /A 104) Sep 16, 2016 Attend the deposition of Jeffrey LM $150.00 2.5 $375.00 Bramwell. (L330 /A109) Sep 18, 2016 Review and analyze deposition RO $160.00 0.1 $16.00 transcript of Leif Broberg. (L330 /A 104) Sep 18, 2016 Review and analyze deposition RO $160.00 0.7 $112.00 transcript of Charles Ramos. (L330 /A 104) Sep 18, 2016 Review and analyze deposition RO $160.00 0.7 $112.00 transcript of Cynthia Rivera. (L330 /A 104) Sep 19, 2016 Review and analyze deposition RO $160.00 0.4 $64.00 transcript of Sergeant Philip Antico. (L330 /A104) Page 518 of 960 Sep 19, 2016 Review and analyze deposition RO $160.00 0,5 $80.00 transcript of Roy Bedard. (L330 /A 104) Sep 19, 2016 Review and analyze Defendant City RO $160.00 0.1 $16.00 of Boynton Beach's Supplemental Disclosures. (L210 /Al 04) Sep 20, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 Matthew Medeiros' Request for Copies to Defendant, City of Boynton Beach regarding Notice of Production from Non -Party dated September 16, 2016. (L210 /A 104) Sep 20, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Request for Copies to Defendant, City of Boynton Beach regarding Notice of Production from Non - Party dated September 16, 2016. (L210 /A104) Sep 20, 2016 Review and analyze Co-Defenant's RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Plaintiffs Request for Copies dated September 2, 2016. (L210 /A 104) Sep 20, 2016 Review and analyze Co-Defenant's RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Co -Defendant Michael Brown's Request for Copies dated September 7, 2016. (L210 /A 104) Sep 20, 2016 Review and analyze Co-Defenant's RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Co -Defendant, Justin Harris' Request for Copies dated September 2, 2016. (L210 /A 104) Sep 20, 2016 Review and analyze Co-Defenant's RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Co -Defendant, Cory Herny's Request for Copies dated September 6, 2016. (L210 /A104) Page 519 of 960 Sep 20, 2016 Review and analyze Co-Defenant's RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Co -Defendant, Cory Hemy's Request for Copies dated September 6, 2016. (L210 /A 104) Sep 20, 2016 Review and analyze Co-Defenant's RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Co -Defendant, Stephen Maiorino's Request for Copies dated September 12, 2016. (L210 /A 104) Sep 20, 2016 Review and analyze Co-Defenant's RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Co -Defendant Matthew Medeiros' Request for Copies date September 9, 2016. (L210 /A 104) Sep 20, 2016 Review and analyze Co-Defenant's RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Defendant, Matthew Medeiros' Request for Copies dated July 29, 2016. (L210 /A 104) Sep 21, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds regarding Exhibit 46 to the deposition transcript of Detective Carlos Ramos. (L120 /A 104) Sep '1-32,, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Video Conference Deposition Duces Tecum of Chuck Joyner. (L210 /A104) Sep 22, 2016 Mediation fees for mediation by $388.89 $388.89 Patrick Massa of Matrix Mediation . (--/E121) Sep 22, 2016 Deposition fees for depo of Officer $377.00 Expense $377.00 Michael Brown from U.S. Legal Support. (L330 /E115) Sep 23, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Taking Deposition of Clifford Henfield. (1,210 /A104) Page 520 of 960 Sep 23, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Taking Deposition of Darion King. (L210 /A104) Sep 23, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Taking Deposition of Rev. Ray Whitely. (L210 /A 104) Sep 23, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Taking Deposition of Rev. Richard Dames. (L210 /A 104) Sep 23, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Taking Deposition of Tiesha Mack. (L210 /A104) Sep 23, 2016 Review and analyze Subpoena to RO $160.00 0.1 $16.00 Testify at a Deposition in a Civil Action for Angela Edwards. (L210 /A 104) Sep 23, 2016 eview and analyze Subpoena to RO $160.00 0.1 $16.00 Testify at a Deposition in a Civil Action for Clifford Henfield. (L210 /A 104) Sep 23, 2016 eview and analyze Subpoena to RO $160.00 0.1 $16.00 Testify at a Deposition in a Civil Action for Darion King. (L210 /A104) Sep 23, 2016 eview and analyze Subpoena to RO $160.00 0.1 $16.00 Testify at a Deposition in a Civil Action for Rev. Ray Whitely. (L210 /A104) Sep 23, 2016 eview and analyze Subpoena to RO $160.00 0.1 $16.00 Testify at a Deposition in a Civil Action for Rev. Richard Dames. (L210 /A 104) Sep 23, 2016 eview and analyze Subpoena to RO $160.00 0.1 $16.00 Testify at a Deposition in a Civil Action for Tiesha Mack. (L210 /A104) Sep 23, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Taking Deposition of Angela Edwards. (L210 /A 104) Page 521 of 960 Sep 23, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robery Schwartz's office confirming the depositions of j Tiesha Mack and Angela Edwards. (L 120 /A 104) Sep 23, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Bruce Jolly regarding not receiving deposition notices and his attendance of the same by phone. (L 120 /A 104) Sep 23, 2016 Review and analyze deposition RO $160.00 0.8 $128.00 transcript of Leah Devery. (L330 /A 104) Sep 23, 2016 Review and analyze deposition RO $160.00 1.1 $176.00 transcript of Cory Henry. (L330 /A104) Sep 23, 2016 Review and analyze deposition RO $160.00 0.8 $128.00 transcript of Michael Musto. (L330 /A 104) Sep 24, 2016 Review and analyze deposition RO $160.00 0.7 $112.00 transcript of Patrick Monteith. (L330 /A104) Sep 25, 2016 Plan and prepare for the depositions RO $160.00 0.4 $64.00 of Teisha Mack and Angela Edwards. (L330 /A101) Sep 25, 2016 Review and analyze deposition RO $160.00 0.6 $96.00 transcript of Stephanie Slater. (L330 /A 104) Sep 25, 2016 Review and analyze deposition RO $160.00 0.7 $112.00 transcript of Jeffrey Williams. (L330 /A104) Sep 26, 2016 Attended the Co-Defendant's RO $160.00 0.5 $80.00 Deposition of Tiesha Mack; she did not show for her deposition. (L330 /A 109) Sep 26, 2016 Attended the Co-Defendant's RO $160.00 1.7 $272.00 deposition of Angela Edwards. (L330 /A109) Page 522 of 960 Sep 26, 2016 Review and analyze copied RO $160.00 0.2 $32.00 correspondence from attorney Lyman H. Reynolds regarding their proposed Motion to Show Cause and Motion to Compel regarding Jeffrey Braswell. (L120 /A104) Sep 26, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds regarding Exhibit 46 to the deposition transcript of Charles Ramos. (L120 /A 104) Sep 27, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Michael T. Barker's office regarding confirmation of depositions. (L120 /A104) Sep 27, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds' office regarding confirming which individuals were served for upcoming depositions. (L 120 /A 104) Sep 27, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robert Schwartz's office regarding his attendance of depositions by phone and obtaining a call-in number for the same. (L 120 /A 104) Sep 27, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds' office regarding the need to reschedule to depositions of Reverend Dames and Darion King's depositions as they were unable to obtain service. (L120 /A 104) f. l '4 1 c, ` 6LLLd 4 � �1ti`r� f` tYcl s 0 0,1 $16.00 ICwTnQv �63I1%ip intiIrIILEiAkliil; for I�, c Lkp,isiiion of [fir„ Z6de. tLL1 21,i A 1041 Page 523 of 960 Sep 27, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 City of Boynton Beach's Supplemental Disclosures. (L210 /A 104) Sep 28, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold's office regarding Mr. Henfield's unavailability for his deposition. (L 120 /A 104) Sep 28, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 Ronald Ryan's Request for Copies regarding City of Boynton Beach's Notice of Production from Non - Party dated September 16, 2016. (L210 /A 104) Sep 28, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds's office regarding deposition transcripts and exhibits. (1,120 /A104) Sep 28, 2016 Review and analyze Defendant. RO $160.00 0.1 $16.00 Matthew Medeiros' Request for Copies to Plaintiffs Fourth Request for Production dated September 12, 2016. (1,210 /A 104) Sep 28, 2016 Plan and prepare for the deposition LM $150.00 0.5 $75.00 of Dr. Michael Zeide, (L330 /A 10 1) Sep 28, 2016 Attend the deposition of Dr. LM $150.00 0.8 $120.00 Michael Zeide. (L330 /A109) Sep 28, 2016 Plan and prepare for the deposition RO $160.00 0.3 $48.00 of Reverend Whitley. (L330 /A 10 1) Sep 28, 2016 Attended the Co -Defendant's RO $160.00 0.9 $144.00 deposition of Reverend Whitley. (L330 /A109) Sep 29, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robery Schwartz's office regarding the Video Conference Deposition of Chuck Joyner. (L 120 /A 104) Page 524 of 960 Sep 29, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Michael Burke's office regarding confirmation for the deposition of Chuck Joyner. (L120 /A104) Sep 29, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Julia Farkas regarding call-in information for the deposition of Chuck Joyner. (L 120 /A 104) Sep 29, 2016 Plan and prepare for the deposition LM $150.00 1 $150,00 of Chuck Joyner, including review of both Mr. Joyner's report and Roy Beddard's report. (L330 /A101) Sep 30, 2016 Review and analyze Defendant, RO $160.00 0.2 $32.00 City of Boynton Beach's Motion to Show Cause and Motion to Compel regarding Jeffrey Braswell. (L210 /A 104) Sep 30, 2016 Attend the deposition of Chuck LM $150.00 2.5 $375.00 Joyner. (L330 /A109) Sep 30, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Video Deposition of Sergeant Sedrick Aiken. (L210 /A 104) Sep 30, 2016 Review and analyze copied RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds to Plaintiff's counsel regarding their agreement to extend discovery cutoff. (L120 /A 104) Oct 03, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robert Schwartz's office regarding confirmation of the deposition of Sergeant Aiken. (L 120 /A 104) Oct 03, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from Plaintiff counsel's office regarding confirmation of the deposition of Sergeant Aiken and call-in information for the same. (L120 /A 104) Page 525 of 960 Oct 03, 2016 Review and analyze copied RO $160.00 0.2 $32.00 correspondence from attorney Lyman Reynolds to Plaintiffs counsel enclosing their Motion to Strike Charlene Edwards as a Witness in the case. (L120 /A104) Oct 03, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Notice of Continuance of Video Deposition Duces Tecum of Chief Jeffrey S. Katz. (L210 /A 104) Oct 03, 2016 Drafted correspondence to client, RO $160.00 1.2 $192.00 Alfred Martinez summaring the depositions of Tiesha Mack, Angela Lekevia Edwards, Dr. Michael Zeide (CME doctor), Reverand Ray Whitley and expert witness, Charles Joyner and the effects on the claims asserted against Alfred Martinez. (L330 /A103) Oct 04, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold's office advising that the continued deposition of Chief Katz will need to be rescheduled due to the impending storm. (L 120 /A 104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Depositon of Dr. Garry Beauzile, (L210 /A104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of Nicholas Tiscione. (L210 /A104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Subpoena to Testify at Deposition for Dr. Majid Shams. (L210 /A104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Subpoena to Testify at a Deposition for Nicholas Tiscione. (L210 /A 104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of Dr. Adam White. (L210 /A104) Page 526 of 960 Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of Dr. Maj id Shams. (L210 /A104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of Dr. Phil Heller. (L210 /A104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Subpoena to Testify at Trial for Dr. Phil Heller. (L210 /A104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Subpoena to Testify at a Deposition for Rev. Richard Dames. (L210 /A 104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of Cornelius Edwards. (L210 /A104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of DIS K. Knight. (L210 /A104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of DIS McCutchen. (L210 /A104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of DIS Sanjeev Ramaswami. (L210 /A104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of Henry Michael Edwards, II. (L210 /A 104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Re -Notice of Taking Deposition of Clifford Henfield. (L210 /A 104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Re -Notice of Taking Deposition of Rev. Richard Dames. (L210 /A 104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Re -Notice of Taking Deposition of Tiesha Mack. (L210 /A104) Oct 05, 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Subpoena to Testify at a Deposition for Cornelis Edwards. (L210 /A 104) Page 527 of 960 Oct 05, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Subpoena to Testify at a Deposition for Sanjeev Ramaswmi. (L210 /A 104) Oct 05, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Subpoena to Testify at a Deposition for Henry Michael Edwards. (L210 /A 104) Oct 05, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Subpoena to Testify at a Deposition for DIS K. Knight. (L210 /A104) Oct 05, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Subpoena to Testify at a Deposition for DIS McCutchen. (L210 /A 104) Oct 05, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Subpoena to Testify at a Deposition for Tiesha Mack. (L210 /A104) Oct 05, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Second Re-Notice of Taking Deposition of Dr. Brianna Garrett. (L210 /A 104) Oct 05, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Second Re-Notice of Taking Deposition of Dr. Carol Adami. (L210 /A 104) Oct 05, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of Dr. Maged Habib. (L210 /A 104) Oct 05, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of Jessica Val. (L210 /A104) Oct 05, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Subpoena to Testify for Dr. Brianna Garrett. (L210 /A104) Oct 05, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Subpoena to Testify at a Deposition for Dr. Carol Adami. (L210 /A104) Oct 05, 2016 Review and analyze Co-Dcfendant's RO $160.00 0.1 $16.00 Subpoena to Testify at a Deposition for Dr. Garry Beauzile. (L210 /A 104) Page 528 of 960 Oct 05, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Subpoena to Testify at a Deposition for Dr. Maged S. Habib. (L210 /A 104) Oct 05, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Subpoena to Testify at a Deposition for Jessica Val. (L210 /A104) Oct 05, 2016 Review and analyze Plaintiffs RO $160.00 0. I $16.00 Notice of Cancellation of Deposition of Chief Jeffrey S. Katz. (L210 /A 104) Oct 10, 2016 Review and analyze Co-Defendant, RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Defendant, Cory Herny's Request for Copies dated September 6, 2016. (L210 /A104) Oct 10, 2016 Review and analyze Co-Defendant, RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Defendant, Stephen Maiorino's Request for Copies dated September 12, 2016. (L210 /A 104) Oct 10, 2016 Review and analyze Co-Defendant, RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Defendant, Matthew Medeiros' Request for Copies dated September 9, 2016 (L210 /Al 04) Oct 10, 2016 Review and analyze Co-Defendant, RO $160.00 0.3 $48.00 City of Boynton Beach's Notice of Compliance to Defendant, Ronald Ryan's Request for Copies dated September 9, 2016. (L210 /A104) Oct 11, 2016 Review and analyze deposition RO $160.00 1.3 $208.00 transcript of Dr. Pierre Dorsainvil. (L330 /A 104) Oct 11, 2016 Review and analyze deposition RO $160.00 0.9 $144.00 transcript of Dr. Manuel Montes. (L330 /A 104) Oct 11, 2016 Review and analyze deposition RO $160.00 0.7 $112.00 transcript of Dr. Michael Zeide. (L330 /A104) Page 529 of 960 Oct 11, 2016 Review and analyze deposition RO $160.00 0.5 $80.00 transcript of Angela Edwards. (L330 /A 104) Oct 11, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold's office regarding the deposition transcript of Dr. Michael Zcide. (1,120 /A104) Oct 11, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds' office regarding the deposition transcript of Angela Edwards. (L 120 /A 104) Oct 11, 2016 Review and analyze Co-Defendant, RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Defendant, Justin Harris' Request for Copies dated September 2, 2016. (L210 /A 104) Oct 11, 2016 Review and analyze Co-Defendant, RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Defendant, Cory Herny's Request for Copies dated September 6, 2016. (L210 /A104) Oct 11, 2016 Review and analyze Co-Defendant, RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Defendant, Stephen Maiorino's Request for Copies dated September 12, 2016. (L210 /A 104) Oct 11, 2016 Review and analyze Co-Defendant, RO $160.00 0.3 $48.00 City of Boynton Beach's Notice of Compliance to Defendant, Matthew Medeiros' Request for Copies. (L210 /A 104) Oct 11, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 Matthew Medeiros' Notice of Adopting Defendant, City of Boynton Beach's Supplemental Rule 26 Disclosures. (L210 /A104) Oct 11, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Re-Notice of Taking Deposition Duces Tecum of Dr. Phil Heller. (L210 /A 104) Page 530 of 960 Oct 12, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Notice of Taking Deposition of Darion King. (L210 /A104) Oct 12, 2016 Review and analyze Subpoena to RO $160.00 0.1 $16.00 Testify at a Deposition in a Civil Action for Darion King. (L210 /A 104) Oct 12, 2016 Review and analyze deposition RO $160.00 0.5 $80.00 transcript of Reverend Rae Whitely. (L330 /AI04) Oct 12, 2016 Review and analyze deposition RO $160.00 0.3 $48.00 transcript of Sedrick Aiken. (L330 /A 104) Oct 12, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds' office advising the deposition transcript of Rae Whitely is now available for download. (L 120 /A 104) Oct 13, 2016 Review and analyze Co-Defendant, RO $160.00 0.1 $16.00 Corey Herny's Request for Copies regarding City of Boynton Beach's Notice of Production from Non- Party dated September 16, 2016. (L210 /A 104) Oct 13, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from Dr. Johnathan Rapp to Co-Counsel Lyman Reynolds regarding his request for a copy of the file on Plaintiff, Byron Harris. (L120 /A104) Oct 13, 2016 Review and analyze Paperless RO $160.00 0.1 $16.00 Order noting Letter Re:Exam of Jonathan Rapp, Ph.D. stating the Court has received the Letter and has determined that no action on the Court's part is required. (L210 /A 104) Oct 14, 2016 Review and analyze Co-Defendant's RO $160.00 0.1 $16.00 Notice of Cancellation of Deposition of Nicholas Tiscione. (L210 /A 104) Page 531 of 960 Oct 14, 2016 Review and analyze the Re -Notice RO $160.00 0.1 $16.00 of Taking Deposition of Dr. Majid Shams. (L210 /A 104) Oct 14, 2016 Review and analyze the Subpoena RO $160.00 0.1 $16.00 for Deposition of Dr. Majid Shams. (L210 /A 104) Oct 17, 2016 Drafted correspondence to client, RO $160.00 1.8 $288,00 Alfred Martinez summarizing the depositions taken of Sergeant Sedrick Aiken, Dr. Phil Heller, Deputy Sheriff Khristopher Knight and Reverand Richard Dames and advised as to the effects of the same on the claims being asserted against Alfred Martinez. (L330 /A103) Oct 17„ 2016 Review and analyze Co -Defendant's RO $160.00 0.1 $16.00 Re -Notice of Taking Deposition of DIS McCutchen, #8734. (1,210 IA 104) Oct 17, 2016 Pian and prepare for the depositions RO $160.00 1.3 $208.00 of Dr. Carol Adami, Dr. Brianna Garrett, Dr. Maged Habib, Dr. Phil Heller, Deputy Sheriff K. Knight and Deputy Sheriff Ramsawmi (L330 /Ai01) Oct 18, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynold's office regarding the schedule of depositions to take place in this case on 10/19116. (L120 /A104) Oct 18, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Mediation. (L210 /A 104) Oct 18, 2016 Review and analyze Docket Text RO $160.00 0.1 $16.00 Notice of Mediation Hearing; Mediation Hearing set for 10126116. (L210 /A 104) Oct 18, 2016 Review and analyze Clerks Note to RO $160.00 0.1 $16.00 Filer regarding Notice of Mediation regarding error/wrong event selected. (L210 /A 104) Page 532 of 960 Oct 18, 2016 Review and analyze Minute Entry RO $160.00 0.1 $16.00 on In -Person Show Cause Hearing. (L210 /A103) Oct 18, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Don Stephen's office regarding the deposition of Darion King and whether or not it will be going forward. (L 120 /A 104) Oct 18, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds' office regarding service obtained on Cornelius Edwards, Henry Michael Edwards Il and the current deposition schedule. (L 1201A 104) Oct 18, 2016 Attended the deposition of Dr. Carol RO $160.00 0.7 $112.00 Adami; she did not show for her deposition. (L330 /A 109) Oct 18, 2016 Attended the Co -Defendant's RO $160.00 2.3 $368.00 deposition of Dr. Phillip Heller. (L330 /A109) Oct 18, 2016 Attended the deposition of Deputy RO $160.00 0.7 $112.00 Sheriff, Khristopher Knight. (L330 IA 109) Oct 18, 2016 Review and analyze Re -Notice of RO $160.00 0.1 $16.00 Continuance of Video Deposition of Chief Jeffrey S. Katz. (L210 /A 104) f Oct 18, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Taking Videotapes Deposition of Sgt. Jason Llopis. (L210 /A 104) Oct 19, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds' office advising that the deposition transcript of Sedrick Aiken is now available for download. (L 120 /A 104) Oct 19, 2016 Review and analyze Order RO $160.00 0.1 $16.00 Resetting Show Cause Hearing Requiring Jeffrey Braswell to Show Cause Why He Should Not Be Held in Contempt of Court. (L210 /A 104) Page 533 of 960 Oct 19, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds' office advising the deposition of Henry Michael Edwards II will not be going forward. (L120 /A 104) Oct 19, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lonniel Olds regarding the schedule of depositions and whether or not all will be going forward on 10/20116. (L 120 /A 104) Oct 19, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds' office confirming the deposition of Adam White, and advising they anticipate all scheduled depositions to go forward. (L120 /A 104) Oct 19, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds' office advising the deposition of Cornelius Edwards will not be going forward. (L120 /A 104) Oct 19, 2016 Review and analyze copied RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds to Plaintiffs counsel confirming agreement that not all individual Defendants will be required to attend mediation, and discussing the issues of the location of mediation. (L120 /A104) Oct 19, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Bruce Jolly advising he will be attending mediation, but his client, Defendant Maiorino, will not be attending the same. (L 120 /A 104) Oct 19, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Oscar Marrero advising he will be attending mediation on behalf of his client, Justin Harris. (L120 /A104) Page 534 of 960 Oct 20, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Defendant, Michael Brown's Request for Copies dated September 7, 2016. (L210 /A104) Oct 20, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Defendant, Justin Harris' Request for Copies dated September 2, 2016. (L210 /A104) Oct 20, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Defendant, Cory Herny's Request for Copies dated September 6, 2016. (L210 /A104) Oct 20, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Defendant, Stephen Maiorino's Request for Copies dated September 12, 2016. (L210 /A 104) Oct 20, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Defendant, Matthew Medeiros' Request for Copies dated September 9, 2016. (L210 /A 104) i Oct 20, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Compliance to Plaintiff, Byron Harris' Request for Copies dated September 2, 2016. (L210 /A 104) Oct 20, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from Matrix Mediation confirming mediation in this case. (L 120 /A 104) Oct 20, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds' office advising the deposition of Dr. White will be moved to 1pm and Dr.Sham's deposition will not be going forward. (L 120 /A 104) Page 535 of 960 Oct 20, 2016 Review and examine the Plaintiffs RO $160.00 0.1 $16.00 Notice of Taking Video Taped Deposition of Officer Ray Rice. (L120/A]04) Oct 20, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Lyman Reynolds advising that witness, Jessica Val is currently in house arrest and cannot appear at her deposition without permission, (L120 /A104) Oct 20, 2016 Drafted correspondence to client, SP $80.00 0.1 $8.00 Alfred Martinez, advising of mediation and inquiring if he wishes to attend the same. (L120 /A103) Oct 20, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds' office advising the deposition of Jessica Val will not be going forward as she is under house arrest. (L120 /A104) Oct 20, 2016 Plan and prepare for the deposition RO $160.00 1.1 $176.00 of Deputy Sheriff McCutcheon, Dr. White and Dr. Beauzile. (L330 /A101) Oct 20, 2016 Attended the Co -Defendant's RO $160.00 1.3 $208.00 deposition of Deputy Sheriff McCutcheon. (L330 /A109) Oct 20, 2016 Attended the Co -Deposition of Dr. RO $160.00 1.3 $208.00 White. (L330 /A 10 9) Oct 20, 2016 Attended the Co -Defendant's RO $160.00 1.8 $288.00 deposition of Dr. Beauzile. (L330 /A 109) Oct 20, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robert H. Schwartz inquiring as to whether the deposition of Officer Thomas is confirmed. (L120 /A104) Oct 21, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Oscar Marrero's office advising of the call-in number for depositions. (L120 /A104) Page 536 of 960 Oct 21, 2016 Review and analyze RO $160,00 0.1 $16,00 correspondence from attorney Don Stephens advising that he will be attending mediation. (L120 /A104) Oct 21, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Unopposed Motion for Transport for Purposes of Mediation. (L210 IA 104) Oct 21, 2016 Review and analyze Paperless RO $160.00 0.1 $16.00 Order Referring for appropriate disposition regarding Plaintiffs Unopposed Motion for Transport for Purposes of Mediation, (L210 /A 104) Oct 21, 2016 Review and analyze Paperless RO $160.00 0.1 $16.00 Order Denying Plaintiffs Unopposed Motion for Transport as the federal courthouse is not available as a venue. (L210 /A 104) Oct 21, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Lords Wylder inquiring as to the Motions that will be filed by each of the Defendants. (L120 /A104) Oct 21, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Lyman Reynolds advising that he intends on filing a Motion for Summary Judgment and a Motion in Limine. (L120 /A104) Oct 21, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Robert Schwartz advising that he does not plan on filing a Motion for Summary Judgment on behalf of his client. (L120 A104) Oct 21, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Michael Burke, advising that he does not plan on filing a Motion for Summary Judgment on behalf of his client. (L 120 /A 104) Page 537 of 960 Oct 21, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Don Stephens advising that he does plan on filing a Motion for Summary Judgment on behalf of his client. (U20/A104) Oct 21, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from Plaintiffs counsel regarding the transportation of the Plaintiff from the jail so that he can attend mediation. (L120 /A 104) Oct 21, 2016 Review and analyze deposition RO $160.00 4.1 $656.00 transcript and corresponding exhibits of Plaintiff, Byron Harris. (L330 /A104) Oct 22, 2016 Review and analyze The City of RO $160.00 2.1 $336.00 Boynton Beach's Response to the the Plaintiffs Second Supplemental Request to Produce and the documents responsive to the same in preparation to summarize the same to the client, Alfred Martinez. (L140 /A 104) Oct 23, 2016 Plan and prepare for the depositions RO $160.00 0.6 $96.00 of Sergeant Llopis and the continued deposition of Sergeant Katz. (L330 /A101) Oct 23, 2016 Review and analyze deposition RO $160.00 1.6 $256.00 transcript and corresponding exhibits of Chuck Joyner. (L330 /A 104) Oct 24, 2016 Review and analyze Defendant, RO City of Boynton Beach's Motion in Limine to Exclude Testimony About the Trial of Ex -Officer Stephen Maiorino with Incorporated Memorandum of Law. (L210 /A 104) $160.00 0.2 $32.00 Page 538 of 960 Oct 24, 2016 Review and analyze Defendant, RO City of Boynton Beach's Motion in Limine to Exclude Testimony of Plaintiff Byron Harris, Jr. with Incorporated Memorandum of Law. (L210 /A104) Oct 24, 2016 Review and analyze Defendant, RO City of Boynton Beach's Motion in Limine to Exclude References to Ferguson Protests and Alleged Police Brutality in Other Jurisdictions with Incorporated Memorandum of Law. (1,210 /A l 04) Oct 24, 2016 Review and analyze Defendant, RO City of Boynton Beach's Motion in Limine to Exclude Leif Broberg's Testimony About Alleged Coverups and Retaliation with Incorporated Memorandum of Law. (L210 /A 104) Oct 24, 2016 Review and analyze Defendant City RO of Boynton Beach's Motion in Limine to Exclude Alleged Prior Bad Acts of the Boynton Beach Police Department with Incorporated Memorandum of Law. (L210 /A 104) Oct 24, 2016 Review and analyze Defendant City RO of Boynton Beach's Motion in Limine to Exclude Statements About Alleged BBPD Misconduct and Other Claims by Ashley Hill with Incorporated Memorandum of Law. (L210 /A 104) Oct 24, 2016 Review and analyze Plaintiffs First RO Motion in Limine to Exclude Evidence of Byron Harris, Jr.'s Prior Criminal Background/Convictions/Past Bad Acts. (L210 /A 104) $160.00 0.2 $160.00 0.3 $160.00 0.3 $160.00 0.3 $160.00 0.3 $160.00 0.2 $32.00 $48.00 $48.00 $48.00 $48.00 $32.00 Page 539 of 960 Oct 24, 2016 Review and analyze Plaintiffs RO Second Motion in Limine to Exclude Any Testimony from Any of Defendants' Expert Witnesses as to the Credibility or Candor of the Plaintiff or Other Witnesses. (L210 /A104) Oct 24, 2016 Review and analyze Plaintiffs RO Third Motion in Limine to Preclude Defendant's Medical Expert, Dr. Michael Zeide, Should be Preclude from Testifying as to Plaintiffs Mental State. (1,210 /A 104) Oct 24, 2016 Review and analyze Plaintiffs RO Fourth Motion in Limine to Preclude Defendants' Police Practices Expert, Charles Joyner, from Offering any Testimony or Other Evidence Regarding Plaintiffs Monell Claim, as His Expert Report Does Not Include any References to Monell Claims, Nor Does His Deposition Testimony Reference His Opinions on Monell in this Matter. (L210 /A 104) Oct 24, 2016 Review and analyze Plaintiffs Fifth RO Motion in Limine to Preclude Defendants from Mentioning the Alleged "Baggie" that was Reported in One Police Officer's Report as Inadmissible Hearsay. (L210 /A 104) Oct 24, 2016 Drafted correspondence to client, RO Alfred Martinez summarizing the depositions taken of Deputy Sheriff McCutchin, Dr. White (psychologist), Dr. Garry Beauzile, Officer Ray Thomas, Sergeant Llopis and the continued deposition of Chief Katz and advised as to how the same affects the claims asserted against Mr. Martinez. (L330 /A103) $160.00 0.1 $160.00 0.1 $160.00 0.1 $160.00 0.1 $160.00 1.8 S16,00 $16.00 $16.00 $16.00 $288.00 Page 540 of 960 Oct 24, 2016 Attended the Plaintiffs deposition RO $160.00 1 $160.00 of Sergeant Llopis; he did not show for the same at 10.00. (L330 /A 109) Oct 24, 2016 Drafted correspondence to all RO $160.00 0.1 $16.00 counsel advising that I will not be filing a Motion for Summary Judgment based on the Plaintiffs testimony as to my client, Alfred Martinez. (L120 /A103) Oct 24, 2016 Review and analyze Plaintiffs Sixth RO $160.00 0.1 $16.00 Motion in Limine to Exclude Evidence or Testimony of Prior Drug or Alcohol Use by Plaintiff in this Case. (L210 /A104) Oct 24, 2016 Review and analyze Plaintiffs Sixth RO $160.00 0.1 $16.00 Motion in Limine to Exclude Evidence or Testimony of Prior Drug or Alcohol Use by Plaintiff in this Case. (L210 /A 104) Oct 24, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Seventh Motion in Limine to Prevent Defendants from Mentioning, Referencing, or Alluding to any Medical or Mental Health History of Plaintiff. (1,210 /A 104) Oct 24, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Eighth Motion in Limine to Prevent Defendants from Introducing the Videotaped Police Statements of the Plaintiff, Ashley Hill, and Jeffrey Braswell as Impermissible Hearsay. (L210 /A104) Oct 24, 2016 Review and analyze Defendant RO $160.00 0.3 $48.00 Cory Henry's Motion for Summary Judgment and Incorporated Memorandum of Law. (L210 /A 104) Oct 24, 2016 Review and analyze Defendant, RO $160.00 0.6 $96.00 City of Boynton Beach's Motion for Final Summary Judgment and Incorporated Memorandum of Law. (L210 /A 104) Page 541 of 960 Oct 24, 2016 Review and analyze Defendant, RO $160,00 0.3 $48.00 Cory Henry's Statement of Material Facts. (L210 /A 104) Oct 24, 2016 Attended the Plaintiffs deposition RO $160.00 0.7 $112.00 of Sergeant Llopis; his deposition was completed at 1:00pm, just before Chief Katz. (L330 /A109) Oct 24, 2016 Attended the Plaintiffs continued RO $160.00 1.5 $240.00 videotaped deposition of Chief Katz. (L330 /A109) Oct 25, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Oscar Marrero advising he will be attending mediation. (L120 /A104) Oct 25, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Michael Burke advising he will be attending mediation. (L 120 /A 104) Oct 25, 2016 Review and analyze Defendant, RO $160.00 0.2 $32.00 Cory Herny's Amended Statement of Material Facts. (L210 /A104) Oct 25, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Mediation amended as to location. (L210 /A 104) Oct 25, 2016 Review and analyze Paperless RO $160.00 0.1 $16.00 Order granting Defendant, Justin Harris' Motion for Leave to Conventionally File DVD Footages. (L210 /A 104) Oct 25, 2016 Review and analyze Defendant, RO $160.00 0.2 $32.00 Justin Harris' Motion in Limine. (L210 /A 104) Oct 25, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Harriet Lewis inquiring as to whether any other counsel than Plaintiffs counsel and counsel for Boynton Beach will be attending mediation. (L120 /A104) Page 542 of 960 Oct 25, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Bruce Jolly advising he will be attending mediation, and he believes most other defense counsel will also be attending. (L120 /A104) Oct 25, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Don Stephens advising he will be attending mediation. (L120 /A104) Qct 25, 2016 Review and analyze Defendant, RO $160.00 0.5 $80.00 City of Boynton Beach's Statement of Undisputed Facts in Support of its Motion for Final Summary Judgment. (L210 /A 104) Oct 25, 2016 Review and analyze Defendant, RO $160.00 0.1 $16,00 Matthew Medeiros' Motion for Extension of Time to File Dispositive Motions. (L210 /A104) Oct 25, 2016 Review and examine RO $160.00 0.1 $16.00 correspondence from attorney, Bruce Jolly, advising that he will not be filing any dispositive motions on behalf of his client. (L120 /A 104) Oct 25, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Mediation setting location to the Palm Beach County Main Detention Center. (L210 /A 104) Oct 25, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from Matrix Mediation confirming mediation to take place at the Palm Beach County Main Detention Center. (L120 /A 104) Oct 25, 2016 Review and analyze RO $160.00 0.1 $16,00 correspondence from attorney Linnes Finney advising necessary paperwork will be available at the front desk of visitor's center, and reminding counsel that no phone or electronics are allowed. (1,120 /A 104) Page 543 of 960 Oct 25, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds inquiring as to whether Plaintiffs counsel needs a list of names of counsel attending mediation. (L120 /A 104) Oct 25, 2016 Drafted correspondence to attorney SP $80.00 0.1 $8.00 Linnes Finney advising our office will be attending mediation. (L120 /A 103) Oct 25, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Harriet Lewis' office advising she will be attending mediation. (L120 /A104) Oct 25, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Robert H. Schwartz's office advising he will be attending mediation. (L120 /A104) Oct 25, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Bruce Jolly advising he will be attending mediation. (L 120 /A 104) Oct 25, 2016 Plan and prepare for Mediation RO $160.00 4 $640.00 including review of all deposition transcripts, discovery responses and medical records. (L 160 /A 10 1) Oct 25, 2016 Telephone conference with RO $160.00 0.2 $32.00 attorney, Oscar Marrero, inquiring into his presentation at Mediation and the proposed Motion for Summary Judgment. (L120 /A108) Oct 25, 2016 Telephone conference with client, RO $160.00 0.4 $64.00 Alfred Martinez regarding the status of the case, the depositions taken, the status of the discovery, the assertion of his 5th Amendment privilege, the Mediation scheduled for tomorrow and the action plan going forward. (L 120 /A 106) Page 544 of 960 Oct 26, 2016 Drafted correspondence to attorney SP $80.00 0.1 $8.00 Oscar Marrero's office requesting information as to invoice submission. (L 120 /A 103) Oct 26, 2016 Review and analyze Co -Defendant RO $160.00 0.1 $16.00 City of Boynton Beach's Notice of Taking Deposition of Jessica Val. (L210 /A 104) Oct 26, 2016 Review and analyze Notice of RO $160.00 0.4 $64.00 Filing Deposition Transcripts and Other Documents in Support of Defendant, Cory Henry's Statement of Material Facts and Motion for Summary Judgment. (L210 /A 104) Oct 26, 2016 Review and analyze Paperless RO $160.00 0.1 $16.00 Order granted Defendant, Matthew Medeiros' Motion for Extension of Time to File Dispositive Motion. (L210 /At 04) Oct 26, 2016 Review and analyze Defendant, RO $160.00 0.4 $64.00 Justin Harris' Statement of Material Facts in Support of Summary Judgment. (L210 /A 104) Oct 26, 2016 Review and analyze Defendant, RO $160.00 0.4 $64.00 Justin Harris' Motion for Summary Judgment and Incorporated of Memorandum of Law. (L210 /A 104) Oct 26, 2016 Review and analyze Defendant, RO $160.00 0.1 $16.00 Justin Harris' Motion for Leave to Conventionally File DVD Footage. (L210/A104) Oct 26, 2016 Review and analyze Mediation RO $160.00 0.1 $16.00 Settlement Agreement. (L210 IA 104) Oct 26, 2016 Attended Mediation at the Palm RO $160.00 5.3 $848.00 Beach County Jail with mediator, Pat Massa, Plaintiff, Plaintiffs counsel and all Defendants counsel. (L 160 IA i 09) Oct 26, 2016 Review and analyze Notice of RO $160.00 0.1 $16.00 Cancellation of Deposition of Jessica Val. (L210 /A 104) Page 545 of 960 Oct 26, 2016 Telephone conference with client, RO $160.00 0.1 $16.00 Alfred Martinez advising that the case resolved at Mediation. (L120 /A 106) Oct 27, 2016 Review and analyze Minute Entry RO $160.00 0.1 $16.00 for Hearing to Show Cause regarding Jeffrey Braswell. (L210 /A 104) Oct 27, 2016 Review and analyze Mediation RO $160.00 0.1 $16.00 Report. (L210 /A 104) Oct 28, 2016 Review and analyze Order Staying RO $160.00 0.1 $16.00 Case. (L210 /A 104) Oct 29, 2016 Review and analyze deposition RO $160.00 0.8 $128.00 transcript and corresponding exhibits of Dr. Phil Heller. (L330 /A 104) Oct 29, 2016 Review and analyze deposition RO $160.00 0.5 $80.00 transcript and correspondence exhibits of Adam White. (L330 /A 104) Oct 29, 2016 Review and analyze deposition RO $160.00 0.7 $112.00 transcript and corresponding exhibits of Pondexter McCutchen. (L330 /A104) Oct 29, 2016 Review and analyze deposition RO $160.00 0.6 $96.00 transcript and corresponding exhibits of Garry Beauzile. (L330 /A 104) Oct 31, 2016 Review and analyze executed Order RO $160.00 0.1 $16.00 regarding Jeffrey Braswell's failure to comply with City of Boynton Beach's subpoena for deposition. (L210 /A 104) Nov 08, 2016 Review and analyze RO $160.00 0.1 $16.00 correspondence from attorney Lyman Reynolds regarding Plaintiff, Byron Harris' executed errata sheet. (L120 /A104) Nov 08, 2016 Review and analyze Plaintiff, Byron RO $160.00 0.1 $16.00 Harris' executed errata sheet. (L330 /A104) Page 546 of 960 Nov 09, 2016 Review and analyze Trial Lawyers RO $160.00 0.1 $16.00 of the Palm Beaches Notice of Charging Lien. (1,210 /A 104) Nov 15, 2016 Review and analyze Plaintiffs RO $160.00 0.1 $16.00 Motion to Strike Charging Lien and/or Other Relief. (L210 /A 104) Your trust balance prior to this invoice : $0,00, Your current trust balance as of I l/ 16/2016 is $0.00 Timekeeper Summary Timekeeper Hours Fee Billed LM - Lauren Martin [Associate] 109.20 h $16,327.50 RO - Bob Okon [Partner] 202.30 h $32,366.50 SP - Sarah Peters {Legal Assistant] 0.50 h $40.00 Total 312.00 h $48,734.00 Payments (As of 11!)612016} Date Invoice# Amount ----------------------------------------------------------------- Total $0.00 Total Fees $48,734.00 Total Expenses $2,594.12 Sub Total $51,328.12 Previous Balance $0.00 Total $51,328.12 Please pay. $51,328.12 Total billed including this invoice (including any discounts) $51328,12 (Fees: $48734.00, Expenses: $2594.12) Page 547 of 960 Lewis, 1900 Glades Road Suite 251 Boca Raton, FL 33431 Tel 561-826-2800 Fax 561-826-2828 December 1, 2016 City of Boynton Beacn Director of HR & Risk Management - Julie Oldbury 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 In Reference To:Leif Broberg v. City of Boynton Beach, Jeffrey Katz & Suzanne Invoice # 6282 Crawford Federal ID # Email Invoice to Julie at City of Boynton Beach 20-3385521 oldburyj@bbfl.us 11/1/2016 MN Research issue of immunity for public officials 2.70 445.50 MN Draft defendants motion for summary judgment (continued). 2.30 379.50 MN Research issue of scope of duty of police officers administration 2.80 462.00 11/2/2016 MN Draft continuation of motion for summary judgment 1.40 231.00 MN Research Secret purpose with regard to tortious interference with contract 2.70 445.50 MN Review and analyze plaintiffs personnel records relating to punishment and 2.30 379.50 retirement MN Review and analyze Crawford's audio statement to city manager for any 2.10 346.50 references to FBI investigation 11/3/2016 MN Draft complex facts for defendants motion for summary judgment 4.50 742.50 MN Draft argument for defendants motion for summary judgment 4.10 676.50 11/4/2016 HL Receipt and review Notice of Cancellation of Hearing cancelling hearing 0.10 16.50 scheduled for November 7, 2016 on Defendant, City of Boynton Beach's Motion to Compel Plaintiff to Provide Better Responses to Discovery and Overrule Objections. MN Research issue of hearsay as basis for inference of improper police conduct 2.80 462.00 MN Draft Motion to dismiss amended complaint 4.90 808.50 11/7/2016 HL Receipt and review Order Specially Setting Hearing scheduled for 0.10 16.50 November 22, 2016 on Defendant, City of Boynton Beach's Motion to Compel Plaintiff to Provide Better Responses to Discovery and Overrule Objections; and Plaintiffs hearing on Objections Raised in Defendant, City of Boynton Beach's Response to Plaintiffs Request for Production. HL Receipt and review Defendant, City of Boynton Beach's Motion to Dismiss 0.40 66.00 Plaintiffs Amended Complaint or, in the Alternative, Motion for More Definite Statement. MN Research Standard for allegations in complaint requiring ultimate facts for 2.60 429.00 defense motion to dismiss amended complaint MN Draft Motion to dismiss amended complaint 4.40 726.00 MN Review and analyze plaintiffs discovery responses 0.60 99.00 11/8/2016 HL Receipt and review Notice of Special Set Hearing setting Defendant, City of 0.10 16.50 Boynton Beach's Motion to Dismiss Plaintiffs Amended Complaint or, In the Alternative, Motion for More Definite Statement on December 20, 2016. MN Research impertinent and scandalous allegations in the Amended Complaint 1.10 181.50 MN Research issue of required ultimate facts for complaint 2.30 379.50 561-826-2800 Page 548 of 960 City of Boynton Beach ti•..TI, 11/8/2016 MN Draft defendants motion to dismiss the amended complaint 3.20 528.00 MN Research issue of salacious personal attacks in a complaint 2.30 379.50 11/9/2016 HL Receipt and review Notice of Cancellation of Special Set Hearing on 0.10 16.50 December 20, 2016. HL Receipt and review Notice of Uniform Motion Calendar Hearing on 0.10 16.50 December 20, 2016 Defendant, City of Boynton Beach's Motion to Dismiss Plaintiffs Amended Complaint. HL Receipt and review Notice of Cancellation of Uniform Motion Calendar 0.10 16.50 Hearing on December 20, 2016 Defendant, City of Boynton Beach's Motion to Dismiss Plaintiffs Amended Complaint. HL Receipt and review Re -Notice of Uniform Motion Calendar Hearing on 0.10 16.50 December 7, 2016 Defendant, City of Boynton Beach's Motion to Dismiss Plaintiffs Amended Complaint. MN Draft Crawford's motion to dismiss amended complaint 4.20 693.00 MN Draft additional arguments in defendants motion to dismiss the amended 4.10 676.50 complaint 11/10/2016 MN Draft Motion to dismiss amended complaint 4.80 792.00 MN Review and analyze notice of hearing on City's motion to dismiss amended 0.10 16.50 complaint MN Review and analyze notice of cancellation of hearing by City 0.10 16.50 MN Research issue of superfluous allegations in a complaint 2.70 445.50 MN Telephone call with plaintiffs counsel about extension for fling defendants 0.40 66,00 motion to dismiss the amended complaint 11/14/2016 MN Draft Crawford's motion to dismiss amended complaint 7.60 1,254.00 11/15/2016 MN Research issue of elements of well founded Fear for motion for summary 2.70 445.50 judgment MN Research connection between fear and activity as basis for cause of action 2.40 396.00 MN Draft defendant's motion for summary judgment 2.40 396.00 11/16/2016 MN Draft motion for summary judgment 6.80 1,122.00 HL Receipt and review correspondence from Lyman Reynolds to Judge Gillen 0.10 16.50 enclosing a copy of Defendant, City of Boynton Beach's Motion to Dismiss Plaintiffs Amended Complaint or, in the Alternative, Motion for More Definite Statement, case law and notice of hearing. HL Draft correspondence to Assistant Chief Suzanne Crawford advising Leif 0.10 16.50 Broberg's deposition has been scheduled and to let our office know if she plans to attend. 11/17/2016 MN Draft Motion for summary judgment. 5.50 907.50 MN Research The issue of whether a fear that is the basis of a cause of action 2.70 445.50 must be well founded Ht_ Receipt and review correspondence from Suzanne Crawford advising she 0.10 16.50 does not plan to attend Leif Broberg's deposition. 11/18/2016 HL Receipt and review correspondence from Matthew Cohen, Esq. to Judge 0.20 33.00 Gillen regarding November 22, 2016 hearing with attachments. 11/21/2016 HL Receipt and review Defendant, City of Boynton Beach's Motion to Require 0.10 16.50 Plaintiff to Sign Authorizations. MN Draft -redraft facts for motion for summary judgment 4.60 759.00 11/22/2016 GO attend hearing on Motions to Compel 1.00 165.00 HL Receipt and review Defendant, City of Boynton Beach's Notice of Production 0.20 33.00 from Non -Party, Statement of Assurance for Subpoenas and Subpoena. 11/23/2016 HL Receipt and review Order on Defendant City of Boynton Beach's Motion to 0.10 16.50 Compel Plaintiff to Provide Better Responses to Discovery and Overrule Objections. Page 549 of 960 City of Boynton Beach 11/23/2016 HL Receipt and review Order on Objections raised in Defendant City of Boynton 0.10 16.50 Beach's response to Plaintiffs Request for Production. Summary HL Draft Defendant, Suzanne Crawford's Request for Copies to Defendant, City 0.10 16.50 Rate of Boynton Beach. Gary Oldehoff 1.00 HL Receipt and review Notice of Hearing on Defendant, Crawford's Motion to 0.10 16.50 165.00 Dismiss Plaintiffs Amended Complaint scheduled for January 13, 2017. Marvin Nodel 105.70 MN Re -draft motion for summary judgment 3.00 495.00 11/28/2016 MN Review and analyze plaintiffs request for copies to defendant City 0.10 16.50 HL Receipt and review Order Specially Setting Hearing for Friday, January 13, 0.10 16.50 2017, HL Receipt and review Plaintiffs Request for Copies to Defendant, City of 0.10 16.50 Boynton Beach. 11/30/2016 HL Receipt and review correspondence from Lyman Reynolds, Esq. with dates 0.10 16.50 to reschedule Leif Broberg's deposition. MN Review and analyze audio of Asst. Chief Crawford's interview relating to 2.40 396.00 Pltfs claim to prepare for affidavit in support of motion for summary judgment. HL Receipt and review Plaintiffs Response and Memorandum of Law in 0.30 49.50 Opposition to Defendant City of Boynton Beach's Motion to Dismiss Amended Complaint. Total professional services rendered 109.60 $18,084.00 Disbursements Incurred: 11/30/2016 HL Lexis 437.06 HL Copying cost 157.00 Total Disbursements Incurred: $594.06 Total amount of this bill $18,678.06 Previous balance $15,714.90 Accounts receivable transactions 11/18/2016 Payment - Thank You No. 0132474992 ($15,714.90) Total payments and adjustments ($15,714.90) Balance e $18,678.06 Summary NamInvoice ®e Hours Rate Amount Gary Oldehoff 1.00 165.00 $165.00 Harriet Lewis 2.90 165.00 $478.50 Marvin Nodel 105.70 165.00 $17,440.50 Page 550 of 960 Lewis, Stroud & Deutsch, PL 1900 Glades Road Suite 251 Boca Raton, FL 33431 Tel 561-826-2800 Fax 561-826-2828 December 1, 2016 City of Boynton Beach Julie Oldebury Director of Human Resources and Risk Management 100 E Boynton Beach Blvd, Boynton Beach„ FL 33425 USA In Reference To:Byron J. Harris v. City of Boynton Beach Invoice # 6283 Re: Officer Matthew Medeiros Federal ID # Email Invoice to Julie at City of Boynton Beach 20-338-5521 oldburyj@bbfl.us For Professional Services Rendered: 11/14/2016 HL Receipt and review Plaintiffs Notice of Charging Lien. 0.10 16.50 HL Receipt and review correspondence from Lyman H. Reynolds, Jr., Esq. with 0.10 16.50 a copy of the errata sheet for Plaintiff, Byron Harris. HL Receipt and review Plaintiffs Motion to Strike Charging Lien and/or Other 0.10 16.50 Relief filed by alleged former counselors. 11/16/2016 HL Draft correspondence to Matthew Medeiros advising a Settlement 0.10 16.50 Agreement was entered into at mediation with the City of Boynton Beach paying all funds which is subject to City Commission Approval. Also advised a General Release and a Stipulation and Order of Dismissal will be drafted and we will send him copies when all are signed and entered by the Court. 11/21/2016 HL Receipt and review Response to Harris' Motion to Strike Charging Lien: 0.70 115.50 Motion to Stay Settlement Disbursement and Motion to Compel Arbitration on Fee Issue. HL Receipt and review Clerks Notice to Filer re Response/Reply. Document 0.10 16.50 Not Linked - Error. The filed document was not linked to the related docket entry. _ Total professional services rendered 1.20 $198.00 Disbursements Incurred: 11/30/2016 HL Copying cost 20,00 Total Disbursements Incurred $20.00 Total amount of this bill $218.00 Previous balance $11,191.45 Accounts receivable transactions 11/10/2016 Payment - Thank You No. 0132294009 ($11,191.45) 581-826-2800 Page 551 of 960 City of Boynton Beach Total payments and adjustments F-FIMJT4-Y—M Name Harriet Lewis Invoice Summary Page 2 Amount ($11,191.45) $218.00 Hours Rate Amount 1.20 165.00 $198.00 Page 552 of 960 Marrero & Wydler Douglas Centre, PH4 2600 Douglas Road Coral Gables, FL 33134 November 10, 2016 TAX I.D. 03-0486999 Telephone: 305-446-5528 Fax: 305-446-0995 Julie Oldbury, Director of Human Resources and Risk Manageme City of Boynton Beach Invoice 3025 100 E. Boynton Beach Blvd. No. Boynton Beaach, FL 33435 In Reference To: Harris v. City of Boynton Beach, et al Professional Services Page 553 of 960 Hours Amount Amount 10/3/2016 OEM Rec and rev notice of continued video 0.20 $28.00 $28.00 deposition of Chief Katz OEM Rec and rev letter from Lyman Reynolds to 0.30 $42.00 $42.00 Linnes Finney re motion to strike Charlene Edwards as witness NV Review records from WalMart Pharmacy; 0.10 $12.00 $12.00 update subpoena status log NV Review records from CVS Pharmacy; update 0.10 $12.00 $12.00 subpoena status log NV Review records of Walgreens Pharmacy; 0.10 $12.00 $12.00 update subpoena status log NV Review records from Florida DMV; update 0.10 $12.00 $12.00 subpoena status log 10/4/2016 ACH Prepare and attend deposition of Sedrick 2.10 $252.00 $252.00 Aiken 10/5/2016 OEM Rec and rev letter from Lyman Reynolds re 0.20 $28.00 $28.00 Plaintiffs expert deposition exhibit OEM Rec and rev notice and subpoena for 0.40 $56.00 $56.00 deposition of Dr. Beauzile OEM Rec and rev notice and subpoena for 0.40 $56.00 $56.00 deposition - Jessica Val OEM Rec and rev 2nd re -notice and subpoena for 0.40 $56.00 $56.00 deposition - Dr. Carol Adami OEM Rec and rev 2nd re -notice and subpoena for 0.40 $56.00 $56.00 deposition for Dr. Garrett Page 553 of 960 Jude Oldbury, Director of Human Resources and Risk Manageme Page 2 Hours Amount Amount 10/5/2016 OEM Rec and rev notice and subpoena for 0.40 $56.00 $56.00 deposition - Dr. Habib OEM Rec and rev notice and subpoena for 0.40 $56.00 $56.00 deposition - DIS McCutchen OEM Rec and rev notice and subpoena for 0.40 $56.00 $56.00 deposition - DIS K. Knight OEM Rec and rev notice and subpoena for 0.40 $56.00 $56.00 deposition - DIS Sanjeev Ramasawmi OEM Rec and rev re -notice and subpoena for 0.40 $56.00 $56.00 deposition to Tiesha Mack OEM Rec and rev re -notice and subpoena for 0.40 $56.00 $56.00 deposition - Clifford Henfield OEM Rec and rev letter from Lyman Reynolds re 0.20 $28.00 $28.00 addendum to CME report from Dr. Zeide 10/7/2016 ACH Draft report letter re reviewlsummary of 6.40 $768.00 $768.00 Plaintiffs deposition testimony 10/10/2016 OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Defendant Herny's request for copies of 916116 OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Defendant Mairino's request for copies of 9112116 OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Medeiros' request for copies of 919116 OEM Rec and rev letter form Lyman Reynolds to 0.20 $28.00 $28.00 Linnes Finney re motion to strike Charlene Edwards LW Review/revise deposition summaries: 0.50 $70.00 $70.00 Eichorst, Chief Harris, Byron Karp, Jeff Williams and Patrick Monteith LW Review/revise deposition summary of Justin 0.30 $42.00 $42.00 Harris ACH Draft (continued) report letter re 1.90 $228.00 $228.00 review/summary of Plaintiffs deposition testimony 10/11/2016 OEM Rec and rev re -notice of Dr. Heller deposition 0.20 $28.00 $28.00 Page 554 of 960 Julie Oldbury, Director of Human Resources and Risk Manageme Page 3 Hours o t Amount 10/11/2016 OEM Rec and rev Defendant Medeiros's notice of 0.30 $42.00 $42.00 adopting City's supplemental Rule 26 disclosure OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Justin Harris's 9.2.16 request for copies 10/12/2016 OEM Rec and rev notice and subpoena for 0.40 $56.00 $56.00 deposition - Darion King OEM Rec and rev order requiring Jeffrey Braswell 0.30 $42.00 $42.00 to show cause OEM Rec and rev City's response to Plaintiffs 4th 0.30 $42.00 $42.00 request for production LW Draft/revise deposition summary of Ashley 3.80 $532.00 $532.00 Hill (vol. 1 and 2); review transcript 10/13/2016 OEM Rec and rev Defendant Herny's request for 0.20 $28.00 $28.00 copies to City of Boynton Beach OEM Rec and rev paperless order noting letter 0.20 $28.00 $28.00 from Dr. Rapp requires no action by Court 10/14/2016 OEM Rec and rev notice of taking deposition - Dr. 0.20 $28.00 $28.00 Adam White OEM Rec and rev re -notice of deposition of Dr. 0,20 $28.00 $28.00 Majid Shams OEM Rec and rev notice of cancellation of 0.20 $28.00 $28.00 deposition Nicholas Tiscione ACH Review/analyze Plaintiffs deposition 4.10 $492.00 $492.00 testimony re draft summary of testimony 10/17/2016 ACH Review and draft outline of Justin Harris 1.00 $120.00 $120.00 (822) deposition testimony re statement of material facts in support of summary judgment ACH Review and draft outline of Cory Herny 0.70 $84.00 $84.00 deposition testimony re statement of material facts in support of summary judgment ACH Review and draft outline of Michael Brown 0.80 $96.00 $96.00 deposition testimony re statement of material facts in support of summary judgment ACH Review and draft outline of Ronald Ryan 0.80 $96.00 $96.00 deposition Easton re statement of material facts in support of summary judgment Page 555 of 960 Julie Oldbury, Director of Human Resources and Risk Manageme Page 4 Hours o Amount 10/17/2016 ACH Draft statement of material facts 2.70 $324.00 $324.00 GL Prepare/gather case materials for 0.50 $37.50 $37.50 depositions of Dr. Adami, D/S Knight and Dr. Phil Heller and hearing on City's motion for order to show cause, for attorney review 10/18/2016 OEM Rec and rev notice of video deposition - Sgt. 0.20 $28.00 $28.00 Jason Llopis OEM Rec and rev re -notice of continued video 0.20 $28.00 $28.00 deposition of Chief Jeffrey katz OEM Rec and rev Defendant Martinez's expert 0.30 $42.00 $42.00 witness disclosure OEM Rec and rev Defendant Martinez's notice of 0,20 $28.00 $28.00 adopting City's supplemental Rule 26 disclosure OEM Rec and rev order setting show cause 0.20 $28.00 $28.00 hearing - Braswell ACH Draft statement of material facts in support of 6.60 $792.00 $792.00 summary judgment ACH Review and draft outline of Cynthia Rivera 0.60 $72.00 $72.00 deposition testimony re statement of material facts in support of summary judgment ACH Review and draft outline of Patrick Monteith 0.50 $60.00 $60.00 deposition testimony re statement of material facts in support of summary judgment ACH Review and draft outline of Justin Harris 0.30 $36.00 $36.00 (820) deposition testimony re statement of material facts in support of summary judgment ACH Legal Research re failure to 1.50 $180.00 $180.00 intervene/position to intervene/multiple suspects/witness use of force ACH Draft motion for summary judgment and 0.50 $60.00 $60.00 incorporated memorandum of law NV Preparation for depositions of Dr. Adami, Dr. 0.20 $24.00 $24.00 Heller and D/S Knight NV Attend deposition of Dr. Carol Adami (no 0.40 $48.00 $48.00 show) Page 556 of 960 Julie Oldbury, Director of Human Resources and Risk Manageme Page 5 Hoursount Amount 10/18/2016 NV Attend deposition of Dr. Phil Heller 2.40 $288.00 $288.00 (telephonically) NV Attend deposition of DIS Knight 0.60 $72.00 $72.00 GL Prepare/gather case materials for 0.40 $30.00 $30.00 depositions of Rev. Dames, Clifford Henfield, and Tiesha Mack, for attorney review LW Prepare and attend hearing on order to show 3.50 $490.00 $490.00 cause - Jeffrey Braswell 10/19/2016 OEM Rec and rev City's supplemental response to 0.30 $42.00 $42.00 Plaintiffs 3rd request to produce OEM Rec and rev letter from Lyman Reynolds to 0.20 $28.00 $28.00 Plaintiff's counsel re location of mediation OEM Rec and rev e-mail exchange between 0.20 $28.00 $28.00 counsel re location of mediation ACH Draft statement of material facts 4.30 $516.00 $516.00 ACH Draft (continued) motion for summary 3.00 $360.00 $360.00 judgment and incorporated memorandum of law ACH Prepare/attend deposition of Tiesha Mack 0.70 $84.00 $84.00 (late show and refused to testify) ACH Prepare and attend deposition of Reverend 0.80 $96.00 $96.00 Richard Dames 10/20/2016 OEM Rec and rev Plaintiffs notice of video 0.20 $28.00 $28.00 deposition of Officer Ray Thomas OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Defendant Brown's request for copies OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Justin Harris's request for copies OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Defendant Herny's request for copies OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Defendant Mairorino's request for copies OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Defendant Medeiro's request for copies Page 557 of 960 Julie Oldbury, Director of Human Resources and Risk Manageme Page 6 Hours ounAmount 10/20/2016 OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Plaintiffs request for copies OEM Rec and rev Plaintiff's Notice of Taking 0.20 $28.00 $28.00 Deposition of Officer Ray Thomas. ACH Draft (continued) motion for summary 8.00 $960.00 $960.00 judgment and incorporated memorandum of law NV Attend deposition of DIS McCutchen 1.50 $180.00 $180.00 NV Attend deposition of Dr. Adam White 1.00 $120.00 $120.00 LW Prepare and attend deposition of Dr. 1.50 $210.00 $210.00 Beauzile 10/21/2016 OEM Rec and rev Plaintiffs unopposed motion to 0.50 $70.00 $70.00 transport Plaintiff for purposes of mediation OEM Rec and rev endorsed order referring motion 0.20 $28.00 $28.00 to transport Plaintiff to Magistrate Judge OEM Rec and rev paperless order denying as 0.20 $28.00 $28.00 moot motion to transport Plaintiff for mediation OEM Rec and rev email from Plaintiffs counsel to 0.10 $14.00 $14.00 Judge re: his Unopposed Motion to Transport for Mediation. OEM Rec and rev email from Plaintiffs counsel re: 0.10 $14.00 $14.00 errata sheets to deposition transcript. ACH Review/revise statement of material facts in 1.70 $204.00 $204.00 support of summary judgment ACH Draft mediation evaluation 1.50 $180.00 $180.00 ACH Prepare and attend deposition of Ray 0.80 $96.00 $96.00 Thomas ACM Review record re revisions to statement of 3.90 $468.00 $468.00 material facts (Hill FBI statement, Braswell FBI statement, Braswell BBPD statement, Joyner expert report, PB SAO charges, Plaintiffs deposition transcript) LW Draft e-mail to defense counsel re motion for 0.20 $28.00 $28.00 summary judgment and motions in limine Page 558 of 960 Julie Oldbury, Director of Human Resources and Risk Manageme 10/21/2016 LW Review file on motion for summary judgment Hours and motion in limine procedures LW Draft e-mail to Lyman Reynolds re 0.20 conventional filing of DVD LW Rec and rev e-mail from Lyman Reynolds re $28.00 motion for summary judgment 10/23/2016 LW Draft/revise motion for summary judgment $28.00 and statement of facts; review case law 10/24/2016 OEM Rec and rev Defendant, City's Motion in 0.30 Limine to Exclude Testimony about the Trial $42.00 of Ex -Officer Maiorino. OEM Rec and rev Defendant, City's Motion in 0.30 Limine to Exclude Plaintiffs Testimony. OEM Rec and rev Defendant, City's Motion in Limine to Exclude References to Ferguson Protests and Alleged Police Brutality in Other Jurisdictions, OEM Rec and rev Defendant, City's Motion in Limine to Exclude Leif Broberg's Testimony about Alleged Coverups and Retaliation. OEM Rec and rev Defendant, City's Motion in Limine to Exclude Statements about Alleged BBPD Misconduct, and Other Claims by Ashley Hill. OEM Rec and rev Plaintiffs First Motion in Limine to Exclude Evidence of Plaintiffs Prior Criminal Background/Convictions/Past Bad Acts, OEM Rec and rev Plaintiffs Second Motion in Limine to Exclude Any Testimony from Any of Defendants' Expert Witnesses as to the Credibility of Candor of the Plaintiff or Other Witnesses. OEM Rec and rev Plaintiffs Third Motion in Limine to Preclude Dr. Michael Zeide, from testifying as to Plaintiffs Mental State. OEM Rec and rev Plaintiffs Fourth Motion in Limine to Preclude Practices Expert, Charles Joyner, from Offering Any Testimony or Hours Amount Amount 0.20 $28.00 $28.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 4.70 $658.00 $658.00 0.30 $42.00 $42.00 0.30 $42.00 $42.00 0.30 $42.00 $42.00 0.30 $42.00 $42.00 0.30 $42.00 $42.00 0.90 $126.00 $126.00 0.60 $84.00 $84.00 0.60 $84.00 $84.00 0.60 $84.00 $84.00 Page 559 of 960 Julie Oldbury, Director of Human Resources and Risk Manageme Hours Amount r y 0.60 $84.00 $84.00 0.60 $84.00 $84.00 0.60 $84.00 $84.00 0.60 $84.00 $84.00 0.90 $126.00 $126.00 0.90 $126.00 $126.00 0.30 $42.00 $42.00 0.20 $28.00 $28.00 0.30 $36.00 $36.00 0.20 $24.00 $24.00 0.20 $24.00 $24.00 1.60 $192.00 $192.00 Page 560 of 960 Other Evidence Regarding Plaintiffs §1983 Monell Claim. 10/24/2016 OEM Rec and rev Plaintiffs Fifth Motion in Limine to Preclude Defendants from Mentioning Alleged "Baggie" that was Reported in One Police Report as Inadmissable Hearsay. OEM Rec and rev Plaintiffs Sixth Motion in Limine to Exclude Evidence or Testimony of Prior Drug or Alcohol Use by Plaintiff. OEM Rec and rev Plaintiffs Seventh Motion in Limine to Prevent Defendants from Mentioning, Referencing, or Alluding to any Medical or Mental Health history of Plaintiff. OEM Rec and rev Plaintiffs Eighth Motion in Limine to Prevent Defendants from Introducing the Videotaped Police Statements of Plaintiff, Hill, and Braswell as Impermissible Hearsay. OEM Rec and rev Defendant, Herny's Motion for Summary Judgment, Statement of Material Facts, and Notice of Filing in Support. OEM Rec and rev Defendant, City's Motion for Summary Judgment and Statement of Material Facts with attached exhibits in support. OEM Rec and rev Defendant, Medeiros's Motion for Extension of Time to File Dispositive Motions, OEM Rec and rev Paperless Order Granting Defendant, Medeiros's Motion for Extension of Time. ACH Legal Research re procedure for filing motions in limine for Judge Rosenberg ACH Draft e-mail to Linnes Finney re conferral on motion in limine ACH Tele conf with Lines Finney re conferral on motion for leave to conventionally file ACH Legal Research re failure to intervene/excessive force/identify/specific conduct/specific defendant Hours Amount r y 0.60 $84.00 $84.00 0.60 $84.00 $84.00 0.60 $84.00 $84.00 0.60 $84.00 $84.00 0.90 $126.00 $126.00 0.90 $126.00 $126.00 0.30 $42.00 $42.00 0.20 $28.00 $28.00 0.30 $36.00 $36.00 0.20 $24.00 $24.00 0.20 $24.00 $24.00 1.60 $192.00 $192.00 Page 560 of 960 Julie Oldbury, Director of Human Resources and Risk Manageme Page 9 Hours Amount Amount 10/24/2016 ACH Review/revise statement of material facts in 1.40 $168.00 $168.00 support of summary judgment ACH Draft motion in limine re disciplinary/lawsuit 1.60 $192.00 $192.00 history/media coverage/insurance coverage/racial bias ACH Prepare/attend deposition of Sgt. Jason 1.20 $144.00 $144.00 Llopis ACH Prepare/attend continued deposition of Chief 1.20 $144.00 $144.00 Katz ACH Prepare notice of filing and exhibits in 3.20 $384.00 $384.00 support of summary judgment ACH Draft motion for leave to conventionally file 0.40 $48.00 $48.00 DVD in support of summary judgment LW Review/revise motion in limine and 1.50 $210.00 $210.00 Shepardize case law LW Review/revise statement of material facts 1.00 $140.00 $140.00 and motion for summary judgment LW Review additional case law added 0.80 $112.00 $112.00 LW Review/analyze motion for summary 0.50 $70.00 $70.00 judgment and statement of material facts by Herny LW Rec and rev defense counsel e-mail re 0.30 $42.00 $42.00 motions for summary judgment and motions in limine (Robert Schwartz, Burke, Don Stephens, Bob Okon) LW Review/analyze 7 motions in limine by 0.70 $98.00 $98.00 Plaintiff Harris LW Review/compare/analyze Corny Herny's 0.60 $84.00 $84.00 motion for summary judgment and statement of material facts to Justin Harris motion and facts LW Review/analyze/compare City motion for 0.30 $42.00 $42.00 summary judgment and statement of material facts to Justin Harris motion and facts LW Review/revise motion for leave to file DVD 0.20 $28.00 $28.00 conventionally Page 561 of 960 Julie Oldbury, Director of Human Resources and Risk Manageme 1012512016 OEM Rec and rev Defendant Herny's amended Amount statement of material facts OEM Rec and rev paperless order granting Justin 0.20 Harris's motion to conventionally file DVD OEM Tele conf with Julie Oldbury OEM Preparation for mediation OEM Tele conf with Bob Okon re mediation LW Rec and rev e-mail from Jolly re motion for $28.00 summary judgment 10/26/2016 OEM Rec and rev City's supplemental response to $14.00 Plaintiffs third request for production OEM Rec and rev notice of cancellation of Jessica 0.20 Val deposition OEM Prepare and attend mediation conference 10/27/2016 GL Draft email to process server re: seize 0.10 service of outstanding subpoenas in light of $7.50 settlement at mediation. 10/28/2016 OEM Rec and rev Order Staying the Case and Directing Clerk to Close the Case for Statistical Purposes. Hours Amount Amount 0.30 $42.00 $42.00 0.20 $28.00 $28.00 0.10 $14.00 $14.00 1.00 $140.00 $140.00 0.20 $28.00 $28.00 0.10 $14.00 $14.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 7.00 $980.00 $980.00 0.10 $7.50 $7.50 0.30 $42.00 For professional services rendered Additional Charges: 10/17/2016 Mediation fee - Matrix Mediation Mileage to West Palm Beach Courthouse for hearing on order to show cause Tolls - to West Palm Beach for hearing on show cause order 10/31/2016 Postage 1011 - 10/31/2016 Total amount of this bill Previous balance 11/8/2016 Payment - Thank You. Check No. 0131964688 $42.00 126.40 $16,171.00 388.89 66.75 2.25 0.67 $16,629.56 $17,076.50 ($17,076.50) Page 562 of 960 Julie Oldbury, Director of Human Resources and Risk Manageme Page 11 Total payments and adjustments ($17,076.50) Balance due $16,629,56 Timekeeper Summary Name Hours Rate Alexandra C. Hayes 66,50 120.00 Guertty Lopez 1.00 75.00 Lourdes E. WydIer 21.10 140.00 Nilda Vasallo 6.50 120.00 Oscar E. Marrero 31.30 140.00 Page 563 of 960 CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for December 19, 2016 - "Request for Extensions and/or Piggybacks". EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of bid solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) COMMODITY/SERVICE RFP/BID NUMBER RENEWAL TERM Information Consultants, Inc. Laserfiche Maintenance and Support Resolution R16-001 January 5, 2017 to January 4, 2018 Law Office of Carol D. Ellis, Esquire Special Magistrate Services Quote no. Q-024- 2120-14/JMA January 8, 2017 to January 7, 2018 Kenneth A. Scheppke, M.D. Medical Director to oversee EMS RFP No. 015-2210- 14/JMA February 3, 2017 to February 2, 2018 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those bids, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT. Budgeted Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new bids to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 564 of 960 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Action Type D Attachment D Attachment D Attachment D Attachment REVIEWERS: Department Finance Legal Finance City Manager Description Detail on Renewal Requests for Bids/Piggybacks Response from Information Consultants Response from Carol D. Ellis, Esq, Response from Dr, Scheppke Reviewer Action Howard, Tim Approved Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 12/8/2016 - 11:50 AKA 12/8/2016 - 3:40 IIIA 12/8/2016 - 3:39 IIIA 12/12/2016 - 8:16 AM Page 565 of 960 REQUESTING DEPARTMENT. ITS DEPARTMENT CONTACT. Yuri Konnikov TERM: January 5, 2017 to January 4, 2018 SOURCE FOR PURCHASE: Resolution R16-001 ACCOUNT NUMBERS: 001-1510-513-46-91; 401-2810-536-49-41; 401-2823-536-46-91; and 001-2110-521-46-20 VENDOR(S): Information Consultants, Inc. ANNUAL EXPENDITURE: $28,000.00 DESCRIPTION OF BID EXTENSION: On January 5, 2016, City Commission authorized the City Manager to sign a Vendor Services Agreement for the software upgrade, migration and yearly maintenance/support of Laser fiche the City's document management system with Information Consultants, Inc. of Miami, FL for a one-year period. This Agreement has four (4) additional one-year renewal periods. Information Consultants, Inc. has agreed to renew the existing Vendor Services Agreement for a one-year term with the same terms, conditions and fees. REQUESTING DEPARTMENT. Fire/Community Standards DEPARTMENT CONTACT. Andrew Mack TERM: January 8, 2017 to January 7, 2018 SOURCE FOR PURCHASE: Request for Quote No. Q-024-2120-14/JMA; Resolution R14-004 ACCOUNT NUMBER: 001-2211-522-49-17 VENDOR(S): Law Office of Carol D. Ellis ANNUAL EXPENDITURE: $9,000.00 DESCRIPTION OF BID EXTENSION: On January 7, 2014, City Commission authorized the City Manager to enter into an Agreement with Carol Dutra Ellis, Esq. to provide Special Magistrate Services to hear cases for violations against the City Code at the agreed rate of $100.00 per hour for a one-year term. The Agreement contains the option to renew for an additional three (3) one-year terms. Carol Dutra Ellis has agreed to renew the Agreement for the flaqj renewal year with the same terms, conditions and pricing. REQUESTING DEPARTMENT. FIRE RESCUE DEPARTMENT CONTACT. Michael Landress TERM: February 3, 2017 to February 2, 2018 SOURCE FOR PURCHASE: RFP No. 015-2210-14/JMA; Resolution No. R14-003 ACCOUNT NUMBER: 001-2210-522-34-51 VENDOR(S): Kenneth A. Scheppke, M.D., P.A. ANNUAL EXPENDITURE: $28,200.00 DESCRIPTION OF BID EXTENSION: City Commission approved a Three Year Contract for Medical Director to Oversee Emergency Medical Services provided by Fire Rescue and Ocean Rescue on January 7, 2014. The Medical Director develops medically correct protocols for specified procedures; develops a patient care quality assurance system; ensures and certifies that the security procedures of the EMS provider for medications, fluids and controlled substances are in compliance with applicable regulations; and he ensures that all EMTs and paramedics are trained in the use of the trauma scorecard methodologies. Dr. Scheppke also serves as the liaison between governmental regulatory agencies and other local EMS providers and hospitals. The Contract allows for two one-year renewals. Dr. Scheppke has agreed to renew the Contract with the same terms, conditions and annual fee. REQUESTING DEPARTMENT. DEPARTMENT CONTACT. TERM: SOURCE FOR PURCHASE: ACCOUNT NUMBER: VENDORS: ANNUAL EXPENDITURE: DESCRIPTION OF BID EXTENSION: The City of Boynton Beach November 4, 2016 Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 Information Consultants, Inc. 1395 Brickell Avenue, Suite 800 Miami, FL 33131 ATTN: Pierre Smith RE: VENDOR SERVICES AGREEMENT FOR THE YEARLY MAINTENANCE/SUPPORT OF LASERFICHE CURRENT AGREEM ENT PERIOD: JANUARY 5, 2016 TO JANUARY 4, 2017 Dear Mr. Smith The Vendor Services Agreement (R16-001) between the City of Boynton Beach and Information Consultants, Inc. expires on January 4, 2017. This Agreement allows for four (4) additional one-year renewals with the same terms and conditions and rates. The City of Boynton Beach would like to extend this Agreement with Information Consultants with the same terms, conditions and rates for an additional year as allowed in the Bid documents. Please indicate your response on the following page and return it to Procurement Services at your earliest convenience. If you should have any questions, please feel free to call Julianne Alibrandi, at 561-742- 6322 or e-mail at alibrandiiIftbbfl.us. Thank you. Sincerely, Tim W. Howard Assistant City Manager - Administration Director of Financial Services cc: John McNally, ITS Director Yury Konnikov, ITS Support Manager File America's Gateway to the Gulf Stream Page 568 of 960 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 November 4, 2016 RE: VENDOR SERVICES AGREEMENT FOR THE YEARLY MAINTENANCE/SUPPORT OF LASERFICHE Agreement between the City of Boynton Beach and INFORMATION CONSULTANTS, INC.: NEW AGREEMENT PERIOD: January 5, 2017 to January 4, 2018 X Yes, I agree to extend the existing Agreement under the same Terms and Conditions and Rates. No, I do not wish to extend the Agreement as explained below: INFORMATION CONSULTANTS, INC. Pierre Smith SIGNATURE President NAME OF REPRESENTATIVE TITLE Please Print 12/1/2016 954-989-3704 DATE (AREA CODE) TELEPHONE NUMBER psmith@icons-inc.com E-MAIL ADDRESS America's Gateway to the Gulf Stream Page 569 of 960 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 1!111 11 1 1 T F 'i M,L TT--TcT:T.- 51manlu � IN 11 � MEM= Yes, I agree to extend the existing Agreement under the same Terms and Conditions and Fees, el NAME OF REPRESENTATIVE Please Print DATE z) . .. .. ....... E-MAIL ADDRESS IJ, UU211 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 570 of 960 The City of Boynton Beach November 4, 2016 Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 Kenneth A. Scheppke, M.D., P.A. 4480 River Pines Court Tequesta, FL 33469 RE: "THREE YEAR CONTRACT FOR MEDICAL DIRECTOR TO OVERSEE EMERGENCY MEDICAL SERVICES PROVIDED BY FIRE RESCUE AND OCEAN RESCUE" RFP No. 015-2210-14/JMA CURRENT CONTRACT PERIOD: FEBRUARY 3, 2014 TO FEBRUARY 2, 2017 Dear Dr. Scheppke: The Contract between the City of Boynton Beach and Kenneth A. Scheppke, M.D., P.A. for Medical Director will expire on February 2, 2017. The City of Boynton Beach is very happy with your services and as allowed under the terms of the Professional Agreement, the City would like to extend the agreement for an additional one-year period with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services at your earliest convenience. We look forward to your continued services as Medical Director for our EMS and Ocean Rescue. If you should have any questions, please feel free to call Julianne Alibrandi, Sr. Buyer, at 561- 742-6322 or e-mail to alibrandijQbbfl.us. Thank you. Sincerely, Tim W. Howard Assistant City Manager - Administration Director of Financial Services cc: Michael Landress, EMS Coordinator File America's Gateway to the Gulf Stream Page 571 of 960 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 November 4, 2016 RE: "THREE YEAR CONTRACT FOR MEDICAL DIRECTOR TO OVERSEE EMERGENCY MEDICAL SERVICES PROVIDED BY FIRE RESCUE AND OCEAN RESCUE" RFP No. 015-2210-14/JMA Agreement between the City of Boynton Beach and KENNETH A. SCHEPPKE, M.D., P.A.: NEW AGREEMENT PERIOD: February 3, 2017 to February 2, 2018 XX Yes, I agree to extend the existing Professional Agreement under the same Terms and Conditions with the following requested fee for the renewal period: No, I do not wish to extend the Agreement as explained below: KENNETH A. SCHEPPKE, M.D., P.A. Kenneth A Scheppke, MD NAME OF REPRESENTATIVE Please Print 11/30/2016 DATE kscheppke(cDcomcast.net E-MAIL ADDRESS SIGNATURE President TITLE 561-436-2291 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 572 of 960 CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of November 2016. 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 November 2016: Purchase Order Vendor Amount 170482 Fluid Control Specialties, Inc $ 10,383.00 170486 MetroStudy, Inc. $ 20,250.00 170504 Smartwater CSI, LLC $ 10,000.00 170505 Xylem Water Solutions USA, Inc $ 21,124.80 170526 Champion Solutions Group $ 11,352.16 170551 Papico Construction, Inc. $ 11,500.00 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: CLIMATE ACTION: No Page 573 of 960 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Finance Finance City Manager Reviewer Howard, Tim Howard, Tim LaVerriere, Lori Description Purchases over 1 OK - Nov 2016 Action Date Approved 1211212016 - 6:14 AM Approved 1211212016 - 6:14 AM Approved 1211212016 - 6:16 AM Page 574 of 960 3 CITY Q OF BOYNTONBEACH , APPROVED REUESTS FOR PURCHASES OVER $10,000 M FOR NOVEMBER 2016 1. Vendor: Fluid Control Specialties, Inc. Purchase Amount: $10,383.00 Requesting Department: Utilities Contact Person: Jim Hart Date: 1112116 Brief Description of Purchase: Check valve parts to repair the valves at Master Station #317. This Master Station has been taking in a lot of rags and towels and causing a lot of issues at this station. Source for Purchase: Sole Source Fund Source: 401-2816-536-52-75 ® r: MetroStudy Purchase Amount: $20,250.00 Requesting Department: Development Contact Person: Andrew Mack Date: 1112116 Brief Description of Purchase: Consulting services for Demographic and Housing Market Study. Source for Purchase: Three Written Quotes Fund Source: 001-2419-559-49-17 ® r: Smartwater CSI, Inc. Purchase Amount: $10,000.00 Requesting Department: Police Contact on: Asst. Chief Kelly Harris Date: 1117116 Brief Description of Purchase: Tracer kits for anti -theft. Source for Purchase: Sole Source FundSource: 105-3444-521-52-59 . Vendor: Xylem Water Solutions USA, Inc. Purchase Amount: $21,124.80 Requesting Department: Utilities Contact Person: Jim Hart Date: 1117/16 Brief Description of Purchase: Repair 75hp pump at Master Station #317. There have been many issues at Master 317 due to rags and towels clogging up the system and wearing down the pumps. Source for Purchase: Sole Source Fund Source: 401-2816-536-46-51 Page 1 Page 575 of 960 E�'Group Purchase Amount: $11,352. Requesting : ITS ContactJohn McNally Date: 11/15/16 Brief Description ofPurchase: On December 21, 2013, the City of Boynton Beach City Commission approvea the purchase of a NetAppFAS2240 SAN from Champion Solutions Group. This purchase included three years hardware and software support. The current hardware and software support agreement expires on February 28, 2017. The renewal of the hardware and software support with a 4 hour onsite response time is $11,352.16. If we decide to not renew the hardware and software support agreement, the cost to receive support is $8,000 per incident. Source for Purchase: Piggyback State Contract Fund Source: 001-1510-513-46-22 3211 00- -15- C ® r: Papico Construction, Inc. Purchase Amount: $11,500.00 Requesting Department: Recreation Contact Person: Wally Majors Date: 11/23/16 Brief Description of Purchase: Annual laser level resurfacing of 4 tennis courts. Source for Purchase: Three Written Quotes Fund Source: 001-2710-572-49-17 Page 2 Page 576 of 960 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170482 6OYNTON KACH, FLORIDA 33425-0310 D. 11/02/16 SHIP TO: TO: FLUID CONTROL SPECIALTIES INC City of Boynton Beach 111 MARITIME DR EAST UTILITY ADMIN $ANFORD, FL 32771 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 3.00 F -A APCO ARM LEVER (1319) FUW SWING 1498.0000 4494.00 CHECK VALVE VENDOR ITEM NO.- 1707572 2 3.00 EA APCO AIR 793.0000 2379.00 SWING CHtbk-:-,v-Al--v..ls::m x VENDOR.IT 3 3.00 EA APC -0.- ARM.' (K8) FV WA2 :x52.0000 1356.00 VENDOR1706612 4 3.00 EA A'PC, C. 6UNTER WEIGHT (Ik9) jW- :12": :651i0000 1953.00 SWW.G CHECK VALET; VBNOOR .ITEM NO.:...: 170661-3. 5 3.00 E.A. APPOO SCRZW (B3�6) FUW:12" SWING 'CHECK 39.00 VALVE �:.VVNDOR ITEM NOt- 171139 6 6.00 EA. jNt'dO SCREW 12 SWING CHECKVOW '0 54.00 VALVE VENDOR ITEM 1110796 7 6.00 EA APCQ. NUT :(B56) FUW- 1211 SWING 36.00 049CX VALVE VENbOR ITEM NO.- 1:714465 8 12.00 EA .:APCQWASHER (B57):�:FUW 121 SWING ..0000 72.00 W W W O 0 - P !- 00 is 0 0 ca W co W 1'rs ai 40 6CY 6 b 0 c9 0 d H i i [d H Us r i tda7 N w d H r C w r Ht 0 H rro H H H r d w i i rEi i H r r H C i w � � H i H H i w r C ED r w ci tm 01 I In t4 La i r � H r i i a G7 r i i y .... 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[-L-xplanation for Purchase: These check valve parts are to repair the valves at Master Station #317. This Master Station has been taking in a lot of rags and towels and causing a lot of issues at this Station. lkico'lmended Vendor Fluid Control Specialties, Inc Source for Purchase (check and attach 0 M1,• materials): GSA L --j PRIDE/RESPECT L Sole Source ---j Budgeted Item L --j Other r -----i L --j NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 401-2816-536-52-75 011 -MI= AMMEMMIMIFYINM Page 580 of 960 REASON FOR PURCHASE: These check valves parts are to repair the valves at Master Station #317. -- ----- - ---- VENDOR INFORMATION: DMSION: nd OTHER INFORMATION: lqa—mi�- Fluid —Control Specialties, in -c Ele rn —Admin Amoant Date: 10131/2016 1498.00 ASAP Address: 111 Maritime Drive Construction Date Needed: 11/7/2016 4494.00 Confirm. Sanford, Fl, 32771 check valve, 6012.1 Cost. Re]. ASAP/Conf. (X) ----- — ----- - Distribution Aped Air Cylinder (B20) FUW 12" BACKUP S. DELIVERY: .00 2379 SUBMITTED: Phone (cotitact): Rhonda Fryer Water Qual. Quotes/Verbal E. Admin. 40 (x 3 452.00 ea Apco Arm (1328) FU W swing check lover $500) 407-302-5611 Ptunping (x Quotes/%,ritten (x) E. WTP 41 valve, 6012.1 Lover $2000 'ir-d-o—rNumber: 11343 3 PWTreat. Apco Counter Weight (B29) FU W 12" .. Bid Docs. W. WTP 42 Meter Sera. 1953.00 Sole Source Ltr. (X) P/U 99 INITIAT R: Jim 0 ' Jim Hart 7Se�w;;a—g—e( lnsura�nce Special Instructions: 'D i LAPPROVED- 3 - _Lwing Apco screw (B36) FT -JW 12" swing Re uiremebtsv: 1� --P�r—= :Project =Hart — — --------- strmwtr. 39.00 STS s1 back Number: ct um check valve Q UnitPrice �-�u—uan.- Description& Part Number nd Dept Basic Ele rn Obj Amoant 3 1498.00 Apeo Ann Lever (B 19) FlJW 12" 4494.00 eas� check valve, 6012.1 3 793.00 ea Aped Air Cylinder (B20) FUW 12" .00 2379 3 452.00 ea Apco Arm (1328) FU W swing check 1356.00 valve, 6012.1 --- 3 651.00 ea Apco Counter Weight (B29) FU W 12" 1953.00 check valve, 61}12.1 3 -TJ.O—Oea _Lwing Apco screw (B36) FT -JW 12" swing 39.00 check valve -W 9.00 ea Apco Screw (B36) FUW 12" swing 54.00 check valve — --36.00 6 6.00 ea Apco Nut (B56) FU W 12" swing check valve Page 581 of 960 ....................... - --------- . ..... . . ........ ... . 12 6 . 00 .. e . a Apco Washer (B57) 1.2" swing che�i. 7100 valve . . . . . . .......... TOTAJ, 401 2816 536 52 75 10383.00 Page 582 of 960 -1 he City of Boynton Beach Utilities Department 124E. Woolbright Road Boynton Beach, Florida 33435 Phone (561) 742-6400 FAX. (561742-6299 QUOTATIONS ITEMS REQUESTED: Check valve parts VENDOR#2: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: VENDOR 43: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING DEPT, Page 583 of 960 elm= 196119*09'pc I I I YlLaritime Drive Sanford, FL UNITED STATES 32771 P:407-302-5611 FA07-302-5612 City of Account Boynton Name: Beach ffilffl� F—Al i8 hN Contact Name, Jim Hart - Rhonda Fryer rhonda.f�yer@fc-spec.com Date: 10/27/2016 Valid Till: 11/27/2016 Quote Number. RF1005764 2. Apco Air Cylinder (820) FU W 12" Swing Check Valve, 6012.1 3 $193.00 $2,379.00 pin 1723031 3. Apco Arm (1328) FU W 12" Swing Check Valve, 6012.1 3 $452.00 $1,356.00 pin 1706612 4. Apco Counter Weight (1329) FUW 12" Swing Check Valve, 6012.1 3 $651.00 $1,953.00 pin 1706613 ® Apco Screw (1336) FU W 12" Swing Check Valve, 6012.1 3 $13.00 $39.00 pin 1711139 6. Apco Screw (855) FU W 12" Swing Check Valve, 6012.1 6 $9.00 $54.00 pin 1710796 7. Apco Nut (1356) FUW 12" Swing Check Valve, 6012.1 6 $6.00 $36.00 pin 1714465 8. Apco Washer (1357) FU W 12" Swing Check Valve, 6012.1 12 $6.00 $72.00 pin 1719350 Sub Total $10,383.00 Tax $0.00 Grand Total $10,383.00 Please see MC @ http-://www.fluidcantroispec.com/ Terms and Conditions ® Please Reference FCS Project Number and Quote Number on all paper work. QuotaUen validity - 30 days date ah . PTICes quoted are net each. Quotation reflects our policy of sourcing raw materials in the most cost effective manner. Any requirements for specific US content shall require a revised quo tation.17his proposal is based on the Page 584 of 960 *T* ITI 11, Calhoun, Escambia, Gulf, Holmes, Jackson, Okaloosa, Santa Rosa, Walton, and Washington. ch Municipal Sales Coordinator am- a-=- VIAVAMADMU1111MIKI&A I Page 585 of 960 quantities and sizes listed. All pricing is formulated to include all items contained within the proposal. Any deviatlog -z nty applies, AM I'll, I'll "I " 2�&�W � !?-o A. , osal. Swndard manufacturer's warm -MaL;6y' - _v, _ 7,wj)5.Fp�-ArAL - � representative for details specific to products quoted. Page 586 of 960 w 6 FBI -49m. CYLINDER FOOD EXTENWON WHEN VALVE IS FULLY CLOSED 25 i CYLINDER BRACKET EYE BRACKET MOUNTIN8 HOLT �-eyE ,., t CUSKON LEVER C13UNTEWMGnAFW wLWERMJGHT 4 MR BREATHER n EYE BRACIKET WASHER 6 FBI -49m. CYLINDER FOOD EXTENWON WHEN VALVE IS FULLY CLOSED 25 Request for Taxpayer kk-taf El 4 Exemptions (cod as 3 Chtt cte box for federal tax classification; check only one Of the following Man ItMtes: certain entities. not 01022' D Individualftole proprietor or El C COM01290M, 91 S GO(POnlitiOn E] Partnership TMAV6511lita Instructions on page 3), "le -member LLC Exempt pWao code Of anyl EUrWded liability company. Enter the lax classification (C -C corporation. S=S corporation, 12 --partnership) 01 I - Exemption from FATCA reporting Note. For a singla-mitimber L.LC that it. disregarded, do riot check LLC-. check the appropriate box in the One above for the tax classification of the single -member owner, code (if any) Joacmmis . .... ............. 331771111TH I MT43=11111111111 ..... .. .. .. .. lot n - I E n I I I er your TIN in the appropriate box. The TI I N I I p I r I o I vided must match the name given on line I to avoid backup withholding. For individuals. this; is generally your social wourity number (SSN). However, for a resident alien. safe proprietor, or disregarded entilly, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). it you do not have a number. see How to get a . . ........ 77N on page 3. Note. if the account is in more than one name, see the instructions for line 1 and the chart on page 4 for Employer Identification number guidelines on whose number to enter. M -M aflarl, Under penalties of perjury, I certify that'. i. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to he issued to me); and 2. 1 arn not subject to backup withholding because. (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal ROvenue Service (IRS) that I am subject to backup volthhoiding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am nR! longer subjed to backup withholcling; and 3. 1 am a U.S. citizen or other U.S. person �defined below); and 4. The FATCA code(s) entered On this form (if any) indicating that I am exempt from FATCA reporting is cornect. irlrt4t�'.n' 9 "a'Orrve, If vou Tave b�,,m notified by the IRS that you are currently subject to backup withholding 14&4 Form 1098 (home mortgage Interest), 1 098-E (student loan interest), I 098-T General Instructions tution) Section references are to the internal Revenue code unless othemisis noted. -,p-lo�gchh -DULL"'W'M MM, In - turns include. but am �nct limited to. the following: • Form I M -INT pritereeig earned or PaM • Form logo-uIV (dividends, including those From stocks Of mutual funds) • porm logg-MISC (various types of income. pftes. awards, or gross proceeds) • Form I M" (stock or mutual fund Was and certain other transaWlim by brokers) ® Form I C99 -S tprocerds from red estate transactions) - Form 1099-C (canceled debt) Form 1 D99 -A (acquisition or abandonment of secured prop") Use Form W -g only it you are a U.S. parson iincluding a resident alien), to provide your correct TIN. #you do not Mium parry, W-9 go the requester with a TIN, you might be sWscl UM& -';r Ngnirsmlig. zk�VA By signing the filled-oul foren, you'. 1. Certify that thaTIN you am giving is correct (or you we waiting for a number to be issued), 2, Carlify that you are not subject to backup withholding, or 3, Claim exemption from backup withholding it you are a U.S. exempt Payee. If applicabl% you are also certifying that as a US, perrAin. your allocable share of any partnership income from a US. trade or business Is not subject to the withholding tax on foreign partneW share of effectively connected Income, end 4. Certify that FATCA code(s) entered on this form (if any) Micaling 111hat You are WRi, MI.K* INTUNAMM., Aww" • Form I OM -It; re nS card and third party network trareactions) caw. No, 10231X Form W-9 (Rev. 12-2014) Page 588 of 960 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST ON BOYNTN BEACH BOULEVARD P.O SOX 310 P.O. #: 170486 BOYNTBEACH, FLORIDA 33425-0310 DATE: 11/02/16 SHIP TO: TO: TRT Y, INC. City of Boynton Beach 2211 MIC LSO DR. PLANNING & ZONING ST E 810 100 E. BO ON BCH BLVD IRVINE, CA 92612 BOYNTON BEACH, FL 33435 REOLPISITION O. 67595 ORDEMING DEPARTMENT: PATSY GRISSOM DATE NEEDED, BID NO: COMMISSION APPROVED� LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST 1 20250.00 DL ASSESEMENT OF CURRENT AND FUTURE 1.0000 HOUSING NEEDS OF the City. Scope of.work to include PROCUREMENT SERVICES: 100 VON 1 11 I P.O. TOTAL: • u4m Wfflzff� Page 589 of 960 PURCHASING I 9 EN I 1. tw 10 I I 0 W () 0 F3 I I I I 4aO <W HH HNA (D (D H- roDm M m m fu Lnp) w 0 mur 0 Fj J -H 0 (D P 0 TA w 0 04A 0 0 0 :T 10 () Wm11 9 0 NA ri Di 1�00 H - r- �i n M 0 H;Kl tJ (D M 0 0 0 aao WO 0 Pq Ib r 0 rt 0 0 F, kl NA m 0 w F3 ci M 0 H 0 H 0 z 0 w I F -I z 0 M Co 0 cm m M 0 ci In to F3 - ED til W tj u No pa xw tzj m OO t K) aq 0 0 w "Id H W H 0 1 Pg H 1 1 n 0 w I Ln 0 ci 0 ED 0 H 1 0 0 F, I Ch —3 0 1 wo H F4 N Ut ED 0 1 LTI Dei 64 1 a3 r3 I w bi jij Ch Lq Page 996 of 960 Date. 10/26/2016 Requesting Department: Development — Contact Person: Andrew Mack ;Explanation for Purchase: 'I Consulting Services for Demographic and Housing Market Study Recommended Vendor Metro Study Dollar Amount of Purchase 20250 Source for Purchase (check and attach backup materials). —1 Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source P i-c ggyBak Budgeted Item Emergency Purchase other Uontract flumber. NOTE: Pricing proposal for purchase must be presented In the same detail contained within the contract. und Source for Purchase: 001-2419-559-49-17 Department Heal Purchasing Agent F Revised 02101/02 Page 591 of 960 metro, study A Compaq M 1 1R To: Andrew Mack City of Boynton Beach ("Client") 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33425 (561) 742-6366 macka@bbfl.us 11-1111311141 IRU11111 "'? � a, V M" i"71-K"Tc It is our understanding that the purpose of this study will be to assess the current and futu? T housing needs of the City of Boynton Beach, Florida. Our goal Is to provide you with mar�] based observations and conclusions that assist In your evaluation of these remaining lots. Included on the following pages Is a summary of the primary tasks to be undertakmen. research schedule, format, and budget are presented following the Methodology section. r1ri 75-7371= Provide a baseline demographic report for the City of Boynton Beach, Florida. This reporl- will include the zip codes of 33436, 33426, and 33435. Analyze population and household growth trends and projections for each of the Census Block Groups (the "Groupn) that lie within the city limits of Boynton Beach. * Analyze employment by industry within each of the three zip codes, and discuss their potential impact on housing demand. * Discuss the major employers In Palm Beach County and their potential Impact on demand. o Compare and contrast each Group's racial makeup, median age, income, education, household size, and housing stock characteristics with the city-wide baseline demographics. * Based on the City of Boynton Beach's desire to consider reinstatement of its Workforce Housing Ordinance, estimate the future demand for affordabWworkforce housing, based on the demographic trends for the City of Boynton Beach. Page 592 of 960 II. Housing Market Analysis • Detached and attached single family and condominium housing starts and closings activity within the City of Boynton Beach. • Detached and attached single family and condominium Vacant Developed LDt Activity and months -of -supply. • Under construction, finished vacant and model Inventory. Focus will be directed towards analyzing and discussing current finished vacant months -of -supply within the city. • Historic and current future lot inventory levels for detached and attached single family and condominium product. o Active and proposed rental activity within city limits. * Perform a price range analysis for new single family detached and attached closings and condominium closings In the City of Boynton Beach, dating back to 2010. * Quantify imle home activity within each Group. Determine the price trends for those resale units, and compare to the city-wide baseline sales and closings data. * Analyze deed record sales trends back to 2010 to determine price and sales activity over time for housing product Within the City of Boynton Beach. Analysis will fbcus on both new and resale activity and will be sorted by zip code. * Provide an analysis of housing characteristics of homes purchased by first time/modest income homebuyers sorted by zip code. Recommend product and housing type to provide new housing to this buyer profile. * Provide a projection of workforce housing demand fbr the City of Boynton Beach over the next five years. * Provide an affordability schedule based on housing prices and note the affordability gap, if any, with respect to income and housing prices. * Compare the median housing price, historical housing activity, product type and characteristics between the City of Boynton Beach and Palm Beach County. NMI 0 $0 4 flu-'alm- Kw 11" "OW 1411AW1,11"i'Wilift W - ':4 - rflujltc�*- !�19#1 "T *111 dMI to If iwlzi4 A ;71PHK'm t-�1*1111-1(zallsll a A product, we will be avallable to meef witri you aria ofner reiefant the telephone following completion and delivery of our report. RESEARCH BUDGET required upon acceptance or uns plus a maximum of $750.00 to cover additional third party data and travel expenses due upon delivery. Any requested additions or modifications are to be requested with 10 business days after submittal of the study. Page 593 of 960 L-on601TUFJCZM�7&♦ ILI oil 7ZTI�1 -& contingent upon any Mctor. other than providing the services outlined In this proposal. Thank you very much for allowing us to submit this proposal. If this letter accurately summarizes our discussion and your expectations regarding the scope of this study, please indicate your approval by signing below and retuming It via email. We will start laying the groundwork for the study Immediately upon receipt of this signed agreement and the retainer. + Analyze the project's competitive position in terms of price range, lot size and unit size. included Will be a scatter graph showing the price -square footage positioning of th-1 products in the key comparable projects. Prepare an absorption forecast fbr unit sales at the project based upon the potential market share of the project using one or more methods, as appropriate. Assumptions regarding national economic growth and mortgage rates upon which these forecasts are based will be described. RESEARCH SCHEDULE AND DELIVERY FORMAT Based on our current work schedule, we estimate that it will require approMmately 45 working days to complete and deliver the final study fiom signature of the proposal and receipt of retainer payment. The findings will be discussed with you verbally and presented In an electronic report (*pdf). If revisions are required, an edited final report will be delivered within approximately five days of our receipt of your suggested edits. fo facilitate communication and ensure the highest quality product� we will be available to meet _mv, -v vpiRkon and S -k delivery of our report. The fee for the study will be $19,500.00. A non-refundable retainer fee of $9,750.00 will Y! ba ance plus a maximum of $750-00 to cover additional third party data and travel expenses due upon delivery. Any requested additions or modifications are to be requested with 10 business days after submittal of the study. if the proposal is not accepted by 11/30/2016 Metrostudy reserves the right to reassess and contingent upon any factor other than providing the services oudined In this proposal. TnanK YOU very=j!- our discussion and your expectations regarding the scope of this study, please indicate your approval by signing below and returning it,.Ia email. We will start laying the groundwork for the study Immediately upon receipt of this signed agreement and the retainer. Page 594 of 960 I-. rr-41,- for Citv of Boynton Beacl This proposal sets forth our understanding of the terms and objectives of our engagement and the nature and limitations of the services we will provide. The client is responsible for -i=iff -ro- ;nWLc zrrf cxX=2T*-.w- Information that= s a �iaL might affect the ultimate realization of the projected results. There will usually be a difference between projected and actual results because events and circumstances frequendim cur as expected, and the differences may be material. Our report will contain a statement to that effect. We will not express any form of assurance on the achlevablilty of any pricing or absorption estimates or reasonableness of the underlying assumptions. We have no responsibility to update our report for events and. circumstances occurring after the date of our report. Payment of any and all of our fees and expenses is not in any way contingent upon any factor other than our providing services outlined in this letter. The use of this report is limited to the client and its development partners. All analysis contained In this report will be treated with strict confidentiality by Metrostudy. Respectfully Submitted, David Cobb Regional Director dcobb@metrostudy.com 239.220.7023 This document was delivered in an electronic format PROPOSAL ACCEPTED THIS DAY OF . ........... ___, 2016 Name: Andrew Mack Company: City of Boynton Beach Signature: Email: macka@bbfl.us Date: 10/06/2016 Retainer Fee: $9,750.00 Page 595 of 960 for CIV a&AtVrh-AVBe5Ch Metrestudy Is the leading advisor to Me homebuilding inaustry, COM13ining expert consulting expertise. Metrostudy Is recognized for its oDnsurdng expertise on development, marketing and economic issues, and is a key source of research studies evaluating the marketability of residential projects. Services are offered through an extensive network of offices strategically located in major metropolitan areas throughout the country. When you partner With Metrostudy, we guarantee that you will know your market at a very Al. Our research offers the most coftete, accurate, and useful information available, Including vital data and Indicators that cannot be purchased anywhere else. Our remairch. Metrostudy's consulting uses as its fioundation the country's largest database of primary housing market information, maintained by hundreds of dedicated field researchers and backed up by millions of dollars' worth of proprietary research. Our researchers drive the streets of every platted new home subdivision, Inspect every home site, and record primary data on housing 2ctivity every '1. Your market study will include the most complete and accurate information on undeveloped and vacant developed lots, housing starts and closings, product and T,.rldng. Our analysis. Metrostudy's experienced consulting team will help you plan and develop a project that Is da driven, and on -target for the market. Using our research, marketing, and sales expertise, we' deliver a highly personalized service with clear and relevant analysis using the best da available. We immerse ourselves in your specific marketplace, and we will customize our wo c We are here to hel.DCz*u understand how to minimize risk an] maximize profits for your projects, so you can make decisions with confidence. I Page 596 of 960 Mack, Andrew From: Matras, Hanna Sent: Monday, October 10, 2016 8-44 AM ® Mack Andrew ® FW: Housing Needs Assessment for Boynton Beach Hanna Matray Senior Planner Development, Planning OR Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 o: 561-742-6258 MatrasH@bbfi.us iwww.bgynton-laeach.or� 1 IN, 16"M dl From: Matt Kowta rmailto:mkowtaftael.com Sent: Thursday, October 06, 2016 4:52 PM To: Matras, Hanna Subject: RE: Housing Needs Assessment for Boynton Beach I hope this message finds you safe from the storm. I took a look at the 2006 study. For study of similar scope, our co would be $35,000 to $45,000. this would include costs for one site visit. Costs for additional visits would be pproximately $3,000. If you would like to discuss further, or if you would like me to prepare a formal proposal, plea et me know. 2= mm From: Matras, Hanna [mg�fl�to*.Mat�rasH �bbfi.us] Sent: Wed nesday, O ber 05, 2016 11: 11 AM To: mkowta@bael.com GE011b "-UnUII)x'JA Page 597 of 960 Thanks! Hanna Hanna Matras Senior Planner Development, Planning Et Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 334 o: 561-742-6258 MatrasH@bbi`Li!S- I www.boypton-beach.o Like us an F&Wbo ZMM= Please be advised that Florida has a broad public records law and a[[ correspondence to me via email may be subject to disclosure. Under Florida 0 records law, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosug Page 598 of 960 Affordable Housing Needs Assessment City of Boynton Beach, Florida -0 ' 8 1 0 'I I 1404-IM9114 44, K1 1 1 a ZT 1101 Brickell Ave, Suite S-206 Miami, FL 33131 305.779.7872 metropolitan.flu.edu Contact: D. Ned Murray, AICP Associate Director, ' ; 1. Page 599 of 960 Economic Development. and Housing Policy The Metropolitan Center employs a holistic approach to economic development that integrates Center also provides performance auditing ana process reuesign to roster L!;!%L-a11"L11J"AALK&t— based service delivery, These services are often bundled with customer service surveys to balance performance metrics. Economic and Demographic Resej�jk ............... The Metropolitan Center is a designated U.S. Census Information Center, which interprets, disseminates and analyzes demographic data. The Center turns data into action with a deep understanding of information sources and the ability to apply statistical findings. Spatial dimensions are included in our presentations with maps, charts and tables illustrating information and the importance of findings. This research presents policymakers with informed policy alternatives to improve organizational performance. Planning and Land U!e The Metropolitan Center provides technical assistance thr ' oughout Southeast Florida to local and county decision makers in a variety of land use issues including corridor plans, Evaluation and 41 nsive rowt nnnICIPM men me We provide services that leverage the best intelligence available to develop strategic plans that maximize benefits for the community. We also work with community redevelopment agencies (CRAs) in preparing "Finding of Necessity" studies and designing and implementing community redevelopment strategies. The Center conducts planning charrettes and visioning in conjunction with its planning efforts. Page 601 of 960 Scope of Services The Florida International University (FIU) Metropolitan Center, on behalf of the City of Boynton Beach, Florida, will prepare an "Affordable Housing Needs Assessment" to help City officials teterminewhat hirysing privrisi.-tns are necessai-f in *r -ter ti, meet V%e cyrrent an -f fxrgre neelfe _0 the City's resident and workforce populations. H Affordable Housing Needs Assessment Tasks of the City of Boynton Beach conducted at three levels of comparison - Citywide, CRA and Countywide, where applicable. The following summarizes the tasks and key data points: housing, and the associated costs. 'fre—Py - -ulfil"; following data points and analysis; 1. Housing Supply Analysis # Current trends d+ of the housing market V Housing inventory by type • Housing vacancies by type • Housing type by tenure • Existing single-family home values • Existing condominium values • Existing rental housing prices #y#-# !-! distribution • Rental housing availability • New housing production activity by type, price points and location • Building permit activity • Home foreclosure activity F14-riTs ill!AOROIZZ 4 1 M111r,14tallm Beach. The analysis will include the following data points: f. Housing Demand Analysis Population growth trends Family and household income Housing demand by household income category Housing demand by housing type and location Page 603 of 960 2. Economic Analysis Employment by industry and occupation Employment concentrations Salaries & wages Employment projections Worker commuter patterns I - I a a I # . U1 IN 01 ti !.CJ1PM4J'A1LV1- category Projected workforce/affordable housing demand Findings and conclusions Task #3: Identification of current and future trends in population, employment, income an:? housing that affect the affordability of the housing for the workforce in Boynton Beach, and skilled trade work professions. yL7 current relationship between housing demand and supply. The analysis will include a housing affordability analysis based on the current wages and salaries of the aforementioned occupation groups that reside in the City of Boynton Beach including the essential workforce consisting of nurses, teachers, law enforcement officers and fire services personnel. Page 604 of 960 Study Timetine & Cost Includes: Affordable Housing A. Housing Supply Analysis i Approximately Needs Assessment $30,000 B. Housing Demand Analysis 45-60 days C. Workforce Analysis Project Contact Dr. Ned Murray, AICP Associate Director FIU Metropolitan Center 6016ickell. Ave. Suit S-206 16 FURTMIRM 511 9 a MA w-- N- =1 J W.Twi Obw"wiva I= V F17MIT47 Miramar, Fl, 33027 (P) 954.438.8603 (F) 954.438.8606 $3010 Total'. 45-60 days Page 605 of 960 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD 170504 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/07/16 SHIP TO: TO: SMARTWATER CSI, LLC City of Boynton each 5101 NW 21ST AVE, STE 510 POLICE DEPARTMENT FORT LAUDERDALE, FL 33309 100 E. BON BCH. L. BOYNTON BEACH, FL 33435 EXTENDED LI NE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST pq 1.00 EA 335 POLICE SPONSORED INSTANT 5000.0000 5000.04 TRACER SOLUTION PROCUREMENT SERVICES: 1 P.O. TOTAL PURCHASING Page 606 of 960 0 t79 d� M ffs H krok� ��ryd V 0 yry V pi p�g a@ -y✓ y H 0 z N N PC try y0y p0 L' L H Hpy li qy �Wy 4 H da H y r ccs y 63 0 ea C5 C) 0 Ln 681 0 a 0 ? 0 6 0 0 d r� r H ro ti H N O ! ige 607 ! ! ED! C41 ow E-30 n 0 R to to (ri z t4 til R � i ! MOW ! 1 R, ! R } vi w D -A ! R !, 0 t79 d� M ffs H krok� ��ryd V 0 yry V pi p�g a@ -y✓ y H 0 z N N PC try y0y p0 L' L H Hpy li qy �Wy 4 H da H y r ccs y 63 0 ea C5 C) 0 Ln 681 0 a 0 ? 0 6 0 0 d r� r H ro ti H N O O w ige 607 ch of 960 Date: 3 -Nov -16 Requesting Department: POLICE lExplanation for Purchase: Recommended Vendor SMARTWATER CSI, LLC Contact Person: SARAH BYERS 'Source for Purchase - (check and attach backup materials): Three Written Quotations GSA State Contract PPI DEMESPECT L SNAPS Sole Source --j Piggy -Back Budgeted Item Emergency Purchase Other L --j Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. iFund Source for Purchase: i JAG GRANT ACCOUNT - 105-3444-521-52-59 71 Date Page 608 of 960 Byers, Sarah From: Smith, Jaclyn Sent: Wednesday, November 02, 2016 4:08 PM To: Byers, Sarah Subject: FW: Sole Source, W-9, and New Address Attachments: Sole Source Signed.PDF; W-9 SmartWater-signed.pdf Importance: High Hi Sarah, Officer Jaclyn E. Smith I Boynton Beach Police Department 561.742.6195 office 1561.891.0717 cell I From: Randy Butschillinger rma [Ito: ra ndl utschil I inger(C-Disma rtwatercsi.com] Sent: Wednesday, November 02, 2016 4:06 PM To: Smith, Jadyn Subject: Sole Source, W-9, and New Address Importance: High MMZM�� * SmartWater CSI, 5101 NW 21" Avenue, Suite 510, Fort Lauderdale, FL 33309 * W- 9 (Attachment) * Sole Source (Attachment) fo not hesitate to call. Take Care and Be Safe 1 Randy H. Butschillinger Military & Law Enforcement Veteran Office: (954) 320-7313 Mobile: (954) 541-6885 Rkalk"T S& W-Illill U, Page 613 of 960 SmartWater CSI LLC 1500 West Cypress Creek Road Suite 560 Fort Lauderdale FL 33309. USA I The information in the email is confidential and may be legally privileged I It is intended solely for the addressee I If you have received this message in error please delete it from your system I If you require any assistance please notify the sender I Access to this email by anyone else is unauthorized I If you are not the intended recipient any disclosure copying distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful I Any opinions expressed in this document are those of the author and do not necessarily reflect the opinions of SmartWater CSI LLC J They may be subject to change without notice I As internet communications are not secure SmartWater CSI LLC does not accept legal responsibility for the contents of this message or of any attachment nor responsibility for any change made to this message or to any attachment after it was sent by the original sender I This message and any attachment has been scanned for all known viruses but we advise you to carry out your own virus check before opening any attachment as SmartWater CSI LLC cannot accept liability for any damage sustained as a result of any software viruses I SmartWater, the SmartWater yellow, the atom logo and Thieves Beware are trade marks of SmartWater I SmartWater is a proprietary forensic asset marking System and Strategy protected by worldwide trade marks and patents I Page 614 of 960 E G 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to Z, I It I 173, �Z— v gal I j 1�1�11!11��flll i -v1 I I -1. 1 6N�W � � � I i; � � � , � I I � �� i lllnwl�: ,. I I ! 1! 1 1 1! 1 1 1 11 F I I I I I I I I I III , ff 11111111 I SIM Rml M-1 0 =I a -Ili 12 ,,mn C:XUsers\Stanzione'RAppDataEacal\MicrosoMWindowstTempormy Ifitemor FilesWoutent.M5k52FYTEOEkAccepLJAGLGmnL(2016)_7 —Reso.doc Page 615 me 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 46 46 47 48 49 50 51 52 53 54 55 56 n-lowl-IDS pff-Imuffflalp".. Aff Z. at] U&I = I R Mayor — Steven B. Grant - lr--- Vice Mayor — Mack Mcry Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner —Joe Casello Ls�.., = 17 VOTE C:\Usas\Stanion@MppData\L,Dcal\MicrosoftlWindows\TemparaTy Intemet Fitcs\Content.DM52FYTEOLIAcccpLJA(3LGrant-(2016)-.7 _Reso.doc Page 61611 =0 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170505 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/07/16 zmze�W TO: XYLEM WATER SOLUTIONS USA, INC 15132 PARK OF COMMERCE BLVD, STE 102 JUPITER, FL 33478 SHIP TO: City, of Boynton Beach EAST UTILITY ADMIN 124 E. WOOL13RIGHT ROAD BOYNTON BEACH, FL 3343-5 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1.00 EA KIT, REPAIR BASIC 3300.180 NI 6576.0000 6576.00 VENDOR ITEM NO.- 601 89 24 2 1.00 EA WASHER, STEEL— 21.0000 21.00 VENDOR ITEM. "96. ®A,91 al 3 1.00 EA STATQR,. 3S-28:: ­6A .09V:.] 5963. 0000 5963.00 VENDOR: ITEM': 4 1.00 EA TEAM* --b �448.0000 448.00 V 2ND QATE's"WO. 42.6 82 06 5 1.00EA �IMJ�tL'LER b MT CODE: 6,44 Cl i::. :5663 ;';0000 5663.00 VENDOR ITEM NO.- 434 62 .0.2: 6 4.00 EA`; SCREW.- DRIVE SIZE 4 5: . X"SS -000 2 .2 8.80 ITEM NO 8,?..:: r20 88 7 1.00 EA.:.' �GMT, CR. 41 6:0013.2.6L 0137.00 ]700:0 VENDOR ITEM NO 84. 44 18 8 1.00 EA9C. 'TOR LEA . KAGE'- :UNIT FLS 213 p GO 0 211.00 OITEM V8NDR VO.". gig 89 62 : m. 9 1.00 EA.:: :1�.-LIT E M '.0 125.00 1VENPOR ITEM NO. -:5.04 78 11 ... 10 1.00 EA A �LQCKING'.55XB5 �.'..:262 �-0000 262.00 TEM NO. - 84-::`59 .12 11 1.00 EA All �.STATIONAR-YSTEEL/ NBR:� 391.0000 391-00 V2�. =. " ITAH '.,NO. = 37.9' 71 00 12 1.00 EA MISC.::lT-EXS LARGE L. .8 71.0000 71.00 W. S. MATERIALS':-ld-SES:-, soLvit, VENDOR lTiW-..-W_ 14,69. 00 -:248; 13 1.00 EA ENV FEE 50HP 78.0000 78.00 VENDOR ITEM NO.- 14-69 00 21D 14 1.3.00 HR LABOR, SVC FLYGT 90.0000 1170.00 VENDOR ITEM NO.- 2.4-69 00 03A PROCUREMCES ENTSEW- jv�L "I -,,T- P.O.OTAL: ------------ VA� --------------------------- ----- ACCOUNT NO. PROJECT 401-2816-536.46-51 PURCHASING Page 617 of 960 PURCHONASE ORDER CITY OF BOYNTBEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 170505 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/07/16 fO: XYLEM WATER SOLUTIONS USA, INC 15132 PARK OF COMMERCE BLVD, STE 102 JUPITER, FL 33478 SHIP M. City of Boynton Beach EAST UTILITY ADMIN 124 E. •• B'` ROAD BOYNTON BEACH, FL 33435 EXTENDED LIN'E# QUANTITY UO M ITEM O. AND DESCRIPTION UNIT COST COST PROCUREMENT SERVICE& PURCHASING Page 618 of 960 s x Q,5 1� i� 4 H H H H H H H H M R x x a eY A. 1 4 I 1 1 1 1 1 ! 1 1 f I i 1 i 1 I I I 1 I � I 1 I 1 1 1 I 1 � I i � 1 1 1 1 1 1 1 I I M 1 1 1 1 I f] 01 1 1 I 1 �I 1 1 1 1 1 1 I 1 I I 1 I I r r H H F-` 1-' A -i 6J H H r F' i -B r I �5 b0 0 0 0 0 0 0 0 0 0 0 0 0 0 01 I I 1 1 I I 1 I 1 1 1 1 1 1 IsW 1 1 }I 1 Ul M 1 yJ Id ZO N kl F� a1 s1�1 o 1 ht 1 gooH M 6�1 -4 1 1-1 13 U, 3 w w p m I WIN .I 'm FA H1 H 61 I 1 Ea I I O 6 6 I 1 two I � I ° 09 H to H ! 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ED 0 Ck 0 0 z z Li H F, H W00 ul Ln m Q7 1P 1P W W ko IT, 0I 1 W w 0) W3 al (TI 00 C> Ch W H Li W I C) Cv 0 W 0 0 cl bi N Sb Go t2j Page 620 of 960 The City of Boynton Beach UfladaDiparomni 124F- WoulbrightRoad Phone (561) 742-6400 FAX. (561742-6298 QUOTATIONS ITEMS REQUESTED: Repair pump for Master Station # 317 VENDOR#2: DATE: CONTACT PERSON: PHONE NUMBER: QUOTE: VENDOR #3: DATE: CONTACT PERSON: ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND T* PURCHASING DEPT. Page 621 of 960 Date: 31 -Oct -16 ftalffl =11010[Walulul INV; BKOW01 Requesting Department: Utill tiesNVastewater Pui Contact Person: Jim Hart Explanation for Purchase: The 75hp pump at Master Station # 317 needs to be repaired. There have been many issues at Master 317 due to rags and towels clogging up the system and wearing down the pumps. Recommended Vendor xylem Water Solutions USA, Inc. Source for Purchase (check and attach ba Three Written Quotations GSA PRIDE/RESPECT State Contract Sole Source SNAPS Budgeted Item Piggy -Back Other Emergency Purchase Fund Source for Purchase: 401-2816-536-46-51 materials): GSA PRIDE/RESPECT Sole Source Budgeted Item Other L --j Page 622 of 960 REQUEST FOR REQUISITION REASON FOR PURCHASE: Repair of pump from Master Station #317. This station has been having issues or being full of ra s and towels. fu—n '] Dept Basic Elern ....... ........... VENDOR INFORMATION- DIVISION: Kit, repair basic 3300. 180 NI ; OTHER INFORMATION: Il nASAP Kamen x n Water Solutions, Inc, FLYGT ....... ....... Admin. ......................... .........._ ............. ..... Address: 17311 10 ' Str t onsli�uction ........ Date Needed: 11/7/2016 Confirm. �m ea�rl ..... . _ ..................._.__ .-P-1-.33404 _ 1�alara 1aau,lu, Fa Q 334f44 fust. e1, � SAP/Conf; .. ) _............................. ....................... ............... .......... _.............. ---- ._........................... Distribution ................... BACKUPBACKUPDOCS. DELIVERY: 5.9 ........ 63.00 SUBMITTED: ................. .._ ......... to one (contact): Clint Ruef'f _ .. .......... 'Fater Qual. ....... ( ) Quotes/Verbal I„ Admin. 4 ° � ..._q._._... incl 6....d...��i...........�......................................... r 11j 561-848-1200 Pumping ( ) Quotes/Written (x) Via.' `1? 41 5663"00 # _.............. .............. ................ .... ................ ......... lad{?r ��rrVbr: 3�i ��'r�it. ....................... alit i� '� ) W. TP 42 ) Screw, drive size.' 4 x 5 SS ............ Meter Sere. . _ � ) ......................... _ sole source Ltr. x PAJ 99) INITIATOR:� ....................... Sewage . _- ........... .......... .. Insurance Special lnstrucfions, _..... 137.00 19irrl4ts: lggy-back Project bei": Quari. Unit ... P ... r'ic"'e.... De�cjp Art Number .... .............................. .. ........................... fu—n '] Dept Basic Elern ....... .... Aprount 1 6576-00 Kit, repair basic 3300. 180 NI 6.00 ea _... �m ea�rl _ Washer, steel 21.00 .............__ . 596 O.................... 1. Stator,35-28-6A f .................. 5.9 ........ 63.00 a.............. ................. .... .4......_ .._ ..._q._._... incl 6....d...��i...........�......................................... 44.00 1 . 6 .00 � T Code Impeller,-......_ od ...644 f _. ........... 5663"00 ....................... 4 2.20 ea ................... Screw, drive size.' 4 x 5 SS 8.80 ............................. fX7.00 . .... Grommet,........4 60 )...26 _.................................. _..... 137.00 Page 623 of 960 21.1.00._ ...._ ea Detector,leakage it... FLS1.00 .........mm .................................._......................................_............. Cable imit 125 00.......... .....__ _ 262.00 ea Assembly, Locking 55x85 ..........Ring, 391.00 ea wear stationa 391.00ry .. 71 .00 ea items,... Mise materials,, '71.00. ��l t , etc ......-----1. ---------- .......... --------- ..��..,........ _........._ .. 0 f� . fee 501 78.0 ..... X0.00 '� ....... �.��'� '� � � 1170.003TOTAL 401 2816 4M Page 624 of 960 ZMEUM James Kart City of Boynton Beach 124 E. Woolbright Rd. Fly Products 15132 Park of Commerce Blvd. Suite 102 Jupiter, FL 33478 Tel: (561) 84&-1200 Fax: (561) 848-1299 flease be ..i -i:.... , I '117MMOEM74 - - - — - - ai... — is the only authorized vendor for Fly9t Products and OEM Parts- Xylem is algo the only authorized service repair and wauantY organization in the State of Florida; (East of the Apalachicola RivcT). Our staff is properly trained to provide you with original equipment, spare parts, repairs and warranty service. Thank you for your interest in Xylem Water Solutions USA Inc. Please feel free to contact me if you have any questions regarding distribution or any other matter. Brian Stengle Branch Manager, Jupiter, FL Page 625 of 960 Xylem Water Solutions USA, Inc. xylem Flygt Products Estimate #: R21- E-0294 Date: 10/26/2016 Tag #: 12221 JobName: LS 317 w" i svja fat i — Company Name: CITY OF BOYNTON BEACH Contact. JAMES HART Address PO BOX 310 Telephone: Telephone: Fax: IVIAM • . . • .. • a the reDair of vour Flycit purnP. prVAN, g-.AUQ�� Product Number: 33000915444 Serial Number: 3300.091-0130029 Model: 3300 Impeller Code. 0644 HIP: 75 Volts: 460 Phases: 3 i 9A l Wow Inspected By: Reggie Baker Motor Data: Wire Configuration: Ul: VI: WI: MM Megger to ground: R B 'N' Resistance through cable: RB RW Bi Stator Condition: Unusable Shaft Condition: Good Oil Condition: Unusable inspection Plugs'. I Impeller/ Propeller Condition: Poor Volute Condition: Good C Sensors: FLS CLS KLIX Bearing 0 Cable Cable Condition: Go Cable Length: I Flygt Products 15132 Park of Commerce Blvd. Sulte 102, Jupiter FL 33478 PH: (561) 848-1200 FX: (561) 848-1299 Page 626 of 960 Xylem Water Solutions USA, Inc. xylem Flygt Products Estimate #: R2016-WEP-02• Tag#: 12221 jobName: LS 317 3TM= Type: T Discharge Size: 0 MFV I A.- --1 '77 0.1 IMPELLER VANE WORN, TERMINAL BOARD BUSTED, STATOR HOUSING FULL OF MEDIA, SEALS DESTROYED, FLS DESTROYED. STATI 0 NARY WEAR RING WILL ACCOMPANY THE PUMP. -7� an Ar Fig ib 0 - j Parts: QPrtNo ty a escriion Dpt Sell Price Total Price 1 601 8924 KIT,REPAIR BASIC 3300.180 N1 $6,576.00 $6,576.00 3930300 SE ,STEEL $21.00 $21.00 3197438 STATOR, 3 5 - 2 8- 6A 460VD $5,963.00 $5,963.00 4268200 TERMINAL BOARD UNIT $448.00 $448,00 4346202 IMPELLER,C MT CODE 644 CI $5,663.00 $5,663-00 4 822088 SCE W,DRIVE SIZE 4 X 5 SS $2.20 $8.80 1 844418 GROMMET,CR 41t 600D 26L $137.00 $137.00 1 5188902 DETECTOR, LEAKAGE UNIT FLS $211.00 $211.00 1 5047811 CABLE UNIT $125.00 $125-00 1 845912 ASSEMRILY,LOCKING 55X85 $262-00 $262.00 1 37971 RI EAR STATIONARY STEEL/NBR $391-00 $391.00 .00 Total Price $19,805.80 Labor and other Charges: Sell Price Total Price Qty PartNo Description $71.00 $71-00 1 14-69 00 24B MISC ITE MS,LARGE PUMPS TP MATERIALS, LUB ES,SOLVENTS, ETC Flygt Products 15132 Park Of Commerce Blvd. Suite 102, Jupiter FL 33478 PH: (561) 846-1200 a *em brand Xylem FX: (561) 848-1299 Page 627 of 960 M11-1111 M Xylem Water Solutions USA, I Flygt Produl Estimate #: 201- EP- Date- 10/26/2016 Page 3 of 5 Tag #: 12221 jobName: LS 317 1 14-69 00 21 D ENV FEE >50HP TP ENVIRONMENTAL FEE $78.00 $78.00 NO TAX z4 -TP MODELS: $90.00 $1,170.00 ,13 14-69 00 03A LABOR,SVC FLYGT 3000,7000, 000 $1,319.00 Total Price 7.-- F. - Please note: if additional repair requirements are identified during service, the total cost of your repair may change. Should this occur, we will contact you for approval before proceeding. A signed Purchase order or approval below must be received before any repair work can begin. If repaired unit is not picked up or delivered within 5 days of completion, the repair will be invoiced. Taxes: The prices quoted above do not include any state, federal, or local sales tax or use taxes. Any such taxes as applicable must be added to the quoted prices. Validity: This Quote Is valid for ninety (90) days. Terms of Payment: Net 45 Days Warranty: Parts used for this repair carry a 12 month warranty. Please note: if additional repair requirements are Identified during service, the total cost of your repair may change. Should this occur, we will contact you for approval before proceeding. I i i� I'M F1Y9t Products 15132 Park of Commerce Blvd. Suite 102, Jupiter FL 33479 PH. (561) 848-1200 FX (561) 84&-1299 Page 628 of 960 —7 M Npio 6"t 0; i'k-01"- 6 Estimated Delivery'. Weeks Product Number: Cost of New Unit" %AR SS Description: 7.-- F. - Please note: if additional repair requirements are identified during service, the total cost of your repair may change. Should this occur, we will contact you for approval before proceeding. A signed Purchase order or approval below must be received before any repair work can begin. If repaired unit is not picked up or delivered within 5 days of completion, the repair will be invoiced. Taxes: The prices quoted above do not include any state, federal, or local sales tax or use taxes. Any such taxes as applicable must be added to the quoted prices. Validity: This Quote Is valid for ninety (90) days. Terms of Payment: Net 45 Days Warranty: Parts used for this repair carry a 12 month warranty. Please note: if additional repair requirements are Identified during service, the total cost of your repair may change. Should this occur, we will contact you for approval before proceeding. I i i� I'M F1Y9t Products 15132 Park of Commerce Blvd. Suite 102, Jupiter FL 33479 PH. (561) 848-1200 FX (561) 84&-1299 Page 628 of 960 F1y9t Products PTQ���- R Suite 102 Jupiter, FL 33478 Tel (661) 848-1200 Fax (561) 848-1299 Xylem Water Solutions USA Inc. is pleased to offer for the following equipment. Pump Quote Qty Part Number Description Unit Price Extended Price I 3300. 1- Flygt Model CP -3300.091 10" $49,744-55 $49,744.55 volute Submersible pump equipped with a 460 Volt / 3 pKase / 60 Hz 76 HP 1150 RPM motor, 644 impeller, I x 50 Ft. length of SUBCAB 1AWG/3-2-1- GC submersible cable, FLS leakage detector, volute is prepared for Flush Valve, Explosion of. DRILLED FOR ANSI Total Project Price $49,744.55 Incoteffn: 14 FOB@O - FOB Origin Named Placed: 02 - US WH/ Factory Incoterms 2010 clarify responsibility for costs, risks, & tasks associated With the shipment of goods to the named place. Terms & Conditions; This Quote will expire in ninety (90) days unless extended in writing by Xylem Water solutions Inc. Quote does not include state and local sales tax (if applicable). Not 45 days after date of invoice or 100% payable before start-up (if applicable), whichever comes first. Partial billing will be made an any partial shipment. in accordance with these terms will void all warranties. In the absence of a formally issued purchase order, a signed facsimile copy of this Quote Is acceptable as a binding contract. !dl;.U.9.-tjLg,-tfjt,#.��.tt,-tttv-it-timjhatmn-atse-iLiiee to vnu rev 11914111 N Customer Acceptance: A signea facsimile coA contract. Page I of 2 a xylem brand Page 629 of 960 PURCHASE !y.. R ■. BOYNTON BEACH, FLORIDA PROCUREMENTDEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD BOX 310 P BOYNTON BEACH, FLORIDA$3425-0310 DATE: SHIP TO: T: CHAMPION SOLUTIONS GROUPCity of BoyntonBeach 791 PARK OF COMMERCE L T BOCA TON, FL 33487 100 E BOYNTON BEACH BLVD BOYNTON BEACH, FL 33435 EXTENDED LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST W" 4t I H M ry'< C! Wy< Cl Omw oomto mo 0900 I ty H 000 �d 0051H 0 q Itj q X li Q H 0 Hm 6HEM tj 000pd coo MZ w M�4 N H H En to In t��3 w y m M M 4t Do 0 tj bd C) IHF-H eow �F-OHH I wn&q mopp�q W 0 WOM I yy LA ko I Fn CD cl cn, O coy -4 w 0 tj � wtv w 0 lwUS v F -I CD 113 W H til z til 0 1-3 tzj z w F' N rl 0 In Ul F -I H ON 0 0 z C) 0 u Z q 0, 0 M LYI M Z C) O0 :MH H H 1 0 H Ln Ul 1z W M (n 1 L -q -a a N 61Ch : OW W 6 : m m w 1 oll, 9 8 Di N H r) Pd 0 0 1d 0 tj pu �d to 0 4-1 rage n1mof 960 Date. 11/10/2016 ti J Requesting Department: I.T.S.. Contact Person: Marty Stevens Recommended Vendor Champion Solutions Group Dollar Amount of Purchase 11,353 Source for airchase (check and attach backup materials): Three Written Quotations GSA State Contract PRlDE/RESPECT r ------- I L --j SNAPS Sole Source L --j S L --j Piggy -Back r -----i Budgeted Item Emergency Purchase Other Contract Number: 43211500-WSCA-15-ACS NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract W -M Date Date Page 632 of 960 f I I m Page 633 of 960 Computer Equipment, Peripherals & Services / Alternate Contract Source / State Contract. .. Page I of 2 SkJD to Maaln _Contient 111��111111� 11111111111111 111111l 11111111111 �11111 �';;' 1 11 Florida Del2artment of Management Services > Business 029f��I�Ions > atgjLRIL�� > Vendor Information > State Contracts and AgEta-ments > Alternate -Contract Source > ,p __r Equipment, Peripherals & Services Computer Equipment, Peripherals & Services43211500-WSCA-15-AC'-R- Forms and Other Information tS Amendments and Memorandums Contract Documen Master Agreements Jerem W1111arns Contract Administration (850) 414-6740 Jemmy ,WVA ha 11-- msffldrns.myflor1da.com Commodity Codes UNSPSC-43211500, UNSPSC-43211600, UNSPSC-432119001 Description This alternate contract source (ACS) authorizes the use of the National Association of State Procurement Officials' Va luePoint Program (NASPO ValuePoint) Computer Equipment, Peripherals and Services contract, • This contract is available only for products not on state term contracts. • WSCA participating addendurns are entered on behalf of governmental entities in Florida for Ace, Apple, ByteSpeed, Clara, Cisco, Computer Technology Link, Dell, EMC, Firefly, Fujitsu, HP Inc., HP Enterprise, Hitachi, Howard, IBM, Lenovo, M&A Technology, Microsoft, Microtech, NetApp, Nimble, Panasonic, Pure Storage, Samsung, Tegile, Tintri, Transource, and Xiotech. PT?r8h�4 f 960 http://www.dms.myflorida.com/business�-operations/state—purchasing/vendor—informatioiV... 169 Contractors / Computer Equipment, Peripherals & Services / Alternate Contract Source / ... Pagel of3 :// s. ori .co usiness er tions/ ate c as' ven or info do ... Pfflg/060f 960 Florida Climate Recycled Utilizes Coverage Name CBE Code Friendly Products Preferred Resellers Products Poe Tech Partners IA - Non -No Minority I No Yes I I Statewide Apple IA - Non- I No J I No I No I Statewide Minority Itiara IA - Non- I NoNo I No IStatewide MinorityisaA - Non- Minority No I I ! No IYes ! Statewide I 11 I CIT IA - Non -I Minority No I No No Statewide Deis IA - Non- I NoINo Yes Statewide Minorityj E orrs IA - Non- No I No IYes (Statewide Minority I !II Fire IA - Non- i No I No I No Statewide Minority l �--� A - Non- Minority I NO I No IYes Statewide Hitachi I A - Non -No Minority I No I No Statewide Howard I A- Non -No Minority I No I No I Statewide HP Entergrise I A - Non- Minority I No I No Yes I Statewide I-iP Inc.I A - Non- I No I No Yes I Statewide I Minority IBM IA- Non -No I No I No I Statewide Minority Lenoo. I A - Non- Minority I No I No Yes I I Statewide Microsoft I A - Non- Minority No I No I Yes I I Statewide Microtech I A - Non- Minority No I No Yes I I Statewide 111 A- Non -No I No I No I Statewide Minority :// s. ori .co usiness er tions/ ate c as' ven or info do ... Pfflg/060f 960 Contractors - NetApp / Contractors / Computer Equipment, Peripherals & Services / Alter... Page I oN We to Main Content Department of Management Services Florida Department of Management Services > Business Q2eratiort > State Purchasing > Vendor Information > State Contracts and Agreements > Alternate Contract Source > LgMpujtLEgenic m9rL > ELontractors > Contractors - IVa pp TM 7*73 Z M M-1 Z Recycled Utilizes Coverage Products Authorized Area Resellers No No Statewide Please identify the person who will be responsible for administering the Contract on your behalf if award is made, and include an emergency contact phone number: 1161MIM1Z-Ifl- 1�8 • y:M ! 0 . 4 - .10 - I I - I Please provide the following information about where Customers should direct orders. You must provide a regular mailing address and email address. If equipped to receive purchase orders electronically, you may ff M- Paak/06of 960 http://www.dms.myflorida-com/businessLoperations/state Durchasing/vendor—infonnation/...' M Contractors - NetApp / Contractors / Computer Equipment, Peripherals & Services / Alter... Page 3 of 4 Toll Free Number: (888) 463-8277 Ordering Fax Number: (919) 476-5933 Internet Address: www.netapp.com Remit to Address: Net, Inc. Dept.33060,130 Box 39000, Attn: Accounts Receivable City, State, Zip: SAN FRANCISCO, CA 94139-3060 d Resellers - W MS E�cel Viewer http://Www.dms.myflorida.comlbusiness_operationslstate_purchasinglvendor—infortnationl ... PHA&Jel 960 L4` ,i Review: Page 638 of 960 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. Box 310 P.O. #: 170551 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 11/23/16 SHIP TO: TO: PAPICO CONSTRUCTION INC. City of Boynton each P.O. BOX 384 TENNIS CENTER PALM CITY, FL 34991 3111 S CONGRESS AVENUE BOY ON BEACH, FL 33426 EXTENDED LIN E# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST m I 0 I i L ILL, Page 640 of 960 00 0 0 0 Ln H fl H I i L ILL, Page 640 of 960 Date; 9/2912016 Requesting Department: Recreation ExplanaUon for Pumhase. & Recommended Vendor Paploo t,,-6 Contact Person-, Robert Willson -- -- --- - --- ------ ource for Purchase (check and attach backup m. aterilais)- Three Written Quotations GSA State Contract PRIDURESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase ED Other Contract Number NOTE Pd6a prqmal for purchase must be presented 0!0* same d9jpIl Ccxftjngd WMln the contm& — - ---- - ------ — Fund Source for Purchase-, :S Approvals. Department Head Purchasing Agent Asst City Manager City Manager Form Rev6wd OZ901M I Date FhADate Date Date I i Ix Y /-/e- Page 641 of 960 Tennis Center -City of Boynton Beach PROPOSAL Date: 11/15/16 3111 South Congress Ave. Attn: bert Wilson Boynton Beach, Boynton Beach, 1) Remove Nets, Tapes and nails and dispose the tapes and nails. 2) Scarify four courts as needed, clean courts of all excess dead material, surface algae, mold and other organic growth and discard. 3) Top dress the courts using two tons of Har Tru material per court. (8 ton total) 4) Incorporate and groom new material with a straight edge to level the surface. 5) Water and roll the courts. 6) Furnish and install Herringbone line tapes and aluminum nails to USTA regulations. 7) Scrape and repaint the existing net posts. Reinstall the existing Tennis nets and Center Straps. Note: During resurfacing please coordinate irrigation with our crew. Request for additional Har -Tru material will be quoted and approved prior to application, Owner Responsible for Providing Necessary Access with Water and Electric within 50' of the courts 12 Month Warranty on Workmanship and Materials e hereby propose to furnish & install labor We materialI completeand in accordance a specifications noted above, for the sum of: Eleven Thousand Five Hundred and 001100 dollars $ 11,500.00 Payment schedule: ce , 50% upon completion [ ] 100° upon completion [ ] as per contract specifications All material is guaranteed to be as specified. All work to be completed in workmanlike manner according to standard industry practices. Any charges to work scope or products resulting in additional costs will be executed only upon written agreement. All agreements are contingent upon the absence of weather delays, accidents, strikes and acts of Gad and nature beyond our control. All guarantees exclude any and all liability for acts of vandalism, negligence of others, abnormal usage, lads of maintenance, work done by others —not in our contract, or conditions beyond our control. No guarantee or warranty will be applied to unknown conditions including, but not limited to, imperfections in the sub -base, base rock and paving or concrete surras—when applicable. owner is responsible for providing access to site with water and electric available during work scope. owner to carry and maintain insurance coverage for fire, tornado, hurricane, and property losses during time of work scope. Authorized signature: 0" P"I liP Note: this proposal may be withdrawn I not accepted within 30 days Acceptance of Proposal — enterint into Contract., The above prices, specifications, and conditions are s= i with workS!i! Y' ! Payment will be made.coo W to/;+..1 ':-1 terms as outlined above. /5%1' charged top due accounts beyond 1 t.ys of due date.collection be made by tf or collection agency,3-d will be the p `" 4 of the p.rty ahF'ir f contract. P.O. Box 384 (3520 SVP Armellinit Ave, Bay E) Paha City, F% 34991 7 772-288-1844 e: papicosports@gmaii.com Page 642 of 960 DATE_ PURPOSE/J USTI FICATIO N/PROJ ECT: (4) Alkr- Pugg!e *`�� SECTION: re, --L XiOt e -0.4e sm M ITEMS: (if more than 4 items, attach company's order form which will be sent w/p.o.) M 9 PURCHASING $ 0-$500 no quotes required — use credit card if vendor accepts GUIDELINES: $ 501-$11999 3 VERBAL QUOTES (contact name & phone number required) $ 2,000 - $24,999 3 WRITTEN QUOTES (items over $10,000, must complete and attach the Requestfor Purchases over $10,OW form) $ 25,000 & Up FORMAL SEALED BIDS BY PURCHASING Purchase of a single item over $750 must be made using a capital account (60 series) r ---------- 1 PRICE QUOTES (check one): VERBAL: L — — — — — — — i WRITTEN: = (attach quotes) WaINITUENITIMTRYIN PHONE# 5jet— - 94m I REPRESENTATIVE 4 -AuJ -VrdiAa Check here for return of purchase order; return to -% I VENDOR N AM E: Q,4, ?"o er,!, a14 --Of epots, VENDOft # 7— (if vendor not in system, a completed W-9 must be attached) ADDRESS: A-M.431'VI' PHONE #: V SARecreation & Parks\Shvred Request Farffl.doc, Revised 5/1115 VQ 4, (b--, Page 643 of 960 Rizzo, Rosa n From: papico general mail <papicosports@gmail.com> Sent: Tuesday, November 15,2016 1:16 PM To: Rizzo, Rosalyn Subject: Re: Proposal for City of Boynton Beach Tennis Center Attachments: Boynton Beach Tennis Center.pdf Good afternoon Rosalyn, The date has been updated on the attachment. The price is still good. It was dated in September at time of request. Payment at Completion is fine. It's just a standard form proposal, always says the same thing. Can you advise the city's projected time frame? This is busy season and our schedule is pretty tight through January 2017. Thank you, Papico Construction Inc. mail to: P.O. Box 384 Palm City, FL 34991 3520 SW Armellini Ave, Bay E Palm City, FL 34490 0:772.288.1826 f. 772.288.1844 M0 , 0, - I I - Robert Willson at the Tennis Center got a proposal from you to resurface 4 Har -Tru courts. The proposal is dated 9/21/16 and Finance will not accept proposals that are more than 30 days old. What I need from you is an email on your stationary stating that the quoted price of $11,500 will still be honored. Also, I just noticed that you want 50% payment upon acceptance. The City's policy is normally 100% upon completion, but if you insist on the 50% up front, I will have to get permission from Finance. Please call me at the number below, or call Sherri Claude at 561-742-6224 if you have any questions. Thanks. Page 644 of 960 �Velch Tennis Courts, Inc. World's Largest Builder of Fast Dry Courts .CONS&i1edon, -Rewrfadng Wfing, - Acmr"ks Welch Tennis Courts, Inc. (hereinafter referred to as the "Contractoe) proposes to lumish the labor, materials, equipment, and services necessary to top dress the following: four (4) "Fast Drying" Tennis Courts at - Boynton Beach Racquet Center in Boynton Beach, Florida. In accordance with, and subject to, the terms, conditions and specifications set forth below, the construction work is referred to in this proposal as the "Project." 1. COURT TOP DRESS & TAPES: The Contractor shall top dress four (4) fast drying tennis courts, each court measuring approximately 60 feet by 120 feet. Courts 9/10 with Har -Tru and Courts 11/12 with Hydro. a. Scarify court surfaces as needed, clean courts of all excess dead material, surface algae, mold and other organic growth. b. Treat courts with algaecide to inhibit future organic growth. c. Add approximately two (2) tons of fast -dry material to each tennis court; this material shall be placed with a straight edge to provide a smooth and even surface. Courts shall be rolled twice after the placement of the fast dry material and once more after installation of the line tapes. The courts may reA• ditional rolling by the Owner to obtain a firmer playing surface. d. The existing line tapes and nails shall be removed and new line tapes shall be installed. If nails require remA val by hand (missing nail beads or nails do not pull out when line tape is removed) or new line tapes require pre -drilling each hole (determined if line tape nails bend during normal installation), a change order shall be issued for the additional work which shall be performed at a rate of $75 per man-hour. e. The existing net posts shall be R. "1 the existing nets shall be re -installed. f. The Owner shall be responsible for providing the contractor an onsite dumpster during the job. following contract price: $12,200.00 NOTE: The Contractor makes no guarantee implied or otherwise that the amounts of fast -dry material shA wn above will be sufficient to bring the courts to the recommended one (1) inch of total surface material or recommended slo-,re. Excessive settling or wear of the scarification the screening layer is encountered, scarification shall be suspended and application of clay shall proceed without any further scarification. A CCESSOR Y OPTIOM , ONlil-fMV, Uri �% OPTION 2: WTC PROFESSIONAL NET POSTS $525.00/SET (Initials) (Price is *,osts :!,P�MimeAstinq foundgim--If 1:11J post replacement and new foundation price: $ 1,800.00 per court) OPTION 3: POLY BENCH DELUXE, 5 FOOT $221.99 EA (Initials) Toll Free 1-800-282-4415 - Email: info@welchtennis.com - www.welchtennis.com Page 645 of 960 K —M -77"771M MID 7.77 -MMI 7,1419211111. " X t jL 117, =0 WTIIJ I combines lasting strength with super comfort. This tennis court bench is ergonomically designed with 12 slats for a more comfortable seating. Minimal assembly required. The benches are available in green or white.) 3. PAYMENT TERMS- A 50% down paympnt, which is due upon acceptance and signing of this proposal/contract, is required in order to schedule court resurfacing. A final 50% payment shall be due upon completion of the entire Project. NOTE: Payments offered by credit card will incur an additional 4% surcharge for each transaction. Payment of Contractor's invoices is due upon receipt of the invoice by Owner. Late charges, at the rate of 1 V2% per month (18% per annum maximum) shall begin to accrue on any unpaid invoice balance, beginning thirty (3 0) days after the invoice date. Any payments based on AIA schedom AIA payment due date. Welch Tennis Courts, Inc. reserves the right to sto7 work in the event of non-payment. 4. ESCALATION CLAUSE: If, for any reason, construction of the work contemplated by this agreement does not begin within sixty (60) days from the date this proposal is accepted or signed by the Owner, or if there is a significant price increase in the cost of materials, equipment or energy, through no fault of the %X I Jt'. lokslrol rwKoisx &* I impacted by such price increases or delays in commencement of the work, will be adjusted 1.. written change order modifying this proposal/contract. A price change shall be deemed to be 'significant" if the price of any material, equipment, or unit of energy increases by 5% or more between the date that this proposal/contract is accepted by the Owner and the date that the work under this contract is commenced. 5. WARRANTY: Welch Tennis Courts, Inc. shall warranty the completed Project to be free of significant iefects in workmanship and materials for a period of one (1) year. The warranty shall commence on the date J completion. but will not be enforceable. unlegs a=ent is made in the full amount of the executed contract- . ncluding change orders and late payment fees (if applicable). cannot be responsible for damage caused by normal construction operations (for example; damage to sod, landscaping, sprinkler lines, pavement access, etc.). The Owner shall notify, locate and mark for the Contractor, prior to construction, any water, sewer, electrical or other conduits, which are located at the court beneath the ground surf -ace or otherwise obstructed from view, and in the absence of such notice, the Contractor shall not be hold liable for any damages to conduits during the course of construction. The Owner shall provide an onsite dumpster for the Contractors use during construction. In the event the Owner is unable to or would like for the Contractor to provide the dumpster, the Contractor shall coordinate the delivery of a construction dumpster for the jobsite. The costs for the dumpster, including but not limited to pick-up, delivery, monthly/weekly fees, and dump charges, shall be the responsibility of the *wner. VA I C 113 1 I UJI assigns of either party. City afBqynt=Bwch4&Tapw 911512016 Page 646 of 960 Q IT 171 Fiot. Any action to enforce this contract or any action arising from this contract (which does not iDclude an 2cti7n to enforce a construction lien under Chapter 713 of the Florida Statutes) shall be brought only in a coUT1 a -f competent jurisdiction in Hillsborougb County, Florida. 1`11112`111=101=11 - . ire k0d M91 J'T# 1.MI 1-(iM0gel0TONR,Us ,P01! . -.14MV511 1111101 1631114111>. W rMIM T(3rUTM1e-effnYC agreelliew *evueen Ine "M W10 agreements, conditions, and terms discussed between the parties prior to acceptance and signing of this proposal/agreement by Owner are deemed to have merged into this agreement. This agreement may not be modified or amended, except in writing, which is signed by all parties to this agreement. If the Owner of the i ir+y %my-Lv iL,;%A% spouse shall be binding upon the other, and the signing owner/spouse shall be deemed to have been given the ,?ctual authority to bind upon Welch Tennis Courts, Inc. unless and until it is first counter -signed by an orized officer of Welch Tennis Courts, Inc. SALES REPRESENTATIVE Glenn Booth ACCEPTED BY: Total Contract Price (Including Options) _(OWNER) DATF... Type/Print Name & Title MAM M lKSIMM M z I kq I 61MMIJ 11.4 16,01 IM George Todd III --- Sr, Estimator Ci2yoffloyn10RBBKhart Drm&Tspes 9AR2036 Page 647 of 960 �1 � Attn: Robert Wilson City of Boynton Beach 3111 S Congress Ave is ,ynton Beacil, FL 33426 7011 Wilson Rd. West Palm Beach Fl. 33413 661-964-2001.,561-964-5009 www.sportsurfaces.com right time, offering the best quality for the lowest price. We are continually striving to be the most innovative, creative, service minded company in the tennis industry. of athletic court construction, resurfacing and maintenance. Sport Surfaces has installed top quality athletic courts right in your neighborhood and all over the world. Our Company has a long list of satisfied customers ranging from private clubs to large public athletic facilities. gLwantce to be -at any competitor's price. Just call and show us a lower bid and we will honor their price. Please let us know if you have any questions or comments. For more detailed information about our services and products, please visit our web page at www.sportsurfaces.com 9--d history guarantee you have made the right decision. MOV �4 M M Page 648 of 960 September 16,2016 CUSTOMER City of Boynton Beach Robert Wilson 3111 S Congress Ave [enact 7011 Wilson Rd. West Palm Beach Fl. 33413 661-964-2001661-964-5009 www.sportsurfaces.com Agreement made between Sports Surfaces LLC hereinafter callied the Contractor, and City of Boynton Beach, hereinafter called the Customer, for the resurfacing of the Har -Tru clay tennis courts with respect to the following to and specifications: The Contractor will remove a section of fence to gain access to the court surface. The Contractor will remove the existing net posts and nets and store on site. The Contractor will remove all existing line tapes and dispose of off-site. R rganic growth,_wi.L&v"r off -sl The Contractor will scarify the court surface as needed. I The Contractor will supply and install approximately 2 tons of standard Har -Tru on courts 9. The Contractor will supply and install approximately 2 tons of standard Har -Tru on courts 10. The Contractor will supply and install approximately 2 tons of HydroBlend Har -Tru on court 11. The Contractor will supply and install approximately 2 tons of HydroBlend Har -Tru on court 11. The Contractor will groorn in new material with a straight edge to level coum The Contractor will water courts to full depth and roll courts using a Brutus -Tandem Roller. The Contractor will once again, roll, brush and compact material as required. The Contractor will sand and paint net posts and re -install in the existing sleeves. The Contractor will install customer's nets leaving court ready for play. The Contractor shall thoroughly and expediently clean up all debris, trash, etc. uponjob completion. NNU!"I Inc WI I NqJ P. feed at job site within 100' for construction use. The owner shall be responsible for seeing that all landscaping grass, and shrubs outside the court perimeter be lower than the court surface to aid in proper drainage. kFAi'Ii: on field technician discover such rock base damage, repairs vill be made at an additional charge of $5.00 / sf of area repaired. Sports Surfaces LLC. Courts Inc. Re -mobilization fee: If production is halted when crews anive to work on the agreed upon date, or failure to receive progress payments, a $500 re -mobilization fee shall be charged to pay fbr crew down time, gas and expenses. Page 649 of 960 �U �U �U �U �U �U �U' "' I RR September 16,2016 City of Boynton Beach 3111 S Congress Ave Boynton Beach, FL 3341 RHK�� West Palm Beach Fl. 33413 661-964-2001, Fax:561-964-5009 www.sportsurfaces.com k90 - wo -.jW li'll 0 0@0 - All R" ma - mg . jw� -.".a W., MIAMI,. Nall MR Q'i N I -F!Wwm'rw-vi�Vi %0�!.4 III #W be worn on court Guarantee shall become void upon owner's failure to adhere and comply with the payment schedule. CREDIT: '? *e jal estate for the MIN MOC"fe"Wo KWI-Iff'-714-flL &J, gytw- mur�-7Weatas -r—tV; —of this agreement, then pit !he customer agrees to pay reasonable attorney fees. Interest of 1 V2% per month will be charged on accounts past due FEE: WE D1101111; tout U 0 01 )1 At -1011K OPTIONS: Alternate Addition — Please Initial to accept Option 1: The Contrktor will supply and install (4) pair of new net posts to exceed USTA specifications. New net posts are set in existing sleeves. Add $ 350.00 each pair Option H: The Contractor will supply and install (4) new Edward's 30LS Tennis Net Add $300.00 each net Option III: The Contractor will supply and install additional Har -Tru Clay surfacing material if needed to achieve the I" of surfacing material throughout the entire court area. Add $425 per ton Option III: The Contractor will inspect the existing underground hydro irrigation system to determine what repairs need to be made for $75 per hour. Once the problem has been identified, the Contractor will send an I M. Page 650 of 960 7011 Wilson Rd. � 4XI'lP Q . . . . . . . . . West Palm Beach Fl. 33413 uT 561-964-2001, Fax: 661-964-6009 www.sportsurfaces.com UPON COMPLETION OF YO UR NE W COUR T S URFA CE It is imperative that proper maintenance be performed following the re -surfacing of your new court. Special maintenance will be required for the first few weeks up to a few months depending on amount of surfacing inaterial r6j,-Oyel, weather-c*7.1ititins, c*je (Atve vs. Vebimi&f w7ter�tg Ty5teax) 9J+Xg V.itk 2A*uxt of maintenance courts receive. As the maturing process occurs the surface will become increasingly compact due to rolling/playing/brushing along with the gypsum binder washing away on above ground watering systems. Once again, the maturing process will occur at an individual rate and knowledgeable maintenance personnel will be able to ensure that players do not attempt to play on courts when the surface is soupy/sticky due to penetrating rains. Experienced personnel will also be able to determine the amount of top dressing needed in order to ensure that the equilibrium between "dead material" and top dressing is met. This top dressing will allow the players to achieve proper sliding during intense play. It is also imperative that maintenance personnel use good judgment I Of the new court surface may occur. Rolling courts when they are too wet can also cause ridges to form on court surface and even lines on courts can move and become crooka We cannot emphasize the fact that experienced maintenance personnel are the key to keeping a court looking and playing well. a dynamic process especially during the first few weeks following a resurfacing. Players are therefore, encouraged to restraint their movements around the court and repair divots, scuffs and tears on court surface during/after their court session. Page 651 of 960 6.S. CONSENTAGENDA 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on December 6, 2016. EXPLANATION OF REQUEST: The City Commission met on December 6, 2016 and minutes were prepared from the notes taken at the meeting. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Minutes REVIEWERS: Department City Clerk Reviewer Foyle, Judith Description 12-6-16 Action Approved Date 10/19/2016 - 6:06 PPA Page 652 of 960 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY DECEMBER 6, 2016, AT 6:30 P.M. IN COMMISSION CHAMBERS, AT CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Mayor Steven B. Grant Vice Mayor Mack McCray Joe Casello, Commissioner Justin Katz, Commissioner Christina Romelus, Commissioner OPENINGS A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk CANCELLED -- CLOSED -DOOR SESSION to be held on December 6, 2016 commencing at 5:30 pm in Commission Chambers at City Hall to discuss pending litigation in the case: GEORGE WADE, individually, Plaintiff, vs CITY OF BOYNTON BEACH, a Florida City, Defendant — Palm Beach County Circuit Court Case No. 2016CA004353XXXXMB Invocation Vice Mayor McCray gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Casello Commissioner Casello led the Pledge of Allegiance to the Flag. ROLL CALL City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested moving New Business Item 12. B. after Announcements as he had recommended a Kids Dreams' representative be available at 7 p.m. Page 653 of 960 Meeting Minutes City Commission Boynton Beach, Florida Motion December 6, 2016 Commissioner Katz moved to approve. Commissioner Casello seconded the motion. Commissioner Romelus requested moving New Business Item 12. D. Community Caring Center funding after Announcements as well. 2. Adoption Motion Vice Mayor McCray moved to approve the agenda as amended. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz attended a League of Cities meeting and had a good time at the Holiday Tree Lighting. He was impressed with what staff and the CRA accomplished. The attendance was awesome. Vice Mayor McCray thanked the City Manager for the new Commission chairs. He had met with Attorney Bonnie Miskel and her group; met with members of the Florida Textile recycling program; attended the Palm Beach County League of Cities Luncheon, hosted by the City of Boynton Beach; attended the Bethesda Hospital Legislative Luncheon; and an Ethics Connection program at Palm Beach State College. He distributed groceries to over 450 people over the holidays; served Thanksgiving Dinners with other ministers at Cherry Hill for about 150 people; attended a Meet the Candidates Forum at Village Royale on the Green. He requested Ms. LaVerriere and the Police Chief meet with Mr. Zonenstein and the President of Village Royale on the Green during the day so he and others could attend and discuss speeding traffic from Federal Highway to Seacrest Boulevard. He attended the Holiday Parade. He advised he was seated during the parade, and not in a parade vehicle. It was an awesome event. He thanked the City of Boynton Beach and staff for all they do as it does not go unnoticed. It was a great parade and next year it will be bigger and better. Mayor Grant thanked the City Commission for allowing him to travel to Taiwan. He presented the Commission with jade from the jade market. He noted Taiwan has been in the news recently due to the President Elect speaking with the President of Taiwan. He commented Taiwan is a democratic country with a woman president and is LGBT 2 Page 654 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 friendly. He also studied in China and noted China does not hold democratic elections and is not as friendly to the LGBT community. Taiwan appreciates having the U.S. as a trading partner and receives 100% of their wheat from the U.S. He met with different elected officials and the new Taipei City Mayor. He ascertained Taiwan was looking to have beneficial trade partners to help make the world a better place. He attended a Tzu Chi non-profit organization and watched a video of Taiwan assisting Haiti a week after Hurricane Matthew. He visited a Buddhist temple and was amazed at the high speed rail system. He attended the League of Cities event at Benvenuto's; lit his first Christmas Tree with Commissioner Katz and was in the Holiday Parade. He met with an individual who works with the Palm Beach County School Board on a program that helps 18 to 22 year olds that are still in high school transition to self-sufficiency and would provide information in the future. Earlier in the day he attended a County Commission meeting in support of requiring a Business Tax Receipt for landlords on the County level so the Tax Collector will know who to collect Tourist Development Tax from, because they do not know who leases their homes for over and under six months. Commissioner Romelus advised she returned from a five-day medical mission trip to Haiti. The trip was planned to assist the southern peninsula, but the group did not make the nine -hour trip there due to political unrest. They stayed right outside of Port -A - Prince. She thanked Chief Joseph and the Boynton Beach Fire Station as well as doctors, nurses and other elected officials who worked in a mobile clinic, changing locations each day, providing assistance to individuals, noting the clinic was their only access to health care. She thanked all who contributed to the Haiti Relief Fund. The funds were not disbursed because they were not used for the intended purpose in the south, and they will not be used until they can be sure it would be used for the southern area of Haiti. They are still collecting funds. Donations can be made at PBCHaitiRelief.org. She attended the swearing in of Mack Bernard and Dave Kerner from Palm Beach County and met with Bonnie Miskel and her group. She also met with Andre Park, Florida Textiles; attended the Bethesda Legislation Luncheon and the Legislative Preview hosted by the League of Women Voters. Boynton Beach hosted the Palm Beach County League of Cities luncheon at Benvenuto. She was looking forward to working in Boynton Beach and on upcoming events next year. Commissioner Casello met with Bonnie Miskel and her client and attended the Palm Beach County League of Cities Luncheon. He thanked Eleanor Krusell for the amazing center pieces for the League of Cities Luncheon. He was impressed with the holiday parade, noting there are many moving parts and he thanked staff and Wally Majors, Director, Recreation and Parks Director for ensuring all were where they needed to be. He attended the Coalition of West Boynton Residential Association, (COWBRA) and advised they are having development growing pains. He noted they were forming their own little cities with their own amenities and was concerned there will be no need for residents to go east of Military because they will be self-sufficient and he thought this warranted future consideration. He attended the Sober Home Task Force and 3 Page 655 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 distributed Sober Home Tip Cards for the residents. He requested anyone who suspects a sober home is in their neighborhood to call the number and the States Attorney's Office will follow up on it. Commissioner Casello also pointed out he left flyers in the back of the Chamber advising January 28th, in partnership with State Representative, Laurie Berman, is a Farm Share giveaway next to St. John Missionary Baptist Church. The Farmers' Coalition gives away a trailer of food. This was done a few years ago and it was successful. It will be in the community that needs it the most. He commented a lot of volunteers are needed, and he thanked the Explorers, firefighters, the Police and Fire Chiefs Katz and Joseph for their help in the past. Vice Mayor McCray praised staff writer, Alexandra Seltzer, of the Palm Beach Post, for her article on Boynton Police Officers going into schools to mentor young boys. He congratulated the Chief for their efforts and encouraged this type of outreach in the future. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce the Florida Department of Transportation informational meeting on January 10, 2017 at 6 pm to 8 pm in the Boynton Beach City Library located at 208 Seacrest Blvd. Rich Denis, Public Information Specialist with Infinite Source Communication Group will be present and offer a short presentation on the proposed improvements. Richard Denis, Media Consultant, was present with his team and FDOT representatives to detail a project stretching from 1-95 between the L-30 Canal to north of Gateway Boulevard and northbound 1-95, south of Boynton Beach Boulevard to north of Gateway Boulevard. Mr. Denis explained the construction project will affect the southbound 1-95 lane and will begin at the L-30 canal, just north of Lake Ida Road, travelling north of Gateway Boulevard. On the northbound 1-95 lane, construction starts south of Boynton Beach Boulevard and travels north to Gateway Boulevard. He explained the project corridor will have limited access travelling through Delray and Boynton Beach. There is a public information, informal presentation to discuss the project and answer questions on January 10th, 2017, at the Boynton Beach City Library from 6 p.m. to 8 p.m. The project was proposed for nighttime construction and they anticipated minimal impact to motorists during construction. A visual of the project and map showing the route of the work was viewed. Construction would start the spring of 2018 and would last for 18 months, ending in the fall of 2019 at a cost of $12.5 million. The improvements include repaving and restriping 1-95 including restriping the on and off ramps at Boynton Beach Boulevard, Gateway Boulevard and the off ramps at Woolbright Road. 0 Page 656 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 Vice Mayor McCray requested starting the work at 10 p.m. as opposed to 9 p.m. and learned they have a system to close the road without impacting to the public too much. B. The 45th Annual Boynton Beach CRA and the City of Delray Beach Holiday Boat Parade will be on Friday, December 9, 2016 and will start at 6:30 p.m. Mayor Grant read the item. C. The City of Boynton Beach has once again been named the 1st place winner (for large cities) in Palm Beach County for the 2016 Read for the Record campaign. City staff and residents read "The Bear Ate Your Sandwich" to over 2400 students in one day on October 27, 2016. We are delighted to announce this is the 4th year in a row we've won this honor! Mayor Grant read the item. Lori LaVerriere, City Manager, noted at the last meeting, a request was made to introduce Police Officer "Shrec" who replaced Officer Rita Swan as the new Crime Prevention Officer. Officer "Shrec" was present and commented she was excited to bring good things to the community. She met with the COPS program and Village Royale on the Green. Commissioner Casello asked if the Smart Water program was ongoing and learned it was and the department just got more kits. She will visit some of the local communities. Commissioner Casello invited her to return to District IV. (Heard out of order.) 12.B. Approve the request of Mayor Steven B. Grant to distribute $300 of his Community Support Funds to Kids Dreams, a non-profit organization John Levey, Kids Dreams, explained the organization is a 501(c)(3) charitable organization and 100% of donated funds go to the children. All the work is done by volunteers and others from the community who donate their time. Since 2012, Kids Dreams has donated over $4,000 to students from Boynton Beach High School at the Alan Lebow Award at the Kravis Center for Shakespearean Excellence. The students have an opportunity to work with professionals at the Center. They also donate money to title one schools in Boynton Beach, other communities for summer camp and other educational facilities and experiences. Recently a young lady from Boynton Beach High School had an interest in being a marine biologist, and through a $1,000 donation, she was able to travel to Bonaire to pursue her dream. On behalf of Kids Dreams, he thanked Boynton Beach and the Commission for their donation and assured all the funds would be used entirely on Boynton Beach youth and students. 5 Page 657 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 Motion Vice Mayor McCray moved to approve the donation. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Vice Mayor McCray asked if there was any money available from police forfeiture funds that could be used to assist the group. Chief Katz agreed to investigate. 12.D. Approve the request of Commissioner Casello to distribute $1,000 of the Community Support Funds to the Community Caring Center, a non-profit organization. (Heard out of order.) Michele Davis White, Senior Program Director of Veggie Mobile program, explained the Community Caring Center is a 501 (c)(3) corporation that has been in the community for 29 years. The Senior Veggie Mobile program started in December 2010 and has been growing since, affording seniors the opportunity to get out two or three times a month to mingle with other seniors. Ms. White noted when seniors are isolated or not living in a senior community or population, their health declines and depression and isolation can appear. Two of her male coworkers were present and Ms. White advised they transport seniors to events, because they cannot drive or do not have transportation. They deliver fresh fruit and vegetables twice a month. She invited the City Commission to accompany them on the Veggie Mobile and meet 170 seniors. They know the name of every senior including Vice Mayor McCray's mother. They recently had a fashion walk function and 12 senior ladies participated by helping fashion some of Brenda Williams designs. The event was a success. She advised without her co-workers transporting seniors, she could not operate the program, which is under the auspices of Sherry Johnson, Executive Director, Community Caring Center. She noted they planned a Holiday Celebration Senior Style at Intracoastal Park Clubhouse on Tuesday, December 20th at 11 a.m. All of their activities start at 11 a.m., and they are held at the First Presbyterian Church which assists with functions when there is a need. Ms. White praised her two coworkers and pointed out they handle seniors with kid gloves. Commissioner Casello thanked Ms. White and commented he loves the Community Caring Center. His wife volunteers there and he has observed the work they do in the community. He thanked Ms. White, her co-workers and Sherry Johnson. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. 0 Page 658 of 960 Meeting Minutes City Commission Boynton Beach, Florida Vote The motion unanimously passed. L. PUBLIC AUDIENCE December 6, 2016 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) Michael Bruntz, Leisureville resident, commented the senior resident population increases during the winter months and the elderly portion often has fairly poor eyesight. He commented 10 street lights were out on NW 8th Street between Woolbright Road and Boynton Beach Boulevard. There were also lights out on Boynton Beach Boulevard between Congress and 1-95. He questioned who repairs them and thought taxpayer dollars covered the cost. He suggested handicap parking enforcement volunteers monitor the lights out and report the pole numbers as it was an important safety issue. Mayor Grant provided the FPL phone number to make the report. Mr. Bruntz commented he would not stop on Boynton Beach Boulevard to get a pole number and thought there should be a program to address it. He would report an outage if the pole was in front of his home. He opined the City was paying per pole whether the light was on or off. Vice Mayor McCray commented the City Manager would review the matter and he agreed lights were out all the way from WalMart to Ocean Avenue on U.S.1. Suzanne Ross, Schoolhouse Children's Museum, advised in addition to regular programming, the Museum was offering S'mores Day on December 2"d. December Stn from 6 to 8 p.m. is the Polar Express Extravaganza and a Drop and Shop for members from 1 to 5 p.m. December 16th is Grinchmas. A gingerbread workshop will be held December 21St. Hanukah with Ms. Helen will be held December 22" , followed by Reindeer games on December 23. The Museum will be open half a day until 1 p.m. on Christmas Eve, closed on Christmas, and open on Monday, December 26th. Ms. Ross noted normally the museum is closed on Monday, but they will observe their version of Boxing Day. Winter Wonderland will take place on the 28th and on December 31St the year will end with their annual Happy Noon Year event for little ones, ringing in the New Year with a balloon drop and an apple juice toast at noon. She hoped all would attend. Dr. Piotr Blass, 113 W. Tara Lakes Drive, wished all a Happy Hanukah and Merry Christmas. He advised his ambition is to develop the University of Boynton Beach and 100 students from all over the world are studying with him. He noted the Old High School was not being used and the Mayor promised him a classroom. He wanted to remind all the high school would be preserved. He suggested and offered to coordinate designing a structure to encapsulate the high school and build a taller structure that would have more of an economic benefit. He thought the area should be an asset and 7 Page 659 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 not a liability. He suggested a public/private partnership be used as there is no other way to get the money to get it done. Rev. Bernard Wright, 713 NW 7th Street, thanked the City Manager and Vice Mayor McCray for handling a matter at Sara Sims Park. He commented there were issues with lighting and outages on MILK Jr. Boulevard, which is Robert E. Wells Memorial Avenue. He inquired who he should speak to about it. Vice Mayor McCray explained he represents District II and he would work on it. No one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 3 Regs and 2 Alts Mayor Grant moved to nominate Susan Oyer from an alternate position to a regular member. Vice Mayor McCray seconded the motion. Ms. Romelus inquired if Ms. Oyer would be serving on two boards and learned she would. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Buildinq Board of Adjustments & Appeals: 4 Reqs and 2 Alts - None. Education and Youth Advisory Bd: 4 Reqs 2 Alts, 2 Stu and 1 Stu N/V Vice Mayor McCray tabled his appointment because Mr. Murphy, who was appointed as an alternate, requested he serve as a regular member as he is an educator in Palm Beach County. He tabled his appointment until he resubmitted his application. Motion Commissioner Romelus moved to nominate Peggy LaGuerre as a regular member of the Education and Youth Advisory Board. Vice Mayor McCray seconded the motion. Page 660 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 Vote The motion unanimously passed. Motion Commissioner Casello moved Carla Colebrooks be reappointed. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. Mayor Grant moved to nominate Lisa Browne Banic to the Education and Youth Advisory Board. Commissioner Romelus noted her first preference was the Recreation and Youth Advisory Board. City Clerk Pyle confirmed the preference. Motion Mayor Grant moved to nominated Carole Lundquist as a regular. Vice Mayor McCray seconded the motion. Lvr.lm The motion unanimously passed. Mayor Grant moved to nominate Anthony Altieri as an alternate. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed.. Vice Mayor McCray requested indicating which Board people preferred when they apply to more than one Board. City Clerk Pyle explained they have done that before and it gets confusing when there are a lot of appointees. Additionally, it is not on the application. It was done with Ms. Banic because she contacted the office and spoke with members of the Commission. Usually a choice is not given. Vice Mayor McCray thought adding parenthesis behind the name their preference would be helpful. There was agreement to indicate what Board was preferred. Motion Commissioner Katz moved to nominate Robert Whedon as the second alternate on the Education and Youth Advisory Board. Vice Mayor McCray seconded the motion. E Page 661 of 960 Meeting Minutes City Commission Boynton Beach, Florida Vote The motion unanimously passed. Motion December 6, 2016 Vice Mayor McCray moved to nominate Dariana Rodriguez. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Historic Resources Preservation Bd: 1 Alt Motion Mayor Grant moved to nominate Jesse Feldman as an alternate on the Historic Resource Preservation Board. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed.. Library Bd: 3 Reqs and 2 Alts - None. Planning and Development Bd: 4 Reqs and 2 Alts Motion Mayor Grant moved to nominate Floyd Zonenstein as a regular member. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner Katz moved to nominate James Brake, a current alternate, to a regular position. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. `M Page 662 of 960 Meeting Minutes City Commission Boynton Beach, Florida Motion December 6, 2016 Vice Mayor McCray moved to nominate Andrew Podray as a regular member. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Motion Commissioner Romelus moved to nominate Trevor Rosecrans as a regular member. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. Motion Commissioner Casello moved to nominate Nick Skarecki as an alternate. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. Motion Mayor Grant moved to nominate Steve Palermo as an alternate. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. Recreation & Parks Bd: 3 Regs and 2 Alts Motion Commissioner Romelus moved to nominate Lisa Browne Banic. Vice Mayor McCray seconded the motion. 11 Page 663 of 960 Meeting Minutes City Commission Boynton Beach, Florida Vote The motion unanimously passed. Motion December 6, 2016 Commissioner Casello moved to nominate Charles Kanter as a regular member. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. Motion Mayor Grant moved to nominate Christina Johnson as a regular member. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Motion Vice Mayor McCray moved to nominate Julie Mondello as an alternate. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Senior Advisory Bd: 5 Regs and 2 Alts Motion Mayor Grant moved to nominate Marsha Bionta. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 12 Page 664 of 960 Meeting Minutes City Commission Boynton Beach, Florida Motion December 6, 2016 Commissioner Katz moved to nominate Janet Harris, as a regular member. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. C. Commissioner Katz has requested to discuss moving the December 20, 2016 Commission Meeting to Monday, December 19, 2016. Commissioner Katz explained he had requested moving the meeting up one day. He had midterms and there are a few big items on the agenda he did not want to miss such as the evaluation of the City Manager. He thought it would be detrimental to miss some of those votes and he thought moving the meeting one day further from the holiday would benefit all. Ms. LaVerriere had explained to Commissioner Katz earlier that some items would have to be advertised and it would cost $600 to re -advertise one ordinance. Commissioner Katz pledged, if approved, he would fight to save much more than the $600 during his time on the Board and there would be a return on the investment. Motion Commissioner Katz moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. D. The Mayor has received a request from Palm Beach County for the City to appoint an Ambassador for Palm Beach County My Brother's Keeper (MBK) Initiative. Mayor Grant commented he received a request from James Green, organizer of the My Brother's Keeper initiative. He requested the Commission appoint an ambassador. Mayor Grant had planned to attend the My Brother's Keeper event, but due to Hurricane Matthew it was cancelled. The next event is in February. He asked if anyone wanted to take the lead on it or if he should continue. Motion Vice Mayor McCray moved Mayor Grant continue. Commissioner Casello seconded the motion. 13 Page 665 of 960 Meeting Minutes City Commission Boynton Beach, Florida Vote The motion unanimously passed.. 6. CONSENT AGENDA December 6, 2016 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. Motion Commissioner Katz moved to approve the Consent Agenda. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. A. PROPOSED RESOLUTION NO. R16-159 - Authorize the City Manager to sign the grant application with the Assistance to Firefighters Grant (AFG) General Program (Part A) FY 2017 on behalf of the City of Boynton Beach. B. PROPOSED RESOLUTION NO. R16-160 - Authorize the City Manager to sign a video remote interpreting agreement with Stratus Video LLC., for a period of two years, with one year automatic renewals. C. PROPOSED RESOLUTION NO. R16-161 - Approve a Landscape Maintenance Memorandum of Agreement with the Florida Department of Transportation for the maintenance of certain landscape improvement constructed as part of the Ocean 500 project at the southwest corner of Federal Highway and Ocean Avenue. D. Approve the Bid for "ANNUAL SUPPLY OF MISCELLANEOUS UNIFORMS TO INCLUDE EMBROIDERY AND SILK SCREENING" Bid # 005-1412-17/MFD to the following two (2) companies: Global Trading and G & K Services on a primary and secondary vendor basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual amount of $35,000. E. Approve the cost of painting the exterior of Fire Station #2 in the amount of $29,285 to Hartzell Construction of Pompano Beach, FL, utilizing the City of Miami Beach's contract ITB 2014 -191 -SW. The City of Miami Beach's procurement process satisfies the City's competitive bid requirements. 14 Page 666 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 F. Approve utilization of the City of Tamarac Two Year Agreement R-2016-99 (Bid No. 16-25B) for "Lime Sludge Removal, Hauling and Disposal" with WestWind Contracting, Inc. of Pembroke Park, FL and authorize an annual "not to exceed" amount of $95,000 for the removal of lime sludge from the East Water Treatment Plant. The City of Tamarac procurement process satisfies the City's competitive bid requirements. G. Approve the minutes from the Regular City Commission meeting held on November 15, 2016. H. Approve award of the bid for "Printing and Mailing Services", Bid No. 077- 1210-16/JMA to PRIDE Enterprises of Brandon, FL for the printing and mailing of the City of Boynton Beach 2017 Calendar and FY16 Annual Report. Estimated costs of printing and mailing services is $25,850, estimated costs of postage is $8,400. 7. BIDS AND PURCHASES OVER $100,000 - None 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 16-018 - SECOND READING - PUBLIC HEARING - Approve amendments to the Comprehensive Plan Coastal Management Element addressing new statutory, requirements pertaining to prevention/mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and updating the remaining objectives and policies to account for completions and changes in the City's programs. Attorney Cherof read proposed Ordinance No. 16-018 by title only on Second Reading. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Mayor Grant opened public comment. No one coming forward, public comment was closed. Mayor Grant was glad the trolley system was in place and commented the City and CRA will work to reinstate trolley trips to Ocean Park. 15 Page 667 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 He noted under Objections, Recommendations and Comments, the redevelopment component that outlines the principals that must be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. He asked if the City would use the minimum level of safety required by the Statute and if the City could go above the standard. Mayor Grant explained he believes in climate change and how sea rise in the next 20 years would affect redevelopment of that area Colin Groff, Assistant City Manager, explained the Comprehensive Plan uses the minimum standards and FEMA sets all the storm surge and water elevations which the City uses . The City is taking into account the predictions of sea level rise in its designs and standards, but did not want to include it in the Comprehensive Plan because then the City is held to it. He noted next year pending projects will address issues such as sea level rise and since FEMA set the standards, they cannot go higher than is used in the model. Vote City Clerk Pyle called roll. The vote was 5-0. B. PROPOSED ORDINANCE NO. 16-021 - SECOND READING - PUBLIC HEARING - Approve the fifth extension of the suspension of the application and enforcement of the Workforce Housing Program for a period of one year. Attorney Cherof read Proposed Ordinance No. 16-021 by title only on Second Reading. Motion Commissioner Katz moved to approve. Vice Mayor McCray seconded the motion. Mayor Grant opened public comments. No one coming forward, public comments was closed. Mayor Grant advised he was told the City has never used its Workforce Housing Ordinance and it sends a message the City does not care about low and moderate income residents. He explained Palm Beach County has a $60,000 median income and a Workforce Housing Ordinance would mean a developer would have to accommodate to that level of income. He noted the Heart of Boynton has a median income of $22,000. A Workforce Housing Ordinance was an opportunity for people earning $30,000 to $50,000 to move to a better place and move on in their lives. The Ordinance was enacted in 2007 and he asked if the City is worried about developers making more money or assisting City residents. Commissioner Katz understood the Ordinance was passed in the wake of the housing boom just before it collapsed and the Ordinance was suspended because home prices were no longer prohibitive. At the last meeting, there was discussion the statistics were 16 Page 668 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 based on pre -housing bust conditions and staff was looking to hire a consultant to conduct a new study to see how great the scope of a workforce housing program would be. He thought the policy should be based on 2016 conditions. Mayor Grant understood the current Ordinance was antiquated, but it still required developers constructing residential rentals to provide a percentage of rentals as affordable. He thought the affordable units would be the first to be rented and did not favor an extension. He noted rental prices have increased since 2006 and Las Ventanas increases every year. Commissioner Casello thought it could be greater or less than 10% and wanted to study the issue. Mayor Grant wanted, instead of a full moratorium, issuing a Notice of Intent to let all developers know they would be subject to future workforce housing. Attorney Cherof clarified if the Board does not pass this Ordinance, the Board could ask for it to be amended and it would return to the next City Commission meeting with modified criteria for workforce housing. When the Ordinance passes, it would apply from that point forward. Any new project would be bound by the new requirements. Commissioner Casello understood the City was making a commitment by having a study. Mayor Grant disagreed noting that any new project between now and then would not have to include workforce housing. Commissioner Katz wanted to wait until accurate statistics were received. He noted this item crosses political views whether government should be implementing this and the objective factual views of what is necessary and statistically justifiable. He felt moving forward with old statistics would only be done because of personal views of workforce housing and not the statistical necessity or quantity. The City may realize some developments may need 15% or 20% of workforce housing. He thought the discussion was lacking facts justifying this policy. Mayor Grant noted average rents increase about 5% and increased every year since 2012. Commissioner Romelus acknowledged workforce housing is needed and Mayor Grant was discussing one part to impose a percentage of a project be workforce housing. She thought it could also be a fee imposed on the developer in order for the City to set aside funds for the City to take charge of creating workforce housing in the future. She agreed the City does not know what the necessity is, but commented if the City does not determine what the City wants; a developer would take what they want without asking for approval. If the City does not define its criteria, the City would be creating a gentrification effect. She agreed a study was needed, but she believed the City could do so in less than a year. Vice Mayor McCray commented it is a study and in discussion with the City Manager, it would likely be done within six months. He favored a complete study. Linda Cross, 625 Casa Loma Boulevard, Unit 601, as Chair of the CRA Advisory Board, explained workforce housing is important in the CRA District. As long as the 17 Page 669 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 moratorium is in place, they will not have the workforce housing they need. She commented a study could be done concurrent with permitting the Ordinance to take effect. If the Ordinance specifies 10%, she could guarantee there is no minimum number below 10% they will come up with in a study and thought 10% or 15% will be needed. As a community in the CRA District, there is no reason not to enforce a 10% workforce housing commitment from developers. Bryan Fitzpatrick, 409 NE 1St Street. wanted to see the City create the Boynton Beach Housing Authority, and indicated some cities are wildly successful with housing. He thought by not having a housing authority, the City was losing out on millions of dollars every year and by instituting such an authority, the City Commission can take the lead to build its own workforce having rules in place for developers. Piotr Blass, 113 Tara Lakes Drive, agreed with Commissioner Romelus and Mayor Grant about keeping 10% or 15% workforce housing. As to the idea of having a housing authority, he proposed it be a public-private partnership. He commented the Mayor was correct and the issue should not be postponed another five months. The City should at least require 10% or 15%. Vice Mayor McCray explained in regard to the CRA, he was fairly certain that any project that came before the CRA for funding included a percentage of workforce housing. Keturah Joseph, Boynton Beach Faith Based Community Development Corporation supported the proposals made by Mayor Grant and Commissioner Romelus. Palm Beach County, in general, has a Workforce Housing Ordinance, as do many cities. She commented gentrification would occur in this community, if the City did not pass the Workforce Housing Ordinance. Palm Beach County has a Workforce Housing Ordinance. Ms. Joseph explained she handles affordable housing and they are having a hard time finding affordable housing for the people they are trying to serve. She commented the Ordinance is needed. Bradley Miller, Miller Land Planning, 508 E. Boynton Beach Boulevard, was present as a land planner who dealt with the workforce housing issue and commented it is something that is needed. From a big developer's perspective, it is something that makes the economy tick. He pointed out an important issue for a developer is predictability. He hears varying percentages of what is needed and the data is old, which creates an uncomfortable situation. He encouraged the City Commission to follow the staff recommendation. Staff is buried in projects and this is an important issue. The data is needed and he suggested following staff's recommendation. No one else coming forward public comment was closed. Andrew Mack, Development Director, explained, in the current format, rental projects, contingent on the zoning district, would be 10%. Mayor Grant asked if 500 Ocean has W Page 670 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 workforce housing, and learned they were exempt because the Ordinance was suspended. If they were not exempt, they would have 34 units, or 10% of the total unit count. Seventy five percent is moderate and the other 25% is low income. The City already contracted with the metro study and the update to the 2006 housing study is in progress. They expect a first draft by the end of December. The constraint was the current staff workload. An alternative was to hire another consultant to draft an ordinance for $20K to $30K. Mr. Mack thought the earliest a study would be ready was six months. The City Commission still have a lot of meetings and it has to be brought back to stakeholders to ensure it has a benefit to the community and not deter development in the City. To Mr. Mack's understanding, the Workforce House has not been used in the last 10 years because they never had a project come through that was required to have that provision. Mayor Grant noted the City could request the CRA require workforce housing and give only 1% or 2%. Mr. Mack explained, if not suspended, on or after December 15tH anyone that comes in and meets the requirements of workforce housing would be subject to it. Commissioner Katz supports workforce housing and thought this is a serious change to development coming out of the ground. He thought enacting it blindly was reckless. There is a lot occurring downtown and the City Commission has not discussed workforce housing. He noted the Consolidated Plan did not discuss workforce housing nor was it discussed at the Town Square meeting. There was a lack of information and the one-year period was only a guarantee the Ordinance would be addressed, but it was likely it would be done sooner and the City Commission could revisit it sooner. Vice Mayor McCray favored the work force housing and the one-year suspension time for staff to conduct a thorough study before they make a vote. Mayor Grant commented a moratorium was put in place last year for a year, but with what has been stated regarding the current Workforce Housing Ordinance, a minimum of 10% was reasonable. He opposed the proposed Ordinance Commissioner Romelus understood ambiguity may be created by the Ordinance and explained at the last meeting, she moved to have the Ordinance moved up to six months. It would cost $20K to $30K and the City Manager advised they were able to find the funds to retain a consulting group to help staff expedite the matter. She thought if they have alternatives, the means to conduct a study and allow enough time to receive adequate information to have an ordinance that makes sense, it would be a fair request to make of the Commission. She commented if a member stands for workforce housing, than a motion should be made to have the ordinance reconsidered in six months instead of the one-year extension. 19 Page 671 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 Commissioner Katz commented the City has the ability to bring it back sooner. Vice Mayor McCray agreed, as did Commissioner Casello. He wanted current figures and acknowledged the information may be received sooner. Mayor Grant requested consensus to spend the extra money to do a study. Mr. Mack explained if they spend the money and hire a consultant they have the potential to get it done in about six months. Vice Mayor McCray noted the City already contracts out a lot of work. He thought staff should be hired. The City has been paying for study after study. Commissioner Casello favored spending the money to hire a third party consultant to do the study as soon as possible. Mayor Grant did not think there was more workforce housing from 2006 than in 2016 and thought there would be less. Vote City Clerk Pyle called the roll. The motion passed 3-2, (Mayor Grant and Commissioner Romelus dissenting.) 10. CITY MANAGER'S REPORT -None 11. UNFINISHED BUSINESS — None 12. NEW BUSINESS A. Commissioner Casello has requested to discuss the possibility of a referendum for the March 2017 election changing the provision for a candidate to be elected from 50% plus one rule. Commissioner Katz added topics of ranked choice voting and term limit language. (Tabled to December 6, 2016) Motion Vice Mayor McCray moved to remove from the table. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Commissioner Caseilo explained this item would have no effect on this City Commission, but when he was first elected, the rule was the candidate had to have 35% plus one to win a multiple candidate election before a run-off was needed. The rules changed after the election and now the rule is 50% plus one. He was raising the issue because of cost. He commented the City Clerk indicated a runoff election is between $30K and $50K. For a mayoral race, it is up to $70K. He noted sometimes there is a NEI Page 672 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 third candidate who files and does nothing else in a two man race, which reduces votes and causes a run-off. He named those candidates "fringe" candidates. He thought the candidate that works the hardest would win regardless. He wanted the matter considered as it can eliminate the possibility of special elections and pointed out the turnouts for runoffs is lower than the original turnout. Vice Mayor McCray suggested looking at what the Charter mandated. David Katz, 67 Midwood Lane, explained this issue was voted on and 74% of the voters approved of the 50% plus one. He commented it appeared hypocritical to pay a consultant $30k to study the Workforce Housing Ordinance, when the Commission does not want to spend $75K for a park in the Meadows, and they do not want to spend money to protect 65% of the voters who may vote against the candidate that gets the 35% plus one. He commented the money is there for what they want to spend it on. He commented the people voted and the City would waste money putting it up for a vote in March for a City-wide vote when two election districts are up. He commented if the Board wanted to proceed, which he did not think they should, they should wait for a City-wide election in 2019. He noted the public does not vote much in run-off (elections). He thought the City may be able to extend the two week run-off to four weeks so the candidates and the City could get a better message out and run a better campaign to get more people out to vote. Mr. Katz agreed that would be an improvement and a compromise. He did not think the City should abridge the voters' right to come back and vote again. Piotr Blass, 113 Tara Lakes Drive, explained he is the national representative of the fringe candidates. He noted the independent candidates decided the last election and explained everyone on the Commission won their elections fair and square. He also commented sometimes the message of a fringe candidate is important. Buck Buchanan, 807 Ocean Inlet Drive, explained the people have spoken loudly and clearly about this issue. Mr. Katz provided statistics, and the voters understood when it went to 50% plus one, it involved money for runoffs and people wanted to do that because they wanted to have the representative they wanted. The last time there was a mayoral contest under the old rules, and in 2010, the mayor got in with 20 votes over the 35%. He noted that Mayor was also removed from office and charged criminally. He explained the people want the final say and know it costs money. He commented it was not something that should be addressed again. Woodrow Hay, 427 NE 5t" Avenue, echoed he supported 50% plus one. The 35% plus one did not turn out well and he hoped the City Commission would listen to the voice of the people. Sixty five percent did not want the 35% plus one. He did not favor returning to what the people already stated. He thought the Commission should listen to what the public already said. No one else coming forward, public comment was closed. 21 Page 673 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 Commissioner Katz noted Commissioner Casello had indicated there was a cost increase and turnout decreased. He noted some voting methods used in the U.S. and throughout the world allows them to avoid the decrease in voter turnout, has no extra cost and maintains the 50% plus one threshold which is instant runoff voting (IRV) a/k/a Rank Choice Voting. A brief video was viewed which explained the concept. Many people vote for candidates that come in third or fourth place and then are eliminated from the race. In a run off, the candidate with the lowest number of votes is thrown out. Commissioner Katz explained with IVR, voters vote for whom they want on the run-off on the same ballot. It saves the extra cost and it maintains the 50% plus one threshold. He noted Florida had used this methodology about 100 years ago and it increases the efficiency of the election. He noted in the most recent general election, 13,000 people voted and 4,000 people voted in the run-off election which is 65% less. The two candidates in the run-off for mayor only received 20% and 22% of the original vote in the run-off. He noted statistics show the 50% that was achieved in the run-off was from a diminished voting population. An instant run-off, subject to approval by the Supervisor of Elections, allows for ranked choices. The 50% is still maintained, but it just saves time, energy and cost for an election and it increases voter turnout. He commented this is an evolved form of voting, to ensure voters can cast a vote for someone, who may not be likely to win, and continue on to the voter's second choice vote, which can assist in the election if no one reaches 50%. It would change the charter and require a referendum. He commented he would need Commission support to investigate implementation with the Supervisor of Elections. He thought it was a progressive idea. The City could take the lead on the issue. It saves money and every vote is counted. He hoped other cities and counties, locally and nationally, would follow suit. Commissioner Romelus liked the innovation, but inquired if people or machines were counting the vote. Commissioner Katz responded it is a standard ballot with an additional column and he explained how it worked. Commissioner Romelus thought there was voting cynicism aimed at Florida and a lot of people may not have the education level to use IVR. Commissioner Katz explained the ballot language would be clearly indicated. David Katz, 67 Midwood Lane, explained it would need a charter amendment which cost a lot of money. He suggested, if moving forward, to hold workshops and education sessions for the 2019 City-wide election. He asked how new the methodology was and learned it has been around for a while. Florida used it in 1912 and a small number of cities were using it. He asked if the City could adjust the two week window to four weeks. Attorney Cherof did not know the answer. Woodrow Hay, 427 NW 5t" Avenue, took note this voting methodology was used in 1912, and understood it had potential. He queried if it is that good why it is not being used now in the county and in other states. Commissioner Katz agreed if cost and further education was a concern, he would not object to pushing it to a later date, such 22 Page 674 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 as a city-wide election. As to why this type of election is not used, the electoral rules were written by a two-party system and this system permits third party votes to be cycled and alter the outcome. Democrats and Republicans did not want it cycled back in because it would alter the election. The two-party system restricts the voice of the people. If no majority rules, the plurality wins. Buck Buchanan, 807 Ocean Inlet Drive, asked if there are any statistics and if there was a study. Mayor Grant explained this type of vote is used when there is a higher number of candidates and thought there are instances when a 50% majority would not be reached. Commissioner Katz commented given more time, he could put more information together. He requested the Board allow the City to confer with the Supervisor of Elections and the State Board of Elections to ensure it complies with election law, but thought it combined positive aspects of an election and run off without the cost and decreased voter turnout out. Mr. Buchanan commented it was also better suited to non-partisan elections. Piotr Blass thought it was a wonderful idea that should be pursued and it could make the City famous. He also thought elections should be held through secure, authenticated elections. He volunteered to assist with mathematical and statistical experience and has several students throughout the world that are working on web - enabled elections. He thought it may be a solution to the terrible elections that have been seen nationally recently. Vice Mayor McCray favored the status quo. Motion Mayor Grant thought Commissioner Katz had a motion to investigate Instant Run-off Voting (IVR) with the Supervisor of Elections and Commissioner Katz explained he wanted legal or staff to consult with them to ensure its legality in accordance with State and County Laws to see if it was an option for the next ballot. Commissioner Romelus seconded the motion. Vote The motion passed 4-1, (Vice Mayor McCray dissenting.) Commissioner Casello commented this was strictly a cost saving measure. In the past, 65% or 75% voted to make the vote 50%. He rescinded his motion. B. Approve the request of Mayor Steven B. Grant to distribute $300 of his Community Support Funds to Kid's Dreams, a non-profit organization. C. Approve the request of Mayor Steven B. Grant to distribute $300 of his Community Support Funds to the 211 Help Line, a non-profit organization. 23 Page 675 of 960 Meeting Minutes City Commission Boynton Beach, Florida Motion December 6, 2016 Mayor Grant passed the gavel, and moved to table his request for 211 Help Line to the next meeting. Vote The motion unanimously passed. D. Approve the request of Commissioner Casello to distribute $1,000 of the Community Support Funds to the Community Caring Center, a non-profit organization. E. PROPOSED RESOLUTION NO. R16-162 - Approve and authorize the execution of an Interlocal Agreement for vote processing equipment use and election services by and between the Palm Beach County Supervisor of Elections and the City of Boynton Beach. Motion Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. F. PROPOSED RESOLUTION NO. R16-163 - Approve Resolution designating Canvassing Board for March 2017 Municipal Election. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. G. PROPOSED RESOLUTION NO. R16-164 - Consideration of proposed Notice of Intent which would establish a moratorium temporarily freezing any administrative processing or approval of group homes. Attorney Cherof explained the Department of Justice and the Department of Housing and Urban Development issued a joint guidance letter and provided some input and analysis on the way municipalities can deal with group homes. The agenda item is to initiate a procedure for Boynton Beach to study whether or not provisions of the Code 24 Page 676 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 would be affected by provisions in the guidance letter. After a full analysis is done, it would result in amendments to the City Code regarding zoning, land use, Business Tax Receipts, occupancy, reasonable accommodation and others. Normally this item would not appear on agenda for action, only for information, and consideration whether to put it on the agenda. Because group homes are a significant issue and other cities have been announcing they are passing moratoriums, it is on the agenda. It will appear on next agenda because the Notice of Intent requires the matter return for a public hearing. Attorney Cherof explained the issue could be modified tonight. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. G. Discussion of remaining cemetery plots and possible restriction to Boynton Beach residents. Vice Mayor McCray explained City Clerk Pyle brought to his attention there are individuals who use a local church address and a person from out of town was buried in the Cemetery. He clarified the cemetery has only so many plots in Boynton. Dade County has out -priced themselves for cemetery plots and if, unable to be buried there, they go to Broward County, by saying they are a cousin and they use the Broward County address because it is cheaper. He explained people from these areas are now coming to Boynton Beach. He commented people need to know if they are not a City resident or have been productive in Boynton Beach, they need to be turned away. He clarified there are only 470 cemetery lots, and they should be for the City residents and their families. He explained a moratorium would benefit City residents needing the Cemetery. Attorney Cherof explained the City needed to create something that details what categories of people could use the Cemetery and build in exceptions as there may be circumstances a non-resident who has family buried here that wants to be buried in Boynton Beach or a former elected official that moved away that wants to come back and be buried here. Mayor Grant asked if there was a recommendation how many years a person has to live in Boynton Beach to be considered a resident. Vice Mayor McCray explained there is language already out there, already written they could use. Motion Mayor Grant thought there was a motion to give direction for an Ordinance. Commissioner Casello seconded. 25 Page 677 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 Vote The motion unanimously passed. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD A. Reports -- None B. Pending Items City Services Survey for the CRA Linda Cross, 625 Casa Loma Boulevard, explained the Advisory Board had two people volunteer and research city surveys. They also discussed the surveys at the Florida Redevelopment Association and how to obtain a baseline. They reviewed different cities and stakeholders, and the Advisory Board thought it was a great idea because the City does not have a survey like this. She noted the survey direction was broad, and the CRA as an Agency does not provide services as the City provides services. She asked if the survey should cover services in the CRA District or how well the CRA District is progressing. The CRA Advisory Board recommendation was it requires at least a committee including someone from the Chamber of Commerce, INCA and BIG residential areas, business stakeholders and CRA staff and City Staff come together. Mayor Grant commented the CRA Advisory Board takes direction from the City and asked if the Commission wanted to rebrand the Advisory Board to include issues outside the CRA District such as the City Services Survey. He noted the City Commission created the CRA Advisory Board and thought they should be named the Community Development Board and given a broader scope within the City. Ms. Cross explained the Advisory Board would be unable to conduct the survey without other stakeholders and they need staff. Vice Mayor McCray asked if the City would be conducting a survey of services and learned they would conduct a city-wide survey as part of strategic planning. He favored all parties getting together to see if there is any overlap and doing one survey. Ms. LaVerriere explained the City was prepared to conduct a survey next year and did not think the Advisory Board needed to address it. Mayor Grant inquired if the City Commission should be speaking with the CRA Advisory Board and including them on City Agendas. Vice Mayor McCray did not think they needed to make presentations at City Commission meetings unless they had something to present. ca Page 678 of 960 Meeting Minutes City Commission Boynton Beach, Florida Motion December 6, 2016 Mayor Grant passed the gavel and moved to remove the CRA Advisory Board from City Commission Agendas. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. C. New Assignments -- None 14. LEGAL A. PROPOSED ORDINANCE NO. 16-022 - FIRST READING - Approve the annual update to the Five -Year Capital Improvements Schedule of the Capital Improvements Element of the City's Comprehensive Plan. Attorney Cherof read proposed Ordinance 16-022, by title only on First Reading. Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Mayor Grant asked if this included the review committee for the One -Cent Sales Tax and learned it would not. The One -Cent Sales Tax is a statutory requirement for the Comprehensive Plan which would come before the City Commission in January. Some of the surtax monies will be used on capital items as contained in the Plan. Vote City Clerk Pyle called the roll. The vote was 5-0 15. FUTURE AGENDA ITEMS A. Annual Performance review of City Manager - December 20, 2016 B. City Commission to review Legislative Priority .List for upcoming Legislative Session - January 17, 2017. C. Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3.D.) to allow medical offices as accessory uses to a residential development. - February 7, 20017. D. Monthly Departmental Presentations: 27 Page 679 of 960 Meeting Minutes City Commission Boynton Beach, Florida December 6, 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 E. The Commission meeting on Tuesday, March 7, 2017 has been rescheduled to Monday, March 6, 2017 at 6:30p.m. in the Commission Chambers due to members of the Commission travelling to Tallahassee on March 7, 2017. F. Jeanne Heavilin, President of Greater Boynton Beach Sister Cities has requested to discuss the possibility of a Sister City relationship with Rauma, Finland - December 20, 2016. G. Joint City Commission/CRA Workshop for six month update on 2016 strategic plan at the Intracoastal Park Clubhouse (IPC) at 3:30p.m. - March 28, 2017. H. Discuss the creation of a citizen oversight committee as provided by Palm Beach County ordinance and Interlocal agreement January 2017. I. Interlocal Agreement with CRA for Community Standards Outreach position - January 17, 2017. J. Amendments to the Land Development Regulations establishing the Mixed Use — 4 (MU -4) zoning district (CDRV 16-006) — Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to begin implementing the Community Redevelopment Plan with the establishment of the new Mixed Use 4 (MU -4) Zoning district, including amendments or addition to definitions, site development standards, zoning uses, and urban design standards. City initiated - December 20, 2016 K. Amendments to the Land Development Regulations for minimum and maximum size of Infill Planned Unit Developments (IPUD) (CDRV 16-006) — Approve amendments to the LAND DEVELOPMENT REGULATIONS Chapter 3, Article III, Section 2.G to eliminate the minimum and maximum lot area standards for the Infill Planned Unit Development Zoning District (IPUD). City initiated. - December 20, 2016 L. Discuss Cannabis dispensing regulations - January 3, 2017. 16. ADJOURNMENT Vice Mayor McCray noted there is a Pearl Harbor Celebration the next day at noon. Motion Vice Mayor McCray moved to adjourn. Commissioner Romelus seconded the motion. 28 Page 680 of 960 Meeting Minutes City Commission Boynton Beach, Florida Vote December 6, 2016 The motion unanimously passed. The meeting was adjourned at 8:41 p.m. ATTEST Judith A. Pyle, CMC City Clerk Catherine Cherry Minutes Specialist 29 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 681 of 960 7.A. BIDS AND PURCHASES OVER $100,000 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Approve Xylem Water Solutions USA, Inc. of Riviera Beach, FL, as a Sole Source for the purchase of parts and repair services on Flygt pumps (utility lift stations) on an "As Needed Basis" for the fiscal year 2016- 2017, for an estimated annual expenditure of $175,000. EXPLANATION OF REQUEST: Time Period: October 1, 2016 - September 30, 2017 The Utilities Department has standardized all pump purchases to Flygt and EMU pumps to be used in the lift stations throughout our service area. Although Flygt is no longer being used as a source for new pump purchases, more than 60% of the stations contain Flygt pumps including five (5) of the six (6) master stations. 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. Xylem Water Solutions USA, Inc. (Xylem) owns Flygt Products and is the sole source for Flygt pumps, parts and service. In accordance with the City's Purchasing policies "sole source" purchases are an option and purchases in excess of $25,000 require Commission approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City of Boynton Beach (City) oversees and maintains over 160 wastewater lift stations. Each station has two or more pumps which help to convey wastewater collected from homes and businesses with the City's service area to the South Central Regional Wastewater Treatment Plant (SCRWWTP) for processing and treatment. 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 regulatory infractions for the City. FISCAL IMPACT: Funds have been budgeted in operational account: 401-2816-536-52-75 and CIP account: 403-5000-535-64- 05, SWR075. Previous fiscal year expenditures are Operational Budget CI P • FY 2012/2013 $17,131 $40,103 • FY 2013/2014 $79,361 $315,081 • FY 2014/2015 $13,577 $63,321 • FY 2015/2016 $105,346 $50,857 ALTERNATIVES: The City could issue a bid for third party services. However, the City may void manufacturer warranties, pay significantly more for repairs, experience longer turnaround times and risk inferior quality of work performed Page 682 of 960 by less trained and competent staff. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Utilities Finance Legal City Manager Reviewer Groff, Colin Howard, Tim Swanson, Lynn LaVerriere, Lori Description Sole Source Letter Action Approved Approved Approved Approved Date 12/9/2016 - 9:55 AM 12/9/2016 - 4:51 PPA 12/14/2016 - 9:18 AM 12/14/2016 - 2:53 PPA Page 683 of 960 xylem Xylem Water Solutions USA Inc. Fly Products 16132 Park of Commerce Blvd. Suite 102 Jupiter, FL 33478 Tet (561) 848-1200 Fax: (561) 848-1299 James Hart City of Boynton Beach 124 E. Woolbright Rd. 'Ali I RI III i'llIT1111 � II ii ! I i N I., :-. i I W&IIIII Lei IN O'cl 1111 _tj 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; (Fast of the Apalachicola River). Our staff is property trained to provide you with original equipment, spare parts, repairs and warranty service. Is= Brian Stengle Branch Manager, Jupiter, FL Vrian.StenvleD�Xlemincxorrt Page 684 of 96 03 CODE COMPLIANCE & LEGAL SETTLEMENTS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Review and Approve Legal Settlement in Foreclosure matter; Case No. 50-2015-CAl 1 893XXXXMB and authorize the City Manager to sign the Stipulation of Acknowledgement of Valid Utility Lien and Release of Lien Upon Accord and Satisfaction of the Lien. EXPLANATION OF REQUEST: The City of Boynton Beach was served as one of the Defendants in the above -referenced foreclosure as a result of two (2) existing code liens on the Property which are now foreclosed. The case concluded with a sale of the property and issuance of a Certificate of Tile to Third Party Purchaser/current owner Avi Stern on November 1, 2016. The Final Judgment was filed on August 29, 2016. City recorded a Claim of Lien for unpaid utilities on September 28, 2016, the period between entry of Final Judgment and Issuance of Certificate of Title. Third Party Purchaser filed a Motion to Amend Final Judgment to reflect that said lien should be deemed foreclosed. City filed a Motion to Oppose Third Party Purchaser's Motion on the basis that the utility lien should not be affected by the foreclosure judgment in light of existing law. The Parties' Motion were heard at a hearing on December 8, 2016. In light of the recent publication of the 4th DCA case of Ober v. Lauderdale by the Sea, and since this involved a utility and not a code lien, the Court reserved its ruling and ordered the parties to mediation within 45 days of the hearing. Third Party Purchaser has since offered to pay for half of the total due on the subject property's utility account, which was $4,114.13 as of December 5, 2016. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. City will collect $2,057.065 on a recorded Claim of Utility Lien but write off an equal amount. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 685 of 960 Is this a grant? No Grant Amount: ATTACHMENTS: Type REVIEWERS: Department Legal Finance City Manager Description Stipulation of Acknowledgement of Valid Utility Lien and Release of Lien Reviewer Action Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 12/15/2016 - 12:02 PPA 12/15/2016 - 1:20 PPA 12/15/2016 - 1:52 PPA Page 686 of 960 THE BANK OF ' TRUST r .NATIONAL ASSOCIATION FKA THE BANK OF YORK TRUSTr . SUCCESSOR TO JPMORGAN BANK, . AS TRUSTEEFOR RESIDENTIAL # PRODUCTS, INC. ASSET- BACKED P' �rCERTIFICATE, SERIES 00* r Plaintiff, vs. THE UNKNOWN HEIRS 4 DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS,AND ALL OTHERS WI -10 MAY CLAIM AS INTEREST IN THE ESTATE OF BARBARA SCHWARTZ A/K/A BARBARA r. 1. . .' DECEASED; CITY OF BOYNTON BEACH, FLORIDA, i7- F ! R IN THE CIRCUIT • OF JUDICIALr FOR PALM BEACH1FLORIDA This Stipulation is made between Third Party Purchaser AVI STERN ("Stern") and Defendant City of Boynton Beach ("City"), and collectively as "Parties." The Parties hereby stipulate and agree as follows; 1. On September 28, 2016, the City recorded a Claim of lien for unpaid municipal services pursuant to § 159.17, Fla. Stat. (2016). A copy of the Claim of Lien is attached and incorporated by referenced herein as Exhibit "A". �t�r�xa r� er..srr�itc�u Page 687 of 960 Bank of NY Mellon v. Schwartz/Stipulation Case No. 2015-CA-011893XXXMB Page 2 of 2. On October 18, 2016, Stern filed a Motion to Amend Final Judgment or in the Alternative, Motion to Determine Obligation for Assessments Due to Defendant, City of Boynton Beach ("Stern's Motion to Amend Final Judgment"). 3. On December 2, 2016, City filed a Motion to Oppose Stern's Motion to Amend Final Judgment based on the fact that the City's Claim of Lien was a utility lien and therefore not affected by the entry of Final Judgment and issuance of Certificate of Title in this matter, 4. The total due and owing on the subject property's utility account through December 5, 2016 is $4,114.13. 5. The City agrees to settle its recorded Claim of Lien for $2,057.065. 6. Without admitting or denying liability, Stern agrees to pay $2,057.065 to resolve the City's Claim of Lien. 7. Upon receipt of the payment in full in the amount of $2,057.065, the City shall release the lien identified in Exhibit A. 8. The Parties agree that they shall respectively bear their own costs and attorneys' fees in this matter. 9. The Parties agree to the entry of an Agreed Order, which approves and adopts this Stipulation and reserves jurisdiction to enforce the provisions of same. 10. For purposes of enforcement, a facsimile or electronically transmitted copy of this Stipulation shall be deemed as an original. Page 688 of 960 Bank of NY Mellon v. SchwarteStipulation Case No, 2015 -CA -0 I 1893XY.XMB Page 3 of 3 1-:130 AVI STERN CITY OF BOYNTON EACH Page 689 of 960 STATE OF FLORMA COUNTY OF PALM BEACH C-M'k t8,K ilia t, r t 12`4 "V" 7 TMJMT.X� 70 1 t ilk '�L L IL ILL IRs 4..4 riofam:: k A -juporIM kile wbose addrem is 100 E. Boynton Bcach Blvd., Boyntcm Basch, Floyida 33435, the lienor hemin, and LMM�NjM 9=4"= M I 14 :It 320 SW'5"'Ave, Boynton Beach, rL AS RECORDEDIN OFFICIAL RECORDS BooK 14232, PAGE 1597 OF THE PUBLIC RECORDS OF PALLM RFACH COUN71-Y, FLoRIDA Owned by. Barbara Schwartz Est Ibm is Prescatly due and owime to the Citv frurgip the I-Aggim- afthe., Purv;Iov A- 'i; xf f�r%mAVA --.—A F.". SM It S 51' H91.) V11�m44 1 f tI1N41 I pk1 11 Ow"JIMI Clry OF BOYNION BEACH 1. kfi1—,AVERRT1---,RF, C—ITY-K- A—NA-G- -ER THE FOREGOING INSTRUMENT was ad=wledscd bdore ux this 2.1 day of C'�" 2016, by lAxi Lavemm, as City Mmager of the City of Boynton 13=1 who is known to me Or WhvttW-pt4uGC[L 11 ; I MMMM-dw(h - hirvia! d not) take an oaft e ki // Page 690 of 960 may' L 1j, A� 13W3 M-1 w_ = exps � 25 2 Afle 6� My ConunMon Expires -5// W. e ki // Page 690 of 960 14511l'i W, G7.m4T,"m,;i j ,I I i"Iffln III MINI 111111 110 7rIWOMM �Qs35 VMMM . UK 14M Ps Im Beach Coanty, Florida �NT 10.00 Doc Kamp L 70 Dorothy H. Wilkon, Clerk 'd, ANY Lot 41, of Plat or meordlas to the Plat thmof on file In Offike or he f t CI Clak a aw muit W for Pdm Bomb County. R*rida as rwwdW In Phi 0, Book 30, Pat 55. Tbb prop" is m timp ww grow Sww. "A dwm6m jonft orum spouse Is nor mq". WWECT TO MATMRS OF THIS 18 AN INTRA FAMILY VEYANCE AKD THEREFORE IWIMMUM DOCUML74TARY STAWS ARE ATTACHED THE PREPAKER OF THIS IN -0 AS NErrrMR FLMNISHED WITH, NOR REQUESTED TO REVLEW. AN A :4 ' TRH DE3"ED PROPERTY, AND T%�7A-, "ORE EXPRESSES NOOPjvM"m4TC0ayF1 NOMON OF TfTLF- d*=,, J71'elka .. lu* STATE OF OI 11 COUNTY OF PALM BEACH �tfn �7 "772 TTT—L T77� W-Fl,i Ew Page 691 of 960 V PUBLIC HEARING 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Mixed Use - 4 (MU -4) Zoning District (CDRV 16-006) - PROPOSED ORDINANCE NO.16-023 - FIRST READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to begin implementing the Community Redevelopment Plan with the establishment of the new Mixed Use 4 (MU -4) Zoning District including amendments or additions to definitions, site development standards, zoning uses, and urban design standards. City initiated. EXPLANATION OF REQUEST: The CRA Plan will undergo comprehensive implementation in 2017, requiring an "audit" of existing zoning and other land development regulations for consistency with the many recommendations of the Redevelopment Plan; however, some Plan recommendations have immediate application to current or pending development applications and are therefore being implemented incrementally such as the establishment of the new Mixed Use - 4 (MU -4) Zoning District. The CRA Plan (fka "the Consolidated Plan") was adopted on October 4th which updated the vision for the CRA area to include, in part, greater densities and intensities within key areas in the downtown such as around the future passenger train station and at the proposed activity "node" envisioned at the intersection of US -1 and Woolbright Road. The Plan also recommends that the density/intensity void between the two highest zoning districts, the Mixed use -High and Mixed use -Low 3 be filled with a new district. Specifically, from the Land Use & Zoning Section, a recommendation reads: "Transition from two to three future land use classifications, and from four to five urban mixed use zoning districts. An steep increase in density and height caps between the Mixed Use and the Mixed Use Core classifications within the existing structure—from 40 DU/Acre to 80 DU/Acre and from 75 feet to 150 feet—makes for a gap that hinders future creation of a desired urban form and urban identity for the Downtown and adjacent districts of the CRA. There is no zoning district within the Mixed Use Core classification that would bridge the 40 DU/Acre density gap, and the existing supplemental regulations created to address the vast difference in scale for potential proximity of developments under the Mixed Use and Mixed Use Core classifications are inadequate. Replacing of the Mixed Use future land use classification with Mixed Use Medium land use, classification and introducing new zoning district, MU -4 (under the Mixed Use High category) with intermediate density thresholds. The density caps for the new FLU classification and the new zoning district -50 DU/Acre and 60 DU/Acre, respectively—have been established specifically to support the appropriate continuum of scale, addressing the described above density gap. " The various chapters and sections of the LDR to be amended to establish the MU -4 District, and proposed changes, are indicated in the various excerpts from the LDR and included within the attachments. The proposed amendments regard terms and definitions; the relationship with the corresponding Comprehensive Plan Future Land Use Classification; site, development and urban design standards; use regulations, and standards for telecommunication towers. Page 692 of 960 The Planning & Development Board review this request at their November 22nd meeting and forwards it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The subject amendment furthers the implementation of the Community Redevelopment Plan and encourages redevelopment of key parcels in the downtown. FISCAL IMPACT. N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: Reviewer ATTACHMENTS: Date Development Type Description D Ordinance Ordinance amending Land Development Approved 12/9/2016 - 9:40 AKA Regulations regarding Mixed Use - 4 D Exhibit ExhibitA D Staff Report Staff Report D Amendment LDR Terms and Definitions D Amendment Corresponding Land Use Classification D Amendment Zoning District & Map Designation D Amendment Development Standards & Descriptions D Amendment Zoning Uses (Zoning Matrix) D Amendment Use Standards (Zoning Matrix Notes) D Amendment Telecommunication Standards REVIEWERS: Department Reviewer Action Date Development Mack, Andrew Approved 12/9/2016 - 9:35 AKA Assistant City Manager Groff, Colin Approved 12/9/2016 - 9:40 AKA Legal Swanson, Lynn Approved 12/15/2016 - 10:05 AKA Finance Howard, Tim Approved 12/15/2016 - 10:04 AKA City Manager LaVerriere, Lori Approved 12/15/2016 - 10:18 AKA Page 693 of 960 Page 694 of 960 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 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS AMENDING CHAPTERS 1, 3 AND 4 TO BEGIN IMPLEMENTING THE COMMUNITY REDEVELOPMENT PLAN WITH THE ESTABLISHMENT OF THE NEW MIXED USE 4 (MU -4) ZONING DISTRICT INCLUDING AMENDMENTS OR ADDITIONS TO DEFINITIONS, SITE DEVELOPMENT STANDARDS, ZONING USES, AND URBAN DESIGN STANDARDS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the CRA Plan (fka "the Consolidated Plan") was adopted on October 4t' which updated the vision for the CRA area to include, in part, greater densities and intensities within key areas in the downtown such as around the future passenger train station and at the proposed activity "node" envisioned at the intersection of US -1 and Woolbright Road; and WHEREAS, the Plan also recommends that the density/intensity void between the two highest zoning districts, the Mixed use -High and Mixed use -Low 3 be filled with a new district; and WHEREAS, staff proposes these code amendments to commence the implementation of the City's new Community Redevelopment Plan and to support continued quality development and redevelopment of the downtown and remaining CRA area; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to amend the Land Development Regulations to begin implementing the Community Redevelopment Plan with the -1- Page 695 of 960 32 establishment of the new Mixed Use 4 (MU -4) zoning district including amendments or 33 additions to definitions, site development standards, zoning uses, and urban design 34 standards . 35 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 36 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 37 Section 1. The foregoing whereas clauses are true and correct and are now 38 ratified and confirmed by the City Commission. 39 Section 2. Chapter 1, Article H, Definitions, of the Land Development 40 Regulations, is hereby amended by adding the words and figures in underlined type, as 41 follows: 42 Chapter 1, Art. IL Definitions 43 CONVENTIONAL ZONING DISTRICT - All zoning districts which are not planned 44 zoning districts. Whenever the words "conventional district" or "conventional zoning 45 district" are used, they are construed to exclude any or all of the following zoning 46 districts: IPUD infill planned unit development; PUD planned unit development; MHPD 47 mobile home planned development; PCD planned commercial development; SMU 48 suburban mixed use ; MU -L1 mixed use -low intensity 1; MU -L2 mixed use -low 49 intensity 2; MU -L3 mixed use -low intensity 3; MU -4 mixed use; MU -H mixed use -high 50 intensity; and PID planned industrial development. 51 MIXED USE ZONING DISTRICT - Whenever the words "mixed use district" or 52 "mixed use zoning district" are used, they are construed to include any or all of the 53 following zoning districts: SMU suburban mixed use; MU -L1 mixed use -low intensity 1; 54 MU -L2 mixed use -low intensity 2; MU -L3 mixed use -low intensity 3; MU -4 mixed use 4; 55 and MU -H mixed use -high intensity. 56 PLANNED ZONING DISTRICT - A zoning district in which the zoning of the is 57 accompanied by and conditioned upon an approved master plan for the use and/or 58 development of the property. Whenever the words "planned district" or "planned zoning 59 district" are used, they are construed to include any or all of the following zoning 60 districts: IPUD infill planned unit development; PUD planned unit development; MHPD 61 mobile home planned development; PCD planned commercial development; SMU 62 suburban mixed use; MU -L1 mixed use -low intensity 1; MU -L2 mixed use -low intensity - 2 - Page 696 of 960 63 2; MU -L3 mixed use -low intensity 3; MU -4 mixed use 4; MU -H mixed use -high 64 intensity; and PID planned industrial development. 65 Section 3. Chapter 1, Article III, of the Land Development Regulations, is 66 hereby amended by adding the words and figures in underlined type, as follows: -3 - Page 697 of 960 LDRTChapter 1, Art. III. Relationship to Comprehensive Plan, Section 5.13. Table 1.1 Future Land Use Map (FLUM) Classification (including maximum dwelling units per acre) Zoning Districts LDR (5) MoDR (7.5) McDR (10) HDR (11) SHDR (20) OC LRC GC MXS (20) MX (40) MX - C (80) I R PPGI DRI R-1- AAB <5 R -1 -AA <5.5 R -1-A <6 R-1 <7.5 R-2 <10 R-3 1PUD PUD MHPD C-1 C-2 C-3 C-4 CBD PCD SMU MU -L1 <20 MU -L2 MU -L3 MU -4 MU -H M-1 PID REC PU LDR: Low Density Residential MXS: Mixed Use Suburban Page 698 of 960 MoDR: Moderate Density Residential MX: Mixed Use McDR: Medium Density Residential MX -C: Mixed Use Core HDR: High Density Residential L Industrial SHDR: Special High Density Residential R: Recreation OC: Office Commercial PPGL Public & Private Government/Institutional LRC: Local Retail Commercial DRI: Development of Regional Impact GC: General Commercial 68 69 Section 4. Chapter 3, Article I, Authority, Section 4, Official Zoning Map of 70 the Land Development Regulations, is hereby amended by adding the words and figures 71 in underlined type, as follows: 72 Chapter 3, Art. L Authority, Sect. 4. Official Zoning Map 73 74 C. Establishment of Zoning Districts. The City of Boynton Beach is hereby divided into zoning 75 districts as follows and as delineated on the official zoning map which, together with all 76 explanatory matter thereon, is hereby declared a part of the official zoning regulations: 77 R-1-AAB Single-family residential district R -1 -AA Single-family residential district R -1-A Single-family residential district R-1 Single-family residential district R-2 Single- and two-family residential district R-3 Multi -family residential district IPUD Infill planned unit development district PUD Planned unit development district MHPD Mobile home planned development district C-1 Office and professional commercial district C-2 Neighborhood commercial district C-3 Community commercial district C-4 General commercial district CBD Central business district PCD Planned commercial development district SMU Suburban mixed use district MU -L1 Mixed use -low intensity 1 district MU -L2 Mixed use -low intensity 2 district MU -L3 Mixed use -low intensity 3 district MU -4 Mixed use 4 MU -H Mixed use -high intensity district M-1 Industrial district - 5 - Page 699 of 960 PID Planned industrial development district PU Public usage district REC Recreation 78 79 80 Section 5. Chapter 3, Article III, Section 1, of the Land Development 81 Regulations, is hereby amended by adding the words and figures in underlined type, as 82 follows: 83 Chapter 3, Art. III. Sect. 1. Overview, 84 E. Mixed -Use Urban Building and Site Regulations (Table 3-4) 85 MIXED USE, URBAN MU -L1 MU -L2 MU -L3 MU -4 MU -H Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 100 1502 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)5 45 65 75 100 150/1256 Maximum Density (DUs/Acre) 14,16 20 30 40 60 80 Maximum F.A.R.15 1.0 2.0 3.0 4.0 4.0 Build -to -line (ft.)": All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement10 Abutting a Local street 010 010 010 010 010 Interior side 010 010 010 010 010 Building Setbacks, Minimum (ft.)": Rear abutting: Residential single-family 25'/0'• s 257 25' 25' 257 Intracoastal waterway 257 257 25' 25' 257 Side abutting Residential single-family 25'/0'• s 257 25' 25' 257 Usable Open Space, Minimum (sq. ft.)13 N/A N/A N/A 1% 2% 86 87 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 88 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. 89 3. For propeAy abu4ing the MU 44 distriet located wast of US!, the aren ofippreases i4l hei&, deflsit�' and F.AR-.qhnll 04044d 90 91 abufting the Mu 44 distriet l0ented 0 st of US 1, the aren of i4iprense fi)r height shall extend a di4n4ice of o4ie hundred (100) feet from 92. 93 Must also have pFinoipal frontage an afteFial Foadway. - 6 - Page 700 of 960 94 4.stallao14a-ye gig tom n !sea! ealleeter or 14iglw.-.-,.a&A' elaSS41^,..i, 95 5. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. 96 Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility 97 requirements of these regulations. 98 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU -L or 99 residential zoning district not separated by a right-of-way. 100 7. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 101 8. Where there is an intervening right-of-way of at least forty (40) feet. 102 9. Subject to permitting agency approval. 103 10. _Buildings and structures shall be located no farther than zero (0) feet from the property line, exol .ding those ingt gpag ,. h pro 104 105 f Fmod b the intersootion of to (2) ri&s of way. except in conjunction with providing required visibility at intersections, 106 driveways: oven spaces and public plazas: or when additional setback is necessary to provide for required "Pedestrian Zone (PZ). 107 Building placement is a factor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for 108 the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts is 16 ft. See Section 5.C.2. below 109 for additional relief provisions from build -to line requirements. 110 11. Listed eligible historic structures are not required to meet these standards. 111 12. The 111tim-Ato seth- Ack i s als o- a, -4--otor of height and applioation of the Sky Exposure Plano io nepord aBee 114,41; Septi oo 5 C q 112 below 113 13. Usable open space shall be required for all developments two (2) acres in size or larger- A mioimllm of A- a poroonr(2°%) of a"^ 114 4t --which shall be devoted to „., sablo opo^ s^^^^ ^ �:� g ^+plazas or other public open space, excluding private recreation. See 115 Chapter 4, Article 111, Section 8 for additional regulations. 116 14. Projects within the transit core shall have minimum densities as follows: MU -Ll -eleven (11), MU -L2 -twenty (20), MU -L3 - 117 thirty (30), MU -4 - thirty-five(35) and MU -H - forty (40) dwellings per acre (except that minimum density for the MU -H district 118 applies to projects located within the entire station area). 119 15. Projects within the transit core shall have a minimum FAR as follows: MU -L3 -one and three-quarters (1.75), MU -4 (2.0) and 120 MU -H - two (2.0) (except that minimum FAR for the MU -H district applies to projects to be located within the entire station area). 121 16. The maximum density for projects within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) 122 may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district. 123 124 Section 6. Chapter 3, Article III, Section 5, Mixed -Use Urban Districts of the 125 Land Development Regulations, is hereby amended by adding the words and figures in 126 underlined type, as follows: 127 Chapter 3, Art. III. Sec. 5. Mixed -Use (Urban) Districts. 128 A. General. 129 130 1. Purpose and Intent. The mixed-use (urban) zoning districts aro if4eaded to implement the 131 eCommunity rRedevelopment pPlans, in part, by providing for a mixture of land uses, 132 accommodating varying densities and intensities appropriate for each planning area, and by 133 establishing quality streetscapes and pedestrian environments as part of a compact urban setting. 134 These districts afe also if4eaded to support transit ridership and in particular, the development of 135 transit -oriented developments near planned passenger train stations along the FEC Railroad 136 corridor, such as the designated location along Northeast 4th Street, between Boynton Beach 137 Boulevard and Ocean Avenue. Additional standards and requirements of this section are based 138 on the proximity to the planned train station, and location within the transit core, which is defined 139 as the area extending one-quarter (1/4) mile from the train station (see map 4 to be determined). 140 To ensure compliance with these Regulations, an application for site plan approval shall be 141 required and reviewed concurrently with any request to rezone lands to a mixed-use (urban) 142 district, except as provided in Section 2.D. I.e. Also see Chapter 4, Article III, Section 6.H. for 143 design and compatibility standards, as well as the urban design guidelines for development within 144 the Boynton Beach eCommunity rRedevelopment aArea (urban design guidelines). The 145 objectives of the mixed-use (urban) districts are as follows: 146 - 7 - Page 701 of 960 147 a. Support and enhance revitalization efforts in the city's traditional commercial core area 148 through the provision of compact, transit -supportive, high density and intensity development; 149 b. Allow for commercial services to be provided to new residential developments in 150 planned locations with appropriate densities, heights, and mixtures of uses; 151 c. Create optimal pedestrian environments and spaces through well located public plazas, 152 expanded public sidewalks, maximized internal and external interconnectivity and design of 153 pedestrian -friendly vehicular circulation areas; 154 d. Allow flexibility in architectural design and building bulk while maximizing 155 compatibility and harmony with adjoining development; 156 e. Create surrounding areas that complement rather than compete with the downtown; and 157 f Create higher quality environments for residents, businesses, employees, and visitors as 158 determined by how well the urban centers function seamlessly with respect to interconnectivity 159 between the principal uses, activity centers, and transportations systems, forming a cohesive and 160 desirable sense of place. 161 162 2. Description of Districts. 163 a. Mixed Use -Low Intensity 1 (MU -L1). The MU -L1 district implements the mixed use 164 (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum 165 residential density of twenty (20) dwelling units per acre, except within the Downtown Transit - 166 Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum 167 density is twenty-five (25) dwelling units per acre. In addition, projects located within the transit 168 core of the Station Area shall have a minimum density of eleven (11) dwelling units per acre. 169 This minimum density requirement shall be applicable to any such project regardless of whether 170 the site is partially or entirely located within the transit core. 171 b. Mixed Use -Low Intensity 2 (MU -L2). The MU -L2 district implements the mixed use 172 (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum 173 residential density of thirty (30) dwelling units per acre, except within the Downtown Transit - 174 Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum 175 density is thirty-seven and one-half (37.5) dwelling units per acre. In addition, projects located 176 within the transit core of the Station Area shall have a minimum density of twenty (20) dwelling 177 units per acre. This minimum density requirement shall be applicable to any such project 178 regardless of whether the site is partially or entirely located within the transit core. 179 c. Mixed Use -Low Intensity 3 (MU -L3). The MU -L3 district implements the mixed use 180 (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum 181 residential density of forty (40) dwelling units per acre, except within the Downtown Transit - 182 Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum 183 density is fifty (5 0) dwelling units per acre. In addition, projects located within the transit core of 184 the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This 185 minimum density requirement shall be applicable to any such project regardless of whether the 186 site is partially or entirely located within the transit core. 187 d. Mixed Use -4 (MU -4). The MU -4 district implements the mixed use core (MX -C) future 188 land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential 189 density of sixty (60) dwelling units per acre, except within the Downtown Transit -Oriented 190 Development District (DTODD) Overlay Zone (the Station Area), where the maximum densityis 191 seventy five (75) dwelling units per acre. In addition, projects located within the transit core of 192 the Station Area shall have a minimum density of thirty five (35) dwelling units per acre. This 193 minimum density requirement shall be applicable to any such project regardless of whether the 194 site is partially or entirely located within the transit core. The intent of this new district is to 195 facilitate the establishment of high density and intensity development nodes at strategic locations 196 that support downtown redevelopment, while in certain location also providing a proper - 8 - Page 702 of 960 197 continuum of, or transition in scale between the Mixed Use High (MU -H) and Mixed Use -Low 3 198 (MU -L3) Districts. 199 e. Mixed Use -High Intensity (MU -H). The MU -H district implements the mixed use core 200 (MX -C) future land use map (FLUM) classification of the Comprehensive Plan and has a 201 maximum residential density of eighty (80) dwelling units per acre, except within the Downtown 202 Transit -Oriented Development District (DTODD) Overlay Zone (the Station Area), where the 203 maximum density is one hundred (100) dwelling units per acre. In addition, projects located 204 within the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This 205 minimum density requirement shall be applicable to any such project regardless of whether the 206 site is partially or entirely located within the transit core. The intent of this district is to supplant 207 the central business district (CBD) in the historic downtown and marina district. 208 209 3. Location and General Use Requirements. 210 a. General. The mixed use (urban) districts are intended for projects that promote 211 sustainable design with respect to land use, energy conservation, resource management, and 212 social equity. Rezoning to any of these districts is encouraged for proposed development or 213 redevelopment on lands that are in close proximity to existing infrastructure, public and 214 alternative transportation routes and modes, employment centers, community areas, or have 215 sustained or are complicated by environmental contamination. 216 The mixed use (urban) zoning districts shall be applied to selected geographic areas east of 217 I-95, where a mixture of uses and building intensities is intended to implement the city's 218 Comprehensive Plan, (Redevelopment pPlans, and urban design guidelines including goals 219 involving compact design, transit -oriented development, employment, population, transportation, 220 housing, public facilities, and environmental quality. Permitted uses and associated standards for 221 development vary between the zoning districts each reflecting the importance of the district's 222 location and relationship to the downtown. Maximum heights, densities, and intensities of 223 development are regulated to achieve, in part, the intended vision as established within the 224 Redevelopment Plan for each of the six planning districts, while ensuring land use compatibility. 225 226 A master plan as a whole, comprised 227 of individual buildings and parcels, would be reviewed for compliance with the requirements 228 below pertaining to a residential component to the project, and commercial use on the first floor 229 of a project. Projects not meeting the requirement for a residential component shall be reviewed 230 for contribution to employment targets in accordance with FDOT standards for a community 231 center TOD. 232 b. All Mixed Use -Low Intensity Districts. Mixed use -low intensity 1 (MU -L1), mixed 233 use -low intensity 2 (MU -L2), and mixed use -low intensity 3 (MU -L3). 234 (1) In order to complement the revitalization efforts in the downtown area, the MU -L 235 zoning districts shall be applied to lands consistent with the Comprehensive Plan and respective 236 redevelopment plans. Such areas are generally described as Woolbright Road between I-95 and 237 the FLC Railroad, Boynton Beach Boulevard between I-95 and Northwest 1st Street, Martin 238 Luther King Jr. Boulevard, Southeast 4th Street south to Southeast 5th Avenue, and Ocean 239 Avenue between Southeast 4th Street and Southeast 1st Street. See the respective redevelopment 240 plan for specific recommendations on locations and boundaries. 241 (2) The MU -L districts are appropriate for low- to mid -rise developments that provide 242 for medium density residential and low to medium intensity commercial and office uses. 243 (3) The review of these applications will emphasize compactness, aesthetics and design 244 quality, and physical compatibility with adjacent land uses. 245 (4) Except where limited by Table 3-21 in Chapter 3, Article III, Section S.C., all new 246 developments within the MU -L1 and MU -L2 districts that contain a non-residential use shall 247 front on streets designated as "arterial", or "collector", roadways on the Functional Classification 9 Page 703 of 960 248 of Roadways Map. All projects within the MU -L3 district and proposed within the transit core 249 must contain a residential component, and all projects proposed within the mixed use -low 250 intensity districts that front on an arterial road must have space on the first floor devoted to 251 commercial use. 252 (5) Maximum height may be further limited in certain geographic areas to further 253 applicable redevelopment plans and maintain compatibility with an abutting single-family 254 district. 255 256 c. Mixed Use- 4 (MU -4). 257 (1) The mixed use -high intensity (MU -4) district shall only be applied to lands classified 258 as mixed use -core (MX -C) on the future land use map as recommended by the Community 259 Redevelopment Plan. 260 (2) The MU -4 district is appropriate for high density/intensity development intended for 261 designated nodes such as properties at the intersection of US -1 and Woolbright Road, and the 262 downtown area, which is generally located east of the FEC Railroad, including the marina 263 district, and which extends out from the planned train station by approximately three (3) to four 264 (4) blocks. Such developments shall include a mix of uses designed in a compact vertical style. 265 Developments proposed within the Downtown Transit -Oriented Development District Overlay 266 Zone (the Station Area) must contain a residential component and have space on the first floor 267 which shall be devoted to commercial uses for those portions of the project having frontage along 268 Ocean Avenue or an arterial road. 269 (3) All new developments within this district shall front on streets designated as 270 "arterial" roadways on the Functional Classification of Roadways Map. 271 d. Rezoning of Single-family Districts. All requests to rezone any single-family residential 272 district to a mixed use zoning district shall be subject to the following additional requirements: 273 (1) Height, density and intensity of development SHALL BE CONSISTENT WITH 274 THE REDEVELOPMENT PLAN FOR THE REDEVELOPMENT DISTRICT bas 275 ; 276 (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one and 277 one-quarter (1.25) foot (depth); 278 (3) Vehicular access to the property located to minimize impacts on adjacent single - 279 family developments and meet safety standards; and 280 (4) Landscape barriers provided, in accordance with the landscape regulations of this 281 Code, where the rezoned property abuts single-family residential zoning 282 ed. Mixed Use -High Intensity (MU -H). 283 (1) The mixed use -high intensity (MU -H) district shall only be applied to lands classified 284 as mixed use -core (MX -C) on the future land use map. 285 (2) The MU -H district is appropriate for high density/intensity development intended for 286 the downtown area, which is generally located east of the FEC Railroad, including the marina 287 district, and which extends out from the planned train station by approximately three (3) to four 288 (4) blocks. Such developments shall include a mix of uses designed in a compact vertical style. 289 Developments proposed within the Downtown Transit -Oriented Development District Overlay 290 Zone (the Station Area) must contain a residential component and have space on the first floor 291 which shall be devoted to commercial uses for those portions of the project having frontage along 292 Ocean Avenue or an arterial road. 293 (3) All new developments within this district shall front on streets designated as 294 "arterial" roadways on the Functional Classification of Roadways Map. 295 de. Rezoning of Single-family Districts. All requests to rezone any single-family 296 residential district to a mixed use zoning district shall be subject to the following additional 297 requirements: io - Page 704 of 960 298 (1) Height, density and intensity of development based on the ,,.,d a f „mage the 299 standards indicated in Table 3-21; 300 (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one and 301 one-quarter (1.25) foot (depth); 302 (3) Vehicular access to the property located to minimize impacts on adjacent single - 303 family developments and meet safety standards; and 304 (4) Landscape barriers provided, in accordance with the landscape regulations of this 305 Code, where the rezoned property abuts single-family residential zoning. 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 B. Use(s) Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.D. C. Building and Site Regulations. Sect. 5.C.1. Building and Site Regulations (Table 3-21). MIXED USE, URBAN MU -L1 MU -L2 MU -L3 MU -4 MU -H Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 100 1502 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)5 45 65 75 100 150/1256 Maximum Density (DUs/Acre) 14,16 20 30 40 60 80 Maximum F.A.R.15 1.0 2.0 3.0 4.0 4.0 Build -to -line (ft.)": All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirementlo Abutting a Local street 010 010 010 010 010 Interior side 010 010 010 010 010 Building Setbacks, Minimum (ft.)": Rear abutting: Residential single-family 25'/0'• s 257 25' 25' 257 Intracoastal waterway 257 257 25' 25' 257 Side abutting Residential single-family 25'/0'• s 257 25' 25' 257 Usable Open Space, Minimum (sq. ft.)13 N/A N/A N/A 10/0 2% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. di4n4lop of 044P hundred (100) feet ffRm the M1114 zo4iing distriot line and shall require oanditional use approval. ForpropaFties dis#iO4 ]OCR-4ed, Past 4J48 1, t4e afea 4merpaqp 4)rllpig4t s4all 040144 a diq4aflep 40flp 111_1144r04 the MU 14 zoning distriet li4ie n4id, qhall require 0anditional use approval� however, no ifloreases in densityand FAR Are Allowed A Must ,.1so 1.,.. e ffonlage an 1....,.1 ....11o..tor or higher roadway olassifio,.t:...g 5. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. - 11 - Page 705 of 960 324 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU-L or 325 residential zoning district not separated by a right-of-way. 326 7. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 327 8. Where there is an intervening right-of-way of at least forty (40) feet. 328 9. Subject to permitting agency approval. 329 10. _Buildings and structures shall be located no farther than zero (0) feet from the property line, exol .ding those in4a4l^^g ,. h pro 330 331 f Finad b the intersootion of to (2) ri&s of way. except in conjunction with providing required visibility at intersections, 332 driveways; open spaces and public plazas; or when additional setback is necessary to provide for required "Pedestrian Zone (PZ). 333 Building placement is a factor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for 334 the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts is 16 ft. See Section 5.C.2. below 335 for additional relief provisions from build-to line requirements. 336 11. Listed eligible historic structures are not required to meet these standards. 337 12. The ultim-nto sp4h_ nek i s n1so n 4-otor of height and applioation of t4a Sky Exposure Plang i4i nepord nfflpe 114,4h septi 044 5 C_ q 338 holow 339 13. Usable open space shall be required for all developments two (2) acres in size or larger- A Mi4limilm of A- a paroanr(2°%) of a „.,"^ 340 4t--which shall be devoted to sablo epo^ s^^^^ ^ �:� g ^+plazas or other public open space, excluding private recreation. See 341 Chapter 4, Article 111, Section 8 for additional regulations. 342 14. Projects within the transit core shall have minimum densities as follows: MU-Ll -eleven (11), MU-L2 -twenty (20), MU-L3 - 343 thirty (30), MU-4 - thirty-five(35) and MU-H - forty (40) dwellings per acre (except that minimum density for the MU-H district 344 applies to projects located within the entire station area). 345 15. Projects within the transit core shall have a minimum FAR as follows: MU-L3 -one and three-quarters (1.75), MU-4 (2.0) and 346 MU-H - two (2.0) (except that minimum FAR for the MU-H district applies to projects to be located within the entire station area). 347 16. The maximum density for projects within the Downtown Transit-Oriented Development District Overlay Zone (the Station Area) 348 may be increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district. 349 350 351 Section 7. Chapter 3, Article IV, Section 3.13 of the Land Development 352 Regulations, is hereby amended by adding the words and figures in underlined type, as 353 follows: 354 See attached Exhibit "A" 355 356 Section 8. Chapter 3, Article IV, Section 3, Use Regulations of the Land 357 Development Regulations, is hereby amended by adding the words and figures in 358 underlined type, as follows: 359 Chapter 3, Art. IV., Sect. 3. Use Regulations 360 D. Use Matrix Notes 361 362 41. Hotel & Motel (includes Boutique, Extended -stay, Apartment, Timeshare 363 Apartment). 364 a. C-3 District. Timeshare hotel shall comply with R-3 district regulations. 365 Boutique hotels are not listed as permitted uses. 366 b. C-4 District. Boutique hotels and timeshare hotels are not listed as permitted uses. 367 c. CBD District. Apartment hotels require conditional use approval. -12 - Page 706 of 960 368 d. PCD District. Timeshare apartments shall comply with R-3 district regulations. 369 Boutique hotels are not listed as permitted uses. 370 e. SMU District. Hotels require conditional use approval. Apartment hotels, 371 boutique hotels, and timeshare apartments are not listed as permitted uses. Motels are 372 prohibited uses. 373 f MU -L1 District, MU -L2 District, and MU -L3 District. Timeshare hotels are not 374 listed as permitted uses. Boutique hotels and motels are prohibited uses. 375 g. MU -4 District and MU -H District. Boutique hotels require conditional use 376 approval and must be integrated into a commercial or mixed use development and not 377 exceed thirty percent (30%) of the gross floor area of the entire development. Apartment 378 hotels and timeshare apartments are not listed as permitted uses. Motels are prohibited 379 uses. 380 h. PID district. This non -industrial use is allowed within the PID district provided it 381 is located on a lot that has a Hotel (H) land use option. 382 383 42. Live -Work Units. 384 a. SMU District. This subsection provides for the use of residential structures to 385 accommodate live/work opportunities. Live -work units shall be specifically designated 386 on the site plan, and comply with the following standards and requirements. These 387 provisions are not applicable to dwellings or occupations that meet the definition of home 388 occupation. All respective site plan pages shall identify all proposed live -work units and 389 buildings. Live -work units shall be tallied in the site plan tabular data. 390 (1) Location. To minimize impacts to the greater neighborhood, units planned for 391 live -work units shall be located at the perimeter of the residential project or along the 392 project's principal roadway, and/or where possible, adjacent to perimeter/external rights - 393 of -way. 394 (2) Use(s): Non-residential uses that are permitted in live -work units are generally 395 limited to professional service, business service, or tutoring services. A listing of 396 common uses permissible in live -work units, subject to issuance of occupational license 397 are located in subsection (16) below. No work activity shall be permitted that by virtue of 398 intensity or number of employees has the potential to create impacts by reason of traffic, 399 parking issues, hazardous materials, or excess waste. The following list identifies the 400 permitted uses within designated live -work units, subject to processing through the city's 401 business tax office: 402 Addressing service/mailing list compiler 403 Arbitrator, mediator services 404 Cleaning services, maid, housekeeping, janitorial 405 Commercial artist/design studio 406 Commercial photography 407 Computer programming service 408 Computer software development 409 Data processing 410 Direct mail advertising services 411 Editing, proofreading, typing service 412 Paralegal -13 - Page 707 of 960 413 Party supplies, rental/leasing (office only, no storage on-site) 414 Private investigator 415 Recording service 416 Secretarial service 417 Boat broker (office only) 418 Alteration, dressmaking shop, tailor 419 Abstract and/or title company 420 Accountant/income tax services 421 Adjusters, insurance 422 Advertising office 423 Appraiser 424 Architect 425 Attorney 426 Auctioneer (office only) 427 Author 428 Broker 429 Business analyst 430 Calculating and statistical service 431 Court reporting/stenographers 432 Credit reporting 433 Engineer's office 434 Importer/exporter (office only) 435 Insurance agency/bond office 436 Interior decorating 437 Loan company office 438 Market research office 439 Model agency 440 Notary public office 441 Public relations office 442 Real estate sales/management office 443 Travel agency 444 Tutoring or instruction (academics, music, art) 445 Art studio with ancillary sales 446 (3) Floor Area. The minimum floor area of a live -work unit shall be one thousand 447 (1,000) square feet. No more than seven hundred fifty (750) square feet of the live -work 448 unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage 449 areas. The remaining gross floor area of each unit shall be reserved and regularly used for 450 sleeping space. 451 (4) Construction. Each live -work unit shall be a separate unit from other uses in 452 the building. The ground floor of all live -work units shall meet the Florida Building Code 453 requirements for mixed occupancy buildings. Each unit, including the garage, shall be 454 separated by walls from other live -work units or other uses in the building. 455 (5) Accessibility. Buildings designated as live -work units shall provide universal 456 accessibility to the front and to the interior space of the non-residential area of the live - 457 work unit from the public sidewalk adjacent to the street. -14- Page 708 of 960 458 (6) Miscellaneous. No more than two (2) on-site employees, in addition to the 459 resident(s) of the live -work unit, may undertake business activities from said unit. At 460 least one (1) resident of an individual live -work unit shall maintain a current occupational 461 license for a business located in that unit. Acknowledgment, in the form of an affidavit, 462 of the employee limitation shall be made by the unit resident, at the time of application for 463 an occupational license. The work area shall not be rented separately from the living 464 space. 465 b. MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District and MU -H 466 District. The following restrictions apply to projects within zoning districts that contain 467 master plans approved for live -work units: 468 (1) Floor Area. The minimum floor area of a live -work unit shall be one thousand 469 (1,000) square feet. No more than seven hundred fifty (750) square feet of the live -work 470 unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage 471 areas. The remaining gross floor area of each unit shall be reserved and regularly used for 472 sleeping space. 473 (2) Use(s). The work activity in a building where live -work units are allowed shall 474 be any use permitted by right in the zoning district, except that in order to protect the 475 health and safety of persons who reside in a live -work unit, no work activity shall be 476 permitted that by virtue of size, intensity, number of employees or the nature of the 477 operation, has the potential to create significant impacts by reason of dust, glare, heat, 478 noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be 479 hazardous by way of materials, process, product or wastes. 480 (3) Construction. Each live -work unit shall be a separate unit from other uses in 481 the building. 482 (4) Accessibility. Access to each live -work unit shall be provided from common 483 access areas, common halls or corridors, or directly from the exterior of the building. 484 (5) Separation. Each live -work unit shall be a separate unit from other uses in the 485 building. Access to each live -work unit shall be provided from common access areas, 486 common halls, or corridors, or directly from the exterior of the building. 487 (6) Miscellaneous. At least one (1) resident of an individual live -work unit shall 488 maintain a current business tax receipt for a business located in that unit. No portion of a 489 live -work unit may be separately rented or sold as a commercial space for a person or 490 persons not living in the premises or as a residential space for a person not working in the 491 same unit. No live -work unit shall singly be changed to exclusively commercial or 492 exclusively residential use. No conversion of all live -work units in a single structure to 493 exclusively residential use shall be permitted where the work portion of the units is the 494 only commercial use in a project, nor shall conversion to exclusively commercial use be 495 permitted where the live portion of the units is the only residential use in a project. 496 497 498 45. Boat Dealer/Rental. 499 a. C-4 District. Boat dealer/rental, as a principal use, shall exclude the repair or 500 service of vessels on the premises. A boat dealer/rental is allowed as an accessory use to 501 a marina but conditional use approval is required. No exterior loudspeakers or paging 502 equipment shall be permitted on-site. -15 - Page 709 of 960 503 b. MU -4 District and MU -H District. Boat dealer/rental is allowed as an accessory 504 use to a marina but conditional use approval is required. No exterior loudspeakers or 505 paging equipment shall be permitted on-site. Storage/display allowed only in wet docks 506 or indoor not to exceed ten thousand (10,000) square feet. The sales, rental, service, 507 repairs, and storage of marine trailers are prohibited. 508 509 510 48. Hardware Store. 511 a. CBD District. Excluding lumber or building materials dealers, lawn & garden 512 shops, glass, electrical, plumbing, heating supplies, and the like. 513 b. MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District, MU -H District, 514 and PID District. Indoor storage/ display only and shall not exceed ten thousand (10,000) 515 square feet. 516 c. PID District. This use excludes an on-site lumber yard and any other exterior 517 (outside) activity or storage. 518 519 520 50. Marine Accessories. 521 a. C-2 District. Excluding any installation on premises, and excluding machine shop 522 service. 523 b. MU -L1 District, MU -L2 District, MU -L3 District,MU-4 District and MU -H 524 District. Indoor storage/display only and shall not exceed ten thousand (10,000) square 525 feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. 526 Marine customizing, detailing, service, parts, or repair is also prohibited. 527 528 529 57. Pharmacy & Drug Store. 530 a. All Districts. No more than fifteen percent (15%) of the total number of 531 prescriptions sold within a thirty (30) day period can be derived from the sale of Schedule 532 11 controlled substances as listed in F.S. § 893.03. All pharmacies and drug stores shall be 533 staffed by a state licensed pharmacist who shall be present during all hours the pharmacy, 534 or pharmacy function of the drug store, is open for business. This restriction on 535 prescription sales shall not apply to a pharmacy operating accessory to a facility licensed 536 pursuant to F. S. Chapter 395 (e.g., hospital). 537 b. MU -4 and MU -H Districts. Use shall be subject to the following distance 538 separation requirements from similar uses, measured in a straight line, using the shortest 539 distance between property lines shall be the following: 540 (1) Seven hundred fifty (750) feet: For uses with less than five thousand (5,000) 541 square feet of gross floor area; 542 (2) One thousand, five hundred (1,500) feet: For uses with a gross floor area equal 543 to or greater than five thousand (5,000) gross square feet. 544 545 546 547 548 66. Dry Cleaner. -16 - Page 710 of 960 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 a. All Districts. Cleaning services are limited to retail customers and includes the alteration and/or repair of clothing. b. SMU District, MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District and MU -H District. On-site drop-off and pick-up is allowed as a permitted use; however, any cleaning or laundering activities conducted on the premises requires conditional use approval, and the floor area of such establishment cannot exceed two thousand (2,000) square feet. 70. Postal/Mail Center. a. All Districts. Storage of delivery trucks is prohibited. b. C-1 District. Allowed as an accessory use to a business or professional office or a medical or dental office. Gross floor area shall not exceed two thousand, five hundred (2,500) square feet. c. MU -4 District and MU -H District. This use shall be limited to a maximum gross floor area of two thousand, five hundred (2,500) square feet. 81. Sightseeing & Scenic Tours. a. All Districts. Vehicles used in support of the operation that are of a size in excess of a standard parking stall shall be stored in a zoning district where outdoor storage of vehicles is allowed. b. CBD District, MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District and MU -H District. Sightseeing boats are allowed in conjunction with a marina, including yacht club. Section 9. Chapter 3, Article V, Section 13, Wireless Communications Facilities of the Land Development Regulations, is hereby amended by adding the words and figures in underlined type, as follows: Chapter 3, Art. V., Sect. 13. Wireless Communication Facilities D.6. e. Zoning Districts and Affiliated Process (Table 3-29). Zoning Concealed Non- Concealed Non- Mitigation Antenna Co - Co- g Attached concealed Freestanding concealed of Existing Element location District Attached Freestanding WCF 1 WCF 4 WCF 7 Replacement g WCF 2 WCF 4 R-1 CC3 AD AD AD R-2 AD CC3 AD AD AD R-3 AD AD CC3 AD AD AD PUD AD AD CC3 AD AD AD IPUD AD AD CC3 AD AD AD MHPD CC3 AD AD AD C-1 AD CC AD AD AD C-2 AD CC AD AD AD -17- Page 711 of 960 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 C-3 AD AD CC R-1 Single -Family Residential AD AD AD C-4 AD AD CC R-3 Multi -Family Residential AD AD AD CBD AD AD CC PCD AD AD AD PCD AD AD CC PU AD AD AD REC AD AD CC CC 5,6 AD AD AD PU AD AD CC CC 5,6 AD AD AD SMU AD AD CC g WCF AD AD AD MU -L-1 AD AD CC AD AD AD MU -L-2 AD AD CC AD AD AD MU -L-3 AD AD CC AD AD AD MU -4 AD AD CC AD AD AD MU -H AD AD CC AD AD AD PID AD AD CC CC AD AD AD M-1 AD AD CC CC AD AD AD Legena: AD - Administrative (Staff) Approval CC -City Commission (Public Hearing) Approval Blank -Not Allowed Footnotes: 1 Concealed attached WCF shall only be allowed on building features that are a minimum of forty (40) feet in height, not to exceed fifteen (15) feet above the roofiine. 2 Non -concealed attached WCF are allowed on utility poles and freestanding lights within a public right-of-way, subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company. 3 Concealed freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use (school, church). 4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. Requires conditional use approval. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred (100) feet if located less than one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use. 5 Only when located on city -owned property of two (2) acres or more. 6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent residential use. 7 Replacement WCF with increased height requires public hearing approval. 8 Administrative approval unless on city -owned site and the lease requires each tenant to have a separate lease with city (each lease requires City Commission approval as a lease amendment), or the lease requires written consent letter (City Commission consent agenda). Zoning Districts: Non- R-1 Single -Family Residential C-2 Neighborhood Commercial SMU Suburban Mixed Use R-2 Duplex Residential C-3 Community Commercial MU -L-1 Mixed Use Low Intensity 1 R-3 Multi -Family Residential C-4 General Commercial MU -L-2 Mixed Use Low Intensity 2 PUD Planned Unit Development CBD Central Business District MU -L-3 Mixed Use Low Intensity 3 IPUD Infill Planned Unit Development PCD Planned Commercial Development MU -4 Mixed Use 4 MHPD Mobile Home Planned Development REC Recreation MU -H Mixed Use High C-1 Office Professional PU Public Usage PID Planned Industrial Development locatio M-1 Light Industrial f. Maximum Heights of WCF (Table 3-30). -18- Page 712 of 960 Non- Non- Mitigatio Antenna Zoning Concealed Concealed Co - concealed concealed n of Element Distric Attached Freestandin locatio Attached Freestandin Existing Replacemen t WCF g WCF n WCF g WCF WCF t R-1 3,4 6 7 R-2 2 3,4 6 7 -18- Page 712 of 960 597 598 599 600 601 602 603 604 605 606 607 W 6010 611 612 613 614 615 R-3 1 2 3,4 6 7 PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MHPD 3,4 6 7 C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PU 1 2 3,4 4,5 6 7 S M U 1 2 3,4 6 7 MU -L- 1 1 2 3,4 6 7 MU -L- 2 1 2 3,4 6 7 MU -L- 3 1 2 3,4 6 7 MU -4 1 2 3,4 6 7 MU -H 1 2 3,4 6 7 PID 1 2 3,4 4,5 6 7 M-1 1 2 3,4 4,5 6 7 roornores: 1 Concealed attached WCF shall only be allowed on buildings that are a minimum of forty (40) feet in height, not to exceed fifteen (15) feet above the roofline. 2 Non -concealed attached WCF are allowed only on utility poles and freestanding lights that are more than forty (40) feet in height, and located within a public right-of-way (subject to agreement with the agency representative withjurisdiction over the right-of-way and/or the utility company) or on existing ball park light poles that are more than fifty (50) feet in height. The total length of any antenna shall not exceed fifteen percent (15%) of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use (school, church, etc.). Maximum height is limited to twenty-five (25) feet above the maximum building height of the zoning district. 4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred (100) feet if located less titan one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use. In all mixed use districts height is limited to approved building height or seventy (70) feet whichever is less. 5 Only when located on city -owned property of two (2) acres or more. 6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. -19- Page 713 of 960 617 618 619 620 621 622 623 g. Setbacks and Separation Between WCF (Table 3-31). Zoning Distric t Concealed Attached WCF Non- concealed Attached WCF Concealed Freestandin g WCF Non- concealed Freestandin g WCF Mitigatio n of Existing WCF Antenna Element Replacemen t Co - locatio n R-1 3,4 6 7 R-2 2 3,4 6 7 R-3 1 2 3,4 6 7 PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MHPD 3,4 6 7 C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PU 1 2 3,4 4,5 6 7 SMU 1 2 3,4 6 7 MU -L- 1 1 2 3,4 6 7 MU -L- 2 1 2 3,4 6 7 MU -L- 3 1 2 3,4 6 7 MU -4 1 2 3,4 6 7 MU -H 1 2 3,4 6 7 PID 1 2 3,4 4,5 6 7 M-1 1 2 3,4 4,5 6 7 Footnotes: 1 Concealed attached WCF shall only be allowed on buildings that are a nium mm of forty (40) feet in height, not to exceed fifteen (15) feet above the roothre. 2 Non -concealed attached WCF are allowed only on utility poles and freestanding lights that are more titan forty (40) feet in height, and located within a public right-of-way (subject to agreement with the agency representative withjurisdiction over the right-of-way and/or the utility company) or on existing ball park fight poles that are more than fifty (50) feet in height. The total length of any antenna shall not exceed fifteen percent (15%) of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use (school, church, etc.). Maximum height is limited to twenty-five (25) feet above the maximum building height of the zoning district. _20_ Page 714 of 960 6624 25 residential A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. In industrial districts, except where prolubited in a mixed use pod with a component within a PID, the maximum height shall be limited to one hundred (100) feet if located less titan one thousand (1,000) feet from a residential use, and one 626 hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use. In all mixed use districts height is hunted to approved budding height or seventy (70) 627 feet whichever is less. 628 5 Only when located on city -owned property of two (2) acres or more. 6629 30 use. Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent residential e. 631 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. 632 633 634 Section 10. Should any section or provision of this Ordinance or any portion 635 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 636 not affect the remainder of this Ordinance. 637 Section 11. Authority is hereby given to codify this Ordinance. 638 Section 12. This Ordinance shall become effective immediately. 639 FIRST READING this day of , 2016. 640 SECOND, FINAL READING AND PASSAGE this day of 641 2017. 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO -21- Page 715 of 960 0 rn O a� c� nd a m d m d m d m d m .@ Old N N b C I-II a H-nin Um a�om a�om a� b'I-nN s�-nin m m m a a a U b z�-nin I'I-nin m m m a a a U nips a a a a U a m a m a a U a OgU m m m m U U U a a z a a � a o U .a � z -U w a dHN Ond a a a U �Clfldl a a a t� p NO .ti Z -2I � a a a �i I -2I � U � 0.. o a 0.. d -I -2I U m a m a s ddi'd Um am as gVVI'd Um am as Jr LLUd d W Qb Qb Q 2U 0 rn O a� c� u au j j / jG j / j2 jg / \ \ ±2± ƒ ) \ - N d iv N d iv N d iv .a d L 0 N 0 N 0 N al .•I �� a� a� a� �� a-1 � co 0.. 0.. 0.. 0.. � 0.. � 0.. 0 0.. 0.. 0.... 0 0 0.. 0.. 0.. � 0.. co 0.. 0.. 0.. 0.. a a m a a a a a a a a U U a ° o co 0.. co 0.. co co 0.. � co 0.. co 0.. T 3 O C 0 0 N d 0 N d �O LL LL LL LL P LL LL LL LL LL LL m LL m U LL LL m LL o � o� o o� o 0.. 0.. 0.. 0 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. 0.. a a a 0 a a a a a a a a a n a a a U w x 00 0 0� ova m U w w o � co co co 0. U o N � . N N 0.. oN d m 0.. P. 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W 0.. r W � r W U U U W U r W U to U to U W U U W U F dJ b C v ( /} \\ !! 7 \ «a } =/7 : : )/22 / \ \ \ )_ ea \� DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 16-047 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: November 16, 2016 RE: Amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to begin implementing the Community Redevelopment Plan with the establishment of the new Mixed Use 4 (MU -4) Zoning district including amendments or additions to definitions, site development standards, zoning uses, and urban design standards; and Amendments to the LAND DEVELOPMENT REGULATIONS Chapter 3, Article III, Section 2.G to eliminate the minimum and maximum lot area standards for the Infill Planned Unit Development Zoning District (IPUD). OVERVIEW The rewrite of the City's land development regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would further business and economic development opportunities, make adjustments to standards based on new findings, and more importantly, begin the implementation of the newly adopted Community Redevelopment Plan. -1- Page 728 of 960 EXPLANATION Proposed MU — 4 Zoning District Although the CRA Plan will undergo comprehensive implementation in 2017, requiring an "audit" of existing zoning and other land development regulations for consistency with the many recommendations of the Redevelopment Plan, some Plan recommendations have immediate application to current or pending development applications and are therefore being implemented incrementally. The CRA Plan (fka "the Consolidated Plan") was adopted on October 4th which updated the vision for the CRA area to include, in part, greater densities and intensities within key areas in the downtown such as around the future passenger train station and at the proposed activity "node" envisioned at the intersection of US -1 and Woolbright Road. The Plan also recommends that the density/intensity void between the two highest zoning districts, the Mixed use -High and Mixed use -Low 3 be filled with .a new district. Specifically, from the Land Use & Zoning Section, a recommendation reads: "Transition from two to three future land use classifications, and from four to five urban mixed use zoning districts. An steep increase in density and height caps between the Mixed Use and the Mixed Use Core classifications within the existing structure—from 40 DU/Acre to 80 DU/Acre and from 75 feet to 150 feet—makes for a gap that hinders future creation of a desired urban form and urban identity for the Downtown and adjacent districts of the CRA. There is no zoning district within the Mixed Use Core classification that would bridge the 40 DU/Acre density gap, and the existing supplemental regulations created to address the vast difference in scale for potential proximity of developments under the Mixed Use and Mixed Use Core classifications are inadequate. Replacing of the Mixed Use future land use classification with Mixed Use Medium land use, classification and introducing new zoninq district, MU -4 (under the Mixed Use High category) with intermediate density thresholds. The density caps for the new FLU classification and the new zoning district -50 DU/Acre and 60 DU/Acre, respectively—have been established specifically to support the appropriate continuum of scale, addressing the described above density gap." The various chapters and sections of the LDR to be amended to establish the MU -4 District, and proposed changes, are summarized below and shown in underlined/crossed-out format in the attachments. • Terms and Definitions (LDR Chapter 1, Art. II) — Existing definitions for affected zoning districts would be amended to incorporate the new MU -4 District. -2- Page 729 of 960 • Zoning Districts and Future Land Use Classifications (LDR Ch. 1, Art. III, Sect. 3.13. Table 1.1) — Table 1.1 would be amended to establish the new District and its relationship to the corresponding Future Land Use Classification, Mixed Use Core. • Official list of zoning districts and short titles (LDR Ch. 3, Art. I, Sect. 4) — This list corresponds with the City's Official Zoning Map and is the official list of zoning districts and represents the opening section of the Zoning Regulations for the LDR. • Building and Site Regulations (LDR Ch. 3, Art. III, Section 1) — Table 3-4, and identical Table 3-21, contain the building and site regulations for each of the mixed-use zoning districts for the urban (i.e. CRA) area. These tables and the other sections of this chapter will receive a more thorough evaluation (i.e. "audit") as part of the comprehensive implementation of the new CRA Plan; however, in the interim the standards for this new district are a factor of the MU -L3 and MU -H Districts. Except where the MU -4 is intended to bridge t the gap between the MU -L3 and MU -H Zoning Districts (see maximum height and maximum density), the standards for the MU -H Districts are being used given the similarity in design and role in the redevelopment of downtown. Staff is also using this opportunity to amend these tables for consistency with the CRA Plan direction relative to the intended locations for the mixed use districts. As indicated in the current version of the tables (see attachments), standards varied depending on the type or class of roadway on which the project fronts. Instead the locations intended for each district is clearly specified in the Plan within the respective planning "Districts". Due to the significant reformatting of the table, and for readying the tables for ultimate ordinance format, the entire table will be shown underlined even though the only changes regard the MU -4 District, the new Pedestrian Zone Requirement, and the corresponding footnotes. It is staffs intention to minimize the amendments to this table, leaving the updates as part of the more thorough examination during the implementation audit. • Mixed Use District Descriptions (LDR Ch. 3, Art. III, Section 5) — This section would be amended to include the basic definition/description of the zoning district, including purpose and intent, some repeated development standards, and reference to the newly adopted Redevelopment Plan. • Zoning Use Matrix (LDR, Ch. 3, Art. IV, Sect. 3.13) — This table is the heart of the zoning regulations as it contains the list of all permitted, conditional and accessory uses for each of the zoning districts. If the subject request is approved, the Use Matrix would be populated to include the new district and the corresponding permitted, conditional, and accessory uses (any use not specifically listed would be prohibited unless the use matrix is interpreted to allow a given use as being comparable or similar to a listed use). The thought process used in selecting the uses for the new district was based on the general vision represented by the Redevelopment Plan for each of the planning districts. Although staff was tempted to propose similar amendments to the other mixed use districts for consistency, staff determined that such amendments should result from the comprehensive amendment process, including, if identified at that time, revisions to the MU -4 District. -3- Page 730 of 960 • Zoning Use Matrix Notes (LDR, Ch. 3, Art. IV, Sect. 3.13) — Special restrictions or provisions that correspond with a given use and zoning district are listed in the Use Matrix Notes and immediately follow the Use Matrix in Section 3.D. The few amendments needed to add the MU -4 District are indicated in the attached exhibit, and are self-explanatory. • Wireless Communications Facility standards (LDR, Ch. 3, Art. 5, Sect. 13) — Table 3-29 is proposed to be amended to for consistent regulating of proposed towers or antennae within this new district.. Table 3-29 indicates the review process for the type of tower/antennae improvement and zoning district. • Exterior Building and Site Design Standards (LDR, Ch. 4, Art. 3, Sect. 5) — Minimal amendments are planned for this initial and incremental stage. Proposed elimination of minimum & maximum sizes for IPUD Zoning The IPUD (Infill Planned Unit Development) Zoning District was established in 2002 for the purpose of allowing design flexibility at higher densities to accommodate infill and redevelopment on parcels less than five (5) acres in size, which is the minimum size standard for the PUD (Planned Unit Development) Zoning District. Whereas the PUD Zoning District was written to accommodate and guide the development of large planned residential developments within the suburban areas of the City, the IPUD Zoning District was originally intended for new development or redevelopment proposed within the northern or southern segments of the Federal Highway corridor, along the eastern fringes of the CRA. Consistent with tradition, flexible development standards were incorporated into the ordinance, along with general design objectives, and minimum and maximum lot size standards. The minimum size standard for the IPUD Zoning District was originally set at one (1) acre, as it was felt that at least one acre would be necessary to accommodate adequate space for substantial landscaping, residential compatibility standards, setbacks and optimal layout and design, to achieve a development standard similar to the quality intended for the Planned Unit Development Zoning District. After recent review and consideration against the new vision for the CRA, and need for development incentives and zoning for small parcels that cannot be assembled and developed under a mixed-use zoning district, and/or where the Plan recommends the Special High Density Residential Land Use Classification rather than one of the mixed-use zoning districts, staff recommends the removal of the minimum size threshold. Staff acknowledges that the urban setting does not call for extensive setbacks and greater buffering that is characteristic of the PUD Zoning District and the suburban environment, and that the intended design character of small residential infill projects can be achieved with the overlay standards and the existing compatibility requirements within the IPUD regulations (the Urban Commercial District Overlay Standard Zone regulations establish a common front setback for a given roadway corridor regardless of zoning district). -4- Page 731 of 960 Staff also recommends that the maximum standard of 5 acres be removed to allow for flexibility and development of slightly larger residential projects that may exceed the 5 acre threshold within the urban area, where application of the suburban -based PUD development standards is unintended. For example, this amendment would support the Community Redevelopment Plan recommendation for a cottage district development within the Heart of Boynton, which would exceed 5 acres if all land with the given study area is assembled. Lastly, the proposed amendments to the purpose and intent section of the zoning regulations is to achieve conformity with the updated Community Redevelopment Plan and consolidation of the individual plans. The proposed amendments are indicated in the attached excerpt from the Land Development Regulations, LDR Chapter 3, Article III, Section 2.G. IPUD Infill Planned Unit Development District. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to commence the implementation of the City's new Community Redevelopment Plan and to support continued quality development and redevelopment of the downtown and remaining CRA area. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 16-006 MU -4 zoning district\Staff Report - MU4, IPUD area, medical accessory.doc -5- Page 732 of 960 ATTACHMENTS Proposed MU — 4 Zoning District Page 733 of 960 ATTACHMENTS Proposed Elimination of IPUD Size Standards Page 734 of 960 Proposed Zoning District: MU — 4 (Mixed Use 4 Zoning District) LDR Chapter 1, Art. II. Definitions CONVENTIONAL ZONING DISTRICT - All zoning districts which are not planned zoning districts. Whenever the words "conventional district" or "conventional zoning district" are used, they are construed to exclude any or all of the following zoning districts: IPUD infill planned unit development; PUD planned unit development; MHPD mobile home planned development; PCD planned commercial development; SMU suburban mixed use; MU -1-1 mixed use -low intensity 1; MU -1_2 mixed use -low intensity 2; MU -1_3 mixed use -low intensity 3; MU -4 mixed use; MU -H mixed use -high intensity; and PID planned industrial development. MIXED USE ZONING DISTRICT - Whenever the words "mixed use district" or "mixed use zoning district" are used, they are construed to include any or all of the following zoning districts: SMU suburban mixed use; MU -1-1 mixed use -low intensity 1; MU -1_2 mixed use -low intensity 2; MU -1_3 mixed use -low intensity 3; MU -4 mixed use 4; and MU -H mixed use -high intensity. PLANNED ZONING DISTRICT - A zoning district in which the zoning of the is accompanied by and conditioned upon an approved master plan for the use and/or development of the property. Whenever the words "planned district" or "planned zoning district" are used, they are construed to include any or all of the following zoning districts: IPUD infill planned unit development; PUD planned unit development; MHPD mobile home planned development; PCD planned commercial development; SMU suburban mixed use; MU -1-1 mixed use -low intensity 1; MU -1_2 mixed use -low intensity 2; MU -1_3 mixed use -low intensity 3; MU -4 mixed use 4; MU -H mixed use -high intensity; and PID planned industrial development. Page 735 of 960 Proposed Zoning District: MU — 4 (Mixed Use 4 Zoning District) LDR Chapter 1, Art. III. Relationship to Comprehensive Plan, Section S.B. Table 1.1 Page 736 of 960 Future Land Use Map (FLUM) Classification (including maximum dwelling units per acre) Zoning Districts LDR (� MoDR (7.5) McDR (10) HDR (11) SHDR (20) OC LRC GC MXS (20) MX (40) MX- (80) I R PPGI llR1 R-1- AAB <5 R -1 -AA 15.5 R -1-A <6 R-1 <7.5 R-2 <10 R-3 IPUD PUD MHPD C-1 C-2 C-3 C-4 CBD PCD SMU MU -L1 <20 MU -L2 MU -L3 MU -4 MU -H M-1 PID REC PU LDR: Low Density Residential MXS: Mixed Use Suburban MoDR: Moderate Density Residential MX: Mixed Use McDR: Medium Density Residential MX -C: Mixed Use Core HDR: High Density Residential L Industrial SHDR: Special High Density Residential R: Recreation OC: Office Commercial PPGL Public & Private Government/Institutional LRC: Local Retail Commercial DRI: Development of Regional Impact GC: General Commercial Page 736 of 960 Page 737 of 960 Proposed Zoning District: MU — 4 (Mixed Use 4 Zoning District) LDR Chapter 3, Art. I. Authority, Sect. 4. Official Zoning Map C. Establishment of Zoning Districts. The City of Boynton Beach is hereby divided into zoning districts as follows and as delineated on the official zoning map which, together with all explanatory matter thereon, is hereby declared a part of the official zoning regulations: R-1-AAB Single-family residential district R -1 -AA Single-family residential district R -1-A Single-family residential district R-1 Single-family residential district R-2 Single- and two-family residential district R-3 Multi -family residential district IPUD Infill planned unit development district PUD Planned unit development district MHPD Mobile home planned development district C-1 Office and professional commercial district C-2 Neighborhood commercial district C-3 Community commercial district C-4 General commercial district CBD Central business district PCD Planned commercial development district SMU Suburban mixed use district MU -L1 Mixed use -low intensity 1 district MU -L2 Mixed use -low intensity 2 district MU -L3 Mixed use -low intensity 3 district MU -4 Mixed use 4 MU -H Mixed use -high intensity district M-1 Industrial district PID Planned industrial development district PU Public usage district REC Recreation Page 738 of 960 Proposed Zoning District: MU — 4 (Mixed Use 4 Zoning District) LDR Chapter 3, Art. III. Sect. 1. Overview, E. Mixed -Use Urban Building and Site Regulations (Table 3-4) MIXED USE, URBAN MU -Ll MU -L2 MU -L3 MU -4 MU -H Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 100 1502 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)5 45 65 75 100 150/1256 Maximum Density (DUs/Acre) 14,16 20 30 40 60 80 Maximum F.A.R.15 1.0 2.0 3.0 4.0 4.0 Build -to -line (ft.)": All sides abutting a collector or arterial road Factor of Pedestrian Zone Reguirement10 Abutting a Local street 010 010 010 010 010 Interior side 010 010 010 010 010 Building Setbacks, Minimum (ft.)": Rear abutting: Residential single-family 25'/0''' 25' 25' 25' 25' Intracoastal waterway 25' 25' 25' 25' 25' Side abutting Residential single-family 25'/0''' 25' 25' 25' 25' Usable Open Space, Minimum (sq. ft.)13 N/A N/A N/A 10/0 2% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. hundred (100) feet fipom the MT -144 zoning distfiot line and shall require 0anditional use approval. For propeAies abufting t4a MU 44 di4riet 10ented east 4J48 1, t4e RrPR 4morease 4* lwig4t s4all 0?4014d, R dis4R440P 4 044P 14oa&e4 (100) t��et 4em 41ip M44 Nzemng 4istriet line aR4 s4all reqoire A 5. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU -L or residential zoning district not separated by a right-of-way. 7. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 8. Where there is an intervening right-of-way of at least forty (40) feet. 9. Subject to permitting agency approval. 10. Buildings and structures shall be located no farther than zero (0) feet from the property line, o.,,a..,ling t ase :.44Riiepg ,. wre s..-:,.. Rdilerofleo W'S (2) rfg4tS + except in conjunction with providing required visibility at intersections, driveways: oven spaces and public plazas: or when additional setback is necessary to provide for required "Pedestrian Zone (PZ). Building placement is a factor of roadwav type and CRA district, which determines the min. width and design of the PZ. Except for the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts is 16 ft. See Section 5.C.2. below for additional relief provisions from build -to line requirements. 11. Listed eligible historic structures are not required to meet these standards. 13. Usable open space shall be required for all developments two (2) acres in size or larger - shall be devoted to ,wale spore spaeo, nsistm4g 4plazas or other public open space, excluding private recreation. See Chapter 4, Article III, Section 8 for additional regulations. 14. Projects within the transit core shall have minimum densities as follows: MU -Ll -eleven (11), MU -L2 -twenty (20), MU -L3 -thirty (30), MU -4 - thirty-five (35) and MU -H -forty (40) dwellings per acre (except that minimum density for the MU -H district applies to projects located within the entire station area). 15. Projects within the transit core shall have aminimum FAR as follows: MU -L3 -one and three-quarters (1.75), MU -4 (2.0) and MU -H -two (2.0) (except that minimum FAR for the MU -H district applies to projects to be located within the entire station area). 16. The maximum density for projects within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) maybe increased up to twenty-five percent (25%) over the maximum density allowed in the underlying zoning district. Page 739 of 960 Proposed Zoning District: MU — 4 (Mixed Use 4 Zoning District) LDR Chapter 3, Art. III. Sec. 5. Mixed -Use (Urban) Districts. A. General. 1. Purpose and Intent. The mixed-use (urban) zoning districts ^rem implement the c -Community rRedevelopment pPlans, in part, by providing for a mixture of land uses, accommodating varying densities and intensities appropriate for each planning area, and by establishing quality streetscapes and pedestrian environments as part of a compact urban setting. These districts also intended support transit ridership and in particular, the development of transit -oriented developments near planned passenger train stations along the FEC Railroad corridor, such as the designated location along Northeast 4th Street, between Boynton Beach Boulevard and Ocean Avenue. Additional standards and requirements of this section are based on the proximity to the planned train station, and location within the transit core, which is defined as the area extending one-quarter (1/4) mile from the train station (see map # to be determined). To ensure compliance with these Regulations, an application for site plan approval shall be required and reviewed concurrently with any request to rezone lands to a mixed-use (urban) district, except as provided in Section 2.D. Le. Also see Chapter 4, Article III, Section 6.H. for design and compatibility standards, as well as the urban design guidelines for development within the Boynton Beach c -Community rRedevelopment -aArea (urban design guidelines). The objectives of the mixed-use (urban) districts are as follows: a. Support and enhance revitalization efforts in the city's traditional commercial core area through the provision of compact, transit -supportive, high density and intensity development; b. Allow for commercial services to be provided to new residential developments in planned locations with appropriate densities, heights, and mixtures of uses; c. Create optimal pedestrian environments and spaces through well located public plazas, expanded public sidewalks, maximized internal and external interconnectivity and design of pedestrian -friendly vehicular circulation areas; d. Allow flexibility in architectural design and building bulk while maximizing compatibility and harmony with adjoining development; e. Create surrounding areas that complement rather than compete with the downtown; and f. Create higher quality environments for residents, businesses, employees, and visitors as determined by how well the urban centers function seamlessly with respect to interconnectivity between the principal uses, activity centers, and transportations systems, forming a cohesive and desirable sense of place. 2. Description of Districts. a. Mixed Use -Low Intensity 1 (MU -L 1). The MU -L 1 district implements the mixed use (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of twenty (20) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is twenty-five (25) dwelling units per acre. In addition, projects located within the transit core of the Station Area shall have a minimum density of eleven (11) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. b. Mixed Use -Low Intensity 2 (MU -L2). The MU -L2 district implements the mixed use (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of thirty (30) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is thirty-seven and one-half (37.5) dwelling units per acre. In addition, projects located within the transit core of the Station Area shall have a minimum density of twenty (20) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. c. Mixed Use -Low Intensity 3 (MU -L3). The MU -L3 district implements the mixed use (MX) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of forty (40) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is fifty (50) dwelling units per acre. In addition, projects located within the transit core of the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. d. Mixed Use -4 (MU -4). The MU -4 district implements the mixed use core (MX -C) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of si2ity(60) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is seventy five (75) dwelling units per acre. In addition, projects located within the transit core of the Station Area shall have a minimum densitv of thirtv five (35) dwelling units per acre. This minimum densi , requirement shall be applicable to an,such project regardless of whether the site is partially or entirely located within the transit core. The intent of this new district is to facilitate the establishment of high density Page 740 of 960 and intensity development nodes at strategic locations that support downtown redevelopment, while in certain location also providing proper continuum of, or transition in scale between the Mixed Use High (MU -H) and Mixed Use - Low 3 (MU -L3) Districts. e. Mixed Use -High Intensity (MU -H). The MU -H district implements the mixed use core (MX -C) future land use map (FLUM) classification of the Comprehensive Plan and has a maximum residential density of eighty (80) dwelling units per acre, except within the Downtown Transit -Oriented Development District (DTODD) Overlay Zone (the Station Area), where the maximum density is one hundred (100) dwelling units per acre. In addition, projects located within the Station Area shall have a minimum density of thirty (30) dwelling units per acre. This minimum density requirement shall be applicable to any such project regardless of whether the site is partially or entirely located within the transit core. The intent of this district is to supplant the central business district (CBD) in the historic downtown and marina district. 3. Location and General Use Requirements. a. General. The mixed use (urban) districts are intended for projects that promote sustainable design with respect to land use, energy conservation, resource management, and social equity. Rezoning to any of these districts is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. The mixed use (urban) zoning districts shall be applied to selected geographic areas east of I-95, where a mixture of uses and building intensities is intended to implement the city's Comprehensive Plan, r -Redevelopment pPlans, and urban design guidelines including goals involving compact design, transit -oriented development, employment, population, transportation, housing, public facilities, and environmental quality. Permitted uses and associated standards for development vary between the zoning districts each reflecting the importance of the district's location and relationship to the downtown. Maximum heights, densities, and intensities of development are regulated to achieve, in part, the intended vision as established within the Redevelopment Plan for each of the six planning districts, while ensuring land use compatibility ^ ^rdii4g +^ tl4e elans'f eatiE)' ^f tl4e rE)ad ^ tl4at ^,.,,.s tl4e ^ eet A master plan as a whole, comprised of individual buildings and parcels, would be reviewed for compliance with the requirements below pertaining to a residential component to the project, and commercial use on the first floor of a project. Projects not meeting the requirement for a residential component shall be reviewed for contribution to employment targets in accordance with FDOT standards for a community center TOD. b. All Mixed Use -Low Intensity Districts. Mixed use -low intensity 1 (MU -L 1), mixed use -low intensity 2 (MU -L2), and mixed use -low intensity 3 (MU -L3). (1) In order to complement the revitalization efforts in the downtown area, the MU -L zoning districts shall be applied to lands consistent with the Comprehensive Plan and respective redevelopment plans. Such areas are generally described as Woolbright Road between I-95 and the FLC Railroad, Boynton Beach Boulevard between I-95 and Northwest 1 st Street, Martin Luther King Jr. Boulevard, Southeast 4th Street south to Southeast 5th Avenue, and Ocean Avenue between Southeast 4th Street and Southeast 1 st Street. See the respective redevelopment plan for specific recommendations on locations and boundaries. (2) The MU -L districts are appropriate for low- to mid -rise developments that provide for medium density residential and low to medium intensity commercial and office uses. (3) The review of these applications will emphasize compactness, aesthetics and design quality, and physical compatibility with adjacent land uses. (4) Except where limited by Table 3-21 in Chapter 3, Article III, Section S.C., all new developments within the MU -L 1 and MU -L2 districts that contain a non-residential use shall front on streets designated as "arterial", or "collector", roadways on the Functional Classification of Roadways Map. All projects within the MU -L3 district and proposed within the transit core must contain a residential component, and all projects proposed within the mixed use - low intensity districts that front on an arterial road must have space on the first floor devoted to commercial use. (5) Maximum height may be further limited in certain geographic areas to further applicable redevelopment plans and maintain compatibility with an abutting single-family district. c. Mixed Use- 4 (MU -4). (1) The mixed use -high intensity (MU -4) district shall only be applied to lands classified as mixed use -core (MX -C) on the future land use map as recommended by the Community Redevelopment Plan. (2) The MU -4 district is appropriate for high density/intensity development intended for designated nodes such as properties at the intersection of US -1 and Woolbright Road, and the downtown area, which is generally located east of the FEC Railroad, including the marina district, and which extends out from the planned train station by approximately three (3) to four (4) blocks. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) must contain a residential component and have space on the first floor which shall be devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. Page 741 of 960 (3) All new developments within this district shall front on streets designated as "arterial" roadways on the Functional Classification of Roadways Map. d. Rezoning of Single-family Districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height, density and intensity of development SHALL BE CONSISTENT WITH THE REDEVELOPMENT PLAN FOR THE REDEVELOPMENT DISTRICT base' en 444 readway f ei4age; (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one and one-quarter (1.25) foot (depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning ed. Mixed Use -High Intensity (MU -H). (1) The mixed use -high intensity (MU -H) district shall only be applied to lands classified as mixed use -core (MX -C) on the future land use map. (2) The MU -H district is appropriate for high density/intensity development intended for the downtown area, which is generally located east of the FEC Railroad, including the marina district, and which extends out from the planned train station by approximately three (3) to four (4) blocks. Such developments shall include a mix of uses designed in a compact vertical style. Developments proposed within the Downtown Transit -Oriented Development District Overlay Zone (the Station Area) must contain a residential component and have space on the first floor which shall be devoted to commercial uses for those portions of the project having frontage along Ocean Avenue or an arterial road. (3) All new developments within this district shall front on streets designated as "arterial" roadways on the Functional Classification of Roadways Map. de. Rezoning of Single-family Districts. All requests to rezone any single-family residential district to a mixed use zoning district shall be subject to the following additional requirements: (1) Height, density and intensity of development based on 444 readway fent ge the standards indicated in Table 3-21; (2) Ratio of lot frontage to depth that is no more than one (1) foot (frontage) to one and one-quarter (1.25) foot (depth); (3) Vehicular access to the property located to minimize impacts on adjacent single-family developments and meet safety standards; and (4) Landscape barriers provided, in accordance with the landscape regulations of this Code, where the rezoned property abuts single-family residential zoning. B. Use(s) Allowed. See "Use Matrix, Table 3-28" in Chapter 3, Article IV, Section 3.D. C. Building and Site Regulations. Page 742 of 960 Sect. 5.C.1. Building and Site Regulations (Table 3-21). MIXED USE, URBAN MU -Ll MU -L2 MU -L3 MU -4 MU -H Lot Area, Minimum (acres): Public park N/A N/A N/A N/A N/A All other uses 0.50 0.75 1 1 1 Lot Frontage, Minimum (ft.)' 100 100 1502 200 200 Structure Ht., Minimum (ft.) 30 30 30 45 45 Maximum Height (ft.)5 45 65 75 100 150/1256 Maximum Density (DUs/Acre) 14,16 20 30 40 60 80 Maximum F.A.R.15 1.0 2.0 3.0 4.0 4.0 Build -to -line (ft.)": All sides abutting a collector or arterial road Factor of Pedestrian Zone Requirement10 Abutting a Local street Oto Oto Oto Oto Oto Interior side 010 010 010 010 010 Building Setbacks, Minimum (ft.)": Rear abutting: Residential single-family 25'/0',' 25' 25' 25' 25' Intracoastal waterway 25' 25' 25' 25' 25' Side abutting Residential single-family 25'/0''' 25' 25' 25' 25' Usable Open Space, Minimum (sq. ft.)13 N/A N/A N/A 1% 2% 1. Maybe reduced if frontage extends from right-of-way to right-of-way. 2. Minimum of fifty (50) feet, if frontage is on a collector/local collector roadway. east of US 1, t4a a-rea of i4iorame 44 height shall extand A diq*A4400 of 0440 hundred (100) feet fipom the MT -144 zoning distriot line and shall require 5. Maximum height on any street frontage is forty-five (45) feet. Maximum height on Intracoastal Waterway is thirty-five (35) feet. Heights may require reduction where adjacent to a single-family zoning district where necessary to achieve the compatibility requirements of these regulations. 6. Maximum height reduced to one hundred twenty-five (125) feet for the entire project where property abuts any MU -L or residential zoning district not separated by a right-of-way. 7. Plus one (1) additional foot for each foot of height over thirty-five (35) feet. 8. Where there is an intervening right-of-way of at least forty (40) feet. 9. Subject to permitting agency approval. 10. Buildings and structures shall be located no farther than zero (0) feet from the property line, o.,,a..4ing t ase :.44Riiepg ,. wre strict Rdlierofleo two (2) rights of 1 except in conjunction with providing required visibility at intersections, driveways open spaces and public plazas: or when additional setback is necessary to provide for required "Pedestrian Zone (PZ). Building placement is a factor of roadway type and CRA district, which determines the min. width and design of the PZ. Except for the Downtown District, where the minimum PZ width is 18', the minimum PZ in all other districts is 16 ft. See Section 5.C.2. below for additional relief provisions from build -to line requirements. 11. Listed eligible historic structures are not required to meet these standards. 13. Usable open space shall be required for all developments two (2) acres in size or larger- A :. Ff-,xo- . are e. -t 1-2, ) 'aF ka 4te-which shall be devoted to ,wale aper spaeo, nsistm4g 4plazas or other public open space, excluding private recreation. See Chapter 4, Article III, Section 8 for additional regulations. 14. Projects within the transit core shall have minimum densities as follows: MU -Ll -eleven (11), MU -L2 -twenty (20), MU -L3 -thirty (30), MU -4 - thirty-five (35) and MU -H -forty (40) dwellings per acre (except that minimum density for the MU -H district applies to projects located within the entire station area). 15. Projects within the transit core shall have aminimum FAR as follows: MU -L3 -one and three-quarters (1.75), MU -4 (2.0) and MU -H -two (2.0) (except that minimum FAR for the MU -H district applies to projects to be located within the entire station area). 16. 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W 0.. r W � r W U U U W U r W U to U to U W U U W U F dJ b C v O 0 (N LD I— (1) 0) (6 ( /} \\ !! 7 \ «a } =/7 : : )/22 / \ \ \ )_ ea \� O O LD LD I— (1) O) (6 Proposed Zoning District: MU — 4 (Mixed Use 4 Zoning District) LDR Chapter 3, Art. IV., Sect. 3. Use Regulations D. Use Matrix Notes 41. Hotel & Motel (includes Boutique, Extended -stay, Apartment, Timeshare Apartment). a. C-3 District. Timeshare hotel shall comply with R-3 district regulations. Boutique hotels are not listed as permitted uses. b. C-4 District. Boutique hotels and timeshare hotels are not listed as permitted uses. c. CBD District. Apartment hotels require conditional use approval. d. PCD District. Timeshare apartments shall comply with R-3 district regulations. Boutique hotels are not listed as permitted uses. e. SMU District. Hotels require conditional use approval. Apartment hotels, boutique hotels, and timeshare apartments are not listed as permitted uses. Motels are prohibited uses. f MU -L1 District, MU -L2 District, and MU -L3 District. Timeshare hotels are not listed as permitted uses. Boutique hotels and motels are prohibited uses. g. MU -4 District and MU -H District. Boutique hotels require conditional use approval and must be integrated into a commercial or mixed use development and not exceed thirty percent (30%) of the gross floor area of the entire development. Apartment hotels and timeshare apartments are not listed as permitted uses. Motels are prohibited uses. h. PID district. This non -industrial use is allowed within the PID district provided it is located on a lot that has a Hotel (H) land use option. 42. Live -Work Units. a. SMU District. This subsection provides for the use of residential structures to accommodate live/work opportunities. Live -work units shall be specifically designated on the site plan, and comply with the following standards and requirements. These provisions are not applicable to dwellings or occupations that meet the definition of home occupation. All respective site plan pages shall identify all proposed live -work units and buildings. Live -work units shall be tallied in the site plan tabular data. (1) Location. To minimize impacts to the greater neighborhood, units planned for live - work units shall be located at the perimeter of the residential project or along the project's principal roadway, and/or where possible, adjacent to perimeter/external rights-of-way. (2) Use(s): Non-residential uses that are permitted in live -work units are generally limited to professional service, business service, or tutoring services. A listing of common uses permissible in live -work units, subject to issuance of occupational license are located in subsection (16) below. No work activity shall be permitted that by virtue of intensity or number of employees has the potential to create impacts by reason of traffic, parking issues, hazardous materials, or excess waste. The following list identifies the permitted uses within designated live -work units, subject to processing through the city's business tax office: Addressing service/mailing list compiler Arbitrator, mediator services Cleaning services, maid, housekeeping, janitorial Commercial artist/design studio Commercial photography Page 756 of 960 Computer programming service Computer software development Data processing Direct mail advertising services Editing, proofreading, typing service Paralegal Party supplies, rental/leasing (office only, no storage on-site) Private investigator Recording service Secretarial service Boat broker (office only) Alteration, dressmaking shop, tailor Abstract and/or title company Accountant/income tax services Adjusters, insurance Advertising office Apprai ser Architect Attorney Auctioneer (office only) Author Broker Business analyst Calculating and statistical service Court reporting/stenographers Credit reporting Engineer's office Importer/exporter (office only) Insurance agency/bond office Interior decorating Loan company office Market research office Model agency Notary public office Public relations office Real estate sales/management office Travel agency Tutoring or instruction (academics, music, art) Art studio with ancillary sales (3) Floor Area. The minimum floor area of a live -work unit shall be one thousand (1,000) square feet. No more than seven hundred fifty (750) square feet of the live -work unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be reserved and regularly used for sleeping space. (4) Construction. Each live -work unit shall be a separate unit from other uses in the building. The ground floor of all live -work units shall meet the Florida Building Code Page 757 of 960 requirements for mixed occupancy buildings. Each unit, including the garage, shall be separated by walls from other live -work units or other uses in the building. (5) Accessibility. Buildings designated as live -work units shall provide universal accessibility to the front and to the interior space of the non-residential area of the live -work unit from the public sidewalk adjacent to the street. (6) Miscellaneous. No more than two (2) on-site employees, in addition to the resident(s) of the live -work unit, may undertake business activities from said unit. At least one (1) resident of an individual live -work unit shall maintain a current occupational license for a business located in that unit. Acknowledgment, in the form of an affidavit, of the employee limitation shall be made by the unit resident, at the time of application for an occupational license. The work area shall not be rented separately from the living space. b. MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District and MU -H District. The following restrictions apply to projects within zoning districts that contain master plans approved for live -work units: (1) Floor Area. The minimum floor area of a live -work unit shall be one thousand (1,000) square feet. No more than seven hundred fifty (750) square feet of the live -work unit shall be reserved for living space, including kitchen, bathroom, sleeping, and storage areas. The remaining gross floor area of each unit shall be reserved and regularly used for sleeping space. (2) Use(s). The work activity in a building where live -work units are allowed shall be any use permitted by right in the zoning district, except that in order to protect the health and safety of persons who reside in a live -work unit, no work activity shall be permitted that by virtue of size, intensity, number of employees or the nature of the operation, has the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes. (3) Construction. Each live -work unit shall be a separate unit from other uses in the building. (4) Accessibility. Access to each live -work unit shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building. (5) Separation. Each live -work unit shall be a separate unit from other uses in the building. Access to each live -work unit shall be provided from common access areas, common halls, or corridors, or directly from the exterior of the building. (6) Miscellaneous. At least one (1) resident of an individual live -work unit shall maintain a current business tax receipt for a business located in that unit. No portion of a live -work unit may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person not working in the same unit. No live -work unit shall singly be changed to exclusively commercial or exclusively residential use. No conversion of all live -work units in a single structure to exclusively residential use shall be permitted where the work portion of the units is the only commercial use in a project, nor shall conversion to exclusively commercial use be permitted where the live portion of the units is the only residential use in a project. 45. Boat Dealer/Rental. a. C-4 District. Boat dealer/rental, as a principal use, shall exclude the repair or service of vessels on the premises. A boat dealer/rental is allowed as an accessory use to a marina but Page 758 of 960 conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on-site. b. MU -4 District and MU -H District. Boat dealer/rental is allowed as an accessory use to a marina but conditional use approval is required. No exterior loudspeakers or paging equipment shall be permitted on-site. Storage/display allowed only in wet docks or indoor not to exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. 48. Hardware Store. a. CBD District. Excluding lumber or building materials dealers, lawn & garden shops, glass, electrical, plumbing, heating supplies, and the like. b. MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District, MU -H District, and PID District. Indoor storage/ display only and shall not exceed ten thousand (10,000) square feet. c. PID District. This use excludes an on-site lumber yard and any other exterior (outside) activity or storage. 50. Marine Accessories. a. C-2 District. Excluding any installation on premises, and excluding machine shop service. b. MU -L1 District, MU -L2 District, MU -L3 District,MU-4 District and MU -H District. Indoor storage/display only and shall not exceed ten thousand (10,000) square feet. The sales, rental, service, repairs, and storage of marine trailers are prohibited. Marine customizing, detailing, service, parts, or repair is also prohibited. 57. Pharmacy & Drug Store. a. All Districts. No more than fifteen percent (15%) of the total number of prescriptions sold within a thirty (30) day period can be derived from the sale of Schedule 11 controlled substances as listed in F.S. § 893.03. All pharmacies and drug stores shall be staffed by a state licensed pharmacist who shall be present during all hours the pharmacy, or pharmacy function of the drug store, is open for business. This restriction on prescription sales shall not apply to a pharmacy operating accessory to a facility licensed pursuant to F.S. Chapter 395 (e.g., hospital). b. MU -4 and MU -H Districts. Use shall be subject to the following distance separation requirements from similar uses, measured in a straight line, using the shortest distance between property lines shall be the following: (1) Seven hundred fifty (750) feet: For uses with less than five thousand (5,000) square feet of gross floor area; (2) One thousand, five hundred (1,500) feet: For uses with a gross floor area equal to or greater than five thousand (5,000) gross square feet. Page 759 of 960 66. Dry Cleaner. a. All Districts. Cleaning services are limited to retail customers and includes the alteration and/or repair of clothing. b. SMU District, MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District and MU -H District. On-site drop-off and pick-up is allowed as a permitted use; however, any cleaning or laundering activities conducted on the premises requires conditional use approval, and the floor area of such establishment cannot exceed two thousand (2,000) square feet. 70. Postal/Mail Center. a. All Districts. Storage of delivery trucks is prohibited. b. C-1 District. Allowed as an accessory use to a business or professional office or a medical or dental office. Gross floor area shall not exceed two thousand, five hundred (2,500) square feet. c. MU -4 District and MU -H District. This use shall be limited to a maximum gross floor area of two thousand, five hundred (2,500) square feet. 81. Sightseeing & Scenic Tours. a. All Districts. Vehicles used in support of the operation that are of a size in excess of a standard parking stall shall be stored in a zoning district where outdoor storage of vehicles is allowed. b. CBD District, MU -L1 District, MU -L2 District, MU -L3 District, MU -4 District and MU -H District. Sightseeing boats are allowed in conjunction with a marina, including yacht club. Page 760 of 960 Proposed Zoning District: MU — 4 (Mixed Use 4 Zoning District) LDR Chapter 3, Art. V., Sect. 13. Wireless Communication Facilities D.6. e. Zoning Districts and Affiliated Process (Table 3-29). Zoning District Concealed Attached WCF 1 Non -concealed Attached WCF 2 Concealed Freestanding WCF 4 Non -concealed Freestanding WCF 4 Mitigation of Existing WCF 7 Antenna Element Replacement Co -location 8 R-1 C-3 Community Commercial CC 3 R-3 Multi -Family Residential AD AD AD R-2 CBD AD CC3 IPUD Infill Planned Unit Development AD AD AD R-3 AD AD CC3 C-1 Office Professional AD AD AD PUD AD AD CC3 AD AD AD IPUD AD AD CC3 AD AD AD MHPD CC 3 AD AD AD C-1 AD CC AD AD AD C-2 AD CC AD AD AD C-3 AD AD CC AD AD AD C-4 AD AD CC AD AD AD CBD AD AD CC AD AD AD PCD AD AD CC AD AD AD REC AD AD CC CC 5,6 AD AD AD PU AD AD CC CC 5,6 AD AD AD SMU AD AD CC AD AD AD MU -L-1 AD AD CC AD AD AD MU -L-2 AD AD CC AD AD AD MU -L-3 AD AD CC AD AD AD MU -4 AD AD CC AD AD AD MU -H AD AD CC AD AD AD PID AD AD CC CC AD AD AD M-1 AD AD CC CC AD AD AD Legend: AD - Administrative (Stag) Approval CC - City Commission (Public Hearing) Approval Blank - Not Allowed Footnotes: 1 Concealed attached WCF shall only be allowed on building features that are a minimum of forty (40) feet in height, not to exceed fifteen (15) feet above the roofiine. 2 Non -concealed attached WCF are allowed on utility poles and freestanding lights within a public right-of-way, subject to agreement with the agency representative withjurisdiction over the right-of-way and/or the utility company. 3 Concealed freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use (school, church). 4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. Requires conditional use approval. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred (100) feet if located less than one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use. 5 Only when located on city -owned property of two (2) acres or more. 6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent residential use. 7 Replacement WCF with increased height requires public hearing approval. 8 Administrative approval unless on city -owned site and the lease requires each tenant to have a separate lease with city (each lease requires City Commission approval as a lease amendment), or the lease requires written consent letter (City Commission consent agenda). Zoning Districts: R-1 Single -Family Residential C-2 Neighborhood Commercial SMU Suburban Mixed Use R-2 Duplex Residential C-3 Community Commercial MU -L-1 Mixed Use Low Intensity 1 R-3 Multi -Family Residential C-4 General Commercial MU -L-2 Mixed Use Low Intensity 2 PUD Planned Unit Development CBD Central Business District MU -L-3 Mixed Use Low Intensity 3 IPUD Infill Planned Unit Development PCD Planned Commercial Development MU -4 Mixed Use 4 MHPD Mobile Home Planned Development REC Recreation MU -H Mixed Use High C-1 Office Professional PU Public Usage PID Planned Industrial Development M-1 Light Industrial Page 761 of 960 f. Maximum Heights of WCF (Table 3-30). Zoning District Concealed Attached WCF Non- concealed Attached WCF Concealed Freestanding WCF Non- concealed Freestanding WCF Mitigation of Existing WCF Antenna Element Replacement Co -location R-1 3,4 6 7 R-2 2 3,4 6 7 R-3 1 2 3,4 6 7 PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MHPD 3,4 6 7 C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PU 1 2 3,4 4,5 6 7 SMU 1 2 3,4 6 7 MU -L-1 1 2 3,4 6 7 MU -L-2 1 2 3,4 6 7 MU -L-3 1 2 3,4 6 7 MU -4 1 2 3_4 6 7 MU -H 1 2 3,4 6 7 PID 1 2 3,4 4,5 6 7 M-1 j 1 j 2 3,4 4,5 j 6 7 Footnotes: 1 Concealed attached WCF shall only be allowed on buildings that are a minimum of forty (40) feet in height, not to exceed fifteen (15) feet above the roolline. 2 Non -concealed attached WCF are allowed only on utility poles and freestanding lights that are more than forty (40) feet in height, and located within a public right-of-way (subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company) or on existing ball park light poles that are more than fifty (50) feet in height. The total length of any antenna shall not exceed fifteen percent (15%) of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use (school, church, etc.). Maximum height is limited to twenty-five (25) feet above the maximum building height of the zoning district. 4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred (100) feet if located less than one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use. In all mixed use districts height is limited to approved building height or seventy (70) feet whichever is less. 5 Only when located on city -owned property of two (2) acres or more. 6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property fine of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. Page 762 of 960 g. Setbacks and Separation Between WCF (Table 3-31). Zoning District Concealed Attached WCF Non- concealed Attached WCF Concealed Freestanding WCF Non- concealed Freestanding WCF Mitigation of Existing WCF Antenna Element Replacement Co -location R-1 3,4 6 7 R-2 2 3,4 6 7 R-3 1 2 3,4 6 7 PUD 1 2 3,4 6 7 IPUD 1 2 3,4 6 7 MHPD 3,4 6 7 C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4,5 6 7 PU 1 2 3,4 4,5 6 7 SMU 1 2 3,4 6 7 MU -L-1 1 2 3,4 6 7 MU -L-2 1 2 3,4 6 7 MU -L-3 1 2 3,4 6 7 MU -4 1 2 3_4 6 7 MU -H 1 2 3,4 6 7 PID 1 2 3,4 4,5 6 7 M-1 1 2 3,4 4,5 6 7 Footnotes: 1 Concealed attached WCF shall only be allowed on buildings that are a minimum of forty (40) feet in height, not to exceed fifteen (15) feet above the rooflme. 2 Non -concealed attached WCF are allowed only on utility poles and freestanding lights that are more than forty (40) feet in height, and located within a public right-of-way (subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company) or on existing ball park light poles that are more than fifty (50) feet in height. The total length of any antenna shall not exceed fifteen percent (15%) of the height of the existing utility or light pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a non-residential use (school, church, etc.). Maximum height is limited to twenty-five (25) feet above the maximum building height of the zoning district. 4 A minimum separation of seven hundred fifty (750) feet is required between freestanding WCF. In industrial districts, except where prohibited in a mixed use pod with a residential component within a PID, the maximum height shall be limited to one hundred (100) feet if located less than one thousand (1,000) feet from a residential use, and one hundred fifty (150) feet if located in excess of one thousand (1,000) feet from a residential use. In all mixed use districts height is limited to approved building height or seventy (70) feet whichever is less. 5 Only when located on city -owned property of two (2) acres or more. 6 Restricted to a maximum height of one hundred (100) feet. A setback of three (3) times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. Page 763 of 960 9.B. PUBLIC HEARING 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-165- Second Review of proposed Notice of Intent - Group Homes EXPLANATION OF REQUEST. At the December 6, 2016 City Commission Meeting the Commission first reviewed and approved issuance of a Notice of Intent regarding group homes. The Notice of Intent Ordinance requires second review by the Commission following input from members of the public in a public hearing format at the next (12/19/16) Commission meeting. The Notice of Intent has slight revisions to provide clarity and require approval by adoption of a second Resolution. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Adoption of the Notice of Intent stops approval or issuance of applications for group homes until expiration of the study period on June 4, 2017. FISCAL IMPACT. Potential of lost revenue from collection of fees for licenses, permitting, and business tax receipts during moratorium period. ALTERNATIVES: Not adopt moratorium or modify the scope and study period of moratorium. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution Resolution approving revised Notice of Intent Page 764 of 960 REVIEWERS: Department Legal Finance City Manager Reviewer Swanson, Lynn Howard, Tim LaVerriere, Lori IMMIMMMUM Action Approved Approved Approved Date 12/14/2016 - 1:58 PPA 12/14/2016 - 1:58 PPA 12/15/2016 - 10:50 ANA Page 765 of 960 I RESOLUTION NO. R16-165 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, CONFIRMING THE COMMENCEMENT OF 5 A ZONING AND USE STUDY PERIOD INITIATED BY 6 CITY NOTICE OF INTENT 2016-02; DECLARING THE 7 STUDY PERIOD TO CONSTITUTE ZONING IN 8 PROGRESS; DECLARING ADOPTION OF NOI 2016-02 9 AS CITY INTENT TO ADOPT ORDINANCE(S) 10 AMENDING CITY LAND DEVELOPMENT 11 REGULATIONS RELATED TO GROUP HOMES; 12 PROVIDING FOR THE SCOPE OF THE STUDY; 13 PROVIDING FOR RIGHT OF EXTENSION OF THE 14 STUDY PERIOD; PROVIDING FOR ACCEPTANCE OF 15 APPLICATIONS FOR GROUP HOMES, REASONABLE 16 ACCOMMODATION AND BUILDING PERMITS 17 DURING THE STUDY PERIOD; PROVIDING FOR 18 ISSUANCE OF PERMITS FOR GROUP HOMES 19 WITHIN THE CITY OF BOYNTON BEACH, FLORIDA; 20 PROVIDING AN EFFECTIVE DATE 21 22 WHEREAS, on November 10, 2016 the United States Departments of Justice and 23 Housing and Urban Development Released Updated Fair Housing Act Guidance on 24 State and Local Land Use Laws related to group housing; and 25 WHEREAS, on December 6, 2016 the City Commission adopted Resolution R16-164 26 which incorporated City Notice of Intent 2016-02 declaring the commencement of a study period 27 related to City zoning and use regulations concerning group homes; and 28 WHEREAS, the City Commission has conducted a Public Hearing regarding the purpose 29 and scope of Notice of Intent 2016-02; and 30 WHEREAS, the City Commission finds it in the public interest to clarify the scope and 31 effect of Notice of Intent 2016-02 and the Zoning In Progress that corresponds to the study 32 period; and 33 WHEREAS, City Development Department staff and Legal Department staff require {00161147.1 306-9001821} Page 766 of 960 34 time to study the Guidance to determine if revisions should be made to the City Land 35 Development Regulation to address provisions of the Guidance, the scope of which is addressed 36 in the attached Notice of Intent; and, 37 WHEREAS, based upon the above facts and recommendations from City 38 Administration, the City Commission deems it necessary and to be in the best interests of the 39 health, safety, and welfare of the citizens and residents of the City of Boynton Beach, to abate 40 the issuance of any permit for group homes within the City of Boynton Beach, Florida until June 41 4, 2017; and, 42 WHEREAS, the Commission deems it timely and in the best interest of the City and its 43 residents to undertake review and revision of the zoning and use regulations as they relate to 44 group housing within the City of Boynton Beach; and, 45 WHEREAS, the Commission has authority to initiate the review process by resolution 46 and issuance of a Notice of Intent; and, 47 WHEREAS, the Notice of Intent attached to this Resolution as Exhibit "A" represents a 48 formal announcement of said planning activities, and the period during which time all permits 49 for group homes within the City of Boynton Beach will not be issued; and, 50 WHEREAS, this Notice of Intent will be in effect from December 6, 2016 and thereafter 51 up to and including June 4, 2017, unless otherwise terminated or extended by the City 52 Commission by subsequent Resolution following public hearing; and, 53 WHEREAS, the Commission intends that this Resolution constitute zoning in progress 54 and notice of a pending ordinance(s) regarding the group homes within the City of Boynton 55 Beach, Florida until June 4, 2017; and 56 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter {00161147.1 306-9001821} Page 767 of 960 57 166 of the Florida Statutes, the City of Boynton Beach is authorized and required to protect the 58 public health, safety and welfare of its citizens and has the power and authority to enact 59 regulations for valid governmental purposes that are not inconsistent with general or special law; 60 and, 61 WHEREAS, the public health, safety and welfare is a legitimate public purpose 62 recognized by the courts of the State of Florida. 63 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 64 CITY OF BOYNTON BEACH, FLORIDA, THAT: 65 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 66 being true and correct and are hereby made a specific part of this Resolution upon adoption 67 hereof. 68 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 69 confirm the issuance of Notice of Intent 2016-02 as modified in attached Exhibit "A". 70 Section 3. That this Resolution shall become effective city-wide immediately upon 71 passage. 72 Section 4. The revised Notice of Intent 2016-02 shall be posted and copies provided 73 as required by Ordinance 000-053. 74 Section 5. Applications for a Business Tax Certificate or other Development activity 75 for group homes may be accepted by the City but will only be processed when the application 76 conforms with pending regulatory changes or the application is conditioned on conformance 77 pursuant to the pending regulatory change as currently drafted as finally approved, whichever is 78 appropriate. Applications for building permits to construct new buildings or modify existing 79 buildings for group home use may be accepted and processed but applicants proceed at their own {00161147.1 306-9001821} Page 768 of 960 8o risk that a permit for a group home may not be issued based upon the final regulations 81 implemented as a result of this study. 82 PASSED AND ADOPTED this day of , 2016. 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) {00161147.1 306-9001821} CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 769 of 960 NOTICE OF INTENT TO ADOPT PENDING AMENDMENTS TO LAND DEVELOPMENT REGULATIONS NOI #2016-002 Revised STATEMENT OF PURPOSE AND SCOPE OF STUDY The purpose of this revised Notice of Intent is to declare, in anticipation of amendments to the City's Land Development Regulations, a study period to implement revisions to the City's Land Development Regulations related to zoning and use regulations applicable to group homes within the City of Boynton Beach. This revised Notice of Intent is intended to advise current and future individuals or entities that the City is abating its review or approval of group homes for a period up to and including June 4, 2017 to allow the City time to study and apply the recent Joint Statement of the Department of Housing and Urban Development and the Department of Justice related to Local Land Use Laws and Practices and the Application of the Fair Housing Act. The City anticipates that study period will conclude with the adoption of one or more ordinances which relate to zoning and use regulations related to group homes. Current and future owners, operators and occupants of group homes are cautioned to monitor the status of the City's study and the anticipated ordinances that will follow. The City's Notice of Intent process is intended to operate as zoning in progress and notice of the pendency of ordinances which may affect group homes in the City's jurisdictional limits. During the study period, the City will continue to accept applications for reasonable accommodation of group homes. AFFECTED AREA All property within the municipal boundaries of the City of Boynton Beach. GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDR) A. Revisions to land use, zoning and life -safety requirements applicable to group homes that do not constitute intentional or de facto discrimination against prospective occupants of group homes. B. Modification of the City's reasonable accommodation procedures. C. Clarification of per occupant caps related to residential occupancy regulations. D. Inclusion of spacing or dispersal regulations related to group homes. E. Modification of proposed chronic nuisance regulations to group homes. AFFECT ON DEVELOPMENT IF REGULATION ADOPTED {00161143.1 306-9001821} Page 770 of 960 There are no specific current LDR code sections that have been identified for amendment. The study is intended to identify regulations that, if amended, would enhance public safety and promote sound planning, and preserve the aesthetic environment and quality of life, without discriminating against individuals who have group home housing needs. EXISTING SECTIONS OF THE LAND DEVELOPMENT REGULATIONS WHICH ARE THE SUBJECT OF THE STUDY AND MAY BE AMENDED Land Development Regulation Chapter 3, Articles II, III, IV, V Land Development Regulation Chapter 3, Section 3, Use Regulations, Land Development Regulation Chapter 3, Section 3-D, Use Matrix Additional Sections of the Land Development Regulations may be included as the study progresses. PROJECTED TIME FRAME FOR STUDY From approval of the NOI by the City Commission, up to, and including, June 4, 2017. The planning study including formulation of recommendations is estimated to take 6 months. If additional time is required to complete the study due to the scope or magnitude of the regulatory changes, a request for extension may be requested by the Development Department. The City Commission, following public hearing on the request for extension may extend this revised Notice of Intent for an additional period of time as specified by the City Commission at the time of extension. STAGE OF THE REVIEW PROCESS THAT THE STUDY PERIOD AND PENDING REGULATION WOULD AFFECT Effective on adoption of this revised Notice, all the following shall be abated within the City during the study period: A. Processing applications for group homes; B. Issuance of building permits, certificates of use, business tax receipts for group homes. ADDITIONAL NOTICE 1. The revised Notice of Intent shall be posted in the Development Department and in the notice case located at the main entrance to City Hall. 2. A copy of the revised Notice of Intent shall be mailed to the Chamber of Commerce. 3. Following issuance of this revised Notice of Intent, the notice shall be provided to all applicants who may be potentially affected by the pending study and regulatory changes. This revised notice shall be provided to those individuals by mail, facsimile, electronic {00161143.1 306-9001821} Page 771 of 960 mail or in person. Comments including written objections to the revised Notice of Intent, shall be accepted by the Development Department Director from recipients of this revised notice. 4. Notice shall be provided to the City's Planning and Development Board. Neither failure by the City Clerk to provide notice as set forth in this section nor the lack of awareness of any potentially affected applicant shall not invalidate the applicability of this notice. Dated: Adopted by Resolution number R16-165 of the City Commission of the City of Boynton Beach, Florida the day of November, 2016. IM Office of the City Clerk {00161143.1 306-9001821} Page 772 of 960 12.A. NEW BUSINESS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Review and action on Annual Performance Evaluation for the City Manager. EXPLANATION OF REQUEST: Pursuant to the City Manager's Appointment Agreement, the Commission will provide the City Manager with a performance evaluation no less than annually. Ms. LaVerriere's last evaluation was on December 1, 2015. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Providing feedback regarding performance allows opportunities to recognize areas of strength and suggested areas of improvement. FISCAL IMPACT. Budgeted In conjunction with any review of performance, the Commission may increase the base salary and/or other benefits of the City Manager in such amounts and to the a)dent the Commission may determine is proper. The Commission may, from time to time, grant the City Manager a performance bonus, provided the bonus is granted in accordance with Florida Statute 214.425. Modification to monetary items with the Agreement may have a resulting financial impact. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Addendum r Description Evaluation Rating Summary City Manager Evaluation by Mayor Grant Page 773 of 960 D Addendum D Addendum D Addendum D Addendum D Addendum D Addendum REVIEWERS: Department Human Resources Finance City Manager City Manager Evaluation by Vice Mayor Mc ray City Manager Evaluation by Commissioner Casello City Manager Evaluation by Commissioner Katz City Manager Evaluation by Commissioner Romelus 2015 Addendum to Appointment Letter Appointment Letter and Addenda - 2014 and Prior Reviewer Action Oldbury, Julie Approved Howard, Tim Approved LaVerriere, Lori Approved Date 12/14/2016 - 12:48 PPA 12/14/2016 - 12:54 PPA 12/15/2016 - 10:09 ANA Page 774 of 960 2016 City Manager Performance Evaluation Rating Summary Category Mayor Grant Vice Mayor McCray Commissioner Casello Commissioner Katz Commissioner Romelus Leadership 5 3 5 5 5 Supervision 5 2 4.75 5 4 Job Organization 5 2 4.75 5 4 Staff Development 5 2 5 5 4 Budget 4 4 4.8 5 5 Agendas 4 3 5 5 4 Financial Reporting 3 4 4.25 5 5 Managing Multiple Priorities 4 2.5 4.9 5 4 Productivity 4 3 4.75 5 5 Execution of Policy 4 3 4.8 5 5 Program Development 4 3 4.5 5 4 Imagination/Initiative 5 3 5 5 4 Communication 4 4 5 5 3 Reporting 5 3.5 4 5 4 Commission Communications 4 4 5 5 4 Written Communication 5 4 4 5 4 Response to Commission 5 3.5 4.9 5 4 Strategic Planning 4 3.5 4.8 5 2 Economic Development 3 3.5 4 5 3 Multi -Year Approach 4 3.5 4.8 5 3 Media Relations 4 3.5 4 5 4 Community Reputation 5 1 5 5 5 Intergovernmental Relations 4 3.5 4 5 4 Objectivity 4 1 4 5 4 Professional Reputation 5 4 5 5 4 Stress Management 4 4 4.5 5 5 Leadership Style 5 2.5 4.75 5 5 General Attitude 5 3.5 5 5 5 Drive 4 2 4.75 5 5 Judgment and Decisiveness 4 2 4.8 5 4 Integrity 5 2 5 5 5 Self -Assurance 5 3.5 5 5 5 Overall Performance 5 3 5 5 4 Rating Scale 1 = Unsatisfactory 2 = Below Expectations 3 = Satisfactory 4 = Meeting Expectations 5 = Exceeding Expectations Page 775 of 960 FOR: Lori LaVerriere DATE - NAME OF EVALUATOR: 1,5�p ven 1. The Mayor and each City Commissioner is requested to complete the evaluation form based on his/her assessment of the City Manager in ten major areas of responsibility that include a total of 32 specific performance measures. An "Overall Impression" rating and six (6) comment areas are also included. 2. The Mayor and each City Commissioner shall discuss the evaluation individually with the City Manager at a Performance Conference. Preliminary scores may be adjusted as a result of the discussion. There is a "Comments" section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the City Manager and provided to the City Commission. (The detailed rating sheets of the other Commission members will be provided when requested.) 4. The performance evaluation shall be reviewed at a Commission meeting at which point the City Commission shall consider an increase in the Manager's compensation. 110 Rating Scale. Each question is followed by a rating scale. Raters may circle the selected Performance indicator (1, Z 3, 4 or 5) or place an 7" along with a . I numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages thatfollow. I = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations: needs improvement = MARGINAL 3 = Satisfactory: meeting an acceptable performance level = SATISFIED 4 = Meeting expectations: very good = MORE THAN SATISFIED 5 = Exceeding expectations: excellent = VERY SATISFIED Page 776 of 960 V1,61,23"'T ZT! Im a 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 8 19 3.0 4.0 Satisfactory Meets Expectations 2. Supervision: Does the City Manager adequately supervise and direct the activities of the Department Heads and staff? Is the City Manager able to control the operational activities of the City through others? 1.0 ZO 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets s Exceeds Expectations Expectations Expectatic COMMENTS- --------- 3. Job Organization: Does the City Manager delegate responsibility effectively.? Does the City Manager use his/her time productively? Does the City Manager program activities in an orderly and systematic way? a a 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: a G 3.0 4.0 Satisfactory Meets Expectations 5.0 Exceeds Page 777 of 960 4. Staff Development: Does the City Manager appoint and train effective subordinates? Is the City Manager able to recruit and retain quality employees? Is the Manager committed to 11 aving Ci1Z, z- ,V.UVfj, staff members? 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Manager reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the City Mana7,.jzj_QUV� out the budget satisfactorilVA and control in the budget? 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations COMMENTS: - 4.0 5.0 Meets Exceeds )ectations) Expectations 6. Agendas: Does the Manager prepare comprehensive, relevant and complete agen topics and reports for the City Commission? + 1.0 Unsatisfactory CO*MENTS: + 2.0 Below Expectations + 3.0 Satisfactory 4.0 Meets Expectation/ + 5.0 Exceeds Expectations Page 778 of 960 Expectations Expectations Expectations COM ENTS: � e Ven U ej 4 'k (L #n 5 (/r 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Expectations (XDectatj 9. Productivity: Can the Manager be depended on for sustained productive work? Does the Manager readily assume responsibility? Does the Manager meet time estimates within his/her control? 1.0 2.0 3.0 4.01 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: ---------- Page 779 of 960 10. Execution of Policy: Does the City Manager understand and comply with the over policies, laws and philosophy of the City? Do his/her efforts lead towards successfi 2ccomplishment of goals? Does the City Manager measure results against goals and ta cRrrective action? I + + + + + 1.0 2.0 1 7 0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectctatfi0., Expectations COMMENTS: . .................. .............. 1.0 .0 7-7 2 '.0 5.0 Unsatisfactory to Satisfactory Meets Exceeds Expectations xpectat'ons ') Expectations COMMENTS: 12. Imagination - Initiative: Does the City Manager show originality in approaching R roblems? Does the City Manager create effective solutions? Is the City Manager able to visualize the implications of various alternatives? G + + + 2.0 3.0 5.0 Below Satisfactory Meets Exceeds Expectations Expectations Expectati� I Page 780 of 960 IJVLO���� 14. Reporting, Does the City Manager submit accurate and complete staff reports on schedule? Do the reports adequatel&eafi�- ,Oy4nfprnption on the City? 15. Commission Communication: Does the Manager provide the Commission with 2dequate information to make decisions? Page 781 of 960 f + 1.0 2.0 15.0 Unsatisfactory Below Exceeds Expectations Expectatio CqMMENTS: 15. Commission Communication: Does the Manager provide the Commission with 2dequate information to make decisions? Page 781 of 960 16. Written Communication: How effective are the Manager's letters, memoranda and other for of written information? - ------------------------ + + + 1.0 2.0 Unsatisfactory Below Expectations V 5" ---------- - 4.0 Meets 5.0 Exceeds anfidbig VI. Long Range Planning 18. Strategic Planning: Does the Manager help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the City? 71— 1.0 2.0 3.0 5.0 Unsatisfactory Below Satisfactory Mleets Exceeds Expectations xpectctations Expectations 101 Page 782 of 960 1M;. Economic Development: Does the Manager demonstrate leadership and vision in promoting the economic development of the City while maintaining concerns for "quality of life" issues? 0 a 6 91", 0 "04.0 5.0 Satisfactor Meets Exceeds Expectations Expectations 'Ps fa qf( 20W ffi�r,,. 0 U 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 0 3.0 Satisfactory /sI 9 5.0 Exceeds 1 1. 21. Media Relations: Is the Manager skillful in his dealings with the news media? Does City Manager properly convey the policies and programs of the City? + + + + Lo 2.0 3.0 4.0 a .0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations (Expectations/ Expectations COMMENTS: Page 783 of 960 22. Community Reputation: What is the general attitude of the community to the Manager? Is the City Manager regarded as a person of high integrity and ability? Is his/her public credibility an asset or liability to the City? 4 - 0 5.0 M es Exceeds ts 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets ct Pct Expectations Expectations pectations COMMENTS - i'. other local government representatives? Is the relationship with other local government officials beneficial to the City? Is the City Manager able to facilitate cooperative efforts among various local agencies and the City? a a 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: a 3.0 4.0 Satisfactory Meets 5.0 Exceeds Page 784 of 960 KI U1c, 1171 1, 1 24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a rational and impersonal viewpoint based on facts and qualified opinions? Is the City Manager able to divide his/her personal feelings from those which would most effectively convey the City's interest? 8 a 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 0 + E 4.0 5.0 Meets Excxceeds e c tatior Expectations 4.0 5.0 Meets Exceeds Expectations (Expectations Li:4-�rovll 26. Stress Management: Is the Manager able to resolve problems under strain and unpleasant conditions? How well does the Manager tolerate conditions of uncertainty? Does the Manager respond well to stressful situations and adequately deal with the stress inherent to the position? 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations COMMENTS: Z7, d .0flami�. Q S.0 Exceeds ------------ I - Page 785 of 960 iv 'I KWU=M�Iff 27. Leadership Style: Does the Manager display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? + + + + + 1.0 2.0 3.0 4.0 M Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations pectati� COMMENTS: 29. Drive: Is the Manager energetic and willing to spend the time necessary to do a gocss Id i L"IYADVOK11 + + + + 1.0 2.0 3.0 Al 4.0 5.0 Unsatisfactory Below Satisfactory Weets Exceeds Expectations Expectations) Expectations Page 786 of 960 30. Judgment and Decisiveness, Is the City Manager able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the City Manager exercise good judgment in making decisions and in his/her general conduct? + + + "11K N + 1.0 2.0 3.0 1/4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Ct Expectations 7Expectatio Expectations 31. Integrity: Does the City Manager properly avoid politics and partisanship? Does the Manager fulfill his/her responsibilities and duties in accordance with the ICMA Code of Ethics? Is the City Manager honest and forthright in his/her professional capacities? Does the City Manager have a reputation in the community for honesty and integrity? a 2.0 Below 8 a 4O Meets + 5.0 Exceeds 32. Self -Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able to be honest with himself/herself and take constructive criticism? Does the City Manager take responsibility for mistakes which are his? Is the City Manager confident enough to make decisions and take actions as may be required without undue supervision from the Commission? a 2.0 Below P JAW -3 G 3.0 Satisfactory G 4.0 Meets 5.0 Exceeds ectations Page 787 of 960 H rA 0 G 0 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectatio* Strengths: Eased upon your overall evaluatio7i Ave bt,,st'A4R�S of the City Manqge,-� 7 1 ZE0 6/- -fo b,1 'k tj what areas wou you list s 4� D(,d Ovlx- res, e) erl Improvements suggested: Based upon your evaluation, what areas wouldyou suggest the City Manager or on to improve kWher skills and to be more effective in specific areas or situ ti ns7 % 0/6") A^W PO fosl4j�,, "t-9 it COAM"S54.1 5 /Zq f VA W, Area(s) ofterformance calling far pr i . selcommendation. Zr rit t Page 788 of 960 Page 789 of 960 Performance Evaluation for the City Manager Signature Page ----------------- - ----- Evaluator's Signature Date ...................................................... Performance Conference Date: 0 City Manager's Signature DatG Page 790 of 960 aPerformance Evaluation for the City Manager FOR: -LORI LaVERRIERE , CITY MANAGER DATE: DECEMBER 8, 2016 RAAE TF 0 ALUATOR: _yICE MAYOR MACK MC CRAY 1. The Mayor and each City Commissioner is requested to complete t evaluation form based on his/her assessment of the City Manager in te major areas of responsibility that include a total of 32 specific performan measures. An "Overall Impression" rating and six (6) comment areas a e also included. 2. The Mayor and each City Commissioner shall discuss the evaluatio individually with the City Manager at a Performance Conferenc Preliminary scores may be adjusted as a result of the discussion. There is "Comments" section below each question for clarification purposes, necessary. 3. A composite Ratings Summary Chart shall be prepared by the City Manag and provided to the City Commission. (The detailed rating sheets of th other Commission members will be provided when requested.) 4. The performance evaluation shall be reviewed at a Commission meeting which point the City Commission shall consider an increase in th Manager's compensation. I Rating Scale Each question isfollowed by a rating scale. Raters may circle the selecteI' performance indicator (1, 2, 3, 4 or 5) or place an 'W" along with a numerical score on the rating scale line when You feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten mqJor performance categories on the pages thatfollow: TWT11 1"em-0=9 TTYF,17U, 2 = Below expectations: needs improvement = MARGINAL 3 = Satisfactory: meeting an acceptable performance level = SATISFIED 4 = Meeting expectations: very good = MORE THAN SATISFIED 5 = Exceeding expectations: excellent = VERY SATISFIED Page 791 of 960 - 1,11 "17170-13"M Below 4.0 5.0 1.0 2.0 Unsatisfactory Satis actory Meets Exceeds Expectations Expectations Expectations COMMENTS:—j np-p-d rn hp- qba=Pnd, We bay -e- one -.as-sis t city manager that I feel. is hindering the growth of the city. 2. Supervision: Does the City Manager adequately supervise and direct the activities of the Department Heads and staff? Is the City Manager able to control the operational activities of the City through others? G U G Q �1 3.0 4.0 o 5.0 Be w Satisfactory is Exceeds Expectations Expectations Expectations City Manager wearing to many hats and is -not doing a great job. Utilities might be his strong point he has other weaknesses. Woolbright road is gL . perfAF6rfWMFRa8n: Does the city manager delegate responsibility effectively.? Does the City Manager use his/her time productively? Does the City Manager program activities in an orderly and systematic way? + + + + 1.0?.o 3.0 4.0 5.0 Unsatisfactory B ego w' Satisfactory Meets Exceeds Expectations Expectations Expectations clue.to run thao example. Page 792 of 960 4. Staff Development: Does the City Manager appoint and train effective subordinates? Is the City Manager able to recruit and retain quality employees? Is the Manager committed to having City staff operate well as a team? Does (s)he effectively develop Department Heads and staff members? a U U 9 We Satisfactory Meets Exceeds Expectations Expectations Expectations 'riwqAq T feel are is not. We are paving for consultants to come in and tell us what is wrong within a department and I feel that it the Assistant City Manager could not handle that task then they should not be in that position. 11. Fiscal/Business Management 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Manager reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the City Manager carry out the budget satisfactorily and control expenses within the levels set in the budget? G a 1.0 2.0 Unsatisfactory Below Expectations 0 G NtMl4.0 5.0 eets Exceeds Expectations Expectations COMMENTS: jUjnkz_tm_r -j-,pnr nrnff thig is one of her strong-, points —She, has the ri . t individuals in place. 6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topics and reports for the City Commission? Y G 1.0 2.0 Unsatisfactory Below Expectations U U 4.0 5.0 Meets Exceeds Expectations Expectations COMMENTSat for tu4- 4- +-ime for h�� f-0 WU.L weekly meetlngs have, any questions. She obtain and answertimely manner and if she can not get and answerat thau' .6he is willing to say I am still T working on that issue. g� 01 ID Page 793 of 960 7. Financial Reporting: Does the Manager provide periodic financial reports in a well fesigned, informative and understandable format? 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations COMMENTS: G L 5.0 .0 - /Its Exceeds Expectations Expectations COMMENTS: I feel that if she had the proper Assistant CitV Managers then this would not be a proble. I gave her my blessings when she requested two Assistant City Managers. We are not getting our monies worth.Staff should be able to think outside of the box. 9. Productivity: Can the Manager be depended on for sustained productive work? D 'o the Manager readily assume responsibility? Does the Manager meet time estimates withl his/her control? 1.0 2.0 Unsatisfactory Below Expectations U G 4O 5.0 Meets Exceeds Expectations Expectations COMMENTS: Ters t—I 01tr she was Caught Off gUa`.EU W-LLH LLLe qUUU —epar had a system in place like the tier of the step method and this proble could have been avoided. I Page 794 of 960 10. Execution of Policy: Does the City Manager understand and comply with the overall policies, laws and philosophy of the City? Do his/her efforts lead towards successful accomplishment of goals? Does the City Manager measure results against goals and take corrective action? U G 1.0 2.0 Unsatisfactory Below Expectations D 0 4.0 Meets U 5-0 Exceeds I feel that department heads must be able to carry their own weight and think outside of the box. 11. Program Development: Does the Manager translate policies and objectives into specific and effective programs? Does the Manager independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? 1.0 2.0 Unsatisfactory Below Expectations 8 G 4.0 5.0 Meets Exceeds Expectations Expectations WMA COMMENTS: I feel that the Manager should leave the office more with staff and they should all get on a bus and tour our city and write down tb problems that they see and c a back and address those problems without the elected official always finding and bringing the proble to staff. Sometime we nee to go outside of the four wall 12. imagination - Initiative: Does the City Manager show originality in approaching problems? Does the City Manager create effective solutions? Is the City Manager able to visualize the implications of various alternatives? I a G 1.0 2.0 Unsatisfactory Below Expectations a 4.0 5.0 Meets Exceeds Expectations Expectations COMMENTS:----- — - --- . - . . . . I I DRe IeUVeU LU MUUn -LUr ZIUS-LU Ltt- --LLY n1anagle.L23 -lu with his supervision. Staff feel that he has confused alot of the processes that was already functioning. Page 5 of 15 Page 795 of 960 13. Communication: Does the City Manager keep appropriate people informed? Does the City Manager present his/her thoughts in an orderly and understandable manner? Is the City Manager able to be •- 1 1.0 2.0 Unsatisfactory Below Expectations of her strong points. U 3.0 I'll �-o S. Satisfactory Meets Exceeds Expectations Expectations :14. Reporting: Does the City Manager submit accurate and complete staff reports schedule? Do the reports adequately convey information on the City? U G 1.0 2.0 Unsatisfactory Below Expectations rm • 0 a 4.0 S.0 Meets Exceeds Expectations Expectations COMMENTS: if sbe—qeR-&--thar she can -not Tualre it she equeAt And exten-gi-on—and this is one of her strong points. 1 15. Commission Communication: Does the Manager provide the Commission with adequate information to make decisions? Ij G 1.0 2.0 Unsatisfactory Below Expectations G WMINVI =0 COMMENTS:--Ti,.,i... the eleg*r, t::ha Within th r-ity thi-z is. rme of ber Page 796 of 960 16. Written Communication: How effective are the Manager's letters, memoranda a other forms of written information? I G G 1.0 2.0 Unsatisfactory Below Expectations a 0 3.0 5.0 Satisfactory Meets Exceeds Expectations Expectations COMMENTS: Thanks to the DroDer staff in her --office,,, Eleanor. Sylvia . Atilla. and John excellent. her own memos are concise and to tkepoint TKIE is one of her strengths. '111 p 17. Response to Commission: Does the Manager respond in a positive way to suggestio and guidance from the Commission? Is the Manager attuned o ood tthe Cmmissins' attitu feelings and needs? I G a 1.0 10 Unsatisfactory Below Expectations G 3.0 Satisfactory G ii 4.0 5.0 Meets Exceeds Expectations Expectations 01'11=32" V273711M IF il M01AP rj- -,-, r. "Im a = 18. Strategic Planning: Does the Manager help develop effective goals, objectives, polici(E and procedures while providing an annual work plan that advises of present and future neeci of the City? U a 1.0 2.0 Unsatisfactory Below Expectations Y U 4.0 Meets Y 5.0 Exceeds we should be in great shape to handle some of the ones that we have extended. But with the resources and staff when and emergency arise she find the proper chanel. Page 797 of 960 19. Economic Development: Does the Manager demonstrate leadership and vision in promoting the economic development of the City while maintaining concerns for "quality of life" issues? + + + + + 1.0 10 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds COMMENTS:_She__mma,- A great rhaire in tbp hi -ring a rief Glenn Joseph. Citizens was glad to see a minority in the tope management spot within our city. Perhaps with the passing of the one cents sales tax we can see more with our infastructure. ampamml , - ,, 11=1 a 0 . I 1- .10 '1 U 0,11m ug vtV-;A*r!J@j [go moil to 1--ig 411 �J- + + + 41 + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations COMMENTS: 6. 1 ar CL-r-WCLJ and not ;3: 1 11 ', 11 Center was a great example of where something happened that need t priority and this was handled. 21. Media Relations: Is the Manager skillful in his dealings with the news media? Does t City Manager properly convey the policies and programs of the City? I + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds groz= wag" ZMEM 111:111111 8=1 I Miiii ff2,3=, Page 798 of 960 22. Community Reputation: What is the general attitude of the community to the Manager? Is the City Manager regarded as a person of high integrity and ability? Is his/her public credibility an asset or liability to the City? - --------- - ----- + + + + 2® 3.0 4® 5.0 nsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: The peonle of color in Di jet Il.feel that she is a. let down and that she is not in touch with their needs. .71M. tz n' F 9 1=1 23. Intergovernmental Relations: Does the Manager work efiectively with federal, state, and other local government representatives? Is the relationship with other local government officials beneficial to the City? Is the City Manager able to facilitate cooperative efforts among various local agencies and the City? + + + 1.- -1.0 1.0 2.0 3.0 4.0 5.o Unsatisfactory Below Satisfactory is Exceeds OEM= COMMENTS: She alXenCLS and ts w3_11ing to -L what other cities are doing and if they had the same problem she reach out to them for their imput. Page 799 of 960 rR44F,J1T?;,r1.r 11111!17 24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a rational and impersonal viewpoint based on facts and qualified opinions? Is the City Manager able to divide his/her personal feelings from those which would most effectively convey the City's interest? U G 2.o 3.0 Below Satisfactory Expectations 1.0 2® Unsatisfactory Below Expectations a U 4.0 5.0 Meets Exceeds Expectations Expectations our's is tooms to I I.Q ra 3.0 S.0 Satisfactory is Exceeds Expectations Expectations COMMENTS: 26. Stress Management: Is the Manager able to resolve problems under strain and unpleasant conditions? How well does the Manager tolerate conditions of uncertainty? Does the Mana.. :1 to the position? 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations N (tL- 0-1) 5.0 Meets Exceeds Expectations Expectations COMMENTS. 8—Qne-zLf— Page 10 of 15 Page 800 of 960 rM 27. Leadership Style: Does the Manager display a leadership style that is firm, but flexib and adaptable, while responding to individuals or situations in an appropriate, positi manner? I + + y > + i + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds 1• = COMMENTS: I feel, tjiat she relies on her city ma46aers. One is exceptional and the other one need to go back to the Water Department and help straighten out Woolbright which is a disaster waiting to happen. 28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adap Does the City Manager have an enthusiastic attitude toward the City, both professionally al personally? + A- + + + 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Meets Exceeds 0 == COMMENTS: Once -you cret 1-n know har she 'ha-s-a,gr-eat pergonality but until Youwould wonder what type of person she really is. 11 - + + 1.0 1 2-0/ 3.0 4.0 S.0 ow Unsatisfactory -rn e Satisfactory Meets Exceeds Expectations Expectations Expectations b . I ees COMMENTS: 1 fea! �'Lutaxiw-t --- wd,idlil nd t and Pet the—pulse of the workers. SQ= feel that the—can not addr ss her without getting reprimanded. 0.0nom Page 801 of 960 30. Judgment and Decisiveness: is the City Manager able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the City Manager exercise good judgment in making decisions and in his/her general conduct? 1.02.0_./ 3.0 J_ ow Unsatisfactory (te ow Satisfactory Meets Exceeds Expectations Expectations Expectations afflo- kT I It I a krl 100 R-Trt I I t --------------- / -+L-+ + +1 1.0 2.0 7 3.0 4.0 5.0 Unsatisfactory 2. eow Satisfactory Meets Exceeds Expectations Expectations Expectations W 7.. IKU,*v 0, 1 fl, 0W571��,. has to happen before we can see a Patrol Car in the are. d0lt! LU Ut: 11U11eSL ITIUL take responsibility for mistakes which are his? Is the City Manager confident enough to make decisions and take actions as may be required without undue supervision from the COW.XiSSiOT? 1.0 2.0 3.0 4.0 S.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Having t -n dAna with five different 12ersonalities I feel she is &et..Having three newly elected officials to groom is and awesome task WTTr� Page 802 of 960 + + + + + 1.0 2. 4.0 5. Uns isf c oryo ti o Bets Exceeds Expectations Expectations Expectations COMMENTS: Their is room for iMrovement. Need to meet withthe. and �'� ��.lp. e department JJ, heardsan t eir work ethics. Department beads have certain people Ah ey favor and this nee to be looked into.(See below perfect example) s g�� Based upon your overall evaluation of the City Manager, what areas would you list as hislher strong * t / manager? Improvements Based uponyour evaluation,r areas wouldyou suggestManager o improve his/her skilland r • more effective in specific areas or ar Need to promote • m within and be fair. Assistant City Manager should b., one of colorbecause of demographics. Need to encourage step plan and reward employees and enc! ' t!. tofurthertheir y 1ndon'ti! if have assistanceforpeople courses some ,,w of reimbursemente.1J ! tostop hiring contractual labor and fill positions when needed. Sometime we need !rtrain fromwithin likegetting people toshadowother people their position. iwashired R ethe water department as supervisiorocustomershould have been hiredfrom within w not getting someone from Comcast. ./ ofterformance callingforpraiselcommendation. Citizens of color in District II is trying to figure out why the position that Amy Blackman ,.: Rhas why it was not!+'Mary M 1 The community feels that she is capable and this would have been a great time to promote from within. The policy was changed in midstream to pass her over is what the community is saying. Wally should have been fair in the evaluation process. Many are not happy with the performance ofMr.Majors comestostaffmemberslitcolorand the ! 1111! '.' is very muchaware 1whathappening. T' have ti ! 1 me and askedwhenwas he leaving andjust smile. Page 803 of 960 Comment Areas 1. What are the manager's most significant accomplishments during the as year? The promotion of Tim Howard, Judy Pyle and Chief Glenn Joseph. Things that I see should not have happened and I am not in favor the promoting of Colin Groff, hiring of Amy Blackman and the present supervisor for Customer Service in our water Department d stairs. 2. What are the manager's strongest qualities? With the elected officials she seems to always want to keep us happy and this should be the same for every employee employed in our great city. 3. In what areas does the manager need to improve? Recommendations. Need to see more minorities hired in the top level of the runnirg of our great city. Promote from within and be fair in the promotions. Don't always look to Department heads to make the choirce in the interview because Parks and Recreation made a bad one waeov hiring of Amy Blackman. 4. Two things the r6nager does that you would like him/her to continue. Attend more functions to mix with citizens of District 11 so that they can learn her. Everyone does not come to commission meeting. S. Two things the manager does that you would like him/her to discontinue. On the Dais is not the time to have individual conversations. Everything should be recorded. 6. Two things the Manager does not do you would like him/her to start. I feel that she should be in charge of more hirings when it come to Department Heads and Supervisors. Need to promote from within nd treat everyone fairly when making employment choices. Encourage minorities to take classes so that they can advance themselves within the city. M. Page 804 of 960 NWy�y� Signature Page i Evaluais City Manager's Signature Page 805 of 960 P Performance Evaluation for the City Manager FOR: Lori LaVerriere DATE: 12/5/2016 NAME OF EVALUATOR: Commissioner Joe Casello ANNUAL EVALUATION PROCESS: 1. The Mayor and each City Commissioner is requested to complete the evaluation form based on his/her assessment of the City Manager in ten major areas of responsibility that include a total of 32 specific performance measures. An "Overall Impression" rating and six (6) comment areas are also included. 2. The Mayor and each City Commissioner shall discuss the evaluation individually with the City Manager at a Performance Conference. Preliminary scores may be adjusted as a result of the discussion. There is a "Comments" section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the City Manager and provided to the City Commission. (The detailed rating sheets of the other Commission members will be provided when requested.) 4. The performance evaluation shall be reviewed at a Commission meeting at which point the City Commission shall consider an increase in the Manager's compensation. INSTRUCTIONS: Rating Scale; Each question is followed by a rating scale. Raters may circle the selected performance indicator (1, 2, 3, 4 or 5) or place an X' along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: 1 = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations: needs improvement = MARGINAL 3 = Satisfactory: meeting an acceptable performance level = SATISFIED 4 = Meeting expectations: very good = MORE THAN SATISFIED 5 = Exceeding expectations: excellent = VERY SATISFIED Page 806 of 960 CITY MANAGER'S TEN MAJOR AREAS OF RESPONSIBILITY (.Organizational Management 1. Leadership: Does the City Manager motivate others to maximum performance? Is the City Manager respected as demanding but fair? Is the City Manager providing the necessary assistance to the Board and leadership to the City's staff and volunteers? Does the City Manager get enthusiastic response to his/her new ideas and needed organizational changes? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets Expectations +X 5.0 Exceeds Expectations 2. Supervision: Does the City Manager adequately supervise and direct the activities of the Department Heads and staff? Is the City Manager able to control the operational activities of the City through others? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory + X4.75 + 4.0 Meets Expectations D.0 Exceeds Expectations 3. Job Organization: Does the City Manager delegate responsibility effectively? Does the City Manager use his/her time productively? Does the City Manager program activities in an orderly and systematic way? + + + + X4.75 + 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory Page 2 of 16 4.0 Meets Expectations j.0 Exceeds Expectations Page 807 of 960 4. Staff Development: Does the City Manager appoint and train effective subordinates? Is the City Manager able to recruit and retain quality employees? Is the Manager committed to having City staff operate well as a team? Does (s)he effectively develop Department Heads and staff members? + + + + X+ 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: II. Fiscal/Business Management S. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Manager reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the City Manager carry out the budget satisfactorily and control expenses within the levels set in the budget? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory + X4.8 + 4.0 Meets Expectations 5.0 Exceeds Expectations 6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topics and reports for the City Commission? 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory Page 3 of 16 4.0 Meets Expectations X+ 5.0 Exceeds Expectations Page 808 of 960 7. Financial Reporting: Does the Manager provide periodic financial reports in a well- designed, informative and understandable format? + +X4.25 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 8. Managing Multiple Priorities: Is the Manager capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the City? + + + + X4.9 + 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations COMMENTS: 4.0 5.0 Meets Exceeds Expectations Expectations 9. Productivity: Can the Manager be depended on for sustained productive work? Does the Manager readily assume responsibility? Does the Manager meet time estimates within his/her control? + + + + X4.75 + 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations COMMENTS: Page 4 of 16 4.0 5.0 Meets Exceeds Expectations Expectations Page 809 of 960 III. Program Development and Follow -Through 10. Execution of Policy: Does the City Manager understand and comply with the overall policies, laws and philosophy of the City? Do his/her efforts lead towards successful accomplishment of goals? Does the City Manager measure results against goals and take corrective action? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory + X4.8 + 4.0 Meets Expectations D.0 Exceeds Expectations 11. Program Development: Does the Manager translate policies and objectives into specific and effective programs? Does the Manager independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? + + + + X4.5 + 1.0 Unsatisfactory COMMENTS: 2.0 3.0 Below Satisfactory Expectations 4.0 5.0 Meets Exceeds Expectations Expectations 12. Imagination - Initiative: Does the City Manager show originality in approaching problems? Does the City Manager create effective solutions? Is the City Manager able to visualize the implications of various alternatives? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory Page 5 of 16 4.0 Meets Expectations X+ 5.0 Exceeds Expectations Page 810 of 960 IV. Communication 13. Communication: Does the City Manager keep appropriate people informed? Does the City Manager present his/her thoughts in an orderly and understandable manner? Is the City Manager able to be persuasive? 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory 4.0 Meets Expectations X+ 5.0 Exceeds Expectations 14. Reporting: Does the City Manager submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the City? + + + +X + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 15. Commission Communication: Does the Manager provide the Commission with adequate information to make decisions? + + + + X+ 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory Page 6 of 16 4.0 Meets Expectations 5.0 Exceeds Expectations Page 811 of 960 16. Written Communication: How effective are the Manager's letters, memoranda and other forms of written information? + + + X+ + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: V. Relationship with the Mayor/Commission 17. Response to Commission: Does the Manager respond in a positive way to suggestions and guidance from the Commission? Is the Manager attuned to the Commissions' attitudes, feelings and needs? + + + + X4.9 + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: VI. Long Range Planning 18. Strategic Planning: Does the Manager help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the City? + + + + X4.8 + 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory Page 7 of 16 4.0 Meets Expectations J.V Exceeds Expectations Page 812 of 960 19. Economic Development: Does the Manager demonstrate leadership and vision in promoting the economic development of the City while maintaining concerns for "quality of life" issues? + + + +X + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 20. Multi -Year Approach: Is the City Manager helping the City Commission to address the City's future through multi-year planning and appropriate capital budgeting? + + + + X4.8 + 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations COMMENTS: 4.0 5.0 Meets Exceeds Expectations Expectations VII. Relationship with Public/Public Relations 21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the City Manager properly convey the policies and programs of the City? + + + +X + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 8 of 16 Page 813 of 960 22. Community Reputation: What is the general attitude of the community to the Manager? Is the City Manager regarded as a person of high integrity and ability? Is his/her public credibility an asset or liability to the City? 1.0 2.0 Unsatisfactory Below Expectations 3.0 Satisfactory COMMENTS: Well respected in the community 4.0 Meets Expectations VIII. Intergovernmental Relations X+ 5.0 Exceeds Expectations 23. Intergovernmental Relations: Does the Manager work effectively with federal, state, and other local government representatives? Is the relationship with other local government officials beneficial to the City? Is the City Manager able to facilitate cooperative efforts among various local agencies and the City? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory Page 9 of 16 X+ 4.0 Meets Expectations 5.0 Exceeds Expectations Page 814 of 960 IX. Professional/Personal Development 24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a rational and impersonal viewpoint based on facts and qualified opinions? Is the City Manager able to divide his/her personal feelings from those which would most effectively convey the City's interest? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory +X 4.0 Meets Expectations 5.0 Exceeds Expectations 25. Professional Reputation: How does the Manager stand among his/her colleagues? Does the City Manager deal effectively with other public managers? Is the City Manager respected by professional and staff representatives of other cities and counties? Does the City Manager attend and participate in seminars and conferences for professional development? + + + + X+ 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Impeccable Professional reputation among her colleagues. 26. Stress Management: Is the Manager able to resolve problems under strain and unpleasant conditions? How well does the Manager tolerate conditions of uncertainty? Does the Manager respond well to stressful situations and adequately deal with the stress inherent to the position? + + + + X4.5 + 1.0 Unsatisfactory 2.0 Below Expectations 3.0 Satisfactory Page 10 of 16 4.0 Meets Expectations 5.0 Exceeds Expectations Page 815 of 960 COMMENTS: X. Personal Attributes 27. Leadership Style: Does the Manager display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? + + + + X4.75 + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does the City Manager have an enthusiastic attitude toward the City, both professionally and personally? + + + + X+ 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations 29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good job? Does the City Manager have good initiative and is the City Manager a self-starter? Does the City Manager have good mental and physical stamina? + + + + X4.75 + 1.0 2.0 Unsatisfactory Below Expectations 3.0 Satisfactory Page 11 of 16 4.0 Meets Expectations J.V Exceeds Expectations Page 816 of 960 30. Judgment and Decisiveness: Is the City Manager able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the City Manager exercise good judgment in making decisions and in his/her general conduct? + + + + X4.8 + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 31. Integrity: Does the City Manager properly avoid politics and partisanship? Does the Manager fulfill his/her responsibilities and duties in accordance with the ICMA Code of Ethics? Is the City Manager honest and forthright in his/her professional capacities? Does the City Manager have a reputation in the community for honesty and integrity? + + + + X+ 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 32. Self -Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able to be honest with himself/herself and take constructive criticism? Does the City Manager take responsibility for mistakes which are his? Is the City Manager confident enough to make decisions and take actions as may be required without undue supervision from the Commission? + + + + X+ 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations Page 12 of 16 Page 817 of 960 COMMENTS: OVERALL PERFORMANCE IMPRESSION: + + + + X+ 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Strengths: Based upon your overall evaluation of the City Manager, what areas would you list as his/her strong points as a manager? The City Manager communicates, listens and is innovative. She is proactive and a problem solver that puts complete trust in her staff members. Improvements suggested: Based upon your evaluation, what areas would you suggest the City Manager work on to improve his/her skills and to be more effective in specific areas or situations? Not much to improve on Commendations: Area(s) of performance calling for prais%ommendation. Her ability to see the issue from all sides in making informed managerial decisions Page 13 of 16 Page 818 of 960 Page 14 of 16 Page 819 of 960 Comment Areas 1. What are the manager's most significant accomplishments during the past year? 2. What are the manager's strongest qualities? Communications & vision 3. In what areas does the manager need to improve? Recommendations. 4. Two things the manager does that you would like him/her to continue. S. Two things the manager does that you would like him/her to discontinue. Page 14 of 16 Page 819 of 960 6. Two things the Manager does not do you would like him/her to start. Performance Evaluation for the City Manager Signature Page Evaluator's Signature Date 12/5/2016 Commissioner Joe Casello Evaluator's Printed Name City Manager's Signature City Manager's Comments: Performance Conference Date: Page 15 of 16 Date Page 820 of 960 Page 16 of 16 Page 821 of 960 NAME OF EVALUATOR: Justin Katz ANNUAL EVALUATION PROCESS: 1. The Mayor and each City Commissioner is requested to complete the evaluation form based on his/her assessment of the City Manager in ten major areas of responsibility that include a total of 32 specific performance measures. An "Overall Impression" rating and six (6) comment areas are also included. 2. The Mayor and each City Commissioner shall discuss the evaluation individually with the City Manager at a Performance Conference. Preliminary scores may be adjusted as a result of the discussion. There is a "Comments" section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the City Manager and provided to the City Commission. (The detailed rating sheets of the other Commission members will be provided when requested.) 4. The performance evaluation shall be reviewed at a Commission meeting at which point the City Commission shall consider an increase in the Manager's compensation. INSTRUCTIONS: Rating Scale; Each question is followed by a rating scale. Raters may circle the selected performance indicator (1, 2, 3, 4 or 5) or place an "X" along with a numerical score on the rating scale line when you feel a rating falls between two whole numbers. There are 32 listed performance indicators in the ten major performance categories on the pages that follow: 1 = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations: needs improvement = MARGINAL 3 = Satisfactory: meeting an acceptable performance level = SATISFIED 4 = Meeting expectations: very good = MORE THAN SATISFIED 5 = Exceeding expectations: excellent = VERY SATISFIED Page 822 of 960 CITY MANAGER'S TEN MAJOR AREAS OF RESPONSIBILITY (.Organizational Management 1. Leadership: Does the City Manager motivate others to maximum performance? Is the City Manager respected as demanding but fair? Is the City Manager providing the necessary assistance to the Board and leadership to the City's staff and volunteers? Does the City Manager get enthusiastic response to his/her new ideas and needed organizational changes? + + + + If + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 2. Supervision: Does the City Manager adequately supervise and direct the activities of the Department Heads and staff? Is the City Manager able to control the operational activities of the City through others? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 3. Job Organization: Does the City Manager delegate responsibility effectively? Does the City Manager use his/her time productively? Does the City Manager program activities in an orderly and systematic way? 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 2of16 Page 823 of 960 4. Staff Development: Does the City Manager appoint and train effective subordinates? Is the City Manager able to recruit and retain quality employees? Is the Manager committed to having City staff operate well as a team? Does (s)he effectively develop Department Heads and staff members? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: II. Fiscal/Business Management S. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Manager reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the City Manager carry out the budget satisfactorily and control expenses within the levels set in the budget? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topics and reports for the City Commission? Page 3of16 Page 824 of 960 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 3of16 Page 824 of 960 7. Financial Reporting: Does the Manager provide periodic financial reports in a well- designed, informative and understandable format? 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations 8. Managing Multiple Priorities: Is the Manager capable of prioritizing and implementing multiple priorities while considering the most important goals, objectives and tasks facing the City? + + + + + 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations 9. Productivity: Can the Manager be depended on for sustained productive work? Does the Manager readily assume responsibility? Does the Manager meet time estimates within his/her control? + + + + + 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations COMMENTS: Page 4of16 4.0 Meets Expectations 5.0 Exceeds Expectations Page 825 of 960 III. Program Development and Follow -Through 10. Execution of Policy: Does the City Manager understand and comply with the overall policies, laws and philosophy of the City? Do his/her efforts lead towards successful accomplishment of goals? Does the City Manager measure results against goals and take corrective action? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 11. Program Development: Does the Manager translate policies and objectives into specific and effective programs? Does the Manager independently recognize problems, develop relative facts, formulate alternate solutions and decide on appropriate recommendations? + + + + + 1.0 2.0 3.0 4.05.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 12. Imagination - Initiative: Does the City Manager show originality in approaching problems? Does the City Manager create effective solutions? Is the City Manager able to visualize the implications of various alternatives? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 5of16 Page 826 of 960 IV. Communication 13. Communication: Does the City Manager keep appropriate people informed? Does the City Manager present his/her thoughts in an orderly and understandable manner? Is the City Manager able to be persuasive? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 14. Reporting: Does the City Manager submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the City? + + + + + 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations 15. Commission Communication: Does the Manager provide the Commission with adequate information to make decisions? + + + + + 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory Page 6of16 4.0 Meets Expectations 5.0 Exceeds Expectations Page 827 of 960 16. Written Communication: How effective are the Manager's letters, memoranda and other forms of written information? + + + + + 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory 4.0 Meets Expectations V. Relationship with the Mayor/Commission 5.0 Exceeds Expectations 17. Response to Commission: Does the Manager respond in a positive way to suggestions and guidance from the Commission? Is the Manager attuned to the Commissions' attitudes, feelings and needs? + + + + + 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations VI. Long Range Planning 18. Strategic Planning: Does the Manager help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the City? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 7of16 Page 828 of 960 19. Economic Development: Does the Manager demonstrate leadership and vision in promoting the economic development of the City while maintaining concerns for "quality of life" issues? + + + + + 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations 20. Multi -Year Approach: Is the City Manager helping the City Commission to address the City's future through multi-year planning and appropriate capital budgeting? + + + + + 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations VII. Relationship with Public/Public Relations 21. Media Relations: Is the Manager skillful in his dealings with the news media? Does the City Manager properly convey the policies and programs of the City? 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory Page 8of16 4.0 Meets Expectations or + 5.0 Exceeds Expectations Page 829 of 960 22. Community Reputation: What is the general attitude of the community to the Manager? Is the City Manager regarded as a person of high integrity and ability? Is his/her public credibility an asset or liability to the City? 1.0 2.0 3.0 4.05.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: VIII. Intergovernmental Relations 23. Intergovernmental Relations: Does the Manager work effectively with federal, state, and other local government representatives? Is the relationship with other local government officials beneficial to the City? Is the City Manager able to facilitate cooperative efforts among various local agencies and the City? + + + + + 1.0 2.0 3.0 4.05.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 9of16 Page 830 of 960 IX. Professional/Personal Development 24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a rational and impersonal viewpoint based on facts and qualified opinions? Is the City Manager able to divide his/her personal feelings from those which would most effectively convey the City's interest? 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory 4.0 Meets Expectations + 5.0 Exceeds Expectations 25. Professional Reputation: How does the Manager stand among his/her colleagues? Does the City Manager deal effectively with other public managers? Is the City Manager respected by professional and staff representatives of other cities and counties? Does the City Manager attend and participate in seminars and conferences for professional development? 1.0 Unsatisfactory COMMENTS: 2.0 3.0 Below Satisfactory Expectations 4.0 5.0 Meets Exceeds Expectations Expectations 26. Stress Management: Is the Manager able to resolve problems under strain and unpleasant conditions? How well does the Manager tolerate conditions of uncertainty? Does the Manager respond well to stressful situations and adequately deal with the stress inherent to the position? 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory Page 10 of 16 4.0 Meets Expectations + � 5.0 Exceeds Expectations Page 831 of 960 X. Personal Attributes 27. Leadership Style: Does the Manager display a leadership style that is firm, but flexible and adaptable, while responding to individuals or situations in an appropriate, positive manner? + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: 28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does the City Manager have an enthusiastic attitude toward the City, both professionally and personally? + + + + + 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory 4.0 Meets Expectations 5.0 Exceeds Expectations 29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good job? Does the City Manager have good initiative and is the City Manager a self-starter? Does the City Manager have good mental and physical stamina? 1.0 2.0 3.0 4.05.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS: Page 11 of 16 Page 832 of 960 30. Judgment and Decisiveness: Is the City Manager able to reach quality decisions in a timely fashion? Are his/her decisions generally good? Does the City Manager exercise good judgment in making decisions and in his/her general conduct? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets Expectations or + 5.0 Exceeds Expectations 31. Integrity: Does the City Manager properly avoid politics and partisanship? Does the Manager fulfill his/her responsibilities and duties in accordance with the ICMA Code of Ethics? Is the City Manager honest and forthright in his/her professional capacities? Does the City Manager have a reputation in the community for honesty and integrity? 1.0 Unsatisfactory COMMENTS: 2.0 Below Expectations 3.0 Satisfactory 4.0 Meets Expectations + 5.0 Exceeds Expectations 32. Self -Assurance: Is the Manager self-assured of his/her abilities? Is the City Manager able to be honest with himself/herself and take constructive criticism? Does the City Manager take responsibility for mistakes which are his? Is the City Manager confident enough to make decisions and take actions as may be required without undue supervision from the Commission? 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: 3.0 Satisfactory Page 12 of 16 4.0 Meets Expectations + 5.0 Exceeds Expectations Page 833 of 960 OVERALL PERFORMANCE IMPRESSION: + + + + + 1.0 2.0 3.0 4.0 5.0 Unsatisfactory Below Satisfactory Meets Exceeds Expectations Expectations Expectations COMMENTS:—Lori is the Jason Bourne of city managers. Strengths: Based upon your overall evaluation of the City Manager, what areas would you list as his/her strong points as a manager? All. Improvements suggested: Based upon your evaluation, what areas would you suggest the City Manager work on to improve his/her skills and to be more effective in specific areas or situations? As of yet, she has failed to underperform in any areas that would merit suggested improvements. Commendations: Area(s) of performance calling for prais%ommendation. This commission (and those prior) and the City of Boynton Beach owe a great debt of gratitude for the job Lori has done over her tenure with the city. I have no doubt that the successes we are currently embarking on towards building a greater Boynton are in large part due to her management of the city in all manners of speaking. Page 13 of 16 Page 834 of 960 Comment Areas 1. What are the manager's most significant accomplishments during the past year? She has helped guide a new commission with 3 young, rookie elected officials. In doing so we have managed to make great strides with regards to development, public safety, and many other areas of work within the city. 2. What are the manager's strongest qualities? She is a consummate professional and leader. Decisiveness and competency are at the core of her work performance. She always has answers to questions and solutions to problems that are rooted in fact and objectivity. 3. In what areas does the manager need to improve? Recommendations. None. 4. Two things the manager does that you would like him/her to continue. Continue being honest and confident in her judgment and decision making. S. Two things the manager does that you would like him/her to discontinue. None. 6. Two things the Manager does not do you would like him/her to start. None. Page 14 of 16 Page 835 of 960 Performance Evaluation for the City Manager Signature Page Justin Katz 12-12-2016 Evaluator's Signature Date Justin Katz Evaluator's Printed Name City Manager's Signature City Manager's Comments: Performance Conference Date: Page 15 of 16 Date Page 836 of 960 Page 16 of 16 Page 837 of 960 61 Performance Evaluation for the City Manager FOR: Lori LaVerriere DATE: F., I Z I Z 111,11 4WAR I I 1. The Mayor and each City Commissioner is requested to complete evaluation form based on his/her assessment of the City Manager in ten major areas of responsibility that include a total of 32 specific pefformanori measures. An "Overall Impression" rating and six (6) comment areas are also included. 2. The Mayor and each City Commissioner shall discuss the evaluation individually with the City Manager at a Performance Conference. Preliminary scores may be adjusted as a result of the discussion. There is a "Comments" section below each question for clarification purposes, if necessary. 3. A composite Ratings Summary Chart shall be prepared by the City Manager and provided to the City Commission. (The detailed rating sheets of the other Commission members will be provided when requested.) 4. The performance evaluation shall be reviewed at a Commission meeting at which point the City Commission shall consider an increase in the Manager's compensation. 110"N"Iffly RaLinga Scale: Each question isfollowed by a rating scale. Raters may circle the selected performance indicator (1, Z 3, 4 or 5) or place an "X" along with a numerical score on the rating scale line when You feel a rating falls between two whI le numbers. There are 32 listed performance indicators in the ten major performance categories on the pages thatfollow: 1 = Unsatisfactory: poor, needs substantial improvement = VERY DISSATISFIED 2 = Below expectations: needs improvement = MARGINAL 3 = Satisfactory: meeting an acceptable performance level = SATISFIED 4 = Meeting expectations: very good = MORE THAN SATISFIED 5 = Exceeding expectations: excellent = VERY SATISFIED Page 838 of 960 wrmrgnmm��� I. Leadership: Does the City Manager motivate others to maximum performance? Is the City Manager respected as demanding but fair? Is the City Manager providing the necessary assistance to the Board and leadership to the City's staff and volunteers? Does the City Manager get enthusiastic response to his/her new ideas and needed organizational changes? + + + + + 1.0 2® 3.0 4.0 5.0 (;5 Unsatisfactory Below Satisfactory MeetsE :0�ds Expectations Expectations Expectations COMMENTS: 2. Supervision: Does the City Manager adequately supervise and direct the activities of the Department Heads and staff? Is the City Manager able to control the operational activities of the City through others? + + + + + 1.0 2.0 3.0 .0 5.0 Unsatisfactory Below Satisfactory '-19 eets Exceeds Expectations Expectations Expectations COMMENTS - 3. job Organization: Does the City Manager delegate responsibility effectively.? Does the City Manager use his/her time productively? Does the City Manager program activities in an orderly and systematic way? a 2.0 Below Expectations 0 �1 a 5.0 Exceeds Page 839 of 960 4. Staff Development: Does the City Manager appoint and train effective subordinates? the City Manager able to recruit and retain quality employees? Is the Manager committedtLI having City staff operate well as a team? Does (s)he effectively develop Department Heads ani staff members? G 0 1.0 0Unsatisfactory B e Expectatiol a 3® Satisfactory MOT, 0 5.0 Exceeds . . . . . . . . . . . . . . 5. Budget: Is the budget developed in a systematic and effective manner? Is the budget proposal from the Manager reasonable and appropriate? Is the annual budget presented in a timely manner and does it reflect a well-planned, realistic and accurate financial plan? Does the City Manager carry out the budget satisfactorily and control expenses within the levels set in the budget? G a 1.0 2.0 Unsatisfactory Below Expectatiol COMMENTS: - G 8 4.0 Meets I I MrIT-Wri =0 6. Agendas: Does the Manager prepare comprehensive, relevant and complete agenda topics and reports for the City Commission? a U Li 5.0 Exceeds Page 840 of 960 COMMENTS: B. Managing Multiple Priorities: Is the Manager capable of prioritizing arfoi implementing multiple priorities while considering the most important goals, objectives a tasks facing the City? I 1.0 2.0 Unsatisfactory Below Expectatiol I Exceeds Expectations Expectations COMMENTS - Page 841 of 960 10. Execution of Policy: Does the City Manager understand and comply with the overag policies, laws and philosophy of the City? Do his/her efforts lead towards successf§ accomplishment of goals? Does the City Manager measure results against goals and ta corrective action? I G Q 1.0 2.0 Unsatisfactory Below Expectatiom! XOM a Q 4.0 Meets # I I 11. Program Development: Does the Manager translate policies and objectives i1n, kielt I rim "WA _iW13" is i W Mri InItHs"1111IN-11-- --mligunjorn't &.0,39 I&II' " .1 Is a I G rM 1® 2® Unsatisfactory Below Expectations MW U + 4 0 5.0 Exceeds — !c-5t(Iii ectations 12. Imagination - Initiative: Does the City Manager show originality in approaching problems? Does the City Manager create effective solutions? Is the City Manager able to visualize the implications of various alternatives? a a G 1.0 2.0 10 Unsatisfactory Below Satisfactory Expectations COMMENTS - a 5.0 Exceeds I . I Page 842 of 960 13. Communication: Does the City Manager keep appropriate people informed? Does t1s City Manager present his/her thoughts in an orderly and understandable manner? Is the Ci Manager able to be persuasive? i COMMENTS 0 4.0 Meets 14. Reporting: Does the City Manager submit accurate and complete staff reports on schedule? Do the reports adequately convey information on the City? 4- + + + 1.0 2.0 Unsatisfactory Below Expectatiol :M4.0 .0 sets xcee ds oris Expectations 15. Commission Communication: Does the Manager provide the Commission with adequate information to make decisions? + + + 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations 50 Exceeds COMMENTS: . ...... - ................. Page 843 of 960 16. Written Communication- How effective are the Manager's letters, memoranda and other forms of written information? 1.0 2.0 3.0 4.0 Unsatisfactory Below Satisfactory Meets Expectations pectati J.V Exceeds 17. Response to Commission: Does the Manager respond in a positive way to suggestions and guidance from the Commission? Is the Manager attuned to the Commissions' attitudes, feelings and needs? 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations COMMENTS:— 4.0 Meets V1. Long Range Planning 18. Strategic Planning. Does the Manager help develop effective goals, objectives, policies and procedures while providing an annual work plan that advises of present and future needs of the City? 1.0 Unsatisfactory 1, 3.0 Satisfactory 5 Page 7 of 15 011. 4.0 Meets Page 844 of 960 19. Economic Development: Does the Manager demonstrate leadership and vision in promoting the economic development of the City while maintaining concerns for "quality of life" issues? + + + + 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: Snq, ------------ - 4.0 Meets 0.s Exceeds 4 20. Multi -Year Approach: Is the City Manager helping the City Commission to address t City's future through multi-year planning and appropriate capital budgeting? + + + + 1.0 2.0 Unsatisfactory Below Expectation:§ 151093RUM 4.0 Meets Expectations ,,tje_r . � IVV4 Exceeds gjula�* -1 VII. Relationship with Public/Public Relations 2 1L. Media Relations: Is the Manager skillful in his dealings with the news media? Does t City Manager properly convey the policies and programs of the City? 1.0 2.0 3.0 Unsatisfactory Below Satisfactory Expectations MCOMMENTS- VVWL VX Page 845 of 960 22. Community Reputation: What is the general attitude of the community tothe Manager? Is the City Manager regarded as a person of high integrity and ability? Is his/her public credibility an asset or liability to the City? 4 0 M ets ExLee 1.0 2.0 3.0 4.0 5.01 atis I Unsatisfactory Below Satisfactory Meets Excee tions Expectations Expectations W tions =MFT3TT= 23. Intergovernmental Relations: Does the Manager work effectively with federal, state, and other local government representatives? Is the relationship with other local government, officials beneficial to the City? Is the City Manager able to facilitate cooperative efforts among various local agencies and the City? Page 846 of 960 � ? , I 11111111111 1111111 24. Objectivity: Is the City Manager unemotional and unbiased? Does the City Manager take a rational and impersonal viewpoint based on facts and qualified opinions? Is the City Manager able to divide his/her personal feelings from those which would most effectively convey the City's interest? 8 a 1.0 2.0 Unsatisfactory Below Expectations COMMENTS- 0 a 5.0 Exceeds rM U 1.0 2.0 Unsatisfactory Below Expectations COMMENTS:, U �J U 5.0 Exceeds 26. Stress Management: Is the Manager able to resolve problems under strain and unpleasant conditions? How well does the Manager tolerate conditions of uncertainty? Does the Manager respond well to stressful situations and adequately deal with the stress inherent to the position? . ...... . . .. . . ...................................................... . . . .................. . . . . .................................................................................................................. 1.0 2.0 Unsatisfactory Below Expectations 3® 4.0 Satisfactory Meets Expectations Page 847 of 960 27. Leadership Style: Does the Manager display a leadership style that is firm, but flexib and adaptable, while responding to individuals or situations in an appropriate, positi 1.0 2.0 Unsatisfactory to Expectations 3.0 4.0 S" Satisfactory Meets Exjcee Expectations Ex ions 28. General Attitude: Is the City Manager enthusiastic? Cooperative? Willing to adapt? Does the City Manager have an enthusiastic attitude toward the City, both professionally and personally? + + + —I 1.0 2,.0 Unsatisfactory Below Expectatio [Or ajm� I M 3.0 4.0 Satisfactory Meets Expectations 29. Drive: Is the Manager energetic and willing to spend the time necessary to do a good 11 ............ 0 flow I Oug HIM w I If$ MR1.1 11-114 Page 848 of 960 30. judgment and Decisiveness: Is the City Manager able to reach quality decisions ine timely fashion? Are his/her decisions generally good? Does the City Manager exercise go judgment in making decisions and in his/her general conduct? I G a 1.0 2.0 Unsatisfactory Below Expectations COMMENTS: G + + 4.0 5.0 Meets Exceeds )ectatio Expectations 31. Integrity: Does the City Manager properly avoid politics and partisanship? Does the Manager fulfill his/her responsibilities and duties in accordance with the ICMA Code of Ethics? Is the City Manager honest and forthright in his/her professional capacities? Does the City Manager have a reputation in the community for honesty and integrity? 0 G 1.0 2.0 Unsatisfactory Below Expectations G 3.0 Satisfactory G 4�O Meets + 5.0 Exceeds �11�1 11MIS I Raj Wi ill III l!!�lllllrlll i'll'' ill nonest nnn M7n7Ffl7AWse'1 allu LN cake responsibility for mistakes which are his? Is the City Manager confident enough to ma IOU -fecisions and take actions as may be required without undue supervision from Commission? COMMENTS: 2.0 Below 3.0 Satisfactory 4.0 Meets Page 849 of 960 OVERALL PERFORMANCE IMPRESSION: X AW /v I tf �. tv �, r Is .0 2.0 S.0 Unsatisfactory to Satisfactory Meets Lpectat)io Exceeds Expectations Expectations COMMENTS: �ej rlo f LOPQ L!fi2:1Lha1_,A X AW /v I tf �. tv �, r Is Page 851 of 960 Signature Page M Evaluator's Date City Manager's Signature Date, City t''S f EM& Page 852 of 960 This Addendum amends the Appointment Letter between the City of Boynton Beach and the undersigned. Unless expressly modified by this Addendum, the original terms of the Appointment Letter and any previous Add�ndum shall remain in full force. The Appointment Letter is amended as follows: BASE SALARY. Paragraph 2.1 of'Employee"s Appointment Agreement is revised to increase the base salary by 3%. effective December 1, 2015, Each and every other term and condition of the original Appointment Letter, and any subsequent addendum, not herein specifically amended shall remain in full force and effect. In the event of a conflict between the Appointment Letter and this Addendum, the Addendum shall control. The foregoing provisions represent the agreement of the parties and become effective upon signature of the parties. A Dated: Dated: / T lor Lori La crr-iere� ayor Page 853 of 960 This Addendum amends the Appointment Letter between the City of Boynton Beach and the undersigned. Unless expressly modified by this Addendum, the original terms of the Appointment Letter and any previous Addendum shall remain in fiffl force. The Appointment Letter is amended as follows: r."ASE SALARY. Paragraph 2.1 of Employee's Appointment Agreement is revised to �ncrease the base salary by 2%, effective December 15, 2014. Each and every other term and condition of the original Appointment Letter, and any subsequent addendum, not herein specifically amended shall remain in full force and effect. In the event of a conflict between the Appointment Letter and this Addendum, th- de + dendum shall control. The foregoing provisions represent the agreement of the parties and become effective upon signature of the parties. j Dated: Dated: /AE/1 Oiere J Ta 3 4 Dh LaV' r,-- ayor F-(-ElVf D ON 1. it Page 854 of 960 �11 �# Z&VIin, This Addendum dated the _W day of January, 2014, amends the Appointment Agreeme between the City of Boynton Beach and Lori LaVerriere, City Manager. Unle WIN i Q W41, W111"HAOIN"i 1. BASE SALARY. Employee's annualized base salary of $165,000.00 is increased by 3% effective December 18, 2013. 2. 11.3 CITY and CITY MANAGER agree to execute all necessary agreements provided by the International City Management Association -Retirement Corporation (ICMA-RC) for CITY MANAGER's participation in said ICMA-RC retirement plan, or any other comparable deferred compensation program. In addition to the base salary paid by the CITY to CITY MANAGER, CITY agrees to pay an amount equal to 8% of the CITY MANAGER's base salary not to exceed the maximum annual contribution' including catch up permitted by IRS regulations into the ICMA-RC account on CITY MANAGER's behalf, in equal proportionate amounts each pay period, and to transfer ownership to succeeding city or other qualified employer or the CITY MANAGER upon CITY MANAGER's resignation or discharge. 3. Each and every other term and condition of the ornal Appointment Agreement, and any subsequent addendum, not herein specifically amended shall remain in fWI force and effect. 4. In the event of a conflict between the Appointment Agreement and this Addendum, the Addendum shall control. By- Dated:A-_j ("?Ciq jIERRYtAY�R Mayor ated:_//jF///3 LORI LAVERRIERE City Manager Page 854v*0 APPOINTMXNT AGREEMENT th THIS AGREEMENT, made and entered into this day of Febraary� 2013, by and between the City of Boynton Beach, Florida, a municipal �orpiration, evari and Low LAVERRIERE C'CITY MANAGEIV), pursuant to these terms and conditions: WITNESSETH: MR Kim cl - a go 6� Y WHEREAS, the Commission has determined that LORI LAVERRIERE meets thw qualification requirenients to save as City Manager and wishes to formalize her December 18, 2012 appointment as CITY MANAGER of the City of Boynton Bewh and provide terms aw,;) conditions of appointment; and NOW, THEREFORE, the COMMISSION, acting on belialf of and for the benefit of the CrIY and CITY MANAGER agrac as follows: 1.1 CrIY MANAGER shall perform the fimetions and dutiesspecified in Article IV, Section 49, of the City Charter and other legally permissible and proper duties and functions as required of the office or as direcW by the COMMIS SION. 1.2 CITY MANAGER agrees to perform the diaties of CITY MANAGER with diligencc� sIdl! and expertise. I 2WEEMM 2.1 CITY will pay CITY MANAGER for an annualized base salary of ONE HUNDRED SIXTY-FrVE THOUSAND ($165,000.00) DOLLARS, payable in equal bi-weekly payments; paid at the same time that other managerial level employees of the CITY are paid. 3.1 The COMMISSION will provide the CITY MANAGER with a performance evaluation no less thm annually, utilizing a process, fixm, criter* and format for the evaluation which shall be agreW upon by the members of the CONSIISSION m consultation with the CITY MANAGM Page 856 of 960 3.2 In conjunction with any review of perfbrinance, the COMMISSION may increase the base salary and/or other benefits of CITY MANAGER in such amounts and to such extent as the COMMISSION may determine is proper. 3.3 The COAAfISSION may, from time to time, grant the CIW MANAGER a perf)rmance based bonus, providpd the bonus is granted in accordance with s. 215.425, Floiida Statutes.1 4.1 The term of this agreement commences when signed by both parties and is retroactive to December 18, 2012. The compensation differcntial resulting from the CITY MANAGER's salary adjustment shall be paid in lump sum the first full pay period immediately following the execution of this agreement. a-.2 The N serves at the plemm of the City Commission and therefore the appointment has no fixed term. 4.3 Nothing in this Agreement shall Hmit the right of the COMMISSION to taminate the appointment of CITY MANAGER at any time� subject only to the provisions set forth in Section 5.0 of this Agreement. 4.4 Nothing in this Agreement shah prevent limit� or otherwise interfere with the right of the CITY MANAGER to resign at any time from her position with the CITY, subject only to the provisions set forth in Section 5.0 of this Agreement 4.5 The Commission consents to the CITY MANAGER to residing outside the City liLt,' ts of Boynton Beach. I 1 1111 'g�g �'� 111 5.1.2 by the CITY CONIMISSION's unilateral termination of CJJY MANAGER. N Page 857 of 960 5.2 In the event of a conflict between the sevemce benefit terms of this agreemew, and the limitation on severance benefits as provided in s. 215.425, Florida Statutes, thi provisions of the, statute shidl prevail. 6.1 Unilateral tezraination shall be by vote by the COMMISSION and need not refleet performance related reasons. In the event of a termination for misconduct, the CITY MANAGER is not entitled to severance pay in acAux-datice with s. 215.425, Flozida Statutes. If this Agreement is terminated by unilateral action by the CITY not based on misconduct� CITY MANAGER shall be entitled to-, 6.1.2 twenty (20) weeks of severance pay. The term severance pay shall have the meaning as set forth in s. 215.425, Florida Statutes. 6.1.3 reimbursement for as -yet unreimbursed expenses pursuant to this Agreement. I L I I "I WR 7.1. If this Agreement terminates upon mutual ageement of the parties, CrN NIANAGER the negotiated terms of severance shall be consistent with the limitation on severance pay as set forth in s. 215.425, Florida Statures. 8.1. If this Agreement terminates due to CITY MANAGER!s disgility or death, CITY MANAGER or her guardian or personal representative shall be entitled to the following compensation and benefits, Page 858 of 960 I I I I I I IF, I i I I I 1r 11 Ii 1111 Ill 1117115; 1111111ill !1111 1111 lilt, I nl,K;Vw= � reimbursement for as -yet unreimbursed business expenses pursuant to this Agreement. 12191111w:177 P, le"m U -m wmj tsmm­ M., m 9.1.1 base salary through the date of resignation or such other date as mutually agreed to between CITY MANAGER and the CITY. 9.1.2 reimbursement for as -yet unreimbursed expenses pursuant to this Agrement. 9.2. A resigmation shall be submitted in writing to the COMMISSION througb the City Clerk and shall provide for an actual resignation date no later than thirty (30) days following the date of notice of resignation, or later with the conscmt of the COMMISSION. The COMMISSION may establish an earlier separation date, but compensation and benefits shall accrue through the fall ddity (30) days. 10.1. The CITY shall provide use of a vehicle to the CITY MANAGER which shall used for business and unlimited personal use within the State of Florida. vehicle shall be suitable for corulucting City business and of comparable quality vehicles purchased for or assigned to City Managers in Palm Beach County. 0 Page 859 of 960 I I A The CITY will pay the premiums for City provided health, vision, dental, and disability insurance for the Employee and her dependents. 1.2 CITY shall pay for and provide the CITY MANAGER with tam life insurance in an amount no less than $330,000.00. The City will not be responsible for policy renewal after the date of termination of appointment. 1] .5 CITY MANAGER will accumulate sick leave as provided under the rules and regulations for other managerial employees of the CITY, including pay -out for unused sick leave on termination based on the standard for employees of the CITY hired before October 1, 1991. Page 860 of 960 Management Association, and such other national, regional, state, and local organizations, civic groups, and committees which the CIW MANAGER of ths CrIT is a member and as the CITY may designate. 11.7 CITY will pay for the registmfion, travel and subsistence expenses of the Cl MANAGER for short courses, institutes, and seminars that are necessary for professional development and the good of the CITY. I 12.1- CrJY will reimburse CITY MANAGER for all business-related expenses upon presentation to the Finance Di=Wr of duly executed expense vouchers, receipts, statement or personal affidavits. 14.2 CITY reserves the right to select, appoin4 retain, and discharge legal counsel necessary to provide the foregoing defense. 15.0 hDomnd nil Page 861 of 960 ii 5.1 CITY shall bear the full cost of any fidelity or other bonds required of the CITi MANAGER under any law or ordinance. 16.1 The CITY -has appropriated fiinds of the CITY in an amount sufficient to'fimd and pay all financial obligations of the CITY MANAGER pursuant to this Agreement, including but not limited to, the Severance and other benefits set forth above. r-6.3 Them are no established hours of work for the CITY MANAGER. The CITY MANAGER shall dedicate herself to the tasks necessary to effwtively and efficiently manage the affairs of theMANAGER may a4just her regular work schedule to balance the demands of extended business days and night meetings, upon reasonable notice to the COMMISSION, 16.4 The CITY will provide the CUY MANAGER with a laptop computer or other similar electronic devices suitable for on and off site business use. 17.1 The Agreement shall be binding on the CrIY and CITY MANAGER and thL successors, assigns, and heirs of each respectively. 17.2 Ihe effective date of the Agreement shall be the date it is last signed by either the CITY or the CITY MANAGER, Page 862 of 960 Awi IN WITNESS WHEREOF, the parties sign and exemAz this Agreement. 6y[V'l'M Woods Approved as to Form: ' 306k90019,2 G3 7°a 2/0=3 6-26 PM CITY OF BOYNTON BEACH, FLORIDA CITY ANAG m Lori cre TEST: Pt�yClerkm Page 863 of 960 12. B. NEW BUSINESS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Approve the request of Mayor Steven B. Grant to distribute $300 of his Community Support Funds to the 211 Help Line, a non-profit organization. (TABLED ON 12/6/16) EXPLANATION OF REQUEST: 211 is a community helpline and crisis hotline that provides suicide prevention, crisis intervention, information, assessment, and referral to community services for people of all ages. Individuals and families living in Palm Beach County, can call 2-1-1 to speak with a highly trained resource specialist. Calls to 211 HelpLine are Free, Confidential, and 24/7! HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted Funds were included in approved FY 2016/17 Commission budget under account 001-1110-511-95-47, $2,000 per member. ALTERNATIVES: Do not approve the use of the funds. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Addendum REVIEWERS: Department Reviewer Description Community Investment Funds Request Action Date Page 864 of 960 City Clerk Foyle, Judith Approved Finance Howard, Tim Approved City Manager LaVerrier , Lori Approved 111291201 - 4:11 PPA NWAUBDIENESEIM 11/:0/201 - 9:52 ANA Page 865 of 960 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request:. //" 7 / Requested by Mayor/Commissioner: Amount Requested: $ 300 Recipient/Payee: '2, ( y k p Sw Description of project, program, or activity to be funded: 211 Palm Beach Count-,,;,,/ Treasure Coast is into its fifth decade of providing a team of specially trained staff to asisst callers with crisis intervention, suicide prevention, in ormation, assessment and rezerra,l to community services L4 nours, .ib5 aays a year. Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is Q—A °��,� �„ ` The balance of funds available for the requesting Member of the Commission is Accordingly: There are funds available as requested LJ There are insufficient funds available as requested Dated: 4Li. ;i:. i B { Y: City Clerk Part III -Eligibility Evaluation , Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit IS-- The recipient/payee provides services within the City The public purpose is beneficial to the en ' muy se "may such donation Dated: :� By: Requesting W6mber of the City Commission Page 866 of 960 MENU (http://www.211 paimbeach.org/) Asa 501(c) 3 non-profit agency, 211 Palm Beach/Treasure Coast is into its fifth decade of providing a team of specially trained staff to assist callers through its 211 HelpLine with crisis intervention, suicide prevention, information, assessment and referral to community services, 24 hours a day, 365 days a year. Additionally, 211 Palm Beach/Treasure Coast collects and maintains information on community health and human services and makes this information available via its hotlines, helplines, printed directories, and on the web. Services are provided at no cost to anyone regardless of race, age, religion, national origin, sexual orientation, or disability. Click Here to Download the 211 Request for Proposal (http://cdn.trustedparLner.com/docs/library/PaImBeachTreasureCoast2l l 2015/About% 20Us/211 RFPandQuestionnaire.pdf) Page 867 of 960 Click Here to View Annual Report (http://publications.211 pbtc.org/annualreport.pdf) Click Here to View 990 Tax Return (http://cdn.trustedpartner.com/docs/library/Palm BeachTreasureCoast2112015/About%2OUs/2015% 20Form%20990%2OPublic%2ODisclosure%2OCopy%20-%20211 %2OPalm%2OBeach%2OTreasure% 20Coast.pdf) ABOUT THE 211 DIALING CODE In July 2000, the Federal Communications Commission designated the three digit number, 2-1-1, nationally to serve as the abbreviate dialing code for access to community information and referral services. Effective February 11, 2002 The Center for Information & Crisis Services implemented 2-1-1 service for Palm Beach County and by January 1, 2003 the residents of Indian River, Martin, Okeechobee and St. Lucie counties could also dial 2-1-1 and receive information, referral, telephone counseling and crisis intervention services. People call 2-1-1 for many reasons. Some simply need a phone number to a community program, while others call because they need to talk over a problem. Callers are: • Single parents trying to make it on their own Page 868 of 960 • Parents struggling with out -of -control kids • Adult children concerned about their aging parents • Elderly adults trying to retain their independence • Depressed individuals trying to keep their lives together; young children alone or afraid • Teens struggling with adolescence • The financially disadvantaged of all ages who are on the verge of being evicted or having their electricity or water shut off • They are also teachers, social workers, judges, nurses and other social services. Every call to 211 is considered unique and responded to by a trained, caring and empathetic specialist. Quick Links Events (superhero -event) News (news) Donate (donate) Volunteer (volunteer) CONTACT US: Text your zip code to 898211 to receive help via texting or email us at Help@211 pbtc.org Search search... GJ 211 Palm Beach /Treasure Coast, Inc. is a 501(c)(3) nonprofit organization in the State of Florida © 2016 211 Palm Beach / Treasure Coast, Inc I All Rights Reserved Trusted Partner-, by 'Fc rte'nt?­ .qct ve Page 869 of 960 Stanzione, Tammy From: Tara Murray <tara.murray@211pbtc.org> Sent: Friday, November 18, 2016 8:56 AM To: Stanzione, Tammy Subject: 211 Helpline Donation Hi Tammy, That is so wonderful —thank you! The check can be made out to 211 HelpLine and can be sent to: 211 HelpLine PO Box 3588 Lantana, FL 33465 Please let me know if you have any further questions! Thanks! Vice President, Development & Community Affairs 21'1 Palm Braach/Treasure Coast P.O. Box 3588 Lantana, FL 33465 Tel: (561) 383-1128 Fax: (561)547-8639 Email: tara.murray@21 1 pbtc.org Web: 211 PalmEeach.orci 21 1TreasureCoast.©rg 1 Page 870 of 960 12.C. NEW BUSINESS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Consider proposal received by Community Caring Center for the leasing of space at the Library to operating a Cafe. EXPLANATION OF REQUEST: The City has received a proposal from Sherry Johnson, Executive Director of the Community Caring Center of Greater Boynton Beach, Inc. to lease the space at the Library that was previous called Sailfish Cafe. The City previously issued an RFQ No. 034-2610-15/JMA in March 2015 to operate a public cafe in the Library space known as "The Sailfish Cafe", no lease agreement has been executed by the City for the space. If Commission would like for staff to work with Community Caring Center on an agreement for the Cafe space, staff would recommend officially cancelling RFQ 034-2610-15/JMA first and then request staff to bring back an agreement for concessionaire services to operate a cafe at the library with the Community Caring Center. Attached is the proposal and information received from Community Caring Center, a listing from the City's viewpoint as to what the City would be responsible for and what the vendor would be responsible for, along with a draft agreement. If requested, staff would expect to bring back to the Commission an Agreement on January 3, 2017 to be considered. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? If the City moves forward with a lease agreement, a cafe will be in the library. FISCAL IMPACT: ALTERNATIVES: Do not proceed with this proposal, issue another RFP/RFQ, or do not pursue having a cafe in this space. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 871 of 960 Grant Amount: ATTACHMENTS: Action Type D Letter D Attachment D Attachment D Attachment D Agreement REVIEWERS: Department Finance Finance City Manager Description Caring Center Letter Community Caring Ctr Proposal - Cafe Sample menu items Sample City & Concessionaire Obligation DRAFT Cafe Agreemetn Reviewer Action Date Howard, Tim Approved 12/14/2016 - 1:44 PPA Howard, Tim Approved 12/14/2016 - 1:45 PPA LaVerriere, Lori Approved 12/15/2016 - 8:48 AM Page 872 of 960 Board of Directors: Joyce C. Portnoy, President Everlene Baker, I`VP Doreen Robinson, 2nd VP Paula Melley, Secretary Ronald Rauh, Treasurer Maureen Connolly Allan Hendricks John McGovern Tamara Bryan Sylvestre Advisory Committee: Rev. Harold Dom Dr. Timothy Kehrig Staff. Sherry Johnson, Executive Director Social Services Emergency Food, Shelter, & Financial Assistance DCF — ACCESS Partner Food Stamp Application Homeless Outreach Food Pantry USDA Faith in Action Frail & Elderly Caregiving Economic Development Culinary Incubator Catering Urban Framing Project Children's Gardening & Nutrition Education "Easy Garden Gourmet" Nutrition Cooking Classes Food Preservation Classes 5 A -Day for Children Senior Veggie Mobile Home Delivered Meals Community Caring Center Economic Development Department Secret Garden Cafe, A Culinary Incubator Program 410 E. Boynton Beach Blvd Boynton Beach, F133435 561.752.8598 Website: www.ceegbb-org.webs.com November 14, 2016 Ms. Lori LaVerriere, City Manager City Commissioners City of Boynton Beach PO Box 100 Boynton Beach, FL 33435 of Boynton Beach, Inc. Social Service Department 145 NE 4th Avenue Boynton Beach, FL 33435 Phone: 561.364.9501 Fax: 561.364.7288 PROPOSAL Leasing f the Sailfish Cafe, Beginning January 2017, Closed July 1 thru August 15th Dear Ms. LaVerriere and Commissioners: The Community Caring Center of Greater Boynton Beach, Inc. d/b/a The Secret Garden Cafe, A Culinary Incubator Program, would like to submit the attached proposal for the leasing of the Sailfish Cafe. We think that this would be a perfect retail outlet for all of our incubator talent and would provide fresh and healthy food to the community. Staffing would be maintained to provide 7 AM to 3 PM food service featuring fresh coffees, French pastries, granola, stratas, quiches, and healthy juices as breakfast options, soups, salads, wraps, healthy fresh fruits and snacks, along with a daily featured "hot" lunch items. Cuisines would include Paelo, Vegan, Vegeterian, southern comfort, Italian, Mexican, French, German, New Orlean's, Jamaican, as well as, normal every day regular folks, better than fast food selections. A typical menu is attached for your review. Items would include pricing from $1 to $20. We are offering to pay rent equal to the electrical bill each month, keep the place clean and asking that you deliver it to us clean and all equipment in working order. We'll provide and obtain all licenses, inspections and insurances required by you and all regulating authorities. We ask that you repair and maintain your equipment when necessary. We would also like to have permission to place two (2) black mesh 36" tables and eight (8) chairs with two (2) umbrellas for outside patio seating during hours of operation, and allow us to have an outside sandwich menu board, and a trash container for outside the cafe. Should you have any additional questions, please feel free to contact me at 561-350-0473. Sincerely, 9044"ot, Executive Director HOPE AND OPPORTUNITY! Page 873 of 960 Proposal Rental of the Sailfish Cafe City of Boynton Beach Library The Community Caring Center of Greater Boynton Beach, Inc., dba Secret Garden Cafe, A Culinary Incubator Program, ("CCC"), would like to submit a proposal of the leasing of the Sailfish Cafe located at the north end of the Boynton Beach Library. RENT: The CCC is proposing to lease the space from the City of Boynton Beach. We are suggesting that the rental cost to be considered would be equal to the electrical cost each month from Florida Power and Light for the Sailfish Cafe area exclusively. We are assuming that it is on its own meter and does not include any electrical costs associated with any adjacent areas belonging to the Library. If the meter does include adjacent Library space, then a pro rata share should be determined and agreed to by both parties. DAYS & HOURS OF OPERATION: CCC would operate from 7 AM to 3 PM on the same days as the Library is opened, with the reservation that if it is determined that Fridays would be cost effect even with the Library closed, or in the event that there are special events in that area, CCC would be able to remain open on Fridays with proper notification to City and at CCC's discretion. Cafe would be closed July 1 thru August 15th to allow for cleaning, maintenance, staff vacations, menu revisions, marketing campaigns for upcoming season, and repairs. INSURANCE: CCC would maintain adequate insurance required by the City of Boynton Beach, listing them as additional insured. LICENSES: CCC would acquire all necessary licenses for the operation of the space through the Department of Professional Regulation, Hotels and Restaurants and any other regulatory agencies determined to be necessary. MENU: Menu would be healthy foods that are reach and grab — see attached menu. Foods would be prepared by various incubator clients at the Secret Garden Cafe, and delivered fresh each day for sale STAFFING: CCC would provide staffing during hours of operation and provide adequate training and certifications as required by the State of Florida and local regulatory agencies. CLEANING AND EQUIPMENT: CCC requests that the facility, fixtures, and all equipment be checked and delivered operational, clean, and in good condition and that the City of BB would provide all required maintenance and repairs for its equipment, including but not limited to all windows, doors, storage, floors, & equipment. CCC would also ask for an itemized listing of all equipment entrusted to our use, along with date of purchase and repair and maintenance log for our insurance carrier. City of Boynton Beach is responsible for the repair and replacement of any equipment including air conditioning & alarms, handicapped fixtures. CCC will be responsible for cleaning floors, tables, equipment, and removal trash daily. SIGNAGE: CCC is asking for permission for sandwich board signage, and two (2) tables, chairs, and umbrellas for patio. CCC will apply for all permits regarding request. MARKETING: The City of Boynton will assist CCC by posting marketing materials to employees and access to on-line menu, cafe phone numbers, and website. CCC will provide FREE delivery to City Departments for all orders of $25 or more. Sailfish Cafe Menu Suggestions 7 AM to 11 AM — Breakfast Items LePetit Pain French Pastries FREE EXCHANGE Coffees, Espresso & Frappes Quiche, Strata Granola, Fruit Bowl Breakfast sandwiches or made to order omelets Seasonal Fruit including Oranges & Bananas, Melons, Berries 11 AM to 3 PM — Lunch and Snack Items ("Grab & Go" microwave recycled containers) Spaghetti Squash & Lemon Picatta Chicken, Mediterranean Chicken Kabobs on rice Vegan & Vegetarian Dishes Paleo Menu Prices range from $7 to $12 Daily "Hot" Item: (featuring each day one vegan and one regular item) such as Lasagna, Eggplant Parm, Vegan or Reg Meatloaf & Mashed, Stir fry & Rice, Gumbo, Pot Roast & Roasted Vegetables, Vegan Avocado stuffed Ceviche, include salad and bread or chips or fruit. $9 to $15 Salads: Garden, Tabouleh, Caesar, Mediterranean, Chef, and Cobb Hummus, Prices range from $3.99 to $9.99 Wraps: Mediterranean Organic Chicken Salad Tuna Salad, Egg Salad Ruben, Turkey Club Prices range from $6.99 ea or $9 combo (cookie, baked chips, pickle, water or soda) Fresh Soups: Tomato Basil - Organic Chicken Vegetable - Organic & all natural chicken French Onion - Vidalia onions and grass fed beef stock Kale and White Cannelloni Beans (with or without sausage, rice) Hearty Beef Vegetable - grass fed chuck roast Lobster Bisque Chicken Tortilla - all natural chicken Ham & Bean A. A C D 1. 2. 3. 4. BACKGROUND: The City will lease the designated portion of the Library building known as the Sailfish Cafe to the concessionaire for a period of one (1) year, and the option for two (2), one (1) year renewals. The Cafe occupies approximately 711 square feet, within a concrete structure at 208 S. Seacrest Boulevard, Boynton Beach, Florida, which is located at the northeast corner of the Library plus a 97 square foot storage room. The Cafe has direct access to the Library and to the outside. The space designated as the Cafe, is owned by the City of Boynton Beach, Florida, and operated for the selling of food and beverages for Library patrons and the general public. LIBRARY HOURS OF OPERATION: Monday through Thursday 9:00 A.M. to 8:30 P.M. Saturday 9:00 A. M. to 5:00 P.M. Closed Fridays and Sundays Cafe operations are expected to correspond with the Library hours (minimum). OBLIGATIONS OF THE LIBRARY: The Library will provide the following: ■ 711 square feet of finished space in the Library ■ 97 square feet of storage area ■ Electric service ■ Hot and cold water service ■ Cable Service ■ Wi-Fi ■ Pest Control ■ Fire suppression and alarm system ■ Refrigeration Units ■ Display Cases ■ Tables and Chairs ATTACHMENT "A"- EQUIPMENT PLANAND SCHEDULE OBLIGATIONS OF THE OPERATOR: The operator will sell food and beverages as allowed by the City Of Boynton Beach at competitive prices. Operator shall provide all working capital, additional operating equipment, and inventory necessary to effectively manage the cafe. Sample /Layout to be submitted with proposal, to include all furnishings. Operator may offer non -consumables for sale. Non -consumables may include, but are not limited to coffee mugs, hats or tee shirts; however, the City Of Boynton Beach Page 877 of 960 reserves the right to have the final approval of such items. No alcohol or tobacco products shall be offered for sale. 5. City shall not be responsible for any goods or equipment stored at the cafe or storage room nor will it be responsible for damage resulting from a power failure, flood, fire, theft, vandalism, explosion and/or other causes. 6. The city reserves the right to inspect premises at any time. 7. The operator shall keep accurate records of all sales and receipts through the use of electronic cash registers which provide daily tapes and reports. The operator will prepare a monthly report and mail to: Craig Clark, Library Director, 208 S. Seacrest Blvd., Boynton Beach, Florida, and attach copies of the daily tapes of each report. Report will be due the 1St of each month along with the lease payment. The City shall have the right to inspect the books, records and inventories of the operator at any given time. 8. At time of award, the operator shall file with the Finance Department, a $XXX.XX security deposit, refundable at the end of the term, without interest, after the determination that the operator has fulfilled all terms of the lease and left the premises in adequate condition, (normal wear and tear), as determined by the Library Director and City. 9. The concessionaire to provide: Menu Boards All licenses for the operation of the Cafe concession. Any additional professional equipment desired, including installation. Approved signage (approval by Library Director and City) All Cafe supplies E. FOOD PRODUCTS: The Operator will be responsible for the purchase, inventory and security of all food products offered for sale in the cafe. 2. The Operator shall arrange for the delivery of supplies used at the Cafe site, and in a manner so that such deliveries do not create congestion or undue interference with regular operation and maintenance of the site. 3. Items sold by the Operator are restricted by the City of Boynton Beach. Deep fat frying and flame grilling is not permitted. 4. City shall determine the final approval on what menu items are used. Approval will not be unreasonably withheld. 5. Expiration dates shall be clearly visible on all perishable food products. F. MAINTENANCE: Awarded vendor is responsible for keeping the Cafe area and seating areas neat and clean. Window glass in the Cafe interior must be kept clean; in particular the glass doors are to be cleaned daily. Counters, display cases, tables and chairs are to be cleaned daily. Concessionaire to mop cafe floors daily. Page 878 of 960 2. Vendor is responsible for the repair and maintenance of all equipment in the Cafe. 3. Vendor will ensure that interior trash receptacles, bussing stations, do not become messy or overfilled during business hours. Operator will empty trash nightly in the designated dumpster and recycling bins. Disposal costs will be absorbed by the City. 4. Awarded vendor is responsible for complying with all Fire Codes and all City Ordinances, recycling rules, regulations, and laws and rules of Federal, State, City, and County Agencies. G. CAFE PERSONNEL: The operator will provide, supervise, and compensate all cafe employees. The staff will be employees of the operator, not the City. The operator shall at all times be an independent contractor and the agreement shall not in any way create or form a partnership or joint venture with the City. No agent, servant, or employee of the operator shall under any circumstances be deemed an agent, servant, or employee of the City. Appropriate staff of operator shall be responsible for possessing food handling license(s) as required by the Florida State Health Department. 2. Consumption of alcoholic beverages, smoking, and use of tobacco products is prohibited inside the Library. 3. Operator's personnel shall, at all times, present a neat and professional appearance. 4. Personnel who pose a potential security risk must be replaced by the operator. 5. All employees must wear a badge to identify the company they are representing and their name. If a security badge is not issued by the operator, our Police Department will issue one for a nominal fee. 6. Operator shall provide a list of employees to the City and provide proof that the employer has done a background check with the State of Florida Department of Law Enforcement and the results of the background check for each employee who will be working at the cafe. City shall retain the right to prohibit an employee from working at the cafe based on the results of the background check. 7. Operator shall employ only competent personnel to perform cafe services. In the event that the City, at its sole discretion, at any term of this lease agreement, desires the removal of any person or persons employed by the operator to perform cafe services pursuant to this lease agreement, operator shall remove any such person immediately upon receiving notice from the City of the desire of the City for the removal of such person or persons. 8. Operator shall maintain copies of Material Safety Data Sheets (MSDS's) for all of the products used in the performance of the contract on the premises. The MSDS's shall be accessible to the operator's employees and to City employees for the purpose of reference with regard to toxic and hazardous properties, precautions on what to take and what to do in case of emergency. Operator shall follow all Library Building policies pertaining to emergencies and non -emergency drills. Page 879 of 960 DRAFT CONCESSIONAIRE SERVICES TO OPERATE A CAFE AT THE BOYNTON BEACH LIBRARY THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and , hereinafter referred to as "the Operator", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Operator is retained by the City to perform Concessionaire services in connection with the CONCESSIONAIRE SERVICES TO OPERATE A CAFE AT THE BOYNTON BEACH LIBRARY, located at 208 S. Seacrest Blvd, Boynton Beach, Florida. 2. SCOPE OF SERVICES. Operator agrees to perform the services, identified on Exhibit "B" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. LEASEHOLD PREMISES. The City agrees to lease to an Operator a portion of the designated City facility located at the Boynton Beach City Library. Location is at the North East corner, first floor of the new two story addition. The facility, a concrete structure of approximately 711 square feet, to include a 97 square feet storage room. The space is designated as the "cafe", and is owned by the City of Boynton Beach, Florida and operated for the selling of food and beverages to library patrons and the general public. 4. TIME FOR PERFORMANCE. Work under this contract shall commence upon the giving of written notice by the City to the Operator to proceed. Operator shall perform all services and provide all work required pursuant to this operator for one (1) year from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 5. PAYMENT. The Concessionaire shall pay the City a sum of each month for the first twelve (12) months of the lease agreement. Subsequent payments each month shall be based on Exhibit "B" attached hereto, a lease payment schedule based on the proposal from Concessionaire dated a. Said payment shall be made and received by the City on or before the 1St day of each and every month. A late fee of 15% will be charged if payment is received after the 5th day of the month. Any monthly payment not received by the 25th day of the month shall be grounds for termination of the contract. b. Operator will keep accurate records of all sales and receipts through the use of electronic cash registers, which provide daily tapes and reports. The Operator will prepare a monthly report to the City and attach copies of daily tapes of each report. The City will have the right to inspect the books, records and inventories of the Operator at any given time. Monthly reports shall be due on the first of each month. C. Final payment of any balance due the City of the total contract price will be made promptly upon its ascertainment and verification by the City after the completion of concession services under this agreement and its acceptance by the City. d. Security deposit of $XXX.XX made by the Operator at time of award will be returned to Operator at the end of the lease, without interest, after determination that the Operator has 1 1 Draft Page 880 of 960 fulfilled all terms of the lease and left the premises in adequate condition, as determined by the Library Director. e. The Operator's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the final payments. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Operator in connection with the services rendered under this agreement shall be the property of the City. 7. COMPLIANCE WITH LAWS. Operator shall, in performing the services contemplated by this service agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Operator shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including legal fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Operator's own employees, or damage to property occasioned by a negligent act, omission or failure of the Operator. 9. INSURANCE. The Operator shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within ten (10) days of notice of award and every year thereafter upon renewal for the duration of the contract. 10. INDEPENDENT CONTRACTOR. The Operator and the City agree that the Operator is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Operator nor any employee of Operator shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Operator, or any employee of Operator. 11. COVENANT AGAINST CONTINGENT FEES. The Operator warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Operator, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Operator, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. Discrimination prohibited. The operator, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 2 1 Draft Page 881 of 960 13. ASSIGNMENT. The Operator shall not sublet or assign any of the services covered by this agreement without the express written consent of the City. 13. NON -WAIVER. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. TERMINATION. a. The City reserves the right to terminate this agreement thirty (30) days after delivery of written notice of such termination and reason (s) for the lease termination. b. In the event of the death of a member, partner or officer of the Operator, or any of its supervisory personnel assigned to the project, the surviving members of the Operator hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Operator and the City, if the City so chooses. c. This lease agreement may be terminated immediately for default of monthly payment as stated in item # 5-A of this contract. d. This lease agreement may, at the option of the City, be terminated immediately if the Operator shall become insolvent or bankrupt, make an assignment for the benefit of creditors or be convicted of a crime or any other similar gross misconduct. 15. RENEWAL. The Finance Director may renew the contract, at the same terms, conditions, and prices, for two (2) additional one (1) year periods subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 16. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida, 33435 Attn: Lori LaVerriere, City Manager Notices to Operator shall be sent to the following address: 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Operator 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 Operator. 19. PUBLIC RECORDS The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida's Public Records Law. Effective July 1, 2013, Section 119.071, Fla. Stat., the contractor shall: 3 1 Draft Page 882 of 960 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology of the agency. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of CITY OF BOYNTON BEACH City Manager Attest/Authenticated: Title City Clerk Approved as to Form: Office of the City Attorney 12015. CONCESSIONAIRE (Corporate Seal) Attest/Authenticated: Secretary 4 1 Draft Page 883 of 960 EXHIBIT B Page 884 of 960 ATTACHMENT Page 885 of 960 ATTACHMENT "A" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Liquor Liability Professional Liability Employees & Officers Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Any Auto All Owned Autos Scheduled Autos Hired Autos Non -Owned Autos PIP Basic Intermodal Garage Liability Any Auto Garage Keepers Liability Excess Liability Umbrella Form Worker's Compensation Employer's Liability Property Homeowners Revocable Permit Builder's Risk Other - As Risk Identified INSURANCE ADVISORY FORM/13 MINIMUM LIMITS REQUIRED General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal &Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire)$ 50,000.00 Med. Expense (any one person) $ 5,000.00 Combined Single Limit $ 300,000.00 Bodily Injury (per person) to be determined Bodily Injury (per accident)to be determined Property Damage to be determined Trailer Interchange $ 50,000.00 Auto Only, Each Accident $ 1,000,000.00 Other Than Auto Only $ 100,000.00 Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------- Each Occurrence to be determined Aggregate to be determined ------------------------------------------------------- Statutory Limits Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 $ 300, 000.00 Limits based on Project Cost to be determined Page 886 of 960 13.A. LEGAL 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Infill Planned Unit Development (IPUD) (CDRV 16-006) - PROPOSED ORDINANCE 16-024 - FIRST READING - Approve amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 3, Article III, Section 2.G to eliminate the minimum and maximum lot area standards for the Infill Planned Unit Development Zoning District (IPUD). City initiated. EXPLANATION OF REQUEST: The IPUD (Infill Planned Unit Development) Zoning District was established in 2002 for the purpose of allowing design flexibility at higher densities to accommodate infill and redevelopment on parcels less than five (5) acres in size. Consistent with tradition, flexible development standards were incorporated into the ordinance, along with general design objectives, and minimum and maximum lot size standards. The minimum size standard for the IPUD Zoning District was originally set at one (1) acre, as it was felt that at least one acre would be necessary to accommodate extensive landscaping, residential compatibility standards, setbacks and optimal layout and design, to achieve a development standard similar to the quality intended for the Planned Unit Development Zoning District. Staff acknowledges that the urban setting does not call for extensive setbacks and greater buffering that is characteristic of the PUD Zoning District and the suburban environment, and that the intended design character of small residential infill projects can be achieved with the overlay standards and the existing compatibility requirements within the IPUD regulations (the Urban Commercial District Overlay Standard Zone regulations establish a common front setback for a given roadway corridor regardless of zoning district). Please see the accompanying staff report and exhibit for further information. Note that the subject staff report is a combined report for both this item and the item establishing the Mixed Use - 4 Zoning District. The Planning & Development Board reviewed this request at its November 22nd meeting and forwards it with a recommendation of approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 887 of 960 Is this a grant? Grant Amount: ATTACHMENTS: Type D Staff Report D Amendment REVIEWERS: Department Reviewer Development Mack, Andrew Assistant City Manager Groff, Colin Legal Swanson, Lynn Finance Howard, Tim City Manager LaVerriere, Lori Description Ordinance amending LDR for IPUD mini maximum standards Staff Report I PUD Amendments - Excerpt from LDR Action Date Approved 12/9/2016 - 9:40 AM Approved 12/9/2016 - 10:12 AM Approved 12/12/2016 - 4:15 IIIA Approved 12/13/2016 - 8:08 AM Approved 12/14/2016 - 8:58 AM Page 888 of 960 I ORDINANCE NO. 16- 2 3 4 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY 5 OF BOYNTON BEACH, FLORIDA AMENDING THE LAND 6 DEVELOPMENT REGULATIONS AMENDING CHAPTER 3, 7 ARTICLE III, SECTION 2G TO ELIMINATE THE MINIMUM 8 AND MAXIMUM LOT AREA STANDARDS FOR THE INFILL 9 PLANNED UNIT DEVELOPMENT ZONING DISTRICT; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, 11 CODIFICATION AND AN EFFECTIVE DATE. 12 13 14 15 WHEREAS, the IPUD (Infill Planned Unit Development Zoning District) was 16 established in 2002 for the purpose of allowing design flexibility at higher densities to 17 accommodate infill and redevelopment on parcels less than five (5) acres in size; and 18 WHEREAS, flexible development standards were incorporated into the 19 ordinance, along with general design objectives and minimum and maximum lot size 20 standards; and 21 WHEREAS, after recent review and consideration against the new vision for the 22 CRA, and need for development incentives and zoning for small parcels that cannot be 23 assembled and developed under a mixed-use zoning district, and/or where the Plan 24 recommends the Special High Density Residential Land Use Classification rather than 25 one of the mixed-use zoning districts, staff recommends the removal of the minimum size 26 threshold; and 27 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 28 the best interest of the citizens and residents of the City to amend the Land Development 29 Regulations to eliminate the minimum and maximum lot area standards for the Infill 30 Planned Unit Development Zoning District (IPUD). C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B6A36984-6602-4572-9C47-5F846FCAF65E\Boynton Beach.4658.1.IPUD LDR eliminate mini max standards.doc - I - Page 889 of 960 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 2 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 3 Section 1. The foregoing whereas clauses are true and correct and are now 4 ratified and confirmed by the City Commission. 5 Section 2. Chapter 3, Article III, Section 2G, of the Land Development 6 Regulations, is hereby amended by adding the words and figures in underlined type, as 7 follows: 8 Chapter 3, Article IH, Section 2 9 to G. IPUD Infill Planned Unit Development District. 11 1. General. 12 a. Purpose and Intent. The purpose of the IPUD zoning district is to implement the 13 special high density residential (SHDR) future land use map (FLUM) classification of the 14 Comprehensive Plan. This district is intended for infill purposes, promoting new 15 development and redevelopment within the Federal Highway Geffider- Gemm 16 17 Community Redevelopment Agency (CRA) 18 area consistent with land use recommendations from the Community 19 (Redevelopment pPlan at densities no greater than twenty (20) dwelling units per acre. 20 This district is also intended to promote water access and recreational opportunities with 21 accommodations of uses, including marine -oriented and water dependent uses in both 22 mixed use developments and limited single -use projects. The IPUD district will include 23 design standards that exceed the standards of the basic development standards in terms of 24 site design, building architecture and construction materials, amenities and landscape 25 design. The extent of variance or exception to basic design standards, including but not 26 limited to requirements for parking spaces, parking lot and circulation design, and 27 setbacks, will be dependent on how well the proposed project otherwise exceeds the 28 other applicable standards. 29 The IPUD shall minimize adverse impacts on surrounding property. The city is not 30 obligated to automatically approve the level of development intensity requested for the 31 IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for 32 a particular location in terms of land use compatibilities. The city may require, as a 33 condition of approval any limitation, condition, or design factor that will provide a 34 reasonable transition to adjacent development. 35 In order to be approved, an IPUD project must be compatible with and preserve the 36 character of adjacent residential neighborhoods. Factors to consider in determining 37 compatibility may include, but not necessarily be limited to proposed use, massing, and C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B6A36984-6602-4572-9C47-5F846FCAF65E\Boynton Beach.4658.1.IPUD LDR eliminate mini max standards.doc - 2 - Page 890 of 960 I layout. Further, it must be an enhancement to the local area and the city in general. 2 Projects that fail to do so will be denied. 3 Each IPUD project is independent and will be evaluated solely on its own merits. The 4 inclusion of certain features in a previously approved IPUD project will not automatically 5 be entertained as a valid argument for the inclusion of that same feature in any other 6 IPUD project if the city determines to reject those features. 7 b. Prerequisite Location Standards. The IPUD district is optimum when there is an 8 opportunity to promote sustainability with respect to land use, energy conservation, 9 resource management, and social equity. Rezoning to the IPUD district is encouraged for 10 proposed development or redevelopment on lands that are in close proximity to existing 11 infrastructure, public and alternative transportation routes and modes, employment 12 centers, community areas, or have sustained or are complicated by environmental 13 contamination. In reaching recommendations and decision as to zoning land to IPUD, the 14 Advisory Board and City Commission shall apply the following location standards, in 15 addition to the standards applicable to the rezoning of land generally: 16 (1) Any IPUD district that contains non-residential uses must principally front on 17 streets classified as "Arterial" on the "Functional Classification of Roadways" map in the 18 city Comprehensive Plan; 19 (2) Any non-residential component must front on the arterial roadway or on an 20 access road wholly contained within the project with neither entrances nor exit on or 21 visible from or disruptive to adjacent properties, local streets, and rights-of-way. 22 2. Use(s) Allowed. See Chapter 3, Article IV, Section 3.C. for specific regulations 23 pertaining to the IPUD district and Chapter 3, Article IV, Section 3.13. ("Use Matrix Table 24 3-28") for a list of allowable uses. 25 3. Building and Site Regulations (Table 3-11). The following building/site 26 regulations apply to the entire IPUD development. BUILDING/SITE REGULATIONS IPUD District Minimum project area: I acre N/A Maximum project area: Flexible Minimum lot frontage: Flexible' Minimum perimeter yard setbacks: Front: Flexible Rear: Flexible Interior side: Flexible Corner side: Flexible Maximum lot coverage: 50% Minimum usable open space (per dwelling unit): 200 feet Maximum Floor Area Ratio (FAR) 0.203 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B6A36984-6602-4572-9C47-5F846FCAF65E\Boynton Beach.4658.1.IPUD LDR eliminate mini max standards.doc - 3 - Page 891 of 960 Maximum structure height: 45 feet4 1 2 ' Individual lots within an IPUD development contain flexible standards relative to minimum required lot 3 frontage and lot area for each unit. Lot frontage shall be determined on a case by case basis, depending on 4 the overall project design. Pursuant to Chapter 3, Article IV, Section 3.D., a marina use shall require a 5 minimum lot frontage of one hundred fifty (150) feet and a minimum average width of two hundred (200) 6 feet. 7 2 The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to 8 single-family residential zoning. Where adjacent to single-family residential zoning, the required perimeter 9 building setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the 10 orientation of structures with said development. Also, perimeter buildings shall have an increased setback 11 of one (1) additional foot for every foot of building height in excess of thirty (30) feet. If vegetation, 12 screening, or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with 13 adjacent uses, the city may grant some relief from the aforementioned requirement. A structure shall be 14 considered to be on the perimeter if there is no intervening building between it and the property line. 15 Project design along abutting roadway(s), including setbacks, shall be based on existing development 16 patterns or applicable recommendation from the respective development plan. 17 s A maximum floor area ratio (FAR) of 0.20 maybe allowed for non-residential uses within the IPUD 18 district (see "Use Matrix" — Chapter 3, Article IV, Section 3.C.), pursuant to the special high density 19 residential land use category of the Comprehensive Plan. 20 4 A lesser building height maybe required for compatibility with adjacent development. See Note #2 21 above for additional setback requirements relative to building height. 22 4. Review and Approval Process. 23 a. All development and redevelopment within the IPUD district shall be governed 24 by a master plan with approval granted by the City Commission in accordance with 25 Chapter 2, Article II, Section 2.13.6. 26 b. Site plan approval shall be required in accordance with Chapter 2, Article II, 27 Section 2.F. prior to application for building permit. 28 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, 29 Article V, Minimum Off -Street Parking Requirements. 30 6. Modifications. Any modification proposed within the IPUD shall be in 31 conformance with Master Plan modifications pursuant to Chapter 2, Article II, Section 32 2.D.6. 33 7. Miscellaneous. 34 a. See Chapter 4, Article II, Section 4.B.5 for additional standards pertaining to the 35 required landscaping along rights-of-way. 36 b. See Chapter 4, Article III, Section 4. for community design standards regarding 37 required site design in instances where the subject IPUD project is adjacent to single - 38 family residential zoning districts. 39 c. See Chapter 4, Article VIII, Section 3.C.4.b.(2) for additional standards 40 pertaining to the minimum width of rights-of-way and vehicular circulation. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B6A36984-6602-4572-9C47-5F846FCAF65E\Boynton Beach.4658.1.IPUD LDR eliminate mini max standards.doc - 4 - Page 892 of 960 I d. If an IPUD is located with frontage on the Intracoastal Waterway, conditions of 2 approval shall include a deed restriction requiring that any marina or dockage build will 3 not exceed in width the boundaries of the project's actual frontage on the water, regardless 4 of what any other governing or permitting entity may allow or permit. 5 e. Exterior lighting of the exterior, parking areas and watercraft docking facilities 6 of the planned development shall be of the lowest height, intensity, and energy use 7 adequate for its purpose, and shall not create conditions of glare that extend onto abutting 8 properties. 9 f The physical attributes of the site shall be respected with particular concern for 10 preservation of natural features, tree growth, and open space. 11 g. Special emphasis shall be placed on trash collection points. 12 h. Trash containers or dumpsters must be screened and designed such that they are 13 not visible from or disruptive to adjacent properties, streets, and rights-of-way while still 14 being conveniently accessible to their users and collectors. 15 16 17 Section 3. Should any section or provision of this Ordinance or any portion 18 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall 19 not affect the remainder of this Ordinance. 20 Section 4. Authority is hereby given to codify this Ordinance. 21 Section 5. This Ordinance shall become effective immediately. 22 {REMAINDER OF PAGE INTNETIONALLY LEFT BLANK} 23 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B6A36984-6602-4572-9C47-5F846FCAF65E\Boynton Beach.4658.1.IPUD LDR eliminate mini max standards.doc - 5 - Page 893 of 960 I 2 FIRST READING this day of , 2016. 3 SECOND, FINAL READING AND PASSAGE this day of 4 2017. 5 CITY OF BOYNTON BEACH, FLORIDA 6 7 8 9 Mayor — Steven B. Grant 10 11 Vice Mayor — Mack McCray 12 13 Commissioner — Justin Katz 14 15 Commissioner — Christina L. Romelus 16 17 Commissioner — Joe Casello 18 19 20 VOTE 21 22 ATTEST: 23 24 25 26 Judith A. Pyle, CMC 27 City Clerk 28 29 30 31 (Corporate Seal) 32 33 YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B6A36984-6602-4572-9C47-5F846FCAF65E\Boynton Beach.4658.1.IPUD LDR eliminate mini max standards.doc - 6 - Page 894 of 960 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 16-047 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Planning and Zoning Director DATE: November 16, 2016 RE: Amendments to the LAND DEVELOPMENT REGULATIONS, Chapters 1, 3, and 4 to begin implementing the Community Redevelopment Plan with the establishment of the new Mixed Use 4 (MU -4) Zoning district including amendments or additions to definitions, site development standards, zoning uses, and urban design standards; and Amendments to the LAND DEVELOPMENT REGULATIONS Chapter 3, Article III, Section 2.G to eliminate the minimum and maximum lot area standards for the Infill Planned Unit Development Zoning District (IPUD). OVERVIEW The rewrite of the City's land development regulations (LDR) in late 2010 allowed staff to perform a complete review and analysis of each standard, regulation, and process. As part of the post -adoption process, staff anticipates the periodic need for, and is prepared to expeditiously process, updates and amendments to the LDR for one or more of the following reasons: 1. Furthering business and economic development initiatives; 2. Advancing sustainability initiatives; 3. Maintaining internal consistency; 4. Achieving regulatory compliance; and 5. Incorporating implementation feedback necessary to meet original or current objectives and vision. The proposed amendments would further business and economic development opportunities, make adjustments to standards based on new findings, and more importantly, begin the implementation of the newly adopted Community Redevelopment Plan. -1- Page 895 of 960 EXPLANATION Proposed MU — 4 Zoning District Although the CRA Plan will undergo comprehensive implementation in 2017, requiring an "audit" of existing zoning and other land development regulations for consistency with the many recommendations of the Redevelopment Plan, some Plan recommendations have immediate application to current or pending development applications and are therefore being implemented incrementally. The CRA Plan (fka "the Consolidated Plan") was adopted on October 4th which updated the vision for the CRA area to include, in part, greater densities and intensities within key areas in the downtown such as around the future passenger train station and at the proposed activity "node" envisioned at the intersection of US -1 and Woolbright Road. The Plan also recommends that the density/intensity void between the two highest zoning districts, the Mixed use -High and Mixed use -Low 3 be filled with .a new district. Specifically, from the Land Use & Zoning Section, a recommendation reads: "Transition from two to three future land use classifications, and from four to five urban mixed use zoning districts. An steep increase in density and height caps between the Mixed Use and the Mixed Use Core classifications within the existing structure—from 40 DU/Acre to 80 DU/Acre and from 75 feet to 150 feet—makes for a gap that hinders future creation of a desired urban form and urban identity for the Downtown and adjacent districts of the CRA. There is no zoning district within the Mixed Use Core classification that would bridge the 40 DU/Acre density gap, and the existing supplemental regulations created to address the vast difference in scale for potential proximity of developments under the Mixed Use and Mixed Use Core classifications are inadequate. Replacing of the Mixed Use future land use classification with Mixed Use Medium land use, classification and introducing new zoninq district, MU -4 (under the Mixed Use High category) with intermediate density thresholds. The density caps for the new FLU classification and the new zoning district -50 DU/Acre and 60 DU/Acre, respectively—have been established specifically to support the appropriate continuum of scale, addressing the described above density gap." The various chapters and sections of the LDR to be amended to establish the MU -4 District, and proposed changes, are summarized below and shown in underlined/crossed-out format in the attachments. • Terms and Definitions (LDR Chapter 1, Art. II) — Existing definitions for affected zoning districts would be amended to incorporate the new MU -4 District. -2- Page 896 of 960 • Zoning Districts and Future Land Use Classifications (LDR Ch. 1, Art. III, Sect. 3.13. Table 1.1) — Table 1.1 would be amended to establish the new District and its relationship to the corresponding Future Land Use Classification, Mixed Use Core. • Official list of zoning districts and short titles (LDR Ch. 3, Art. I, Sect. 4) — This list corresponds with the City's Official Zoning Map and is the official list of zoning districts and represents the opening section of the Zoning Regulations for the LDR. • Building and Site Regulations (LDR Ch. 3, Art. III, Section 1) — Table 3-4, and identical Table 3-21, contain the building and site regulations for each of the mixed-use zoning districts for the urban (i.e. CRA) area. These tables and the other sections of this chapter will receive a more thorough evaluation (i.e. "audit") as part of the comprehensive implementation of the new CRA Plan; however, in the interim the standards for this new district are a factor of the MU -L3 and MU -H Districts. Except where the MU -4 is intended to bridge t the gap between the MU -L3 and MU -H Zoning Districts (see maximum height and maximum density), the standards for the MU -H Districts are being used given the similarity in design and role in the redevelopment of downtown. Staff is also using this opportunity to amend these tables for consistency with the CRA Plan direction relative to the intended locations for the mixed use districts. As indicated in the current version of the tables (see attachments), standards varied depending on the type or class of roadway on which the project fronts. Instead the locations intended for each district is clearly specified in the Plan within the respective planning "Districts". Due to the significant reformatting of the table, and for readying the tables for ultimate ordinance format, the entire table will be shown underlined even though the only changes regard the MU -4 District, the new Pedestrian Zone Requirement, and the corresponding footnotes. It is staffs intention to minimize the amendments to this table, leaving the updates as part of the more thorough examination during the implementation audit. • Mixed Use District Descriptions (LDR Ch. 3, Art. III, Section 5) — This section would be amended to include the basic definition/description of the zoning district, including purpose and intent, some repeated development standards, and reference to the newly adopted Redevelopment Plan. • Zoning Use Matrix (LDR, Ch. 3, Art. IV, Sect. 3.13) — This table is the heart of the zoning regulations as it contains the list of all permitted, conditional and accessory uses for each of the zoning districts. If the subject request is approved, the Use Matrix would be populated to include the new district and the corresponding permitted, conditional, and accessory uses (any use not specifically listed would be prohibited unless the use matrix is interpreted to allow a given use as being comparable or similar to a listed use). The thought process used in selecting the uses for the new district was based on the general vision represented by the Redevelopment Plan for each of the planning districts. Although staff was tempted to propose similar amendments to the other mixed use districts for consistency, staff determined that such amendments should result from the comprehensive amendment process, including, if identified at that time, revisions to the MU -4 District. -3- Page 897 of 960 • Zoning Use Matrix Notes (LDR, Ch. 3, Art. IV, Sect. 3.13) — Special restrictions or provisions that correspond with a given use and zoning district are listed in the Use Matrix Notes and immediately follow the Use Matrix in Section 3.D. The few amendments needed to add the MU -4 District are indicated in the attached exhibit, and are self-explanatory. • Wireless Communications Facility standards (LDR, Ch. 3, Art. 5, Sect. 13) — Table 3-29 is proposed to be amended to for consistent regulating of proposed towers or antennae within this new district.. Table 3-29 indicates the review process for the type of tower/antennae improvement and zoning district. • Exterior Building and Site Design Standards (LDR, Ch. 4, Art. 3, Sect. 5) — Minimal amendments are planned for this initial and incremental stage. Proposed elimination of minimum & maximum sizes for IPUD Zoning The IPUD (Infill Planned Unit Development) Zoning District was established in 2002 for the purpose of allowing design flexibility at higher densities to accommodate infill and redevelopment on parcels less than five (5) acres in size, which is the minimum size standard for the PUD (Planned Unit Development) Zoning District. Whereas the PUD Zoning District was written to accommodate and guide the development of large planned residential developments within the suburban areas of the City, the IPUD Zoning District was originally intended for new development or redevelopment proposed within the northern or southern segments of the Federal Highway corridor, along the eastern fringes of the CRA. Consistent with tradition, flexible development standards were incorporated into the ordinance, along with general design objectives, and minimum and maximum lot size standards. The minimum size standard for the IPUD Zoning District was originally set at one (1) acre, as it was felt that at least one acre would be necessary to accommodate adequate space for substantial landscaping, residential compatibility standards, setbacks and optimal layout and design, to achieve a development standard similar to the quality intended for the Planned Unit Development Zoning District. After recent review and consideration against the new vision for the CRA, and need for development incentives and zoning for small parcels that cannot be assembled and developed under a mixed-use zoning district, and/or where the Plan recommends the Special High Density Residential Land Use Classification rather than one of the mixed-use zoning districts, staff recommends the removal of the minimum size threshold. Staff acknowledges that the urban setting does not call for extensive setbacks and greater buffering that is characteristic of the PUD Zoning District and the suburban environment, and that the intended design character of small residential infill projects can be achieved with the overlay standards and the existing compatibility requirements within the IPUD regulations (the Urban Commercial District Overlay Standard Zone regulations establish a common front setback for a given roadway corridor regardless of zoning district). -4- Page 898 of 960 Staff also recommends that the maximum standard of 5 acres be removed to allow for flexibility and development of slightly larger residential projects that may exceed the 5 acre threshold within the urban area, where application of the suburban -based PUD development standards is unintended. For example, this amendment would support the Community Redevelopment Plan recommendation for a cottage district development within the Heart of Boynton, which would exceed 5 acres if all land with the given study area is assembled. Lastly, the proposed amendments to the purpose and intent section of the zoning regulations is to achieve conformity with the updated Community Redevelopment Plan and consolidation of the individual plans. The proposed amendments are indicated in the attached excerpt from the Land Development Regulations, LDR Chapter 3, Article III, Section 2.G. IPUD Infill Planned Unit Development District. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to commence the implementation of the City's new Community Redevelopment Plan and to support continued quality development and redevelopment of the downtown and remaining CRA area. Attachments S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 16-006 MU -4 zoning district\Staff Report - MU4, IPUD area, medical accessory.doc -5- Page 899 of 960 ATTACHMENTS Proposed MU — 4 Zoning District Page 900 of 960 ATTACHMENTS Proposed Elimination of IPUD Size Standards Page 901 of 960 Proposed amendments to size standards for IPUD Zoning District. LDR Chapter 3, Art. III, Sec. 2 G. IPUD Infill Planned Unit Development District. 1. General. a. Purpose and Intent. The purpose of the IPUD zoning district is to implement the special high density residential (SHDR) future land use map (FLUM) classification of the Comprehensive Plan. This district is intended for infill purposes, promoting new development and redevelopment within the Feder' Highway r,,..Fidar Community Redevelopment Dl.,,, (Study Areas 1 and N' only), Heai4 of Boynton Community Redevelopment Plan, or - Community Redevelopment Agency (CRA) area consistent with land use recommendations from the respeetive Community rRedevelopment -pPlan at densities no greater than twenty (20) dwelling units per acre. This district is also intended to promote water access and recreational opportunities with accommodations of uses, including marine -oriented and water dependent uses in both mixed use developments and limited single -use projects. The IPUD district will include design standards that exceed the standards of the basic development standards in terms of site design, building architecture and construction materials, amenities and landscape design. The extent of variance or exception to basic design standards, including but not limited to requirements for parking spaces, parking lot and circulation design, and setbacks, will be dependent on how well the proposed project otherwise exceeds the other applicable standards. The IPUD shall minimize adverse impacts on surrounding property. The city is not obligated to automatically approve the level of development intensity requested for the IPUD. Instead, it is expected to approve only such level of intensity that is appropriate for a particular location in terms of land use compatibilities. The city may require, as a condition of approval any limitation, condition, or design factor that will provide a reasonable transition to adjacent development. In order to be approved, an IPUD project must be compatible with and preserve the character of adjacent residential neighborhoods. Factors to consider in determining compatibility may include, but not necessarily be limited to proposed use, massing, and layout. Further, it must be an enhancement to the local area and the city in general. Projects that fail to do so will be denied. Each IPUD project is independent and will be evaluated solely on its own merits. The inclusion of certain features in a previously approved IPUD project will not automatically be entertained as a valid argument for the inclusion of that same feature in any other IPUD project if the city determines to reject those features. b. Prerequisite Location Standards. The IPUD district is optimum when there is an opportunity to promote sustainability with respect to land use, energy conservation, resource management, and social equity. Rezoning to the IPUD district is encouraged for proposed development or redevelopment on lands that are in close proximity to existing infrastructure, public and alternative transportation routes and modes, employment centers, community areas, or have sustained or are complicated by environmental contamination. In reaching recommendations and decision as to zoning land to IPUD, the Advisory Board and City Commission shall apply the following location standards, in addition to the standards applicable to the rezoning of land generally: Page 902 of 960 (1) Any IPUD district that contains non-residential uses must principally front on streets classified as "Arterial" on the "Functional Classification of Roadways" map in the city Comprehensive Plan; (2) Any non-residential component must front on the arterial roadway or on an access road wholly contained within the project with neither entrances nor exit on or visible from or disruptive to adjacent properties, local streets, and rights-of-way. 2. Use(s) Allowed. See Chapter 3, Article IV, Section 3.C. for specific regulations pertaining to the IPUD district and Chapter 3, Article IV, Section 3.13. ("Use Matrix Table 3-28") for a list of allowable uses. 3. Building and Site Regulations (Table 3-11). The following building/site regulations apply to the entire IPUD development. BUILDING/SITE REGULATIONS IPUD District Minimum project area: I ;;rrp N/A Maximum project area: 5 awes Flexible Minimum lot frontage: Flexible' Minimum perimeter yard setbacks: Front: Flexible Rear: Flexible Interior side: Flexible Corner side: Flexible Maximum lot coverage: 50% Minimum usable open space (per dwelling unit): 200 feet Maximum Floor Area Ratio (FAR) 0.203 Maximum structure height: 45 feet4 ' Individual lots within an IPUD development contain flexible standards relative to minimum required lot frontage and lot area for each unit. Lot frontage shall be determined on a case by case basis, depending on the overall project design. Pursuant to Chapter 3, Article IV, Section 3.D., a marina use shall require a minimum lot frontage of one hundred fifty (150) feet and a minimum average width of two hundred (200) feet. The minimum required perimeter building setbacks of an IPUD are flexible except where adjacent to single- family residential zoning. Where adjacent to single-family residential zoning, the required perimeter building setbacks of the IPUD shall resemble the setbacks of the adjacent development based upon the orientation of structures with said development. Also, perimeter buildings shall have an increased setback of one (1) additional foot for every foot of building height in excess of thirty (30) feet. If vegetation, screening, or other barriers and/or creative design on the perimeter of an IPUD achieve compatibility with adjacent uses, the city may grant some relief from the aforementioned requirement. A structure shall be considered to be on the perimeter if there is no intervening building between it and the property line. Project design along abutting roadway(s), including setbacks, shall be based on existing development patterns or applicable recommendation from the respective development plan. 3 A maximum floor area ratio (FAR) of 0.20 may be allowed for non-residential uses within the IPUD district (see "Use Matrix" — Chapter 3, Article IV, Section 3.C.), pursuant to the special high density residential land use category of the Comprehensive Plan. 4 A lesser building height maybe required for compatibility with adjacent development. See Note #2 above for additional setback requirements relative to building height. Page 903 of 960 4. Review and Approval Process. a. All development and redevelopment within the IPUD district shall be governed by a master plan with approval granted by the City Commission in accordance with Chapter 2, Article II, Section 2.13.6. b. Site plan approval shall be required in accordance with Chapter 2, Article II, Section 2.17. prior to application for building permit. 5. Parking. Required off-street parking is regulated in accordance with Chapter 4, Article V, Minimum Off -Street Parking Requirements. 6. Modifications. Any modification proposed within the IPUD shall be in conformance with Master Plan modifications pursuant to Chapter 2, Article II, Section 2.13.6. 7. Miscellaneous. a. See Chapter 4, Article II, Section 4.13.5 for additional standards pertaining to the required landscaping along rights-of-way. b. See Chapter 4, Article III, Section 4. for community design standards regarding required site design in instances where the subject IPUD project is adjacent to single-family residential zoning districts. c. See Chapter 4, Article VIII, Section 3.C.4.b.(2) for additional standards pertaining to the minimum width of rights-of-way and vehicular circulation. d. If an IPUD is located with frontage on the Intracoastal Waterway, conditions of approval shall include a deed restriction requiring that any marina or dockage build will not exceed in width the boundaries of the project's actual frontage on the water, regardless of what any other governing or permitting entity may allow or permit. e. Exterior lighting of the exterior, parking areas and watercraft docking facilities of the planned development shall be of the lowest height, intensity, and energy use adequate for its purpose, and shall not create conditions of glare that extend onto abutting properties. f. The physical attributes of the site shall be respected with particular concern for preservation of natural features, tree growth, and open space. g. Special emphasis shall be placed on trash collection points. h. Trash containers or dumpsters must be screened and designed such that they are not visible from or disruptive to adjacent properties, streets, and rights-of-way while still being conveniently accessible to their users and collectors. Page 904 of 960 13. B. LEGAL 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-025 - FIRST READING - Adoption of an Ordinance establishing a Moratorium for a period from December 6, 2016, to June 4, 2017 regarding group homes. EXPLANATION OF REQUEST. On December 6, 2016 the City Commission initiated Zoning In Progress to prohibit the processing of applications for group homes and issuance of any licenses, business tax receipts, development orders or permits related to same. The proposed moratorium provides an alternate and more formal means of prohibiting group homes during the study period. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The review of applications for group homes during the study period will be abated. FISCAL IMPACT. Potential lost revenue, collection of fees for licenses, permitting and business tax receipts during moratorium period. ALTERNATIVES: Not adopt moratorium or modify the scope and study period of moratorium. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Ordinance Ordinance Page 905 of 960 REVIEWERS: Department Reviewer Action Legal Swanson, Lynn Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 12/14/2016 - 1:25 PPA 12/14/2016 - 1:43 PPA Page 906 of 960 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 ORDINANCE 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A MORATORIUM ON THE PROCESSING, APPROVAL OR ISSUANCE OF ANY NEW LICENSES, BUSINESS TAX RECEIPTS, DEVELOPMENT ORDERS, CERTIFICATES OF USE OR PERMITS FOR GROUP HOMES IN THE JURISDICTIONAL BOUNDARIES OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 10, 2016 the United States Departments of Justice and Housing and Urban Development Released Updated Fair Housing Act Guidance on State and Local Land Use Laws related to group housing; and WHEREAS, on December 6, 2016 the City Commission adopted Resolution R16-164 which incorporated City Notice of Intent 2016-02 declaring the commencement of a study period related to City zoning and use regulations concerning group homes; and WHEREAS, the City Commission conducted a Public Hearing on December 19, 2016 regarding the purpose and scope of Notice of Intent 2016-02; and WHEREAS, the City Commission found it in the public interest to clarify the scope and effect of Notice of Intent 2016-02 and the Zoning In Progress that corresponds to the study period, and adopted Resolution R16-165 reelecting those points of clarification; and WHEREAS, based upon the facts and opinions expressed during the public hearing referenced above and recommendations from City Administration and City Attorney, the City Commission deems it necessary and to be in the best interests of the health, safety, and welfare of the citizens and residents of the City of Boynton Beach, to establish a moratorium on the processing and issuance of any licenses, business tax receipt, development orders, certificates of use or permits for a group home within the City of Boynton Beach, Florida until June 4, 2017; t00163192.1 306-9001821} Page 1 of 5 Page 907 of 960 30 and, 31 WHEREAS, the Commission deems it in the best interest of the City and its residents to 32 undertake during the moratorium the review and revision of the zoning and use regulations as 33 they relate to group housing within the City of Boynton Beach to find the proper means of 34 protecting the legal rights of group home occupants while preserving the integrity of the City's 35 zoning plan; and, 36 WHEREAS, the Commission has legal authority to initiate the review process by 37 declaration of a moratorium; and, 38 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 39 166 of the Florida Statutes, the City of Boynton Beach is authorized and required to protect the 40 public health, safety and welfare of its citizens and has the power and authority to enact 41 regulations for valid governmental purposes that are not inconsistent with general or special law; 42 and, 43 WHEREAS, the public health, safety and welfare is a legitimate public purpose 44 recognized by the courts of the State of Florida. 45 WHEREAS, based upon the above facts, the City Commission deems it necessary and 46 to be in the best interests of the health, safety, and welfare of the citizens and residents of the 47 City, to impose a moratorium on the processing and approval of any new applications for a group 48 home or the issuance of any new licenses, business tax receipts, development orders, certificates 49 of use or permits for uses that involve the group homes until June 4, 2017. 50 NOW, THEREFORE, BE IT RESOLVED BY THE CITY CON NHSSION OF 51 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 52 53 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 54 being true and correct and are hereby made a specific part of this Ordinance. These clauses {00163192.1 306-9001821} Page 2 of 5 Page 908 of 960 55 represent the legislative findings of the City Commission. It is the purpose and intent of this 56 Ordinance to promote the health, safety and welfare of the residents and citizens of the City of 57 Boynton Beach. 58 Section 2. The City Commission hereby declares a moratorium which shall run from 59 the commencement of the City's declaration of Zoning In Progress (December 6, 2016) to June 60 4, 2017 during such time the City will suspend the processing or approval of any applications or 61 the issuance of any new licenses, business tax receipts, development orders, certificates of use or 62 permits for group homes. The moratorium may be extended by the City Commission by 63 subsequent ordinance should additional time be needed by the City for the adoption of 64 appropriate land development regulations. Nothing herein shall be interpreted or applied to 65 prohibit the submission of or review of an application for reasonable accommodation during the 66 moratorium period. 67 GENERAL DESCRIPTION OF POSSIBLE AMENDMENTS TO LAND DEVELOPMENT 68 REGULATIONS (LDR) 69 70 A. Revisions to land use, zoning and life -safety requirements applicable to group homes 71 that do not constitute intentional or de facto discrimination against prospective 72 occupants of group homes. 73 B. Modification of the City's reasonable accommodation procedures. 74 C. Clarification of per occupant caps related to residential occupancy regulations. 75 D. Inclusion of spacing or dispersal regulations related to group homes. 76 E. Modification of proposed chronic nuisance regulations to group homes. 77 78 During the Moratorium, the City will evaluate revisions to: 79 Land Development Regulation Chapter 3, Articles II, III, IV, V 80 Land Development Regulation Chapter 3, Section 3, Use Regulations, 81 Land Development Regulation Chapter 3, Section 3-D, Use Matrix 82 83 Additional Sections of the Land Development Regulations may be included as the study 84 progresses. 85 t00163192.1 306-9001821} Page 3 of 5 Page 909 of 960 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 Section 3. If any clause, section, or other part or application of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and effect. Section 4. All Ordinances or parts of Ordinances, Resolutions or part of Resolutions in conflict herewith are to the extent of such conflicts hereby repealed. Section 5. This Ordinance shall take effect immediately upon its passage. FIRST READING this day of , 2017. SECOND, FINAL READING AND PASSAGE this day of 2017. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. Pyle, CMC City Clerk t00163192.1 306-9001821} Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello Page 4 of 5 VOTE YES NO Page 910 of 960 124 125 (Corporate Seal) 126 127 t00163192.1 306-9001821} Page 5 of 5 Page 911 of 960 13.C. LEGAL 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-022 - SECOND READING - Approve the annual update to the Five -Year Capital Improvements Schedule of the Capital Improvements Element of the City's Comprehensive Plan. EXPLANATION OF REQUEST: This item is the 2016/2017 annual update of the Five -Year Capital Improvements Schedule, a component of the City's Comprehensive Plan Capital Improvements Element. The schedule is reviewed annually by the City to reflect the timing, location and funding of capital projects to achieve and maintain, over the five-year period, the adopted level of service standards for public facilities that are necessary to implement the comprehensive plan. The update has been prepared in compliance with Chapter 163.3177, Florida Statutes, which requires that the Capital Improvement Schedule be approved by ordinance. (Note that the budget for the fiscal year 2016/2017, including capital outlays for the subject period, was adopted by the City Commission on September 20, 2016, by Resolution R16-116.) The Capital Improvement Schedule may be revised as needed with approval by the City Commission. With the 2011 legislative changes, local governments are no longer required to submit the annual update of the Five -Year Capital Improvements Schedule to the Department of Economic Opportunity for review. Prior to 2011, the update had to be transmitted as a comprehensive plan amendment to the former state land planning agency, Department of Community Affairs. Other amendments to the Capital Improvements Element outside of the 5 -year schedule, such as policy changes, level of service standard changes, etc., are still subject to the regular expedited amendment review processes. The update comprises the five-year improvements plan of the Palm Beach County School District as required by the state. Local governments must also add transportation improvements included in the applicable metropolitan planning organization's transportation improvement program to the extent that such improvements are relied upon to ensure concurrency and financial feasibility. In compliance with this requirement, the update lists transportation projects financed by Palm Beach County and the Florida Department of Transportation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Update reflects the Capital Improvements Plan approved by the City Commission as part of the Fiscal Year 2016/2017 Budget on September 20, 2016. FISCAL IMPACT. N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 912 of 960 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description Ordinance approving Annual Update to Capital D Ordinance Improvements Schedule of the Capital Improvements Element of the City's Comprehensive Plan D Exhibit ExhibitA D Exhibit Exhibit B D Exhibit Exhibit C D Exhibit Exhibit D D Exhibit Exhibit E D Exhibit Exhibit F REVIEWERS: Department Reviewer Action Date Assistant City Manager Howard, Tim Approved 11/30/2016 - 3:25 PPA Finance Howard, Tim Approved 11/30/2016 - 3:25 PPA City Manager LaVerriere, Lori Approved 12/2/2016 - 9:13 AKA Page 913 of 960 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 ORDINANCE NO. 16 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ANNUAL UPDATE TO THE FIVE-YEAR CAPITAL IMPROVEMENTS SCHEDULE OF THE CAPITAL IMPROVEMENTS ELEMENT (CIE) OF THE CITY'S COMPREHENSIVE PLAN; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Section 163.3177, Florida Statutes, requires that the Capital Improvement Element of the City's Comprehensive Plan be updated; and WHEREAS, this item is the 2016/2017 annual update of the Five -Year Capital Improvements Schedule, a component of the City's Comprehensive Plan's Capital Improvements Element; and WHEREAS, the schedule is reviewed annually by the City to reflect the timing, location and funding of capital projects to achieve and maintain, over the five-year period, the adopted level of service standards for public facilities that are necessary to implement the comprehensive plan; and WHEREAS, the update has been prepared in compliance with Section 163.3177, F.S., which requires that the Capital Improvement Schedule be approved and adopted by the governing body of the local government by Ordinance; and WHEREAS, the proposed 2017 CIE update reflects the Capital Improvement Plan approved by the City Commission as part of the Fiscal year 2016-2017 Budget on September 20, 2016; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Page 1 of 3 C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\59814DBA-FEF4-4D1E-B123-3824F2E88D24\Boynton Beach.4516.1.CIE_2017 Updates _-_Ordinance.doc Page 914 of 960 28 Section 1. The foregoing "Whereas" clauses are hereby ratified as true and correct 29 and incorporated herein by this reference. 30 Section 2. In order to comply with the provisions of Chapter 163, Florida Statutes, 31 the City Commission hereby approves the annual update to the Five -Year Capital 32 Improvements Schedule of the Capital Improvements Element of the City's Comprehensive 33 Plan a copy of which is attached hereto as Exhibit "A" and incorporated herein. 34 Section 3. The City Commission hereby certifies that it shall and will conduct such 35 public hearings as may be required pursuant to Chapter 163, Florida Statutes, as amended, in 36 order to adopt the Comprehensive Plan Amendments and so directs the City Administration to 37 conduct and publish same, as provided by general law. 38 Section 4. If any clause, section or other part of this Ordinance shall be held by any 39 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 40 invalid part shall be considered as eliminated and in no way affecting the validity of the other 41 provisions of this Ordinance. 42 Section 5. All Ordinances or parts of Ordinances, Resolutions or parts of 43 Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such 44 conflict. 45 Section 6. This Ordinance shall become effective upon its passage and adoption. :• Page 2 of 3 C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\59814DBA-FEF4-4D1E-B123-3824F2E88D24\Boynton Beach.4516.1.CIE_2017 Updates _-_Ordinance.doc Page 915 of 960 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 :1 FIRST READING this day of , 2016. SECOND, FINAL READING AND PASSAGE this day of CITY OF BOYNTON BEACH, FLORIDA Mayor — Jerry Taylor Vice Mayor — Joe Casello Commissioner — David T. Merker Commissioner — Mack McCray Commissioner — Michael M. Fitzpatrick VOTE ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) YES NO , 2016. Page 3 of 3 C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\59814DBA-FEF4-4D1E-B123-3824F2E88D24\Boynton Beach.4516.1.CIE_2017 Updates _-_Ordinance.doc Page 916 of 960 CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT SCHEDULE FY 2016/17 - FY 2020/21 PROJECT NAME Project FY 2016/2017 Priority Ado ted FY 2017/2018 Plan FY FY FY 2018/2019 2019/2020 2020/2021 Plan Plan Plan Total Audit Fee High 3,200 3,250 3,250 3,250 3,250 16,200 ADA Compliance Boynton Beach Blvd Extension - Paver Repair High 10,000 10,000 Boynton Beach Blvd Extension - Landscaping 18,000 18,000 Boynton Beach Blvd Extension - Paint Overhead Lighting Poles 16,000 16,000 Boynton Beach Blvd (East of Federal Hwy) - Planter Repairs 75,000 75,000 Child Care Center - ADA 223,381 223,381 Children's Museum - Plaza Renovation 20,000 20,000 Children's Museum - Painting Exterior & Soffit Repair 35,000 35,000 City Hall Complex- Amphitheatre Restroom Renovation 6,000 6,000 City Hall Complex- Amphitheatre Shade Replacement 5,000 5,000 City Hall Complex- Amphitheatre Paint Shade Structure High 10,000 10,000 City Hall Complex- Amphitheatre Paint Exterior High 4,000 4,000 City Hall Complex- City Hall Lobby paint and replace carpet 20,000 20,000 City Hall Complex- Commission Chambers Renovation 120,000 120,000 City Hall Complex- Generators and Switchgear 750,000 750,000 City Hall Complex- Parking Garage Floors 200,000 200,000 City Hall Complex- Kids Kingdom Play Area 300,000 300,000 City Hall Complex- Kids Kingdom Parking area sealcoat 10,000 10,000 City Hall Complex- Re -Roof 325,000 325,000 City Hall Complex- Paint City Hall and Fire Station 1 110,000 110,000 City Hall Complex- Sealcoat HS Parking (north)/Overlay West 22,000 22,000 City Hall Complex- West Wing Carpet change to VCT 10,000 10,000 City Hall Complex- W.Wing Bldg. Dept. Plan Review floor tile 15,000 15,000 City Hall Complex- West Wing 1 st floor restroom renovation 55,000 55,000 City Hall Complex - W.Wing 1 st floor restroom renov. ADA 15,000 15,000 City Hall Complex- West Wing Air Handler replacement 250,000 250,000 Civic Center - Renovate Auditorium Stage 40,000 40,000 Civic Center -Auditorium Ceiling Renovation 40,000 40,000 Civic Center - Renovate Auditorium Stage ADA 4,000 4,000 Civic Center - Playground Path ADA 0 Civic Center - Playground Replacement 0 Civic Center - Roof Replacement 150,000 150,000 Civic Center - Sealcoat south lot 0 Civic Center - Dumpster enclosure 12,000 12,000 Civic Center - Paint Exterior 25,000 25,000 Head Start Center - Seal coat parking lot 10,000 10,000 Head Start Center - Seal coat parking lot ADA 4,000 4,000 General Government - Carpet Replacement 20,000 10,000 10,000 10,000 50,000 General Government - HVAC Repairs 40,000 40,000 80,000 Library - Paint Building Exterior Sealing & Painting 85,000 85,000 Library - Youth & Technical Services Space Modification 35,000 35,000 Library - 2nd Floor Space Modification 30,000 30,000 Library -Digital Sign 35,000 35,000 Library -Youth Services Carpet 40,000 40,000 Library - Seal Coat all lots 20,000 20,000 Library - Renovate Restrooms 20,000 20,000 Library -Renovate Restrooms ADA 22,000 22,000 Library - Exterior Lighting and Security upgrades 200,000 200,000 Library -Program Room Carpet 30,000 30,000 Library - ADA* 34,189 34,189 Pistol Range Renovations 0 Pistol Range ADA* 6,794 6,794 Public Works Complex - Admin Bldg. & Warehouse Roofing 60,000 60,000 Public Works Complex Painting 43,000 43,000 Public Works Compound - Sealcoat parking lot Public Works Compound - Parking Lot ADA 9,000 11,000 9,000 11,000 Public Works Compound - Paint all building exterior 20,000 20,000 Public Works Compound - Paint fuel tanks 4,000 4,000 Public Works Compound - Fleet Maintenance bay painting 50,000 50,000 Public Works Compound - Fleet Maintenance Remodel 578,000 578,000 Public Works Compound - ADA* 25,863 25,863 Schoolhouse Children's Museum - ADA* 16,088 16,088 Security - City Wide Upgrades - Door Hardware 75,000 75,000 150,000 TOTAL GENERAL GOVERNMENT PROJECTS S 27,200 S 3,002,096 1 S 622,719 1 S 909,250 S 19,250 $ 4,580,515 Page 917 of 960 PROJECT NAME Project Priority FY FY 2016/2017 2017/2018 Adopted Plan FY FY FY 2018/2019 2019/2020 2020/2021 Plan Plan Total Art Center - Ceiling Tile Replacement 10,000 10,000 Art Center - Awning 7,000 7,000 Art Center - Parking Lot Resealing 16,000 16,000 Art Center - Parking Lot Lighting 50,000 50,000 Art Center - ADA* 22,905 22,905 Barton Park - Replace Monument Sign & Paint Restroom 5,000 5,000 Barton Park - Restroom Renovation 6,000 6,000 Barton Park - Restroom Renovation - ADA 20,000 20,000 Betty Thomas Neighborhood Park - Parking Lot Resealing 3,000 3,000 Betty Thomas Neighborhood Park - Pavilion Wood Sealing 3,000 3,000 Betty Thomas Neighborhood Park - P.Lot Resealing ADA 4,200 4,200 Betty Thomas Neighborhood Park - Basketball Markings 2,000 2,000 Betty Thomas Neighborhood Park - Basketball Mark. ADA 3,700 3,700 Betty Thomas Neighborhood Park - Tables and Cans 12,000 12,000 Betty Thomas Neighborhood Park - Tables and Cans ADA 9,000 9,000 Bicentennial Park - ADA* 2,558 2,558 Boynton Lakes Park - Park Furnishing 5,000 5,000 Boynton Lakes Park - Playground Equip. & Gazebo Paint. 32,000 32,000 Boynton Lakes Park - Playgr.Equip. & Gazebo Paint. ADA 9,000 9,000 Boynton Beach Memorial Park (Cemetery) - ADA* 29,145 29,145 Carolyn Sims Center and Denson Pool - Paint exterior 25,000 25,000 Carolyn Sims Center - Sealcoat Parking Lot ADA 12,000 12,000 Carolyn Sims Center -Sealcoat Parking Lot 11,000 11,000 Carolyn Sims Center -Playground equipment replacement 75,000 75,000 Carolyn Sims Center -Paint Pavilion and table 10,000 10,000 Carolyn Sims Center -Paint site lighting poles and fixtures 30,000 30,000 Congress Ave Barrier Free - Fitzone 10,000 10,000 Congress Ave Barrier Free - Playground High 250,000 250,000 Congress Ave Barrier Free Park- Paint Poles 12,000 12,000 Congress Ave Barrier Free Park- Replace Play Surface 150,000 150,000 Congress Ave Barrier Free Park- Rehab Splash Pad 60,000 60,000 Congress Ave Barrier Free Park- Restroom Refurbishment 29,000 29,000 Congress Ave Barrier Free Park -ADA - Sidewalk 20,000 20,000 Congress Ave Barrier Free Park - Refurbish Bio-swale 20,000 20,000 Edward Harmening Arbor Park - ADA* 3,756 3,756 Forest Hill Park - Basketball court upgrades 17,000 17,000 Forest Hill Park - Playground Replacement ADA 112,000 112,000 Forest Hill Park -Playground Replacement 40,000 40,000 Galaxy Park - ADA* High 3,548 3,548 Hester Center - Basketball Court Resurfacing 12,000 12,000 Hester Center - Park Furnishing 15,000 15,000 Hester Center - Pavilion Pathway Repair 8,000 8,000 Hester Center Building - Lobby Renov. Architect Services 30,000 30,000 Hester Center Building - Lobby Renovation Construction High 150,000 150,000 Hester Center Ball fields - Football fence 20,000 20,000 Hester Center Ball fields - Paint pavilion Hester Center Building - Exterior Painting 5,000 80,000 5,000 80,000 Hester Center - Irrigation Lines 200,000 200,000 Hester Center Building - Game room carpeting 8,000 8,000 Hester Center Building - Game room restrooms and ADA 0 Hester Center Building - HVAC 300,000 300,000 Hester Center Building -Admin. Offices Drainage Repair High 25,000 25,000 Hester Center - Playground Equipment 100,000 100,000 Hester Center - Playground Equipment for ADA 360,000 360,000 Hester Center - Field Configuration 250,000 250,000 Hester Center - Playground Restroom Painting 6,000 6,000 Hester Center - Roof Repair High 50,000 50,000 Hester Center - Parking Lot Seal Coat ADA 25,000 25,000 Hester Center - Scrub Fence 60,000 60,000 Hester Center - Accessible route from Center to Park 8,000 8,000 Hester Center - Playground Restroom Refurbishment 16,000 16,000 Hester Center - Multi Purpose Field 75,000 75,000 Hester Center - Tennis Court Resurfacing 10,000 10,000 Hester Center - Tennis Court Resurfacing ADA 3,000 3,000 Hester Center - Parking Lot Seal Coat 80,000 80,000 Hester Center - Wood Pavilion Painting and roofing 8,000 8,000 Hester Center - Wood Pavilion Painting and roofing ADA 500 500 Page 918 of 960 PROJECT NAME Project Priority FY FY 2016/2017 2017/2018 Adopted Plan FY FY FY 2018/2019 2019/2020 2020/2021 Plan Plan Plan Total Heritage Park - ADA* 858 858 Hibiscus Park - ADA* Hibiscus Park - Playground Equipment 24,164 24,164 0 Hibiscus Park - Playground Equipment ADA 0 Intracoastal Park - Carpet Replacement 30,000 30,000 Intracoastal Park - Intracoastal Parking Lot Resealing 45,000 45,000 Intracoastal Park- Sealcoat parking lot 30,000 30,000 Intracoastal Park - Sealcoat parking lot ADA 15,000 15,000 Intracoastal Park- Refurbish restrooms 50,000 50,000 Intracoastal Park- Refurbish restrooms ADA 25,000 25,000 Jaycee Park - Interpretive Art 10,000 10,000 Jaycee Park - Restroom Building Exterior Painting 12,000 12,000 Jaycee Park - Park Furnishings 10,000 10,000 Jaycee Park - Parking Lot Resealing 5,000 5,000 Jaycee Park-Sealcoat parking lot 4,000 4,000 Jaycee Park -Sealcoat parking lot ADA 2,000 2,000 Jaycee Park -Paint Pavilions 7,000 7,000 Jaycee Park -Pour In Place repair 20,000 20,000 Kiwanis Sierra Park - ADA* 2,039 2,039 Knollwood Park - Gazebo Painting 5,000 5,000 Knollwood Park - Parking Lot 3,000 3,000 Laurel Hills Park - Basketball Court Restoration 8,000 8,000 Laurel Hills Park -Parking Lot 2,000 2,000 Laurel Hills Park -Basketball CourtADA 20,000 20,000 Laurel Hills - Split Rail Fence 50,000 50,000 Little League ADA 89,000 89,000 Madsen Center - ADA* 28,825 28,825 Mangrove Park - Flooring 7,500 7,500 Mangrove Park - Boardwalk 1,600,000 1,600,000 Mangrove Park- Fence Repair 8,000 8,000 Mangrove Park- Bench replacement 3,000 3,000 Mangrove Park- Interpretive markers 10,000 10,000 Mangrove Park- Refurbish Restrooms 6,000 6,000 12,000 Mangrove Park - Refurbish Restrooms ADA 7,000 7,000 Mangrove Park- Sealcoat Parking 12,000 12,000 Mangrove Park -trash can replacement 5,000 5,000 Mangrove Walk at the Marina - ADA* 9,438 9,438 Meadows Park - Restroom Building Exterior Painting 6,000 6,000 Meadows Park - Fitness Trail Equipment 9,000 9,000 Meadows Park - Park Furnishings 25,000 25,000 Meadows Park - Pathways/Sidewalks Repair 75,000 75,000 Meadows Park - Tennis Courts Fencing 12,000 12,000 Meadows Park - Fence Removal 6,000 6,000 Meadows Park- Basketball court 7,000 7,000 Meadows Park - Parking Lot Sealcoat 16,000 16,000 Meadows Park- Restroom Refurbishment 14,000 14,000 Meadows Park - Restroom Refurbishment ADA 8,000 8,000 Meadows Park -Playground Equipment 95,000 95,000 Meadows Park - Playground Equipment ADA 16,000 16,000 Meadows Park - Tennis Court Resurfacing and Fencing 33,000 33,000 Meadows Park- Restroom Painting 7,000 7,000 Oceanfront Park - Parking Lot Lights 30,000 30,000 Oceanfront Park -North Shade Sails 20,000 20,000 Oceanfront Park - Sealcoat parking lot 60,000 60,000 Oceanfront Park - Sealcoat parking lot ADA 7,000 7,000 Oceanfront Park - Paint beachfront buildings and pavilion 20,000 20,000 Oceanfront Park - Asphalt pathway 35,000 35,000 Oceanfront Park - Stairway retaining wall 15,000 15,000 Oceanfront Park - Replace Pavillion Steel Roof 90,000 90,000 Oceanfront Park - Refurbish restrooms High 6,000 6,000 Oceanfront Park - Refurbish restrooms ADA High 6,000 6,000 Oceanfront Park- South and Center Shade Sail poles 38,000 38,000 Oceanfront Park- Shade sail poles 25,000 25,000 50,000 Oceanfront Park- Playground replacement 20,000 20,000 Oyer Park - Boat Ramp 350,000 350,000 Oyer Park - Parking Lot Resealing 100,000 100,000 Oyer Park - Shade Sails 15,000 15,000 Page 919 of 960 PROJECT NAME Project FY 2016/17 Priority Adopted FY 2017/18 Plan FY 2018/19 FY 2019/20 FY 2020/21 Plan Plan Plan Total Oyer Park - Coast Guard Bldg. and pavilion painting Oyer Park - Coast Guard Bldg. and pavilion painting ADA 14,000 2,000 14,000 2,000 Oyer Park - Coast Guard Bldg. window replacement 7,000 7,000 Oyer Park - Coast Guard Bldg. window replacement ADA 7,000 7,000 Oyer Park - Dredge Channel 100,000 100,000 Oyer Park- Restroom Refurbishment High 8,000 8,000 16,000 Oyer Park - Restroom Refurbishment ADA High 71000 7,000 Oyer Park - Fishing Pier Railing 0 Oyer Park - Fishing Pier deck replacement 125,000 125,000 Oyer Park -New Dumpster Enclosure 15,000 15,000 Oyer Park - Paint Restroom Exterior 5,000 5,000 Palmetto Greens Linear Park-Playground ADA 4,000 4,000 Palmetto Greens Linear Park - Rep./maint. Picnic tabl.ADA 5,000 5,000 Palmetto Greens Linear Park -Paint pavilion 3,000 3,000 Palmetto Greens Linear Park - Overlay internal park path 8,000 8,000 Palmetto Greens Linear Park - Overlay int. park path ADA 4,000 4,000 Palmetto Greens Linear Park-Restroom Refurbishment 8,000 8,000 16,000 Palmetto Greens Linear Park-Restroom Refurb. ADA 10,000 10,000 Palmetto Greens Linear Park-Parking Lot Sealcoat 6,000 6,000 Palmetto Greens Linear Park-Parking Lot Sealcoat ADA 7,000 7,000 Palmetto Greens Linear Park - Playground 0 Palmetto Greens Linear Park - Playground ADA 0 Pence Park - Park Furnishings 6,000 6,000 Pence Park - Basket Ball Court 0 Pence Park - Basket Ball Court ADA 0 Pence Park - Playground Replacement 0 Pence Park - Playground Replacement ADA 0 Pence Park - Paint Restroom exterior 5,000 5,000 Pence Park -Restroom refurbishment High 6,000 6,000 Pence Park -Restroom refurbishment ADA High 14,000 14,000 Pence Park - Parking Spaces, new ADA 5,000 5,000 Pioneer Canal Park - Fishing Pier Repair 8,000 8,000 Pioneer Canal Park - Fishing Pier Path ADA 8,000 8,000 Pioneer Canal Park- Split Rail Fence 75,000 75,000 Pioneer Canal Park - Tennis Court Fencing 15,000 15,000 Pioneer Canal Park- Basketball and Tennis Courts 16,000 16,000 Pioneer Canal Park- Basketball and Tennis Courts ADA 18,000 18,000 Pioneer Canal Park- Can, Benches and Grills 10,000 10,000 Pioneer Canal Park-Parking Lot 10,000 10,000 Pioneer Canal Park-Refurbish Volleyball courtADA 14,000 14,000 Pioneer Canal Park- Restroom Refurbishment 13,000 13,000 Pioneer Canal Park - Restroom ADA 16,000 16,000 Quantum Park - parking Lot 250,000 250,000 Sara Sims Park - Basketball Court Restoration 8,000 8,000 Sara Sims Park - Park Furnishings 9,000 9,000 Sara Sims Park - Restroom Renovation High 20,000 20,000 Sara Sims Park Restroom Renovation ADA High 13,000 13,000 Sara Sims Park Fence 300,000 300,000 Sara Sims Park Irrigation Upgrade 150,000 150,000 Sara Sims Park Parking Lot 40,000 40,000 Sara Sims Park Parking Lot ADA Sara Sims Park Pavilion 7,000 40,000 7,000 40,000 Sara Sims Park Water Fountain Replacement Medium 12,000 12,000 Sara Sims Park - ADA* 30,198 30,198 Sara Sims Park - Resodding 200,000 200,000 Senior Center - Flooring 38,000 38,000 Senior Center - Patio & Awning Repairs 8,000 8,000 Senior Center - HVAC Replacement 30,000 30,000 Tennis Center - Parking Lot Sealcoat 30,000 30,000 Tennis Center - Parking Lot Sealcoat ADA 5,000 5,000 Tennis Center - Parking Lot Median Upgrade 48,000 48,000 Tennis Center - Clubhouse Repairs 41,000 41,000 Tennis Center - Clubhouse Repairs ADA 1,000 1,000 Tennis Center - Entry Sign 3,000 3,000 Tennis Center - Entry Roadway Rehab 25,000 25,000 Veterans Park - ADA* 1,072 1,072 TOTAL RECREATION & PARKS PROJECTS I S 570,548 $ 4,425,432 $ 868,864 $ 1,693,562 $ 760,000 $ 8,318,406 Page 920 of 960 PROJECT NAME Project PriorityAdopted FY 2016/17 FY 2017/18 Plan FY 2018/19 Plan FY 2019/20 FY 2020/21 Plan Plan Total Citywide Public Safety Radio System High 375,000 375,000 375,000 375,000 375,000 1,875,000 Fire Training Site at Rolling Green 1,000,000 Expand Wi-Fi Coverage 100,000 150,000 12,000 100,000 Fire Station 2 & 4 - Kitchen Renovations 500,000 12,000 80,000 High 45,000 80,000 Fire Station #1 - Replace HVAC High 80,000 12,000 Campus Communications Fiber Repalcement I 80,000 Fire Station #3 - Parking Lot Resealing 40,000 40,000 30,000 55,000 Additional Exagrid Appliance 30,000 Fire Station #4 - Exterior Painting 45,000 1 S 910,000 45,000 1 S 810,000 45,000 45,000 Fire Station #3 -Apparatus bay ceiling 50,000 30,000 30,000 Fire Station #3 - Community Room Soffits and Lighting 30,000 50,000 50,000 30,000 Fire Station #5 - Reseal roof High 200,000 20,000 200,000 Fire Station #3 - Impact Windows 20,000 Network Access Control 95,000 0 Fire Station #3 - HVAC Condensers 95,000 Replace Storage SAN - Fire Station 5 0 Fire Station #2 - Paint Building exterior High 30,000 100,000 Replace Vmware Hosts 30,000 Fire Station #3 - Sealcoat parking lot 45,000 23,000 45,000 TOTAL INFORMATION TECHNOLOGY PROJECTS 23,000 Fire Station #3 - Paint Exterior $ 529,640 $ 385,640 $1,240,640 $ 240,640 20,000 20,000 Fire Station #3 - Impact Windows 150,000 150,000 Fire Station #3 - HVAC Condensers 25,000 25,000 Fire Station #3 - Kitchen ceiling repair 20,000 20,000 Fire Station #2 -ADA* 8,643 8,643 Fire Station #3 -ADA* 12,526 12,526 Fire Station #4 -ADA* 15,724 15,724 Fire Station #5 - ADA* 11,960 11,960 TOTAL PUBLIC SAFETY PROJECTS I S 685,000 $ 713,000 $ 443,853 1 $ 395,000 $ 550,000 i $ 2,786,853 Police CAD Records Management System High 190,640 190,640 190,640 190,640 190,640 953,200 Alternative to SunGard/HTE ERP system High 150,000 150,000 150,000 1,000,000 150,000 1,000,000 Expand Wi-Fi Coverage High 150,000 12,000 600,000 500,000 500,000 12,000 Network Circuit Certifier High 45,000 12,000 45,000 45,000 45,000 12,000 Campus Communications Fiber Repalcement I 1 55,000 40,000 40,000 40,000 55,000 Additional Exagrid Appliance S 475,000 45,000 1 S 910,000 1 S 810,000 1 S 810,000 45,000 Replace Storage SAN at Disaster Recovery Site 50,000 50,000 Enterprise Video Surveillance System 50,000 50,000 50,000 50,000 200,000 Fire Station 5 Wi-Fi Upgrade 20,000 20,000 Network Access Control 95,000 95,000 Replace Storage SAN - Fire Station 5 100,000 100,000 Replace Vmware Hosts 45,000 45,000 TOTAL INFORMATION TECHNOLOGY PROJECTS $ 190,640 $ 529,640 $ 385,640 $1,240,640 $ 240,640 $ 2,587,200 Sidewalks - Replacement High 130,000 195,000 75,000 75,000 75,000 550,000 Sidewalks Ramp - ADA (estimate) High 150,000 150,000 150,000 150,000 150,000 750,000 Street Maintenance/Impv. High 150,000 600,000 600,000 500,000 500,000 2,350,000 Bridge Repair - Maintenance & Improvements High 45,000 45,000 45,000 45,000 45,000 225,000 FEC Crossing Upgrade I 1 1 40,000 40,000 40,000 40,000 160,000 TOTAL TRANSPORTATION/ROADWAY PROJECTS S 475,000 1 S 1,030,000 1 S 910,000 1 S 810,000 1 S 810,000 1 $ 4,035,000 GRAND TOTALI I S 1,948,388 1 59,700,168 1 53,231,076 1 55,048,452 1 52,379,890 1 $ 22,307,974 Page 921 of 960 O O O 4- 0 N N N c ao ry� o� N o 0 N ~ w In O M O 0 0 0 0 0 0 0 01 N C t-tn r9os CA Iz tn M N a $ N Ff3 Ff3 •� Ff3 Ff3 to Iz � � O O O O O O O N 00 rl O c0 O c0 O Iz I Iz N Ff3 In Ff3 00 ff3 Ff3 ON1 M00 � N N O r Ff3 Ff3 Ff3 Ff3 (Ij N L7 c un L7 0 `u'W Z o H o o w aj a o a� U C CC CC �Q O O O 4- 0 N N N O O O 4- 0 C7 N O N O1 UTILITY CAPITAL IMPROVEMENT SCHEDULE FY2016/17 - FY2020/21 Fund Project Name 2016/2017 Adopted 2017/2018 Plan 2018/2019 Plan 2019/2020 Plan 2020/2021 Plan 5 Year CIP PROJECT TOTAL Neighborhood Utility Improvements 403 Chapel Hill/Mission Hill/Lake Eden WATER Main Replacement 200,000 200,000 $ 400,000 Chapel Hill subtotal 200,000 200,000 $ 400,000 403 Golfview Harbor STORMWATER Improvements -surface water quality pre-treatment 100,000 100,000 - - $ 200,000 Golfview Harbor subtotal 100,000 100,000 $ 200,000 403 Dimmick & Potter Utility Water Improvements - 400,000 $ 400,000 Dimmick & Potter subtotal 400,000 $ 400,000 403 Seacrest Corridor Swale/STORMWATER Management 1,400,000 $ 2,820,000 403 Seacrest Corridor WATER Main Replacement 4,000,OQQ3,700,0001 7.700.000 Seacrest Corridor subtotal 5,400,0001 ,400,000 5,120,000 - i i $ 10,520,000 Neighborhood Utility Improvements - 403 TOTAL S 5,500,0001 S 5,620,0001 S 200,000 1 S 200,000 1 S S 11,520,000 Water Distribution Improvements 403 Water Main R & R (Federal Hwy DOT agreement, Lawrence Road, Seacrest Blvd - reuse project) 250,000 250,000 250,000 250,000 250,000 $ 1,250,000 403 Water Meter Replacement R & R 25,000 25,000 25,000 25,000 25,000 $ 125,000 403 Water Main Valves R & R 180,000 180,000 180,000 180,000 180,000 $ 900,000 403 Sand Castle Water Distribution Improvements 500,000 $ 500,000 403 Water Meter Flex Net meter reading improvements 150,000 $ 150,000 Water Distribution Improvements - 403 TOTAL S 1,105,000 S 455,0001 S 455,000 1 S 455,000 1 S 455,0001 S 2,925,000 Water Supply and Plant Improvements Wellfield/Supply/Storage 403 Wellfield & Water Storage Control Telemetry (Asset Mgmt.) WATER 50,000 50,000 30,000 10,000 10,000 $ 150,000 403 Wellfield Rehabilitation - column pipe, pumps, motors, etc. 300,000 300,000 300,000 300,000 300,000 $ 1,500,000 Wellfield Improvements 350,000 350,000 330,000 310,000 310,000 1,650,000 403 Replace Pumps and Speed Drives, Sludge Pumps, transmitters, etc. 100,000 100,000 100,000 100,000 100,000 $ 500,000 403 Water Plant Repairs - Mechanical 100,000 100,000 100,000 100,000 100,000 $ 500,000 403 Water Plant Repairs - Electrical 100,000 150,000 150,000 150,000 150,000 $ 700,000 403 Water Plant Repairs - Treatment 125,000 125,000 125,000 125,000 125,000 $ 625,000 403 Storage Tank Valve Replacement 150,000 150,000 $ 300,000 403 Security upgrades - perimeter protection and surveillance entry notification 30,000 30,000 30,000 30,000 30,000 $ 150,000 403 Admin Building Repairs, carpeting, A/C, roofing, flooring 200,000 35,000 35,000 35,000 35,000 $ 340,000 403 HVAC Repairs Admin Building 150,000 150,000 $ 300,000 Plant Improvements 805,000 840,000 690,000 540,000 540,000 3,415,000 403 Replace Laboratory Equipment 32,000 32,000 32,000 32,000 32,000 $ 160,000 West Water Treatment Plant - ADA $ 403 New Lab Building 700,000 $ 700,000 404 Remote Storage and Pumping Facility (NE Quadrant), EXPANSION 180,000 3,320,000 $ 3,500,000 Water Supply and Plant Improvements - 403 TOTAL S 1,887,000 S 1,222,000 S 1,052,0001 S 882,0001 S 882,0001 S 5,925,000 Water Supply and Plant Improvements - 404 TOTAL S 180,000 S 3,320,000 S S S S 3,500,000 Wastewater Collection System Improvements Lift Stations 403 Lift Stations Pump R & R 120,000 120,000 120,000 120,000 120,000 $ 600,000 403 Pump Replacement Program R & R 750,000 750,000 750,000 $ 2,250,000 403 Master Lift Station R & R - Mechanical & Electrical, pumps and odor control 316, 319, or 356 dependent on Pence Park LS 1,000,000 1,000,000 1,000,000 1,250,000 1,000,000 $ 5,250,000 403 Force Main Valves and Air Release Valves R & R 700,000 $ 700,000 403 Manhole R & R 150,000 150,000 150,000 150,000 150,000 $ 750,000 403 Gravity Sewer R & R 200,000 200,000 200,000 200,000 200,000 $ 1,000,000 403 Pressure Sewer R & R 200,000 200,000 200,000 200,000 200,000 $ 1,000,000 403 Emergency stationary generators or pumps R & R 200,000 200,000 200,000 200,000 200,000 $ 1,000,000 403 Avondale Pines - LWDD Project (Wastewater) 3,000,000 $ 3,000,000 403 Riverwalk Plaza (Wastewater Improvement) 250,000 $ 250,000 403 Lift Station Communications Upgrade 250,000 500,000 500,000 500,000 500,000 $ 2,250,000 403 Rehab Pumping Station Control Telemetry (Asset Mgmt.) SEWER 30,000 30,000 30,000 30,000 30,000 $ 150,000 404 Silverwood Estates (Force Main) 1,000,000 $ 1,000,000 Wastewater Collection System Improvements - 403 TOTAL S 2,850,000 1 S 2,650,000 S 6,150,000 S 3,400,000 S 3,150,000 1 S 18,200,000 Wastewater Collection System Improvements - 404 TOTAL S 1,000,000 S S S S S 1,000,000 Page 924 of 960 Fund Project Name 2016/2017 Adopted 2017/2018 Plan 2018/2019 Plan 2019/2020 Plan 2020/2021 Plan 5 Year CIP PROJECT TOTAL Storm Water Improvements 403 Stormwater Systems (Various Locations) R &R 200,000 200,000 200,000 200,000 200,000 $ 1,000,000 SE 26th Avenue - Stormwater Improvement 400,000 $ 400,000 Storm Water Improvements - 403 TOTAL S 200,000 S 200,000 S 200,0001 S 600,000 S 200,000 S 1,400,000 Reuse Distribution Improvements 404 REUSE Distribution System - 8 MGD Program 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 $ 10,000,000 Reuse Distribution Improvements - 403 TOTAL $ - $ - $ - $ - $ - $ - Reuse Distribution Improvements - 404 TOTAL S 2,000,000 S 2,000,000 S 2,000,000 S 2,000,000 S 2,000,000 S 10,000,000 Studies/Analyses/Misc. 403 Update base map/aerial photogrammetry (ready for CADD) SEWER PORTION 100,000 50,000 50,000 $ 200,000 403 Update Base Map/Aerial Photogrammetry (ready for CADD) WATER PORTION $ 404 Utility Accquisition - MP 1,500,000 1,500,000 1,500,000 500,000 500,000 $ 5,500,000 404 Utility Accquisition - Royal Manor $ 100,000 $ Studies/Anal ses/Misc 403. - TOTAL $ 50,000 S 50,000 S - $ $ 200,000 Studies/Analyses/Misc. 404 - TOTAL $ 1,500,000 S 1,500,000 S 1,500,000 S 500,000 S 500,000 S 5,500,000 Regional Plant 403 SCRWWTP CIP Funding 500,000 $ 500,000 403 Bio -solid Pelletization Program $ Regional Plant - TOTAL $ 500,000 $ $ $ $ $ 500,000 Grand Total Utilities CIP - 403 Fund $ 12,142,000 $ 10,197,000 $ 8,107,000 $ 5,537,000 $ 4,687,000 $ 40,670,000 Grand Total Utilities CIP - 404 Fund a,68o,000 $ 6,820,000 $ 3,500,000 1 $ 2,500,0001 $ 2,500,000 1 $ 20,000,000 Combined Total Utilities CIP $ 16,822,000 $ 17,017,000 $ 11,607,000 1 $ 8,037,0001 $ 7,187,000 1 $ 60,670,000 Page 925 of 960 UTILITY CAPITAL IMPROVEMENT SCHEDULE FY2016-17 to FY2020-21: FUNDING SOURCES FUNDING SOURCES - 403 2016/2017 Adopted 2017/2018 Plan 2018/2019 Plan 2019/2020 Plan 2020/2021 Plan FUNDING TOTAL FUND RESERVES & INTEREST UTILITY FD TRANSFER GRANT FUTURE DEBT - BONDS 5,042,000 4,697,000 (393,000) 37,000 (813,000) $ 8,570,000 5,400,000 5,500,000 5,500,000 5,500,000 5,500,000 $ 27,400,000 - 3,000,000 - $ 3,000,000 1,700,000 $ 1,700,000 3,000,/(0/0/(0 1,500,000 Grand Total - Fund 403 S 12,142,000 1 S 10,197,000 1 S 8,107,0001 S 5,537,000 S 4,687,000 S 40,670,000 ((��/( ((��y (80,281.) 20,000 30,000 10,300 (9,597) (19,693) 5,400,000 FUNDING SOURCES - 404 2016/2017 Adopted 2017/2018 Plan 2018/2019 Plan 2019/2020 Plan 2020/2021 Plan FUNDING TOTAL FUND RESERVES & INTEREST RESERVES: CAP FEES GRANT FUTURE DEBT - BONDS 180,000 1,500,000 1,500,000 500,000 500,000 $ 4,180,000 1,500,000 2,000,000 2,000,000 2,000,000 2,000,000 $ 9,500,000 - - - - - $ - 1 3,000,000 1 3,320,000 $ 6,320,000 Grand Total - Fund 404 1 S 4,680,0001 S 6,820,0001 S 3,500,000 S 2,500,000 S 2,500,000 S 20,000,000 Fund 403 - Beginning Fund Balance Future I)ebt Grant/Mise. Revenue Interest 2012 Bond Issue (Fund 410) Transfer from Operations (Fund 401) 'I'ot'd 11ro"Ject 1,xpenalltrures Fund 403 - Period Ending Fund Balance I'ot'd 11rn)eet 1;uclnylbrances I'dor Year A,�,flhdfle Adopted Budget Fund 403 Projected Ending Balance Fund 404 - Beginning Fund Balance Future I)ebt Capital Fac. Charges Grant, Mise. Revenue Interest 2012 Bond Issue (Fund 410) ,lot'd 11ro"Ject 1,xpenalltrures Fund 404 - Period Ending Fund Balance I'ot'd 11rn)eet 1;uclnylbrances I'dor Year A,�,flhdfle Adopted Budget Fund 404 Projected Ending Balance 2016/2017 Plan 2017/2018 Plan 2018/2019 dPlan 2019/2020 Plan 2020/2021 Plan 1,477,000 (550,000) (5,252,500) (7,912,025) (8,028,145) 1,700,000 3,320,000 - - - 3,000,/(0/0/(0 1,500,000 1,500,000 1,500,000 1,500,000 1.1,000 /( /( v (1,11111) v (52,525) y ( (/9,1.20) ((��/( ((��y (80,281.) 20,000 30,000 10,300 (9,597) (19,693) 5,400,000 5,500,000 5,500,000 5,500,000 5,500,000 i12.1. -12001W) ilU197.001W) (81u700u) (> "00u) (-1,687,00u) (550,000) (5,252,500) (7,912,025) (8,028,145) (7,295,427) 2016/2017 Plan 2017/2018 Plan I 2018/2019 dPlan 2019/2020 Plan 2020/2021 Plan 3,160,000 3,000,000 1,030,000 (959,700) (1,969,297) 3,000,000 3,320,000 - - - 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000 20,000 30,000 10,300 (9,597) (19,693) vr) t)i)i)j (r, 822 00u) (3,= 0u 0u,00u) ( �0u t 0u) (1= 0u r 0u) 3,000,000 1 1,030,000 1 (959,700) (1,969,297) (2,988,990) Page 926 of 960 Z cc F- U) U) cc U) i ti 0 N LL O 4 O N N OO l0 ' Cl) OO d) In V (-- M M 00 V Clio V r O 00 Ow V 0 m I I N l0 M O M M (a M (-- 00 (a 00 M N 00 N M O M O 00 0O M V O l0 M V � C-4 O V O (a d) N 00 O N M N l0 I- N In (a N 10 N 00 (a N O N l0 00 - O O V (`') V V l0 V [-- r- I- NO V O (0 N N O 00 Cl! 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M V N M O O O O O O O O O O O O O O O O O M0010 O � M V N M O O O O O O O O O O O O O O O O 0 U) 0010 O �! M V N M O V r V O000 I- � O r- N (O I- O r- N (O (O M N N M N O N Cl) O O O O O O O O O O C C C C 0 0LO 0 0 tri O �! M V N M O 0) M 0) : Cl) 1- 1- O 1- N (0 (11 O 1-n O N (0000 N U)OOin 00 100010 Cl) (O O O (C a 0) M O 1 (O V M M co N 00 M (C 1- N N N O O O O O O O O O O O O O O O 01O 01O O N , - 00 V 100 V I 10 O O O O O O O O O O O O O O O 0lO N O: 000 O N V 10 V I 10 O O O O O O O O O O O O O O O 0 10 0 10 O N , - 00 V 100 V I 10 O O O O O O O O O O O O O O O 0U) U) 0 00 O N � 10 V V 10 M 0010 00 M 0010 Cl) (O O O (C a 0) M O V (O V MT N M (C f� 1U) O O 1( 1( 1 1 (000(o (o V M T O N M - (C 1� V I 10 Cl) Cl! n O N N C W E A a uU ! W OcOi O O U _ 2 Q N LL L W U 3 w N etf r C 0) M N U LL 16 C d C 0 Q o ami � � � d 3 U E 0) F N C 0) C 16 C O100 W C O N E W t�6 '6 z Q u) i? �2 E W E �. E O m 0) O)'3 C O_. C d O- O Q y O v .yaf 5 ss d' v a� E LL U ,., t W E 7 ('I O '- s 7 7 W C N 0) i W O U W J W.2 - U Q a a) '� N a` a fi .`° ` www ;a w iZ O E LLI'o 5 'U 7 C C C C 7 O m>Co a U ¢ U U O M 0 M0 CO I- V r O V O M O m (A M N M I- V L2 CO V V (O I� (O O 00 0') M 0) Il- N M M M r (00 V V I- O N 0o r V N N V OMM (A � V V V 0) -- (O M (O V Il- F N M V Mr- M 0 0 00 : N 0 (0 M O M N N O(0 N V V NV V3 O V W 0 0 (0 V (11 w N I- w O M O M O N 0 0 V N N 0 1- 0 N V N I.- 0) N 00 V M (O O M N N,- N (O 00 V O O 0 V 0 00 N I- (O M 0 r 0 1-- 0 O 00 (O V 0 M 0 (O m M N I- M O 00 Il- (O N 00 M M (A O (O (A M W Il- M 10 N r (0 0 M 00 V W 0 M M� O N V3 O N 0 r 0 00 00 00 N 0 0 m 0 0 0 O 0 0 0 0 V 00 CO 0 N M M CO N M M V 00 00 O N M M 00 V Il- O_ O 00 N 1� CO O 0 O 0 N M O r M M N N 0 M N M M N 00 O r W V I -(A M 0 0 0 M (A O N O 00 V N O M V Il- V 0) 00 N T V3 0 0 7 I-0 OD M O 10 OD o wW O lO r O O V 00 00 O M O O M (O 00 M N M V N (O (A (O M O W V V M (A V O N V I- M N O 0 I- N 0 O N M VMN0GV In00O M O 00 O (OWll1LQ N M (0 M- N N M V- N M N I-- N 00 V3 O O V M CO M CO O M (\I 0 0 0 0 W 000 O N I- 00 l0 N 00 00 O 00 W I- (O M 0) 00 Il- 0) N 0) (O N (O N N O (O (MO 1- 0 x 0 V V l0O M (MO O V l0O CO I M N V O I- O M 00 (O (O O N (O I- O O I" M M N M C4 'If O') N N N-7 (O N - - - T V3 i M 0 M i i M i i i T (O L M M (0 V 0) (O 00 I N N O (\I 0) 00 O 1.- M N 0 (O O M N 10 M- M M M N V3 ' O ' O ' ' ' ' ' ' ' ' ' ' O O O O O O O O O O O 10 W 10 O O M (O V3 T M M (O 'I 0) (0 00 I 0NNN 10 (0 O co C -4 V - M M Va 0 0 0 4 0 0 co 0 0) ^(U LL 00 O N V O V I-- W O 000 0) M V O 04 1-0 1-- V M 1l O N N V (00 LL LL 6�1 O O f� O O 00 O N O LL M 00 v W E m z W 0 IL CL �i O O O O O O O O O O O O O O O 01O0010 O � M V N M O O O O O O O O O O O O O O O O O M 0010 O �! M V N M O O O O O O O O O O O O O O O O O M0010 O � M V N M O O O O O O O O O O O O O O O O 0 U) 0010 O �! M V N M O V r V O000 I- � O r- N (O I- O r- N (O (O M N N M N O N Cl) O O O O O O O O O O C C C C 0 0LO 0 0 tri O �! M V N M O 0) M 0) : Cl) 1- 1- O 1- N (0 (11 O 1-n O N (0000 N U)OOin 00 100010 Cl) (O O O (C a 0) M O 1 (O V M M co N 00 M (C 1- N N N O O O O O O O O O O O O O O O 01O 01O O N , - 00 V 100 V I 10 O O O O O O O O O O O O O O O 0lO N O: 000 O N V 10 V I 10 O O O O O O O O O O O O O O O 0 10 0 10 O N , - 00 V 100 V I 10 O O O O O O O O O O O O O O O 0U) U) 0 00 O N � 10 V V 10 M 0010 00 M 0010 Cl) (O O O (C a 0) M O V (O V MT N M (C f� 1U) O O 1( 1( 1 1 (000(o (o V M T O N M - (C 1� V I 10 Cl) Cl! n O N N C W E A a uU ! W OcOi O O U _ 2 Q N LL L W U 3 w N etf r C 0) M N U LL 16 C d C 0 Q o ami � � � d 3 U E 0) F N C 0) C 16 C O100 W C O N E W t�6 '6 z Q u) i? �2 E W E �. E O m 0) O)'3 C O_. C d O- O Q y O v .yaf 5 ss d' v a� E LL U ,., t W E 7 ('I O '- s 7 7 W C N 0) i W O U W J W.2 - U Q a a) '� N a` a fi .`° ` www ;a w iZ O E LLI'o 5 'U 7 C C C C 7 O m>Co a U ¢ U U O M 0 M0 CO I- V r O V O M O m (A M N M I- V L2 CO V V (O I� (O O 00 0') M 0) Il- N M M M r (00 V V I- O N 0o r V N N V OMM (A � V V V 0) -- (O M (O V Il- F N M V Mr- M 0 0 00 : N 0 (0 M O M N N O(0 N V V NV V3 O V W 0 0 (0 V (11 w N I- w O M O M O N 0 0 V N N 0 1- 0 N V N I.- 0) N 00 V M (O O M N N,- N (O 00 V O O 0 V 0 00 N I- (O M 0 r 0 1-- 0 O 00 (O V 0 M 0 (O m M N I- M O 00 Il- (O N 00 M M (A O (O (A M W Il- M 10 N r (0 0 M 00 V W 0 M M� O N V3 O N 0 r 0 00 00 00 N 0 0 m 0 0 0 O 0 0 0 0 V 00 CO 0 N M M CO N M M V 00 00 O N M M 00 V Il- O_ O 00 N 1� CO O 0 O 0 N M O r M M N N 0 M N M M N 00 O r W V I -(A M 0 0 0 M (A O N O 00 V N O M V Il- V 0) 00 N T V3 0 0 7 I-0 OD M O 10 OD o wW O lO r O O V 00 00 O M O O M (O 00 M N M V N (O (A (O M O W V V M (A V O N V I- M N O 0 I- N 0 O N M VMN0GV In00O M O 00 O (OWll1LQ N M (0 M- N N M V- N M N I-- N 00 V3 O O V M CO M CO O M (\I 0 0 0 0 W 000 O N I- 00 l0 N 00 00 O 00 W I- (O M 0) 00 Il- 0) N 0) (O N (O N N O (O (MO 1- 0 x 0 V V l0O M (MO O V l0O CO I M N V O I- O M 00 (O (O O N (O I- O O I" M M N M C4 'If O') N N N-7 (O N - - - T V3 i M 0 M i i M i i i T (O L M M (0 V 0) (O 00 I N N O (\I 0) 00 O 1.- M N 0 (O O M N 10 M- M M M N V3 ' O ' O ' ' ' ' ' ' ' ' ' ' O O O O O O O O O O O 10 W 10 O O M (O V3 T M M (O 'I 0) (0 00 I 0NNN 10 (0 O co C -4 V - M M Va 0 0 0 4 0 0 co 0 0) ^(U LL 00 O O � O N 66 O O 04 1-0 1-- V M 1l i 10 O0 Cl) LL V3 O O O f� O 00 O 0M N V n } 10 O0 M LL v W E m z W 0 IL CL �i O O O O O O O O O O O O O O O 01O0010 O � M V N M O O O O O O O O O O O O O O O O O M 0010 O �! M V N M O O O O O O O O O O O O O O O O O M0010 O � M V N M O O O O O O O O O O O O O O O O 0 U) 0010 O �! M V N M O V r V O000 I- � O r- N (O I- O r- N (O (O M N N M N O N Cl) O O O O O O O O O O C C C C 0 0LO 0 0 tri O �! M V N M O 0) M 0) : Cl) 1- 1- O 1- N (0 (11 O 1-n O N (0000 N U)OOin 00 100010 Cl) (O O O (C a 0) M O 1 (O V M M co N 00 M (C 1- N N N O O O O O O O O O O O O O O O 01O 01O O N , - 00 V 100 V I 10 O O O O O O O O O O O O O O O 0lO N O: 000 O N V 10 V I 10 O O O O O O O O O O O O O O O 0 10 0 10 O N , - 00 V 100 V I 10 O O O O O O O O O O O O O O O 0U) U) 0 00 O N � 10 V V 10 M 0010 00 M 0010 Cl) (O O O (C a 0) M O V (O V MT N M (C f� 1U) O O 1( 1( 1 1 (000(o (o V M T O N M - (C 1� V I 10 Cl) Cl! n O N N C W E A a uU ! W OcOi O O U _ 2 Q N LL L W U 3 w N etf r C 0) M N U LL 16 C d C 0 Q o ami � � � d 3 U E 0) F N C 0) C 16 C O100 W C O N E W t�6 '6 z Q u) i? �2 E W E �. E O m 0) O)'3 C O_. C d O- O Q y O v .yaf 5 ss d' v a� E LL U ,., t W E 7 ('I O '- s 7 7 W C N 0) i W O U W J W.2 - U Q a a) '� N a` a fi .`° ` www ;a w iZ O E LLI'o 5 'U 7 C C C C 7 O m>Co a U ¢ U U O M 0 M0 CO I- V r O V O M O m (A M N M I- V L2 CO V V (O I� (O O 00 0') M 0) Il- N M M M r (00 V V I- O N 0o r V N N V OMM (A � V V V 0) -- (O M (O V Il- F N M V Mr- M 0 0 00 : N 0 (0 M O M N N O(0 N V V NV V3 O V W 0 0 (0 V (11 w N I- w O M O M O N 0 0 V N N 0 1- 0 N V N I.- 0) N 00 V M (O O M N N,- N (O 00 V O O 0 V 0 00 N I- (O M 0 r 0 1-- 0 O 00 (O V 0 M 0 (O m M N I- M O 00 Il- (O N 00 M M (A O (O (A M W Il- M 10 N r (0 0 M 00 V W 0 M M� O N V3 O N 0 r 0 00 00 00 N 0 0 m 0 0 0 O 0 0 0 0 V 00 CO 0 N M M CO N M M V 00 00 O N M M 00 V Il- O_ O 00 N 1� CO O 0 O 0 N M O r M M N N 0 M N M M N 00 O r W V I -(A M 0 0 0 M (A O N O 00 V N O M V Il- V 0) 00 N T V3 0 0 7 I-0 OD M O 10 OD o wW O lO r O O V 00 00 O M O O M (O 00 M N M V N (O (A (O M O W V V M (A V O N V I- M N O 0 I- N 0 O N M VMN0GV In00O M O 00 O (OWll1LQ N M (0 M- N N M V- N M N I-- N 00 V3 O O V M CO M CO O M (\I 0 0 0 0 W 000 O N I- 00 l0 N 00 00 O 00 W I- (O M 0) 00 Il- 0) N 0) (O N (O N N O (O (MO 1- 0 x 0 V V l0O M (MO O V l0O CO I M N V O I- O M 00 (O (O O N (O I- O O I" M M N M C4 'If O') N N N-7 (O N - - - T V3 i M 0 M i i M i i i T (O L M M (0 V 0) (O 00 I N N O (\I 0) 00 O 1.- M N 0 (O O M N 10 M- M M M N V3 ' O ' O ' ' ' ' ' ' ' ' ' ' O O O O O O O O O O O 10 W 10 O O M (O V3 T M M (O 'I 0) (0 00 I 0NNN 10 (0 O co C -4 V - M M Va 0 0 0 4 0 0 co 0 0) ^(U LL O 00 O 00 —0 O O0 N 6 } V M n 10 00 M LL V3 00 O f� 00 O O O N O V ~ M O0 LL W E m z W 0 IL CL �i O O O O O O O O O O O O O O O 01O0010 O � M V N M O O O O O O O O O O O O O O O O O M 0010 O �! M V N M O O O O O O O O O O O O O O O O O M0010 O � M V N M O O O O O O O O O O O O O O O O 0 U) 0010 O �! M V N M O V r V O000 I- � O r- N (O I- O r- N (O (O M N N M N O N Cl) O O O O O O O O O O C C C C 0 0LO 0 0 tri O �! M V N M O 0) M 0) : Cl) 1- 1- O 1- N (0 (11 O 1-n O N (0000 N U)OOin 00 100010 Cl) (O O O (C a 0) M O 1 (O V M M co N 00 M (C 1- N N N O O O O O O O O O O O O O O O 01O 01O O N , - 00 V 100 V I 10 O O O O O O O O O O O O O O O 0lO N O: 000 O N V 10 V I 10 O O O O O O O O O O O O O O O 0 10 0 10 O N , - 00 V 100 V I 10 O O O O O O O O O O O O O O O 0U) U) 0 00 O N � 10 V V 10 M 0010 00 M 0010 Cl) (O O O (C a 0) M O V (O V MT N M (C f� 1U) O O 1( 1( 1 1 (000(o (o V M T O N M - (C 1� V I 10 Cl) Cl! n O N N C W E A a uU ! W OcOi O O U _ 2 Q N LL L W U 3 w N etf r C 0) M N U LL 16 C d C 0 Q o ami � � � d 3 U E 0) F N C 0) C 16 C O100 W C O N E W t�6 '6 z Q u) i? �2 E W E �. E O m 0) O)'3 C O_. C d O- O Q y O v .yaf 5 ss d' v a� E LL U ,., t W E 7 ('I O '- s 7 7 W C N 0) i W O U W J W.2 - U Q a a) '� N a` a fi .`° ` www ;a w iZ O E LLI'o 5 'U 7 C C C C 7 O m>Co a U ¢ U U O M 0 M0 CO I- V r O V O M O m (A M N M I- V L2 CO V V (O I� (O O 00 0') M 0) Il- N M M M r (00 V V I- O N 0o r V N N V OMM (A � V V V 0) -- (O M (O V Il- F N M V Mr- M 0 0 00 : N 0 (0 M O M N N O(0 N V V NV V3 O V W 0 0 (0 V (11 w N I- w O M O M O N 0 0 V N N 0 1- 0 N V N I.- 0) N 00 V M (O O M N N,- N (O 00 V O O 0 V 0 00 N I- (O M 0 r 0 1-- 0 O 00 (O V 0 M 0 (O m M N I- M O 00 Il- (O N 00 M M (A O (O (A M W Il- M 10 N r (0 0 M 00 V W 0 M M� O N V3 O N 0 r 0 00 00 00 N 0 0 m 0 0 0 O 0 0 0 0 V 00 CO 0 N M M CO N M M V 00 00 O N M M 00 V Il- O_ O 00 N 1� CO O 0 O 0 N M O r M M N N 0 M N M M N 00 O r W V I -(A M 0 0 0 M (A O N O 00 V N O M V Il- V 0) 00 N T V3 0 0 7 I-0 OD M O 10 OD o wW O lO r O O V 00 00 O M O O M (O 00 M N M V N (O (A (O M O W V V M (A V O N V I- M N O 0 I- N 0 O N M VMN0GV In00O M O 00 O (OWll1LQ N M (0 M- N N M V- N M N I-- N 00 V3 O O V M CO M CO O M (\I 0 0 0 0 W 000 O N I- 00 l0 N 00 00 O 00 W I- (O M 0) 00 Il- 0) N 0) (O N (O N N O (O (MO 1- 0 x 0 V V l0O M (MO O V l0O CO I M N V O I- O M 00 (O (O O N (O I- O O I" M M N M C4 'If O') N N N-7 (O N - - - T V3 i M 0 M i i M i i i T (O L M M (0 V 0) (O 00 I N N O (\I 0) 00 O 1.- M N 0 (O O M N 10 M- M M M N V3 ' O ' O ' ' ' ' ' ' ' ' ' ' O O O O O O O O O O O 10 W 10 O O M (O V3 T M M (O 'I 0) (0 00 I 0NNN 10 (0 O co C -4 V - M M Va 0 0 0 4 0 0 co 0 0) ^(U LL M O W (O OM') V M 0) W O O (O 00 M r V) M O M O (O M d) 00 00 I- (O w LO O V N 0) I- O - M N (O N O N (O N V3 O N N n N LL LL X N O O N } LL O O O d O O N N y O 6 04 O i N y o r } LL 3 O O v � F H i o O O — N O O N m � N a Q LL � LL r.LM d CO U 00 ti N N O r N LL ti r N r O N L F >M LL 3 0 O O z 15 n Q O NO Q L Q LL Q E O) O f0 C w 0 N N U } O LL 0 a` En z w O Jr M O W (O OM') V M 0) W O O (O 00 M r V) M O M O (O M d) 00 00 I- (O w LO O V N 0) I- O - M N (O N O N (O N V3 V3 O O O O O O O O O O O O N N � V3 0 0 0 O O O O O O O O O O O O N N V3 O I- 00 (O I- M O O (O 00 M-1-0 1-M M O M O (O (6_ 0) 00 00 I" (O w 1 O N M r O M N (O N N - M N O V3 00 ' O' ' ' M' m C C C c v 0 0 0 0 0 O O O r N - N m V3 M 00 m M M- V 0) (O O (O W M - r 0 O M (O LO LO V M d) co coO (O V M N (O O N m (» 000 (000000') I- LO (O m Cl) O0) 00000000) M M m 00 (O N 0) Vi O M O V O (O N a O I- 00 I- 1- 0 0 0 V (O Cl) O M (O I- O LO 00 (\I M 0) (O N O M M I� N M V O d) 0) 00 O O V (O N 0) N 00 m N I-- O N N CO O OD M O O O O ' OD ' Q CO CO N (O (O 00 O (O O M V m m M N O N O O O (O N O O d) M O V O (O (O 0) V LO LO N co 00 V M V M_ (NO V V N N N ;m 00 m m O O O M O 0 0 0 ' 0) ' V N (O (O 00 O (O O(O V O O M N O N O O O N (C (C 0 00 O- M M M O M N O O N N 00 V V N (O M M (\I N 00 N00 CD 04 O OD M O O O O ' 0) ' V 11 V LNNONOOO N OO (C(C d) M O V O (O (O O V 0 0 00 I- (O M M O M N O O N N 00 11 11 N (O M M N - (\I M N Cl) I -- M V V O O O M O 0 0 0 ' 0) ' V N (O (O 00 O (O O(O V O O M N O N O O O N (C (C M M O V O (O (O O V m m 00 I- (O M M O M N O O N N 00 V V N (O Cl) Cl) N -7 N M N M r - M V V O (O V O O O O M N M O O CO N N M 00 O (O 0 0 m M 00 m M N r- N O O O V m (O N O m NM M0) a) VM M M 11 T N N 00 00 V V d) d) V m (O r N M N 04 V 04 O (O V 0 0 0 0 m N M O O m N N M 00 O (O 0 0 m M 00 m M N I- (\I O O O V 0) (O N O m N m o VmMmM m V N N 00 00 V V m m V m (O r N (11 M N V I i i i i i i i i i i i. 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Cl! r M V3 00 00 00 (\I T n 00 00 (O N N (OC N N m V3 00 00 00 N N N N N (C N N m V3 OD 00 00 (\I T n 00 00 (O N N (OC N N m V3 Co O O N co N N 00 00 0) m fl I- n 00 00 (O 00 00 O M Cl) N N (O M M N N m VT M M 00 I� I.- M m N 00 (O (O N N T I� n N N m VT m V V Cl)LQ Cl) N N N M M M N N N V3 n V n Va N N O O O O O O O O O O O O N N � V3 6 O 6 y o r O O O O O O U cq F H O O O O O O N N � V3 O O O O O O O O O O O O N N � V3 0 0 0 O O O O O O O O O O O O N N V3 O I- 00 (O I- M O O (O 00 M-1-0 1-M M O M O (O (6_ 0) 00 00 I" (O w 1 O N M r O M N (O N N - M N O V3 00 ' O' ' ' M' m C C C c v 0 0 0 0 0 O O O r N - N m V3 M 00 m M M- V 0) (O O (O W M - r 0 O M (O LO LO V M d) co coO (O V M N (O O N m (» 000 (000000') I- LO (O m Cl) O0) 00000000) M M m 00 (O N 0) Vi O M O V O (O N a O I- 00 I- 1- 0 0 0 V (O Cl) O M (O I- O LO 00 (\I M 0) (O N O M M I� N M V O d) 0) 00 O O V (O N 0) N 00 m N I-- O N N CO O OD M O O O O ' OD ' Q CO CO N (O (O 00 O (O O M V m m M N O N O O O (O N O O d) M O V O (O (O 0) V LO LO N co 00 V M V M_ (NO V V N N N ;m 00 m m O O O M O 0 0 0 ' 0) ' V N (O (O 00 O (O O(O V O O M N O N O O O N (C (C 0 00 O- M M M O M N O O N N 00 V V N (O M M (\I N 00 N00 CD 04 O OD M O O O O ' 0) ' V 11 V LNNONOOO N OO (C(C d) M O V O (O (O O V 0 0 00 I- (O M M O M N O O N N 00 11 11 N (O M M N - (\I M N Cl) I -- M V V O O O M O 0 0 0 ' 0) ' V N (O (O 00 O (O O(O V O O M N O N O O O N (C (C M M O V O (O (O O V m m 00 I- (O M M O M N O O N N 00 V V N (O Cl) Cl) N -7 N M N M r - M V V O (O V O O O O M N M O O CO N N M 00 O (O 0 0 m M 00 m M N r- N O O O V m (O N O m NM M0) a) VM M M 11 T N N 00 00 V V d) d) V m (O r N M N 04 V 04 O (O V 0 0 0 0 m N M O O m N N M 00 O (O 0 0 m M 00 m M N I- (\I O O O V 0) (O N O m N m o VmMmM m V N N 00 00 V V m m V m (O r N (11 M N V I i i i i i i i i i i i. N (O (C coO LO r U W m m 0 p a m 2 �r x d D a o o '' N Q m U U m N O LL LL O_M U m m w U v O > a H U r c> ai d w d E m m m m~ N U u) m C ?j C C C N U O a) O C LL LL W 91 .m-. Oi J .0 U O m a) y N '%P O a) '>a N m 3 c'6 Q. Q~ C C C>_ N OrU an d mW LL t w'� m �>>.(.( m '� D a`w m 0 �y N a) UmUwiiLc Lu m N N y> O O LL "' m �Q�JQQ N U y ` wwwwwwwwwww y U m a E m m m m U o ar d d d d d d d d d d d o LL m r O V O a sm m U U O E m 0 y N N N N N N N N N N N am+ LL C C C C C C C C C C C Q> a) C N N 0 O O t N N N N N N N N N N N N F O U aw� O O O W W r I-- 00 M M M Cl) O O O O 00 00 co 00 00 00 M M M Cl) O O W W r I-- 00 M M M Cl) V V (00 N N r O O N Cl! Cl! r M V3 00 00 00 (\I T n 00 00 (O N N (OC N N m V3 00 00 00 N N N N N (C N N m V3 OD 00 00 (\I T n 00 00 (O N N (OC N N m V3 Co O O N co N N 00 00 0) m fl I- n 00 00 (O 00 00 O M Cl) N N (O M M N N m VT M M 00 I� I.- M m N 00 (O (O N N T I� n N N m VT m V V Cl)LQ Cl) N N N M M M N N N V3 n V n Va N N w c v c 2 Lf a � N 7a) U 7 > v U C7 a)U y 6 O 6 y o r w w o N N m d cn O 0 V) F U cq F H 0. a ll W LO T N O W O 0) 0) O 1- O 0) V 10 0) Inr (O N N U (O V-- Cl! 00 O O (11— 0) M Cl) In U) r (O V3 O O ' O O O M Cl) Cl) O O O O O N N N O V co 0 co 0M In Lo C) I-- O O In N 00 (O (O O O — N N (» 0 0 O 0 0 1- Cl) 1-- 00 O O O 00 N N N O� co N U) M M � O O In N 00 (O (O O O - N 04 V3 0 0 O 0 0 1- n n 00 a O O N N N O V N In In N n O O In N 00 (O (O O O N V3 0 0 O 0 0 1- Cl) 1-- 00 O O O 00 N N N O� co N U) M co n O O In M 00 [- fl O O - N N Vr ll W LO T N O 0) N04 I� O (0 0 0 n 00 (0 W U) co W V) N V 0 LO O N Cl) In M r- (O O O O - N M 61) 00 ' O In O[- N N 00 O (11 O 0) N N O O O (O O O00 O ON co W U) I n O O In M I-- (C (C O O - N �! 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V3 Q M In N ' ' ' ' N LO O O 0) (D O O N (° Cl) Cl) (» N In O O V M O V W O N 00 (0 O 00 00 (0 co 00 (0 00 00 N In 7 O In O d) O O m M V 1- — � 0 V M 00 (O 00 10 00 �2 (\I m O V N O f� VT O O (0 0 0 0 0 0 0 0 (O (00 (000 V O 000 W 1� O 0) O O M O O O O O N O In O O m O O O O m M 0000001n 000 w V M N N Va O O C O O M O O O O M �o((00000 000v N O M O O In O O O O V O 1: M M 00 M O0 O O M 1� O N M In n M In Cl) N V3 oo)noo'IT o 000m � O M 0 0 0 0 0 0 0 N O In O O � O O O O m M O (O 0 0 W O O m LQ O m M— N � — N V3 0 0 0 O O O l n O O O O M 000000 �: O 000 (O V O cn C C O O O O O In r O O r to O O O o M N In M O r N O O O (O V 1� O N O In — M n m — 0) M V — Cl) Va M (11 O O O O M ' V m N W V 0 0 0 0 N (O M M 1�OO LQ (Q 00 Ism I -M 00000') m O 00 m m N O O r r Od) 10 0) 00 0) V N 00 In 00 I -- M VT M O O O O O O ' O O M 1- 0 0 0 0 0 0 001.- 1-000000 OfI-000Ol n0 OON N In to O O M In O O M N r O O r 0 00 fz 0) 1- (0 V N 00 In M 00 M - N N C-4 V3 LO W r O N (O (O In � (O 00 (0 � N O M 000 N N Va 0 0 0 4 O N C7 N LL N N w U w N C t6 O F U O 0 ON O 0 p w != (6O N C p m O t w m 0) 7 7 W t w 0: ~ U C LL 6 C N C F O 0-'e O w E f6 r N r N U U U C Y U .=- .. 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LEGAL 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 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: BARRY GOLDMAN, Plaintiff, vs CITY OF BOYNTON BEACH, Defendant — Palm Beach County Circuit Court Case No. 2015CA011734XXXXMB EXPLANATION OF REQUEST: The City Attorney, James Cherof, will be in attendance along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 30 minutes. The time and date of the private attorney-client session will be scheduled at the December 19, 2016 City Commission meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. The cost of a court reporter ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 936 of 960 REVIEWERS: Department Legal Finance City Manager Memorandum requesting private attorney-client session Reviewer Action Swanson, Lynn Approved Howard, Tim Approved Howard, Tim Approved Date 12/15/2016 - 1:54 PPA 12/15/2016 - 1:56 PPA 12/15/2016 - 1:56 PPA Page 937 of 960 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 DATE: December 15, 2016 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: BARRY GOLDMAN, Plaintiff, vs CITY OF BOYNTON BEACH, Defendant — Palm Beach County Circuit Court Case No. 2015CA011734XXXXMB I will be in attendance along with Assistant City Attorney Tracey DeCarlo, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. We will need approximately 30 minutes. The time and date of this private attorney-client session will be scheduled at the December 19, 2016 City Commission meeting. C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\2EFE2851-E8DE-4EAB-B13E-90FD56A785B7\Boynton Beach. 4716.1. Req uest_For_Ex_Session_-_(Gold man). Doc Page 938 of 960 14.A. FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17 -XXX - FIRST READING Approve Riverwalk Rezoning from C-3 (Community Commercial District) to MU -4 (Mixed Use 4 District) with a master plan for 326 apartments and 51,220 square feet of commercial space. Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. - January 3, 2017. EXPLANATION OF REQUEST: The subject property covers most of the land within Riverwalk Plaza shopping center, which contains Wendy's restaurant, Wells Fargo bank, a multitenant building with Walgreens and Joann's Fabrics, Prime Catch restaurant and a large vacant "big bo)e' formerly occupied by Winn Dixie. The proposed rezoning includes a master plan for a mixed use project with 326 apartments and 51,220 square feet of commercial space, includes Wendy's and the multitenant building but excludes the properties occupied by the Wells Fargo Bank and Prime Catch Restaurant. This is the first project to include a request for the MU -4 Zoning District, which is being established pursuant to a recommendation from the newly adopted Community Redevelopment Plan. The subject request is being processed concurrently with corresponding applications for Land Use Amendment, Major site Plan Modification, Height Exception, and Community Design Plan Appeal. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 939 of 960 REVIEWERS: Department Development Assistant City Manager City Manager Reviewer Action Mack, Andrew Approved Groff, Colin Approved LaVerriere, Lori Approved Date 12/14/2016 - 2:23 PPA 12/14/2016 - 5:43 PPA 12/15/2016 - 10:30 ANA Page 940 of 960 14. B. FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17 -XXX - FIRST READING Approve Riverwalk Future Land Use Map amendment from Local Retail Commercial (LRC) to Mixed Use Core (MX -C). Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk, LLC, property owner. - January 3, 2017 EXPLANATION OF REQUEST: The subject property covers most of the land within Riverwalk Plaza shopping center, which contains Wendy's restaurant, Wells Fargo bank, a multitenant building with Walgreens and Joann's Fabrics, Prime Catch restaurant and a large vacant "big bob' formerly occupied by Winn Dixie. The proposed future land use map amendment and rezoning includes a master plan for a mixed use project with 326 apartments and 51,220 square feet of commercial space, includes Wendy's and the multitenant building but excludes the properties occupied by the Wells Fargo Bank and Prime Catch Restaurant. This is the first project to include a request for the MU -4 Zoning District, which is being established pursuant to a recommendation from the newly adopted Community Redevelopment Plan. The subject request is being processed concurrently with corresponding applications for Rezoning and Major site Plan Modification, Height Exception, and Community Design Plan Appeal. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 941 of 960 REVIEWERS: Department Development Assistant City Manager City Manager Reviewer Action Mack, Andrew Approved Groff, Colin Approved LaVerriere, Lori Approved Date 12/14/2016 - 1:52 PPA 12/14/2016 - 5:43 PPA 12/15/2016 - 10:17 ANA Page 942 of 960 14.C. FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Approve request for the Riverwalk Plaza Height Exception (HTEX 16-001) to allow non -inhabitable space including architectural features and stair tower to extend 5 feet above the maximum building height allowed in the MU -4 Zoning District (100 feet) within a mixed-use development. Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. When reviewed on January 3rd, staff will advise the Commission to table the item to the January 17th agenda so that final action occurs simultaneously with final action to be taken on the corresponding ordinances for Land Use Amendment and Rezoning. - January 17, 2017 EXPLANATION OF REQUEST: The subject property covers most of the land within the Riverwalk Plaza shopping center, which contains the Wendy's Restaurant, Wells Fargo Bank, a multitenant building with Walgreens and Joann's Fabrics, the Prime Catch Restaurant and a large vacant "big box' formerly occupied by Winn Dixie. The requested height exception is pursuant to the Land Development Regulations, Chapter 2, Section 4.0 which provides an efficient relief process to allow for certain eligible building appurtenances and structures which are ordinarily erected or located on top of a building, to exceed the maximum height allowed by the respective zoning district. The subject request is being processed concurrently with corresponding applications for Land Use Amendment, Rezoning, Major site Plan Modification, and Community Design Plan Appeal. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 943 of 960 REVIEWERS: Department Development Assistant City Manager City Manager Reviewer Action Mack, Andrew Approved Groff, Colin Approved LaVerriere, Lori Approved Date 12/14/2016 - 4:53 PPA 12/14/2016 - 5:42 PPA 12/15/2016 - 10:58 ANA Page 944 of 960 14.D. FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Approve request for the Riverwalk Plaza Community Design Appeal (CDPA 16-002) to allow deviation from the zero (0') build -to -line requirement along an arterial road as required by the Land Development Regulations, Chapter 3, Article III. Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. When reviewed on January 3rd, staff will advise the Commission to table the item to the January 17th agenda so that final action occurs simultaneously with final action to be taken on the corresponding ordinances for Land Use Amendment and Rezoning. - January 17, 2017. EXPLANATION OF REQUEST: The subject property covers most of the land within the Riverwalk Plaza shopping center, which contains the Wendy's Restaurant, Wells Fargo Bank, a multitenant building with Walgreens and Joann's Fabrics, the Prime Catch Restaurant and a large vacant "big bo)e' formerly occupied by Winn Dixie. The requested Community Design Appeal is filed pursuant to the Land Development Regulations, Chapter 2, Article II, Section 4.13 which provides an efficient relief process to allow for flexibility, and alternative ways to meet the intent of the LDR to yield high quality design, architectural detail, and visual interest without negative impacts to the subject property or surrounding properties. The application explains that compliance with the build -to -line requirement is precluded by the built status of the project area along with the grade change of the abutting right-of-way. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 945 of 960 REVIEWERS: Department Development Assistant City Manager City Manager Reviewer Action Mack, Andrew Approved Groff, Colin Approved LaVerriere, Lori Approved Date 12/15/2016 - 6:10 AM 12/15/2016 - 8:16 AM 12/15/2016 - 10:59 AM Page 946 of 960 14. E. FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Approve request for the Riverwalk Plaza Major Site Plan Modification (16-002) for a mixed-use development of 326 apartments, 51,220 square feet of existing and additional commercial space, parking garage, private recreation area, public waterfront plaza and related site improvements on 9.78 acres. Agent: Steven S. Wherry of Greenspoon Marder, P.A. for Shaul Rikman of Isram Riverwalk LLC., property owner. When reviewed on January 3rd, staff will advise the Commission to table the item to the January 17th agenda so that final action occurs simultaneously with final action to be taken on ordinances for Land Use Amendment and Rezoning. - January 17, 2017 EXPLANATION OF REQUEST: The subject property covers most of the land within the Riverwalk Plaza shopping center, which contains Wendy's restaurant, Wells Fargo bank, a multitenant building with Walgreens and Joann's Fabrics, Prime Catch restaurant and a large vacant "big bo)e' formerly occupied by Winn Dixie. The proposed site plan modification includes a mixed-use project with 326 apartments, 51,220 square feet of commercial space including a new 4,666 -square foot building along Federal Highway, and features a public promenade extending along the Intracoastal Waterway the entire length of the project. The project area includes the Wendy's Restaurant and the multitenant building but excludes the properties occupied by the Wells Fargo Bank and Prime Catch Restaurant. This is the first project to include a request for the MU -4 Zoning District, which is being established pursuant to a recommendation from the newly adopted Community Redevelopment Plan. The subject request is being processed concurrently with corresponding applications for Land Use Amendment and Rezoning, Height Exception, and Community Design Plan Appeal. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. N/A ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Page 947 of 960 Grant Amount: REVIEWERS: Department Development Assistant City Manager City Manager Reviewer Action Mack, Andrew Approved Groff, Colin Approved LaVerriere, Lori Approved Date 12/14/2016 - 4:51 PPA 12/14/2016 - 5:43 PPA 12/15/2016 - 10:52 ANA Page 948 of 960 14. F. FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: City Commission to review Legislative Priority List for upcoming Legislative Session - January 17, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 11/16/2016 - 6:00 PM Howard, Tim Approved 11/16/2016 - 6:00 PM LaVerriere, Lori Approved 11/21/2016 - 9:02 AM Page 949 of 960 14.G. FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Discuss an amendment of the City's Zoning Regulations (LDR Chapter 3, Section 3. D.) to allow medical offices as accessory uses to a residential development. - February 7, 2017. EXPLANATION OF REQUEST. It is staff's understanding that the intent of the request is to allow a medical clinic as an accessory use to a residential development, and that the services of said clinic would not be open to the general public but would be limited to the residents of a given private neighborhood or development. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 11/16/2016 - 3:36 AM Howard, Tim Approved 11/16/2016 - 6:36 AM LaVerriere, Lori Approved 11/21/2016 - 9:03 AM Page 950 of 960 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Monthly Departmental Presentations: Library - January 2017 Communications/Marketing - February 2017 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager 14. H. FUTURE AGENDA ITEMS 12/19/2016 Reviewer Action Date Howard, Tim Approved 11/16/2016 - 6:00 PM Howard, Tim Approved 11/16/2016 - 6:00 PM LaVerriere, Lori Approved 11/21/2016 - 9:02 AM Page 951 of 960 14.1. FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: The Commission meeting on Tuesday, March 7, 2017 has been rescheduled to Monday, March 6, 2017 at 6:30p.m. in the Commission Chambers due to members of the Commission travelling to Tallahassee on March 7, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 11/16/2016 - 3:40 AM Finance Howard, Tim Approved 11/16/2016 - 6:40 AM City Manager LaVerriere, Lori Approved 11/21/2016 - 9:02 AM Page 952 of 960 14.J. FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Joint City Commission/CRA Workshop for six month update on 2016 strategic plan at the Intracoastal Park Clubhouse (IPC) at 3:30p.m. - March 28, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 11/29/2016 - 4:11 PM Howard, Tim Approved 11/29/2016 - 4:11 PM LaVerriere, Lori Approved 11/30/2016 - 10:48 AM Page 953 of 960 14. K. FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Discuss the creation of a citizen oversight committee as provided by Palm Beach County ordinance and Interlocal agreement- January 17, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 11/29/2016 - 4:64 PM Howard, Tim Approved 11/29/2016 - 4:64 PM LaVerriere, Lori Approved 11/60/2016 - 10:29 AM Page 954 of 960 14. L. FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Interlocal Agreement with CRA for Community Standards Outreach position - January 17, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 11/00/2016 - 6:46 AM Howard, Tim Approved 11/00/2016 - 6:46 AM LaVerriere, Lori Approved 11/00/2016 - 10:26 AM Page 955 of 960 14.M. FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Discuss Cannibus dispensing regulations -January 3, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 12/1/2016- 11:13 AM Howard, Tim Approved 12/1/2016- 11:16 AM LaVerriere, Lori Approved 12/2/2016 - 6:66 AM Page 956 of 960 14. N. FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: PBC Human Rights Council has asked the City to consider adopting an ordinance banning conversion therapy for minors - January 3, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 12/3/2016 - 11:49 AM Howard, Tim Approved 12/6/2016 - 11:49 AM LaVerriere, Lori Approved 12/12/2016 - 6:16 AM Page 957 of 960 14.0. FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Review and consider entering into a Solar Lease and Easement Agreement with FP&L to provide a Solar Tree at Oceanfront Park - January 17, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 12/6/2016 - 11:69 AM Howard, Tim Approved 12/6/2016 - 11:69 AM LaVerriere, Lori Approved 12/12/2016 - 6:16 AM Page 958 of 960 14. R FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Announce the Martin Luther King's events to be held in January 2017 by the Chair - January 3, 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: REVIEWERS: Department Finance Finance City Manager Reviewer Action Date Howard, Tim Approved 12/12/2016 - 11:49 AM Howard, Tim Approved 12/12/2016 - 11:49 AM LaVerriere, Lori Approved 12/14/2016 - 6:69 AM Page 959 of 960 14.Q. FUTURE AGENDA ITEMS 12/19/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 12/19/2016 REQUESTED ACTION BY COMMISSION: Consider adopting a Chronic Nuisance Ordinance - February 2017. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 12/14/2016 - 6:67 AM Finance Howard, Tim Approved 12/14/2016 - 6:63 AM City Manager LaVerriere, Lori Approved 12/14/2016 - 6:69 AM Page 960 of 960