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Agenda 09-20-16The City of Boynton Beach City Commission Agenda Tuesday, September 20, 2016, 6:30 PM Commission Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting and 2nd Budget Public Hearing 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, Interim 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 1471 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 1471 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation: Pledge of Allegiance to the Flag led by Commissioner Casello ROLL CALL Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Conduct Second Public Budget Hearing for FY 2016/2017 Proposed Annual Operating Budget. PROPOSED RESOLUTION NO. R16-115 - Adopt the Final millage rate for the General Fund for Fiscal Year 2016-2017. PROPOSED RESOLUTION NO. R16-116 - Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2016-2017. B. PROPOSED RESOLUTION NO. R16-117 - Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2016-2017. C. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. David Dearth, representing the Florida Department of Environmental Protection (DEP), will be presenting a $50,000 check to the Mayor as part of the Florida Recreation Development Assistance Program (FRDAP) Grant award to the City for the continued development of Barrier Free Park. B. Verdenia Baker, County Administrator for Palm Beach County and Mike Burke, Chief Financial Officer for the School District of Palm Beach County will make presentations on the Palm Beach County One -Penny Sales Surtax. C. Announcement by Eleanor Krusell, Communications Manager, regarding the Digital Photo Contest for the City's 2017 Calendar. 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. Authorize the Mayor to travel to Orlando for Florida League of Cities Legislative Policy Committee Page 3 of 1471 Meetings on the following dates: Friday, September 30, 2016 Friday, October 28, 2016;and Friday and Saturday, December 8 & 9, 2016 B. Authorize travel and hotel stay for Commissioner Romelus and other commissioners interested in attending the Florida League of Cities Institute for Elected Municipal Officials program in Tampa FL, October 7-9, 2016. C. 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 1 Alt Building Board of Adjustments & Appeals - 1 Reg Education and Youth Advisory Bd: 2 Alts Historic Resources Preservation Bd: 1 Alt Senior Advisory Board: 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. PROPOSED RESOLUTION NO. R16-118 - Approve and adopt the seconded amended and restated interlocal agreement executed by the Towns of Lantana and Mangonia Park which further updates the board of supervisors' structure for the Florida Green Finance Authority; provides for more flexibility in obtaining a quorum of the board; and changes the program name. B. PROPOSED RESOLUTION NO. R16-119 - Approve membership agreement between the City of Boynton Beach and Green Corridor PACE District for financing of qualified improvements in accordance with Section 163.08, Florida Statutes. C. PROPOSED RESOLUTION NO. R16-120 - Authorize the City Manager to sign and accept the Florida Department of State, Division of Historical Resources grant award (No. F1602) in the amount of $32,942 and to sign any documents associated with the grant on behalf of the City of Boynton Beach. D. PROPOSED RESOLUTION NO. R16-121 - Authorize the Mayor to sign the application and agreement for Library State Aid To Public Libraries Grant for FY2016-2017. E. Approve the updated Library Long Range Plan for 2016-2021. F. PROPOSED RESOLUTION NO. R16-122 - Authorize the City Manager to sign the Developer's Agreement with Hovsite II Casa del Mar, LLC for the off-site construction of stormwater and water main piping associated with the Casa del Mar project. The City's share of the costs is $92,387. G. PROPOSED RESOLUTION NO. R16-123 - Approve Subordination Agreement allowing for a subordination of the City's mortgage for Charles W. Powers, Jr., and his mother Paula J. Powers for the property located at 172 S.E. 30th Ave., Boynton Beach, Florida 33435, and authorizing the City Manager to sign the Subordination Agreement. H. PROPOSED RESOLUTION NO. R16-124 - Ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their April 28 and August 25, 2016 meetings and give authorization to do the following: 1) Establish wastewater user rate (O&M rate of $1.00/1,000 Gal and R&R Reserves at $0.032/1,000 Gal) to Delray Beach and Boynton Beach for Fiscal Year 2016/2107; Page 4 of 1471 2) Maintain the reclaim user rate for Hunters Run Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal Year 2016/2017; 3) Accept the 2016/2017 Proposed Capital Improvement Plan (CIP); 4) Authorization to establish reclaim user rate at $0.166/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for Fiscal Year 2016/2017; 5) Accept the 2016/2017 wastewater and reclaim O&M Budgets; 6) Authorization to approve eighth amendment to interlocal agreement. I. PROPOSED RESOLUTION NO. R16-125 - Authorize the City Manager to sign all documents associated with the application, acceptance and grant agreement for the VOCA grant subject to the approval of the City Attorney. J. PROPOSED RESOLUTION NO. R16-126 - Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). Our agency was awarded $29,488 (2016 -DJ - BX -0603) on August 29, 2016. The funds have been allocated towards our Community Outreach Video Production Project, SmartWater Program and K9 Unit. K. PROPOSED RESOLUTION NO. 16-127 - Approve the First Restated Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the lease of two (2) T1 lines that connect the Boynton Beach Radio Tower Site to Palm Beach County Radio Master Site. L. Approve Change Order #4 to Purchase Order #130850 to Rohl Networks, LP in the amount of $98,064.77 for the Fiber Optic Cabling project, Bid No. 017-2821-12/DJL, increasing the purchase order from $178,248.79 to $276,313.56. M. Approve Bid No.: 066-2730-16/JMA, "Sod and Sod Installation" to three (3) contractors as primary and secondary suppliers. This is a Southeast Florida Governmental Purchasing Cooperative Bid for thirteen municipalities with the City of Boynton Beach as Lead Agency for the North (North Broward/Palm Beach), South (South B roward/Mi ami- Dade) and Central (Central Broward) regions. The bid is for one-year period with the option for three (3) additional one (1) year extensions. The estimated expenditure for the City of Boynton Beach for the one-year period is $15,000. N. Approve utilizing Government Services Administration (GSA) contract #GS -35F -0016T to provide telecommunication services from Windstream (PAETEC) in an amount not to exceed $40,000 for FY 2016/2017. O. Legal expenses - August 2015 - Informational at the Request of the Commission. No action required. P. Accept the Fiscal Year 2015-2016 Budget Status Report of the General Fund and the Utilities Fund for the ten (10) month period ending July 31, 2016. Q. Accept the written report to the Commission for purchases over $10,000 for the month of August 2016. R. Approve the extensions for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for September 20, 2016 - "Request for Extensions and/or Piggybacks". S. Approve the minutes from the Regular City Commission meeting held on September 8, 2016 and Special City Commission meeting held on September 13, 2016. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the City of Boynton Beach piggyback of the City of Plantation Agreement (ITB No. 016- 16) with Allied Universal Corporation for the Supply and Delivery of Sodium Hypochlorite for an estimated annual expenditure of $325,000. The City of Plantation complied with government bid requirements equal to and/or exceeding the City of Boynton Beach requirements. B. Approve the City of Boynton Beach piggyback of the Palm Beach County Bid No. 16-043/ZG for Page 5 of 1471 the purchase of Sodium Chloride, Solar Salt Quality, with Morton Salt, Inc. Palm Beach County complied with public bid requirements equal to and/or exceeding the City of Boynton Beach requirements. The anticipated expenditure for the purchase of sodium chloride for a one-year period is $125,000. C. Approve utilizing the Florida State Contract 405-000-10-1 for the procurement of bulk diesel & gasoline for City fleet. D. Approve Change Order #2 to Purchase Order #160396 to Layne Heavy Civil, Inc in the amount of $303,641.00 for the Raw Water Main Segment C, Bid No. 049-2821-15/KTR, increasing the purchase order from $6,174,227.52 to $6,477,868.52 8. CODE COMPLIANCE & LEGAL SETTLEMENTS A. Consider the settlement offer of Vestors Acquisitions LLC Quiet Title Action. 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Approve Surprise Motors -Pioneer Auto Care (COUS 16-004) Conditional Use for automotive sales accessory to an automotive repair facility in the M-1 (Industrial) zoning district, located at 401 N. Railroad Avenue. Applicant: Michel Beaubrun, Beaubrun Investment, LLC. B. Approve Futures Automotive (COUS 16-005) Conditional Use for automotive sales in the PID (Planned Industrial Development) zoning district, located at 121 Commerce Road. Applicant: Jorge Rodriguez of 2 JEM LLC. C. PROPOSED ORDINANCE - NO. 16-019 - FIRST READING - Approve and adopt the consolidated and updated Boynton Beach Community Redevelopment Plan. (To be heard on October 4, 2016 to allow 10 days notice from the first reading as required by Statute) 10. CITY MANAGER'S REPORT A. Review and provide comments on the draft Request for Qualifications (RFQ) for the Town Square Redevelopment Public -Private Partnership (P3) prior to publication. 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R16-128 - Approve and ratify the reopened and amended Articles: Group Insurance and Wages of the Collective Bargaining Agreement between the Boynton Beach Fire Fighters and Paramedics, IAFF, Local 1891 and the City of Boynton Beach. B. PROPOSED RESOLUTION NO. R16-129 - Approve the Interlocal Agreement with the Town of Briny Breezes for the provisions of law enforcement services for the term October 1, 2016 through September 30, 2019. C. PROPOSED RESOLUTION NO. R16-130 - Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) to provide financial support to the Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc.) in association with their application for the 4% tax credit for Low Income Housing Tax Credits along with a State Apartment Incentive Loan (SAIL) for the proposed development known as Ocean Breeze East and sign any related application documents to confirm such support. D. Approve the release of land parcels owned by the CRA as outlined in the Purchase and Development agreement with Ocean Breeze Housing Partners, LP (NuRock Development Partners, Page 6 of 1471 Inc.) approved at the CRA Board meeting on September 13, 2016. E. Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to the Youth Enrichment Association for Academics & Athletics - East Boynton Wildcats F. Approve the request of Commissioner Romelus to distribute $500 to the Caridad Center. G. Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to the Marie Louise Community Foundation, Inc. for the October 1, 2016 Breast Cancer Awareness Walk and Health Fair. H. Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to Growing Strong Ministries, Inc. for their Thanksgiving food drive. Approve the request of Commissioner Katz to distribute $1,000 of his Community Support Funds to the Boynton Beach High School for the Homeless Teen Inside Out Project Exhibition. Approve the request of Commissioner Katz to distribute $1,000 of his Community Support Funds to Abbey's Angels. K. Approve the request of Commissioner Casello to distribute $1,000 of his Community Support Funds to the GBDC Entrepreneurship Institute. L. Approve the request of Commissioner Casello to distribute $1,000 of his Community Support Funds to the East Boynton Wildcats for travel and lodging for the annual cheerleading competition. M. Approve the request of Mayor Grant to distribute $750 of his Community Support Funds to the GBDC Entrepreneurship Institute. 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD -None 14. LEGAL A. PROPOSED ORDINANCE NO. 16-020 - FIRST READING - Amending Chapter 18, Article IV of the Boynton Beach Code of Ordinances entitled Pension for Firefighters. (To be heard on October 4, 2016 to allow 10 days notice from the first reading as required by Statute) 15. FUTURE AGENDA ITEMS A. City Commission to review Legislative Priority List for upcoming Legislative Session - November, 2016 B. Monthly Departmental Presentations: Development - October 2016 Fire - October 2016 Human Resources - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 C. PROPOSED ORDINANCE NO. 16-018 - SECOND READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State -Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. (TBD upon return with State approval) D. City Commission at the July 19, 2016 meeting requested that legal review the outstanding legal issues that involve the District and update the City Commission - TBD E. Upon successful negotiations, the Commission will ratify the SEIU and PBA union contracts -TBD 16. ADJOURNMENT Page 7 of 1471 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, ORACTWITY 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. ADD1T1ONALAGENDAITEMS 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 1471 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant I nvocation: Pledge of Allegiance to the Flag led by Commissioner Casello ROLL CALL Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: REVIEWERS: 1.A. OPENING ITEMS 9/20/2016 Page 9 of 1471 Department Reviewer Action Date City Clerk Fele, Judith Approved /131201 - 5:23 PPA Page 10 of 1471 2.A. OTHER 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Conduct Second Public Budget Hearing for FY 2016/2017 Proposed Annual Operating Budget. PROPOSED RESOLUTION NO. R16-115 - Adopt the Final millage rate for the General Fund for Fiscal Year 2016-2017. PROPOSED RESOLUTION NO. R16-116 - Adopt the Final Budget for the General Fund and all other funds for Fiscal Year 2016-2017. EXPLANATION OF REQUEST: This is the second and final Budget Public Hearing for FINAL adoption of the millage rate and operating budget for FY 2016-2017. As a result of the Budget Workshops that were held on July 18th and 19th, 2016 the City Commission approved a proposed millage rate of 7.9000 mills. At the first budget public hearing on September 8, 2016 the Commission adopted a proposed millage rate for the General Fund and adopted a tentative budget for the General Fund and all other funds for the Fiscal Year 2016-2017. The following changes have been incorporated into the proposed budget as a result of the budget workshops and budget public hearing: 1) Adjustments to Various General Fund Revenue: • Increase in Property Taxes $ 74,215 • ILA -CRA Community Standards $134,000 • Increase ILA -CRA Policing $ 63,000 2) Adjustment to Fund Balance Appropriation for General Fund: • Increase $580,513 from City Mgr proposed amount of $426,213 to a needed fund balance appropriation of $1,006,726. 3) Reduce following departments: • Police (Div 2110)-TFR person to Traffic Fund ($42,266) • Fire-AFG grant match ($ 62,256) 4) Increase the following • Transfer to Golf Course $300,000 • Recreation -Expand open pool hrs-staff $ 11,000 • Fire -6 Firefighters 4/1/17-9/30/17 $210,000 5) Adjustments relating to Employee Health Clinic Agreement: • Decrease Police(Div2110)-physicals ($90,000) • Decrease Fire(Div2210)-physicals ($65,000) • Increase Transfer to Risk(Fund 522) -Clinic $326,850 Page 11 of 1471 6) Adjustments related to Community Standards: • Decrease Police (Div 2111) -Personnel ($996,330) • Decrease Fire (Div2210)-Personnel ($849,724) • Decrease Development (Div 2410) -Personnel ($57,229) • Community Standards Department (Div 2211) $2,166,683 The proposed FY 16/17 General Fund Budget is $79,401,314 compared to the adopted FY 15/16 General Fund Budget of $76,518,564, an increase of $2,882,750 or 3.77%. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The annual budget provides appropriations to provide City services. FISCAL IMPACT: Budgeted Adoption of the millage rate and budget allows for appropriations to provide City services. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Resolution Resolution REVIEWERS: Department Finance Legal Finance City Manager Description Page 12 of 1471 Reso - Final iVillage Reso - Final Budget FY16-17 Reviewer Action Date Howard, Tim Approved 9/13/2016 - 8:50 AKA Swanson, Lynn Approved 9/14/2016 - 8:33 AKA Howard, Tim Approved 9/14/2016- 11:18 AKA LaVerriere, Lori Approved 9/15/2016 - 4:50 PiV Page 12 of 1471 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING A FINAL MILLAGE RATE OF 7.9000 MILLS FOR THE CITY'S GENERAL FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017; PROVIDING THAT THE FINAL MILLAGE RATE OF 7.9000 MILLS IS 7.02% ABOVE THE ROLLED -BACK RATE OF 7.3816 MILLS; PROVIDING FOR SEVERABILITY, CONFLICTS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a final budget has been reviewed and considered by the City of Boynton Beach, Florida for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the administrative staff of the City has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has given notice of and conducted the public hearings required by law and has considered the recommendations of staff and the comments of the public, the suggested budget, and the proposed millage necessary to be levied to carry on the government of the City for the ensuing year; WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as outlined in Florida Statutes Section 200.065. 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 28 hereof. 29 30 31 Section 2. The City Commission of the City of Boynton Beach, Florida hereby adopts the final millage rate of 7.9000 for the General Fund. The final millage rate is 7.02% above the computed rolled -back rate of 7.3816. Page 13 of 1471 32 Section 3. 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 or 34 invalid part shall be considered as eliminated and shall in no way affect the validity of the 35 other provisions of this Resolution. 36 Section 4. All resolutions or parts of resolutions in conflict herewith are hereby 37 repealed to the extent of such conflict. 38 Section 5. This Resolution shall become effective immediately upon passage. 39 PASSED AND ADOPTED this day of , 2016. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 44 45 46 47 48 49 50 51 52 53 54 ATTEST: 55 56 57 Judith A. Pyle, CMC 58 Interim 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 Page 14 of 1471 I RESOLUTION R16- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ADOPTING A FINAL BUDGET FOR THE 5 FISCAL YEAR BEGINNING OCTOBER 1, 2016, AND 6 ENDING SEPTEMBER 30, 2017; PROVIDING FOR 7 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE 8 DATE. 9 10 WHEREAS, a final budget has been prepared by the City Manager estimating 11 expenditures, transfers, and revenues of the City of Boynton Beach for the ensuing year, 12 with detailed information, including revenues to be derived from sources other than the ad 13 valorem tax levy, and she has made recommendations as to the amount necessary to be 14 appropriated for the ensuing year; and 15 WHEREAS, the City Commission of the City of Boynton Beach has conducted a 16 public hearing in accordance with s. 200.065 Florida Statutes on the City's final budget and 17 the final millage rate. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. That the final budget of the City of Boynton Beach, Florida, for the fiscal 24 year beginning October 1, 2016 and ending September 30, 2017, a copy of which is attached 25 hereto, is hereby adopted and the appropriations set out therein are hereby made to maintain 26 and carry on the government of the City of Boynton Beach, Florida. 27 Section 3. There is hereby appropriated the sum of $79,401,314 to the 28 General Fund for the payment of operating expenditures, transfers to other funds, and 29 necessary capital outlays for the City Government pursuant to the terms of the above budget. 30 Section 4. That there is hereby appropriated the sum of $272,281 to the Traffic 31 Safety Special Revenue Fund for the payment of operating expenditures, transfers to other 32 funds, and necessary capital outlays. 33 Section 5. That there is hereby appropriated the sum of $1,200,000 to the 1 Page 15 of 1471 34 Local Option Gas Tax Special Revenue Fund for the payment of operating expenditures, 35 transfers to other funds, and necessary capital outlays. 36 Section 6. That there is hereby appropriated the sum of $234,254 to the 37 Community Improvements Special Revenue Fund for the payment of operating 38 expenditures, transfers to other funds, and necessary capital outlays. 39 Section 7. That there is hereby appropriated the sum of $250,459 to the Public 40 Arts Special Revenue Fund for the payment of operating expenditures, transfers to other 41 funds, and necessary capital outlays. 42 Section 8. That there is hereby appropriated the sum of $863,591 to the 43 Recreation Program Special Revenue Fund for the payment of operating expenditures, 44 transfers to other funds, and necessary capital outlays. 45 Section 9. That there is hereby appropriated the sum of $9,401,000 to the Public 46 Service Tax Debt Service Fund for the payment of operating expenditures, transfers to 47 other funds, and the principal and interest due on the public service tax bonds of the City not 48 subject to statutory exemptions and for redeeming such bonds as they mature. 49 Section 10. That there is hereby appropriated the sum of $1,948,388 50 to the General Capital Improvement Capital Projects Fund for the payment of transfers 51 to other funds and capital outlays pursuant to the terms of the above budget. 52 Section 11. That there is hereby appropriated the sum of $209,020 to the Parks & 53 Recreation Facilities Trust Fund for the payment of transfers to other funds and capital 54 outlays pursuant to the terms of the above budget. 55 Section 12. That there is hereby appropriated the sum of $42,245,296 to the 56 Water and Sewer Utility Enterprise Fund for operating expenditures, debt service, 57 transfers to other funds, and necessary capital outlay. 58 Section 13. That there is hereby appropriated the sum of $16,822,000 to the 59 Water and Sewer Utility Capital Improvement Enterprise Fund for the payment of 60 capital outlays pursuant to the terms of the above budget. 61 62 2 Page 16 of 1471 63 Section 14. That there is hereby appropriated the sum of $2,043,792 to the Golf 64 Course Enterprise Fund for operating expenditures, transfer to other funds, and necessary 65 capital outlays. 66 Section 15. That there is hereby appropriated the sum of $11,367,066 to the Solid 67 Waste Enterprise Fund for the payment of operating expenditures, transfers to other funds 68 and necessary capital outlays. 69 Section 16. That there is hereby appropriated the sum of $5,727,258 to the 70 Fleet Maintenance Internal Service Fund for the payment of operating expenditures, 71 transfers to other funds, and necessary capital outlays. 72 Section 17. That there is hereby appropriated the sum of $305,208 to the 73 Warehouse Internal Service Fund for the payment of operating expenditures, transfers to 74 other funds, and necessary capital outlays. 75 Section 18. That there is hereby appropriated the sum of $5,071,095 to the Self - 76 Insurance Internal Service Fund for the payment of operating expenditures, transfers to 77 other funds, and necessary capital outlays. 78 Section 19. That there is hereby appropriated the sum of $350,218 to the 79 Cemetery Special Revenue Fund for the payment of operating expenditures, transfers to 80 other funds, and necessary capital outlays. 81 Section 20. All delinquent taxes collected during the ensuing fiscal year as 82 proceeds from levies of operation millages of prior years are hereby specifically 83 appropriated for the use of the General Fund. 84 Section 21. If any clause, section or other part of this Resolution shall be held by 85 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 86 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 87 remaining portions of this Resolution 88 Section 22. All Resolutions or parts of Resolutions in conflict herewith are hereby 89 repealed to the extent of such conflict. 90 Section 23. This Resolution shall become effective immediately upon passage. 91 92 3 Page 17 of 1471 93 PASSED AND ADOPTED this day of , 2016. 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 ATTEST: Judith A. Pyle, CMC Interim 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 4 VOTE YES NO Page 18 of 1471 2.B. OTHER 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-117 - Ratification by City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2016-2017. EXPLANATION OF REQUEST: The Community Redevelopment Agency is a Special District created by the City Commission. Florida Statute requires that the budget of special districts be contained with in the general budget of the local governing authority and clearly stated as a budget of the dependent district. The Community Redevelopment Agency approved their FY 2016-2017 budget at its September 13, 2016 meeting. The attached resolution completes the annual process of accepting and approving the CRA budget. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. None ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Resolution Attachment REVIEWERS: Description Resolution Ratifying the CRA Budget CRA FY 16-17 Budget Page 19 of 1471 Department Reviewer Action Finance Howard, Tim Approved Legal Swanson, Lynn Approved Finance Howard, Tim Approved City Manager LaVerriere, Lori Approved Date 9/14/2016 - 12:10 PPA 9/14/2016 - 3:52 PPA 9/14/2016 - 4:32 PPA UMNYBDIMINNEMM Page 20 of 1471 I 2 RESOLUTION R16- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA RATIFYING THE 2016-2017 ANNUAL BUDGET 6 FOR THE BOYNTON BEACH COMMUNITY 7 REDEVELOPMENT AGENCY AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the Boynton Beach Community Redevelopment Agency was created 11 by Ordinance of the City Commission pursuant to Chapter 163, Florida Statutes. The 12 Redevelopment Agency has been designated a Florida Special District; and 13 WHEREAS, Florida Statutes 189.016 provides that the proposed budget of a 14 dependent special district, with the concurrence of the local governing authority, may be 15 budgeted separately; and 16 WHEREAS, a local governing authority may, in its discretion, review the budget or 17 tax levy of any special district located solely within its boundaries; and 18 WHEREAS, a final budget of the Boynton Beach Community Redevelopment 19 Agency has been reviewed and considered by the City Commission for the ensuing year, 20 with detailed information, and the administrative staff of the City has made 21 recommendations as to the amount necessary to be appropriated for the ensuing year. 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 of the City of Boynton Beach, Florida hereby Page 21 of 1471 I ratifies the adoption of the Boynton Beach Community Redevelopment Agency's 2016-2017 2 Annual Budget. 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this day of , 2016. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 YES NO 9 10 Mayor — Steven B. Grant 11 12 Vice Mayor — Mack McCray 13 14 Commissioner — Justin Katz 15 16 Commissioner — Christina L. Romelus 17 18 Commissioner — Joe Casello 19 20 21 VOTE 22 23 ATTEST: 24 25 26 27 Judith A. Pyle, CMC 28 Interim City Clerk 29 30 31 32 (Corporate Seal) 33 34 Page 22 of 1471 RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ADOPTING A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2016 TO SEPTEMBER 30,2017, AND PROVIDING AN EFFECTIVE DATE. [ k' 1 , The Budget attached hereto as Exhibit "A" for financial operations of th-. Boynton Beach Community Redevelopment Agency for the period from October 1, 2016 through September 30, 2017 is hereby adopted. 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 13th day of September, 2016. J. Casello S. Grant J. Katz M. McCray C. Romelus 00551570-1 Page 23 of 1471 0019YA 0 i i 0 0 11 11 - Page 24 of 1471 a 64 1 1�2 FL am Page 25 of 1471 i 1 1�2 FL am Page 25 of 1471 V., Page 26 of 1471 ,y Page 27 of 1471 I Page 28 of 1471 'D c cu 4- 0 0 0 CL a) 0 0 0 "0 0 0 rL ca a) C L m —m CL m 0 (D CU n cu 0 U) E r- CU E _0 (D Co CD ca 0 0 ry CII 0 -D cz #0 0 E '0 0 CL a) CD 0 n,2 E E w 0 L-= C) • 0 CL 0 (D E CL ca #., 2 L-- w 0 C) — > 0 w CD is ( D 0 4 L> CL 0 E 0 w a 0 6% C 0 d CL 6S (D cn 0 C :3 CL CV) 0 -D 0 w 0 co :3 -0 Mn r- > c C\l clq • 2 S? CD 0 _0 CD 70 CO a) L- 0 cc L. CD C) N 60 E a) L- cq Q. CL (D CO a U- 0 to L CU LO m • .> CD :3 p- .— -0 0 CO uj 0) -j -le 5; CL 0 2 CD 0 r ---CL ti. L- 0 C) 0 C: a) 00 0 ca U!> -0 -6 '0 a) a CL M ca 0 2 c.) A 0 CL r 0 :3 < mu a -Iz CD CO 0 9 (D — co CL >, a) " OL m cu 0 '0 E w co C k c E -- L L2 00 LL 4- C, 4- UJ 0 0 -0 ca -0 0 75 0 IR I;_ 0 L#.- 0 E 2 cD E x 2 0- :3 40 a) 0. 0 U- ca co 5 cu • 0 0 CL C • C14 OZ 5 CD Z L- •(D U- w co 0) 0 0 E 0 L- mL C O 0 5 0 CL (m > U) > m cm CL :3 Q- vo m C: (D CL Q) 0 o CL _ (D 0 (n 4- EL m 6F> E 0 0) C: 0) N r.r ■ :3 m X - (D M r- a) 0 a 0 0 0 0 > 0 > C a) A > . = C: CL C13 j; X ca :3 c 4- 0 0 4- 0 4- ce) -- CF) >, 0 (D L - M 0 4-9 0 L- a 2 c c -P- ca ( D CL (D m JO - :3 CD 0 ) E IL m 0 LL > 0 0 cz (D .0 M 0 .0 b a 9 0 03 0 C) a) m Z 0 CL M C\l E Page 28 of 1471 M. AM w a An A i Ai 1 f i• it � • !. ! - MF' r A: :# a AE ! ! `. If � Aa a„ ! f t A A � •s * !' • t 1 CL ai A ! CL a 0 A! i # M fi f „i M. AM w m w Page 29 of 1471 i i• it � • Aa •s t � m w Page 29 of 1471 I A w, Page 30 of 1 471 9 P. OR4 Page 31 of 1471 • •r 26 I Ln Ln a • E Cd �? i CD • CS T, T, 40 'S Bad 40 u 24 T, R co CL rR 0-0 R CLT; , C CL m 21:2- # Page 31 of 1471 • •r 26 I Ln Ln a • E Cd �? i CD • CS T, T, 40 'S Bad 40 u 24 T, R co CL rR 0-0 R CLT; , C CL m 21:2- Page 31 of 1471 Page 32 of 1471 T- Ul) to nw ti N ca0 CL A CD LO w Ln m to co o 0 M CL CL +® ® 92 0 CLIL cq to M Page 32 of 1471 ► Page 33 0 1471 O Q Q Q T— r/ V O 9r { i is is R' R 1 is R. # i h #i #' Y R • O Q Q Q T— E I w., e Page 34 of 1471 r/ V O 9r E I w., e Page 34 of 1471 'd, 9 1 :7 9 U OQ oond o o o In ` `O M N i T n N 0 CD h. W i4 M T 0 T' V 14 NN T- C4 T u c 0 CDT' N 0 U. 3 LL t IL IL r 9 1 :7 9 U OQ oond o o o In ` `O M N i T n N 0 CD h. W i4 M T 0 T' V 14 NN T- C4 T u c 0 CDT' N 0 U. 3 LL t IL IL Cd H C b V � E CL i W c v ca •` • CL C> _O.S U; ` V C v tn • w • H CL 0 Page 35 of 1471 I 7.9 00 CD C) (6 ca (D ca C) C-1) 0-01 ce) CD 0) > 00 0 CV) - - - - - - - - - - - - - - - - - - - -re 4- 0 P- m C) T- b U) 00 (a U) m LL c > LO W) 04 CO co CN (D a) -a cn c: cn cu co ca CJ "D co CN CU cn E (D > 0 > 0) ca ca ca T— C) 00 CD C) (6 ca (D ca C) C-1) 0-01 ce) CD 0) > 00 0 CV) C) N 4- 0 P- m C) T- b U) 00 (a U) m LL c > LO W) 04 CO co CN (D a) -a cn c: cn cu co ca CJ "D co CN CU cn E (D > 0 > 0) ca ca ca T— C) Page 36 of 1471 BOYNTON BEACH CRA SUMMARY ASSESSED PROPERTY VALUES & T, i`, INCREMENT REV' N (a) CRA expansion Page 37 of 1471 CRA Assessed Tax Increment Property % Change Revenue %Change FY 1989-1990 $ 39,466,737183,535 FY 1990-1991(a) $ 74,997,745 90.0% $ 199,603 8.8% FY 1991-1992 $ 77,257,229 3.0% $ 204,449 2.4% FY 1992-1993 $ 73,396,553 -5.0% $ 158,859 -22.3% FY 1993-1994 $ 70,614,592 -3.8% $ 126,535 -20.3% FY 1994-1995 $ 71,929,663 1.9% $ 141,167 11.6% FY 1995-1996 $ 73,498,930 2.2% $ 158,398 12.2% FY 1996-1997 $ 74,712,938 1.7% $ 172,660 9.0% FY 1997-1998 $ 75,719,530 1.3% $ 189,808 9.9% FY 1998-1999 $ 78,410,383 3.6% $ 219,894 15.9% FY 1999-2000 $ 81,928,346 4.5% $ 261,389 18.9% FY 2000-2001(a) $ 317,835,353 287.9% $ 305,840 17.0% FY 2001-2002 372,405,731 17.2% $ 945,685 209.2% FY 2002-2003 407,644,247 9.5% $ 1,330,409 40.7% FY 2003-2004 $ 511,268,089 25.4% $ 2,500,726 88.0% FY 2004-2005 $ 631,521,600 23.5% $ 3,871,616 54.8% FY 2005-2006 $ 827,149,288 31.0% $ 6,076,347 56.9% FY 2006-2007 $ 1,132,404,172 36.9% $ 9,086,624 49.5% FY 2007-2008 $ 1,270,885,424 12.2% $ 9,520,342 4.8% FY 2008-2009 1,131,010,840 -11.0% $ 8,159,941 -14.3% FY 2009-2010(a) $ 950,585,514 -16.0% $ 6,760,870 -17.1% FY 2010-2011 $ 825,305,342 -13.2% $ 5,637,827 -16.6% FY 2011-2012 $ 815,476,900 -1.2% $ 5,752,745 2.0% FY 2012-2013 $ 787,123,743 -3.5% $ 5,614,228 -2.4% FY 2013-2014 $ 892,694,842 13.4% $ 7,022,119 25.1% FY 2014-2015 $ 1,000,248,846 12.0% $ 8,317,867 18.5% FY 2015-2016 $ 1,105,502,452 10.5% $ 9,585,902 15.2% FY 2016-2017 1, % $ 10,363,156 8.1% (a) CRA expansion Page 37 of 1471 BOYNTON }moi Erl#} C , 1 CRA r, A TAX INCREMENT REVl.. ' ei, iE(71R") E}TI, { ;`IA1 ,i FY 2016-2017 zs ., rAl I 1.ASSESSED VALUATIONS 2015-2016 1 =-D VALUES Is 1,105,502,IL2j Actual Certified 612812016 ;} { Assessed Values $ 1,105,502,452 Less Base Year Value $ 309,821,849 309,821,849 FloridaTIR Taxable Value $ 795,680,603 886,800,848 95% of Difference Statutes RedevelopmentChapter 163.387(l)(a) in city County ax Increment Revenue city $ 5,971,583- 3,614,319 v M. Mill 1 7.9000 4.7815 % Of Total TI % 4,028,226 38% 9,585,902 10,683,666 ® ,1 b r, yi„ $ 777,254 ®1% Priorversus Year NIA 0% $ 683,857 11% $ 413,907 11% $ 1,097,764 11% NIA 777,254 8% (a) The Property Appraiser issued a revision on 6128116 for CRA Total Taxable Value of $1,200,179,907. However, the City has budgeted tax increment revenue payments based on the 5/27/2016 taxable values. There will be another revision in October, 2016 and a final certified tax value mid -2017. Therefore, the CRA°s tax increment revenue will be based on the first Tax Roll notice on 5/27/2016 with a 3% deduction for the final Property Appraiser certified tax roll adjustments necessary in mid -2017. Page 38 of 1471 B Qtr i `n + BEACH t C R Funding Available for Projects - FY 2016-2017 UT 7 X7Marina Less: Insurance Reserve Net • Balance Allocation 1. Revenue from of ! E. Ocean Avenue Sub-Total2. Committed Fund Balance Allocation 7 668,607 12,031,763 [Tatal II Revenue/Financing Sources for FY 16-17 $ 12,847,749 i Less Obligated & Estimated Expenses {AII Funds}: ':+ 500,000 [Tatal II Revenue/Financing Sources for FY 16-17 $ 12,847,749 i Less Obligated & Estimated Expenses {AII Funds}: Debt e ice Fund O $ 2,140,220 6,393,700 General Fun - Operating Expenses $ 2,278,842 General Fun - Marina Expenses $ 1,000,000 (NOTE: 500 OceanI I once project completed and on tax rolls) • Casa os $ 545,000 (Year 7 of 10) • Wal-Mart $ 60,000 (Year 5 of 10) • ourn Cove - Phase 1 $ 415,000 (Year 4 of 10) • Seabourn Cove - Phase 2 $ 100,000 (Year 3 of 10) Preserve - Cornerstone $ 100,000 (Year 2 of 10) 51111111:1111111!11 111111111111111''1111111111 .I . e Now Project Revenue from All Sources $ 6,128,687 Self-Funded1. 1 CommittedWill remain in General Fund Fund Balance 2. Unassigned General Fund - Fund Balance--+ $ 668,607 Will be recorded transferred Project 835,75-9— Property Acquisitions PurchaseMarina Housing Economic Development Total El Page 39 of 1471 11,485,686 39% 6,393,700 1,389,493 Page 39 of 1471 BOYNTON-SEACE CRA Project Fund Revenue & Potential Projects FY 2016-2017 ProjectsRevenue for Fund t Orderi an existing Purchase (AsofB/22116) A Source: Incode and Budget Tracking Worksheets k ITTIZO III M71, I Property Acquisit! ons (b) iMarina Open *,Construction, -• s Renovation I! ;SKe Work & Demolition i 100,000 1Town Square Project iModel Block wffl�� Marketing Programs >n ,W w Special Events -• s `.usiness Incuiia o. Project i b'# „ t '.� . 8 at Total $ 1,300,000 Total Project 1,, in ,a .i • • -• $50,000 r• • budget - In FY15.16. Rollover Reallocationsfrom 2015-2016 Rollover Allocated t Acquisition Entry Signage - North & South Federal Highway $ 18,786 Parking ► aNE 4th -i Total $13 6.1 Includesk1 rent expense.- 02-58100-207, 111 budgeted in 02-58500-460. Page 40 of 1471 Bh ,;Y VN BEACH CRA ,, rltFrti �1 �� t3 6 ' ,ii,. t {2 0 17 SPECIAL h!, CAS L EVENTS BUDGET KINETIC ART CRA portion of expenses, Citybudgetin $20,000 $20,000° SPECIAL , PROGRAM rGTAL T OF EVENTS 20,000 Page 41 of 1471 „. IR„ N' , Ar CRA '- A FY 2016-2017 ■ Marketing Budget (Project Fun 02-58400-4451 Page 42 of 1471 Design & Develop a custom brochure and 2 promotional rack c Promotional Collateral for Brokers and grants 10 Social promotions for the Marina, Merchants and Economic Development Website r ahtff .. .e. Boynton Make Over P_ Pineapple Newspaper W - --------------------------------------------------------------- May Guide manketing Campaigns wiffi —660t6 action programs Custom program blast monthly promotions and marketing blasts AnnualReport .....,,, Promotional Video Tourism ,,,,,, , ,,,,,,,,, .... ,.... ... ,. Boynton Forum tagline Promotional Collateral R #,l INS 7x a ;” iLl Postcard Postcard campaign "Meet Your Neighbors" Campaign Neighborhood News -Ho- , .- r !' in all e local Hotels �.ad' in P rofileAd in Profile magazine Dow ,` own-anners � +s „ Event & Trade . , Merchant, z ,,elopment marketing t.. Broker events o , ' , ,. "E'v, s, ' t R ^ i s Discover the Palm Beaches book Visitors guide book Project #.!, Special Event Marketing ws= Page 42 of 1471 The Boynton Beach Haunted Pirate Saturday & Sunday October 22 & 23, 2016 Mennald Splash MOVIESFriday, October 7, 2616 & November 4, 2016 s PARK N; 2017 o February2017 2017 AprilA Page 43 of 1471 Page 44 of 1471 Page 45 0 1471 In k � § J 2 ? � § i � 2 CL CL § \ \ H § « $ V k § C SA § 0 E 2 » e � . 0 ° ` U % 2 , » § , k IL $IJL> k LL. w R Page 45 0 1471 J O)0 r M CV) N 117P, d' O br 0 L Ihr T (37 Cl) T 6n Qi Qh N Qr�TQcq LO vii In r C r- Q (D (D C7 Q N d' 4i ®N OD r r O (A ®e h- Ni ofi r N N ~ ZUJ co M 6(7 119 1- O eP °� b T Y O Q h- Q 00 Q ® b M h- 0) P. Lll� T04NO6(7 (DN OLn O OIt LL WOOLON r0 Pd P+ mM LLI N N N r T r m r Lu yz W Lu LL II --N T O il QS CD � 1 c I I LU W Lc) N N N T T r r r r w®T r te 60 Efl 69 69 69 (A 4944 (fl 64 ('� to O ® b 1 1 1 1 1 1 M M VB, tel vlr. 40 LL 60 Q 687 P Pd N CO Q CO O r i• W CO IO V Q Nt C O O w 10 6C! r N C} r r r r QY LU e. E9 EH 69 (A Ef? V) 69 69S9 G% Ff# 0% 1601I - Q Ci C7 O ct' 6b r eF b Yi Q 687 r LU 4 ® N N (D cq w w r in - r r ti N r LL co co co co C C CV C r NCP (do M69 Q% (9 (F} to Efl (fl (fJ EH (f3 (Fi 1# 4a y- P� 117 Q 06 P� O O O Q O 03 r MI-C7NeY Q68) OO O O 0 a (GNON117 to V: c! C O lI c PL I'7o J r® Q M Q Q Ph- N Q M 687 Q �I' M N h M r r O r C" Pm LL (TA r (4 r (R (a 69 Q'I (A 6% 69 GO.J. f9 to I0 6% Y O N s+ i CL di @ a7 t2 C C C + N ® ` r O m q�j 9w O Q l7 U�yf 0- w (n N ®° = N L) uy� +z C m v W T 617 d fl C U C m C to C C 0 O ®® _ 0FL 9 iD 15 0} w Z d _ ❑y my CL c cx W C39 Q r ��± 'E m 0 ' O Ic Ocz € C �° `¢niiu_❑2❑(A2OC7 CO 0 @ m mrd ICL w Q w LU I-6Oti Lf) bas m6O to r s1GQQb O T LL®® CO r C4 N r N N O to c Q CO r � N O o O r r 2 _ Q �pp Q W b ZS O O UZ OC 0O z m 1 49 F F . mou C mC= == l® �® E m 63 L 0 Y m U T V Li `3 m 0 CO - Q T N N O 6C! w ® N N NN N T ~ (t7 69 to 69 H9 (f3 °�T117IY7Nr OOtS7OOOQ r (f7 6C] 687 r (77 O ��in OI®IOIM�M 9A PIP] rIA VIA M, ti r 6I9 Q r QJ r bP+C7N`� ID N O N 6(7 rorru7N } r b O I•- Iii LL €63 4r. 4^ EF rA 10; 1; 4; 1 0 Ln LO r- LO v011lu7lICI O 09 N N m 0 (O 687 687 N `:] L] G] E3 C:. IOI®IInIco tl7 6q) N 4D rM N i] I p.2VII l] Inp, Y U m 0-8 L IL E m tE2 o eq Page 46 of 1471 Boynton General Fund - Budget Summary E]t NSES Original Amended 2016-2017 Increasel(Decrease) 1:1141FA401114;711111 Budget $ Budget $ 29,300 _j!udpt 29,650 $ 2,55 9% IA@MzM7.z-j=-_. 11 1111 #1 ##it 11# 1��! 111 1lIM 1! 1Mli •', Executive Department 366,790 $ 366,790 E]t NSES CRA Board 7,100 $ 27,100 $ 29,300 $ 29,650 $ 2,55 9% Administration Executive Department 366,790 $ 366,790 370,135 $ 455,423 88,633 24% Finance Department 274,425 $ 274,425 270,329 $ 282,678 8,253 3% Planning Department $ 160,470 160,470 158,730 $ 163,668 3,198 2% Marketing Business Development $ 139,152 139,152 $ 137,784 141,432 2, 2% Special Events Department 101,481 101,481 102,421 $ 104,696 3,215 3% Sub -Total $ 1,042,3181,042,3181,039,397 1,147,897 105,57910% NOTE: Administrative Costs As a % of General Fund 10% (a) Source: Audit ending 9/30115 - General Fund, Unassigned Fund Balance; less $167,152 for insurance reserve. Total audited unassigned = $835,759. Page 48 of 1471 + - * v - ! lil • IIJ 1 41# 111 � 1111. �+� + 11 111 11 111 i #11 1111 111 111 11 111 '' NOTE: Administrative Costs As a % of General Fund 10% (a) Source: Audit ending 9/30115 - General Fund, Unassigned Fund Balance; less $167,152 for insurance reserve. Total audited unassigned = $835,759. Page 48 of 1471 General Fund A BOARD ., ADVISORY BOARD 01- 51010 C 216 PUBLIC NOTICES 225 CONFERENCES, MEE71NGS 227 DELIVERY 310 OFFICE SUPPLIES 340 CELLULAR PHONES r r $! $ 7,500 6,500 6,500 10,750 $14,000 400 $ 4,00 r. k r $ 1,200 rrr err $12,000 rl CONTRACTUAL EXPENSES $ 7,500 $ 7,500 $ 7,500 $ 7,500 216 PUBLIC NOTICES $ 6,500 6,500 6,500 6,500 Board Meetings & Legal ilotices CONFERENCES, 225 WORKSHOPS r r 10,750 $14,000rr 1. A: -_ r r. 2. Florida ,: ,. rrr err $12,000 rr Workshops,3. Training, Development Board 4. FL League of Cities (shared with City) $ rrr 000 $ 2,000 $ 2,000 SERVICES227 DELIVERY r;, 400 r, 400 r OFFICE SUPPLIESr I, Change I erf( r Amount 0% $ - 0% $ 3,750 35% $ - 0% $ - 0% $ (1,200) -100% S% Page 49 of 1471 General and V I: 9r . . . . . . . . . . . . . =E�N�M'!7 1,440 $ 1® �111 $ 1,800 Vision 100 PERSONNEL SERVICES $ 3213,265 $328,265 $328,179 $ 409,75 $ 61,467 25% 115 AUTO ALLOWANCE $ 3,000 $ 3,000 $ 3,000 $ 31000 $ - 0% 225 CONFERENCES, MEETINGS $ 7,800 $ 7,800 $ 11,570 $ 17,141 12,400 $ 4,600 59% 226 MEMBERSHIP DUES $ 5,285 $ 5,285 $ 6,810 10,515 7,535 $ 2,250 43% 227 DELIVERY SERVICES $ 750 $ 750 $ 500 $ 500 $ (250) �33% 229 CAREER DEVELOPMENT $ 10,900 $ 10,900 $ '11,121 $ 12,500 $ 1,600 15% 310 OFFICE SUPPLIES $ 3,000 $ 3,000 $ 2,500 $ 2,500 $ (500) -17% 315 POSTAGE $ 2,500 $ 2,500 $ 2500 $ 2,500, $ - 0% 340 CELLULAR PHONES $ 2,160 $ 2,160 $ 2:100 $ Z88a'! $ 720 33% 355 SUBSCRIPTIONS $ 630 $ 630 S 605 $ 606 $ (25) -4-k 360 BOOKS & PUBLICATIONS $ 500 $ 500 $ 250 $ 810 25M, S (250) -50% 400 EQUIPMENT COSTS $ 2,000 $ 2,000 $ 1 A00 1,500 �!'OW $ (1,000) -50% Soo $ 500 Total $ 366,790 $366,790 I ME: $370,135 �455,423: $ 88,632 24% $ 1,000 $ 2,000 $ 2,250 i Realtors Commercial Alliance $ 360 $ 350 $ 350 $ 350 NAIOP Commercial Real Estate Association $ 625 $ 625 $ 625 $ 625 ;FT14RITTITITS lu it 4H 51 Int'l. Economic Development Council (IEDC) $ - $ - $ 405 $ 500 I: 310 OFFICE SUPPLIES $ 3,000 $ 3,000 $ 2,500 $ 2,500 315 Dental $ 1,440 $ 1® $ 1,350 $ 1,800 Vision $ ISO $ ISO $ 190 $ 240 2,100 Life & Long Term Disability $ IA" $ 1,444 $ 1,561 $ 1,886 $ Retirement Benefits (457(b) & 401(a) Plans) $ ",522 $ 44,522 $ 45,858 $ 52,"S 250 FICA Taxes $ 17,141 $ 17,141 $ 17,541 $ 21,224 3% Merit Pool + Incremental Taxes + Retirement $ 8,528 $ 8,528 $ - $ 10,515 115 AUTO ALLOWANCE $ 3,000 $ 3,000 $ 3,000 $ 3,000 225 CONFERENCESIMEETINGSfWORKSHOPS $ 7,800 $ 7,800 $ 11,570 $ 12AGO Regional - Local Meetings & Seminars $ 1,500 $ 1,500 $ 3,000 $ 2,500 National Conference $ 2,500 $ 2,500 $ 3,750 $ 4,000 State Conference $ 2,000 $ 2,000 $ 3,500 $ 3,500 Mileage $ I,SDO $ 1,800 $ 1,320 $ 2,400 226 MEMBERSffiP DUES $ 5,285 $ 5,285 $ 6,810 $ 7,535 Urban an to $ 600 $ 600 $ 600 $ 600 American Planning Association (APA) $ 810 $ 810 $ 810 $ 810 Florida Redevelopment Association (FRA) $ 1,000 $ 1,000 $ 1,120 $ 1,500 American Institute of Planners (AICP) $ Soo $ 500 $ 500 $ 500 Business Development Board (BDB) $ 1,000 $ 1,000 $ 2,000 $ 2,250 Realtors Commercial Alliance $ 360 $ 350 $ 350 $ 350 NAIOP Commercial Real Estate Association $ 625 $ 625 $ 625 $ 625 Int'l. Economic Development Council (IEDC) $ - $ - $ 405 $ 500 Chamber of Commerce $ 400 $ 400 $ 400 $ 400 227 DELIVERY SERVICES $ 750 $ 750 $ 500 $ Soo 229 CAREER DEVELOPMENT $ 10,900 $ 10,900 $ 11,121 $ 12,500 American Planning Assoc. Cont. Prof. Ed. $ 3,000 $ 3,000 $ 2,500 $ 3,000 Int'l. Economic Development Council (IEDC) $ $ - $ 3,320 $ 3,500 Florida Redevelopment Association (FRA) $ 6,100 $ 6,100 $ 3,501 $ 4,000 Florida Festivals & Events $ 1,800 $ 1,800 $ I,8GO $ 2,000 310 OFFICE SUPPLIES $ 3,000 $ 3,000 $ 2,500 $ 2,500 315 POSTAGE $ 2,500 $ 2,500 $ 2,500 340 CELLULAR PHONES S 2,160 $ 2,160 $ 2,100 $ Z88 355 SUBSCRIPTIONS $ 630 $ 630 $ 605 S 60 Florida Trend $ 250 $ 250 $ 250 $25 South Florida Business Journal $ 130 $ 130 $ 130 $ 1 Downtown Idea Exchange $ 250 $ 250 $ 225 $ 2 360 BOOKS & PUBLICATIONS $ 500 $ Soo $ 250 $ 2 400 EQUIPMENT COSTS $ 2,000 1 2,000 $ 1,000 $ 1,000 Notes: full time position only. Increases in conferences and career development re certifications for economic development. Membership dues increase for addition of International Economic Development Council and dues increases. Overtime for non-exempt employee added to budgetfor implementation of new U.S. Dept. of Labor law effective 1211/2016. Page 50 of 1471 General Fund FINANCEIE T T - 01-51325 FY 2015-2016 FY 2016-2017 Original ended r End Change Incr/(Deer) Y Budget et im oSL Budget 100 PERSONNEL SERVICES $ 248,615 $ %615 $249,169 $ 255,918 '; $ 7,30 3% 200 CONTRACTUAL EXPENSES $ 250 $ 250 $ 250 $ 250 $ - 0% 201 BANK FEES $ 1,000 $ 1,000 $ 2,000 $ 2,000 $ 1,000 100% 225 CONFERENCES, MEETINGS $ 10,500 $ 10,500 $ 4,950 $ 10,450 $ (50) 0% 226 MEMBERSHIPDUES $ 820 $ 820 $ 020 $ 820 ; $ 0% 227 DELIVERY SERVICES $ 500 $ 500 $ 500 $ 500 $ - 0% 229 CAREER DEVELOPMENT 51000 $ 51000 5 51000 $ 5,000 0% 310 OFFICE SUPPLIES $ 2,500 $ 2,500 $ 2,500 $ 21500 111 0% 0 CELLULAR PHONES $ 1, $ 1,440 $ 1,440 $ 1,440 0% 355 SUBSCRIPTIONS $ 1,300 $ 1,300 $ 1,200 $ 1,300 0% 360 BOOKSPUBLICATIONS $ 700 $ 700 $ 700 $ 700 0% 365 OFFICE PRINTINGCOSTS $ 300 $ 300 $ 300 $ 300 0% 0 EQUIPMENTCOSTS $ 11500 $ 11500 $ 1150 1,500 100% Total $ 274,425 $274,425 $270,329 2,678 $ 8,2 3% T L 100 PERSONNEL SERVICES $ 248,615 $248,615 $249,169 ,91 Salaries Finance Director 8,093 $ 98,093 $101,036 101,03 Finance Specialist $ 73,030 73,030 75,221 $ 75,221 Benefits Health 21,600 21,600 22,000 $ 22,000 Dental 960 960 $ 900 $ 900 Vision $ 120 120 120 $ 120 Life & Long Term Disability$ 1,0 $ 1,044 $ 1,157 $ 1,157 Retirement Benefits (457 & 401(a) Plans) $ 34, $ 34,225 $ 35,251 $ 35,251 FICA Taxes $ 13,176 $ 13,176 $ 13,484 $ 13,484 3% Merit Pool + Incremental Taxes + Retirement $ 6,367 $ 6,367 $ - $ 6,750 CONTRACTUAL EXPENSES -Florida Dept. of ® Economic Opportunity $ 250 $ 250 $ 250 $ 250 201 BANK FEES $ 1,000 $ 1,000 $ 2,000 $ 2,000 225 CONFERENCES, MEETINGS, WORKSHOPS $ 10,500 10,500 $ 4,960 10,450 Regional - Local Meetings & Seminars 1,000 1,000 $ 750 750 Mileage $ 900 $ 900 $ 700 700 Financial Systems Conference (ING ) $ 4,000 4,000 $ - 4,000 Florida Redevelopment Association (FRA) 3,600 $ 3,600 $ 1,500 $ 3,000 Budget a in 1,000 $ 1,000 2,000 $ 2,000 6 MEMBERSHIP 820 $ 8 $ 820 L Government Finance Officers Assoc. (FGF A) 300 $ 300 300 300 Government Finance Officers soc. ( A) $ 3 $ 320 320 320 Society r Human Resource Management $ 200 $ 200 200 $ 200 227 DELIVERY SERVICES $ 500 $ 500 $ 500 $ 500 229 CAREER E L T ,000 $ 5,000 $ 5,000 $ 5,000 Finance Certification Programs/Continuing E.) $ 5,000 $ 5,000 5,000 5,000- 310 OFFICE SUPPLIES $ 2,500 $ 2,500 $ 2,500 $ 2,500 340 CELLULAR PHONES $ 1, 0 $ 1, 0 $ 1,440 $ 1, 0 355 SUBSCRIPTIONS - Financial Reporting Agencies $ 1,300 $ 1,300 $ 1,200 $ 1,300 360 BOOKS & PUBLICATIONS $ 700 $ 700 $ 700 $ 700 365 OFFICE PRINTING COSTS -Check Stock/1099s $ 300 $ 300 $ 300 $ 300 400 EQUIPMENT COSTS $ 1,500 $ 1,500 $ 1,600 $ 1,500 Notes: Increases due to possible merit increases, incremental taxes and benefit cost increases, bank fees. Page 51 of 1471 General Fund E�-LA�NNING DEPARTMENT - $ 141,050 FY 2015--2016 T 17' 145,308 Salaries Assistant Director $ 98,325 $ Original Amended Year End 101,275 Benefits Changelacri( ecr) 10,80010,80010,80011,000 SUMMARY Budget Budget Estimate Budget Amount % 100 PERSONNEL SERVICES$141,050 $ 1 1, $141,170 450 145,308 $ 4,258 00 225 CONFERENCES, MEETINGS $ 4,8204,320 60 $ 4,82.0 art - 0% 226 MEMBERSHIP,1 $ 2,100 $ 1,900 $ 2,100 - 0% 7 DELIVERY 3 FICA Taxes 300 $ 300 $ $ 0% 229 CAREER DEVELOPMENT $ 4,300 $ 4,300 $ 4,200 $ 4,300 $ - 0% 310 OFFICEI 1,500 $ 1,500 $ 1,500 $ 1,500 - 0% CELLULAR340 900 $ 900 $ 900 $ 900 0w� 0% 355 SUBSCRIPTIONS 1,700 $ 1,700 $ 2, $ 2,640 $ 940 100% 360 BOOKS & PUBLICATIONS300 $ $ 300 $ 300 $ 300_ $ - 0% 365 OFFICEPRINTING T 3,500 $ 3,500 $ 1,500 $ 1, 1,500 (2,000) -57% Total 160,470 1, 7 $158,730 CELLULARN 1, 0_.- 900 3,1 % UEi lL 100 PERSONNEL SERVICES $ 141,050 $141,050$141,170 a4,820 145,308 Salaries Assistant Director $ 98,325 $ 98,325$101,275 Regional + w: .. 101,275 Benefits 10,80010,80010,80011,000 010 411; MileageIt Dental $ 1,320 $ 4 $ 1,320 450 Vision 00 $ 60 Life & Long Term Disability2 $ art $ 2,100 900 $ 2,100 Retirement Benefits 7 & 401() Plans) 19,66519,665 20,255 20,255 FICA Taxes 7,571 $ 7,571 $ 7,748 $ 7,748 3Merit Pool Incremental Taxes ire 1,000 , 7 DELIVERY SERVICES 3, 300 - 300 3,878 Notes - Increase due to possible merit increase, incremental taxes and benefit cost increases, conference and LoopNet subscription increase offset by reduced office printing costs. Page 52 of 1471 WORKSHOPS225 CONFERENCES, MEETINGS, a4,820 Regional + w: .. !!l#t 010 411; MileageIt $ 1,320 $ 1,320 $ 1,320 Economic Development 00 000 226 MEMBERSHIP DUES $ art $ 2,100 900 $ 2,100 Realtors Association of Palm Beaches $ 1,000 $ 1,000 $ 900 $ 1,000 227 DELIVERY SERVICES $ 300 $ 300 $ 300 $ 300 DEVELOPMENT229 CAREER 0w� sw N�� 0�� Redevelopment Continuing ;Education 2,500 $ 2,500 $ 2,500 $ ... 2,500 310 OFFICE SUPPLIES $ 1,500 $ 1,500 340 CELLULARN 0_.- 900 $ 900 $ 900 $ 900 355 ', SUBSCRIPTIONS - LoopNet 0l $ 1,700 $ 2,640 65 OFFICE PRINTING 0 $ 3,500 $ 1,500 $ 11500 Notes - Increase due to possible merit increase, incremental taxes and benefit cost increases, conference and LoopNet subscription increase offset by reduced office printing costs. Page 52 of 1471 General Fund V MARKETING & BUSINESS DEVELOPMENT FY 2015-2016 FY 2016-2017 01-57400 Original Amended Year End Change lncr/(Decr) SUMMARY Budget Budget I Estimate Budget Amount °/® 100 PERSONNEL SERVICES 86,457 $ 86,457 $ 86,254 $ 88,737 $ 2,280 3% 216 ADVERTISING $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ 0% 218 MARKETINESS DEVL. COLLATERAL $5,000 $ 5,000 $ 5,000 $ 5,000 $ 0% 225 CONFERENCES, MEETINGS $ 6,275 $ 6,275 $ 5,900 $ 5,900 $ (375) -6% 226 MEMBERSHIP DUES $ 5,100 $ 5,100 $ 5,250 $ 5,250 $ 150 3% 227 POSTAGE $ 4,000 $ 4,000 $ 3,000 $ 4,000 $ - 0% 229 CAREER DEVELOPMENT $ 1,800 $ 1,800 $ 11800 $ 1,800 $ - 0% 236 PHOTOGRAPHY & VIDEOS $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 0% 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 1,500 $ 0% 340 CELLULAR PHONES $ 720 $ 720 $ 720 $ no $ 0% 355 SUBSCRIPTIONS $ 1,000 $ 1,000 $ 11160 $ 1,325 $ 325 33% 360 BOOKS & PUBLICATIONS $ 300 $ 300 $ 200 $ 200 $ (100) 100% 365 MARKETING PRINTING COSTS $ 6,000 $ 6,000 $ 6,000 $ 6,000 $ - 0% Total $ 139.152 $139.152 $137.784 3 141 A32 S 2,280 2% DETAIL 100 PERSONNEL SERVICES $ 86,457 $ 86,4557 $ 66,254 $ 80,737 Salaries Marketing & Business Development Specialist $ 56,705 $ 56,705 $ 58,407 $ 58,407 Benefits Health $ 10,800 $ 10,800 $ 10,800 $ 11,000 Dental $ 480 $ 480 $ 450 $ 450 Vision $ 60 $ 60 $ 60 $ 60 Life & Long Term Disability $ 387 $ 387 $ 387 s 434 Retirement Benefits (457 & 401(a) Plans) $ 11,341 $ 11,341 $ 11,681 $ 11,681 FICA Taxes $ 4,366 $ 4,366 $ 4,468 $ 4,468 3% Merit Pool + Incremental Taxes + Retirement $ 2,318 $ 2,318 $ - $ 2,237 216 ADVERTISING $ 6,000 $ 6,000 $ 6,000 $ 6,000 218 MARKETING & BUSINESS DEVL. COLLATERAL $ 51000 $ 5,000 $ 5,000 $ 5,000 225 CONFERENCES, MEETINGS, WORKSHOPS $ 6,275 $ 6,275 $ 5,900 $ 5,900 Regional - Local Meetings & Seminars $ 1,000 $ 1,000 $ 800 $ goo Mileage $ 975 $ 975 $ Boo $ goo State Marketing -related Conferences $ 1,000 $ 1,000 $ 1,000 $ 1,000 Visit Florida Governor's Conference (with City) $ 1,500 $ 1,500 $ 1,500 $ 1,500 Florida Redevelopment Association (FRA) $ 1,800 $ 11,800 $ 1,800 $ 1,800 226 MEMBERSHIP DUES $ 5,100 $ 5,100 $ 5,250 $ 5,250 Visit Florida $ 475 $ 475 $ 475 $ 475 Palm Beach County Convention & Visitors $ 2,500 $ 2,500 $ 2,500 $ 2,500 Bureau (represents 50% of cost to be shared Wth C") International Downtown Association (IDA) $ 1,725 $ 1,725 $ 1.725 $ 1,725 Gold Coast Public Relations Council $ 50 $ so $ 50 $ 50 International Festivals & Events Association $ 350 $ 350 $ 500 $ 500 227 POSTAGE $ 4,000 $ 4,000 $ 3,000 $ 4,000 229 CAREER DEVELOPMENT $ 1,800 $ 1,800 $ 1,800 $ 1,800 Florida Festivals & Events Training $ 1,800 $ 1,800 $ 11800 $ 1,800 236 PHOTOGRAPHY, VIDEOS, PROMOTIONAL $ 15,000 $ 15,000 $ 15,000 $ 15,000 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 1,500 340 CELLULAR PHONES $ 720 $ 720 $ 720 $ 720 355 SUBSCRIPTIONS $ 1,000 $ 1,000 $ 1,160 $ 1,325 Palm Beach Post $ 300 $ 300 $ 410 $ 425 Sun -Sentinel $ 350 $ 350 $ 350 $ 475 Wall Street Journal $ 350 $ 350 $ 400 $ 425 360 BOOKS & PUBLICATIONS $ 300 $ 300 $ 200 $ 200 365 MARKETING PRINTING COSTS $ 6,000 $ 6,000 $ 6,000 $ 6,000 Notes: Increase primarily due to possible merit increase, incremental taxes and benefit cost increases. Page 53 of 1471 General Fund OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 11500 340 355 r -SPECIAL- 01-57500 72 $ Fly 2015-2016 $ FY 2016-2017 720 250 360 77= Original ended Year End 300 $ I Change Incr6( ecr) 30 SUMMARY Budgetud et Estimate Budget cunt % 100 PERSONNEL SERVICES $ 71,111 $ 71,111 7%851 $ 72,826 $ 1,715 2% 225 CONFERENCES, MEETINGS5,300 $ 5,300 6,100 $ 6,100 $ 600 15% 226 MEMBERSHIP DUES $ 500 500 500 $ 500% $ - 0% 9 CAREER DEVELOPMENT 1,800 1,800 $ 2,500 $ 2,500; $ 700 39% 310 OFFICE SUPPLIES $ 1,500 1,500 1, $ 11500 - 0% 340 LL 720 720 720 $ 720' - 0% 355 SUBSCRIPTIONS $ 2 250"' 0% 360 BOOKS & PUBLICATIONS$ 300 $ 300 - 300' $ - 100% -365 F . I GSTS"� $ 20,000 20,000 $ 20,000 20,000` $ - 0% � Total $ 101,481 $101,481 $102,421 $ 104,696 $ 3,215 3% DETAIL 100 PERSONNEL SERVICES $ 71,111 $ 71,111 70,851 $ 72,82 Salaries Special Events Coordinator _ $ 45,000 5,000 $ 46,350 $ 46,350 Benefits Health $ 10,800 $ 10A00 $ 10,800 $ 11,000 Dental $ 480 $ 480 $ 450 $ 450 Vision 0 60 60 $ 60 Life & Long Term Disability339 339 $ 375 $ 375 Retirement Benefits (457 & 401(a) Plans) $ 9,000 $ 9,000 9,270 9,270 FICA Taxes $ 3,465 $ 3,465 $ 3, $ 3,546 MeritPool + Incremental Taxes + Retirement $ 1,967 1,967 $ - 1,775 225 CONFERENCES, MEETINGS, WORKSHOPS5,300 5,300 6,100 $ 6,100 Regional - Local Meetings & Seminars1,500 1,500 1,500 $ 1,500 Mileage 11000 $ 1,000 $ 1,000 $ 1,000 State Event -related Travel $ 1,000 $ 1,000 $ 1,800 1,800 Florida Redevelopment Association (FRA) $ 1,800 1, $ 1,800 $ 1,800 6 MEMBERSHIP DUES $ 50 0 50 0 Florida Festival & Events 500 $ 500 $ 500 $ Soo CAREER229 V P T 1,800 $ 1,800 2,500 2,50 Events Training 1,800 $ 1,800 $ 2,500 $ 2.500 310 OFFICE SUPPLIES $ 1,500 $ 1,500 $ 1,500 $ 11500 340 355 CELLULAR SUBSCRIPTIONS $ 72 $ 7 $ 720 $ $ 720 250 360 BOOKS & PUBLICATIONS $ 30 300 $ - 30 4TI)o EQUIPMENT_.O• i iiia20,000000 20,000 Increase primarily due to possible merit- benefit costincreases. Page 54 of 1471 Notes: Increases due to carrier estimates and windstorm coverage increases, offset by reduction in Storage Tank Pollution renewing every two years, reduction in Workers Comp and Reemployement. Page 55 of 1471 4SURANCES - 01-51410 FY s I h , r Year `S SUMMARY Budget Estimate w 213 PROPERTY & LIABILITY COVERAGE $128,475135,750 6% Total :: i DETAIL 213 PROPERTY Properly,+ Inland Marina, Public Official & $ 90,000 90,000$ ##li . ;-G Liability, Auto, Excess Liability Citizens Windstorm Policy $ 14,000 $ 14,000 $ 15,000 $ 18,000 ConstructionManagement P 10,000 $ 10,000 $ 10,000 $ 11 i 00 Policy= I:;i 10,000 59000-153 Retirement Plan F_:4: $ 110001,000 $ 1100011000 9111 11€ $ 3,500 ill $ 2,500 59000-159 Reep'.t - l 111! $ 10,000 5,000 5,000 59000-161 Lea- ', ♦ ,. 35,000 5,101 !!.:! :: 35,000 Notes: Increases due to carrier estimates and windstorm coverage increases, offset by reduction in Storage Tank Pollution renewing every two years, reduction in Workers Comp and Reemployement. Page 55 of 1471 201 LEGAL SER%RCES DETAIL FY 0i016 .; t 1 7,000 $147,000 $102,000 137,000 Audit Services 18,500 18,500 $ 18,500 $147,000 ... $147,000 $102,000 137000 $ (10,000) $100,000 $100,000 90,000 $ 100:000 $I, 15,000 15,00000015,000 $ 20,000 $ 10,000 Disclosure Dissemination Services DETAIL 200 CONTRACTUAL E 1 7,000 $147,000 $102,000 137,000 Audit Services 18,500 18,500 $ 18,500 18.500 Marina Audit & Tax Compliance15,000 15,000 5,000 15,00 Bond Indenture Compliance cn Continuing 20,000 $ 20,000 $ 10,000 Disclosure Dissemination Services Financial Services $ 30,000 $ 30,000 $ 30,000 $ 30,000 Website in elate ices 15,000 $ 15,000 $ 15,000 $ 15,000 Website esi n & Maintenance15,000 $ 95,000 $ 15,000 $ 15,000 Personnel Services 30,000 $ 30,000 $ 15,000 $ 30,000 Economic Development Financial Assessment $ 3,500 $ 3,500 $ 3,500 $ 3,500 201 LEGAL SERVICES100,000 100,000 90,000 100 ,000 204 OTHER PROFESSIONAL FEES $ 15,000 $ 15,000 $ 15,000 $ 15,000 Fire Inspections $ 500 1 00 Page 56 of 1471 DETAIL CONTRACTUAL SERVICES - 20() Alarms/Pest Control $ 3,500 $ 3,500 $ 3,045 $ 3,045 PROPERTY TAXES & ASSOCIATION 201 DUES $ 75,000 $ 75,000 $ 75,000 $ 75,000 205 OFFICE RENTAL $ 91,000 $ 91,000 $ 93,000 $ 97,500 710 N. Federal Highway BUILDINGS & GROUNDS - 87,000 $ 87,000 $ 87,000 $ 91,000 Storage Facilities $ 01-51620 $ FY 2015-2016 $ 6,000 $ 6,500 208 EQUIPMENT LEASES $ 19,500 $ 19,500 $ 19,500 $ 20,000 Postage Meter $ - $ - $ - $ 500 200 CONTRACTURAL SERVICES $ 3,500 $ 3,500 $ 3,045 $ 3,045 $ 9,500 Vehicle Lease/Maintorkance/Fuel 201 PROPERTY TAXES & ASSOC. DUES $ 75,000 $ 75,000 til 10,000 ,000 $ 0% 205 OFFICE RENTAL $ 91,000 $ 91,000 $ 93,000 $ 97,500 $ 6,500 7% 208 EQUIPMENT LEASES $ 19,500 $ 19,500 $ 19,500 $ 20,000 $ 500 3% 209 PROPERTY MAINTENANCE COSTS $235,000 $235,000 $235,000 $ 265,000 $ 30,000 13% 224 SIGNAGE $ 20,000 $ 20,000 $ 15,000 $ 151090 $ (5,000) -25% 325 ELECTRIC COSTS $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 0% 326 WATER COSTS $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 0% Total $474,000 $474,000 $470,545 $ 505,545 DETAIL CONTRACTUAL SERVICES - 20() Alarms/Pest Control $ 3,500 $ 3,500 $ 3,045 $ 3,045 PROPERTY TAXES & ASSOCIATION 201 DUES $ 75,000 $ 75,000 $ 75,000 $ 75,000 205 OFFICE RENTAL $ 91,000 $ 91,000 $ 93,000 $ 97,500 710 N. Federal Highway $ 87,000 $ 87,000 $ 87,000 $ 91,000 Storage Facilities $ 4,000 $ 4,000 $ 6,000 $ 6,500 208 EQUIPMENT LEASES $ 19,500 $ 19,500 $ 19,500 $ 20,000 Postage Meter $ - $ - $ - $ 500 Copiers $ 9,500 $ 9,500 $ 9,500 $ 9,500 Vehicle Lease/Maintorkance/Fuel $ 10,000 $ 10,000 $ 10,000 $ 10,000 General Repairs $ 25,000 $ 25,000 $ 25,000 $ 25,000 Janitorial Services $ 15,000 $ 15,000 $ 15,000 $ 15,000 Property Maintenance $170,000 $170,000 $170,000 $ 200,000 Hurricane/Property Contingency $ 25,000 $ 25,000 $ 25,000 $ 25,000 224 SIGNAGE $ 20,000 $ 20,000 $ 115,000 $ 15,000 325 ELECTRICITY COSTS $ 15,000 $ 15,000 $ 15,000 $ 15,000 A Notes: Increase in CRA office rental per lease escalations. Property maintenance increase due to ILA's with City for maintenance of 4th Street Parking Lot (expires 9/30/2018) and Welcome Sign at N. Federal (expires 9/3012017). Page 57 of 1471 General Fund OFFICE11000 11000 $ v $ 1,000 ,, 30 MARINA 9,120 FY 2015-2016 9,120,18,100 FY , COSTS326 WATER Original Amended Year End 3,600Y5,400 Change Incri(Decr) SUMMARY Budget Budget 200 CONTRACTURAL SERV s'r 500 00 $ (110 209PROPERTY MAINTENANCE COSTS $ 23,885 $ 23,885 $ 30,00030,000 1 i) ". CONTRACT241 MARINA MANAGEMENT #I0 0 OFFICE SUPPLIES $ 1,000 1,000 1 1 11 19000 I - I. COSTS325 ELECTRIC "!9,120 $ 8,100 4 8,100 (1,020) 327 GASOLINE & !IESEL CHARGES $ 850,000 850,000 16 i Total $1,100,000 11 # 1 #I 994,500 '. 1,000,000 $(100,000) ### "' DETAIL CONTRTUTUAL SERVICES - Sea 200 Spill Contract $ 600 1 600 # r FZ11IIIIIIIII, I "Ll L111,01,11111,11 OP242 ERATIONS - Merchant 28,360 y 310 OFFICE11000 11000 $ 1,000 $ 1,000 ELECTRICITY325 9,120 $ 9,120,18,100 COSTS326 WATER 3,600 $ 3,600Y5,400 K �01_l �#� 11,1 M1 C-ll`.� `�. 328 DIESEL SALES TAX $ 00 $ 12,000ri# $ 12,00 Decrease due to potential • operations fromOpen Space• • Contractual- e in marina management contract, increasesproperty maintenance#- due to usage experience. Page 58 of 1471 �jeneral Fund INFORMATION TECHNOLOGY 01-51650 200 COA rRACTURAL SERVICES COMPUTER210 CITY IT SUPPORT 211 • 212 FINANCIAL & MARINA SOFTWARE i' TELEPHONE330 400 EQUIPMENT COSTS Total ENT" 2 KP'I�, Page 59 of 1471 DETAIL FY 2015-2016 200 CONTRACTUAL SERVICES $ 3,000 $ 3,000 $ 3,000 $ 3,000 Financial Accounting Software Updates 1,000 $ 11I, 0,, 00000 1,000 $ 3,00000I= 1,000 Maintenance of Phone System 1' 2,000 $ 2,000 $ 2,000 $ 2,000 `I', $ 3,500$ 3,500 26,000'f 3,500 $26,000 0' 27,000_ 211 yy y 8,560 Ii 8,560 8,000 8,0 00 ' t 0 { A" 59,560 a ( 59,560 $60,500 64,500 $ 4,9408% ENT" 2 KP'I�, Page 59 of 1471 DETAIL 200 CONTRACTUAL SERVICES $ 3,000 $ 3,000 $ 3,000 $ 3,000 Financial Accounting Software Updates 1,000 $ 11I, 0,, $ 1,000 $ 1,000 Maintenance of Phone System $ 2,000 $ 2,000 $ 2,000 $ 2,000 210 IT SUPPORT $ 26,000'f 0 $26,000 27,000_ 211 COMPUTER SOFTWARE ENT" 2 KP'I�, Page 59 of 1471 XT 1 11 4 1 11 Budgeted at 1 ' of tax increment revenue. Page 60 of 1471 i Boynton A. ProjectFund Budget S a d„ i tSj' , I'} v,t Funding Sources/Revenues 0 1. Rollover FY 2014-2015I.A $ 2,578,060 $ 2,578,060 (2,578,060'P 100% 10070 Entry bignage - North & 5outh Fede ➢ - '- r, 62,310 18,786 $ 3. Rollover - FY 0 , 100% REALLOCATED tea Prosy Purchases in FY 16-17 Qa Marina en Space Construction Plan Updates (City Code Review/Revisions - $ - $ 200,000 WK ROM 200,000 100% 211 Renovation Grant - $ - - $ 200,000: $ 200,000 100% ParkingLot Conn ion - NE 4th - 100% 10070 Entry bignage - North & 5outh Fede ➢ - $ - $ - $ - 18,786 $ 18,786 100% REALLOCATED tea Prosy Purchases in FY 16-17 Qa Marina en Space Construction - - $ - $ 200,000 $ 200,000 100% 211 Renovation Grant - $ - - $ 200,000: $ 200,000 100% ParkingLot Conn ion - NE 4th - REALLOCATED to Property Purchases in FY 06-17 (a) $ - $ - $ - $ 117,821 $ 117,821 100% Town Square Project $ - $ - - $' _ 185,450_, $ 185,450 100% $ - 100% Economic Development Grants$ - $ - $ - $ 272,000 $ 272,000 100% 25,000 $ 25,000 100% Sub -Total Rollover FY 2015-2016 $ - $ - - $ 1,592.467 $ 1,592,467 100% Transfers in from ene l Fund Other Financiag Sources/Transfers In $ 5,03 ,122 $5,034,122 $5,034,122 $; ,612,791 1,57 ,57 31% Other even Fina cinSources: 1. Revenue from Sale of 480 E. Ocean Avenue $ - $ - $ - $i 315,986 $ 315,886 100% 2. Committed Fund Balance Allocation $ - $ - - $ 600, 000 $ 500,000 100% Sub -Total - - - 815,986 $ 815,986100% Total Funding Sources/Revenues $ 7,611,161 7,6749492 Tran ers In $ 7,6749492 $ 9,02191 $ 1,346,662 18% aIlov r locati o f 2015-2016 II r e i ition Entry Signage - North & SouthFederal Hwy $ 18,786 Parking Lot Construction - 4th St. $ 117,821 Total 13,67 Page 61 of 1471 Rent Expense Legal Services Sub - Total capital outlay Property Purchases Improvements Construction in Progress ' "-• i W'R -75 r*1 F1 Economic Development &SITU I - - TgQ--Mw- Marketing Program DIFA - Economic Development Sub -Total Boynton Beach CRA $1.017.210 S1.028.210 S45-4.800 91 $ 927,107 $ 837,285 $ 837,285 $ 1,136,007 $ FY 2015-2016 glen!= 2016-2017 vs. $ mum= $ 250,000 �1 Mrr.RT-r-will $2,025,865 $2,025,865 N=Eff==�NOMNI $ 11098,897 $ (926,968) $ 100,000 5 100,000 $100,000 $ 52,000 $ 119,000 $ 19,000 387,690 767,210 $ 291,800 $1,100,410 $ 333,200 $ 1.797A50 11,000 $ 11,000 $ �1 3,200 $ 2,200 C 1 Fin non 0. inn nnn (t inn nnn ct 1 sti &&,l 727,076 $ $1.017.210 S1.028.210 S45-4.800 91 $ 927,107 $ 837,285 $ 837,285 $ 1,136,007 $ 299,322 glen!= Clean & Safe Program (Clean, Police, Code) $ 60,036 $ 250,000 $ 260,000 $2,025,865 $2,025,865 $1,708,044 $ 11098,897 $ (926,968) $ 100,000 $ 162,310 $ 162,310 $ 550MG $ 387,690 $ 750,000 $ 750,000 $ 564,550 $ 1.797A50 $ 1,047.450 Projects & Programs lot glen!= Clean & Safe Program (Clean, Police, Code) $ 260,000 $ 250,000 $ 260,000 $ 447t000 $ 197,000 Community Support Projects $ 100,000 $ 100,000 Projects & Programs Clean & Safe Program (Clean, Police, Code) $ 260,000 $ 250,000 $ 260,000 $ 447t000 $ 197,000 Community Support Projects $ 100,000 $ 100,000 $ 75,000 $ 95,000 $ (5,000) Special Events $ 410,000 $ 410,000 $ 402,076 $ 413,000 $ 3,000 Sub -Total $ 760,000 $ 760,000 $ 727,076 $ 955,000 $ 195,000 19% 43% 100% 0% 34% 36% -100% -46% 239% 140% 19% -12% 61% 5% 3% 100% -5% 1% 26% 18% Page 62 of 1471 Project Fund PROFESSIONAL & OTHER EXPENSES - 02-58100 FY 1 Y 2016-2017 Amended Year End Change En g' I I9m Vr."Sil;;�14, r, !- • • - �� -� Page 63 of 1471 202 CONTINGENCY $ 0,0 100,000 100,000 r 000 ,- 19,000 19% 203 PROFESSIONAL SERVICES $ 767,210 $ 767,210 $291,800 $ 1,100,410 $ 333,200 43% 207 RENT EXPENSE ##+ ,2000 01 Total $1,017,210 $1,028,210 $4;x #,, - - -- ' i DETAIL l Rollover j 202 CONTINGENCY $ 100,000 r 100,000 $52,000 � � 119,000 ( 48,000 1 $'#� f {i nI ,{. SERVICES PROFESSIONAL 767,210 800 1,100,410, Architectural Design Assistance 150,000 $150,000 City Code i e r r, CRA Consolidated Update 4: #. ., 90 Cottage District $ 100,000 $ 100,000 $ 25,000 $ 75,000 . r , o� , Blvd. Designi, 300,410 300,410 � , , i, a� 1, 300,410 0, 207 RENT EXPENSE - Police 11,000 $ 11,00013,200 i LEGAL213 SERVICES150,000 f $ 100000 $ 150,000 50,000 $100,000 +FIMIN g' I I9m Vr."Sil;;�14, r, !- • • - �� -� Page 63 of 1471 RoofNWndows-EPA Grant Klatch 406 INFRASTRUCTURE & STR 750,000 $ 750,000 $ 564,550 S 405 SITE WORK & DEMOLITION CAPITAL O' �.+y 11,, k550,000 105,450 $ MLK Corridor Redevelopment, CRA Site IDemolition Ti t Property $ - $ - $ 1,162,000 Solid i Waste t 1F ,, Site Clean o el Block 1 I '.. 62,310 $ - $ t Grants 401 PROPERTY PURCHASES $ 927,107 $ 837,285 $ 837,285 $ 1,136.007 $ 299,322 36% Allocated to: ProDertv & Land Purchases Entry/Welcome i na a 18,786 South eral Highway(A) 404 CONSTRUCTION IN PROGRESS $ 2,025,865I Parking t Enhancement - 1 117,821 Total $ 405 SITEI' I I I I C $ 162,310 $ 162,310 S 550,000 $ 387,690 406 INFRASTRUCTUREx STREETSCAPE r, 750,000750,000 , Total t � 4 �� r.T $ s q source , DE 401 k, y PURCHASES by 927,107 t -, +� , a y t 402 IMPROVEMENTS E I I $ i 78,822 00,036 Y 4 ErdryiWelrome Signage at North& South Federal Highway(A) 78,822 60,036 404 CONSTRUCTION IN PROGRESS $ 2,025,865 $2,026,865 $1,708,044 $ 1,098, Marina - Open Space Construction & Southern Repairand Resurface $ 1,574,152 $1,574,152 $1,574,152 $ 200,000 211 E. Ocean Renovation Grant $ 200,000 $ 200,000 $ - $ 200,000 Dog Park- Downtown 211 # k 1 MI C 698,897 y L f RoofNWndows-EPA Grant Klatch 406 INFRASTRUCTURE & STR 750,000 $ 750,000 $ 564,550 S 405 SITE WORK & DEMOLITION 100,000 k550,000 105,450 $ MLK Corridor Redevelopment, CRA Site IDemolition Property $ - $ - $ 1,162,000 Solid i Waste t 1F ,, Site Clean o el Block 1 I '.. 62,310 $ - $ t Grants ,057 $ Notes: Increases due primarily to property purchases and new projects: Dog Park, MILK Corridor Redevelopment on CRA property and Old High School Roof/Windows. La Rollover Reallocations from 2015-2016 Stabilization o-.. ' High School -t Allocated to: ProDertv & Land Purchases Entry/Welcome i na a RoofNWndows-EPA Grant Klatch 406 INFRASTRUCTURE & STR 750,000 $ 750,000 $ 564,550 S 1,797,450 Town Square protect 0,000 200,000 $ 14,550 105,450 105,450 $ MLK Corridor Redevelopment, CRA Property $ - $ - $ 1,162,000 - o el Block 550,000 $ 550,000 $ 550,000 $ 450,000 $ - $ ,057 $ Notes: Increases due primarily to property purchases and new projects: Dog Park, MILK Corridor Redevelopment on CRA property and Old High School Roof/Windows. La Rollover Reallocations from 2015-2016 Allocated to: ProDertv & Land Purchases Entry/Welcome i na a 18,786 South eral Highway(A) Parking t Enhancement - 117,821 Total $ 136,607 Page 64 of 1471 DETAIL ECONOMIC DEVELOPMENT PROGRAMS (Commercial a a a, Construction, Interior Build -OM Rent Reimbursement) 650,000 $ 650,000 $ 378,000 ECONOMIC DEVELOPMENT 02-58400 572,000 Rollover 272,000 FY'16-17 300,000 MARKETING445 Original Amended__� Year End 142,000 $ 10 Budget Budget Estimate DIRECTINCENTIVE I 3 I $ I,ZW,000 $1,240,000 1, ,4 1,300,000 Cornerstone - The Preserveear 2of1) MARKETING PROGRAM $ 142,00000142,000 $ 100,000 $ 228,590 $ 86,590 FUNDING"3 DIRECT INCENTIVE ! $1,240,000 $ 1,240,000 $1,164,435 i 14po.000 60,000 375,00071, 1 415,000 415,000 Seabourne Cove - Phase 2 (Year 3 of 1) 165,000 105.000 DETAIL ECONOMIC DEVELOPMENT PROGRAMS (Commercial a a a, Construction, Interior Build -OM Rent Reimbursement) 650,000 $ 650,000 $ 378,000 $ 572,000 Rollover 272,000 FY'16-17 300,000 MARKETING445 142,000 $ 142,000$ 142,000 $ 228,590 $ - $ 228,590 DIRECTINCENTIVE I 3 I $ I,ZW,000 $1,240,000 1, ,4 1,300,000 Cornerstone - The Preserveear 2of1) $ 100,000 $ 100,000 $ 45,759 $ 100,000 $ 100,000 bourne Cove - Phase I (Year 4 of 1) $ 375,000 375,00071, 1 415,000 415,000 Seabourne Cove - Phase 2 (Year 3 of 1) 165,000 105.000 158,058 180,000 $ 180,000 Asa(Year '7 of1) $ 545,000 $ 545.000,545,000 $ - $ 545,000 Wal-Mart ear 5 of 10) $ 55,000 $ 55,000 a 8 $ - $ 60,000 $ 272,000 $1,828,590 Page 65 of 1471 Page 66 of 1471 DETAIL CTS & PROGRAMS - 02-58500 Funding Source s, 250,000 ,000 $250,000 ,000 Rollover SUMMARY Y1-17 462 District Clean Program $ 50,000 k I VIE 50,000 $ 50,000 50,000 460 Neighborhood Police Program$ 200,600 $ 200,000 $200,000 $ 263,000 $ - $ 263,000 Neighborhood Sustainability -Code Page 66 of 1471 DETAIL Funding Source CLEAN & SAFE$ 250,000 ,000 $250,000 ,000 Rollover Y1-17 462 District Clean Program $ 50,000 $ 50,000 50,000 $ 50,000 50,000 460 Neighborhood Police Program$ 200,600 $ 200,000 $200,000 $ 263,000 $ - $ 263,000 Neighborhood Sustainability -Code 1 Enforcement - $ - $ - 134,000 $ - 134,000 470 COMMUNITY SUPPORT PROJECTS $ 100,000 100,000 $ 75, $ 95,000 $ $ - Community, Planning and Economic Development Workshops & Meetings $ 50,000 $ 50,660 $ 25,000 25,000 $ 25,000 - siness Incubator Support $ 50,000 $ 50,000 $ 50,000 $ 70,000 $ - $ 70,000 460 SPECIAL EVENTS (a) $ 410,000 $ 4109000 $402,076 $ 413,000 Haunted Pirate Fast It Mermaid Splash $ 174,564 $ 174,584 $ 195,066 175,000 $ It 175,000 Holiday Tree LightingConcert $ 73,500 $ 75.500 $ 73,500 $ 65,000 $ - 65,006 Holiday Parade (City Run - CRA reimburses City) $ 25,000 $ 25,000 $ 10,000 $ 25,000 $ - $ 25,0016 Holiday Boat Parade $ 12,000 12,000 $ 12,000 $ 12,000 $ - $ 12,000 Kinetic Eve (City also funding separately at 20,000) $ - $ - - ,000 $ - $ 20,000 SILK Celebration of Unity $ 20,010 ,010 $ 20,010 $ 40,000 $ - $ 40,000 St. Patrick's Day - Blarney Bash $ 24,216 $ 24,216$ 24,216 18,000 - $ 19,000 Movies in the Park $ 23,850 ,050 $ 23ASO $ 19®000 $ - $ 163,000 Music on the Rocks $ 23,500 $ 23,500 $ 23,500 $ 20,000 $ - $ 20,000 Special Events Grant Program ,000 20,000 $ 20,000 $ 20,000 $ - $ 20,000 Kid's EarthDay Event $ 13,940 $ 13,340 - $ - - $ - 25,060 $ a,aa Notes: Events in FY 16-17 exclude marketing expenses. Events marketing moved to Marketing Program budget. Kinetic Arts Event added for $20,000 in FY16-17, and MLK Celebration of Unity increased to $40,000 (from $20,010). Community/Development meetings reduced based on current year projections. Neighborhood Police Program Two Officers, Benefits $ 227,235 License Plate Reader, software, installation, signage $ 24,200 Bike Racks $ 500 office Expenses $ 5,350 Contingency 5,715 Total for FY16-17263,000 Page 66 of 1471 Boynton Beach A Debt Budget , Original Amended V Dept. ,x- Funding Source Budget 9 9 i1Transfers In from Expenses 36.5% $ (23,731) -6.2% 314,269 24.0% $ - Bank of America Loan $ (11, a) -7.2% (11,880) -2.3% $ 59800-810 t_n Principal $ 292,214 292,214 $ 292,214 59800-820 Loan Interest $ 12,474 $ 12,474 $ 12,474 Sub -Total 304,688 $ 304,688 $ 304,688 Series {12 (fbrmerly Series 2004 & Series 2005AI 59800-814 t. 927,000 927,000 $ 927,000 59800-824 Interest $ 384,666 $ 384,666 $ 384,666 Sub -Total .rr $1,311,666 Series i ii 59800-815 t tl 11',1 360,000 360,000 59800-826 Interest $ 165,165 $ 165,165 $ 165,165 Sub -Total r; 59800-830 =i Total Debt :: Expenses $2,142,518 $2,142,518 $2,142,518 FA (292,214) -100.0% $ (12,474 -100.0% (304,688) -100.0% 338,000 36.5% $ (23,731) -6.2% 314,269 24.0% $ - 0.0% $ (11, a) -7.2% (11,880) -2.3% $ 0.0% (2,299) .1% Page 67 of 1471 BOYNTON BEACH CRA AGGREGATE SERVICE Interest Rates 2.56% 3.30% Page 68 of 1471 a Seri 201 PNC Bank Fnf 2016-2017 2,139,220 �' 2017-2018 '� tt t � H s� ,� � �/x c ,S a i fit, � !, ,{„.? 9ti 2,139,956 t FY 2018-20 + { 2,135,466 s,Y 2019-2020 n FY 2020-20211,623,202 I t 2,136,822 FY 2021-2022 $ � t� {' zt� '9 _t��.. F 2022-2023 i 1,624,600 y 3 2023-2024___, } 1,627, 4 fi 2,134,818 i'2024-2025 u748,925 s, �, i* '#r, � ala $''�' 2,316,426 Interest Rates 2.56% 3.30% Page 68 of 1471 2.C. OTHER 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 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 9/16/2016 - 6:26 FSM Page 69 of 1471 3.A. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: David Dearth, representing the Florida Department of Environmental Protection (DEP), will be presenting a $50,000 check to the Mayor as part of the Florida Recreation Development Assistance Program (FRDAP) Grant award to the City for the continued development of Barrier Free Park. EXPLANATION OF REQUEST. FRDAP is a competitive grant program administered by DEP. It provides state funds for the acquisition or development of lands for public outdoor recreational use. In an effort to continue increasing awareness of these grant programs, DEP performs ceremonial check presentations to grant recipients HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The grant award will be used to purchase an accessible playground element for Barrier Free Park, including surfacing and shade structures. FISCAL IMPACT. Budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: $50,000 REVIEWERS: Department Reviewer Action Date Recreation & Parks Majors, Wally Approved 9/6/2016 - 3:35 PM Assistant City Manager Groff, Colin Approved 9/13/2016 - 5:44 PM Finance Howard, Tim Approved 9/14/2016 - 7:52 AM Page 70 of 1471 City Manager LaVerrier , Lori Approved 9/15/2016 - 4:43 PPA Page 71 of 1471 410 ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Verdenia Baker, County Administrator for Palm Beach County and Mike Burke, Chief Financial Officer for the School District of Palm Beach County will make presentations on the Palm Beach County One -Penny Sales Surtax EXPLANATION OF REQUEST: On the November 8th ballot there will be a referendum for a One -Penny Sales Surtax, which will be allocated as follows: schools: 50%, county: 30% and cities: 20%. Palm Beach County created a brochure, which is available in the back of the room and at public facilities throughout the City. More information can be found at onecountyonepenny.org, including a list of each City's capital projects that will be funded through the One Penny Sales Surtax if passed by voters. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? If passed, the proposed sales tax will fund many of the capital projects needed to maintain City facilities and grounds and support programs. FISCAL IMPACT. Non -budgeted If passed, the proposed sales tax will provide the City between $3.9M and $4.3M per year. ALTERNATIVES: Do not permit the presentations. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 72 of 1471 ATTACHMENTS: Type D Attachment REVIEWERS: Department City Manager Finance City Manager Description Palm Beach Couunty One Penny Sales Surtax Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 9/15/2016 - 5:15 PKA 9/15/2016 - 5:15 PKA 9/16/2016 - 2:04 PKA Page 73 of 1471 O O O ?� N E E4 -J , L N C 4-j f0 N N N O tQ ui N U U O� O1E f0 � U E U o L O W O l!7 Xm N U X N O N ,-1 U do moo\ UO Em a -a>)" o0 XN LO cnLnv OQ UE � o `2 iii �..+ �0U � O NC), o � CU 0 NO �Ofu U� �O z O 70 y a� Q �x a- 3:N U O O cif E: -N 0 N NN LLJp � 0 I— (Ou o c o 0 �� 0 i O O O ?� N E E4 -J , L N C 4-j f0 N N N O tQ ui N U U O� O1E f0 � U E U o U .(73; O N 2) U �U CL ro� a)U CL0� O U U) o .c c �>1 0 (� a� CD __0 . o CL L 2 c 3.C. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Announcement by Eleanor Krusell, Communications Manager, regarding the Digital Photo Contest for the City's 2017 Calendar. EXPLANATION OF REQUEST: Based on the success of last year's Calendar Photo Contest, the City is conducting its 2nd Annual Photo Contest through October 10th. This year's calendar will feature photographs of the City's past. Residents, businesses and visitors are invited to submit historical photographs of the City's landmarks, events, holidays, family outings/trips, schools, activities, cars, the beach and the marina, etc. Photos will be judged on originality, technical excellence, composition, overall impact, artistic merit and subject matter. Each photograph selected for use will receive a $75 award. Those interested may submit their digital images online at bit.ly/BB1 6Photo. Information flyers are available in the back of the room and public facilities throughout the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Inviting the public to submit photographs for inclusion in the 2017 Calendar is another method of civic engagement. The 2017 Calendar will list the City's meetings, holidays and civic events, as well as marketing the City's rich history. FISCAL IMPACT. Budgeted Funding for the 2017 Digital Photo Contest is included in the Communications and Marketing's FY201/17 budget. ALTERNATIVES: Do not announce the City's 2016 Digital Photo Contest. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 76 of 1471 Grant Amount: REVIEWERS: Department City Manager Finance City Manager Reviewer Action Date Howard, Tim Approved 911512016 - 10:57 AM Howard, Tim Approved 911512016 - 10:58 AM LaVerriere, Lori Approved 911512016 - 4:31 PPA Page 77 of 1471 ADMINISTRATIVE 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Authorize the Mayor to travel to Orlando for Florida League of Cities Legislative Policy Committee Meetings on the following dates: Friday, September 30, 2016 Friday, October 28, 2016;and Friday and Saturday, December 8 & 9, 2016 EXPLANATION OF REQUEST: The Mayor has been appointed as a member of the Growth Management & Economic Affairs Committee of the Florida League of Cities. The Mayor has received a letter with Legislative Policy Committee Meeting dates for September, October and December of 2016 that are scheduled at the Embassy Suites Orlando Lake Buena Vista South. (Letter attached) Costs associated with these meetings would be hotel, travel, meal allowances Hotel is $119 per night, for two nights, meetings are from 10:00am - 3:00pm Estimated costs in addition to hotel would approximately $225 per trip In accordance with Resolution R07-150, establishing the travel policy for the City Commission, the City Commission by a majority of its members shall approve travel for each member of the City Commission. (Resolution attached) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Budgeted Hotel/Travel costs estimated at $465 for September and October meeting, December meeting estimated costs $625(add'I hotel night) Funds were included in the approved FY15/16 & FY16/17($7,000) budgets for commission travel under account 001-1110-511-40-12. ALTERNATIVES: Do not authorize travel for the Mayor. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 78 of 1471 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Letter D Attachment D Attachment REVIEWERS: Department Finance Finance City Manager Description Florida League of Cities Letter Sept 30 registration City Commission Travel Policy Reviewer Action Date Howard, Tim Approved 9/13/2016 - 12:23 PPA Howard, Tim Approved 9/10/2016 - 12:20 PPA LaVerriere, Lori Approved 9/15/2016 - 4:41 PPA Page 79 of 1471 'VOGUE UP 40* m _ . August 26, 2016 The Honorable Steven Grant Mayor, City of Boynton Beach PO Box 310 Boynton Beach, FL 33435 Dear Mayor Grant: It is my pleasure to appoint you as Member of the Growth Management & Economic Affairs Committee. Your responsibility will be to work with the other committee members to discuss the many issues facing our cities that will come before the Legislature during the 2017 Session and decide upon a policy direction for the Florida League of Cities' legislative efforts. The ultimate success of these efforts is proportional to the level of involvement of the membership in presenting and lobbying the League's priorities to the Legislature. The officers and Board of Directors of the League appreciate your willingness to serve and we ask that you commit your time and energies to this endeavor. 2016-2017 Legislative Policy Committee Meeting Dates • Friday, September 30, 2016 at 1.0:00 a.m. to 3:00 p,m. at the Embassy Suites Orlando Lake Buena Vista South • Friday, October 28, 2016 at 10:00 a.m. to 3:00 p.m. at the Embassy Suites Orlando Lake Buena. Vista South • Friday, December 8 and Saturday, December 9 (FLC Legislative Conference) at the Embassy Suites Orlando Lake Buena Vista South -meeting times will be announced at a later date Should you have any questions regarding your appointment or the policy development process, please contact Mary Edenfield at the League office (850) 222-9684. Again, thank you for your commitment to the League. I look forward to working with you and to a prosperous and successful year! Sincerely, k Susan Haynie, President Mayor, Boca Raton dr First Vice President Gil Ziffer. Commissioner, Tallahassee • Second licca President Leo E Laingworth. Commissioner, Bartow Page 80 of 1471 FLC Legislative Policy Committee Meetings: September 30, 2016 When Friday September 30, 2016 from 10:00 AM to 3:00 PM EDT Axid to Calendar Embassy Suites Orlando Lake Buena Vista South 4955 Kyngs Heath Road Kissimmee, FL 34746 W 11,10 u, Driving Directions Mary Edenfield Florida League of Cities 850-701-3624 rnedenfieldCa)flcities.corn Meetings: September 30, 2016 Please confirm your attendance at the first round of committee meetings for 2016-2017 by completing this form in its entirety. The policy committees will meet on Friday, Sept. 30 from 10:00 am to 3:00 pm. Lunch will be provided. ' Required information BUsiness Information Job Title: Personal Information First Name: Last Name: Email Address: a Confirm Email Address: By submitting this form, you're granting: Florida League of Cities, 301 S. Bronough Street, Suite 300, Tallahassee, FL 32301, United States http://www.floridaleagueofcities.com permission to email you. You can revoke permission to mail to your email address at any time using the SafeUnsubscribeTI, found at the bottom of every email. Constant Contact takes your privacy seriously (to see for yourself, please read the Constant Contact 1=mail r'rivacv Policv). Emails are serviced by Constant Contact. Page 81 of 1471 https://events.r20.constanteontact.coinlregister/eventReg?oeidk=a07ed4kLT7c77762d82&oseq=&c=&ch=[9/6/2016 3:10:51 PM] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R 07 - 150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A TRAVEL POLICY; RESCINDING ALL PREVIOUS RESOLUTIONS AND POLICIES GOVERNING TRAVEL BY THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach desires to establish a travel policy to provide for an administrative process by which each member of the Commission would obtain concurrence of a majority of the members of the City Commission for approval of travel expenditures; and WHEREAS, passage of this Resolution will rescind all previous Resolutions and policies governing travel by the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City Commission of the City of Boynton Beach does hereby establish a Travel Policy, a copy of which is attached hereto as Exhibit "A". Section 3. That any and all previous Resolutions and/or Policies governing travel are rescinded. Section 4. That this Resolution will become effective immediately upon passage. SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 82 of 1471 RI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PASSED AND ADOPTED this 18 day of December, 2007. ATTEST: M. Prainito, CMC Clerk SACA\RESO\Commission Travel Policy.doc 12/3/07 CITY OF BOYNTON BEACH, FLORIDA or — Je aylo '22— t// — Vice M r — J odii ez Commissioner — Ronald Wei an Commissioner — Woodrow—E.- Commissioner oo .Commissioner — Marlene Ross Page 83 of 1471 City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1. Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City Commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Hall. • Mileage reimbursement rate is $.485 per mile per IRS and City. • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. • Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Page 84 of 1471 City of Boynton Beach City Commission Gt�IVFE�t��E=�&° �'�tA1��F�ECt' ��►T Date of Request: City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: W: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ ---------------- ---------------- TOTAL Approved by Finance Director: Date Approved by City Manager: "Cl LV NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. Page 85 of 1471 ADMINISTRATIVE 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Authorize travel and hotel stay for Commissioner Romelus and other commissioners interested in attending the Florida League of Cities Institute for Elected Municipal Officials program in Tampa FL, October 7-9, 2016. EXPLANATION OF REQUEST: Commissioner Romelus has requested travel approval to attend The Florida League of Cities Institute for Elected Officials program in Tampa FL, October 7-9, 2016. The program is designed for newly elected officials and those with less than one term in office Registration is $300 per person. Hotel is approximately $160 per night, will need to stay 3 nights, conference begins at 8:00am on Friday, October 7th, hotel cost for 3 nights is $480 Estimated costs per person $1,000 for registration, hotel and travel costs. In accordance with Resolution R07-150, establishing the travel policy for the City Commission, the City Commission by a majority of its members shall approve travel for each member of the City Commission. (Resolution attached) HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Budgeted Registration/Hotel costs estimated at $1,000 per commissioner. Funds were included in the approved FY16/17 budget for commissioners travel under account 001-1110-511- 40-12 ($7,000) and for commissioners training under account 001-1110-511-54-30 ($1,000). ALTERNATIVES: Do not authorize any Commissioners to attend institute. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 86 of 1471 Is this a grant? No Grant Amount: ATTACHMENTS: Action Type D Attachment D Attachment D Attachment D Attachment REVIEWERS: Department Finance Finance City Manager Description Institute for Elected Municipal Officials Agenda Oct 7-9 Registration Oct 7-9 Commission Travel Policy Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 9/13/2016 - 12:23 IIIA 9/13/2016 - 12:24 IIIA 9/15/2016 - 4:40 IIIA Page 87 of 1471 RM 4- 0 co co (1) c� a o EE �v Edo of =v _0o Em , _ z EE _ c �� - E z 0-= - - E m 0s v� Eo wv E� vE� Y =E oEoa °rE — Y q =Eo z 10 a.nv0 Ez E q o.E aE� f v� E .E E s 3 vE E N Et = o� o r vE c �Er n 4- 0 co co (1) c� a � � 0 m m ¢ 2 n � 2016 Institute for Elected Municipal Officials October 7-9, 2016 Holiday Inn Tampa Westshore AGENDA Friday, October 7, 2016 8:00 a.m. - 8:30 a.m. Registration/Continental Breakfast 8:30 a.m. - 9:00 a.m. Introduction and Overview 9:00 a.m. - 12:00 p.m. Structure and Function of Municipal Government in Florida Lynn Tipton, Director, FLC University, Florida League of Cities 10:15 a.m. Refreshment Break 12:00 p.m. -12:30 p.m. Public Officials' Liability Ron Peters, Director of Risk Control, Florida League of Cities 12:30 p.m. - 1:30 p.m. Group Lunch 1:30 p.m. — 5:00 p.m. Effective Council Techniques Scott C. Paine, Ph.D., Director, Leadership Development & Education, FLC University, Florida League of Cities 3:00 p.m. Refreshment Break Saturday, October 8, 2016 7:30 a.m. 8:00 a.m. - 11:30 a.m 9:45 a.m. 11:30 a.m. - 1:00 p.m 1:00 p.m. - 5:00 p.m. 2:30 p.m. Sunday, October 9, 2016 7:30 a.m. Continental Breakfast Taxes and Other Sources of Revenue Jonathan R. Lewis, City Manager, City of North Port Refreshment Break Lunch on your own Budgeting and Accounting Speaker: TBD Refreshment Break Continental Breakfast 8:00 a.m. — 9:45 a.m. Understanding Intergovernmental Relationships in Florida Lynn Tipton, Director, FLC University, Florida League of Cities 9:45 a.m. Refreshment Break 10:00 a.m. - 12:00 p.m. Florida's Ethics Law Jay Daigneault, Partner, Trask • Daigneault, LLP; Randy D. Mora, Attorney, Trask • Daigneault, LLP 12:00 p.m. - 1:00 p.m. Group Lunch 1:00 p.m. - 3:00 p.m. How to Comply with Public Meetings and Public Records Laws Jay Daigneault, Partner, Trask • Daigneault, LLP; Randy D. Mora, Attorney, Trask • Daigneault, LLP Page 90 of 1471 2016 Institute for Elected Municipal Officials Registration Form October 7-9, 2016 Holiday Inn Tampa Westshore Please print the information below. Please fill out one form for each attendee. Name: Nickname: (Please print as it should appear on your certificate.) (For name badge) Dietary Restrictions: ❑ no ❑ yes If "yes", specify dietary requirements: Title: Municipal Address: Phone: E -Mail: Municipality: FAX Municipal Clerk: Zip Code: Registration Fee: $300.00 (includes lunch on Friday & Sunday) Registration Deadline: Friday, September 23, 2016 (Space is limited to the first 35 students.) To register via check, please mail with completed registration form to: Florida League of Cities P.O. Box 1757 Tallahassee, FL 32302 To register via Visa or MasterCard, go online to www.flcities.com, or complete the info below and fax to (850) 222-3806, Attn: Heidi Hogarth Card Number: Cardholder's Name: Billing Address: (If different from above) Exp. Date Cardholder's Phone: Cancellations: Cancellations must be received and confirmed in writing by Friday, September 23, 2016 in order to be eligible for a refund. No shows are not considered cancellations and a refund will not be issued. Substitutions are accepted and encouraged. We reserve the right to cancel the IEMO training. If the training is cancelled, registration fees will be refunded in full. Confirmations will be e-mailed once paid registration is received. Please contact Heidi Hogarth at (850) 222-9684 with any further registration questions. HOTEL INFORMATION Holiday Inn Tampa Westshore 700 N. Westshore Blvd. Tampa, FL 33609 Reservation Method: Phone-in to 813-289-8200; Ask for the Florida League of Cities block to receive the special rate of $115.00/night. Self -parking is complimentary. A credit card is required to guarantee reservations, and cancellations must be made 24 hours prior to arrival to avoid a fee of one night's charge. IEMO training begins Friday at 8:00 a.m. and ends Sunday at 3:00 p.m. HOTEL CUT-OFF DATE: Thursday, September 15, 2016, please make your reservation ASAP. Page 91 of 1471 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R 07 - 150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING A TRAVEL POLICY; RESCINDING ALL PREVIOUS RESOLUTIONS AND POLICIES GOVERNING TRAVEL BY THE CITY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach desires to establish a travel policy to provide for an administrative process by which each member of the Commission would obtain concurrence of a majority of the members of the City Commission for approval of travel expenditures; and WHEREAS, passage of this Resolution will rescind all previous Resolutions and policies governing travel by the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission Section 2. That the City Commission of the City of Boynton Beach does hereby establish a Travel Policy, a copy of which is attached hereto as Exhibit "A". Section 3. That any and all previous Resolutions and/or Policies governing travel are rescinded. Section 4. That this Resolution will become effective immediately upon passage. SACA\RESO\Commission Travel Policy.doc 12/3/07 Page 92 of 1471 RI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 PASSED AND ADOPTED this 18 day of December, 2007. ATTEST: M. Prainito, CMC Clerk SACA\RESO\Commission Travel Policy.doc 12/3/07 CITY OF BOYNTON BEACH, FLORIDA or — Je aylo '22— t// — Vice M r — J odii ez Commissioner — Ronald Wei an Commissioner — Woodrow—E.- Commissioner oo .Commissioner — Marlene Ross Page 93 of 1471 City of Boynton Beach City Commission TRAVEL POLICY Approved travel must adhere to the following guidelines in order to be paid by the City of Boynton Beach: A. Prior to Travel: 1. Complete Conference & Travel Request form and submit for approval. 2. All travel by City Commission Members must be approved in advance by the City Commission. B. Registration: 1. Complete conference registration forms. 2. Submit conference form for payment in advance if necessary. 3. Attach a copy of the registration form with the request for payment to Finance department. 4. Request per diem fee in advance (subtract all conference meals covered by registration fee). C. Upon completion of Travel: 1. Complete the Travel Expense Report for out-of-pocket expenses. 2. Attach all credit card receipts and other receipts to the expense report for payment or reimbursement. 3. Failure to include credit card receipts will be charged to the member personally. D. Travel Approvals: • City Commission Members travel shall be approved in advance by the City Commission at a regularly scheduled meeting. • The City Finance Director must sign off on travel form to confirm funds availability in the budget. • The City Manager must sign off prior to City Commission Agenda submittal. • Travel expenses are only reimbursable with receipts and are not automatic. • No PERSONAL items may be charged to the Agency. E. Travel Restrictions: • Per Diem payments shall be paid ONLY for class "A" travel, or travel outside the local area. Local area is defined as 50 miles or more from the Boynton Beach City Hall. • Mileage reimbursement rate is $.485 per mile per IRS and City. • If a spouse is to attend all related expenses shall be paid by the employee, and all receipts MUST be separate. The City WILL NOT pay for any spouse or child costs associated with any conference. All such costs will be paid by the member separately. • Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Page 94 of 1471 City of Boynton Beach City Commission Gt�IVFE�t��E=�&° �'�tA1��F�ECt' ��►T Date of Request: City Commission Member Attending: Conference Name: Conference Location: Conference Purpose: Account to Charge: W: Dates of Travel & Attendance: to 2008 Cost of Conference: $ Cost of Travel: $ Cost of Lodging: $ Cost of Car Rental: $ Cost of Per Diem: $ ---------------- ---------------- TOTAL Approved by Finance Director: Date Approved by City Manager: "Cl LV NOTE: City Commission travel requests must be approved in advance at a regularly scheduled meeting of the City Commission. Any expenses incurred over the maximum amount approved for breakfast, lunch or dinner will be considered cost of the Commission Member and not the City. Meal rates are $12.00 breakfast, $15.00 lunch and $30.00 dinner. Please submit a conference agenda with this request. Please subtract all meals provided for by conference attendance fee. Page 95 of 1471 5.C. ADMINISTRATIVE 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 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 1 Alt Building Board of Adjustments & Appeals - 1 Reg Education and Youth Advisory Bd: 2 Alts Historic Resources Preservation Bd: 1 Alt Senior Advisory Board: 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: Type Description Page 96 of 1471 REVIEWERS: Department City Clerk Reviewer Appointments 9-20-16 Action Approved Date 9/13/2016 - 5:23 PPA Page 97 of 1471 1••0 - Arts Commission II McCray Reg 3 yr term to 12/17 (2) III Romelus Reg 3 yr term to 12/17 (2) IV Casello Alt 1 yr term to 12/16 (2) Applicants None I Katz Reg 3 yr term to 12/17 (2) Applicants ronin Education and Youth Advisory Board I Katz Alt 1 yr term to 12/16 Tabled (3) II McCray Alt 1 yr term to 12/16 Tabled (3) L 2.= None IV Casello Alt 1 yr term to 12/16 Tabled (3) Mayor Grant Alt 1 yr term to 12/16 Tabled (3) Applicants None Page 98 of 1471 CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16 -118 -Approve and adopt the seconded amended and restated interlocal agreement executed by the Towns of Lantana and Mangonia Park which further updates the board of supervisors' structure for the Florida Green Finance Authority; provides for more flexibility in obtaining a quorum of the board; and changes the program name. EXPLANATION OF REQUEST: On July 3, 2012 the City Commission adopted Resolution R12-057 approving the City's participation in the interlocal agreement between the Town of Lantana, Florida; the Town of Mangonia Park, Florida; and the Florida Green Finance Authority as a means of implementing and financing the "Florida Green Energy Works Program". A voluntary program providing property owners with the opportunity to finance energy efficiency improvements on their properties by repayment though non ad -valorem assessments on their property tax bill. On September 8, 2016 the City Commission adopted Ordinance 16-017 creating minimum standards for the establishment of Property Assessed Clean Energy (PACE) programs in the City of Boynton Beach. The purpose of the seconded amended and restated interlocal agreement is to update the board of supervisors' structure for the Florida Green Finance Authority; provide for more flexibility in obtaining a quorum of the board; and changes the program name. As part of the proposed amendment Florida Green Finance Authority will be expanding the program to also include residential properties. Under Section 163.01 of the Florida State Statues, local governments may enter into interlocal agreements for their mutual benefits and allows for the creation of a separate legal or administrative entity to carry out the purposes of an interlocal agreement. Section 163.08 of the Florida State Statues provides subject to local government ordinance or resolution that a property owner may apply to the local government for funding to finance a qualifying improvement and enter into a financing agreement with the local government. Costs incurred by the local government for such purpose may be collected as a non -ad valorem assessment. A non -ad valorem assessment shall be collected pursuant to s. 197.3632 and, notwithstanding s. 197.3632(8)(a), shall not be subject to discount for early payment. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By approving and adopting the seconded amended and restated interlocal agreement the City of Boynton Beach will be able to provide all property owners (Commercial and Residential) the ability to finance energy improvements to their properties through assessments on their tax bills. This program will encourage energy efficient practices and create jobs. It will impact the City's carbon footprint by reducing greenhouse gas emissions and helping to meet our goal of an 18% reduction of GHG emissions by 2035. FISCAL IMPACT. Budgeted There is no fiscal impact to the City as all costs for the program will be borne by third party entities. ALTERNATIVES: Do not approve the seconded amended and restated interlocal agreement and do not move forward with any PACE programs at this time. Page 99 of 1471 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Climate Action Plan Implementation Initiative # 4.5.2 (8) "Investigate low interest revolving ng loan funds for establishment of a Property Assessed Clean Energy ("PACE')progam to help finance retrofits. Ensure the program includes commercial, residential, and industrial projects to maximize energy retrofit benefits among the highest energy consumers. " Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Resolution approving Second Amended and D Resolution Restated Interlocal Agreement for Florida Green Finance Authority D Letter Boynton Beach (Group 1) Cover Letter Final 042816 D Interlocal Agreement FFA 2nd Amended Interlocal Agreement D Interlocal Agreement FFA Second Amended Interlocal Agreement (For Group 1) 042116 Strike D Resolution Resolution R12-057 REVIEWERS: Department Reviewer Action Date Development Mack, Andrew Approved 9/1/2016 - 11:31 AM Assistant City Manager Groff, Colin Approved 9/1/2016 - 12:50 IIIA Finance Howard, Tim Approved 9/6/2016 - 8:35 AM Legal Swanson, Lynn Approved 9/15/2016 - 4:07 IIIA City Manager LaVerriere, Lori Approved 9/15/2016 - 4:50 IIIA Page 100 of 1471 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT SIGNED BY THE TOWNS OF LANTANA AND MANGONIA PARK WHICH FURTHER UPDATES THE BOARD OF SUPERVISORS' STRUCTURE FOR THE FLORIDA GREEN FINANCE AUTHORITY; PROVIDES MORE FLEXIBILITY IN OBTAINING A QUORUM OF THE BOARD; CHANGES THE PROGRAM NAME; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Towns of Mangonia Park and Lantana are the originating parties in the creation of the Florida Green Finance Authority ("Authority"), providing Property Assessed Clean Energy ("PACE) funding for energy efficiency, renewable energy and wind resistance upgrades to commercial and residential (near future) property in the City of Boynton Beach; and WHEREAS, due to the continued statewide growth of the Authority, the interlocal agreement creating the Authority was in need of revision; and WHEREAS, specific revisions to the program name, Board of Supervisors' composition and appointment, quorum requirement and process for establishment, and program administration were necessary for the future operation of the Authority; and WHEREAS, the Board of Supervisors of the Authority has approved such amendments to the interlocal agreement, as contained in the Second Amended and Restated Interlocal Agreement attached hereto, and has directed that they be brought back to the originating parties for adoption; and WHEREAS, the City Commission believes the adoption of the Second Amended and Restated Interlocal Agreement serves the best interest of the Floriad Green Finance Authority as well as the residents and businesses located within the City. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\3B39C77D-0594-4343-96DF-977BOE7E974F\Boynton Beach. 4105.1. Second_ Restated_hlterlocal_Agreement-_PACE_Program_-_Reso.doc 1 Page 101 of 1471 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 32 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption 35 hereof. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves and authorizes the Mayor to sign the Second Amended and Restated Interlocal Agreement on behalf of the City, a copy of which is attached hereto as Exhibit A. 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 Interim City Clerk VOTE YES NO (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\3B39C77D-0594-4343-96DF-977BOE7E974F\Boynton Beach. 4105.1. Second_ Restated_hlterlocal_Agreement-_PACE_Program_-_Reso.doc 2 Page 102 of 1471 April 28, 2016 Ms. Lori LaVerriere City ofBoynton Beach City Manager 20]E.Boynton Beach Boulevard Boynton Beach, FL38435 Re: Florida Green Finance Authority Second Amended and Restated Interlocal Agreement Dear Member of the Florida Green Finance Authority: This provides an update on the Property Assessed Clean Energy ("PACE") program administered by the Florida Green Finance Authority ("Authority") and requests that you approve and adopt an Amendment tmthe Authority's Interlocal Agreement you previously signed. Just for review, PACE programs are authorized in Florida by Section 163.08, F.S. and provide funds to property owners to finance energy efficiency, renewable energy and wind resistance improvements. The funds are repaid through the property owner's tax bill and the program isentirely voluntary. Update on our PACE Pro In July 20I2, your local government signed on to an Interlocal Agreement 10 participate in the Florida Green Energy Works Program administered bvthe Authority. Shortly after that, the Florida Green Finance Authority sought to validate bonds for funding the energy retrofits and improvements that property owners could undertake. That bond validation was appealed tothe Florida Supreme Court, but that appeal was dismissed and the bonds ofthe Authority were upheld. This created amapproximately 18month delay inthe launch ofthe program. Toward the end of 2015, EooCity Partners, L3[, the company that won the competitive bid to administer the program was acquired bvRenew Financial, LLC. Renew Financial isone ofthe largest PACE providers in the U.S. and iacurrently working in ten (10) states on energy financing programs, they have processed over 100,000 applications for financing and have completed $650,000,000 in PACE and PACE -like financings to date. The program administered by the Florida Green Finance Authority is now called "RemevvPACE~ and has significantly more capacity, resources and is on a rapid track for success available in over 29 individual governments across eight (0) counties. To date, we have completed three (3) commercial PACE projects valued at $2.4 Million. Now with the bond validation appeal behind us, and significantly more administrative capacity, we are approaching full launch ufthe residential component ofour PACE program this summer. VVehave also added a strong consumer protection component to our program to address elderly participants, management of contractors, property eligibility, complaints and dispute resolution, consumer and data privacy and marketing ofthe program. Amendments to the Interlocal Agreement Attached please find astrike underline version ofthe Second Amended and Restated Interlocal Agreement ofthe Authority. The First Amended and Restated Interlocal Agreement was executed by the Towns of Lantana and Mangonia Part on August 11, 2014 at the same time we were pursuing our Page 103 of 1471 Finance Authority April 28, 2016 Ms. Lori LaVerriere City ofBoynton Beach City Manager 20]E.Boynton Beach Boulevard Boynton Beach, FL38435 Re: Florida Green Finance Authority Second Amended and Restated Interlocal Agreement Dear Member of the Florida Green Finance Authority: This provides an update on the Property Assessed Clean Energy ("PACE") program administered by the Florida Green Finance Authority ("Authority") and requests that you approve and adopt an Amendment tmthe Authority's Interlocal Agreement you previously signed. Just for review, PACE programs are authorized in Florida by Section 163.08, F.S. and provide funds to property owners to finance energy efficiency, renewable energy and wind resistance improvements. The funds are repaid through the property owner's tax bill and the program isentirely voluntary. Update on our PACE Pro In July 20I2, your local government signed on to an Interlocal Agreement 10 participate in the Florida Green Energy Works Program administered bvthe Authority. Shortly after that, the Florida Green Finance Authority sought to validate bonds for funding the energy retrofits and improvements that property owners could undertake. That bond validation was appealed tothe Florida Supreme Court, but that appeal was dismissed and the bonds ofthe Authority were upheld. This created amapproximately 18month delay inthe launch ofthe program. Toward the end of 2015, EooCity Partners, L3[, the company that won the competitive bid to administer the program was acquired bvRenew Financial, LLC. Renew Financial isone ofthe largest PACE providers in the U.S. and iacurrently working in ten (10) states on energy financing programs, they have processed over 100,000 applications for financing and have completed $650,000,000 in PACE and PACE -like financings to date. The program administered by the Florida Green Finance Authority is now called "RemevvPACE~ and has significantly more capacity, resources and is on a rapid track for success available in over 29 individual governments across eight (0) counties. To date, we have completed three (3) commercial PACE projects valued at $2.4 Million. Now with the bond validation appeal behind us, and significantly more administrative capacity, we are approaching full launch ufthe residential component ofour PACE program this summer. VVehave also added a strong consumer protection component to our program to address elderly participants, management of contractors, property eligibility, complaints and dispute resolution, consumer and data privacy and marketing ofthe program. Amendments to the Interlocal Agreement Attached please find astrike underline version ofthe Second Amended and Restated Interlocal Agreement ofthe Authority. The First Amended and Restated Interlocal Agreement was executed by the Towns of Lantana and Mangonia Part on August 11, 2014 at the same time we were pursuing our Page 103 of 1471 bond validation which was appealed. This document bprovided toyou for review and written approval. Now that the appeal has been dismissed and we are back on track to fully launch the program, we are asking that all participants approve and adopt the most recent version of the Interlocal Agreement. The changes reflect updates to make the program more flexible and the governance structure more workable. This also brings the Interlocal Agreement into compliance with recent statutory changes and importantly provides a geographically diverse, but representative Board composition. For convenience, strike underline revisions have been made tnthe following sections: p Section 4 modified to prohibit the Authority from providing services orconducting activities without both the execution of a Party Membership Agreement ("PMA") and passage of a resolution by the incoming jurisdiction(s); • Section 5(a)—added todefine Additional Parties; ° Section 5(g) modified the requirement to become a Party to the Interlocal Agreement to include execution of a PMA and passage of a resolution by the incoming jurisdiction(s); w Section 5Ul - modified to redefine the service area of the Authority as the geographic area comprising all ofthe jurisdictional boundaries ofall the Parties; m Section modified to allow limiting, expanding or more specifically designating the boundaries nfthe Authority service area inwriting byany nfthe member Parties; • Section 10 revised to include population diversity on the Board, at -large Directors on the Board, City and County Board representation; set Director term limits; define Officers and establish term limits and election procedures; require 30 -day written notice of Director resignation; and eliminate Board compensation; fu/the/ clarify the composition of the Authority Board of Supervisors and provide additional flexibility for quorum purposes; • Section 12 - revised to allow for the use of communications media technology (a» permitted by state law) inestablishing aquorum; m Section 13 revised to reflect that the administrative functions of the Authority are carried out by the third -party administrator in accordance with an Administrator Services Agreement and that the Authority may hire legal counsel asdesired; ° Section 17 revised to further reflect that neither the Interlocal Agreement nor the bonds issued for program furtherance constitute a general debt, liability or obligation of, or pledge of the faith and credit ofany other Party tnthe agreement. Further additions made clear that bond issuance does not obligate any Party to the agreement to levy or pledge any form of taxation or make any appropriations for their payment; • Section 23 — revised to reflect assignment of the third -party administrator agreement from the Authority toRenewable Funding LL[; • Section 28 revised to include a provision for filing the Interlocal Agreement insubsequent jurisdictions per their established processes; and * Section 31 amended to require ratification of a written document by at least 75% of the Parties to make changes, amendments, alterations or modifications tothe Interlocal Agreement terms and conditions. Your written approval of the Second Amended and Restated Interlocal Agreement is requested. For convenience, attached is draft Resolution for use in approving and adopting the revised Interlocal Agreement. Once passed, please provide the executed resolution acknowledging your approval and adoption of the Second Amended and Restated Interlocal Agreement to: 2 Page 104 of 1471 Florida Green Finance Authority c/o Special District Services, Inc. Z5U1Burns Roads, Suite A Palm Beach Gardens, FIL 33410 Please donot hesitate tocontact either myself at/561\586-7l16nr orDevesh Nirmul at (813) 230-7704 or diiirmul�'@renewfinancial.corn if you have questions. Erin Deady, Esq. Attachments Page 105 of 1471 SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT FORMING THE FLORIDA GREEN FINANCE AUTHORITY This Interlocal Agreement (the "Agreement") is entered into between the Town of Lantana, Florida, a Florida municipal corporation ("Lantana") the Town of Mangonia Park, Florida, a Florida municipal corporation, ("Mangonia Park") (together the "Originating Parties") and those additional cities and counties that have and hereafter execute a Party Membership Agreement as defined herein, (the "Additional Parties") and that altogether comprise the Florida Green Finance Authority (the "Authority"). RECITALS WHEREAS, Section 163.01, F.S., the "Florida Interlocal Cooperation Act of 1969," authorizes local government units to enter into interlocal agreements for their mutual benefit; and WHEREAS, Lantana and Mangonia Park with the Additional Parties desire to enter into this Interlocal Agreement in order to establish the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy conservation and efficiency improvements, and to provide additional services consistent with law; and WHEREAS, Section 163.08, F.S., provides that a local government may finance "qualifying improvements," including the type of improvements sought to be provided through this Agreement, via the levy and collection of voluntary non -ad valorem assessments on improved property; and WHEREAS, Sections 170.01, and 170.201, F.S. provide for supplemental and alternative methods of making local municipal improvements, including the type of "qualifying improvements" sought to be provided by this Agreement; and WHEREAS, pursuant to Sections 163.08, 170.01, and 170.201, F.S. and this Agreement, Lantana has created a "qualifying improvements" program entitled "RenewPACE"; and WHEREAS, Section 163.01(7), F.S., allows for the creation of a "separate legal or administrative entity" to carry out the purposes of an interlocal agreement for the mutual benefit of the governmental units, and provide for parties to the agreement to administer the agreement; and WHEREAS, pursuant to Section 163.01(4), F.S. a public agency of this state may exercise jointly with any other public agency of the state, any power, privilege or authority which such agencies share in common and which each might exercise separately, and the Parties to this Agreement have legislative authority over property within their jurisdictional boundaries; and WHEREAS, Section 166.021, F.S., authorizes municipalities to exercise any power for municipal purposes, except when expressly prohibited by law, and Section 125.01 F.S. grants counties the power to carry on county government to the extent not inconsistent with general or special law; and 1 Page 106 of 1471 WHEREAS, Section 163.08, F.S., provides that property retrofitted with energy-related "qualifying improvements" receives a special benefit from reduced energy consumption, benefits from the reduced potential for wind damage and assists in the fulfillment of the state's energy and hurricane mitigation policies; and WHEREAS, Lantana and Mangonia Park together with the Additional Parties have determined that it is necessary and appropriate to establish various obligations for future cooperation between themselves and the Authority related to the financing of qualifying improvements within the Authority; and WHEREAS, this Agreement shall be administered pursuant to the terms and conditions herein; and WHEREAS, Lantana, Mangonia Park and the Additional Parties have determined that it shall serve the public interest to enter into this Agreement to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual advantage to provide for the financing of qualifying improvements within the Authority. NOW, THEREFORE, in consideration of the terms and conditions, promises and covenants hereinafter set forth, the Originating Parties agree as follows: Section 1. Recitals Incorporated. The above recitals are true and correct and are hereby incorporated herein. Section 2. Purpose. The purpose of this Agreement is to provide the most economic and efficient means of implementing a financing program for qualifying improvements on property owners' lands within the Authority's Service Area and to provide additional services consistent with state law. Section 3. Creation of the Authority. By execution of this Interlocal Agreement there is hereby created, pursuant to Section 163.01, F.S. and Section 163.08, F.S., the Florida Green Finance Authority ("the Authority"), a separate legal entity and public body with all of the powers and privileges as defined herein. Section 4. Legal Authority/Consent to Serve the Authority. The Authority shall have all the powers, privileges and authority as set forth below and as provided by Chapter 163, F.S., as necessary to accomplish the purposes set forth in this Agreement. By resolution of the governing bodies of the Originating Parties and as subsequently resolved by the Additional Parties, all powers available to the Authority under this Agreement and general law, including but not limited to, Chapters 125, 163, 166, 170, 189 and 197, F.S. may be implemented by the Authority within the jurisdictional boundaries of all Parties. The Parties do hereby consent and agree to levy and collect voluntary non -ad valorem assessments on properties, either individually or collectively through the Authority as permitted by law, as may be more specifically designated from time -to - time within their respective jurisdictions in accordance with the purposes of this Agreement and applicable law, to be repaid to the Authority. The Parties may also delegate the power to the Authority to levy and collect voluntary non -ad valorem assessments on properties within their Page 107 of 1471 jurisdictions as permitted by law. The Authority shall not act, provide its services or conduct its activities within any Party's jurisdiction without the execution of this Agreement and passage of a Resolution within that jurisdiction. Section 5. Definitions. a. "Additional Parties" includes all cities and counties who execute a Party Membership Agreement to become part of the Authority. b. "Authority Board" shall be the governing body of the Authority, comprised of representatives from all Parties as defined herein. C. "RenewPACE Program" is the qualifying improvements program authorized by Section 163.08, F.S., developed by the third party administrator for Lantana and other Parties who elect to participate. d. "Interlocal Agreement" or "Agreement" is defined as this Agreement including any amendments and supplements executed in accordance with the terms herein. e. "Originating Parties" include the Florida local governments (as defined by Section 163.08, F.S.) that are the original signatories to this Agreement. These are the Towns of Lantana and Mangonia Park. f. "Participating Property Owner" is defined as a property owner whose property is located within the Service Area of the Authority and has voluntarily acquired financing from the Authority. g. "Parties" are any Florida local government (as defined by Section 163.08, F. S.) having the power to enter into interlocal agreements and which may, subject to the provisions of this Agreement, join in the efforts and activities provided for by this Agreement pursuant to Section 163.01, F.S. Any local government joining these efforts after the initial execution of this Agreement shall be known as an "Additional Party" or simply a "Party". To become a Party to this Agreement, a local government shall execute a Party Membership Agreement to the Florida Green Finance Authority in substantially similar form as the attached Exhibit B and passage of a Resolution within that jurisdiction. h. "Qualifying Improvements" are as defined in Section 163.08, F.S. in addition to any other improvements or services not inconsistent with state law. i. "Service Area" shall mean the geographic area comprising all of the jurisdictional boundaries of the Parties, except as such jurisdictional boundaries may be limited, expanded or more specifically designated, in writing with notice provided, from time to time by such Party or Parties, within the Florida Green Finance Authority as that area may be expanded or contracted in accordance with the provisions of this Agreement and the laws of the State of Florida. Section 6. Representation on the Authority Board. The Originating Parties, and all Additional Parties upon joining the Authority through execution of this Agreement, shall be represented by a member of the Authority Board as provided in Section 10 of this Agreement. Section 7. Authority Boundaries and Service Area. The boundaries of the Authority shall be the legal boundaries of the local governments that are Parties to this Agreement, which Page 108 of 1471 boundaries may be limited, expanded or more specifically designated, in writing with notice provided, from time to time by a Party. This is also the Authority's Service Area. Section 8. Role of the Authority. As contemplated in this Agreement, the Authority will uniformly facilitate and assist the Parties with any necessary actions to levy and collect voluntary non -ad valorem assessments, or other legally authorized form of collection, on the benefitted properties within the Authority's Service Area and with securing the repayment of costs of qualifying improvements for those individual properties participating in the RenewPACE Program. Upon approval by the Authority of an application by a landowner desiring to benefit their property, those properties receiving financing for Qualifying Improvements shall be assessed from time to time, in accordance with the applicable law and/or financing documents. Notwithstanding a local government's termination of participation within this Agreement, those properties that have received financing for Qualifying Improvements shall continue to be a part of the Authority, until such time that all outstanding debt has been satisfied and the special assessments shall continue to be levied until paid in full for the applicable benefitted property. Section 9. Powers of the Authority. The Authority shall exercise any or all of the powers granted under Sections 163.01, and 163.08, F.S., as well as powers, privileges or authorities which each local government might exercise separately, as may be amended from time to time, which include, without limitation, the following: a. To finance qualifying improvements within the Authority Service Area and to facilitate additional improvements or services consistent with law; including, but not limited to, acquiring, constructing, managing, maintaining or operating buildings, works or improvements; b. To make and enter into contracts in its own name; C. To enter into any interlocal agreement as necessary to exercise powers conferred by law; d. To appoint committees to assist with implementation of this Agreement; e. To employ agencies, employees, or consultants; f. To acquire, hold, lease or dispose of real or personal property; g. To borrow money, incur debts, liabilities, or obligations which shall not constitute the debts, liabilities, or obligations of the Originating Parties or any of the Parties to this Agreement; h. To levy and collect assessments, or assist in the levy and collection of assessments, either as the Authority or on behalf of a Party as permitted by law; i. To adopt resolutions and policies prescribing the powers, duties, and functions of the officers of the Authority, the conduct of the business of the Authority, and the maintenance of records and documents of the Authority; j. To maintain an office at such place or places as it may designate within the Service Area of the Authority or within the boundaries of a Party; k. To cooperate with or contract with other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by Section 163.08, F.S., and to accept funding from local and state agencies; 11 Page 109 of 1471 1. To exercise all powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized in Section 163.08, F. S.; M. To create and adopt any and all necessary operating procedures, policies, manuals or bylaws; n. To maintain insurance as the Authority deems appropriate; o. To apply for, request, receive and accept gifts, grants, or assistance funds from any lawful source to support any activity authorized under this Agreement; and P. To exercise any powers or duties necessary to address carbon or renewable energy credits, or any other similar commodity that may come into existence, for the public benefits of the program. Section 10. Authority Board. The Authority shall be governed by a seven (7) member Board of Directors. Only Parties, through their governing bodies, may appoint representatives to serve as an Authority Board Director. a. Initial Board Composition. The Initial Board shall be comprised of one Director appointed by the governing body of each Originating Party plus five (5) additional Directors to be appointed by the governing bodies of Additional Parties that join the Authority pursuant to paragraph b. l) below. Upon expiration of their terms as set forth in subparagraph c. of this section, the Initial Board seats shall be filled in the manner set forth below in subparagraph b. of this section. b. Rules of Appointment. To encourage broad geographical and diverse jurisdictional representation across the State, the Authority desires Directors from local governments both large and small, including cities and counties representative of the diverse participating regions from throughout the State of Florida. To the extent that their application is practical, in terms of being able to establish a quorum of Directors to conduct Authority business and in terms of the actual breadth of the Authority's Party membership at any given time, the following rules of appointment shall apply to the selection of Directors: 1) Geographic Diversity. To the extent that the Authority has party members in each such boundary area, and to the extent practical, one (1) Director shall be appointed from among the Parties located within the boundaries of each of the five (5) water management districts as defined in Chapter 373, F.S. Additionally, following the expiration of the Initial Board term limit, and to the extent practical, no more than three Directors from Parties located within the same water management district boundary should be seated to serve at the same time. 2) Population Diversity. To the extent practical, the Board shall include one Director from a Party having a population of 500,000 or more residents. To the extent practical, the Board shall also include one Director from a Party having a population of less than 20,000 residents. Page 110 of 1471 3) City and County Representation. To the extent practical, the Board shall be comprised of Directors representing at least three (3) cities and representing at least three (3) counties. 4) Originating Party Directors; At Large Directors. Each Originating Party is entitled to a permanent Director seat at all times. In the event that an Originating Party does not appoint its Director, such seat shall become an "at - large" seat. The Board may include up to two (2) At Large Directors. When an at -large Director seat is established and becomes available, any Party that does not already have a representative on the Board may nominate a representative to be considered for an At Large Director seat. At Large Director seats shall each be filled by majority vote of the other five (5) Directors. When selecting an At Large Director from among the representative nominees, the Board shall consider the geographic, population, and county/municipal factors stated in the Rules of Appointment, together with the Order of Appointment set forth in paragraph b.5) as well as any other factors that they believe to be relevant in order to achieve and/or maintain diversity on the Board. 5) Order of Appointment. As Additional Parties join the Authority, their governing body receives the right (but not the obligation) to appoint a Board member on a "first come -first served" basis, within the parameters of paragraphs b.1) through b.4) above. A Party who has a sitting Director may substitute that Director for another one from that local government jurisdiction any time upon notification to the Authority to serve out the remainder of a term. Each Party's right resets either after expiration of their Board Term, or after the Party is given the option of appointing a representative to the Board and chooses not to do so except for the Originating Party Directors as specified in paragraph b.4). 6) Expertise of Directors. Parties shall strive to appoint Directors with expertise in finance, administration and/or special assessments. c. Director Term Limits. All Board of Director terms shall be three (3) years. However, in the event that successor Directors are not appointed to serve pursuant to the parameters of paragraphs b.1) through b.4) above, then the term limited Director may serve additional terms until a successor is appointed at the end of any such additional term. d. Officers. The Board shall be governed by a Chair, a Vice Chair, a Secretary and a Treasurer. The Chair shall preside at meetings of the Authority, and shall be recognized as head of the Authority for service of process, execution of contracts and other documents as approved by the Authority. The Vice Chair shall act as Chair during the absence or disability of the Chair. The Secretary, which officer role may be delegated to a member of Staff, shall keep all meeting minutes and a record of all proceedings and acts of the Board and shall be responsible for ensuring that Board meeting minutes are distributed to all Directors and Parties in a reasonable time period after the subject meeting. The Treasurer, which officer role on Page 111 of 1471 may be delegated to a member of Staff, shall be responsible for managing and presenting the Authority Budget. The Chair and Vice -Chair shall be elected from the current Board membership and all officer terms shall be set as one (1) year terms and shall commence on October ls` of each year. The Board shall re -organize no later than September 30 for the subsequent fiscal year. e. Board Powers and Duties. The Authority Board shall act as the governing body of the Authority and shall have, in addition to all other powers and duties described herein, the following powers and duties: 1) To fix the time, and determine policies and orders of business for meetings, the place or places at which its meeting shall be held, and as set forth herein, to call and hold special meetings as may be necessary. 2) To make and pass policies, regulations, resolutions and orders not inconsistent with the Constitution of the United States or of the State of Florida, or the provisions of this Agreement, as may be necessary for the governance and management of the affairs of the Authority, for the execution of the powers, obligations and responsibilities vested in the Authority, and for carrying into effect the provisions of this Agreement. 3) To adopt bylaws or rules of procedure, or amend those initially adopted by the Originating Parties. 4) To fix the location of the principal place of business of the Authority and the location of all offices maintained thereunder. 5) To create any and all necessary offices in addition to Chair, Vice -Chair, Secretary and Treasurer; to establish the powers, duties and compensation of all employees or contractors; and to require and fix the amount of all non -ad valorem assessments and/or fees necessary to operate the RenewPACE Program. 6) To select and employ such employees and executive officers as the Authority Board deems necessary or desirable, and to set their compensation and duties. 7) To employ or hire such attorneys as it deems appropriate to provide legal advice and/or legal services to the Authority, and to employ and hire such other consultants as it deems appropriate through any procedure not inconsistent with law. 8) As applicable and available, nothing herein shall limit the Authority's ability to pursue actions or remedies pursuant to Chapter 120, F.S. f. Resignation. Any Director may resign from service upon providing at least thirty (30) days written notice pursuant to Section 27 of this Agreement, to the Authority Board Secretary. Such notice shall state the date said resignation shall take effect. Additionally, any Authority Board Director who is absent for three (3) Authority Board meetings within any given year, unless excused by majority vote of the Board, may, at the discretion of the Board, be deemed to have resigned from the Authority Board. Any Director who resigns shall be replaced in accordance with 7 Page 112 of 1471 the Rules of Appointment set forth in subparagraph (b) above. Any resigning Director shall immediately turn over and deliver to the Authority Board Secretary all records, books, documents or other Authority property in their possession or under their control. If extenuating circumstances require appointment of an interim Director necessary to enable the Authority to operate, an interim Director may be appointed by majority vote of the Authority Board until such time as a permanent successor can be seated. g. Board Compensation; Expenses. Authority Board Directors, as representatives of the local government Parties to this Agreement, shall serve without compensation. Reasonable travel or Authority -related expenses for Authority Board Directors shall be reimbursable as permitted by Florida law. Section 11. Meetings of the Authority Board. a. Within thirty (30) calendar days of the creation of the Authority, or sooner if feasible, the Originating Parties shall hold an organizational meeting to appoint officers and perform other duties as required under this Agreement. b. There shall be an Annual Meeting of the Authority. The annual statements shall be presented, and any other such matter as the Authority Board deems appropriate may be considered. C. The Authority Board shall have regular, noticed, quarterly meetings at such times and places as the Authority Board may designate or prescribe. In addition, special meetings may be called, from time to time, by the Authority Board Chair, or by a majority vote of the Authority Board. A minimum of 24 hours notice to the public and all Authority Board Directors shall be given for any special meetings. d. In the absence of specific rules of procedure adopted by the Authority Board for the conduct of its meetings, the fundamental principles of parliamentary procedure shall be relied upon for the orderly conduct of all Authority Board meetings. Section 12. Decisions of the Authority Board. A quorum of the Authority Board shall be required to be present at any meeting in order for official action to be taken by the Board. A majority of all Authority Board Directors shall constitute a quorum. A quorum may be established by both in person attendance and attendance through communications media technology, as allowed by state law, and pursuant to policy adopted by the Board. It is the desire and intent of this Agreement that decisions made by the Authority Board shall be by consensus of the Board. However, if a consensus is not achievable in any particular instance, then a majority vote of the quorum of the Authority Board shall be required to adopt any measure or approve any action, unless otherwise provided herein. Section 13. Authority Staff and Attorney. The Authority's administrative functions shall be carried out on a day-to-day basis by the Third -Party Administrator and its subcontractors in accordance with the Administration Services Agreement attached as Exhibit A, as it may be updated and amended from time to time noticed to all Parties to this Agreement. The Third -Party Administrator shall be delegated with all duties necessary for the conduct of the Authority's business and be delegated with the exercise of the powers of the Authority as provided in Section Page 113 of 1471 163.01 and Section 163.08, F.S. The Authority may a4&e hire legal counsel to serve as its General Counsel. Section 14. Authorized Official. The Authority Board Chair or its designee shall serve as the local official or designee who is authorized to enter into a financing agreement, pursuant to Section 163.08(8), F.S., with property owner(s) who obtain financing through the Authority. Section 15. Additional Parties. With the express goal of expanding to offer services to all Florida local governments, the Originating Parties to this Agreement support and encourage the participation of Additional Parties as contemplated herein. Section 16. Funding the Initial Program. Funding for the Authority shall initially be from grant funds or other funds acquired by the Originating Parties and/or Additional Parties. For the initial establishment of the Authority, contributions can be made to the Authority as permitted by law. Section 17. Debts of the Authority are Not Obligations of any Parties. Pursuant to Section 163.01(7), F.S. the Authority may exercise all powers in connection with the authorization, issuance, and sale of bonds or other legally authorized mechanisms of finance. Any debts, liabilities, or obligations of the Authority do not constitute debts, liabilities or obligations of the Originating Parties or any Additional Party to this Agreement. Neither this Agreement nor the bonds issued to further the program shall be deemed to constitute a general debt, liability, or obligation of or a pledge of the faith and credit of any other Party to this Agreement. The issuance of bonds as contemplated by this Agreement shall not directly, indirectly, or contingently obligate any Party to this Agreement to levy or to pledge any form of taxation whatsoever therefore, or to make any appropriation for their payment. Section 18. Annual Budget. a. Prior to the beginning of the Authority's fiscal year, the Authority Board will adopt an annual budget. Such budget shall be prepared in the manner and within the time period required for the adoption of a tentative and final budget for state governmental agencies pursuant to general law. The Authority's annual budget shall contain an estimate of receipts by source and an itemized estimation of expenditures anticipated to be incurred to meet the financial needs and obligations of the Authority. b. The adopted Budget shall be the operating and fiscal guide for the Authority for the ensuing Fiscal Year. C. The Board may from time to time amend the Budget at any duly called regular or special meeting. Section 19. Reports. a. Financial reports: The Authority shall provide financial reports in such form and in such manner as prescribed pursuant to this Agreement and Chapter 218, F.S. Both quarterly and annual financial reports of the Authority shall be completed in I Page 114 of 1471 accordance with generally accepted Government Auditing Standards by an independent certified public accountant. At a minimum, the quarterly and annual reports shall include a balance sheet, a statement of revenues, expenditures and changes in fund equity and combining statements prepared in accordance with generally accepted accounting principles. b. Operational reports: The Authority Board shall cause to be made at least once every year a comprehensive report of its operations including all matters relating to fees, costs, projects financed and status of all funds and accounts. C. Audits: The Authority shall be subject to, and shall cause to be conducted: (i) an independent financial audit and (ii) an independent performance audit performed in accordance with generally accepted accounting practices and as applicable by state law. d. Reports to be public records: All reports, as well as supporting documentation such as, but not limited to, construction, financial, correspondence, instructions, memoranda, bid estimate sheets, proposal documentation, back charge documentation, canceled checks, and other related records produced and maintained by the Authority, its employees and consultants shall be deemed public records pursuant to Chapter 119, F. S., and shall be made available for audit, review or copying by any person upon reasonable notice. Section 20. Bonds. The Authority Board is authorized to provide, from time to time, for the issuance of bonds, or other legally authorized form of finance, to pay all or part of the cost of qualifying improvements in accordance with law. Section 21. Schedule of Rates and Fees. a. Upon the creation of the Authority as set forth in this Agreement, the Authority Board shall establish a schedule of rates, fees or other charges for the purpose of making the Authority a self-sustaining district. There shall not be any obligation on the part of the Originating Parties or any Additional Parties for financing contributions. The Authority shall not be authorized to create or distribute a profit. This shall not, however, prevent the Authority from establishing reserves for unanticipated expenses or for future projects in keeping with sound, prudent and reasonable operation of the Program within industry standards or from fulfilling any other requirements imposed by bond financings, other financial obligations or law. Nor shall this prevent the Authority from incurring costs such as professional fees and other costs necessary to accomplish its purpose. The Authority Board shall fix the initial schedule of rates, fees or other charges for the use of and the services to operate the RenewPACE Program to be paid by each participating property owner consistent with Section 163.08(4), F.S. b. The Authority Board may revise the schedule of rates, fees or other charges from time to time; provided however, that such rates, fees or charges shall be so fixed and revised so as to provide sums, which with other funds available for such purposes, shall be sufficient at all times to pay the expenses of operating and maintaining the RenewPACE Program. This shall include any required reserves for such purposes, the principal of and interest on bonds, or other financing method, 10 Page 115 of 1471 as the same shall become due, and to provide a margin of safety over and above the total amount of any such payments, and to comply fully with any covenants contained in the proceedings authorizing the issuance of any bonds or other obligations of the Authority. C. The rates, fees or other charges set pursuant to this section shall be just and equitable and uniform for users and, where appropriate, may be based upon the size and scope of the financial obligation undertaken by a Participating Property Owner. All such rates, fees or charges shall be applied in a non -discretionary manner with respect to the Participating Property Owner's geographical location within the Authority's Service Area. No rates, fees or charges shall be fixed or subsequently amended under the foregoing provisions until after a public hearing at which all the potential participants in the Program, and other interested persons, shall have an opportunity to be heard concerning the proposed rates, fees or other charges. Notice of such public hearing setting forth the proposed schedule or schedules of rates, fees or other charges shall be provided in accordance with Chapter 163 and Chapter 197, F.S. d. The Authority shall charge and collect such rates, fees or other charges so fixed or revised, and such rates, fees and other charges shall not be subject to the supervision or regulation by any other commission, board, bureau, agency or other political subdivision or agency of the county or state. e. In the event that any assessed fees, rates or other charges for the services and financing provided by the Authority to Participating Property Owners shall not be paid as and when due, any unpaid balance thereof, and all interest accruing thereon, shall be a lien on any parcel or property affected or improved thereby. Pursuant to Section 163.08(8), F.S., such lien shall constitute a lien of equal dignity to county taxes and assessments from the date of recordation. In the event that any such fee, rate or charge shall not be paid as and when due and shall be in default for thirty (30) days or more, the unpaid balance thereof, and all interest accrued thereon, together with attorney's fees and costs, may be recovered by the Authority in a civil action, and any such lien and accrued interest may be foreclosed and otherwise enforced by the Authority by action or suit in equity as for the foreclosure of a mortgage on real property. Section 22. Disbursements. Disbursements made on behalf of the Authority shall be made by checks drawn on the accounts of the Authority. Section 23. Procurement; Program Implementation and Administration. The Authority shall be administered and operated by a Third Party Administrator ("TPA") who shall be responsible for providing services to the Authority for the design, implementation and administration of the RenewPACE Program. The Originating Parties and all Additional Parties understand and acknowledge, and the Town of Lantana represents and warrants that, the procurement for the initial TPA was performed in accordance with its adopted procurement procedures. Pursuant to said procurement procedures, "EcoCity Partners, L3C" was hired as the TPA. The "Florida Green Energy Works Program Administration Services Agreement" between Lantana and EcoCity Partners, L3C is attached hereto as Exhibit 1 and is hereby incorporated by 11 Page 116 of 1471 reference. The initial Florida Green Energy Works Program Administration Services Agreement, as amended, was assigned by the Authority to Renewable Funding LLC on March 10, 2016. Section 24. Term. This Interlocal Agreement shall remain in full force and effect from the date of its execution by the Originating Parties until such time as there is unanimous agreement of the Authority Board to dissolve the Authority. Notwithstanding the foregoing, dissolution of the Authority cannot occur unless and until any and all outstanding obligations are repaid; provided, however, that any Party may terminate its involvement and its participation in this Interlocal Agreement upon thirty (30) days' written notice to the other Parties. Should a Party terminate its participation in this Interlocal Agreement, be dissolved, abolished, or otherwise cease to exist, this Interlocal Agreement shall continue until such time as all remaining Parties agree to dissolve the Authority and all special assessments levied upon Participating Property Owners properties have been paid in full. Section 25. Consent. The execution of this Interlocal Agreement, as authorized by the government body of the Originating Parties and any Additional Party shall be considered the Parties' consent to the creation of the Authority as required by Sections 163.01 and 163.08, F.S. Section 26. Limits of Liability. a. All of the privileges and immunities from liability and exemptions from law, ordinances and rules which apply to municipalities and counties of this state pursuant to Florida law shall equally apply to the Authority. Likewise, all of the privileges and immunities from liability; exemptions from laws, ordinances and rules which apply to the activity of officers, agents, or employees of counties and municipalities of this state pursuant to Florida law shall equally apply to the officers, agents or employees of the Authority. b. The Originating Parties and all Additional Parties to this Agreement shall each be individually and separately liable and responsible for the actions of their own officers, agents and employees in the performance of their respective obligations under this Agreement pursuant to Chapters 768 and 163, F.S. and any other applicable law. The Parties may not be held jointly or severally liable for the actions of officer or employees of the Authority or by any other action by the Authority or another member of the Authority and the Authority shall be solely liable for the actions of its officers, employees or agents to the extent of the waiver of sovereign immunity or limitation on liability provided by Chapter 768, F.S. Except as may be otherwise specified herein, the Parties shall each individually defend any action or proceeding brought against their respective agency under this Agreement, and they shall be individually responsible for all of their respective costs, attorneys' fees, expenses and liabilities incurred as a result of any such claims, demands, suits, actions, damages and causes of action, including the investigation or the defense thereof, and from and against any orders, judgments or decrees which may be entered as a result thereof. The Parties shall each individually maintain throughout the term of this Agreement any and all applicable insurance coverage required by Florida law for governmental entities. Such liability is subject to the provisions of law, including the limits included in Section 12 Page 117 of 1471 768.28, F.S., which sets forth the partial waiver of sovereign immunity to which governmental entities are subject. It is expressly understood that this provision shall not be construed as a waiver of any right or defense that the parties have under Section 768.28, F.S. or any other statute. Section 27. Notices. Any notices to be given pursuant to this Interlocal Agreement shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or certified U.S. mail, return receipt requested, addressed to the Party for whom it is intended, at the place specified. The Originating Parties designate the following as the respective places for notice purposes: Lantana: Town Manager Town of Lantana 500 Greynolds Circle Lantana, Florida 33462 With a Copy to: Lohman Law Group, P.A. 601 Heritage Drive, Suites 232-232A Jupiter, FL 33458 Attn: R. Max Lohman, Esq. Mangonia Park: Town Manager Town of Mangonia Park 1755 East Tiffany Drive Mangonia Park, Florida 33407 With a Copy to: Corbett, White, Davis and Ashton, P.A. 1111 Hypoluxo Road, Suite 207 Lantana, FL 33462 Attn: Keith W. Davis, Esq. Section 28. Filing. It is agreed that this Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Palm Beach County, as required by Section 163.01(11), F.S., and may be filed in subsequent jurisdictions pursuant to the appropriate process of public -record filing in that particular jurisdiction. Section 29. Joint Effort. The preparation of this Interlocal Agreement has been a joint effort of the Parties hereto and the resulting document shall not, as a matter of judicial construction, be construed more severely against any one party as compared to another. Section 30. Execution in Counterparts. This Interlocal Agreement may be executed in counterparts which shall be in original form all of which, collectively, shall comprise the entire Interlocal Agreement. Section 31. Merger, Amendments. This Agreement incorporates and includes all prior negotiations, correspondence, agreements or understandings applicable to the matters contained 13 Page 118 of 1471 herein; and the Parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no change, amendment, alteration or modification in the terms and conditions contained in this Interlocal Agreement shall be effective unless contained in a written document that is ratified or approved by at least seventy-five (75%) of the Parties to this Interlocal Agreement, which ratification or approval shall be expressed in writing by such Party and delivered to the Authority in a form upon which the Authority can rely, and the Authority has made a finding to that effect in the manner specified in Section 12 of this Interlocal Agreement. Section 32. Assignment. The respective obligations of the Parties set forth in this Interlocal Agreement shall not be assigned, in whole or in part, without the written consent of the other Parties hereto. Section 33. Records. The Parties shall each maintain their own respective records and documents associated with this Interlocal Agreement in accordance with the requirements for records retention set forth in Florida law. Section 34. Compliance with Laws. In the performance of this Agreement, the Parties hereto shall comply in all material respects with all applicable federal and state laws and regulations and all applicable county and municipal ordinances and regulations. Section 35. Governing Law and Venue. This Interlocal Agreement shall be governed, construed and controlled according to the laws of the State of Florida. Venue for any claim, objection or dispute arising out of the terms of this Interlocal Agreement shall be proper exclusively in Palm Beach County, Florida. Section 36. Severability. In the event a portion of this Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective to the extent possible. Section 37. Effective Date and Joinder by Authority. This Interlocal Agreement shall become effective upon its execution by the Originating Parties. It is agreed that, upon the formation of the Authority, the Authority shall thereafter join this Interlocal Agreement and that the Authority shall thereafter be deemed a Party to this Interlocal Agreement. Section 38. No Third Part.. Rights. No provision in this Agreement shall provide to any person that is not a party to this Agreement any remedy, claim, or cause of action, or create any third -party beneficiary rights against any Party to this Agreement. Section 39. Access and Audits. Palm Beach County has established the Office of Inspector General in Article VIII of the Charter of Palm Beach County, as may be amended, which is authorized and empowered to review past, present and proposed county or municipal contracts, transactions, accounts and records. The Inspector General has the power to subpoena witnesses, administer oaths and require the production of records, and audit, investigate, monitor, and inspect 14 Page 119 of 1471 the activities of Palm Beach County, its officers, agents, employees, and lobbyists, as well as the activities of all municipalities in the county, and their officers, agents, employees, and lobbyists, in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interference or impeding any investigation shall be in violation of Chapter 2, Article XIII of the Palm Beach County Code of Ordinances. [Remainder of page intentionally left blank.] 15 Page 120 of 1471 IN WITNESS WHEREOF, the Originating Parties hereto have made and executed this Interlocal Agreement on this day of '2016. ATTEST: BY: Town Clerk (Affix Town Seal) Approved by Town Attorney as to form and legal sufficiency ATTEST: BY: Town Clerk (Affix Town Seal) Approved by Town Attorney as to form and legal sufficiency Town of Lantana, a municipal corporation of the State of Florida Town Manager Town Attorney Town of Mangonia Park, a municipal corporation of the State of Florida Town Manager Town Attorney 16 Page 121 of 1471 FUtST—SECOND AMENDED AND RESTATEDINTERLOCAL AGREEMENT FORMING THE FLORIDA GREEN FINANCE AUTHORITY -j This Interlocal Agreement (the "Agreement") is entered into between the Town of Lantana, Florida, a Florida municipal corporation ("Lantana") the Town of Mangonia Park, Florida, a Florida municipal corporation, ("Mangonia Park") (together the "Originating Parties" ; ") and those additional cities and counties that have and hereafter execute a Party Membership Agreement as defined herein, (the "Audditional Parties") and that altogether comprise the Florida Green Finance Authority (the "Authority"). RECITALS WHEREAS, Section 163.01, F.S., the "Florida Interlocal Cooperation Act of 1969," authorizes local government units to enter into interlocal agreements for their mutual benefit; and WHEREAS,- Lantana and Mangonia Park with the Audditional Parties desire to enter into this Interlocal Agreement in order to establish the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy conservation and efficiency improvements, and to provide additional services consistent with law; and WHEREAS, Section 163.08, F.S., provides that a local government may finance "qualifying improvements," including the type of improvements sought to be provided through this Agreement, via the levy and collection of voluntary non -ad valorem assessments on improved property; and WHEREAS, Sections 170.01, and 170.201, F.S. provide for supplemental and alternative methods of making local municipal improvements, including the type of "qualifying improvements" sought to be provided by this Agreement; and WHEREAS, pursuant to Sections 163.08, 170.01, and 170.201, F.S. and this Agreement, Lantana has created a "qualifying improvements" program entitled "RenewPACEF4ericd&-G+ee-ft R �r, �s"• and WHEREAS, Section 163.01(7), F.S., allows for the creation of a "separate legal or administrative entity" to carry out the purposes of an interlocal agreement for the mutual benefit of the governmental units, and provide for parties to the agreement to administer the agreement; and WHEREAS, pursuant to Section 163.01(4), F.S. a public agency of this state may exercise jointly with any other public agency of the state, any power, privilege or authority which such agencies share in common and which each might exercise separately, and the Parties to this Agreement have legislative authority over property within their jurisdictional boundaries; and 1 Page 122 of 1471 WHEREAS, Section 166.021, F.S., authorizes L n+an- an ant o 4ie+ municipalities to exercise any power for municipal purposes, except when expressly prohibited by law, and Section 125.01 F.S. grants counties the power to carry on county government to the extent not inconsistent with general or special law; and WHEREAS, Section 163.08, F.S., provides that property retrofitted with energy-related "qualifying improvements" receives a special benefit from reduced energy consumption, benefits from the reduced potential for wind damage and assists in the fulfillment of the state's energy and hurricane mitigation policies; and WHEREAS, Lantana and Mangonia Parkether with the Aadditional Parties have determined that it is necessary and appropriate to establish various obligations for future cooperation betweenhernselves; and the Authority related to the financing of qualifying improvements within the Authority; and WHEREAS, afttft shat adm�this �rt*M1 Agreement; shall be administered pursuant to the terms and conditions herein; and WHEREAS, Lantana-an4, Mangonia Park and the Audditional Parties have determined that it shall serve the public interest to enter into this Agreement to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual advantage to provide for the financing of qualifying improvements within the Authority. NOW, THEREFORE, in consideration of the terms and conditions, promises and covenants hereinafter set forth, the Originating Parties agree as follows: Section 1. Recitals Incorporated. The above recitals are true and correct and are hereby incorporated herein. Section 2. Purpose. The purpose of this Agreement is to provide the most economic and efficient means of implementing a financing program for qualifying improvements on property owners' lands within the Authority's Service Area and to provide additional services consistent with state law. Section 3. Creation of the Authority. By execution of this Interlocal Agreement there is hereby created, pursuant to Section 163.01, F.S. and Section 163.08, F.S., the Florida Green Finance Authority ("the Authority"), a separate legal entity and public body with all of the powers and privileges as defined herein. Section 4. Legal Authority/Consent to Serve the Authority. The Authority shall have all the powers, privileges and authority as set forth below and as provided by Chapter 163, F.S., as necessary to accomplish the purposes set forth in this Agreement. By resolution of the governing bodies of the Originating Parties and as subsequently resolved by the Audditional Parties, all powers available to the Authority under this Agreement and general law, including but not limited to, Chapters 125, 163, 166, 170, 189 and 197, F.S. may be implemented by the Authority within the jurisdictional boundaries of i t all Parties. The-44figinating Page 123 of 1471 Parties do hereby consent and agree to levy and collect voluntary non -ad valorem assessments on properties, either individually or collectively through the Authority as permitted by law, as ma be more specifically designated from time -to -time within their respective jurisdictions in accordance with the purposes of this Agreement and applicable law, to be repaid to the Authority. The r` Parties may also delegate the power to the Authority to levy and collect voluntary non -ad valorem assessments on properties within their jurisdictions as permitted by law. The Authority shall not act, provide its services or conduct its activities within any Party's jurisdiction without the execution of this Agreement and passage of a Resolution within that jurisdiction. Section 5. Definitions. a. "Additional Parties" includes all cities and counties who execute a Party Membership Agreement to become part of the Authority. "Authority Board" shall be the governing body of the Authority, comprised of representatives from all Parties as defined herein. Vic. enewPAGP ' Program" is the qualifying improvements program authorized by Section 163.08, F.S., developed by the third party administrator for Lantana and other Parties who elect to participate. e. d. "Interlocal Agreement" or "Agreement" is defined as this Agreement including any amendments and supplements executed in accordance with the terms herein. ®e. "Originating Parties" include the Florida local governments (as defined by Section 163.08, F.S.) that are the original signatories to this Agreement. These are the Towns of Lantana and Mangonia Park. f. "Participating Property Owner" is defined as a property owner whose property is located within the Service Area of the Authority and has voluntarily acquired financing from the Authority. ® "Parties" are any Florida local government (as defined by Section 163.08, F. S.) having the power to enter into interlocal agreements and which may, subject to the provisions of this Agreement, join in the efforts and activities provided for by this Agreement pursuant to Section 163.01, F.S. Any local government joining these efforts after the initial execution of this Agreement shall be known as an "A -additional Party" or simply a "Party". To bebecome a Party to this Agreement, a local government shall execute eta Party Membership Agreement to the Florida Green Finance Authority in substantially similar form as the attached Exhibit E and passage of a Resolution within that jurisdiction. ®h® "Qualifying Improvements" are as defined in Section 163.08, F.S. in addition to any other improvements or services not inconsistent with state law. i. "Service Area" shall mean the geographic area comprising all of the ar siurisdictional boundaries of the Parties. except as such jurisdictional boundaries may be limited, expanded or more specifically designated, in writing with notice provided, from time to time by such Party or Parties, within the Florida Green Finance Authority as that area may be expanded or contracted in accordance with the provisions of this Agreement and the laws of the State of Florida. Page 124 of 1471 Section 6. Representation on the Authority Board.- The Originating Parties, and all Audditional Parties upon joining the Authority through execution of this Agreement, shall be represented by a member of the Authority Board as provided in Section 10 of this Agreement. Section 7. Authority Boundaries and Service Area. The boundaries of the Authority shall be the legal boundaries of the local governments that are Parties to this Agreement., which boundaries may be limited, expanded or more specifically designated, in writing with notice provided, from time to time by a Party. This is also the Authority's Service Area. Section 8. Role of the Authority. As contemplated in this Agreement, the Authority will uniformly facilitate and assist thewith any necessary actions to levy and collect voluntary non -ad valorem assessments, or other legally authorized form of collection, on the benefitted properties within the Authority's Service Area &eeuf&and with securing the repayment of costs of qualifying improvements for those individual properties participating in the RenewPACERori a 16- ee _Fn ffg V" ate Program. Upon approval by the Authority of an application by a landowner desiring to benefit their property, those properties receiving financing for Qualifying Improvements shall be assessed from time to time, in accordance with the applicable law and/or financing documents. Notwithstanding a local government's termination of participation within this Agreement, those properties that have received financing for Qualifying Improvements shall continue to be a part of the Authority, until such time that all outstanding debt has been satisfied and the special assessments shall continue to be levied until paid in full for the applicable benefitted property. Section 9. Powers of the Authority. The Authority shall exercise any or all of the powers granted under Sections 163.01, and 163.08, F.S., as well as powers, privileges or authorities which each local government might exercise separately, as may be amended from time to time, which include, without limitation, the following: a. To finance qualifying improvements within the Authority Service Area and to facilitate additional improvements or services consistent with law; including, but not limited to, acquiring, constructing, managing, maintaining or operating buildings, works or improvements; b. To make and enter into contracts in its own name; C. To enter into any interlocal agreement as necessary to exercise powers conferred by law; d. To appoint committees to assist with implementation of this Agreement; e. To employ agencies, employees, or consultants; f. To acquire, hold, lease or dispose of real or personal property; g. To borrow money, incur debts, liabilities, or obligations which shall not constitute the debts, liabilities, or obligations of the Originating Parties or any of the Parties to this Agreement; h. To levy and collect assessments, or assist in the levy and collection of assessments, either as the Authority or on behalf of Party as permitted by law; 11 Page 125 of 1471 i. To adopt resolutions and policies prescribing the powers, duties, and functions of the officers of the Authority, the conduct of the business of the Authority, and the maintenance of records and documents of the Authority; j. To maintain an office at such place or places as it may designate within the Service Area of the Authority or within the boundaries of ti - Pa o a Party; k. To cooperate with or contract with other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by Section 163.08, F.S., and to accept funding from local and state agencies; 1. To exercise all powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized in Section 163.08, F. S.; M. To create and adopt any and all necessary operating procedures, policies, manuals or bylaws; n. To maintain insurance as the Authority deems appropriate; o. To apply for, request, receive and accept gifts, grants, or assistance funds from any lawful source to support any activity authorized under this Agreement; and P. To exercise any powers or duties necessary to address carbon or renewable energy credits, or any other similar commodity that may come into existence, for the public benefits of the program. Page 126 of 1471 In the manner set forth below In subparagraph b. of this section. fr- 1) Geographic Diversity. To the extent that the Authority has party members In each such boundary area, and to the extent practical, one (1) Director shall be lthln the boundaries of each of the five (5) water management districts as defined In Chapter 373, F.S. Additionally, following the expiration of the Initial Board terra limit, and to the extent practical, no more than three Directors from Parties located within the same water management district boundary should be seated to serve at the same time. 2) Population Diversity. To the extent practical , the Board shall include one Director from a Party having a population of 500,000 or more residents. To the extent practical , the Board shall also include one Director from a Party having a population of less than 20,000 residents. 3) City and County Representation. To the extent practical , the Board shall be comurlsed of Directors renresentlnLy at least three (3) cities and representing at least three (3) counties. Page 127 of 1471 rorif n y ^ „a factors that they believe to be relevant in order to achieve and/or maintain diversity on the Board. 6) Expertise of Directors. Parties shall strive to appoint Directors with expertise in finance, administration and/or special assessments. �® Director Term Limits. Ofi- °gn ' d® Officers. The Board shall be governed by a Chair, a Vice Chair, a Secretary=And a Treasurer. The Chair shall preside at meetings of the Authority, and shall be recognized as head of the Authority for service of process, execution of contracts and other documents as approved by the Authority. The Vice Chair shall act as Chair during the absence or disability of the Chair. The Secretary, which officer role may be delegated to a member of Staff, shall keep all meeting minutes and a record of all proceedings and acts of the Board fi+ut n=�� and shall be responsible for ensuring that Board meeting minutes are distributed to all Directors and Parties in a reasonable time period after the subject meeting. The Treasurer, which officer role may be delegated to a member of Staff, shall be responsible for mana,inz and presentinz the Authority Bud et. The Chair and Vice -Chair shall be 7 Page 128 of 1471 l To fix the time, and determine policies and orders of business for meetings, the place or places at which its meeting shall be held, and as set forth herein, to call and hold special meetings as may be necessary. ®2) To make and pass policies, regulations, resolutions and orders not inconsistent with the Constitution of the United States or of the State of Florida, or the provisions of this Agreement, as may be necessary for the governance and management of the affairs of the Authority, for the execution of the powers, obligations and responsibilities vested in the Authority, and for carrying into effect the provisions of this Agreement. 3) To adopt bylaws andor rules of procedure, or amend those f f Y < b initially adopted by the Originating Parties. ®) To fix the location of the principal place of business of the Authority and the location of all offices maintained thereunder. ®5) To create any and all necessary offices in addition to Chair, Vice -Chair -and, Secretary and Treasurer; to establish the powers, duties and compensation of all employees or contractors; and to require and fix the amount of all non -ad valorem assessments and/or fees necessary to operate the RenewPACF G fe eft—E , �,�., �- Program. C To select and employ such employees and executive officers as the Authority Board deems necessary or desirable, and to set their compensation and duties. ®7) To employ or hire such attorneys as it deems appropriate to provide legal advice and/or legal services to the Authority, and to employ and hire such other consultants as it deems appropriate through any procedure not inconsistent with law. 8)® As applicable and available, nothing herein shall limit the Authority's ability to pursue actions or remedies pursuant to Chapter 120, F.S. Page 129 of 1471 Section 11. Meetings of the Authority Board. a. Within thirty (30) calendar days of the creation of the Authority, or sooner if feasible, the Originating Parties shall hold an organizational meeting to a oint officers and perform other duties as required under this Agreement. b .ate, plaee a tfffle as a a Tthere shall be an Annual Meeting of the Authority. The annual statements shall be presented, and any other such matter as the Authority Board deems appropriate may be considered. C. The Authority Board shall have regular, noticed, quarterly meetings at such times and places as the Authority Board may designate or prescribe. In addition, special meetings may be called, from time to time, by the Authority Board Chair, or by a majority vote of the Authority Board. A minimum of 24 hours notice to the public and all Authority Board Directors shall be given for any special meetings. d. In the absence of specific rules of procedure adopted by the Authority Board for the conduct of its meetings, the fundamental principles of parliamentary procedure shall be relied upon for the orderly conduct of all Authority Board meetings. Section 12. Decisions of the Authority Board. A quorum of the Authority Board shall be required to be present at any meeting in order for official action to be taken by the Board. -A majority of all Authority Board Directors shall constitute a quorum. A quorum may be established by both in person attendance and attendance through communications media technolo, as y allowed by state law, and pursuant to policy adopted by the Board. It is the desire and intent of I Page 130 of 1471 this Agreement that decisions made by the Authority Board shall be by consensus of the Board. However, if a consensus is not achievable in any particular instance, then a majority vote of the quorum of the Authority Board shall be required to adopt any measure or approve any action, unless otherwise provided herein. Section 15. ��Additional Parties.&��M ith the benefit tt4e fafffia6euexpressgoal of ¢' M1 ^ .,*° f<= r., �� g ' ' expanding to offer services to all Florida local governments, the Originating Parties to this Agreement support and encourage the participation of tAudditional Parties as contemplated herein. Section 16. Funding the Initial Program. Funding for the Authority shall initially be from grant funds or other funds acquired by the Originating Parties and/orto-additional Parties. For the initial establishment of the Authority, contributions can be made to the Authority as permitted by law. Section 17. Debts of the Authority are Not Obligations of any Parties. Pursuant to Section 163.01(7), F.S. the Authority may exercise all powers in connection with the authorization, issuance, and sale of bonds or other legally authorized mechanisms of finance. T.—lowM1E=M1 yAn debts, liabilities, or obligations of the Authority do not constitute debts, liabilities or obligations of the Originating Parties or any Agreement. Neither this Agreement nor the bonds issued to further the pram shall be deemed to constitute a general debt, liability, or obligation of or a pledge of the faith and credit oLqpy other Party to this Agreement. The issuance of bonds as contemplated by this Agreement shall not directly, indirectly, or contingently obligate any Party to this Agreement to levy or to pledge -any form of taxation whatsoever therefore, or to make any ppropriation for their payment. Section 18. Annual Budget. a. Prior to the beginning of the Authority's fiscal year, the Authority Board will adopt an annual budget. Such budget shall be prepared in the manner and within the time period required for the adoption of a tentative and final budget for state 10 Page 131 of 1471 governmental agencies pursuant to general law. The Authority's annual budget shall contain an estimate of receipts by source and an itemized estimation of expenditures anticipated to be incurred to meet the financial needs and obligations of the Authority. b. The adopted Budget shall be the operating and fiscal guide for the Authority for the ensuing Fiscal Year. C. The Board may from time to time amend the Budget at any duly called regular or special meeting. Section 19. Reports. a. Financial reports: The Authority shall provide financial reports in such form and in such manner as prescribed pursuant to this Agreement and Chapter 218, F.S. Both quarterly and annual financial reports of the Authority shall be completed in accordance with generally accepted Government Auditing Standards by an independent certified public accountant. At a minimum, the quarterly and annual reports shall include a balance sheet, a statement of revenues, expenditures and changes in fund equity and combining statements prepared in accordance with generally accepted accounting principles. b. Operational reports: The Authority Board shall cause to be made at least once every year a comprehensive report of its operations including all matters relating to fees, costs, projects financed and status of all funds and accounts. C. Audits: The Authority shall be subject to, and shall cause to be conducted: (i) an independent financial audit and (ii) an independents--,a<<,r performance audit performed in accordance with generally accepted accounting practices and as applicable by state law. d. Reports to be public records: All reports, as well as supporting documentation such as, but not limited to, construction, financial, correspondence, instructions, memoranda, bid estimate sheets, proposal documentation, back charge documentation, canceled checks, and other related records produced and maintained by the Authority, its employees and consultants shall be deemed public records pursuant to Chapter 119, F. S., and shall be made available for audit, review or copying by any person upon reasonable notice. Section 20. Bonds. The Authority Board is authorized to provide, from time to time, for the issuance of bonds, or other legally authorized form of finance, to pay all or part of the cost of qualifying improvements in accordance with law. 11 Page 132 of 1471 Section 21. Schedule of Rates and Fees. a. Upon the creation of the Authority as set forth in this Agreement, the Authority Board shall establish a schedule of rates, fees or other charges for the purpose of making the Authority a self-sustaining district. There shall not be any obligation on the part of the Originating Parties or anyto-additional Parties for financing contributions. The Authority shall not be authorized to create or distribute a profit. This shall not, however, prevent the Authority from establishing reserves for unanticipated expenses or for future projects in keeping with sound, prudent and reasonable operation of the Program within industry standards or from fulfilling any other requirements imposed by bond financings, other financial obligations or law. Nor shall this prevent the Authority from incurring costs such as professional fees and other costs necessary to accomplish its purpose. The Authority Board shall fix the initial schedule of rates, fees or other charges for the use of and the services to operate the RenewPACEF4o+4d G-ree Program to be paid by each participating property owner consistent with Section 163.08(4), F.S. b. The Authority Board may revise the schedule of rates, fees or other charges from time to time; provided however, that such rates, fees or charges shall be so fixed and revised so as to provide sums, which with other funds available for such purposes, shall be sufficient at all times to pay the expenses of operating and maintaining the RenewPACEF4&fi aft ' ee Effi efgt NV-&t;&s- Program. This shall include any required reserves for such purposes, the principal of and interest on bonds, or other financing method, as the same shall become due, and to provide a margin of safety over and above the total amount of any such payments, and to comply fully with any covenants contained in the proceedings authorizing the issuance of any bonds or other obligations of the Authority. C. The rates, fees or other charges set pursuant to this section shall be just and equitable and uniform for users and, where appropriate, may be based upon the size and scope of the financial obligation undertaken by a Participating Property Owner. All such rates, fees or charges shall be applied in a non -discretionary manner with respect to the Participating Property Owner's geographical location within the Authority's Service Area. No rates, fees or charges shall be fixed or subsequently amended under the foregoing provisions until after a public hearing at which all the potential participants in the Program, and other interested persons, shall have an opportunity to be heard concerning the proposed rates, fees or other charges. Notice of such public hearing setting forth the proposed schedule or schedules of rates, fees or other charges shall be provided in accordance with Chapter 163 and Chapter 197, F.S. d. The Authority shall charge and collect such rates, fees or other charges so fixed or revised, and such rates, fees and other charges shall not be subject to the supervision or regulation by any other commission, board, bureau, agency or other political subdivision or agency of the county or state. e. In the event that any assessed fees, rates or other charges for the services and financing provided by the Authority to Participating Property Owners shall not be paid as and when due, any unpaid balance thereof, and all interest accruing thereon, 12 Page 133 of 1471 shall be a lien on any parcel or property affected or improved thereby. Pursuant to Section 163.08(8), F.S., such lien shall constitute a lien of equal dignity to county taxes and assessments from the date of recordation. In the event that any such fee, rate or charge shall not be paid as and when due and shall be in default for thirty (30) days or more, the unpaid balance thereof, and all interest accrued thereon, together with attorney's fees and costs, may be recovered by the Authority in a civil action, and any such lien and accrued interest may be foreclosed and otherwise enforced by the Authority by action or suit in equity as for the foreclosure of a mortgage on real property. Section 22. Disbursements. Disbursements made on behalf of the Authority shall be made by checks drawn on the accounts of the Authority. Section 23. Procurement; Program Implementation and Administration. The Authority shall be administered and operated by a Third Party Administrator ("TPA") who shall be responsible for providing services to the Authority for the design, implementation and administration of the RenewPACE id&4rv`fee E= fee�T„ate Program. The Originating Parties and all i Audditional Parties understand andacknowledge, and the Town of Lantana represents and warrants that, the procurement for the initial TPA was performed -4y � in accordance with its adopted procurement procedures. Pursuant to said procurement procedures, "EcoCity Partners, L3C” washas '^M1M1f^ hired as the TPA. The "Florida Green Energy Works Program Administration Services Agreement" between Lantana and EcoCity Partners, L3C is attached hereto as Exhibit 1 and is hereby incorporated by reference. Thel3 �,., , initial Florida Green Energy Works Program Administration Services Agreement, as amended, was-` assigned by L af,tftf,& t„ the Authority to Renewable Funding LLC on ,March 10, 2016.apA shall be e*eeuted and assumed by the Section 24. Term. This Interlocal Agreement shall remain in full force and effect from the date of its execution by the Originating Parties until such time as there is unanimous agreement of the Authority Board to dissolve the Authority. Notwithstanding the foregoing, dissolution of the Authority cannot occur unless and until any and all outstanding obligations are repaid; provided, however, that any Party may terminate its involvement and its participation in this Interlocal Agreement upon thirty (30) days' written notice to the other Parties. Should a Party terminate its participation in this Interlocal Agreement, be dissolved, abolished, or otherwise cease to exist, this Interlocal Agreement shall continue until such time as all remaining Parties agree to dissolve the Authority and all special assessments levied upon Participating Property Owners properties have been paid in full. Section 25. Consent. The execution of this Interlocal Agreement, as authorized by the government body of the Originating Parties and any Additional Party shall be considered the Parties' consent to the creation of the Authority as required by Sections 163.01 and 163.08, F.S. Section 26. Limits of Liability. 13 Page 134 of 1471 a. All of the privileges and immunities from liability and exemptions from law, ordinances and rules which apply to municipalities and counties of this state pursuant to Florida law shall equally apply to the Authority. Likewise, all of the privileges and immunities from liability; exemptions from laws, ordinances and rules which apply to the activity of officers, agents, or employees of counties and municipalities of this state pursuant to Florida law shall equally apply to the officers, agents or employees of the Authority. b. The Originating Parties and allto-additional Parties to this Agreement shall each be individually and separately liable and responsible for the actions of their own officers, agents and employees in the performance of their respective obligations under this Agreement pursuant to Chapters 768 and 163, F.S. and any other applicable law. The Parties may not be held jointly or severally liable for the actions of officer or employees of the Authority or by any other action by the Authority or another member of the Authority and the Authority shall be solely liable for the actions of its officers, employees or agents to the extent of the waiver of sovereign immunity or limitation on liability provided by Chapter 768, F.S. Except as may be otherwise specified herein, the Parties shall each individually defend any action or proceeding brought against their respective agency under this Agreement, and they shall be individually responsible for all of their respective costs, attorneys' fees, expenses and liabilities incurred as a result of any such claims, demands, suits, actions, damages and causes of action, including the investigation or the defense thereof, and from and against any orders, judgments or decrees which may be entered as a result thereof. The Parties shall each individually maintain throughout the term of this Agreement any and all applicable insurance coverage required by Florida law for governmental entities. Such liability is subject to the provisions of law, including the limits included in Section 768.28, F.S., which sets forth the partial waiver of sovereign immunity to which governmental entities are subject. It is expressly understood that this provision shall not be construed as a waiver of any right or defense that the parties have under Section 768.28, F.S. or any other statute. Section 27. Notices. Any notices to be given pursuant to this Interlocal Agreement shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or certified U.S. mail, return receipt requested, addressed to the Party for whom it is intended, at the place specified. The Originating Parties designate the following as the respective places for notice purposes: Lantana: Town Manager Town of Lantana 500 Greynolds Circle Lantana, Florida 33462 14 Page 135 of 1471 With a Copy to: Lohman Law, CJrotipGoFbett „„4a NV4+ ,-, P.A. 601 Heritage Drive, � � � � �-�<_�°"��>�� '��<� Suites 232- _ -o, g - 232A Ju iter , FL 3345862 Attn: R. Max Lohman i4V'`' *4s, Esq. Mangonia Park: Town Manager Town of Mangonia Park 1755 East Tiffany Drive Mangonia Park, Florida 33407 With a Copy to: Corbett, White, ftfta NV44t-°Davis and Ashton, P.A. 1111 Hypoluxo Road, Suite 207 Lantana, FL 33462 Attn: Keith W. Davis, Esq. Section 28. Filing. It is agreed that this Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Palm Beach County, as required by Section 163.01(11), F.S., and may be filed in subsequent jurisdictions pursuant to the appropriate process of public -record filing in that particular jurisdiction. Section 29. Joint Effort. The preparation of this Interlocal Agreement has been a joint effort of the Parties hereto and the resulting document shall not, as a matter of judicial construction, be construed more severely against any one party as compared to another. Section 30. Execution in Counterparts. This Interlocal Agreement may be executed in counterparts which shall be in original form all of which, collectively, shall comprise the entire Interlocal Agreement. Section 31. Merger, n *4iertAmendments. This Agreement incorporates and includes all prior negotiations, correspondence, agreements or understandings applicable to the matters contained herein; and the Parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no change, amendment, alteration or modification in the terms and conditions contained in this Interlocal Agreement shall be effective unless contained in a written document ^ gf eeffient that is ratified ora proved by at least seventy-five (75%) of the Parties to this Interlocal Agreement, which ratification or approval shall be expressed in writing by such Party and delivered to the Authority in a form upon which the Authority can rely, and the Authority has made a finding to that effect in the manner specified in Section 12 of this Interlocal Agreement. Section 32. Assignment. The respective obligations of the Parties set forth in this Interlocal Agreement shall not be assigned, in whole or in part, without the written consent of the other Parties hereto. 15 Page 136 of 1471 Section 33. Records. The Parties shall each maintain their own respective records and documents associated with this Interlocal Agreement in accordance with the requirements for records retention set forth in Florida law. Section 34. Compliance with Laws. In the performance of this Agreement, the Parties hereto shall comply in all material respects with all applicable federal and state laws and regulations and all applicable county and municipal ordinances and regulations. Section 35. Governing Law and Venue. This Interlocal Agreement shall be governed, construed and controlled according to the laws of the State of Florida. Venue for any claim, objection or dispute arising out of the terms of this Interlocal Agreement shall be proper exclusively in Palm Beach County, Florida. Section 36. Severability. In the event a portion of this Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective to the extent possible. Section 37. Effective Date and Joinder by Authority. This Interlocal Agreement shall become effective upon its execution by the Originating Parties. It is agreed that, upon the formation of the Authority, the Authority shall thereafter join this Interlocal Agreement and that the Authority shall thereafter be deemed a Party to this Interlocal Agreement. Section 38. No Third Part.. Rights. No provision in this Agreement shall provide to any person that is not a party to this Agreement any remedy, claim, or cause of action, or create any third -party beneficiary rights against any Party to this Agreement. Section 39. Access and Audits. Palm Beach County has established the Office of Inspector General in Article VIII of the Charter of Palm Beach County, as may be amended, which is authorized and empowered to review past, present and proposed county or municipal contracts, transactions, accounts and records. The Inspector General has the power to subpoena witnesses, administer oaths and require the production of records, and audit, investigate, monitor, and inspect the activities of Palm Beach County, its officers, agents, employees, and lobbyists, as well as the activities of all municipalities in the county, and their officers, agents, employees, and lobbyists, in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interference or impeding any investigation shall be in violation of Chapter 2, Article XIII of the Palm Beach County Code of Ordinances. _[Remainder of page intentionally left blank.] 16 Page 137 of 1471 IN WITNESS WHEREOF, the Originating Parties hereto have made and executed this Interlocal Agreement on this day of , 20162. ATTEST: BY: Town Clerk (Affix Town Seal) Approved by Town Attorney as to form and legal sufficiency ATTEST: BY: Town Clerk (Affix Town Seal) Approved by Town Attorney as to form and legal sufficiency Town of Lantana, a municipal corporation of the State of Florida Town Manager Town Attorney Town of Mangonia Park, a municipal corporation of the State of Florida 17 Town Manager Town Attorney Page 138 of 1471 1 2 3 4 5 6 7 9 1b 11 �2 3 14 I$ �4 21 �3 11! 32 RESOLUTION NO. R12-057 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE CITY'S PARTICIPATION IN THE INTERLOCAL AGREEMENT BETWEEN THE TOWN OF LANTANA, FLORIDA; THE TOWN OF MANGONIA PARK, FLORIDA; AND THE FLORIDA GREEN FINANCE AUTHORITY AS A MEANS OF IMPLEMENTING AND FINANCING THE "FLORIDA GREEN ENERGY WORKS PROGRAM", A VOLUNTARY PROGRAM PROVIDING PROPERTY OWNERS WITH THE OPPORTUNITY TO FINANCE ENERGY EFFICIENCY IMPROVEMENTS ON THEIR PROPERTIES BY REPAYMENT THROUGH NON AD -VALOREM ASSESSMENTS ON THEIR PROPERTY TAX BILL; A QUALIFYING IMPROVEMENTS PROGRAM FOR ENERGY CONSERVATION AND EFFICIENCY IMPROVEMENTS FOR COMMERCIAL PROPERTIES THROUGH PROPERTY ASSESSED CLEAN ENERGY (PACE); APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE PARTY MEMBERSHIP AGREEMENT TO THE FLORIDA GREEN FINANCE AUTHORITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, A growing number of existing buildings within the City do not meet today's energy efficiency standards, nor do many existing buildings have renewable energy systems and many buildings are in need of improvements to protect them against damage from storm events; and WHEREAS, installing energy efficiency, renewable energy and wind resistance improvements on existing structures can provide significant progress towards increased i energy conservation and protection of properties in the City of Boynton Beach; and WHEREAS, the upfront costs of these improvements are a hurdle to installing them and existing financing options may be insufficient for property owners to access cost- effective financing for energy-saving or wind -resistance property improvements due to requirements associated with traditional debt or equity financing options; and Document in Windows Internet Explorer 1 Page 139 of 141 1 2 3 4 5 7 9 1m 1� WHEREAS, Section 163.08, F.S. authorizes local governments in Florida to either form individual programs, or partner with other local governments to allow property owners to voluntarily finance energy efficiency, renewable energy or wind resistance improvements; and WHEREAS, the Town of Lantana has, pursuant to Section 163.08, F.S., created the Florida Green Energy Works program which is a voluntary program that provides property owners with the opportunity to finance energy efficiency improvements on their property by repayment through non -ad valorem special assessments on their property tax bill; and WHEREAS, the Towns of Lantana and Mangonia Park have formed the Florida Green Finance Authority to administer the Florida Green Energy Works program; and WHEREAS, other local governments in the State are able to partner in the Florida 3 Green Energy Works program by executing a Party Membership Agreement to join the Florida Green Finance Authority, thus eliminating the cost to form an energy financing program by the individual local governments; and WHEREAS, the Florida Green Energy Works program will provide significant i benefits including property owner cost savings, enhanced property values; and economic development and job opportunities; and WHEREAS, the City Commission of the City of Boynton Beach believes that it is in the best interests of the health, safety and welfare of its citizens to join the Florida Green Finance Authority and participate in the Florida Green Energy Works program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Document in Windows Internet Explorer I i 2 Page 140 of 1471 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2 being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves membership by the City of Boynton Beach in the Florida Green Finance Authority to administer the Florida Green Energy Works program. The City Commission hereby approves the City joining as party to the Interlocal Agreement, dated June 11, 2012, to become a member of the Florida Green Finance Authority. A copy of the Interlocal Agreement is attached as Exhibit A for reference purposes. Section 3. The City Commission hereby authorizes the Mayor to execute that certain Party Membership Agreement attached as Exhibit B, along with any other documents necessary to implement the Florida Green Energy Works program with administration by the Authority and to achieve these purposes Section 4. This Resolution shall become effective immediately upon passage. Document in Windows Internet Explorer i I i f 3 i Page 141 of 1471 1 2 PASSED AND ADOPTED this 3`d day of July, 2012. 3 4 5 i 110 1 �1� 1�1` 1� 1� 1� { 1 ATTEST: 1� 20 uj 21: Jan M. Prainito, MMC 2�2I y Clerk 2; 2 ( eal) 2� Document in Windows Internet Explorer CITY OF BOYNTON BEACH, FLORIDA 1121, -Commissioner — Marlene Ross 4 Page 142 of 1471 Party Membership Agreement To The Florida Green Finance Authority WHEREAS, Section 163.01, F.S., the "Florida Interlocal Cooperation Act of 1969," authorizes local government units to enter into interlocal agreements for their mutual benefit; and WHEREAS, the Town of Lantana, Florida, a Florida municipal corporation ("Lantana") and the Town of Mangonia Park, Florida, a Florida municipal corporation, ("Mangonia Park") entered into an Interlocal Agreement, dated June 11, 2012, establishing the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy conservation and efficiency improvements, and to provide additional services consistent with law; and WHEREAS, the City of Boynton Beach desires to become a member of the Florida Green Finance Authority in order to facilitate the financing of qualifying improvements for energy conservation for those businesses located within the City. NOW, THEREFORE, it is agreed as follows: 1. The Interlocal Agreement between the Florida Green Finance Authority, the Town of Lantana and the Town of Mangonia Park, entered into on June 11, 2012 (the "Interlocal Agreement"), for the purpose of facilitating the financing of qualifying improvements for energy conservation and efficiency through the levy and collection of voluntary non -ad valorem assessments on improved property is hereby supplemented and amended on the date last signed below by this Party Membership Agreement, which is hereby fully incorporated into the Interlocal Agreement. 2. The Florida Green Finance Authority, together with its member Parties and the City of Boynton Beach, with the intent to be bound thereto, hereby agree that the City of Boynton Beach shall become a Party to the Interlocal Agreement together with all of the rights and obligations of Parties to the Interlocal Agreement. 3. The Service Area of the Florida Green Finance Authority shall include the legal boundaries of the City of Boynton Beach. 4. The City of Boynton Beach hereby agrees to appoint a representative to serve as an Authority Board Director serving an initial term of three (3) years. All Parties acknowledge that the remaining Directors will each be appointed by the governing body from each requisite water management district boundary area that joins the Authority through execution of this Agreement and that desires to serve as a Director. 5. The City of Boynton Beach designates the following as the respective place for any notices to be given pursuant to the Interlocal Agreement Section 27: Page 143 of 1471 Boynton Beach: Lori LaVerriere Interim City Manager 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 With a copy to: James A. Cherof, Esquire City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Boulevard, Ste. 200 Ft. Lauderdale, FL 33308 •re I =_I w -1-j 0 P my I= PIPE I 'u-Inwi %g r, R g 1, 9 IN WITNESS WHEREOF, the Parties hereto subscribe their names to this Interlocal Agreement by their duly authorized officers. ATTEST By: Secretary of the Authority rokstomme 11wistes wscglwlq oil CV199036 B -J - Jane 'MlPtainito, MMC, City Clerk (CitySeal) f. Approved as t4 forp and legal sufficiency By: James X Cherof, Vity Attorney The Florida Green Finance Authority, a separate legal entity established pursuant to Section 163.01(7), Florida Statutes 0 Chair of the Authority City of Boynton Beach, a municipal corporation of the State of Florida B y: . A L e � A-4- Woodrow L. Tllaiy,M�ayd� Page 144 of 1471 The City of Boynton Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742-6060 FAX: (561) 742-6090 e-mail: prainitqj@bbfl.us www.boynton-beach.org Florida Green Finance Authori Attention: Board Chair 500 Greynolds Circle Lantana, Fl 334623 Re: Resolution R12-057 Party Membership Agreement to the Florida Green Finance Authority I 11150MVITA OUR I C4 W -MI (@T 9 9 M Attached for your handling is a partially executed agreement and a copy of t1. Resolution mentioned above. Once the agreement has been signed, please return TIMI - original to the City Clerk's Office for Central File. 11131T I F � 1 117 1 SUM, I xiw&jji �6i � -i t M. Pri t M. Prainito, MMC City Clerk RP S:\CC\WP\AFTER COMMISSION \Other Transmittal Letters After Commission \2012 \R12-057 Florida Green Finance Authority Agreement.doc America's Gateway to the Gulfstream Page 145 of 1471 INTERLOCAL AGREEMENT BETWEEN THE FLORIDA GREEN FINANCE AUTHORITY, THE TOWN OF LANTANA, AND THE TOWN OF MANGONIA PARK This Interlocal Agreement (the "Agreement") is entered into between the Town of Lantana, Florida, a Florida municipal corporation ("Lantana") and the Town of Mangonia Park, Florida, a Florida municipal corporation, ("Mangonia Park") (together the "Originating Parties"); and the Florida Green Finance Authority (the "Authority"). RECITALS WHEREAS, Section 163.01, F.S., the "Florida Interlocal Cooperation Act of 1969," authorizes local government units to enter into interlocal agreements for their mutual benefit; and WHEREAS, the Lantana and Mangonia Park desire to enter into this Interlocal Agreement in order to establish the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy conservation and efficiency improvements, and to provide additional services consistent with law; and WHEREAS, Section 163.08, F.S., provides that a local government may finance "qualifying improvements," including the type of improvements sought to be provided through this Agreement, via the levy and collection of voluntary non -ad valorem assessments on improved property; and WHEREAS, Sections 170.01, and 170.201, F.S. provide for supplemental and alternative methods of making local municipal improvements, including the type of "qualifying improvements" sought to be provided by this Agreement; and WHEREAS, pursuant to Sections 163.08, 170.01, and 170.201, F.S. and this Agreement, Lantana has created a "qualifying improvements" program entitled "Florida Green Energy Works"; and WHEREAS, Section 163.01(7), F.S., allows for the creation of a "separate legal or administrative entity" to carry out the purposes of an interlocal agreement for the mutual benefit of the governmental units, and provide for parties to the agreement to administer the agreement; and WHEREAS, pursuant to Section 163.01(4), F.S, a public agency of this state may exercise jointly with any other public agency of the state, any power, privilege or authority which such agencies share in common and which each might exercise separately, and the Parties to this Agreement have legislative authority over property within their jurisdictional boundaries; and Page 146 of 1471 WHEREAS, Section 166.021, F.S., authorizes Lantana and any other municipalities to exercise any power for municipal purposes, except when expressly prohibited by law, and Section 125.01 F.S. grants counties the power to carry on county government to the extent not inconsistent with general or special law; and WHEREAS, Section 163.08, F.S., provides that property retrofitted with energy-related "qualifying improvements" receives a special benefit from reduced energy consumption, benefits from the reduced potential for wind damage and assists in the fulfillment of the state's energy and hurricane mitigation policies; and WHEREAS, the Lantana and Mangonia Park have determined that it is necessary and appropriate to establish various obligations for future cooperation between Lantana, Mangonia Park, the Authority and all other local governments that execute this Interlocal Agreement (each a "Party") thereby becoming members of the Authority related to the financing of qualifying improvements within the Authority; and WHEREAS, Lantana shall administer this Interlocal Agreement; and WHEREAS, Lantana and Mangonia Park have determined that it shall serve the public interest to enter into this Agreement to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual advantage to provide for the financing of qualifying improvements within the Authority. NOW, THEREFORE, in consideration of the terms and conditions, promises and covenants hereinafter set forth, the Originating Parties agree as follows: Section 1. Recitals Incorporated. The above recitals are true and correct and are hereby incorporated herein. Section 2. Purpose. The purpose of this Agreement is to provide the most economic and efficient means of implementing a financing program for qualifying improvements on property owners' lands within the Authority's Service Area and to provide additional services consistent with state law. Section 3. Creation of the Authority. By execution of this Interlocal Agreement there is hereby created, pursuant to Section 163.01, F.S. and Section 163.08, F.S., the Florida Green Finance Authority ("the Authority"), a separate legal entity and public body with all of the powers and privileges as defined herein. Section 4. Legal Authority/Consent to Serve the Authority. The Authority shall have all the powers, privileges and authority as set forth below and as provided by Chapter 163, F.S., as necessary to accomplish the purposes set forth in this Agreement. By resolution of the governing bodies of the Originating Parties, all powers available to the Authority under this Agreement and general law, including but not limited to, Chapters 163, 170, 189 and 197, F.S. may be implemented by the Authority within the jurisdictional boundaries of the Originating Parties. The Originating Parties do hereby consent and agree to levy and collect voluntary non Page 147 of 1471 ad valorem assessments on properties, either individually or collectively as permitted by law, within their respective jurisdictions in accordance with the purposes of this Agreement and applicable law, to be repaid to the Authority. The Originating Parties also delegate the power to levy and collect voluntary non -ad valorem assessments on properties within their jurisdictions as may be permitted by law. The Authority shall not act, provide its services or conduct its activities within any Party's jurisdiction without the execution of this Agreement. Section 5. Definitions. "Authority Board" shall be the governing body of the Authority, comprised of representatives from all Parties as defined herein. "Florida Green Energy Works Program" is the qualifying improvements program authorized by Section 163.08, F.S., developed by the third party administrator for Lantana and other Parties who elect to participate. "interlocal Agreement" or "Agreement" is defined as this Agreement including any amendments and supplements executed in accordance with the terms herein. "Originating Parties" include the Florida local governments (as defined by Section I63.08, F.S.) that are the original signatories to this Agreement. These are the Towns of Lantana and Mangonia Park. "Participating Property Owner" is defined as a property owner whose property is located within the Service Area of the Authority and has voluntarily acquired financing from the Authority. "Parties" are any Florida local government (as defined by Section 163.08, F. S.) having the power to enter into interlocal agreements and which may, subject to the provisions of this Agreement, join in the efforts and activities provided for by this Agreement pursuant to Section 163.01, F.S. Any local government joining these efforts after the initial execution of this Agreement shall be known as a "Party". To be a Party, a local government shall execute the Signatory Page attached as Exhibit B to this Agreement, which Signatory Page shall supplement and amend this Agreement. "Qualifying Improvements" are as defined in Section 163.08, F.S. in addition to any other improvements or services not inconsistent with state law. "Service Area" shall mean the geographic area comprising all of the areas within the Florida Green Finance Authority as that area may be expanded or contracted in accordance with the provisions of this Agreement and the laws of the State of Florida. Section 6. Representation on the Authority Board. The Originating Parties, and all subsequent Parties upon joining the Authority through execution of this Agreement, shall be represented by a member of the Authority Board as provided in Section 10 of this Agreement. Section 7. Authority Boundaries and Service Area. The boundaries of the Authority shall be the legal boundaries of the local governments that are Parties to this Agreement. This is also the Authority's Service Area, Section 8. Role of the Authority. As contemplated in this Agreement, the Authority will uniformly facilitate and assist the Originating Parties and all subsequent Parties with any Page 148 of 1471 necessary actions to levy and collect voluntary non -ad valorem assessments, or other legally authorized form of collection, on the benefitted properties within the Authority's Service Area to secure the repayment of costs of qualifying improvements for those individual properties participating in the Florida Green Energy Works Program. Upon approval by the Authority of an application by a landowner desiring to benefit their property, those properties receiving financing for Qualifying Improvements shall be assessed from time to time, in accordance with the applicable law and/or financing documents. Notwithstanding a local government's termination of participation within this Agreement, those properties that have received financing for Qualifying Improvements shall continue to be a part of the Authority, until such time that all outstanding debt has been satisfied and the special assessments shall continue to be levied until paid in full for the applicable benefitted property. Section 9. Powers of the Authority, The Authority shall exercise any or all of the powers granted under Sections 163.01, and 163.08, F.S., as well as powers, privileges or authorities which each local government might exercise separately, as may be amended from time to time, which include, without limitation, the following: To finance qualifying improvements within the Authority Service Area and to facilitate additional improvements or services consistent with law; including, but not limited to, acquiring, constructing, managing, maintaining or operating buildings, works or improvements; To make and enter into contracts in its own name; To enter into any interlocal agreement as necessary to exercise powers conferred by law; To appoint committees to assist with implementation of this Agreement; To employ agencies, employees, or consultants; To acquire, hold, lease or dispose of real or personal property; To borrow money, incur debts, liabilities, or obligations which shall not constitute the debts, liabilities, or obligations of the Originating Parties or any of the Parties to this Agreement; To levy and collect assessments, or assist in the levy and collection of assessments, either as the Authority or on behalf of an Originating Party or subsequent Party as permitted by law; To adopt resolutions and policies prescribing the powers, duties, and functions of the officers of the Authority, the conduct of the business of the Authority, and the maintenance of records and documents of the Authority; To maintain an office at such place or places as it may designate within the Service Area of the Authority or within the boundaries of an Originating Party or a subsequent Party; To cooperate with or contract with other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by Section 163.08, F.S., and to accept funding from local and state agencies; To exercise all powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized in Section 163.08, F. S.; To create and adopt any and all necessary operating procedures, policies, manuals or bylaws; Page 149 of 1471 To maintain insurance as the Authority deems appropriate; To apply for, request, receive and accept gifts, grants, or assistance funds from any lawful source to support any activity authorized under this Agreement; and To exercise any powers or duties necessary to address carbon or renewable energy credits, or any other similar commodity that may come into existence, for the public benefits of the program. Section 10. Authority Board. The Authority shall be governed by a seven (7) member Board of Directors which shall include one Director appointed by the governing body of each Originating Party plus five (5) additional Directors. To assure geographical representation across the State, the Authority seeks to appoint one (1) Director from the boundaries of each of the five (5) water management districts as defined in Chapter 373, F.S. Only Parties, through their governing bodies, may appoint representatives to serve as an Authority Board Director. Originating Party representatives serve an initial four (4) year term commencing upon execution of this Agreement, and subsequent terms as further set forth in subparagraphs a. and b. of this section. The remaining five (5) Directors will each be appointed by the governing body of the first Party from each requisite water management district boundary area that joins the Authority through execution of this Agreement and that desires to serve as a Director. Upon execution of this Agreement by such a Party, the term of its appointed Director shall commence for an initial term of three (3) years, and subsequent terms as further set fbgth in subparagraphs a. and b. of this section. Thereafter, any Party may submit one nominee to serve as an Authority Board Director for any given term. a. Prior to the appointment of the full Authority Board as set forth above, and for purposes of the first organizational meeting(s), the Authority Board shall be comprised of representatives appointed by the governing bodies of the two (2) Originating Parties. Actions taken in this interim period shall be by unanimous consent and shall be binding on the Authority pursuant to the adoption of resolutions which do not require an in-person meeting, but which must be ratified by a majority vote of the Authority Board Directors in the next regularly scheduled meeting. All actions enumerated in paragraph c. of this section, as well as any other actions necessary to initiate the operation of the Authority may be taken during this interim period. b. The Town Manager of Lantana, or designee, shall serve as the Chair of the Authority Board for the initial four (4) year term. The Mangonia Park representative shall serve as Vice Chair of the Authority Board for the initial four (4) year term. Upon the conclusion of the initial terms as set forth above, the Authority Board shall annually select directors and appoint its Chair, Vice Chair and Secretary, each of which shall then serve one (1) year terms. The appointment of Authority Board Directors and officers shall take place at the first regular Authority meeting of the year. The Chair shall preside at meetings of the Authority, and shall be recognized as head of the Authority for service of process, execution of contracts and other documents as approved by the Authority. The Vice Chair shall act as Chair during the absence or disability of the Chair. The Secretary shall keep all meeting minutes and a record of all proceedings and acts of the Board. Minutes shall be distributed to all Directors and Parties in a reasonable time period after the subject meeting. Page 150 of 1471 C. The Authority Board shall act as the governing body of the Authority and shall have, in addition to all other powers and duties described herein, the following powers and duties; ❑ To fix the time, and determine policies and orders of business for meetings, the place or places at which its meeting shall be held, and as set forth herein, to call and hold special meetings as may be necessary. ❑ To make and pass policies, regulations, resolutions and orders not inconsistent with the Constitution of the United States or of the State of Florida, or the provisions of this Agreement, as may be necessary for the governance and management of the affairs of the Authority, for the execution of the powers, obligations and responsibilities vested in the Authority, and for carrying into effect the provisions of this Agreement. ❑ To adopt bylaws and rules of procedure, or amend those that may be initially adopted by the Originating Parties. ❑ To fix the location of the principal place of business of the Authority and the location of all offices maintained thereunder. ❑ To create any and all necessary offices in addition to Chair, Vice -Chair and Secretary; to establish the powers, duties and compensation of all employees or contractors; and to require and fix the amount of all non -ad valorem assessments and/or fees necessary to operate the Florida Green Energy Works Program. ❑ To select and employ such employees and executive officers as the Authority Board deems necessary or desirable, and to set their compensation and duties. ❑ To employ or hire such attorneys as it deems appropriate to provide Iegal advice and/or legal services to the Authority, and to employ and hire such other consultants as it deems appropriate through any procedure not inconsistent with law. ❑ As applicable and available, nothing herein shall limit the Authority's ability to pursue actions or remedies pursuant to Chapter 120, F.S. d. Any Director may resign from service upon providing written notice pursuant to Section 27 of this Agreement, to the Authority Board Secretary. Such notice shall state the date said resignation shall take effect. Any Director who resigns shall be replaced in the same manner that the resigning Director was selected. Any resigning Director shall immediately turn over and deliver to the Authority Board Secretary all records, books, documents or other property in their possession or under their control which belongs to the Authority. Directors are encouraged to provide a minimum of 30 days notice so that a successor can be properly appointed; however, any Director who must resign immediately upon extenuating circumstances shall be succeeded by an interim Director by majority vote of the Authority Board until such time as a permanent successor can be seated. e. Any Authority Board Director who is absent for three (3) consecutive Authority Board meetings, unless otherwise excused by the Chair, shall be deemed to have resigned from the Authority Board. f. Authority Board Directors shall serve without compensation for the first year after the establishment of the Authority pursuant to this Agreement. Thereafter, Page 151 of 1471 Authority Board Director compensation may be set by a unanimous vote of the Directors of the Authority Board in a manner and at such amounts as is consistent with applicable law. Travel expenses for Authority Board Directors shall be reimbursed as permitted by Florida law. Section 11. Meetings of the Authorit By_ oard. Page 152 of 1471 ❑ Within thirty (30) calendar days of the creation of the Authority, or sooner if feasible, the Originating Parties shall hold an organizational meeting to elect officers and perform other duties as required under this Agreement. ❑ Prior to the beginning of each fiscal year (October 1), on a date, place and time as determined by the Authority Board, there shall be an Annual Meeting of the Authority. The annual statements shall be presented, and any other such matter as the Authority Board deems appropriate may be considered. ❑ The Authority Board shall have regular, noticed, quarterly meetings at such times and places as the Authority Board may designate or prescribe. In addition, special meetings may be called, from time to time, by the Authority Board Chair, or by a majority vote of the Authority Board. A minimum of 24 hours notice to the public and all Authority Board Directors shall be given for any special meetings. ❑ In the absence of specific rules of procedure adopted by the Authority Board for the conduct of its meetings, the fundamental principles of parliamentary procedure shall be relied upon for the orderly conduct of all Authority Board meetings. Section 12. Decisions of the Authority Board. A quorum of the Authority Board shall be required to be present at any meeting in order for official action to be taken by the Board. A majority of all Authority Board Directors shall constitute a quorum. It is the desire and intent of this Agreement that decisions made by the Authority Board shall be by consensus of the Board. However, if a consensus is not achievable in any particular instance, then a majority vote of the quorum of the Authority Board shall be required to adopt any measure or approve any action, unless otherwise provided herein. Section 13. Authority Staff and Attorney. ❑ The Authority's administrative functions shall be carried out by Lantana and its consultants, and shall include all duties necessary for the conduct of the Authority's business and the exercise of the powers of the Authority as provided in Section 163.01 and Section 163.08, F.S. ❑ The law firm that serves as the General Counsel for Lantana shall also serve as the General Counsel to the Authority. After the Authority has been operating for four (4) years, the Authority may opt to hire different Authority staff and/or general counsel. Section 14. Authorized Official. The Authority Board Chair shall serve as the local official or designee who is authorized to enter into a financing agreement, pursuant to Section 163.08(8), F.S., with property owner(s) who obtain financing through the Authority. Page 153 of 1471 Section 15. Subsequent Parties. Recognizing the benefit that the formation of the Authority will provide to all Florida local governments, the Originating Parties to this Agreement support and encourage the participation of subsequent Parties as contemplated herein. Section 16. Funding; the Initial Program. Funding for the Authority shall initially be from grant funds or other funds acquired by the Originating Parties and/or subsequent Parties. For the initial establishment of the Authority, contributions can be made to the Authority as permitted by law. Section 17. Debts of the Authority are Not Obligations of any Parties. Pursuant to Section 163.01(7), F.S. the Authority may exercise all powers in connection with the authorization, issuance, and sale of bonds or other legally authorized mechanisms of finance. However, any debts, liabilities, or obligations of the Authority do not constitute debts, liabilities or obligations of the Originating Parties or any subsequent Party to this Agreement. Section 18. Annual Budget. ❑ Prior to the beginning of the Authority's fiscal year, the Authority Board will adopt an annual budget. Such budget shall be prepared in the manner and within the time period required for the adoption of a tentative and final budget for state governmental agencies pursuant to general law. The Authority's annual budget shall contain an estimate of receipts by source and an itemized estimation of expenditures anticipated to be incurred to meet the financial needs and obligations of the Authority. ❑ The adopted Budget shall be the operating and fiscal guide for the Authority for the ensuing Fiscal Year. ❑ The Board may from time to time amend the Budget at any duly called regular or special meeting. Section 19. Reports. a. Financial reports: The Authority shall provide financial reports in such form and in such manner as prescribed pursuant to this Agreement and Chapter 218, F.S. Both quarterly and annual financial reports of the Authority shall be completed in accordance with generally accepted Government Auditing Standards by an independent certified public accountant. At a minimum, the quarterly and annual reports shall include a balance sheet, a statement of revenues, expenditures and changes in fund equity and combining statements prepared in accordance with generally accepted accounting principles. b. Operational reports: The Authority Board shall cause to be made at least once every year a comprehensive report of its operations including all matters relating to fees, costs, projects financed and status of all funds and accounts. C. Audits: The Authority shall be subject to, and shall cause to be conducted: (i) an independent budget audit and (ii) an independent financial and/or performance audit performed in accordance with generally accepted accounting practices and as applicable by state law. d. Reports to be public records: All reports, as well as supporting documentation such as, but not limited to, construction, financial, correspondence, instructions, memoranda, bid estimate sheets, proposal documentation, back charge Page 154 of 1471 documentation, canceled checks, and other related records produced and maintained by the Authority, its employees and consultants shall be deemed public records pursuant to Chapter 119, F.S., and shall be made available for audit, review or copying by any person upon reasonable notice. Section 20. Bonds. The Authority Board is authorized to provide, from time to time, for the issuance of bonds, or other legally authorized form of finance, to pay all or part of the cost of qualifying improvements in accordance with law. Section 21. Schedule of Rates and Fees. Upon the creation of the Authority as set forth in this Agreement, the Authority Board shall establish a schedule of rates, fees or other charges for the purpose of making the Authority a self-sustaining district. There shall not be any obligation on the part of the Originating Parties or any subsequent Parties for financing contributions. The Authority shall not be authorized to create or distribute a profit. This shall not, however, prevent the Authority from establishing reserves for unanticipated expenses or for future projects in keeping with sound, prudent and reasonable operation of the Program within industry standards or from fulfilling any other requirements imposed by bond financings, other financial obligations or law. Nor shall this prevent the Authority from incurring costs such as professional fees and other costs necessary to accomplish its purpose. The Authority Board shall fix the initial schedule of rates, fees or other charges for the use of and the services to operate the Florida Green Energy Works Program to be paid by each participating property owner consistent with Section 163.08(4), F.S. The Authority Board may revise the schedule of rates, fees or other charges from time to time; provided however, that such rates, fees or charges shall be so fixed and revised so as to provide sums, which with other funds available for such purposes, shall be sufficient at all times to pay the expenses of operating and maintaining the Florida Green Energy Works Program. This shall include any required reserves for such purposes, the principal of and interest on bonds, or other financing method, as the same shall become due, and to provide a margin of safety over and above the total amount of any such payments, and to comply fully with any covenants contained in the proceedings authorizing the issuance of any bonds or other obligations of the Authority. The rates, fees or other charges set pursuant to this section shall be just and equitable and uniform for users and, where appropriate, may be based upon the size and scope of the financial obligation undertaken by a Participating Property Owner. All such rates, fees or charges shall be applied in a non -discretionary manner with respect to the Participating Property Owner's geographical location within the Authority's Service Area. No rates, fees or charges shall be fixed or subsequently amended under the foregoing provisions until after a public hearing at which all the potential participants in the Program, and other interested persons, shall have an opportunity to be heard concerning the proposed rates, fees or other charges. Notice of such public hearing setting forth the proposed schedule or schedules of rates, fees or other charges shall be provided in accordance with Chapter 163 and Chapter 197, RS, Page 155 of 1471 The Authority shall charge and collect such rates, fees or other charges so fixed or revised, and such rates, fees and other charges shall not be subject to the supervision or regulation by any other commission, board, bureau, agency or other political subdivision or agency of the county or state. In the event that any assessed fees, rates or other charges for the services and financing provided by the Authority to Participating Property Owners shall not be paid as and when due, any unpaid balance thereof, and all interest accruing thereon, shall be a lien on any parcel or property affected or improved thereby. Pursuant to Section 163.08(8), F.S., such lien shall constitute a lien of equal dignity to county taxes and assessments from the date of recordation. In the event that any such fee, rate or charge shall not be paid as and when due and shall be in default for thirty (30) days or more, the unpaid balance thereof, and all interest accrued thereon, together with attorney's fees and costs, may be recovered by the Authority in a civil action, and any such lien and accrued interest may be foreclosed and otherwise enforced by the Authority by action or suit in equity as for the foreclosure of a mortgage on real property. Section 22. Disbursements, Disbursements made on behalf of the Authority shall be made by checks drawn on the accounts of the Authority. Section 23. Procurement; Program Implementation and Administration. The Authority shall be administered and operated by a Third Party Administrator ("TPA") who shall be responsible for providing services to the Authority for the design, implementation and administration of the Florida Green Energy Works Program. The Originating Parties and all subsequent Parties understand and agree that the procurement for the initial TPA was performed by Lantana in accordance with its adopted procurement procedures. Pursuant to said procurement procedures, "EcoCity Partners, L3C" has been hired as the TPA. The "Florida Green Energy Works Program Administration Services Agreement" between Lantana and EcoCity Partners, MC is attached hereto as Exhibit 1 and is hereby incorporated by reference. By execution of this Agreement, all parties hereto agree that the initial Florida Green Energy Works Program Administration Services Agreement, as amended, will be assigned by Lantana to the Authority and shall be executed and assumed by the Authority. Section 24. Term. This Interlocal Agreement shall remain in full force and effect from the date of its execution by the Originating Parties until such time as there is unanimous agreement of the Authority Board to dissolve the Authority. Notwithstanding the foregoing, dissolution of the Authority cannot occur unless and until any and all outstanding obligations are repaid; provided, however, that any Party may terminate its involvement and its participation in this Interlocal Agreement upon thirty (30) days' written notice to the other Parties. Should a Party terminate its participation in this Interlocal Agreement, be dissolved, abolished, or otherwise cease to exist, this Interlocal Agreement shall continue until such time as all remaining Parties agree to dissolve the Authority and all special assessments levied upon Participating Property Owners properties have been paid in full. Page 156 of 1471 Section 25. Consent. The execution of this Interlocal Agreement, as authorized by the government body of the Originating Parties and any subsequent Party shall be considered the Parties' consent to the creation of the Authority as required by Sections 163.01 and 163.08, F.S. Section 26. Limits of Liability. ❑ All of the privileges and immunities from liability and exemptions from law, ordinances and rules which apply to municipalities and counties of this state pursuant to Florida law shall equally apply to the Authority. Likewise, all of the privileges and immunities from liability; exemptions from laws, ordinances and rules which apply to the activity of officers, agents, or employees of counties and municipalities of this state pursuant to Florida law shall equally apply to the officers, agents or employees of the Authority. ❑ The Originating Parties and all subsequent Parties to this Agreement shall each be individually and separately liable and responsible for the actions of their own officers, agents and employees in the performance of their respective obligations under this Agreement pursuant to Chapters 768 and 163, F.S. and any other applicable law. The Parties may not be held jointly or severally liable for the actions of officer or employees of the Authority or by any other action by the Authority or another member of the Authority and the Authority shall be solely liable for the actions of its officers, employees or agents to the extent of the waiver of sovereign immunity or limitation on liability provided by Chapter 768, F.S. Except as may be otherwise specified herein, the Parties shall each individually defend any action or proceeding brought against their respective agency under this Agreement, and they shall be individually responsible for all of their respective costs, attorneys' fees, expenses and liabilities incurred as a result of any such claims, demands, suits, actions, damages and causes of action, including the investigation or the defense thereof, and from and against any orders, judgments or decrees which may be entered as a result thereof. The Parties shall each individually maintain throughout the term of this Agreement any and all applicable insurance coverage required by Florida law for governmental entities. Such liability is subject to the provisions of law, including the limits included in Section 768.28, F.S., which sets forth the partial waiver of sovereign immunity to which governmental entities are subject. It is expressly understood that this provision shall not be construed as a waiver of any right or defense that the parties have under Section 768.28, F.S. or any other statute. Section 27. Notices. Any notices to be given pursuant to this Interlocal Agreement shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or certified U.S. mail, return receipt requested, addressed to the Party for whom it is intended, at the place specified. The Originating Parties designate the following as the respective places for notice purposes: Lantana: Town Manager Town of Lantana 500 Greynolds Circle Lantana, Florida 33462 Page 157 of 1471 With a Copy to: Corbett and White, P.A. 1111 Hypoluxo Road, Suite 207 Lantana, FL 33462 Attn: Keith W. Davis, Esq. Mangonia Park: Town Manager Town of Mangonia Park 1755 East Tiffany Drive Mangonia Park, Florida 33407 With a Copy to: Corbett and White, P.A. 1111 Hypoluxo Road, Suite 207 Lantana, FL 33462 Attn: Keith W. Davis, Esq. Section 28. Filing. It is agreed that this Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Palm Beach County, as required by Section 163.01(l 1), F.S. Section 29. Joint Effort. The preparation of this Interlocal Agreement has been a joint effort of the Parties hereto and the resulting document shall not, as a matter of judicial construction, be construed more severely against any one party as compared to another. Section 30. Execution in Counterparts. This Interlocal Agreement may be executed in counterparts which shall be in original form all of which, collectively, shall comprise the entire Interlocal Agreement. Section 31. Merger, Amendment. This Agreement incorporates and includes all prior negotiations, correspondence, agreements or understandings applicable to the matters contained herein; and the Parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no change, amendment, alteration or modification in the terms and conditions contained in this Interlocal Agreement shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith by all Parties to this Interlocal Agreement. Section 32. Assignment, The respective obligations of the Parties set forth in this Interlocal Agreement shall not be assigned, in whole or in part, without the written consent of the other Parties hereto. Section 33. Records, The Parties shall each maintain their own respective records and documents associated with this Interlocal Agreement in accordance with the requirements for records retention set forth in Florida law. Page 158 of 1471 Section 34. Compliance with Laws. In the performance of this Agreement, the Parties hereto shall comply in all material respects with all applicable federal and state laws and regulations and all applicable county and municipal ordinances and regulations. Section 35. Governing Law and Venue. This Interlocal Agreement shall be governed, construed and controlled according to the laws of the State of Florida. Venue for any claim, objection or dispute arising out of the terms of this Interlocal Agreement shall be proper exclusively in Palm Beach County, Florida. Section 36. Severability. In the event a portion of this Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective to the extent possible. Section 37. Effective Date and Joinder by Authority. This Interlocal Agreement shall become effective upon its execution by the Originating Parties. It is agreed that, upon the formation of the Authority, the Authority shall thereafter join this Interlocal Agreement and that the Authority shall thereafter be deemed a Party to this Interlocal Agreement. Section 38. No Third Party Rights. No provision in this Agreement shall provide to any person that is not a party to this Agreement any remedy, claim, or cause of action, or create any third -party beneficiary rights against any Party to this Agreement. Section 39. Access and Audits. Palm Beach County has established the Office of Inspector General in Article VIII of the Charter of Palm Beach County, as may be amended, which is authorized and empowered to review past, present and proposed county or municipal contracts, transactions, accounts and records. The Inspector General has the power to subpoena witnesses, administer oaths and require the production of records, and audit, investigate, monitor, and inspect the activities of Palm Beach County, its officers, agents, employees, and lobbyists, as well as the activities of all municipalities in the county, and their officers, agents, employees, and lobbyists, in order to ensure compliance with contract requirements and detect corruption and fraud. Failure to cooperate with the Inspector General or interference or impeding any investigation shall be in violation of Chapter 2, Article XIII of the Palm Beach County Code of Ordinances, [Remainder of page intentionally left blank.] Page 159 of 1471 IN WITNESS WHEREOF, the Originating Parties hereto have made and executed this Interlocal Agreement on this day of 12012. ATTEST: Town of Lantana, a municipal corporation of the State of Florida BY: BY: Town Clerk Town Manager (Affix Town Seal) Approved by Town Attorney as to form and legal sufficiency Town Attorney ATTEST: Town of Mangonia Park, a municipal corporation of the State of Florida BY: BY: Town Clerk Town Manager (Affix Town Seal) Approved by Town Attorney as to form and legal sufficiency Town Attorney Page 160 of 1471 ATTEST: The Florida Green Finance Authority, a separate legal entity established pursuant to Sectio n 163,01(7), Florida Statutes I: Secretary of the Authority Chair of the Authority Approved by Authority Attorney as to form and legal sufficiency Authority Attorney Page 161 of 1471 Exhibit A [Third Party Administrator Agreement] Page 162 of 1471 Exhibit B Party Membership Agreement To The Florida Green Finance Authority The Interlocal Agreement between the Florida Green Finance Authority, the Town of Lantana and the Town of Mangonia Park (the "Interlocal Agreement") entered into on , 2012 for the purpose of facilitating the financing of qualifying improvements for energy conservation and efficiency via the levy and collection of voluntary non -ad valorem assessments on improved property is hereby supplemented and amended on the date last signed below by this Signatory Party Membership Agreement, which is fully incorporated into the Interlocal Agreement as follows: The Florida Green Finance Authority, together with its member Parties, and the City of West Palm Beach, with the intent to be bound thereto, hereby agree that the City of West Palm Beach shall become a Party to the Interlocal Agreement together with all of the rights and obligations of Parties to the Interlocal Agreement. The City of West Palm Beach hereby agrees to appoint a representative to serve as a member of the Authority. All Parties acknowledge that the remaining five (5) Directors will each be appointed by the governing body of the first Party from each requisite water management district boundary area that joins the Authority through execution of this Agreement and that desires to serve as a Director serving an initial term of three (3) years. The City of West Palm Beach designates the following as the respective place for any notices to be given pursuant to the Interlocal Agreement Section 27: West Palm Beach: Ed Mitchell, City Administrator 401 Clematis Street, Second Floor West Palm Beach, FL 33401 With a Copy to: Corbett and White, P.A. Authority Attorney 1111 Hypoluxo Road, Suite 207 Lantana, FL 33462 Attn: Keith W. Davis, Esq. Page 163 of 1471 IN WITNESS WHEREOF, the Parties hereto subscribe their names to this Interlocal Agreement by their duly authorized officers on this day of , 2012. ATTEST: The Florida Green Finance Authority, a separate legal entity established pursuant to Section 163.01(7), Florida Statutes BY: BY: Secretary of the Authority Chair of the Authority Approved by Authority Attorney as to form and legal sufficiency Authority Attorney ATTEST: City of West Palm Beach, a municipal corporation of the State of Florida BY: BY: City Clerk Jeri Muoio , Mayor (Affix Town Seal) Approved by City Attorney as to form and legal sufficiency City Attorney Page 164 of 1471 Party Membership Agreement To The Florida Green Finance Authority WPB Contract No. 11068 WPB Res, No, WHEREAS, Section 163.01, F.S., the "Florida Interlocal Cooperation Act of 1969," authorizes local government units to enter into interlocal agreements for their mutual benefit; and WHEREAS, the Town of Lantana, Florida, a Florida municipal corporation ("Lantana") and the Town of Mangonia Park, Florida, a Florida municipal corporation, ("Mangonia Park") entered into an Interlocal Agreement, dated June 11, 2012, establishing the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy conservation and efficiency improvements, and to provide additional services consistent with law; and WHEREAS, the City of West Palm Beach desires to become a member of the Florida Green Finance Authority in order to facilitating the financing of qualifying improvements for energy conservation for those located within the City; NOW, THEREFORE, it is agreed as follows: 1. The Interlocal Agreement between the Florida Green Finance Authority, the Town of Lantana and the Town of Mangonia Park, entered into on June 11, 2012 (the "Interlocal Agreement"), for the purpose of facilitating the financing of qualifying improvements for energy conservation and efficiency via the levy and collection of voluntary non -ad valorem assessments on improved property is hereby supplemented and amended on the date last signed below by this Party Membership Agreement, which is hereby fully incorporated into the Interlocal Agreement. 2. The Florida Green Finance Authority, together with its member Parties, and the City of West Palm Beach, with the intent to be bound thereto, hereby agree that the City of West Palm Beach shall become a Party to the Interlocal Agreement together with all of the rights and obligations of Parties to the Interlocal Agreement. 3. The Service Area of the Florida Green Finance Authority shall include the legal boundaries of the City of West Palm Beach. 4. The City of West Palm Beach hereby agrees to appoint a representative to serve as an Authority Board Director serving an initial term of three (3) years. All Parties acknowledge that the remaining Directors will each be appointed by the governing body of the first Party from each requisite water management district boundary area that joins the Authority through execution of this Agreement and that desires to serve as a Director. 5. The City of West Palm Beach designates the following as the respective place for any notices to be given pursuant to the Interlocal Agreement Section 27: Florida Green Finance Authority WPB 060411 1 Page 165 of 1471 West Palm Beach: City Administrator City of West Palm Beach 401 Clematis Street (P.O. Box 3366; 33402-3366) West Palm Beach, FL 33401 With a copy to: City Attorney City of West Palm Beach 401 Clematis Street (P.O. Box 3366; 33402-3366) West Palm Beach, FL 33401 6. This Party Membership Agreement shall be filed by the Authority with the Clerk of the Circuit Court in the Public Records of Palm Beach County as an amendment to the Interlocal Agreement, in accordance with Section 163.01 (11), Florida Statutes. IN WITNESS WHEREOF, the Parties hereto subscribe their names to this Interlocal Agreement by their duly authorized officers. ATTEST The Florida Green Finance Authority, a separate legal entity established pursuant to Section 163.01(7), Florida Statutes By: By: Secretary of the Authority Chair of the Authority Approved by Authority Attorney as to form and legal sufficiency Authority Attorney ATTEST City of West Palm Beach, a municipal corporation of the State of Florida By: By: City Clerk Geraldine Muoio, Mayor (CitySeal) City Attorney's Office Approved as to form and legality By: Florida Green Finance Authority WPB 0604112 Page 166 of 1471 )FLORIDA GREEN ENERGY WORKS PROGRAM ADMINISTRATION SERVICES AGREEMENT (Addendum to Agreement for Implementation of Grant #17477) THIS FLORIDA GREEN ENERGY WORKS PROGRAM ADMIMSTRATION SERVICES AGREEMENT ("Agreement"), dated. as of 2 _ , 2012, is entered into by and between the Town of Lantana, Florida ("Town"), the Florida Green Finance Authority ("Authority") and EcoCity Partners, L3C, a Vermont low -profit limited liability company ("Administrator") (Town, Authority and Administrator are referred to herein collectively as the "Parties" and singly as a "Party"). Background A. Section 163.08, Florida Statutes (Supplemental Authority for Improvements to Real Property) (together with any amendments thereto, the "PACE Act") provides authority to provide funding and financing for certain energy -efficiency, renewable energy and wind resistant qualifying improvements and associated programs by local governments ("PACE .Program"). B. The Town received a grant to implement a PACE Program within the geographic boundaries of the Town, and also to implement a certification program for businesses located in the Town to identify and recognize businesses that adopt sustainable practices (collectively, the "Program"). C. Using funds provided through Grant Agreement #17477 (formerly known as Grant Agreement #ARS053) with the Florida Office of Energy (formerly the F11m ida Energy and Climate Commission), the Town entered into an Agreement with Administrator on July 26, 2011 which engaged Administrator to develop and implement an efficient, effective and voluntary Program (the "Existing Agreement'). D. As required by the Existing Agreement, the Town, together with other local governments, has formed the Florida Green Finance Authority, an administrative entity formed pursuant to an interlocal agreement as authorized by Chapter 163 of the Florida Statutes ("Authority"), to serve as the vehicle for the Program within the geographic boundaries of all units of local government that become parties to the Intergovernmental Agreement among the Town and additional local governments (the "Interlocal Agreement") (hereinafter the effective date of the Interlocal Agreement shall be referred to as the "Launch Date"). E. The Existing Agreement requires Administrator to design and implement a Program that would transition into a sustainable business model persisting after ARRA grant funds were expended and that will continue to incorporate other local governments who express an interest to "opt in" after the program is formed. The proposal laid out by Administrator in response to a Request for Qualifications issued by the Town requires completion of an initial series of tasks to design and implement the Program by April 30, 2012 or otherwise in support of fulfillment of the Grain Agreement, The Existing Agreement does not, however, specify the scope of the responsibilities to be undertaken by Administrator once the design phase is completed. Page 167 of 1471 F. Now that the initial design phase of the Program is nearing completion and after working together to develop specific Program parameters and to take steps to establish the Authority, Town and Administrator wish to amend the Existing Agreement in order to facilitate the transition into a sustainable business model. This amendment is intended to identify the source of revenue for operating the Program after grant funds are expended and to more fully define the scope of the services to be provided by the Administrator to the Authority for implementation and ongoing administration of the Program. This Agreement shall be appended to the Existing Agreement as an addendum thereto, and in the event of any conflict between the terms hereof and the Existing Agreement, the terms of this Agreement shall prevail. G. The Town of Lantana wishes to assign the Existing Agreement, as amended and restated herein, to the Authority and the Authority wishes to assume the Agreement for implementation of the Program. 1. Restaternot. Assignment. This Agreement shall become effective upon execution by the Town and the Administrator. It amends, restates and replaces the Existing Agreement in its entirety. The assignment of this Agreement by the Town to the Authority, and assumption of the Agreement by the Authority from the Town, shall become effective upon execution by the Authority. 2. Term, Renewal. The term of this Agreement (the "Initial Term") shall be a period of five (5) years from the Launch Date. At the expiration of the Initial Term and any Renewal Term, the Agreement shall automatically be renewed for an additional five (5) year period(s) (each, a "Renewal Term" and, together witb the Initial Term, the "Term") unless terminated earlier as provided in Section 7. 3. Services. (a) S2QM of Services. Administrator has been engaged to design, implement and administer the Progrant, and Administrator shall perform the services described in Exhibit A attached hereto and made a part hereof (the "Services'. The Services shall be provided to the Authority for purposes of assisting the local governments that are parties to the Interlocal Agreement ("Members") with financing of qualifying improvements authorized by the PACE Act (hereinafter "Qualifying Improvements'. (b) Standards of Service. Work under this Agreement shall be performed only by competent personnel under the supervislon of Administrator. Administrator shall commit adequate resources to develop and implement and the Program and perform the Services as required by this Agreement The Administrator shall exercise the same degree of care, skill and diligence in the performance of the Services as that ordinarily provided by an administrator under similar circumstances. Work, equipment or materials that do not conform to the requirements of this Agreement, or to the requirements of law, may be rejected by the Authority by written notice to Administrator and in such case shall be replaced promptly by Administrator following notice and explanation of applicable requirements from the Authority, unless Administrator provides a bona fide objection to the rejection notice, Page 168 of 1471 (c) Additional Service Proyidsxs. Administrator shall be permitted, in its sole discretion, to use and employ vendors, underwriters, providers, consultants, advisors or counsel in the development and administration of the Program or the provision of the Services. A current list of subcontractors is attached as Exhibit B. Administrator shall be responsible for all work performed by any other parties engaged by Administrator related to the Services. (d) Compliance wish Laws Bin&& Agreement. The Administrator hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws applicable to and necessary to perform the Services as an independent contractor. Administrator represents that it is authorized to do business in the State of Florida. The execution, delivery and performance of this Agreement by Administrator has been duly authorized, and this Agreement is binding on Administrator and enforceable against Administrator in accordance with its terms. No consent of any other person or entity to such execution, delivery and performance is required. (e) No Exclusive Engagement: Conflicts of Interest. Nothing; in this Agreement shall prevent Administrator from performing similar Services in other jurisdictions, either within or outside the State of Florida. So long as Administrator fulfills its obligations to provide the Services, Administrator, its sub consultants or any other provider, vendor, consultant, underwriter, or third party used or employed by Administrator, is permitted, individually or collectively, to advance without conflict any other PACE Program, or assist any other PACE Program sponsor, and that there is and shall be no objection by the Authority to such actions. The Administrator agrees that neither it nor its sub consultants shall represent any persons or entities in any action before the Authority, or before any Member of the Authority concerning implementation of the Program. (f) Independent Administrator. Administrator and any agent or employee of Administrator shall be deemed at all times to be an independent contractor and not an employee, partner, agent, joint venture or principal of the Authority with respect to all of the acts and Services performed by and under the terms of this Agreement. Accordingly, neither Party shall have any authority to represent or bind the other. Administrator is wholly responsible for the manner in which it performs the Services and work required under this Agreement. Neither Administrator nor any agent or employee of Administrator shall be entitled to participate in any plans, arrangements or distributions by the .Authority or any of its Members pertaining to or in connection with any retirement, health or other benefits the Authority or any of its Members may offer their employees. Administrator is liable for the acts and omissions of itself, its employees and agents. Any terms in this Agreement referring to instructions from the Authority shall be construed as providing for direction on policy and the results of Administrator's work, but not the means as to which such a result is obtained, The Authority does not retain the right to control the means or method by which Administrator performs the Services. (g) Tare . Administrator shall be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax witUoldings, unemployment uumponsation, insurance and other similar responsibilities arising from Administrator's business operations. Page 169 of 1471 4, R02gMhilides of Au3horitX. The Authority acknowledges that the Florida law authorizing FACE programs reserves authority and responsibility for establishing the program and executing financing agreements with property owners to local government. Consequently, the Authority shall timely take the following actions: (a) Authorize and adopt resolutions required to implement the Program; (b) Approve documents authorizing the Administrator to commence legal proceedings on behalf of the Authority to validate Program related obligations and to engage counsel for the purpose; (c) Within a reasonable time following submittal by Administrator, execute documents required to implement the Program including, but not limited to, financing or other agreements, obligations or instruments; (d) Other actions reasonably required to be performed by the Authority to facilitate the development, implementation or activities of the PACE Program. 3. Com tion. (a) Program Design. For Services relating to the design of the Program, the Administrator shall be paid in accordance with the Existing Agreement, except as follows. In addition to the compensation set forth in the Existing Agreement, Administrator shall be paid: (1) a separate payment of Thirty -Two Thousand and No/100 Dollars for Program workshops; and (2) a separate payment (or payments totaling) One Hundred Thousand and No/100 DoRarto be used for bond validation and Mg m administrative costs and expenses. All funds described in this paragraph 5(a) are provided by the Grant Agreement. As a condition to the receipt of each separate payment, the Administrator shall deliver to the Town a proposed budget, including legal, administrative and workshop expenses, and shall submit invoices showing payment for work performed and expenses incumcd, in such detail as the Town may require. Payments shall be made by check payable to "EcoCity Partners, DC." (b) Ongoing Program Administration. For Services relating to the ongoing operation of the Program, and for its performance hereunder, Administrator shall be entitled to impose and collect fees and charges in accordance with the schedule of fees described in Schedule 3 to Exhibit A ("Schedule of Fees"), which the Authority and Administrator may amend from time to time by mutual agreement to ensure the Program is priced to be competitive in the marketplace and all expenses are paid for through Program operation. (c) Payment Does Not b=IX AccZzlgnce. The making of any payment by the Authority, or the receipt thereof by Administrator, shall not reduce the liability of Administrator to replace any work, equipment or materials which do not conform to the requirements of this Agreement, regardless of whether the unsatisfactory character of such work, equipment or materials was apparent or reasonably detectable at the time payment was made. (d) Additimal Serve Proyidem. Administrator shall be solely responsible for all payments to any third party subcontractors, service providers or sub consultants that Lire engaged by Administrator to perform any of the Services contemplated by this Agreement. Page 170 of 1471 6. IndemnificOgn: Insurance. (a) Indemnification Administrator shall indemnify and hold harmless the Authority, its officers agents and employees, and shall upon request defend them, from and against any and all demands, claims, losses, suits, liabilities, causes of action, judgment or damages, arising out of, related to, or in any way connected with Administrator's performance of this Agreement, including, but not limited to, liabilities arising from contracts between the Administrator and third parties made pursuant to this Agreement. The indemnity obligations provided for in this paragraph shall include reasonable attorneys' fees, but shall exclude any liability resulting from acts of, or failure to take action by, the Authority, its officers, agents and employees. The Authority shall promptly notify the Administrator of any claim giving rise to a right to indemnity and shall fully cooperate with the Administrator in defense of such claims. So long as the Administrator has agreed that the Authority is entitled to indemnification, the Administrator shall have the right to control the defense of the claim, including, without limitation, the right to designate counsel and to select a single counsel to jointly represent the interests of the Authority and the Administrator (unless an actual present conflict would preclude joint representation) and including the right to control all negotiations, litigation, arbitration, settlements, compromises, and appeals of the claire. The Authority shall cooperate in defense of any claims and may, but is not required to, retain at its cost additional separate counsel to participate in or monitor the defense of the claim by Administrator. This Section 6(a) shall survive termination of this Agreement. (b) jr sem. Without in any was limiting Administrator's liability pursuant to Section 7(a) above, Administrator shall maintain in force, throughout the Term, insurance with the following coverages: L Worker's Compensation insurance in the amount required by law; ii. Commercial General Liability Insurance with limits of not less than $1 million per occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations; iii. Commercial Automobile Liability insurance with limits of not less than $1 million per occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non -Owned and Hired auto coverage, as applicable; and iv. Professional liability insurance with limits of not less than $1 million per claim with respect to negligent acts, errors or omissions in connection with professional services to be provided under this Agreement. (r,) Required Provi,tions. All insurance required under this Agreement shrill be maintained with reputable companies authorized to do business in the State of Florida. The Page 171 of 1471 liability insurance required under this Section 6 shall (i) name the Authority as an additional insured, (ii) provide that such policy is primary insurance to any other insurance available to the additional insureds, with respect to any claims arising out of this Agreement, and (iii) apply separately to each insured against whom a claim is made or a suit is brought. Upon request, Administrator shell deliver a certificate of insurance to the Authority confirming the existence of the insurance required by this Agreement. 7. Default, Termination. (a) Events of Default. Each of the following shall constitute an event of default ("Event of Default") under this Agreement: L Either Party fails or refuses to perform or observe any material term, covenant or condition contained in any section of this Agreement, and such failure continues for a period of thirty (30) days after receipt of written notice from the non -breaching Party, or such longer period as may be reasonably required for cure, provided the breaching Party commences the cure within thirty (30) days and diligently pursues the cure until completion. ii. Administrator (A) is generally not paying its debts as they become due, (B) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency, or other debtors' relief law of any jurisdiction, (C) makes an assignment for the benefit of creditors, or (D) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers over Administrator or any substantial part of Administrator's property. iii. A court or governmental authority enters an order (A) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Administrator or any substantial part of Administrator's property, (B) constituting an order for relief or approving a petition for relief or reorganization or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency, or other debtors' relief law of any jurisdiction, or (C) ordering the dissolution, winding -up or liquidation of Administrator. (b) Remedies for Default. Upon the occurrence of any Event of Default, each Party shall be entitled to proceed at law or in equity to enforce their rights under this Agreement, including, without limitation, to terminate this Agreement or to seek specific performance of all or any part of this Agreement. In addition, following the occurrence of any Event of Default, the Authority shall have the option, but no obligation, to cure or cause to be cured any Event of Default on behalf of Administrator, and in such event Administrator shall pay to the Authority upon written demand all costs and expenses incurred by the Authority in effecting such cure, with interest thereon from the date the expense is incurred by the Authority at the maximum rate Page 172 of 1471 then permitted by law. The Authority shall have the right to offset from any amounts due Administrator under this Agreement or any other Agreement between the Authority and the Administrator all damages, losses, costs and expenses incurred by the Authority, as a result of the occurrence of an Event of Default caused by Administrator. (c) Exerc� a tidies. All remedies provided for in this Agreement may be exercised singly or in combination with any other remedy available hereunder or under applicable law. The exercise of any remedy shall not be deemed a waiver of any other remedy. (d) Termination for Convenience. L Effective Date. Following the Initial Term, either party may notify the other of its intent to terminate the Agreement for any reason by delivering written notice of temxination no later than May 15 of any year during the Term. In such event, the Agreement will terminate on August 15 of the year in which the termination notice is delivered, at which date Administrator shall cease providing the Services. In the event the Authority terminates the Agreement under the provisions of this paragraph 6(b), Administrator shall be entitled to continue to offer the Services during the transition period so long as (i) Administrator does not approve any projects, completion of which will extend beyond the termination date; (ii) Administrator provides for ongoing management of assessments related to any projects completed under Administrator's auspices; (iii) Administrator continues to provide all of the Services in a professional manner in accordance with. the Agreement; (iv) Administrator continues to work in good faith with the Authority to provide a smooth transition for either the termination of the program or transfer to another administrator. ii. Termination Fee. In the event of termination for convenience by the Authority, Administrator shall be entitled to a termination fee equal to thirty percent (3011/o) of the origination fee which would have been received by Administrator pursuant to Schedule 3 to Exhibit A, had the Agreement not been terminated, for all PACE projects funded through the Authority which (i) had completed applications submitted to the Program prior to the termination date, (ii) are closed within one (1) year after the termination date, and (ili) are identified by Administrator in writing no later than five (5) days after the termination date.. (e) Termination Uqr Impossibility. In the event that (i) conditions in U.S. financial markets, (ii) changes in PACE law, or (iii) changes in the Authority's authority to provide assessment lien priority render the PACE Program infeasible, Administrator may suspend. the PACE Program for a period of up to twelve (12) months. Should the Administrator determine at the conclusion of the suspension period that cAmiiitions do not warrant resumption of the program Adminisirator may request from the Authority an extension of the PACE Program suspension for an additional six (6) months. The Authority may, at its option, grant the extension or cancel the Agreement. Page 173 of 1471 (f) &gltg and Duties Upon Termination. Upon the expiration or earlier termination of this Agreement pursuant to this Section, this Agreement shall terminate and be of no fiirther force and effect, except for those provisions which expressly survive termination. Upon expiration or termination, Administrator shall transfer to the Authority any records, data, supplies and inventory produced or acquired in connection with this Agreement. This subsection shall survive the termination of the Agreement. 8. Confidential Information,Ownership and Access to Reords. (a) Propjj y or Confidential Information. Administrator acknowledges that, in the performance of the Services or in contemplation thereof, Administrator may have access to private or confidential information which may be owned or controlled by the Authority, and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to the Authority. Administrator agrees that all information disclosed by Authority to Administrator shall he held in confidence and used only in performance of this Agreement. Administrator shall exercise the same standard of care to protect such information as a reasonably prudent Administrator would use to protect its own proprietary data. (b) Ownership of information. The parties acknowledge that all inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports and all similar or related information (whether patentable or not) which are conceived, developed or made by Administrator or Authority exclusively for the Program during the term of this Agreement are deemed to be within the public domain, and subsequently may be used by each party without warranty of any kind. Any artworks, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, diagrams, surveys, blueprints, source codes or any other original works created by Administrator in connection with the Program shall not be deemed to be works for hire. Notwithstanding the foregoing, to the extent that any components used in the Program are developed independently and licensed from third parties, including, without limitation, any software, methods, inventions, processes, logos, brands or data, such components shall not become part of the public domain and the terms of the applicable license shall prevail. Among other things, the online sustainability tool for green business certification has been licensed from Green Bureau, LLC and use of the service -mark PACE3Ym and any related trademarks or service marks have been licensed from Demeter Power Group, Inc. (c) Public Records. All records, books, documents, maps, data, deliverables, papers and financial information associated with the Program to be administered by Administrator (the "Records") are public records and shall be available to be inspected and copied by the Authority. In the event of public record requests, all such requests shall be administered and handled by the Authority as the custodian. The Authority, or its designee, shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any of the Records. After notice and reasonable opportunity to cure, the Authority may cancel and terminate this Agreement for refusal by the Administrator to comply with the requirements of Chapter 119, Florida Statutes (Publiu R.euords). Page 174 of 1471 9. Miscellaneous. (a) NlondiscriminiWon. During the term of this Agreement, Administrator shall not discrinunate against any of its employees or applicants for employment, if any, because of their race, age, color, religion, sex, sexual orientation, national origin, marital status, physical or mental disability, or political affiliation and Administrator shall abide by all Federal and State laws regarding nondiscrimination. (b) Disabilities. Administrator acknowledges that, pursuant to the Americans with Disabilities Act ("ADA"), programs, services and other activities provided by a public entity-to the public, whether directly or through an Administrator, must be accessible to the disabled public. Administrator shall provide the Services in a mariner that complies with the ADA and any and all other applicable federal, state and local disability rights laws. Administrator agrees not to discriminate against disabled persons in the provision of services, benefits or activities provided under the Agreement and further agrees that any violation of this prohibition on the part of the Administrator, its employees, agents or assigns will constitute a material breach of this Agreement. (c) Entire Agreement. Amendment. This Agreement, including the Exhibits hereto, contains the entire agreement of the Parties with respect to its subject matter and •supersedes any prior oral or written representations. No representations were made or relied upon by either Party, other than those that are expressly set forth herein. No agent, employee, or other representative of either Party is empowered to amend, change, modify, supplement, rescind, terminate or discharge the terms of this Agreement, except by a written agreement executed by the Parties. (d) Binding Effect, No Third P@M Beneficiaries, This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and permitted assigns. This Agreement shall not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns. (e) Non-waiver. The omission by either Party at any time to enforce any default or right reserved to it, or to require performance of any of the terms, covenants or provisions hereof by the other Party at the time designated, shall not be a waiver of such default or right to which the Party is entitled, nor shall it in any way affect the right of the Party to enforce such provisions thereafter. (f) Sev—crAWily. if the application of any provision of this Agreement to any particular facts or circumstances is found by a court of competent jurisdiction to be invalid or unenforceable, then the validity of other provisions of this Agreement shall not be affected or impaired thereby, and such provision shall be enforced to the maximum extent possible so as to effect the intent of the Parties. (g) Assigmcnt The Services to be porformed by Administrator are personal in character and neither this Agreement nor any of the duties or obligations hereunder may be wisigned by thu Adm1ni.4U=or; provided, however, that thio Seutiun snail not prohibit the engagement of subcontractors or other third parties to perform any part of the Services. The Page 175 of 1471 performance of the Services requires the cooperation and legal authority of the Authority and accordingly the Agreement may not be assigned by the Authority without the prior written consent of Administrator. (h) Governing Law,• Venin Jurisdiction,. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida without regard to conflicts of law principles. Each Party agrees to personal jurisdiction in any action brought in any court, Federal or State, within the County of Palm Beach, State of Florida having subject matter jurisdiction over the, matters arising under this Agreement. Any suit, action or proceeding arising out of or relating to this Agreement shall only be instituted in the County of Palm Beach, State of Florida. Each Party waives any objection which it may have now or hereafter to the laying of the venue of such action or proceeding and irrevocably submits to the jurisdiction of any such court in any such suit, action or proceeding. (i) Attorney's Pees. In the event of any proceedings arising out of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorney's fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 0) Jury Trial. In the event of any Iitigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury. (k) Limitation of Liability. The obligations of the Authority shall be limited to the payment of the compensation provided in this Agreement, and cooperation required to facilitate the implementation of the Program. In no event shall any party to this Agreement shall have any liability for special, consequential, incidental or indirect damages, including lost profits, arising out of or in connection with this Agreement or the Services. (1) D, ays. All wfercnces to days W this Agreomont shall refer to calendar days unless other expressly provided. In the event any period specified in this Agreement expires on a Saturday, Sunday or another day on which banks are permitted or required to be closed in the State of Florida, then the period shall be extended until the next business day. (m) Exhibits. The Exhibits attached hereto are hereby incorporated in and made a part of this Agreement as if sett forth in full herein and are an integral part of this Agreement. (n) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (o) Construction. Interpretation The Parties have participated equally in the drafting and negotiation of this Agreement and accordingly any rule of construction which would construe the terms agreement against the draft are inapplicable. (p) Notices. All notions permitted or Muired under this Agreement shall be in writing and shall be delivered in person or mailed by first class, rcgistored or oc rtified mail, Page 176 of 1471 postage prepaid, to the address of the party specified below or such other address as either party may specify in writing. Such notice shall be deemed to have been given upon receipt. If to Town: Town of Lantana 500 Greynolds Circle Lantana, Florida 33462 Attn: Michael Hornstein, Town Manager If to Authority: Florida Green Finance Authority Attention: Board Chair 500 Greynolds Circle Lantana, Florida 33462 If to Administrator: EcoCity Partners, L3C 224 Datura Street, Suite 211 West Palm Beach, Florida 33401 Attn: Michael Wallander, Manager [Remainder of page intentionally blank.] Page 177 of 1471 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. THE TOWN OF LANTANA, FLORIDA By: Name: IVICM46C .t �1 tii SCf� 7 r7W: i `3Y I'� THE FLORIDA GREEN FINANCE AUTHORITY Name: Title: ECOCITY PARTNERS, L3C, a Vermont low - profit limited liability company Name: fX,cGca.ti Wai(a. +," Title- Page 178 of 1471 ENHIBIT A SCOPE OF THIRD PARTY ADMINISTRATION SERVICES AND PROGRAM FEE SCHEDULE SCOPE OF SERVICES & FEES: L Program Design Services H. Program Implementation Services III. Ongoing Program Administration Services IV. District Management Services V. Ancillary Services VI. Fee Schedule L Program Desiun Services (Grant Funded) Design services for the Florida Green Energy Works Program (the "Program") offered to the Florida Green Finance Authority (the "Authority") by EeoCity Partners, L3C as the Third Party Administrator of the Program, ("TPA" or "Administrator"), include, at a minimum, fulfilling the terms of the Agreement executed between the Town of Lantana and EcoCity Partners, L3C dated July 26, 2011 for the development and operation of a green business certification and finance program (the "Existing Agreement"). The Existing Agreement requires Administrator to design and implement a Program that would transition into a sustainable business model that will continue to operate after the grant funded portion of the work is completed. The Program is intended to fulfill the Existing Agreement requirement that enables other local governments to "opt in" after the Program is formed. Program Design Services includes a series of tasks to design the Program, which tasks must be completed by April 30, 2012 or as otherwise may be required for the Town to fulfill the Grant Agreement, as appropriate, Program Design Services shall be paid for solely through grant funds. Program Design Services tasks, which must be completed by April 30.2012 in accordance with the Grant Agreement, include: Deliverables: PACE District & Finance .Program Enabling Documentation (status as of date of addendum execuden) Consistent with Florida law and Section 163.08, Florida Statutes (the "PACE Act"), Administrator will provide a comprehensive set of documents for the purpose of establishing, authorizing and implementing the Program. By way of example, such documents may include the following components: I ) An enabling ordinance or resolution that includes a determination that the establishment of the program would be in the public interest as required by the law (completed). 2) A statement indicating that the jurisdiction proposes to make voluntary contractual non -ad valorem assessment ("PACE Assessment") financing available to property owners (completed), 3) An identification of the types of renewable energy sources, wind resistance, energy efficiency and other improvements ("Qualifying Improvements") (complelerl). Page 179 of 1471 4) A description of the boundaries of the area within which contractual assessments may be offered (completed). 5) Designation of a date, time and place for the public hearing on the matter, if required (completed). 6) A statement of assessment underwriting standards that is consistent with the PACE Act and other relevant law, and that reflects the legitimate concerns and interests of mortgage lenders, cognizance of the secondary mortgage market, and that is designed to ensure appropriate capital markets participation and form the basis for a Florida statewide PACE financing program (completer!). 7) Consultation with the appropriate local government officials to ensure arrangements for placing the assessments on the tax roll (completed). 8) Development of protocols to create and maintain non -ad valorem assessment rolls, and transfer proceeds to cover debt service and associated program costs (partially completed). 9) A draft form of Financing Agreement and supporting documentation consistent with the PACE Act and/or other relevant law and anticipated market acceptance specifying the terms and conditions for a property owner to fund and Cnanca Qualifying Improvements (partially completed). 10) A Finance Program Handbook that describes the funding process and source(&) to be offered through the Program, The Finance Program may employ funds available to the Authority from any source, and may include the issuance or sale of bonds, obligations, or other financing arrangements. The Finance Program may provide for the establishment of any necessary reserve fund or funds, and will provide for the apportionment of all or any portion of the costs incidental to financing, administration, and collection of the assessments among the consenting property owners and other matters necessary to attract funding and financing (pending approval). 11) Underwriting Criteria: Applicant eligibility and qualification requirements based upon State, federal and local law and prudent underwriting guidelines (partially completed). 12) District Management Policies: Administrator will provide the Authority and participating Districts with draft policies for use by the Authority, the Districts and participating property owners for financing of Qualifying Improvements. These policies will be for adoption by the Districts. The policy statement may include, but is not limited to, identifying designated signatories for each District, a governing Board for each District, a method of prioritizing property owner applications, and proposed Program timelines for application processing, assessment processing, and other customer -service related guidelines (partially completed). rMg=rn lemon ikon Services (Continue After Grant Fulnds Expended) Program implementation services include finalizing and integrating the tasks outlined in the Program Design Services to create and launch a program that is ready to process applications and find projects. Program implementation Services are intended to facilitate the transition to a sustainable business mode -L These services include the following key deliverables - Deliverables: 1) Web Portal. al Administrator will implement and operate a website (www tarn-idagrecncncrgyworks.com) that serves as the primary interlace between applicant and Administrator. Administrator will "brand" the dedicated website for the Authority. Page 180 of 1471 b) The secure website will manage distribution of program application, application filing, the tracking of the application process, and notice of project funding. Data collected may include: i) The number and locations of property owners enrolling in the Program; ii) The type, size and dollar value of install projects; iii) The time between enrollment and installation; and iv) The level of participation of each qualified contractor. c) Through the website, Administrator may develop, implement and administer software and models that: I) Processes applications and funding requests; ii) Provides assessment repayment projections and debt service schedules; iii) Provides real-time reports on Program progress, 2) Contractor Qualification Criteria. a) Administrator will establish threshold eligibility criteria for contractors as a prerequisite to their participation in the Program, which may include, but not necessarily be limited to, having in place appropriate State and local licenses and insurance policies, b) Contractor qualification criteria is intended to emphasize excellence in customer service, market outreach, technical expertise and professionalism without placing an unnecessary or undue burden on contractors for accessing and participating in the Program. 3) Marketing & Communications Program. a) Administrator will develop a marketing and education campaign to inform the local community(ies) and stakeholders about the Program. b) Administrator will develop content for a dedicated website, print materials and workshops. c) Administrator will establish a branding and marketing plan and the coordination of Authority and local government resources to maximize marketing impacts. d) Administrator will facilitate or assist in the facilitation of workshops with contractors, prospective participants and/or other interested parties in order to educate them about the Program terms and application process. e) Administrator may provide a recorded webinar or similar on-line tutorial for property owners and contractors, which will review program policies and requirements. f) Administrator will arrange and prepare presentation materials for the public, legislative and policy-making bodies, credit rating agencies, and credit enhancement and liquidity providers, as required. Page 181 of 1471 II. Onsdoluta Pr ffaw AdMbLutralka Services program administration services include all tasks necessary to administer the Program on an ongoing and sustainable basis, including processing applications, providing customer service and administration, contractor certification, project quality assurance and control, management of assessments and payments. J?eliverablea• 1) Application Processing a) Administrator wil I conduct the property and project screen to ensure both meet the terms and conditions of the Program. Administrator will complete property/project screen within a reasonable period of time from receipt of the application Administrator will regularly report on applications approved, denied or pending. i) Administrator will install protocols for evaluating applicant properties pre- and post- installation for purposes of establishing a Savings to Investment Ratio (SIR) greater than one. ii) Administrator will utilize eligibility and underwriting criteria that complies with State, federal and local taw and prudent underwriting standards and that makes financing available to large and small property owners in traditional as well as underserved markets. b) When funding is requested, Administrator will verify the project installation through review of appropriate documents. Administrator will conduct this review within a reasonable period of time from the date that all required documentation is received. c) Once projects are verified, Administrator will notify the Authority and provide the property owner with legal documents. d) Administrator will verify completion of the legal documents after receipt from property owners and will review such documentation within a reasonable period of time. e) Upon receipt of complete documents, Administrator will notify the Authority of an approved funding request and provide the documents necessary to record the lien. Administrator will record the lien on behalf of the Authority. f) Once a bond is issued and purchased or some other funding mechanism has been completed, Administrator will disburse funds to the property owner within a reasonable period of time. g) Administrator will seek to establish and implement appropriate procedures and timelines for applications filed in paper copy as well as via the web portal. h) The reasonableness of the timelines listed above are subject to revision and specificity by mutual agreement of the Authority and Administrator in conjunction with the establishment and maintenance of program terms and conditions. 2) Program Reporting a) Administrator will providc reports an program application statistics to the Authority on a regular basis. Page 182 of 1471 b) Administrator will preparo reports, schedules and documents to support the issuance and underwriting of bond or other financing documents, such as disclosure documents for the FRS, SEC and/or any other regulatory body purposes; cash flows analysis; debt service and repayment projections; substantiation of revenue and expenditure estimates and project costs; verification of cash flows; and project or market feasibility, as needed. 3) Program Documentation a) Administrator will develop and maintain the documents for Program administration, which may include, but not necessarily be limited to, the following: i) Program Terms and Policies ii) Assessment Underwriting Criteria iii) List of Qualifying Improvements iv) Program Application & Funding Request Forms (1) Application Form (2) Financing Agreement (3) Truth -In -Lending Form (if applicable) (4) Lender Notification & Authorization Form (5) FHFAIFNMA/F'MAC PACE Status Disclosure Form (if necessary) (6) Information Verification Form(s) 4) Customer Service: Administrator will provide direct customer service to the community via the web, email, phone and walk-in, as appropriate. III. District MainaQemeat Services District Management Services involve those tasks necessary to help facilitate the relationship between the Authority and local governments and dependent special districts that participate in the Program. These services may include the following: Deliverables: Administrative and Management Services 1) Attend and conduct all regularly scheduled and special Board meetings, hearings and workshops. Arrange for time and location and all other necessary logistics for such meetings, hearings, etc. 2) Prepare agenda packages for transmittal to Board members and staff prior to ROW meeting;. Prepare mceting materlais for other meetings, hearings, etc. as needed. 3) Provide accurate minutes for all meetings and hearings. Page 183 of 1471 4) Other responsibilities include such items as: a. Custody of the District's Seal b. Records custodian and records management liaison with State of Florida and other applicable government agencies overseeing the storage of inactive files and destruction of obsolete files. c. Maintaining and safeguarding the minutes of public meetings, Resolutions, contracts and agreements. 5) Ensure compliance with Federal and/or State law affecting the District which include but are not limited to the following: a. Property notice all public meetings, in accordance with the appropriate Florida Statutes, including but not limited to, public hearings on assessments, the budget, all other required notices of meetings, hearings and workshops. b. Provide required information to the Department of Community Affairs, the County, the Auditor General, and all other state or local agencies with reporting requirements for the district. 6) Maintain "Record of Proceedings" for the District which includes meeting minutes, agreements, resolutions and other records required by law. a. Implement and maintain a document management system to create and save documents, and provide for the archiving of district documents. b. Protect integrity of all public records in accordance with the requirements of applicable law. Respond to public record requests as required by law. 7) Ensure District is in compliance with administrative and financial reporting for Special Districts. 8) Assist in negotiations of contracts, as directed by the board. 9) Provide contract administration and supervision of all contracts, as directed by the Board. 10) Serve as liaison with County and State agencies, including the Supervisor of Elections, Taxing officials and the Property Appraisers. 11) Implement the policies established by the District. Financial Services 1) Establish Fund Accounting System in accordance with federal and state law as well as Government Accounting Standard Board and the Rules of the Auditor General. 2) Propure rvgulw- baluncb alien, involue statenieilt(s) with budget to actual variances. Prepare Public Dt pasilvr'a Report alai distribute to State. Page 184 of 1471 3) Prepare all other financial reports as regWred by applicable law and accounting standards. Budgeting 1) .Prepare budget, budget resolutions, and backup material for and present the budget at all budget meetings, hearings and workshops. The budget is to be done in accordance with state law standards, and consistent with applicable Government Finance Officers Association and Government Accounting Standard Board standards. Budget preparation shall include calculation of operation and maintenance assessments, which may include development of benefit methodology for those assessments. 2) Administer Adopted Budget of the District. 3) Transmit proposed budget to local governing authorities in the required timeframe prior to adoption. 4) File all required documentation with the Department of Revenue, Auditor General, the County, and ofner governmental agencies with jurisdiction. 5) Prepare and cause to be published notices of all budget hearings and workshops. 6) Prepare year-end adjusting journal entries in preparation for annual audit by independent Certified Public Accounting Firm. ?} Prepare all budget amendments on an outgoing basis. 8) Assist in process to retain an auditor and cooperate and assist in the performance of the audit by the Independent auditor. Revenue Collection 1) Administer collection and disbursement of assessments, fees, and charges and all rcvcnues of the District in accordance with Florida law governing the uniform method of assessing, levying and collecting special assessment. 2) Recommend enforcement actions to ensure payment as needed, 3) Prepare monthly financial reports showing revenues and expenses for the month in comparison to annual budget, noting variances. 4) Prepare and refine a property database. 5) Prepare annual assessment roll. Certify roll either to the County Tax Collector, or direct bill and collect (or both), as appropriate. 6) Issue estoppels letters as needed Accounts Payaablv/9"VIVables i} Administer the proovuSing, review and payment of all invoices and purchase orders. Ensure timely payment of district bills is made. Page 185 of 1471 2) Report cash balances by fund. 3) Maintain checking accounts with qualifled public depository. Capital Program Administration 1) Maintain proper capital fund and project funding accounting procedures and records. 2) Oversee and implement bond issue related compliance, i.e., coordination of annual arbitrage report, transmittal of annual audit and budget to the trustees, transmittal of annual audit and other information to dissemination agent (if other than manager) or directly to bond holders as required by Continuing Disclosure Agreements, annual/quaderly disclosure reporting, update, etc. 3) Prepare annual debt service fund budgets. Work with taxing officials to assure correct application of revenues and proper routing of payments to the trustee to assure proper bond debt pay-off. Track and account for debt service payments and prepayments and process debt lien releases. Purchasing 1) Assist in selection of vendors as needed for services, goods, supplies, and materials. 2) Obtain pricing proposals as needed and in accordance with District rules and State law. 3) Prepare RFPs for services needed, including, when requested, preparation of specifications and bid documents for various professional, construction, and maintenance services. Investment Services 1) Ali investments shall be made pursuant to applicable law and policies approved by the Board of Supervisors. 2) Recommend investment policies and procedures pursuant to State taw. 3) Provide for investment of funds per approved policies. Risk Management 1) Prepare and follow risk management policies and procedures. 2) Recommend and advise the hoard of the appropriate amounts and types of insurance and be responsible for procuring all necessary insurance. 3) Process and assist in the investigation of insurance claims, in coordination with Counsel of the District. 4) Rcvicw uzsurancc polioics and covorago amounts of Diatriot vendors. Page 186 of 1471 IV. Ancillary Services The Administrator may develop additional tools and programs, as may be appropriate, to facilitate interest and participation inthe Program. Administrator will only provide such ancillary services with the advance approval of the Authority, such approval not to be unreasonably withheld. Such ancillary services currently offered by Administrator include development and administration of a green business certification and marketing program for businesses (including those that do not utilize the financing program). Examples of future ancillary services may include, but are not necessarily limited to; workforce or energy auditor training programs; an online marketplace of green technologies (such as those -used in Qualifying Improvements); a carbon -offset / environmental attribute and marketing program that helps participating property owners lower their environmental impact through a purchase of offsets or environmental attributes or earn a fee for the sale of carbon offsets or environmental attributes that they may own and wish to sell; a rewards program; or any other program or service that furthers the broad goals of the Program. V. Fee Schedule The .Administrator shall be entitled to impose and collect fees and charges intended to sustain the operation of the Program In accordance with prudent financial management standards. Such fees shall include (i) community opt -in fees; (li) finance program closing fees; and (iii) ongoing finance program administration fees. From time to time the.tluthority and the Administrator will evaluate the Program fees to ensure that the Program Is priced to be competitive in the marketplace. The initial Schedule of Fees is as set forth in Schedule 1. Page 187 of 1471 Schedule 1 Fee Schedule Community Opt -fn Fee Schedule' 'Opt -in foes cover the u0front loRal costs of establishing the district as well as the techrmlogy set-up costs of adding the community to the Program web platform. Page 188 of 1471 Finance Program Closing Fee Schedule Application Processing $50 $0 $0 Fee Waived Waived Simple Buildings: Simple Buildings: -$0.02/sq ft (lighting) -$0.02/sq ft (lighting) Energy Audit $0,02/sq ft -$4.06/sq ft .$0.06/sq ft (comprehensive) (pass-through)"(comprehensive) Complex Buildings: Complex Buildings: -$0.10 - $0 25/sq ft -$0.10 - $0.25/s ft Technical Project Review $50 $195 $495 (Pass-through)" Appraisal Fee (optional) (pass- TBD Est. $2.5k - $5k Est. $5k - $l Ok through)" Title Search $425 $425 $425 (pas -throw " Jurisdiction $0 $0 $0 Set up Fac Recording Fee (Set by $10 for 1� page; $8.50 each add'l page; $0.60 $10 for 10 page; $8.50 $10 for 1" a $8.50 each P' Florida statute) (pass- abstract fee plus doe. s Bch add,] page; $0.60 add'1 page; $0.60 abstract fee through)** t of stamp tax abstract fee plus doc. plus doe, stamp tax of $0amp stamp tax of $0.35/$1,000. $0.35/$1,000. Origination Fee 2.5% of cost of the 2.5% of cost of the 2.5% of cost of the improvement improvement improvement Bond Counsel Legal TBD "TBD TBD Fees (pass-through)" Progress Payment Request (if applicable) TBD $200 $200 Pre -install Site TBD $525 $525 THS tio0 (optional) Poet -install Site TBD $675 $675 Inspection (optional) Debt Service Reserve Fund TBD Est. 10% of financed Est- 10% of financed amount (if required) amount (subiect to lender (subiect to lender approval) approval) * R")III-Miai PmUratn PRAT only en inro P•ffwct if the Rexidantial Program Isoffered and becomes available pending resolution of legal uncertainty given PHPA, Parmle Mac and Prcddic Mac litigation. ** Pass-through flees are estimates of third -party charges and are subject to change. Page 189 of 1471 Finance Progyram Administrative Fees PACE District 0.5% of collected 0.5% of collected 0.5% of collected amount Admin, Feel amount amount PACE District Legal Fee (Incurred by 0.5% of collected 0.5% of collected 0.5% of collected amount Authority). amount amount Property Appraiser $150/year + $1 SO/year + $0.75Iper $150/year + $0.75/per parcel ss-thro �� $0,75/per Marcel parcel Tax Collector 1-20/o of collections 1-2% of collections 1-2% of collections (pass-through)" * Residential Program Fees only go into effect if the Residential Program is offered and becomes available pending resolution of legal uncertainty given FHFA, Fannie Mae and Freddie Mac litigation. *- * Pass-through fees are estimates of third -party charges and are subject to change. I The PACE District Administration fees cover the cost of the annual audit for the PACE governmental authority alongwith district management fees and costs to manage the Authority, prepare the assessment role, and to legally advertise and hold four (4) quarterly hearings per year. a District assessments are considered Ievied by the County for purposes of determining commissions under Chapter 192, F.S. Payments must be paid quarterly. 3 thaptar 147, FS requlres relmhursrmrni t Ir Prnprrty Apprai,ker Fnr adminisb-ativr roKH,1150 per yrnr plus au eiuludl fee ur*0.75 ptr perrel suhjrrt to thr axscstinent 4 The amount of the ice is dependent an the actual assessments, not to exceed 2%. Page 190 of 1471 EXfiiBff B CURRENT LIST OF SUBCONTRACTORS & LICENSES Current List of Subaln==a Erin L. Deady, P.A. EcoChamber, Inc. Lewis, Longman & Walker, P.A. Renewable Funding, LLC Demeter Power Group, Inc. Special District Services, Inc. Zamia Ventures, LLC Green Bureau, LLC Current Last of Licenses Demeter Power Group, Inc. d/b/a Demeter Fund (PACE3P) Green Bureau, LLC (web -based sustainability too]) Page 191 of 1471 M CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16 -119 -Approve membership agreement between the City of Boynton Beach and Green Corridor PACE District for financing of qualified improvements in accordance with Section 163.08, Florida Statutes. EXPLANATION OF REQUEST: On September 8th, 2016 the City Commission adopted Ordinance 16-017 creating minimum standards for the establishment of Property Assessed Clean Energy (PACE) programs in the City of Boynton Beach. Under Section 163.01 of the Florida State Statues, local governments may enter into interlocal agreements for their mutual benefits and allows for the creation of a separate legal or administrative entity to carry out the purposes of an interlocal agreement. Section 163.08 of the Florida State Statues provides subject to local government ordinance or resolution that a property owner may apply to the local government for funding to finance a qualifying improvement and enter into a financing agreement with the local government. Costs incurred by the local government for such purpose may be collected as a non -ad valorem assessment. A non -ad valorem assessment shall be collected pursuant to s. 197.3632 and, notwithstanding s. 197.3632(8)(a), shall not be subject to discount for early payment. Pursuant to City Ordinance 16-017 Green Corridor PACE has petitioned the City to join Green Corridor Property Assessment Clean Energy (PACE) District as a non-voting member. The purpose of this membership agreement is to facilitate the financing of qualifying improvements for property owners within the City of Boynton Beach in accordance with Section 163.08, Florida Statutes. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By approving the membership agreement the City of Boynton Beach will be able to provide property owners the ability to finance energy improvements to their properties through assessments on their tax bills. This program will encourage energy efficient practices and create jobs. It will impact the City's carbon footprint by reducing greenhouse gas emissions and helping to meet our goal of an 18% reduction of GHG emissions by 2035. FISCAL IMPACT. Budgeted There is no fiscal impact to the City as all costs for the program will be borne by third party entities. ALTERNATIVES: Do not approve the membership agreement and do not move forward with any PACE programs at this time. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 192 of 1471 CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Climate Action Plan Implementation Initiative # 4.5.2 (8) "Investigate low interest revolving loan funds for establishment of a Property Assessed Clean Energy ("PACE')program to help finance retrofits. Ensure the program includes commercial, residential, and industrial projects to maximize energy retrofit benefits among the highest energy consumers. " Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Membership Agreement in FACE. Interlocal Agreement Amended and Restated Interlocal Agreement D Addendum Membership Agreement REVIEWERS: Department Reviewer Action Date Development Mack, Andrew Approved 3/31/2016 - 5:03 FM Assistant City Manager Groff, Colin Approved 9/1/2016 - 9:03 AM Finance Howard, Tim Approved 9//201 - 3:35 AM Legal Swanson, Lynn Approved 9/16/2016- 11:06 AM City Manager LaVerriere, Lori Approved 9/16/2016 - 2:02 FM Page 193 of 1471 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 THE MEMBERSHIP AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE GREEN CORRIDOR PACE DISTRICT FOR FINANCING OF QUALIFIED IMPROVEMENTS; AUTHORIZING THE MAYOR TO SIGN THE MEMBERSHIP AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 8, 2016, the City Commission adopted Ordinance 16-017 creating minimum standards for the establishment of Property Assessed Clean Energy (PACE) programs within the City; and WHEREAS, under Section 163.01, Florida Statutes, local governments may enter into interlocal agreements for their mutual benefits and allows for the creation of a separate legal or administrative entity to carry out the purposes of an interlocal agreement; and WHEREAS, Section 163.08, F.S. authorizes local governments in Florida to either form individual programs, or partner with other local governments to allow property owners to voluntarily finance energy efficiency, renewable energy or wind resistance improvements; and WHEREAS, pursuant to City Ordinance 16-017, Green Corridor PACE has petitioned the City to join Green Corridor Property Assessment Clean Energy (PACE) District as a non- voting member; and WHEREAS, this Membership Agreement will facilitate the financing of qualifying improvements for property owners within the City of Boynton Beach in accordance with Section 163.08, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7B019807-9296-4F81-9783-COB73007A9B7\Boynton Beach. 4114.1. Membership_Agreement Green Corridor PACE Districtl_-_Reso.doc 1 Page 194 of 1471 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 33 approves the Membership Agreement between the City of Boynton Beach and the Green 34 Corridor PACE District for financing of qualified improvements in accordance with Section 35 163.08, Florida Statutes, a copy of the Membership Agreement is attached hereto as Exhibit 36 "A" 37 Section 3. The City Commission hereby authorizes the Mayor to sign the 38 Membership Agreement as referenced as Exhibit "A" above. 39 Section 4. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this day of , 2016. 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 YES NO 44 45 Mayor — Steven B. Grant 46 47 Vice Mayor — Mack McCray 48 49 Commissioner — Justin Katz 50 51 Commissioner — Christina L. Romelus 52 53 Commissioner — Joe Casello 54 55 56 VOTE 57 ATTEST: 58 59 60 Judith A. Pyle, CMC 61 Interim City Clerk 62 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7B019807-9296-4F81-9783-COB73007A9B7\Boynton Beach. 4114.1. Membership_Agreement Green_Corridor PACE Districtl_-_Reso.doc 2 Page 195 of 1471 63 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\7BO19807-9296-4F81-9783-COB73007A9B7\Boynton Beach. 4114.1. Membership_Agreement Green Corridor PACE Districtl_-_Reso.doc Page 196 of 1471 W ! ` ". GFN 2012RO5547 022 OR Bk 28217 Pas 0312 - 333; (22a90 AMENDED AND RESTATED' RECORDED 08/06/2012 12:20:13 INTERLOCAL AGREEMENT BETWEEN THE TOAX&ADE COUNTYP��FLORCOURT CUTLER BAY, VILLAGE OF PALMETTO BAY, VILLAGE OF PINECREST, CITY OF SOUTH MIAMI, MIAMI SHORES VILLAGE, CITY OF CORAL GABLES & CITY OF MIAMI This Amended and Restated Interlocal Agreement (the "Interlocal Agreement") is entered into between the Town of Cutler Bay, Florida, a Florida municipal corporation; Village of Palmetto Bay, Florida, a Florida municipal corporation; Village of Pinecrest, a Florida municipal corporation; City of South Miami, a Florida municipal corporation; Miami Shores Village, a Florida municipal corporation; City of Coral Gables, a Florida municipal corporation, and the City of Miami, a Florida municipal corporation (Collectively, the "Parties"). RECITALS WHEREAS, Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969," authorizes local government units to enter into interlocal agreements for the mutual benefit of governmental units; and WHEREAS, Section 163.01 (7), Florida Statutes, allows for the creation of a "separate legal entity" constituted pursuant to the terms of the interlocal agreement to carry out the purposes of the interlocal agreement for the mutual benefit of the governmental units; and WHEREAS, the Parties desire to enter into an interlocal agreement creating a separate legal entity entitled the Green Corridor Property Assessment Clean Energy (PACE) District, hereinafter referred to as the "District;" and WHEREAS, Section 166.021, Florida Statutes, authorizes the Parties to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 163.08, Florida Statutes, provides that a "local government," defined as a county, municipality, a dependent special district as defined in Section 189.403, Florida Statutes, or a separate legal entity created pursuant to Section 163.01(7), Florida Statutes may finance energy related "qualifying improvements" through voluntary assessments; and This Interlocal Agreement restates and amends an interlocal agreement approved by the Town of Cutler Bay, Village of Palmetto Bay, Village of Pinecrest, and City of South of Miami, which was not recorded and thus never became effective. Therefore, this Interlocal Agreement, upon recordation, shall serve as the Interlocal Agreement establishing the Green Corridor Property Assessment Clean Energy (PACE) District created pursuant to Section 163.01(7), Florida Statutes. Page 197 of 1471 Book28217/Page312 CFN#20120550022 Page 1 of 22 4 u ' WHEREAS, Section 163.08, Florida Statutes, provides that improved property that has been retrofitted with energy-related qualifying improvements receives the special benefit of alleviating the property's burden from energy consumption and assists in the fulfillment of the state's energy and hurricane mitigation policies; and WHEREAS, Section 163.08(5), Florida Statutes, provides that local governments may enter into a partnership with one or more local governments for the purpose of providing and financing qualifying improvements; and WHEREAS, the Parties to this Interlocal Agreement have expressed a desire to enter into this Interlocal Agreement in order to authorize the establishment of the District as a means of implementing and financing a qualifying improvements program within the District; and WHEREAS, the Parties have determined that it is necessary and appropriate to create the District and to clarify various obligations for future cooperation between the Parties related to the financing of qualifying improvements within the District; and WHEREAS, the Parties agree and understand that each member of the District will have complete control over the administration, governance, and implementation of their own PACE program, which includes, but is not limited to, the ability to review and approve program documents, marketing strategies, and determining eligible property types and improvements; and WHEREAS, the Parties have determined that it shall serve the public interest to enter into this Interlocal Agreement to make the most efficient use of their powers by enabling them to cooperate on a basis of mutual advantage to provide for the financing of qualifying improvements within the District. NOW, THEREFORE, in consideration of the terms and conditions, promises and covenants hereinafter set forth, the Parties agree as follows: Section 1. Recitals Incorporated. The above recitals are true and correct and incorporated herein. Section 2. Purpose. The purpose of this Interlocal Agreement is to consent to and authorize the creation of the District, pursuant to Section 163.08, Florida Statutes in order to facilitate the financing of qualifying improvements for property owners within the District. The District shall be a separate legal entity, pursuant to Section 163.01(7), Florida Statutes. Section 3. Qualifying Improvements. The District shall allow the financing of qualifying improvements as defined in Section 163.08, Florida Statutes. Section 4. Enabling Ordinance or Resolution. The Parties to this Interlocal Agreement agree to approve and keep in effect such resolutions and ordinances as may be necessary to approve, create and maintain the District. Said ordinances and resolutions shall include all of the provisions as provided for in Sections 163.01 and 2 Pae 198 of 1471 Book28217/Page313 CFN#20120550022 Page of 22 It 163.08, Florida Statutes, for the creation of a partnership between local governments as a separate legal entity. The District shall be created upon the execution of this Interlocal Agreement by the Parties hereto and the adoption of an ordinance or resolution of support by the Parties establishing the District. Additional local governments may join in and enter into this Interlocal Agreement by approval of two- thirds of the members of the Board (as defined in Section 6 below), execution of this Interlocal Agreement and adoption of an ordinance or resolution of support establishing the District. Section 5. District Boundaries. The boundaries of the District shall be the legal boundaries of the local governments that are Parties to this Interlocal Agreement. As contemplated in this Interlocal Agreement, the District will levy voluntary assessments on the benefitted properties within the boundaries of the District to help finance the costs of qualifying improvements for those individual properties. Upon petition by the landowners of individual properties desiring to be benefited, those properties receiving financing for qualifying improvements shall be assessed from time to time, in accordance with the applicable law. Notwithstanding a Parties termination of participation within this Interlocal Agreement, those properties that have received financing for qualifying improvements shall continue to be a part of the District, until such time that all outstanding debt has been satisfied. Section 6. Governing Board of the District. The District shall be governed by a governing board (the "Board,") which shall be comprised of property owners or elected officials within the jurisdictional boundaries of the Parties to this Interlocal Agreement and one at large property owner from within the District. The maximum number of members of the Board serving at any given time shall be no more than seven (7) and the minimum number of members shall be not less than three (3). Notwithstanding the foregoing, the maximum number of members on the Board may be increased by a two - third majority vote of the Board. The initial Board shall serve for an initial four (4) year term and shall consist of one (1) representative appointed by each Party from within their jurisdictional boundaries. The initial at large member of the Board shall be appointed by a majority vote of the Board. All subsequent renewal terms shall be for four (4) years. Following the initial Board appointments, the Parties to this Interlocal Agreement shall nominate appointees to be elected to the Board by current sitting Board members. In the event a Board member is no longer eligible to serve on the Board, that Party to this Interlocal Agreement shall appoint a replacement to fulfill the remaining term of that member. The Board's administrative duties shall include all duties necessary for the conduct of the Board's business and the exercise of the powers of the District as provided in Section 11. Section 7. Decisions of the Board. Decisions of the Board shall be made by majority vote of the Board. The Board may adopt rules of procedure. In the absence of the adoption of such rules of procedure, the fundamental parliamentary procedures of Roberts Rules of Order shall apply. Section 8. District Staff and Attorney. The Town Manager of Cutler Bay shall serve as the staff to the District. In addition, the Town Attorney for Cutler Bay shall 3 Pae 199 of 147"1 Book28217/Page314 CFN#20120550022 Page of 22 1 ` 1 : serve as the counsel to the District. To the extent not paid by the Third Party Administrator of the District (the "TPA"), all of the District's staff and attorney expenses shall be borne by the Town of Cutler Bay. After the District has been operating for two years, the Board may choose to hire different District staff and/or Attorney. If the Board chooses to hire different District staff and/or Attorney, the Town of Cutler Bay will no longer pay for the staff and/or attorney expenses to the extent they are not paid by the TPA. Section 9. Financing Agreement. The Parties agree that the District shall enter into a financing agreement, pursuant to Section 163.08(8), Florida Statutes, with property owner(s) who obtain financing through the District. Section 10. Procurement. The Parties agree and understand that the initial procurement for the TPA for the District was performed by the Town of Cutler Bay in accordance with its adopted competitive procurement procedures (Request for Proposal 10-05). The Parties further agree and understand that the Town of Cutler Bay has selected Ygrene Energy Fund, Florida, LLC (the "Ygrene") as the initial TPA. The Town of Cutler Bay, on the behalf of the District, has entered into an Agreement between the Town of Cutler Bay and Ygrene, dated August 16, 2011, which was assigned to the District. Section 11. Powers of the District. The District shall exercise any or all of the powers granted under Sections 163.01 and 163.08, Florida Statutes, as may be amended from time to time, which include, without limitation, the following: a. To finance qualifying improvements within the District boundaries; b. In its own name to make and enter into contracts; C. To employ agencies, employees, or consultants; d. To acquire, construct, manage, maintain, or operate buildings, works, or improvements; e. To acquire, hold, or dispose of property; f. To incur debts, liabilities, or obligations which do not constitute the debts, liabilities, or obligations of any of the Parties to this Interlocal Agreement; g. To adopt resolutions and policies prescribing the powers, duties, and functions of the officers of the District, the conduct of the business of the District, and the maintenance of records and documents of the District; h. To maintain an office at such place or places as it may designate within the District or within the boundaries of a Party to this Interlocal Agreement; L To cooperate with or contract with other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of 4 Page 200 of 1471 Book28217/Page315 CFN#20120550022 Page 4 of 22 the powers, duties, or purposes authorized by Section 163.08, Florida Statutes, and to accept funding from local and state agencies; j. To exercise all powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized in Section 163.08, Florida Statutes; and k. To apply for, request, receive and accept gifts, grants, or assistance funds from any lawful source to support any activity authorized under this Agreement. Section 12. Quarterly Reports. A quarterly report of the District shall be completed in accordance with generally accepted Government Auditing Standards by an independent certified public accountant. At a minimum, the quarterly report shall include a balance sheet, statement of revenues, expenditures and changes in fund equity and combining statements prepared in accordance with generally accepted accounting principles. All records such as, but not limited to, construction, financial, correspondence, instructions, memoranda, bid estimate sheets, proposal documentation, back charge documentation, canceled checks, reports and other related records produced and maintained by the District, its employees and consultants shall be deemed public records, and shall be made available for audit, review or copying by a Party to this Interlocal Agreement upon reasonable notice. Section 13. Term. This Interlocal Agreement shall remain in full force and effect from the date of its execution; provided, however, that any Party may terminate its involvement in the District and its participation in this Interlocal Agreement upon ten (10) days' written notice to the other Parties. Should a Party terminate its participation in this Interlocal Agreement, be dissolved, abolished, or otherwise cease to exist, the District and this Interlocal Agreement shall continue until such time as all remaining Parties agree to terminate. Section 14. Consent. This Interlocal Agreement and any required resolution or ordinance of an individual Party shall be considered the Parties' consent to the creation of the District as required by Sections 163.01 and 163.08, Florida Statutes. Section 15. Liability. The Parties hereto shall each be individually and separately liable and responsible for the actions of its own officers, agents and employees in the performance of their respective obligations under this Interlocal Agreement. Except as specified herein, the Parties shall each individually defend any action or proceeding brought against their respective agency pursuant to this Interlocal Agreement and shall be individually responsible for all of their respective costs, attorneys' fees, expenses and liabilities incurred as a result of any such claims, demands, suits, actions, damages and causes of action, including the investigation or the defense thereof, and from and against any orders, judgments or decrees which may be entered as a result thereof. The Parties shall each individually maintain throughout the term of this Interlocal Agreement any and all applicable insurance coverage required by Florida law for governmental entities. Nothing in this Agreement shall be construed R Pa e 201 of 1471 Book28217/Page316 CFN#20120550022 Page of 22 V, . s : to affect in any way the Parties' rights, privileges, and immunities, including the monetary limitations of liability set forth therein, under the doctrine of "sovereign immunity" and as set forth in Section 768.28 of the Florida Statutes. Section 16. Indemnification. The Parties agree that the TPA for the District shall always indemnify and hold harmless the Parties and the District. The Parties understand and acknowledge that the indemnification provisions included in Section 11 "Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated August 16, 2011, which will be assigned to the District, extend to all of the members of the District. Section 17. Notices. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or it must be given by written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is intended, at the place specified. For the present, the Parties designate the following as the respective places for notice purposes: If to See Attachment With a Copy to: See Attachment Section 18. Amendments. It is further agreed that no modification, amendment or alteration in the terms or conditions herein shall be effective unless contained in a written document executed by the Parties hereto and the District. 1.1 Pae 202 of 1471 Book28217/Page317 CFN#20120550022 Page a of 22 Section 19. Filing. It is agreed that this Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Miami -Dade County, as required by Section 163.01 (11), Florida Statutes. Section 20. Joint Effort. The preparation of this Interlocal Agreement has been a joint effort of the Parties hereto and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. Section 21. Merger. This Interlocal Agreement incorporates and includes all prior negotiations, correspondence, agreements or understandings applicable to the matters contained herein; and the Parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Interlocal Agreement that are not contained in this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written It is further agreed that no change, amendment, alteration or modification in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith by all Parties to this Interlocal Agreement. Section 22. Assignment. The respective obligations of the Parties set forth in this Interlocal Agreement shall not be assigned, in whole or in part, without the written consent of the other Parties hereto. Section 23. Records. The Parties shall each maintain their own respective records and documents associated with this Interlocal Agreement in accordance with the requirements for records retention set forth in Chapter 119, Florida Statutes. Section 24. Governing Law and Venue. This Interlocal Agreement shall be governed, construed and controlled according to the laws of the State of Florida. Venue for any claim, objection or dispute arising out of the terms of this Interlocal Agreement shall be proper exclusively in Miami -Dade County, Florida. Section 25. Severability. In the event a portion of this Interlocal Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective. Section 26. Third Party Beneficiaries. This Interlocal Agreement is solely for the benefit of the Parties and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in the Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the Parties any right, remedy, or claims under or by reason of this Interlocal Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the Parties. 7 Page 203 of 1471 Book28217/Page318 CFN#20120550022 Page 7 of 22 Section 27. Effective Date. This Interlocal Agreement shall become effective upon the execution by the Parties hereto and recordation in the public records of the applicable county. [Remainder of page intentionally left blank.] I✓' Book28217/Page319 CFN#20120550022 Pa204 of 1471 e Page � of 22 IN WITNESS WHEREOF, the Parties hereto have made and executed this Interlocal Agreement on this ' l"day of I-su 2012. AT] IISTA (Affix Town Seal) TOWN OF CUTLER BAY, a municipal corporation of the State of Florida Town anager C91-2� — Approved by Town Attorney as to form and legal sufficiency Town Attorney le Pa e 205 of 1471 Book28217/Page320 CFN#20120550022 Page of 22 Section 16. Indemnification. The Parties agree that the TPA for the District shall always indemnify and hold harmless the Parties and the District. The Parties understand and acknowledge that the indemnification provisions included in Section 11 "Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated August 16, 2011, which will be assigned to the District, extend to all of the members of the District. Section 17. Notices. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or it must be given by written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is intended, at the place specified. For the present, the Parties designate the following as the respective places for notice purposes: If to Cutler Bay: Town Manager Town of Cutler Bay 10720 Caribbean Boulevard, Suite 105 Town of Cutler Bay, Florida 33189 With a Copy to: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Boulevard Suite 700 Coral Gables, Florida 33134 Section 18. Amendments. It is further agreed that no modification, amendment or alteration in the terms or conditions herein shall be effective unless contained in a written document executed by the Parties hereto and the District. A Page 206 of 141 Book28217/Page321 CFN#20120550022 Page 10 of 22 IN WITNESS WHEREOF, the Parties hereto have made and executed this Interlocal Agreement on this / Z day of SK \ K , 2012. of C t" t CORPORATED � 2005 ATTEST: �4®RION BY: (Affix Town Seal) Approved by Town Attorney as to form and legal sufficiency ATTEST: BY: — a) Gui . ing6anzo, Jr., CMC Village Clerk (Affixeal) V , uilt Approved by T-dwn Attorney as to form and legal sufficiency Book28217/Page322 TOWN OF CUTLER BAY, a municipal corporation of the State of Florida BY: k 4a4 -X Town Manager e "� � i '4 Town Attorney VILLAGE OF PINECREST, a municipal corporation of the State of Flo V�4— BY: ocely ano Gam z, MA -CM Village Manager M/ , WSW— 4 ()�F/j N pal 4 &- rk—torn6y CFN#20120550022 Page 207 of 1471 Page 11 of 22 % -s 0 "Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated August 16, 2011, which will be assigned to the District, extend to all of the members of the District. Section 17. Notices. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or it must be given by written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is intended, at the place specified. For the present, the Parties designate the following as the respective places for notice purposes: If to Cutler Bay: Town Manager Town of Cutler Bay 10720 Caribbean Boulevard, Suite 105 Town of Cutler Bay, Florida 33189 With a Copy to: Weiss Serota Heffman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Boulevard Suite 700 Coral Gables, Florida 33134 e...CreI\ I {L �3l Sb Section 18. Amendments. It is further agreed that no modification, amendment or alteration in the terms or conditions herein shall be effective unless contained in a written document executed by the Parties hereto and the District. Section 19. Filing. It is agreed that this Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Miami -Dade County, as required by Section 163.01 (11), Florida Statutes. C� Paie 208 of 1471 Book28217/Page323 CFN#20120550022 Page 2 of 22 IN WITNESS WHEREOF, the Parties hereto have made and executed this Interlocal Agreement on t 'l day of , 2012. GU I . vORPORATED 2005 ATTEST: OWN OF CUTLER BAY, a municipal orporation of the State of Florida ORIDP BY: BY:� Town derk Town anagen (Affix Town Seal) Approved by Town Attorney as to form and legal sufficiency _ Town Attorney ATTEST: CITY OF SOUTH MIAMI, a municipal corporation of the State of Florida BY: By-fili�) nn "-City-Clerk ity ana r (Affix Town Seal) Approved by City Attorney as to form and legal sufficiency 9 Page 209 of 1471 Book28217/Page324 CFN#20120550022 Page 13 of 22 Section 16. Indemnification. The Parties agree that the TPA for the District shall always indemnify and hold harmless the Parties and the District. The Parties understand and acknowledge that the indemnification provisions included in Section 11 "Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated August 16, 2011, which will be assigned to the District, extend to all of the members of the District. Section 17. Notices. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or it must be given by written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is intended, at the place specked. For the present, the Parties designate the following as the respective places for notice purposes: If to Cutler Bay: Town Manager Town of Cutler Bay 10720 Caribbean Boulevard, Suite 105 Town of Cutler Bay, Florida 33189 With a Copy to: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Boulevard Suite 700 Coral Gables; Florida" 33134 ei T y H #J64tXt. c �-y d arTy M i i}M Section 18. Amendments. It is further agreed that no modification, amendment or alteration in the terms or conditions herein shall be effective unless contained in a written document executed by the Parties hereto and the District. 1.1 Paie 210 of 1471 Book28217/Page325 CFN#20120550022 Page 4 of 22 IN WITNESS WHEREOF the tpreto have made and executed this Interlocal Agreement on this y of _ _ _ , 2012. ATTEST: BY - ill ge Clerk (Affix Village Seal) as to 01, VILLAGE OF PALMETTO BAY, a municipal corporation athe State of Florid BY: Village a ag d-= illage ttomey Page 211 of 1471 Book28217/Page326 CFN#20120550022 Page 15 of 22 Section 17. Notices. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or it must be given by written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is intended, at the place specified. For the present, the Parties designate the following as the respective places for notice purposes: If to Cutler Bay: Town Manager Town of Cutler Bay 10720 Caribbean Boulevard, Suite 105 Town of Cutler Bay, Florida 33189 With a Copy to: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Boulevard Suite 700 Coral Gables, Florida 33134 1//k -+C4 MAw Gti►^- �/��sti 69LA47212 Ift ccc. 7.7/5-7 Section 18. Amendments. It is further agreed that no modification, amendment or alteration in the terms or conditions herein shall be effective unless contained in a written document executed by the Parties hereto and the District. Section 19. Eft. It is agreed that this Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Miami -Dade County, as required by Section 163.01 (11), Florida Statutes. Section 20. Joint Effort. The preparation of this Interlocal Agreement has been a joint effort of the Parties hereto and the resulting document shall not, solely as a N. Page 212 of 1471 Book28217/Page327 CFN#20120550022 Page 16 of 22 IN WITNESS WHEREOF, the Parties hereto have made and executed this Interlocal Agreement on this _qday of TvL 9 12012. ATTEST: BY: Village Clerk 4 " fix Village Seal) 4 MIAMI SHORES VILLAGE, a municipal corporation of the State of Florida BY: Village Manager 10 Pae 213 of 1471 Book28217/Page328 CFN#20120550022 Page 17 of 22 Section 16. Indemnification. The Parties agree that the TPA for the District shall always indemnify and hold harmless the Parties and the District. The Parties understand and acknowledge that the indemnification provisions included in Section 11 "Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated August 16, 2011, which will be assigned to the District, extend to all of the members of the District. Section 17. Notices. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or it must be given by written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is intended, at the place specified. For the present, the Parties designate the following as the respective places for notice purposes: If to Cutler Bay: Town Manager Town of Cutler Bay 10720 Caribbean Boulevard, Suite 105 Town of Cutler Bay, Florida 33189 With a Copy to: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Boulevard Suite 700 Coral Gables, Florida 33134 If to Miami Shores Village Village Manager Miami Shores Village 10050 N.E. 2"d Avenue Miami Shores, FL 33138 With a Copy to: Richard Sarafan, Esquire Genovese Joblove & Batista 100 S.E. Second Street, 44th Floor Miami, FL 33131 Section 18. Amendments. It is further agreed that no modification, amendment or alteration in the terms or conditions herein shall be effective unless contained in a written document executed by the Parties hereto and the District. 1.1 Book28217/Page329 CFN#20120550022 Pae 214 of 1471 Page 18 of 22 '( , , 4 i. - IN WITNESS WHEREOF, the Parties hereto have made and executed this Interlocal Agreement on this Z day of ATTEST:+ B1 . A y City Clerk= Hisc,lla ASoy% (Affix City Seal) CITY OF MIAMI, a municipal corporation of the State of Florida Approved by City Attorney as to fonn and legal sufficiency City Attorney WA Page 215 of 1471 Book28217/Page330 CFN#20120550022 Page 19 of 22 4r 1, *,-,. Section 16. Indemnification. The Parties agree that the TPA for the District shall always indemnify and hold harmless the Parties and the District. The Parties understand and acknowledge that the indemnification provisions included in Section 11 "Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated August 16, 2011, which will be assigned to the District, extend to all of the members of the District. Section 17. Notices. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or it must be given by written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is intended, at the place specified. For the present, the Parties designate the following as the respective .places for notice purposes: If to City of Miami: Johnny Martinez City Manager City of Miami 3500 Pan American Dr. ❑ Miami, Florida 33133 With a Copy to: Julie O. Bru Office of the City Attorney 444 SW 2nd Avenue, Suite 952 Miami, Florida 33130 Section 18. Amendments. It is further agreed that no modification, amendment or alteration in the terms or conditions herein shall be effective unless contained in a written document executed by the Parties hereto and the District. A Pay 216 of 1471 Book28217/Page331 CFN#20120550022 Page 0 of 22 R 1t 1— IN WITNESS WHEREOF the Parties hereto have made and executed this Interlocal Agreement on this 72 "day of , 2012. The City's execution of this Agreement is subject to Resolution 2012405, which establishes the properties within Coral Gables that may participate in the District. A copy of the Resolution is attached hereto, and incorporated herein. ATTEST: BY.�-, hew ity4 Clerk - ! ( ix ow*segl}'1 a p fi CITY OF CORAL GABLES, a municipal corporation of the State of Florida 9�� City Manager Approved by City Attorney as to form and legal sufficiency City Attorney 0 Pay 217 of 1471 Book28217/Page332 CFN#20120550022 Page 1 of 22 fa " f►,. , , OR BK 28217 PG 0333 UAST PAGE Section 16. Indemnification. The Parties agree that the TPA for the District shall always indemnify and hold harmless the Parties and the District. The Parties understand and acknowledge that the indemnification provisions included in Section 11 "Indemnification" of the Agreement between the Town of Cutler Bay and Ygrene, dated August 16, 2011, which will be assigned to the District, extend to all of the members of the District. Section 17. Notices. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or it must be given by written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is intended, at the place specified. For the present, the Parties designate the following as the respective places for notice purposes: If to Cutler Bay: Town Manager Town of Cutler Bay 10720 Caribbean Boulevard, Suite 105 Town of Cutler Bay, Florida 33189 With a Copy to: Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Boulevard Suite 700 Coral Gables, Florida 33134 If to Coral Gables City Manager City of Coral Gables 405 Biltmore Way Coral Gables, Florida 33134 With a Copy To: City Attorney City of Coral Gables 405 Biltmore Way Coral Gables, Florida 33134 Section 18. Amendments. It is further agreed that no modification, amendment or alteration in the terms or conditions herein shall be effective unless contained in a written document executed by the Parties hereto and the District. n Page 218 of 1471 Book28217/Page333 CFN#20120550022 Page 22 of 22 MEMBERSHIP AGREEMENT BETWEEN THE GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT AND CITY OF BOYNTON BEACH, FLORIDA This Membership Agreement (the "Membership Agreement") is entered into this day of , 2016 by and between the Green Corridor Property Assessment Clean Energy (PACE) District, a public body corporate and politic (the "Green Corridor"), and City of Boynton Beach, Florida, a [political subdivision] [municipality] of the State of Florida (the "City") (collectively, the "Parties") for the purpose of providing a PACE program within the City of Boynton Beach. RECITALS WHEREAS, on August 6, 2012, the Green Corridor was created as a separate legal entity pursuant to Section 163.01(7), Florida Statutes, to finance qualifying improvements in accordance with Section 163.08, Florida Statutes; and WHEREAS, on , the City adopted Resolution agreeing to join the Green Corridor as a non-voting member in order to finance qualifying improvements in the City of Boynton Beach in accordance with Section 163.08, Florida Statutes; and WHEREAS, the Parties have determined that entering into this Membership Agreement is in the best interest and welfare of the property owners within the Green Corridor and City. NOW, THEREFORE, in consideration of the terms and conditions, promises and covenants hereinafter set forth, the Parties agree as follows: Recitals Incorporated. The above recitals are true and correct and incorporated herein. 2. Purpose. The purpose of this Membership Agreement is to facilitate the financing of qualifying improvements for property owners within the City of Boynton Beach in accordance with Section 163.08, Florida Statutes, by virtue of the City's joining the Green Corridor as a non-voting member and utilizing the Green Corridor's existing program (the "Program"). Qualifying Improvements. The City shall allow the Green Corridor to provide financing of qualifying improvements, as defined in Section 163.08, Florida Statutes, on properties within the City of Boynton Beach. 4. Non -Exclusive. The Green Corridor Program is non-exclusive, meaning the City specifically reserves the right to join any other entity providing a similar program under Section 163.08, Florida Statutes, or create its own program under Section 163.08, Florida Statutes. Program Guidelines: The Parties agree that, unless the City desires to implement its own local program guidelines as described below, the Program to be offered in the City will be wholly governed by the Green Corridor's Program Guidelines. Page 219 of 1471 Green Corridor's Program Guidelines will meet the City's minimum standards as outlined in Ordinance 16-017. Any such local program guidelines can be amended and changed only by the authorized designee of the City. These local program guidelines shall be consistent with the Green Corridor's guidelines. The City may adopt more restrictive guidelines than that of the Green Corridor. 6. Boundaries. Pursuant to this Membership Agreement, the boundaries of the Green Corridor shall include the legal boundaries of the City of Boynton Beach, which boundaries may be limited, expanded, or more specifically designated from time to time by the City by providing written notice to the Green Corridor. As contemplated in the Interlocal Agreement (as defined in Section 8) and as supplemented by this Membership Agreement, the Green Corridor will, on a non- exclusive basis, levy voluntary non ad valorem special assessments on the benefitted properties within the boundaries of the City of Boynton Beach to help finance the costs of qualifying improvements for those individual properties. Those properties receiving financing for qualifying improvements shall be assessed from time to time, in accordance with Section 163.08, Florida Statutes and other applicable law. Notwithstanding termination of this Membership Agreement or notice of a change in boundaries by the City as provided for above, those properties that have received financing for qualifying improvements shall continue to be a part of the Green Corridor, until such time that all outstanding debt has been satisfied. 7. Financing Agreement. The Parties agree that the Green Corridor may enter into a financing agreement, pursuant to Section 163.08, Florida Statutes, with property owner(s) within the City of Boynton Beach who obtain financing through the Green Corridor. 8. Amended and Restated Interlocal Agreement. The Parties agree that the City shall be subject to all terms, covenants, and conditions of the Amended and Restated Interlocal Agreement recorded in the Official Records of Miami -Dade County at Official Records Book 28217, Page 0312, which created the Green Corridor (the "Interlocal Agreement"). In the event of any conflict between the Interlocal Agreement and this Membership Agreement, this Membership Agreement shall control the rights and obligations of the City. 9. Responsibilities of the Green Corridor; Indemnification. The Green Corridor shall be solely responsible for all matters associated with origination, funding, financing and administration of each of the Green Corridor's authorized non -ad valorem assessments, including responding to any complaints or inquiries by participants, tax certificate holders, lenders or others relating to the Program's special assessments, the Program's financing agreements, the Program's qualifying improvements, or any other aspect of the Program. The Parties understand that indemnification of the Green Corridor members is provided for in Section 16 of the Interlocal Agreement, and that such provisions shall apply to the City. 2 Page 220 of 1471 10. Agreements with Tax Collector, Property Appraiser and Municipalities. [TO BE USED FOR ALL MUNICIPALITY MEMBERS AND FOR COUNTY MEMBERS WITH AN ELECTED TAX COLLECTOR AND PROPERTY APPRAISER. NOT NEEDED FOR COUNTY MEMBERS WITH AN APPOINTED TAX COLLECTOR AND PROPERTY APPRAISER: The Green Corridor acknowledges that the City has no authority to bind the County Tax Collector and the County Property Appraiser, and the Green Corridor will be required to enter into separate agreement(s) with the County Tax Collector and/or the County Property Appraiser, which shall establish the fees (if any) to be charged by the Tax Collector and Property Appraiser for the collection or handling of the Program's special assessments.] [TO BE USED FOR ALL COUNTY MEMBERS WITH AN OPT -IN PROVISION FOR MUNICIPALITIES IN THE COUNTY: The Green Corridor also acknowledges that the County has no authority to bind the incorporated municipalities in the County, and the Green Corridor will be required to enter into separate agreements with the incorporated municipalities in the County to the extent the Green Corridor wishes to extend the Program into such municipalities.] [TO BE USED FOR ALL COUNTY MEMBERS WITH AN OPT -OUT PROVISION FOR MUNICIPALITIES IN THE COUNTY: The Green Corridor also acknowledges that all incorporated municipalities in the County will be included in the Program, unless a municipality notifies the County that it elects not to participate in the Program. In such case, the County will promptly notify the Green Corridor that the municipality will not be included in the Program, and that the Green Corridor will have no authority to operate the Program within such municipality.] 11. Resale or Refinancing of a Property. The Green Corridor recognizes that some lenders may require full repayment of the Program's special assessments upon resale or refinancing of a property subject to the Program's special assessments. The Green Corridor agrees to provide written disclosure of this matter to all City of Boynton Beach property owners that may utilize the Program. 12. Term. This Membership Agreement shall remain in full force and effect from the date of its execution by both Parties. Any Party may terminate this Membership Agreement upon ninety (90) days prior written notice. 13. Consent. This Membership Agreement and any required resolution or ordinance of an individual Party shall be considered the City's consent to joining the Green Corridor and participation therein, as required by Section 163.08, Florida Statutes. 14. Voting Rights. The Parties agree that the City shall be a non-voting member of the Green Corridor for the term of this Membership Agreement. 15. Notices. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or by written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is intended, at the place specified. 3 Page 221 of 1471 For the present, the Parties designate the following as the respective places for notice purposes: If to Green Corridor: Paul Winkeljohn, Executive Director Green Corridor 5385 Nob Hill Rd. Sunrise, FL 33351 If to ,FL With a Copy to: ,FL 16. Amendments. It is further agreed that no modification, amendment or alteration in the terms or conditions herein shall be effective unless contained in a written document executed by the Parties hereto. 17. Joint Effort. The preparation of this Membership Agreement has been a joint effort of the Parties hereto and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. 18. Merger. This Membership Agreement incorporates and includes all prior negotiations, correspondence, agreements, or understandings applicable to the matters contained herein; and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Membership Agreement that are not contained in this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no change, amendment, alteration, or modification in the terms and conditions contained herein shall be effective unless contained in a written document, executed with the same formality, and of equal dignity herewith by all Parties to this Membership Agreement. 19. Assignment. The respective obligations of the Parties set forth in this Membership Agreement shall not be assigned, in whole or in part, without the written consent of the other Party hereto. 20. Records. The Parties shall each maintain their own respective records and documents associated with this Membership Agreement in accordance with the requirements for records retention set forth in Chapter 119, Florida Statutes. 4 Page 222 of 1471 21. No Third Party Beneficiaries. It is the intent and agreement of the Parties that this Agreement is solely for the benefit of the Parties and no person not a party hereto shall have any rights or privileges hereunder. 22. Severability. In the event a portion of this Membership Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective. 23. Venue. The exclusive venue of any legal or equitable action against the City that arises out of or relates to this Membership Agreement shall be the appropriate state court in Miami -Dade County. 24. Effective Date. This Membership Agreement shall become effective upon the execution by the Parties hereto. [signature page follows] R Page 223 of 1471 IN WITNESS WHEREOF, the Parties hereto have made and executed this Membership Agreement on this day of , 20 ATTEST: in District Secretary APPROVED AS TO FORM AND LEGAL SUFFICIENCY: in Weiss Scrota Helfman Cole & Bierman, P.L., District Attorney ATTEST: in Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: in Title: Attorney GREEN CORRIDOR PROPERTY ASSESSMENT CLEAN ENERGY (PACE) DISTRICT LOW LOW Executive Director Title: , FLORIDA [SIGNATURE PAGE TO MEMBERSHIP AGREEMENT] rel Page 224 of 1471 6.C. CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-120 - Authorize the City Manager to sign and accept the Florida Department of State, Division of Historical Resources grant award (No. F1602) in the amount of $32,942 and to sign any documents associated with the grant on behalf of the City of Boynton Beach. EXPLANATION OF REQUEST: The City has been awarded a grant to fund the development of an interactive website containing information on Boynton's black history. Focusing on the area situated between MLK Jr. Blvd., NE 13th Ave., N. Federal Hwy., and N. Seacrest Blvd, the website will provide information on all aspects of black history and culture. All project work must be completed by June 30, 2017. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This grant will allow the City to implement stage three of its award-winning Heritage Education Program. FISCAL IMPACT. Budgeted The grant is a 100% reimbursable grant. There is no City match required. Reimbursements are made in three payments based on achieving milestones detailed in the grant award agreement. The project will be accounted for in the Grants Fund 105. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Although not a specific strategic plan task or activity, historic preservation is an important program of the City and is represented by ongoing work efforts involving direct preservation, recognition and education of the City's history and historic assets. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Yes Grant Amount: $32,942 Page 225 of 1471 ATTACHMENTS: Type D Resolution D Agreement REVIEWERS: Department Reviewer Planning & Zoning Rumpf, Michael Development Mack, Andrew Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution accepting Historical Resource Grant Grant Award Agreement (F1602) Action Date Approved 9/13/2016 - 4:00 IIIA Approved 9/13/2016 - 4:36 IIIA Approved 9/13/2016 - 4:59 IIIA Approved 9/15/2016 - 2:15 IIIA Approved 9/15/2016 - 4:44 PIM Page 226 of 1471 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN THE FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES GRANT AWARD (#F1602) IN THE AMOUNT OF $32,942 AND TO SIGN ALL ASSOCIATED DOCUMENTATION BETWEEN THE CITY OF BOYNTON BEACH AND STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has been awarded a grant to fund the development of an interactive website containing information on Boynton Beach's black history; and WHEREAS, this grant will allow the City to implement stage three of its award- winning Heritage Education Program; 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 accept the Grant in the amount of $32,942 and authorize the City Manager to sign the Grant Award Agreement and all associated documentation between the City Of Boynton Beach and State Of Florida, Department Of State, Division Of Historical Resources. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission does hereby accept the Grant in the amount of $32,942 and authorizes the City Manager to sign the Grant Award Agreement and all C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\EEA426D4-F9F2-45CD-923A-16904BA4E069\Boynton Beach. 4093.1. Accept Historical Preservation_Grant (2016)_-_Reso.doc Page 227 of 1471 31 associated documentation between the City Of Boynton Beach and State Of Florida, 32 Department Of State, Division of Historical Resources, a copy of which is attached hereto as 33 Exhibit "A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of , 2016. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 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 Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\EEA426D4-F9F2-45CD-923A-16904BA4E069\Boynton Beach. 4093.1. Accept Historical Preservation_Grant (2016)_-_Reso.doc Page 228 of 1471 AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND BOYTON COLORED TOWN INTERACTIVE WEBSITE F1602 This Agreement is by and between the State of Florida, Department of State, Division of Historical Resources hereinafter referred to as the "Division," and the City of Boynton Beach hereinafter referred to as the "Grantee." The Grantee has been awarded a Small Matching Grant by the Division, grant number F1602 for the Project "Boynton Colored Town Interactive Website", in the amount of $32,942 ("Grant Award Amount"). The Division enters into this Agreement pursuant to Line Item 3073, contained in the FY 2016-2017 General Appropriations Act, HB 5001, Laws of Florida. The Division has the authority to administer this grant in accordance with Section 267.0617, Florida Statutes. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose. This grant shall be used exclusively for the "Boynton Colored Town Interactive Website", the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: Grant funds will be used to build a website for the purpose of educating the public about Boynton's African American community "Colored Town". The website will feature an interactive, multilayer, GIS map with 3D pictometry features. Florida Master Site File Forms will be updated or created for the properties included on the website. All tasks associated with the Project, as outlined in the Project Description (see Attachment A), will be completed by June 30, 2017. b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the Scope of Work for payments to be awarded. Payment 1, Deliverable/Task 1: • Payment 1 will be fixed price in the amount of 30 percent of the Grant Award Amount. Payment 1 will be cost reimbursement. Grantee will compile GPS data for all historic locations to be included in the website and provide to the Division. Payment 2, Deliverable/Task 2: • Payment 2 will be fixed price in the amount of 30 percent of the Grant Award Amount. Payment 2 will be cost reimbursement. Provide sample content for the website to the division for review no later than April 30, 2016. Provide at least four (4) sample FMSF forms in hard and electronic copy to the Division. Grant Award Agreement (Form GAA001), Effective 06/2016 Rule 1A-39.001, Florida Administrative Code Page 229 of 1471 Payment 3, Deliverable/Task 3: • Payment 3 will be fixed price in the amount of 40 percent of the Grant Award Amount. Payment 3 will be cost reimbursement. Approved website will be made available to the public. Links will be provided to the Division. Provide minimum 100 Master Site File Forms for the remaining buildings in Boynton's "Colored Town" c) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to accomplish the Grantee's Scope of Work and Deliverables for fiscal year 2016-2017. The Budget provides details of how grant funds will be spent and all expenditures shall be in accordance with this budget (which is incorporated as part of this Agreement and entitled Attachment B). 2. Length of Agreement. This Agreement shall begin on July 1, 2016, and shall end June 30, 2017, unless terminated in accordance with the provisions of Section 33 of this Agreement. Contract extensions will not be granted unless Grantee is able to provide substantial written justification and the Division approves such extension. The Grantee's written request for such extension must be submitted to the Division no later than thirty (30) days prior to the termination date of this Agreement. 3. Contract Administration. The parties are legally bound by the requirements of this Agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement, and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Historical Resources: Kechia Herring Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399 Phone: 850.245.6333 Email: Kechia.Herring@Dos.MyFlorida.Com For the Grantee: Contact: Warren Adams Address: 100 E. Boynton Beach Boulevard Phone: 561.742.6757 Email: adamsw@bbfl.us 4. Grant Payments. Non -advance grant payments are requested by submitting the following: • Grant Funds Expenditure Log demonstrating appropriate use of state funds • Documentation that the deliverable has been completed 2 Grant Award Agreement (Form GAA001), Effective 06/2016 Rule 1A-39.001, Florida Administrative Code Page 230 of 1471 0 Payment Request form The total grant award shall not exceed the Grant Award Amount, which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. The grant payment schedule is outlined below: a) The first payment will be 30 percent of the Grant Award Amount. Payment will be made in accordance with the completion of the Deliverables. b) The second payment will be 30 percent of the Grant Award Amount. Payment will be made in accordance with the completion of the Deliverables. c) The third payment will be 40 percent of the Grant Award Amount. Payment will be made in accordance with the completion of the Deliverables. 5. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through electronic funds transfer must submit a Direct Deposit Authorization form to the Florida Department of Financial Services. If EFT has already been set up for the organization, the Grantee does not need to submit another authorization form unless the organization has changed bank accounts. To download this form visit http://www.myfloridacfo.con-i/Division/AA/Forms/DFS-Al-26E.pdf. This page also includes tools and information that allow you to check payment status. 6. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit http://www.flvendor.myfloridacfo.con-i/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted to the Division with the executed Agreement. 7. Amendment to Contract. Either party may request modification of the provisions of this Agreement by filing a Contract Amendment form with the Division. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. If changes are implemented without the Division's written approval, the organization is subject to noncompliance, and the Grant Award Amount is subject to reduction, partial, or complete refund to the State of Florida and termination of this agreement. The Contract Amendment Request form is available on the Division's website at http://www.dos.myflorida.con-i/historical/grants/fom-is. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes. a. First payment will be withheld for failure to complete services as identified in the Scope of Work and Deliverables or to submit a Grant Funds Expenditure Log demonstrating appropriate use of state funds. 3 Grant Award Agreement (Form GAA001), Effective 06/2016 Rule 1A-39.001, Florida Administrative Code Page 231 of 1471 b. Second payment will be withheld for failure to complete services as identified in the Scope of Work and Deliverables or to submit a Grant Funds Expenditure Log demonstrating appropriate use of state funds. c. Third payment will be withheld for failure to complete services as identified in the Scope of Work and Deliverables or to submit a Grant Funds Expenditure Log demonstrating appropriate use of state funds. If the grantee has spent less than the Grant Award Amount in state funds to complete the Scope of Work, the Third Payment will be reduced by an amount equal to the difference between spent state dollars and the Grant Award Amount. The Division shall reduce total grant funding for the Project in direct proportion to match contributions not met by the end of the grant period. This reduction shall be calculated by dividing the actual match amount by the required match amount indicated in the Agreement and multiplying the product by the Grant Award Amount indicated in the Agreement. Pursuant to Section 17, Grantee shall refund to the Division any excess funds paid out prior to a reduction of total grant funding. 9. Additional Special Conditions. Community Educational Projects. a) Copyright and Royalties: When publications, films, or similar materials are developed, directly or indirectly, from a program, project or activity supported by grant funds, any copyright resulting therefrom shall be held by the Florida Department of State, Division of Historical Resources. The author may arrange for copyright of such materials only after approval from the Department. Any copyright arranged for by the author shall include acknowledgment of grant assistance. As a condition of grant assistance, the grantee agrees to, and awards to the Department and, if applicable, to the Federal Government, and to its officers, agents, and employees acting within the scope of their official duties, a royalty -free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. b) The Grantee shall submit community education project proposals, including specifications, to the Department for review and approval prior to the execution of any contracts. 10. Credit Line(s) to Acknowledge Grant Funding. Pursuant to Section 286.25, Florida Statutes, in publicizing, advertising, or describing the sponsorship of the program the Grantee shall include the following statement: a) "This project is sponsored in part by the Department of State, Division of Historical Resources and the State of Florida." b) Any variation in the above specifications must receive prior approval in writing by the Department. The cost of preparation and erection of the Project identification sign are allowable project costs. Routine maintenance costs of project signs are not allowable project costs. c) A photograph of the aforementioned sign must be submitted to the Division as soon as it is erected. 4 Grant Award Agreement (Form GAA001), Effective 06/2016 Rule 1A-39.001, Florida Administrative Code Page 232 of 1471 11. Encumbrance of Funds. The Grantee shall execute a binding contract for at least a part of the Scope of Work by September 30, 2016, except as allowed below. a) Extension of Encumbrance Deadline: The encumbrance deadline indicated above may be extended by written approval of the Division. To be eligible for this extension, the Grantee must demonstrate to the Division that encumbrance of grant funding and the required match by binding contract(s) is achievable by the end of the requested extended encumbrance period. The Grantee's written request for extension of the encumbrance deadline must be submitted to the Department no later than fifteen (15) days prior to the encumbrance deadline indicated above. The maximum extension of the encumbrance period shall be thirty (30) days. b) Encumbrance Deadline Exception: For projects not involving contract services the Grantee and the Department shall consult on a case-by-case basis to develop an acceptable encumbrance schedule. 12. Grant Reporting Requirements. The Grantee must submit the following reports to the Division. The project Progress Report shall document the completion of any deliverables/ tasks, expenses and activities that occurred during that reporting period. The project Progress Report form is available on the Division's website at http://dos.myflorida.com/historical/grants/forms. a) First Project Progress Report is due by October 31, 2016, for the period ending September 30, 2016. b) Second Project Progress Report is due by January 31, 2017, for the period ending December 31, 2016. c) Third Project Progress Report is due by April 30, 2017, for the period ending March 31, 2017. d) Final Report. The Grantee must submit a Final Report to the Division by July 30, 2017 for the period ending June 30, 2017. 13. Matching Funds. The grantee is required to provide a 100 percent match of the required match, a minimum 25 percent of the match must be a cash match. The remaining match may include in-kind services, volunteer labor, donated materials, and additional cash. Applicants for projects located in Rural Economic Development Initiative (REDI) counties or communities that have been designated in accordance with Sections 288.0656 and 288.06561, Florida Statutes, may request a waiver for the match amount. Additionally, Certified Local Government (CLG) projects, Main Street Start -Up Projects and Special Statewide Solicitation Projects do not require a match. 14. Grant Completion Deadline. The grant completion deadline is June 30, 2017. The Grant Completion Deadline is the date when all grant and matching funds have been paid out and 5 Grant Award Agreement (Form GAA001), Effective 06/2016 Rule 1A-39.001, Florida Administrative Code Page 233 of 1471 expended in accordance with the work described in the Scope of Work, detailed in the Estimated Project Budget. If the Grantee finds it necessary to request an extension of the Grant Completion Deadline, the extension may not exceed thirty (30) days, unless the Grantee can demonstrate extenuating circumstances as described in Section 15 of this Agreement. 15. Extension of the Grant Completion Deadline. An extension of the completion date must be requested at least thirty (30) days prior to the end of the Grant Period and may not exceed thirty (30) days, unless the Grantee can clearly demonstrate extenuating circumstances. An extenuating circumstance is one that is beyond the control of the Grantee, and one that prevents timely completion of the Project such as a natural disaster, death or serious illness of the individual responsible for the completion of the Project, litigation related to the Project, or failure of the contractor or architect to provide the services for which they were contracted to provide. An extenuating circumstance does not include failure to read or understand the administrative requirements of a grant or failure to raise sufficient matching funds. Prior written approval is required for extensions. 16. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable Project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures, which are incorporated by reference and are available online at http://www.myfloridacfo.con-i/aadir/reference-gqide/. The following categories of expenditures are non -allowable for expenditure of grant funds and as contributions to required match: a) Expenditures for work not included in the Scope of Work; b) Costs of goods and services not procured in accordance with procurement procedures set forth in the Agreement; c) Expenses incurred or obligated prior to or after the Grant Period; d) Expenditures for work not consistent with the applicable historic preservation standards (see the Guidelines, which are available from the Division at http://www.dos.myflorida.con-i/histor e) Expenditures for furniture and equipment, unless specifically authorized as a part of a grant project; f) Expenses associated with lobbying or attempting to influence federal, state, or local legislation, the judicial branch, or any state agency; g) Private entertainment, food, beverages, plaques, awards, or gifts; h) Costs of value donations or In-kind Contribution not documented in accordance with the provisions of the Agreement; i) Indirect costs; j) Project Administrative Expenditures, whether grant expenditures or match contributions, which in aggregate must not exceed 10percent of the Grant Award Amount; k) Costs for projects having as their primary purpose the fulfillment of federal or state historic preservation regulatory requirements, specifically, costs of consultation and mitigation measures required under Section 106 of the National Historic Preservation Act of 1966, as amended through 2006, or under Section 267.031, F.S.; 6 Grant Award Agreement (Form GAA001), Effective 06/2016 Rule 1A-39.001, Florida Administrative Code Page 234 of 1471 1) Projects which are restricted to private or exclusive participation, which shall include restricting access on the basis of sex, race, color, religion, national origin, disability, age, handicap, or marital status; m) Grantee operational support (i.e., organization salaries not related to grant activities, travel, supplies); n) Vehicular circulation (drives) and parking (except for provision of code -required handicapped parking pad); o) Sidewalks, landscape features, planting, irrigation systems and site lighting (except for sidewalk required to link code -required handicapped parking pad to the accessible entry, planting required to halt erosion, and limited site lighting required for security, if included in the Scope of Work); p) Capital improvements to non -historic properties (except as approved for Museum Exhibit projects); q) Capital improvements to the interior of religious properties (except for repairs to primary elements of the structural system. Examples include: foundation repairs, repairs to columns, load bearing wall framing, roof framing, masonry repairs, and window and exterior door repairs); r) Code -required accessibility improvements for religious properties; s) Insurance costs (except for costs for builder's risk, workers compensation and contractor's liability insurance); and t) Purchase of equipment (other than equipment incorporated as capital improvements into a historic building during restoration or rehabilitation, and equipment required for a museum exhibit). If special equipment is required for completion of the Project and said equipment is included in the Scope of Work for the Project as an eligible grant expense, it shall be rented for the grant term. If the value of special equipment is to be used as a match contribution, the value of the match contribution shall be limited to the cost of rental for the Grant Period at the market rate for such rental in the region. 17. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. 18. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of the "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Dr. Yasha Rodrfguez, Grants Program Supervisor, Division of Historical Resources, 500 South Bronough Street Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Grantee shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. 7 Grant Award Agreement (Form GAA001), Effective 06/2016 Rule 1A-39.001, Florida Administrative Code Page 235 of 1471 19. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment C for additional information regarding this requirement. 20. Retention of Accounting Records. Financial records, supporting documents, statistical records, and all other records including electronic storage media pertinent to the Project shall be retained for a period of five (5) years after the close out of the grant. If any litigation or audit is initiated, or claim made, before the expiration of the five-year period, the records shall be retained until the litigation, audit, or claim has been resolved. 21. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts, and transcripts. 22. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 23. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest any or all grant funds received but not expended, in an interest bearing account pursuant to Section 216.181(16)(b), Florida Statutes. Interest earned on such investments should be returned to the Division quarterly, except that interest accrued less than $100 within any quarter may be held until the next quarter when the accrued interest totals more than $100. All interest accrued and not paid to the Division, regardless of amount, must be submitted with the Grantee's final Progress Report at the end of the Grant Period. 24. Noncompliance with Grant Requirements. Any applicant that has not submitted required reports or satisfied other administrative requirements for other Division of Historical Resources grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed, and before grant payments for any OCHIP grant may be released. 25. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance, and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system 8 Grant Award Agreement (Form GAA001), Effective 06/2016 Rule 1A-39.001, Florida Administrative Code Page 236 of 1471 accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division. c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget. d) The name of the account(s) must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property, and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills, and canceled checks). 26. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature, or the United States Congress in the case of a federally funded grant. In the event that the state or federal funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee, beyond those amounts already released prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 27. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents, or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 28. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be "independent contractors" and will not be considered or permitted to be an agents, servants, joint ventures, or partners of the Division. 29. Liability. The Division will not assume any liability for the acts, omissions to act, or negligence of, the Grantee, its agents, servants, or employees; nor may the Grantee exclude liability for its own acts, omissions to act, or negligence, to the Division. 9 Grant Award Agreement (Form GAA001), Effective 06/2016 Rule 1A-39.001, Florida Administrative Code Page 237 of 1471 a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death, and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees, and subcontractors. The Grantee, other than a Grantee which is the State or the State's agencies or subdivisions, as defined in Section 768.28, Florida Statutes, shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with that Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity, or increases the limits of its liability, by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities; and provided that it is understood by the Grantee that the Division shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 30. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. 31. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 32. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments, and/or will terminate this agreement if the Grantee improperly expends and manages grant funds, fails to prepare, preserve or surrender records required by this Agreement, or otherwise violates this Agreement. 33. Termination of Agreement. a) Termination by the Division. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter, and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be 10 Grant Award Agreement (Form GAA001), Effective 06/2016 Rule 1A-39.001, Florida Administrative Code Page 238 of 1471 compensated for any work completed in accordance with this Agreement, prior to the notification of termination, if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages, if grant funds are returned under this Section. b) Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the cause of partial terminations, the portion to be terminated. c) Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Division. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 34. Preservation of Remedies. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or violation by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. 35. Non -Assignment of Agreement. The Grantee may not assign, sublicense nor otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the Project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties, and obligations of the Division to another governmental entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties, and obligations under this Agreement shall be transferred to the successor governmental agency as if it was the original party to this Agreement. 36. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant - assisted project in accordance with Section 287.057, Florida Statutes. 37. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. In addition, no grantee official, employee, or consultant who is authorized in his or her official capacity to negotiate, make, accept, approve, or take part in decisions regarding a contract, subcontract, 11 Grant Award Agreement (Form GAA001), Effective 06/2016 Rule 1A-39.001, Florida Administrative Code Page 239 of 1471 or other agreement in connection with a grant assisted project shall take part in any decision relating to such contract, subcontract or other agreement in which he or she has any financial or other interest, or in which his or her spouse, child, parent, or partner, or any organization in which he or she is serving as an officer, director, trustee, partner, or employee of which he or she has or is negotiating any arrangement concerning employment has such interest. Grantees shall avoid circumstances presenting the appearance of such conflict. Furthermore, the spouse, child, parent, or partner of an officer, director, trustee, partner, or employee of the grantee shall not receive grant funds, unless specifically authorized in writing by the General Counsel for the Department of State to avoid a potential violation of those statutes. 38. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Historical Resources. 39. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 40. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 41. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513, Florida Statutes, and the Americans with Disabilities Act of 1990. 42. Governing Law. This Agreement shall be construed, performed, and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 43. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Project Description (Attachment A) c) Estimated Project Budget (Attachment B) d) Single Audit Act Requirements and Exhibit I (Attachment C) 12 Grant Award Agreement (Form GAA001), Effective 06/2016 Rule 1A-39.001, Florida Administrative Code Page 240 of 1471 In acknowledgment of this grant, provided from funds appropriated in the FY 2016-2017 General Appropriation Act, I hereby certify that I have read this entire Agreement, and will comply with all of its requirements. Department of State: By: Dr. Timothy Parsons, Division Director Date Grant Award Agreement (Form GAA001), Effective 06/2016 Rule 1A-39.001, Florida Administrative Code Grantee: By: Authorizing Official for the Grantee Typed name and title Date 13 Page 241 of 1471 ATTACHMENT A Project Description Grant funds will be used to build a website for the purpose of educating the public about Boynton's African American community "Colored Town". The website will feature an interactive, multilayer, GIS map with 31) pictometry features. Florida Master Site File Forms will be updated or created for the properties included on the website. 14 Grant Award Agreement (Form GAA001), Effective 06/2016 Rule 1A-39.001, Florida Administrative Code Page 242 of 1471 ATTACHMENT B Estimated Project Budget Budget Item Numbe r Description Grant Amoun t Cash Mate h In Kind Mate h Subtotal 1 Project Management $0 $0 $3,294 $3,294 2 Modeling & Rendering $0 $0 $3,624 $3,624 3 GPS Data Collection $4,408 $0 $0 $4,408 4 GIS layer collection $5,877 $0 $0 $,5877 5 GIS Map creation $7,346 $0 $0 $,7346 6 Website Creation $5,892 $0 $0 $,5892 7 Content Acquisition $4,419 $0 $0 $4,419 8 Pictometry (3r Party) $5,000 $0 $0 $5,000 Total $32,942 $0 $6,918 $39,860 15 Grant Award Agreement (Form GAA001), Effective 06/2016 Rule 1A-39.001, Florida Administrative Code Page 243 of 1471 ATTACHMENT C FLORIDA SINGLE AUDIT ACT REQUIREMENTS The administration of resources awarded by the Department of State to the Recipient may be subject to audits and/or monitoring by the Department of State, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State." In the event the Department of State determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department of State staff to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the Recipient expends $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more in Federal awards in its fiscal year, the Recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department of State by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department of State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions OMB Circular A- 133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 16 DFS -A2 -CL July 2005 Rule 691-5.006, FAC Page 244 of 1471 3. If the Recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from Recipient resources obtained from other than Federal entities). PART II: STATE FUNDED This part is applicable if the Recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient (for fiscal years ending September 30, 2004 or thereafter), the Recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the Recipient expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). 17 DFS -A2 -CL July 2005 Rule 691-5.006, FAC Page 245 of 1471 The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) www.fldfs.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) www.leg.state.fi.us/ PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A- 133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: A. The Department of State at each of the following addresses: Department of State Division of Elections R.A. Gray Building, Ste 316 500 S. Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department of State for the reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the Recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the Recipient's audited schedule of expenditures of Federal awards directly to each of the following: Department of State Division of Elections R.A. Gray Building, Ste 316 18 DFS -A2 -CL July 2005 Rule 691-5.006, FAC Page 246 of 1471 500 S. Bronough St. Tallahassee, FL 32399-0250 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: A. The Department of State at each of the following addresses: Department of State Division of Elections R.A. Gray Building, Ste 316 500 S. Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION 1. The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of State, or its designee, CFO, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department of State, or its designee, CFO, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of State. NOTE: Records need to be retained for at least five years to comply with record retention requirements related to original vouchers prescribed by the Department of State, Division of Library and Information Services, Bureau of Archives and Records Management. 19 DFS -A2 -CL July 2005 Rule 691-5.006, FAC Page 247 of 1471 EXHIBIT —1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable. State resources awarded to the recipient pursuant to this agreement consist of the following: $32,942 Matching resources for federal programs: Not Applicable. Subject to section 215.97, Florida Statutes: Florida Department of State Grant, CSFA Number 45.031 Compliance requirements applicable to state resources awarded pursuant to this agreement are as follows: As contained in the Compliance Supplement to CSFA Number 45.031 20 DFS -A2 -CL July 2005 Rule 691-5.006, FAC Page 248 of 1471 6.D. CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-121 -Authorize the Mayor to sign the application and agreement for Library State Aid To Public Libraries Grant for FY2016-2017. EXPLANATION OF REQUEST. The State requires that each year, the City Commission authorize the Grant Application and Agreement for State Aid to Public Libraries. Final grant award is based on FY2014-2015 City of Boynton Beach funds expended for Library Services ($2,490,671). Final grant award, which is estimated to be $71,243, will be announced in February 2017 and is based on State Legislature approval of State Aid Fund allocation to libraries in the State of Florida. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval will qualify the Library to receive a State Aid Grant which is an incentive program designed to encourage communities to provide adequate local funding to support library service. These grant funds will help purchase future library technology equipment. FISCAL IMPACT. Non -budgeted State Aid Grants are operational grants that bring additional library resources to the community. Grants formulas are based on local funds invested in library service. The more local money spent on Library Services, the higher the grant amounts. ALTERNATIVES: Do not approve and eliminate the Library from the State Aid Grant Program. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: 71,243 ATTACHMENTS: Page 249 of 1471 Type D Resolution D Agreement REVIEWERS: Department Reviewer Library Clark, Craig Assistant City Manager Howard, Tim Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving Library State Aid Grant Application 2017 STATE AID AGREEMENT Action Date Approved 8/29/2016 - 4:11 IIIA Approved 8/29/2016 - 4:20 IIIA Approved 8/29/2016 - 4:20 IIIA Approved 9/2/2016 - 3:39 IIIA Approved 9/8/2016 - 10:51 ANA Page 250 of 1471 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 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE GRANT APPLICATION AND STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND FLORIDA DEPARTMENT OF STATE FOR THE FISCAL YEAR 2016-2017; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida requires that the City of Boynton Beach authorize the Grant Application and Agreement for Library State Aid each year; and WHEREAS, final grant award is based on FY 2014-2015 City of Boynton Beach funds expended for Library Services and will be announced in February, 2017 and is based on State Legislature approval of State Aid Fund allocation to libraries in the State of Florida; and WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the Mayor to sign the Library State Aid Grant Application and Agreement with the Florida Department of State, Division of Library and Information Services for the Fiscal Year 2016-2017. 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 26 hereof. 27 4;1 ce Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to sign the Library State Aid Grant Application and Agreement with Florida Department of State, Division of Library and Information Services C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\C387CDB2-55CC-4626-A6A2-38164FE3430B\Boynton Beach. 3932.1. Library_ State_Aid_Grant 2016-17_-_Reso.doc Page 251 of 1471 30 for the Fiscal Year 2016-2017, a copy of which is attached hereto as Exhibit "A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2016. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 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 Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\C387CDB2-55CC-4626-A6A2-38164FE3430B\Boynton Beach. 3932.1. Library_ State_Aid_Grant 2016-17_-_Reso.doc Page 252 of 1471 THE STATE OF FLORIDA, DEPARTMENT OF STATE AND City of Baynton Beach for and on behalf of Boynton Keach (City, Library This Agreement is by and between the State of Florida, Department of State, Division of Library and Information. Services, hereinafter referred to as the "Division," and the City of Boynton Beach for and on behalf of Boynton Beach City Library, hereinafter referred to as the "Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant (CSFA 45.030) by the Division in the amount specified on the "Final Year 2016-2017 State Aid to Libraries Final Grants", document (which is incorporated as part of this Agreement and entitled Attachment. B). The Division has the authority to administer this grant in accordance with Section 257, Florida Statutes. By reference, the application and any approved revisions are hereby made a part of this agreement.. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1.. Grant Purpose. This grant shall be used exclusively for the "State Aid to Libraries Grant," the public purpose for which these funds were appropriated. a) The Grantee shall perforin the following Scope of Work as identified in Section 257,17, Florida Statutes: Manage or coordinate free library service to the residents of its legal service area. The Grantee shall: 1. Have a single administrative head employed full time by the library's governing body, 1 :provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; 3. Provide access to materials, information and services for all residents of the area served', and 4. Have at least one library, branch library or member library open 40 hours or more each week. State Aid to Libraries Grant Agreement (Form DLISfSA02) Page 1 of 9 Chapter IB -2.011(2)(a), Florida Adminhvtrative Crile, Effective 7-2016. Page 253 of 1471 b) The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to be awarded. Payment 1, Deliverable/Task 1: to Payment will be a fixed price in the amount of 100% of the grant award. The Grantee will have at least one library, branch library or member library open 40 hours or more each week. 2. Length of Agreement. This Agreement shall begin the date the agreement is signed by both the Grantee's Governing Body and the Division and continue until all grant funds have been expended, unless tenninated in accordance with the provisions of Section 28 of this Agreement. 3. Expenditure of Grant Funds. The Grantee cannot obligate or expend any grant funds before the Agreement has been signed by all parties. No costs incurred after termination of the Agreement shall be allowed unless specifically authorized by the Division. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its perfonnance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the infonnation below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: Marian Deeney, Library Program Administrator Florida Department of State R.A. Gray Building Mail Station # 9D 500 South Bronough Street Tallahassee, Florida 32399 Phone: 850.245.6620 Facsimile: 8 5 0.245.6643 Email: marian.deeneyCdos.myflorida.com For the Grantee: Graig Clark, Director 208 South Seacrest Boulevard Boynton Beach, Florida 33435 Phone: (561) 742-6390 Facsimile: (561) 742-6381 Email: clarkcii)bbfl.us State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 2 of 9 Chapter 1B -2.011(2)(a), Florida Admini.stratiVe Code, Effective 7-2016. Page 254 of 1471 5. Grant Payments. The total grant award shall not exceed the amount specified on the "Fiscal Year 2016-2017 State Aid to Libraries Final Grants" document (Attachn-lent B), which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. Payment will be a fixed price in the amount of 100% of the grant award as specified in Attachment B. Payment will be made in accordance with the completion of the Deliverables. G. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through EFT must subunit a Vendor Direct Deposit Authorization form to the Florida Department of Financial. Services. If EFT has already been set up for your organization, you do not need to submit another authorization fon-ri unless you have changed bank accounts. To download this form visit rnjyfloridacfo.coni/Division,AA/Foi-tns/DFS- .1 ? E,I2 f. -The form also includes tools and inf'ortnation that allow you to check on payments. 7. Florida Substitute Farm W-9. A completed Substitute Forth W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TITS) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Forth -9 visit fZvendor.myfloridacfo.com/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the Division with the executed Agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes: Should the library fail to provide free library service to the public or to be open for at least 40 hours per week, it will no longer be eligible to receive State Aid to Libraries grant funding, and its funding will be reduced to zero. Payment will be withheld if Deliverables are not satisfactorily completed. 9. Credit Line(s) to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant funding for activities and publications supported by grant funds. Any announcements, information, press releases, publications, brochures, videos, web pages, programs, etc. created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds were used to create them. Use the following text: State Aid to Libraries Grant Agreement (Form DL1S/SA02) Page 3 of Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 7-2016. Page 255 of 1471 "This project has been funded under the provisions of the State Aid to Libraries Grant program, administered by the Florida Department of State's Division o1` Library and Information Services." 10. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures, which are available online at rnyfloridaefo.cojillaaclir/referenee ,,, icicr`. Grant funds may not be used for the purchase or construction of a library building or library quarters. 11. Travel Expenses. The Subgrantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061, Florida Statutes. 12. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the 'State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Re i—ence Guide fior Stag Expenditures. 13. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Marian Deeney, Division of Library and Information Services, 500 South 6ronough 'Street, Mail Station #9D, Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. 14. Single Audit Art. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachrrient A for additional information regarding this requirement. If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least $500,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 257.41(3), Florida Statutes within nine months of the close of its fiscal year. 15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained for a period of five (5) fiscal years after the close out of the grant and release of the audit. If any litigation or audit is initiated or claim Made before the expiration of the five - state Aid to Libraries Grant Agreement (Foran DLIS/SA02) Page 4 of 9 Chapter 1 B -2.011(2)(a), Florida Adininistra ive Code, Effective 7-2016. Page 256 of 1471 year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved. 16. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the, lorida Public Records Aet. The Grantee must immediately contact the Division's Contract Manager- for assistance if it receives a public records request related to this Agreement. 18. Noncompliance. Any Grantee that is not following Florida statutes or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure, OCHIP Divisions include the Division of Cultural. Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. 19. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify rant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) must include the grant award number; State Aid to Libraries Grant agreement (Fermin DLIS/SA02) Page 5 of 9 Chapter IB -2.011(2)(a), Florida Administrative Cooe, Effective 7-2016. Page 257 of 1471 e) The Grantee's accounting records must have effective control over and accountability for all funds, property and other assets and f} Accounting records tnust be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled. checks). 20. Availability of State Funds. The State ofFlorida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically tenninated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such ten-nination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 21. Lobbying. The Subgrantee will not use any rant funds for lobbying the state legislature, the state judicial branch or any state agency. 22. Independent Contractor Status of Grantee.. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida, 23. Grantee's Subcontractors. The Grantee shall be responsible for all work perfort- ed and all. expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement, The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants, joint venturers or partners of the Division. 24. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this Section. State Aid to Libraries Grant Agreement (Farm DLIS/SA02) Page 6 of 9 Chapter 1 B -2.0I 1(2)(a), Florida Adnainistrrathv Cycle, Effective 7-201.6. Page 258 of 1471 b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project, The Grantee may subcontract as necessary to perform the services set forth in this Agreement., including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 25. Strict Compliance with Laws. The Grantee shall perforin all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 4-9 18, Noncompliance. 26. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 27. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. 28. Termination of Agreement. The Division will ten-ninate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (l 5) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terrilinate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 29. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach, or violation by either party under this Agreement shall State Aid to Libraries Grant Agreement (Fonn DLIS/SA02) Page 7 of 9 Chapter IB -2.01](2)(a), Florida Administrative Code, Effective 7-2016. Page 259 of 1471 impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 30. Non -Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project, If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06, Florida :Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. 31. Required Procurement Procedures for Obtaining Goods and Services. The Granter; shall provide maximum open competition when procuring goods and services related to the grant - assisted project in accordance with Section 287.057, Florida ,Statutes,. a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below: Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between 52,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Fon-nal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 32. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes and affirms that it will not enter into or maintain a business or other- relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or rather relationship with a Department of State Employee to avoid a potential violation of those statutes. 33. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 8 of 9 Chapter 1 B-2.011(2)�(a), Florida Administrative Code, Effective 7-2016. Page 260 of 1471 34. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 35. Severability. If any terra or provision of the Agreentent is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 36. Americans with Disabilities Act. All programs and facilities related to this Agreement trust meet the standards of Sections 553.501-553.513, florida Slatuics and the Americans with Disabilities Act of 1990. 37. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreen7ent will be in. Leon County, Florida. 38. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Florida Single Audit Act Requirements (Attachment A) c) Fiscal Year 2016-2017 Mate Aid to Libraries Final Grants (Attachment B) The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Date of Agreement: Grantee:. By: Chair of Governing Body or Chief Executive Officer Steven B. Grant, Mayor Typed name and title Clerk or Chief Financial Officer Judy -Pyle, Interim City Clerk Typed name and title _September 20.2016 - Date .Department of State: HR Typed name and tale Witness State Aid to Libraries Grant Agreernent (Form Dt. SISA02) Chapter i B -2.0I t (2)(a), Florida Administrative Cade, Effective 7-2016, Page 9 of 9 Page 261 of 1471 ATTACHMENT A The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Agreement,. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.9,7, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on- site visits by Department of State staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering; into this agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State." In the event the Department of State determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department of State staff to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFC) or Auditor General. "EARVINU-N ON)] This pant is applicable if the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the Recipient expends 5300,000 ($500, 000 fvr fiscal years ending gfier December- 31, 2003) or more in Federal awards in its fiscal year, the Recipient must have a. single or program -specific audit conducted in accordance with the provisions of DMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department of State by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including; Federal resources received from the Department of State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A- 133, as revised_ An audit of the Recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Fart 1, paragraph 1, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of BOMB Circular A-133, as revised. If the Recipient expends less than $300,000 ($500, 000f6r fiscal years ending after Deeember- 31, 2003) in. Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends Less than $300,000 ($500,000,for.frscal years ending affter December 31, 2003) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from Recipient resources obtained from other than Federal entities). State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page 1 of 5 Chapter I B -10I 1(2)(a), Rorida Administrative Coele.., Effective 7-2016. Page 262 of 1471 This part is applicable if the Recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the Recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient (for fiscal years ending September 30, 2004 or thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), rules of the Auditor- General. EXHIBIT I to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the Recipient shall consider all sources of state financial assistance, including state financial assistance received f -orn the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal programs snatching requirements. 2. In connection with the audit requirements addressed in Part 11, paragraph 1, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215,97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215,97, Florida Statutes, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) www.fldls,corn/ State of Florida. Legislature (Statutes., Legislation relating to the Florida Single Audit Act www.leg.state.,!jisl State Aid to Libraries Grant Agreement (Perin DLISISA02) Mage 2 of 5 Chapter 1 B-2.111 ](2)(a), Florida Administrative: Code, Effective 7-2016. Page 263 of 1471 Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section 320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: A. The Department of State at each of the following addresses: Department of State Office of Inspector General R.A. Gray Building, Room 114A 500 S. Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections, .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East I 01h Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department of State for the reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the Recipient shall submit the required written notification pursuant to Section .3 )20 (e)(2) and a copy of the Recipient's audited schedule of expenditures of Federal awards directly to each of the following: Department of State Office of Inspector General R.A. Gray Building, Room 114A 500 S. Bronough St. Tallahassee, FL 32399-0250 3. Copies of financial reporting packages required by PART 11 of this agreement shall be submitted by or on behalf of the Recipient directly to each of the following: A. The Department of State at each of the following addresses: Department of State Office of Inspector General R.A. Gray Building, Room 114A. 500 S. Bronough St. Tallahassee, FL 32399-0250 State Aid to Libraries Grant Agreement (Fon-n DLIS/SA02) Page 3 of 5 Chapter 1B=2.011(2)(a), Florida Adnfiniso-afive Code, Effective 7-2016. Page 264 of 1471 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. i3i II-IFUNON "i The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of State, or its designee, CFO, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the. Department of State, or its designee, CFO, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of State. NOTE: Records need to be retrained fbr at least fire yyecars to comply with record retention requirements related to original vouchers prescribed by the Department of `trate, Division of Librcrrjy and Information Services, Bureau of `Archives and Records Management, State Slid to Libraries Grant Agreement (Form uLIS/SA02) Page 4 of Chapter 113-2.011(2)(a), Florida Administrative Come, Effective 7-2016. Page 265 of 1471 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable, COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable, MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable, STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA SIATUIE-S: Florida Department of State, State Aid to Library Grants, CSFA Number 45.030 Award Amount: Listed on Attachment B, Fiscal Year 2016-2017 State Aid to Libraries Final Grants COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: As contained in the Compliance Supplement to CSFA Number 45.030. State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page of Chapter IB -2.011(2)(a), Florida Administrative Code, Fffective 7-2016. Page 266 of 1471 [Fiscal Year 2016-2017 State Aid to Libraries Final Grants] State Aid to Libraries Grant Agreement (Form DLIS/SA02) Page I of 3 Chapter I B -2,011(2)(a), Florida A dm inistra title Code, Effective 7-2016. Page 267 of 1471 COUNTY/MUNICIPALITY --- OPERATING GRANT • r . BO YNTON BEACH DELRAY BEACH►!. rr �!. r.r . BEACH 7 _ FORT HIALEAH Fr LAKEPARK— "! �. !► LAKE LANTANA . NEW PORTICHEY L NORTH MIAMI NORTH MIAMI BEACH L -OAKLAND PARK RIVIERA BEACH "! # WEST PALM BEACH -WILTON MANORS WINTER PARK /$14,201,968 e: � I ! :. . r r . r . 4 1 1-11 **31540-7_7171 I IM _ • I �_ "► + , �� iii.. _ - ----. __. -Grand Total * Temple Terrace is expected to receive funding as a part of the Hillsborough County Library Cooperative. ** In FY 2015-16, the panhandle Public Library Cooperative had four member libraries. In FY2016-17, they will have three member libraries. 5/18/201.6 Page 3 of 3 Page 268 of 1471 6.E. CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve the updated Library Long Range Plan for 2016- 2021. EXPLANATION OF REQUEST. The State requires that each year, the City Commission formally approve the Library Long Range Plan in order to be eligible to apply for State Aid Grants. This plan is a five-year rolling plan that is updated each year by Library Administration and approved by City Commission. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval will qualify the Library to apply for State Aid Grants. This plan does not commit the City to any additional budgetary commitments other than what is addressed in the Technology section and is already requested in the FY2016-2017 Budget Request. FISCAL IMPACT. State Aid Grants bring additional library resources to the community (estimated at $71,243 for FY16-17). The Technology Plan expenses are all addressed in existing budget request. No additional funds are included nor requested in this plan. ALTERNATIVES: Do not approve and eliminate the Library from the State Aid Grant Program. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: 71,243 ATTACHMENTS: Page 269 of 1471 Type Description D Attachment Library Long-Range Plan FY2016-2021 REVIEWERS: Department Reviewer Action Date Library Clark, Craig Approved 8/29/2016 - 4:11 PPA Assistant City Manager Howard, Tim Approved 8/29/2016 - 4:12 PPA Finance Howard, Tim Approved 8/29/2016 - 4:13 PPA City Manager LaVerriere, Lori Approved 9/8/2016 - 10:51 ANA Page 270 of 1471 1, • Plan FY 1DRAFT A. Mission Statement. The Boynton Beach City Library enhances our community's pursuit of life-long teaming, information and leisure by providing the highest quality services and resources. B. Service Statement. Knowledgeable library staff anticipates customer expectations and responds by providing relevant resources and current technology with personal service and convenience. We value Diversity, Integrity, Stewardship and Creativity. C. long -Range Goals General Statements. The following goal statements define the philosophy of service and determine the broad-based elements of the practical implementation of the library service philosophy subscribed to by the Boynton Beach. City Library. 1.0. Reference Services. Patrons receive up-to-date and accurate infornnation in a timely manner with assistance from courteous and knowledgeable staff. 2.0. Popular Materials. Patrons have access to current, high demand, high interest materials in a variety of formats, within a reasonable time frame.. 3.0. Lifelong Learning, Independent learners obtain materials, access to computers, and receive assistance from staff as they work to attain their lifelong learning goals. 4.0. Formal Education. 'Students of all ages receive resources and staff support assisted by a strong; library/school relationship. 5.0. Facilities. Patrons are provided attractive, well-maintained, user-friendly facilities offering expanded technologies and quiet study spaces. 6.0. Staff. The public is assisted by knowledgeable, well-trained, courteous and service-oriented staff. 7.0. Technology. Patrons and staff use appropriate technology to facilitate access to information. 5.0. Public Relations. The library promotes awareness of library resources, programs, materials and the availability of staff assistance through media & outreach efforts. 9.0. Cooperation. Palm Beach County residents (except for residents of the City of Boca Raton, Highland Beach, Manalapan and the Town of Palin Beach) have access to expanded services and resources by the Library's participation in cooperative networks. Boynton Beach City Library also participates in the Sunshine Library Card Program through the Southeast Florida Library Information Network (SBFLIN). This allows Boynton library card holders borrowing privileges at the libraries of Florida Atlantic University, Palm Beach 'State College, PaIr Beach County Library System, and the School District of Patin Beach County. Page 271 of 1471 10.0. Administration. The public receives the highest quality library service at the most reasonable cost through routine review, evaluation and modification of the organization and its operations, policies and procedures equitable to all. D. Goals and Objectives.. 1.O.Reference. Patrons receive up-to-date and accurate information in a timely manner with assistance from courteous and intuitively alert staff. 1. ] .Objective 1. Continue to improve patron access to reference n-iaterials and nnag,azine articles, in all formats including; electronic resources, by using; both the Florida Electronic Library and local resources, FY2016-20121. 1.2. Objective 2. Serve as the informational resource center for education opportunities, FY2016- 2021. 1.3.Objective 3. Develop and maintain high quality, relevant and customer -oriented service. Outcome 1. Offer staff training; dealing withh communication, customer relations, team building;, organizational skills, technology and reference sources and services, FY2016-2021. 1.4.Objective 4. Increase awareness of high interest iterns via standard and enhanced cataloging using OCLC (Online Computer Library Center) records. Outcome 1. Optimize Technical Services' workflow to expedite cataloging and processing, FY2016-2021. Outcome 2. Prepare finding aids for the public to easily access historical collections and improve bibliographic control for Local History & Archives materials. FY2016-2021. 2.0.Popular Materials. Patrons have access to current, high demand, high interest materials in a variety of formats, within a reasonable time frame. 2.1. Objective 1. Review and update Collection Development Policy, FY2016-2021. 2.2.Objective 2. Increase total number of library cardholders by five percent (5%) annually. 2.3.Objective 3, Improve patron access to circulating; and reference materials in all formats (including home access to electronic resources), ongoing;. 2.4. Objective 4. Continue youth and teen Summer Reading Programs and .Adult Reading Program. 2.5.Objective 5. Continue to develop an eBook collection using Overdrive. 2.6.Objective 6. Increase use of Freegal downloadable music and music streaming;. 2.7.Objective 7. Increase use and free access of Transparent Languages, an electronic language instruction database. Page 272 of 1471 2.8.Objective 8. Increase use of Zinio, a free electronic magazine database. 2.9.Objective 9. Offer free lending of Apple iPads within the library walls. 3.0 Lifelong Learning. Independent learners obtain materials, information and staff assistance to attain their lifelong learning goals. 3. ] .Objective 1. Refine and continue to expand public computer training, concentrating on library databases, employment resources, e -government resources, small business resources, Microsoft Office software and Internet usage, FY2016-2021. 3.2.Objective 2. Define; collect statistical data, such as compute- use logs, classes and web site use, and measure public use of electronic resources comparing and analyzing data annually, FY2016- 2021. 3.3.Objective 3. Continue adult, youth and teen programming and implement improvements. FY2016-2021. 3.4. Objective 4. Increase use of Learning Express Database for digital literacy, career development and educational skills.. 4.0.Formal Education. Students of all ages receive resources and staff support assisted by a strong library/school relationship. 4.l .Objective 1. Develop one additional schoollconamunity partnership annually, FY2016-2021. 4.2.Objective 2. Enhance resources and programming to support the improvement of school-age reading, FY2016-2021. 4.3.Objective 3. Support adult and youth learners with ESL (English as a Second. Language) outreach services and supplemental materials. 4.4.Objective 4. Support literacy activities with three full-time AmeriCorps members. One; for the Homework Help program, the second for the adult learner tutoring program, and the third for teen tutoring and college preparation. FY2016-2021. 4.5.Objective 5. Library staff will identify current technologies that will support community needs. 4.6.Objective 6. Implement Career- Online High School (CONS) Program for adults seeking a high school diploma. 5.0.1facilities. Users are provided attractive, well-maintained, user-friendly library facilities offering expanded, relevant resources and appropriate technologies. Page 273 of 1471 5.l .Objective 1. Support Schoolhouse Museum facility and staff as outlined in the management agreement between the City and the Boynton Cultural Centre, Inc., FY2016-2021. 5.2.Objective 2. provide a secure environrilent for patrons using the library. Outcome 1. Continue to strive for fewer incidents in and around the library facilities and grounds. Outcome 2. Provide proactive police security at appropriate times. 5.3. Objective 3. reconfigure an interior area on the 2" d Floor of the library to create additional quiet study rooms both individual study and group study by using Clp funds as outlined in the City's Community Improvement plan. FY2017-201 S. 5.4. Objective 4. Create a lamer, long-term maker/technology space. Outcome 1, Reconfigure and reconstruct space on the Seacrest Blvd. wall in the southwest corner of the youth library to create a lamer public space and a soundproof media room. This will involve reconstruction and expansion into the Technical Services area by using CIP funds as outlined in the City's Community Improvement plan. FY201.7-15. Outcome 2. Purchase appropriate technology and equipment using State Aid funds. FY2016-17. 6.0.Staff. The public is assisted by knowledgeable, well-trained, courteous and service-oriented staff. 6.1.Objective 1. Working with the City's Human Resources staff to incorporate City's education/training component into library staff training plans. 6.2.Objective 2. Recruit, train and sustain a dedicated staff, board and volunteers. 6.3.Objective 3. Provide Staff with training and program opportunities that emphasize City of Boynton Beach Core Values and Brand Promise, FY2016-202.1. 6.4 Objective 4. provide staff with reference and technology training in accordance with in-house training curriculum. 6.5. Objective 5. Take advantage of SEFLIN and Florida State Library sponsored training, especially webmars. 7.0.Technoiogy & Digital Services. Patrons and staff use appropriate technology to facilitate access to information. (See also full Technology Flan) 7.1.Ob,jective 1. Evaluate existing public access to electronic resources, and market and expand use of all free digital resources, FY 2016-2021. 7.2.Objective 2. Evaluate and maintain patron interactive OPAC (Online public Access Computer) features both in-house and remote access. FY2016-2021. 7.3.Objective 3. Continue social media program on the Library's page of the City's newly designed. website including Facebook and Twitter. FY2016-2017. 7A.Objective 4. Upgrade public access computers, software and licensing, FY2016-2021. Page 274 of 1471 7.5. Objective 5. Continue agreement with Unique Management Services and SirsiDynix Debt Collect to collect outstanding patron accounts FY2016-2021. 7.6. Objective 6. Add one full-time Digital Services Librarian position to teach basic and intermediate public computer courses to all ages; to assist customers with Nooks, Kindles, Wads, iPhoncs, laptops, resurnes. email, applying for affordable health care, unemployment and other government services, and countless other activities that require the use of digital media and hardware. Perfonn Outreach activities to introduce the public to the library and its services. FY2017-2018. 8.0.Public Relations. The library promotes awareness of library resources, progran-is, materials and the availability of staff assistance through media and outreach efforts. 8. I.Objective 1. Review techniques and methods for marketing/promoting the library throughout the community, FY2016-2021 . 8.2.Objective 2. Continue to build and maintain close working relationship with news media. 8.3.Objective 3. Utilize the Internet to promote ongoing services with the assistance of the City's Communications Manager, FY2016-17. 8.4.Objective 4. Create and maintain partnerships between library and schools, businesses, churches, and non-profit community organizations. FY2016-2021. 8.5.Objective 5. Continue marketing of library programs and services, FY2016-2021 . 8.6.Objective 6. Enhance citizens' knowledge of library services, FY2016-202 1. 8,.7.Objective 7. Increase public awareness of Local 1-listory and Archives resources in the Library's collections, FY2016-2021. Outcome 1. Develop a digitization and preservation plan. Outcome 2. Market in-house online searchable database of historical local newspapers. Outcome 3. Expand public awareness of scanning program. 9.0.Library Cooperation. Palm Beach County residents (except for residents of the City of Boca Raton, Highland Beach, Mana.lapan and the Town of Palm Beach) have free access to expanded services and resources by the Library's participation In cooperative networks. Boynton Beach City Library also participates in the Sunshine Library Card Program through the Southeast Florida Library Inforination Network (SEFLIN). This allows Boynton library card holders free borrowing privileges at the libraries of Florida Atlantic University, Palm Beach State College, Palm Beach County Library System, and the School District of Palm Beach County. 9.1.0bjective 1. Increase staff participation in SEFLIN training prograrns and workshops, FY2016- 2021. Page 275 of 1471 9.2.Obiiective 2. Maintain cooperative partnership with the Library Cooperative of the Palm Beaches, FY2016-202 1. 9.3.0tijective 3. Continue Cooperative Authority for Library Automation (COALA) services plan for Boynton Beach, Delray Beach, Palm Springs, Lake Park and Village of North PaIrn Beach Public Libraries, FY2016-2021. 9,4.Objective 4. Improve access to library materials and programs by promoting the sharing of resources among the member libraries of the Library Cooperative of the Palm Beaches and SEFLIN mernber libraries, FY2016-2021. 9.5.Objective 5. Continue cooperative services and staff participation in COALA, SEFLIN and the Library Cooperative of the Palm Beaches. Outcome I . Provide opportunities to full-time staff members to attend, in person or virtually, at least two cooperative training activities annually. Outcome 2. Encourage staff usage of SEFLIN's "Community of 1,eaming." 9,6.Objective 6. Continue access of other libraries to our collection materials through interlibrary loan via FLIM (Florida Library Information Network) and OCLC, FY2016-2021. 9.7.Objective 7. Promote visits to Boynton Beach City Library and the downtown area, FY2016-2021. Outcome 1. Attain positive press coverage at least five (5) tirnes in the print media annually. Outcome 2. Offer programs for all ages encouraging library visitation, 10. O.Ad ministration. The public receives the highest quality library services at the most reasonable cost through routine review, evaluation, and modification of the organization, and its operations, policies, and procedures. IO.I.Objectivel. Publish library policies that promote fair and equitable patron service, facilitate optimal access to the wide range of infori-national resources, and are relevant to the needs and demands of the community, FY2016-2021. 10.2.Objective 2. Review, evaluate and update existing procedural manual for relevance and accuracy, FY2016-202 1. 10.3.Objective 3. Conduct annual reviews of library policies and procedures so as to insure relevant, current and effective community access to the Library's information resources, FY2016-2021. 10.4,Objective 4. Revise and update the Long -Range and Technology Plans reflecting current and future needs for the provision of quality library services and information resources to the community, annually. Page 276 of 1471 1 1.0. Goals, Objectives, Outcomes and Measurements 1.I I. Gaal 1. Provide for expanded client access to the informational resources available at the local, regional, state, national and international levels through the increased utilization of state-of--the-art technological tools and resources. 1.1.1. Objective 1. Acquire, rnaintain and upgrade the technological capability enabling the expansion of access to the wide range of informational resources and the maintenance of a secure and safe electronic environment, FY2.016-2021. Outcome I . Continue with the library technology upgrade plan which provides a schedule for replacing approximately one fourth of the Library's public computers every year. Measurement 1. Twenty five public outdated computers will be replaced and installed FY201.6-17 as part of the technology upgrade plan. Outcome 2. Continue following network infrastructure upgrade plan by following a schedule for replacing all of the servers, communications hardware and other related equipment within a five- year period. Measurement 1. Replace at least one server each year and library network switches during their fourth or fifth year of service. FY2016-2021. Outcome 3. Implement printer upgrade plan by following; a schedule for replacing the Library's public printers and expanding printing capability including wireless printing. Measurement I , Add one adult public printer — HP Laser JetPro multifunction printer. Outcome 4. Continue supporting; ecommerce payments F`r'2016-2021. 1.1.2. Objective 2. Maintain appropriate communications technologies so as to insure a reasonable level of consistent, effective, secure and safe internet/World Wide Web access for all library patrons/users, FY2016-2021. Outcome 1. The library staff will review at least once a year the pricing, viability and effectiveness of current telecommunications product agreements. Measurement 1. The price is competitive, product is reliable with no more than one failure per quarter, Outcome 2. Continue to lease the Metrofiber Circuit for Internet service by leasing one 50mps and continue with one Comcast Cable DSL line for backup.. Measurement 1. Test the Metrofiber Circuit for speed and test the Comcast DSL circuit for failure. Page 277 of 1471 1.1.3. Objective 3. Develop, implement and refine policies and procedures which will provide for an efficient and effective public service product, an internal structure to operate and maintain the service and a cost effective product environment, FY2016-202 1. Outcome 1. To have in place a cleat-, concise and relevant set of library technology related policies and procedures, which insures ease of public access and maintainability. Measurement 1. At least once per year, staff reviews, revises or otherwise updates existing and/or proposed technology related policies and procedures. 1.1.4. Objective 4. Maintain an organizational structure, which will provide for the maintenance and support of the public access Internet/Web service product, as well as other online services to the patron/user, FY2016-2021. 1. 1 .5. Objective 5. Enhance the Teen Media Lab - Virmal Zone, which provides high school age students the opportunity to create digital prQjects, music and video creation and editing capabilities. FY2016-2017. 1.2. Goal 2. Establish working partnerships with the community at large, including local governmental entities, educational organizations/institutions, cultural agencies and civic groups in order to support and promote quality library electronic service programs throughout the community. 2.0. Professional Development Strategy. In order to maintain and grow a set of library service products based on technological developments the Library will continue to provide technology training and learning opportunities for employees. Improving and enhancing the Library staffs ability to assist the public with accessing information using 21" century technology and building the staff comfort level is the expected outcome of such training. The professional development strategy takes into consideration the technology needs of both patrons and staff. 2.1. Objective 1. Evaluate and revise ongoing library staff training prograrn that will establish and maintain basic technological skills enabling case of access. Plan will include Internet/Web access and search strategies, using and searching the online catalog and other skills and knowledge required to function in an electronic information environment and gives a working knowledge of the technological tools and resources available in the Library, FY2016-2017. Outcome 1. All employees who work with the public will be trained in the use of the SIRSI Symphony Circulation System to have sufficient backup personnel for the Customer Services Desk. Measurement 1. Each public service staff member will attend one SIRSI specific training opportunity provided by SIRSI Dynix webinars. Outcome 2. All public service staff will be trained in the use of library related software products, so as to more effectively work with the public on technology related issues. Measurement 1. All public service staff will attend no less than two library related software product -training opportunities per year. Page 278 of 1471 Outcome 3. The Library's Network Administrator will train backup personnel in the operations of the network in order to create an effective level of redundancy. This would maximum problem solving. Measurement 1. The Network Administrator will provide for three library network -related training events for professional staff members during the year. Outcome 4. The Network Administrator will attend systern specific training events in order to maintain a state of the art practical knowledge of network functions. Measurement 1. The Network Administrator will attend at least one technology -related network conference or workshop per year. 2.2. Objective 2. Provide training and learning opportunities for library patrons served by the Library so as to increase access to infort-nation and open new learning opportunities. Outcome 1. Contractwith instructor(s) using State Aid funds and offer J)Ubl1'C C0111JIUM- trainin.g including Coniliuter Basics, Internet scarcliing, email, illad, Microsoft Oflice softwirc and library databise training. F)'2016-17. Measurement 1. Increased participation documented by attendance and increased training events as documented through program schedules, lesson plans and other related documentation. Comparison will be based on first year of operation statistical reports. Outcome 2. Increase the number of library patrons who have a strong basic practical knowledge of using technological tools to search bibliographic and other databases by 5%, FY2016-2021. Measurement 1, Documented through training attendance logs and reduced time requiring staff assistance as documented through monthly reports and statistical data. 3.0. Assessment of Technology Services, Equipment, Software and Other Resources 3.1. Network. The Boynton Beach City Library provides access to electronic resources through its TCP-lP local area network (LAN). The current network has four Dell Power Edge servers with Windows Server 2012 installed. Two of tile 1.)C11 servers Serve as 01,11- "Domain Controllers" for the "cit\11ibrary" domain. Both sci,\ ers maintain file and print services as Nvell as DNS info for all out, local computers. Tile third Server (IMail) hosts the I...1brary's email. ]'he fOL-11111 server (Rescarta) hosts the digital c4.,)ples oftlic Boynton Beach City Directories as well as digital copies of the City's original historical newsImpers, "I'llese (14,1tal copies are available to all of the Library 1xitrons for use III- h0USc only. 3.2.Coniputers. The Reference Staff, Youth Services, Circulation, Library Archives, Technical Services and Administrative staff use 25 computers in support of library activities. Four laptops are also available for staff. There are 84 computers available for public use — 51 of those run on Windows 7 and Microsoft Office 2007 and the 23 new computers run on Windows 10 and Microsoft Office 2013. These computers are connected to the Internet and usage is controlled by Page 279 of 1471 Invisionware's PC Reservation systern, All print to HP Laser Jet Printers controlled by Envisionware's LPTI printing system. Twenty computers are located in a computer lab and are available for use when classes are not in session. `wireless Access to the Internet is available in the Library for laptop patrons. All computers allow for patrons to use CDs or flash drives. Syrnantee Norton Antivirus is installed on every computer in the Library for antivirus and malware protection. Public Internet service is now supported by a 50 irtbps fiber optic connection from FPL Fibernet. Comcast Cable DSL is installed as a backup ISP, 3.2.1 Tecn Media Lab. The "VirlttalZonc"la t,,vo iliac c01111)rltel-s, two ylacBook Pro Laptops and two illads, The four Mae computers each have Adobe Photoshop, Anime Studi() Debut. & Manga Studio 5. The two iMacs have Final Cut Pro and the ovo 1°✓ aeI3oo Pros also have Aperture, A Yan-iaha keyboard, a guitar- a11d several Ca11011 Sul-eShctt CLIM ;ras have been added. A Mac: OS X server series as a host t's,r the tiles or videos created by our tCe17 patrons. 3.3. Printers. There are three printers, various black and white and color HP models, available for the public to use. For staff, there are 16 printers available, various HP color and black and white models. One Mak:et-Bot 5"' generation 3-D printer has been added for library prograrn usage only. One new HP printer will be added in FY16-17 for the public, which will allow them to print 2 -sided and also scan to .pdf format. 3.4. Technical Support. The network is supported by 3.0 FTE staff in-house, the City's ITS staff and SIRSI Corporation. Occasionally, for special projects,. the Library will contract for short-term support. 3.5. Databases. The Library Cucrently subscribes to the following; oii1 is databases: All Data (car repair), Novel Data Database, Learning Express Library, Freegal, 7inio, C}vcrcilivc, `fransl�a1e11t. Languages a n cl the Florida Electronic Library (provided by the Florida State Library). The library also subscribes to access to the ,lohI ,icw Employment Kiosk. 3.6. Staff Training. In order to develop and maintain a set of user-friendly library service products, library staff needs to continue to develop their own skills in the use of technology. The Library conducted training will focus on improving the staff, s ability to assist the public with accessing information using current technology. During FY2016-2017 the Library will evaluate its present staff training program, The training program will include working with the Library's catalog, improving searching of the Internet, using bibliographic and full -text databases, and developing skills to work in an electronic information environment. Staff is always encouraged to use the training classes offered through the City"s HR Department and SEFLIN Community of Learning program. 3.7. Free Public Training. The Library has provided training and learning opportunities 161. all library patrojis in order to increase their skills in the use of a1id satisfactioji with a variety of library databases and programs. ThescJ classes will continue to be offcred by contracted instructors w110111 will be paid by C"onicast grant fbnding; upon app1-0V<11s. We ostinTlatc «ffel-111" 110 less, than eight different classes, scheduled th1'0ugh0c1t the year for patrons. 10 Page 280 of 1471 3 -y has a state of the art security systern consisting of 3.8. Library Security Equipment. The I-ibrai security gates, and security tags that have the ability to advance to an RFID (Radio Frequency Identification) system. This conversion mAl he considered in FY201 8-19 depending on finances. The library also has 34 CCTV cameras place at be interior and exterior ofthe building. 4.0. Budget Planning. The Library will seek to provide sufficient funding to provide the means of achieving the goals and objectives of this plan. 4. I.Objective I. Utilize State Aid Funds to supplement funding for the goals and objectives of the technology plan, FY2016-2017. Outcome 1. Purchase of 25 new computers for public use as pas of the Library's Technology Plan upgrade for Library, FY2016-2017. Measurement 1. 25 replacerricrit C01111WICTS installed clatrinsr tine yc ar LlSiu�'_', Statc Aid funds. Outcome 2. Replace the Libraries three network core s\vitches with I ( GH', network switches. Mcasurernern I . Testing nctxvork packet speeds before and alley the install sWuld produce a sigiAlkant improvement 10 our patrons and stall'. Outcome -1. Prow de SITN4 [wgrarnming to our youth patrons using as 3-D printer frons Makcrbot. Measurement 1. Schedule no less than eight educational programs using the 3-1) printer, Outcome 4. Illrtain contract Ibr m"ite PCtechnical SUpP011, W2016.17. Meastirenicnt 1, Contract Or U1.) to 40 hours Of onsite PC SUJ)p0rt irnutlally. OUtcorne 5. Seurre sufficient funding to provide Support 101- W6110Sting, Online calendar hosting, DNS, Watch(ward Intemet Filtering, Envisionware. Srnamec Norton Antivirus. 1ps"Tch ImaiL SUAD"ix Symphony Workflows and Enterprise soft"wre products, including, software upgmdes, for Be bibliographic database, FY2015-16. WaSUI-CluClIt 1. Secure 10CL11 funding to provide sol"tware support. Outcome 6. Se acre funding to support the inairsomnee and sWWarT upgrade of puNic umnputci- securdy and other software enhariccirrents, FY2016-17. kleasuremcnit I Secure local funding to sqq)oj-t the maintenance and software upgrade of public compuWr security and other sohwmv enGwernents. (haumne 7. Secure local funding f'or staff and material to support the technology plan and the ljbnwy's efforts to provide compmer and other technological services to the ME Page 281 of 1471 pUbliC. 'Fhis includes funding SL.Ipl)()I-t I'Or 3.5 FTE professional, technical staff, FY201 6-1 T measurellicilt I . Secure local funding fior 15 FTE staff to SLIPPOI-t fibl-al-Y tCCh1)OjO11y plan and initiatives, and the necessary material, FY201 6-17, OUIC0111C 8. Cornplete redesign of'library website Nvith all Updated MONIC feiture by City ITS Dept. VICaSUrement 1. New vvebsite goes live. Outcome 9. Replace six wireless access points and two switches that support them. Measurement 1. Installation ofaccess points and switches. 12 Page 282 of 1471 4.2. Planned Technology Budget. Source Plan Description Amount Year State Aid 4.1 Outcome 1 25 replacement Desktop PCs 21,000 FY2016-17 State Aid 4.1 Outcome 2 3 Network Switches 4,000 FY2016-17 Loca] Funds 1. 1.2 Outcome 2 FPL 50 mops Fibernet 15,312 FY2016-17 Local Funds 1. 1.2 Outcome 2 Comcast Cable DSL Line 1,800 FY2016-17 Local Funds 4.1 Outcome 5 OCLC Subscription, Monthly ILL 7,812 FY2016-17 Connection/Cataloging Local Funds 4.1 Outcome 5 SirsiDynix GALA Synipliony, 15,744 FY2016-17 iBistro, Unique: Mgmt. Collection Module Local Funds 4.1 Outcome 7 3.5 FTE Technology Staff 223,338 FY20'16-17 local Funds 1. LI Outcome 5 ecorninerce Credit Card Charges 7901 FY2016-17 Local Funds 4.1 Outcome 5 Web Hosting, DNS (Domain Narne 1,475 FY2016-17 System), Email, Online Calendar Local Funds 4.1 Outcome 5 Envisonware Maintenance/LPT1 1,900 FY2016-17 Printing Client Module Local Funds 4.1 Outcome 5 Watchguard XMT Support 1,879 FY2016-17 Local Funds 4.1 Outcome 3 Ipswitch User Service Agreement, 795 FY2016-17 IMAIL Local Funds 4.1 Outcome 5 Antivirus Network - AVC 1,607 FY2016-1.7 Technologies Symantec Norton Local Funds 3.5 Databases All Data Auto Online Subscription 1,500 FY2016-17 Local. Funds 3.5 Databases hovel Data Database 35 FY2016-17 State Aid 3.5 Databases Learning Express Library 7,799 FY2016-17 Local Funds 3.5 Databases Jobview Employment Kiosk 4,800 FY2016-17 State Aid 3.5 Databases Transparent Languages Database 2,400 FY2016-1.7 State Aid 3.5 Databases Zinio Online Magazine Database 3,100 FY2016-17 State Aid 3.5 Databases Freegal Music Downloads & 7,330 FY201.6-17 Streaming State Aid 3.2 Computers Teen Media Lab Software: Adobe 1,800 FY201.6-17 Photoshop, Final Cut Pro, Aperture, Manga Studio & Anirne Studio State Aid 1.1.1 Objective 1 Add one new adult area printer 699 FY2016-17 - Outcome 3 with new HP LaserJet Pro State Aid 3.5 Databases Overdrive e -books Database 6,000 FY2016-17 State Aid 2.2 Objective 2 Contractual Services Public 8,0100 FY2016-17 Outcome I Computer/Technology Classes State Aid 4.1 Objective I - Replace 6 wireless access point and 2,578 FY2016-17 Outcome 9 two switches 13 Page 283 of 1471 5.0. Plan Evaluation. The basic premise for the evaluation of this technology plan is the satisfactory accomplishment of the mission critical, stated goals, objectives and outcomes, as demonstrated through the analysis of the defined measurements. In addition, there are stated goals and/or objectives that are considered mission critical in nature and noted for further consideration and development. The mrmcasuremnents are designed to indicate change and/or growth in customer use, quality and quantity of the service product and infrastructure imnprovements/enhancements. All goals, objectives, outcomes and measurements are considered mission critical in nature and focus. These are an indication of the needed improvements and enhancements which have been detennined to have a direct impact on public use of library technology and ease of access to information. The key areas for review are public access to infonnation impact; professional development; available telecommunications, equipment and. software; and, the acquisition of appropriate funding to support the plan. The technology plan will be reviewed, evaluated and updated each year by the Library Leadership Team; submitted to the City Commission for review and adoption; and, forwarded to the State Library. 14 Page 284 of 1471 6.F CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-122 -Authorize the City Manager to sign the Developer's Agreement with Hovsite I I Casa del Mar, LLC for the off-site construction of stormwater and water main piping associated with the Casa del Mar project. The City's share of the costs is $92,387. EXPLANATION OF REQUEST. As part of the development of the Casa del Mar project, the Developer, Hovsite II Casa del Mar, LLC, will construct the off-site stormwater and potable water main improvements along Dimick Road and a portion of Lake Drive. The cost of the off-site work will be shared between the City and Hovsite II Casa del Mar, LLC in accordance with Exhibit B of the Developer's Agreement. The Developer will provide the design, permitting, and construction of the infrastructure improvements and the City will reimburse the Developer for the City's share of the cost. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The off-site stormwater and water main improvements along Dimick Road and a portion of Lake Drive will provide improved potable water and drainage reliability and service to the Casa del Mar project and surrounding neighborhood. A new 8 -inch water main will replace the existing undersized 4 -inch water main, and the stormwater improvements include new catch basins and an outfall to the Intracoastal Waterway. FISCAL IMPACT. Budgeted The City's share of the costs is $92,387.00 which includes a 10% contingency for unforeseen conditions that may be encountered during construction. The use of any contingency will be mutually agreed upon by the City and Developer prior to invoicing. Funding is available in the Utilities CIP account. ALTERNATIVES: Not approve the Developer's Agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 285 of 1471 Grant Amount: ATTACHMENTS: Type D Resolution D Addendum REVIEWERS: Department Reviewer Utilities Groff, Colin Assistant City Manager Groff, Colin Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving Developers Agreement Developers Agreement Action Date Approved 9/6/2016 - 9:02 AM Approved 9/6/2016 - 9:02 AM Approved 9/8/2016 - 11:40 AM Approved 9/15/2016 - 2:56 PPA Approved 9/15/2016 - 4:43 PPA Page 286 of 1471 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 A DEVELOPER'S AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND HOVSITE II CASA DEL MAR, LLC, FOR THE OFF-SITE CONSTRUCTION OF STORMWATER AND WATER MAIIN PIPING ASSOCIATED WITH THE CASA DEL MAR PROJECT; AUTHORIZING THE CITY MANAGER TO SIGN THE DEVELOPER'S AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as part of the development of the Casa del Mar project, the Developer, Hovsite II Casa del Mar, LLC., will construct the off-site stormwater and potable water main improvements along Dimick Road and a portion of Lake Drive; and WHEREAS, the cost will be shared between the City and the Developer and the Developer will provide the design, permitting and construction of the infrastructure improvements and the City will reimburse the Developer for the City's share of the cost; and WHEREAS, upon recommendation of staff, the City Commission of the City of Boynton Beach Florida deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize execution of the Developer's Agreement between the City of Boynton Beach and Hovsite II Casa del Mar, LLC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\15893D38-D9C9-449E-81D8-18AFC4E74E8D\Boynton Beach. 4094.1. Developers_Agreement with Hovsite_ II Casa del mar-_Reso.doc Page 287 of 1471 29 approves and authorizes the City Manager to sign the Developer's Agreement between the 30 City of Boynton Beach and Hovsite II Casa del Mar, LLC., for the off-site construction of 31 stormwater and water main piping associated with the Casa del Mar project, a copy of the 32 Developer's Agreement is attached hereto as Exhibit "A". 33 Section 3. That this Resolution shall become effective immediately. 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 Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\15893D38-D9C9-449E-81D8-18AFC4E74E8D\Boynton Beach. 4094.1. Developers_Agreement with_Hovsite_II Casa del mar-_Reso.doc Page 288 of 1471 This Instrument Prepared by and Return to: James Vanderwoud, Esq. K. Hovnanian Homes 3601 Quantum Blvd. Boynton Beach, Florida 33436 DEVELOPER'S AGREEMENT THIS DEVELOPER'S AGREEMENT (the "Agreement") is made as of2016, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation (the "City") whose address is 100 E. Boynton Boulevard, Boynton Beach, Florida 33435 and HOVSITE 11 CASA DEL MAR LLC, a Florida limited liability company ("Developer") whose address is 3601 Quantum Blvd., Boynton Beach, Florida 33436. A. Developer is the fee simple owner of that certain real property containing +/- 4.8 acres in Boynton Beach, Florida, being more particularly described on Exhibit A (the "Subject Property"); and B. Developer intends to develop the Subject Property as a residential subdivision to be known as Casa del Mar (the "Project") as depicted on to that certain site plan prepared by GGHO & Associates, Inc. as job number 14-0213 dated 08-06-14; and C. The City and Developer desire to set forth the following special terms and conditions with respect to the development of the Project as provided for herein. NOW, THEREFORE, for and in consideration of the above premises, the promises provisions contained herein, and for other good and valuable consideration, the receipt sufficiency of which are hereby acknowledged, Developer and the City agree as follows: I 1. Recitals. The above Recitals are true and correct and are incorporated herein as material provisions of this Agreement. 2. Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. F.. Obligations and CommitmenM. (a) Construction of Storm Water Improvements. Developer shall provide the design, permitting and construction of the storm water improvements for the Project (the "Storm Water Improvements"). The City shall reimburse Developer for the City Percentage of the construction costs incurred by Developer as set forth on Exhibit "B" (the "City Storm Water Improvements Share") in the design, permitting and construction of the portion of the Storm Water Improvements conveying storm water from Dimick Road and a portion of Lake Drive to the Intracoastal Waterway, as identified on the plans prepared by A. J. Hydro Engineering, Inc. -as job number 14-0061 dated 02-05-16 approved by the City (the "Approved Plans"). {00143327 .1 306-9001821) Page 289 of 1471 # -.#77 Torm at Rations uncier tnisAgreement unti such time as a written release is obtained from the City, in the City's sole discretion; provided however, in the event all obligations under this Agreement have been completed, no such releas shall be required. Excluding the City and any homeowner who is conveyed a lot within the Proje after a certificate of occupancy is issued for a dwelling unit on such lot, Developer and al transferees, transferor, grantees, grantors, assignees and assignors relating to the Subject Prope are jointly and severally liable for the Developer's obligations under this Agreement. The right granted to Developer under this Agreement relate specifically to the Subject Property and are no permitted to be transferred to any other property. 6. Validity. If any portion of this Agreement is finally determined by a court o competent jurisdiction to be invalid, unconstitutional, unenforceable or void, the balance of th Agreement shall continue in full force and effect. 7. Notices. Any notices required or permitted under this Agreement, and copies thereof, shall be addressed to the City and the Developer at the addresses first appearing above, or at such other s•# designated in writing • the •. to receive notice. Notices shall be either: (i) personally delivered (including delivery by Federal Express or other overnight courier service) to the addresses set forth above, in which case they shall be deemed delivered on the date of delivery; or (ii) sent by certified mail, return receipt requested, in which case they shall be deemed delivered on the date shown on the receipt unless delivery is fOO143327.1 306-9001821) 2 Page 290 of 1471 refused or intentionally delayed by the addressee, in which event they shall be deemed delivered on the date of deposit in the U.S. Mail. 8. Attorney's Fees. In any lawsuit between the parties to this Agreement arising from this Agreement, each party shall bear their own respective attorneys' fees and costs. 9. Entire Agreement. This Agreement embodies the entire understanding of the parties with respect to the matters specifically enumerated herein, and all negotiations, representations, warranties and agreements made between the parties are merged herein. The making, execution and delivery of this Agreement by all parties have been induced by no representations, statements, warranties or agreements that are not expressed herein. There are no further or other agreements or understandings, written or oral, in effect between or among the parties related to the subject matter hereof. 10. Interpretation. None of the parties shall be considered the drafter of all or any portion of this Agreement for the purposes of interpreting all or any portion of this Agreement, it being recognized that all parties have contributed substantially and materially to the preparation of this Agreement. 11. Local Development Approvals and Permits. Notwithstanding anything herein to the contrary, all development of the Project shall be in compliance with all applicable federal, state, county and municipal laws and ordinances, rules and regulations (including, but not limited to, the City's land development regulations, zoning requirements and comprehensive plan). Unless expressly authorized or granted herein, nothing in this Agreement shall constitute or be deemed to constitute or require the City to issue any approval by the City of any rezoning, Comprehensive Plan amendment, variance, special exception, final site plan, preliminary subdivision plan, final subdivision plan, building permit, grading, storm water drainage, engineering, or any other land use or development approval. Nor shall this Agreement be deemed to reduce, eliminate, derogate from or otherwise adversely affect any such approvals, permissions or rights. These and any other required City development approvals and permits shall be processed and issued by the City in accordance with procedures with respect to same as otherwise set forth in the City's Code of Ordinances and subject to any conditions of approval thereof. Nothing in this Agreement shall constitute or be deemed to constitute a limitation, restriction or any other type of waiver of Developer's right or ability to seek a rezoning, comprehensive plan amendment, variance, special exception, site plan, preliminary subdivision plan, final subdivision plan, or any other land use or development approval. 12. Authority. Each party represents and warrants to the other parties that it has all necessary power and authority to enter into and consummate the terms and conditions of this Agreement, that all acts, approvals, procedures, and similar matters required in order to authorize this Agreement have been taken, obtained, or followed, as the case may be, and that, upon the execution of this Agreement by all parties, this Agreement shall be valid and binding upon the parties hereto and their successors in interest and assigns. 13. Effective Date. This Agreement shall become effective upon execution by all parties (the "Effective Date"). (00143327,1306-9001821) 3 Page 291 of 1471 14. Amendment. This Agreement may be amended, modified or cancelled by mutual consent of the parties hereto as represented by a written document executed by the City and the Developer. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Exclusive venue in any action to construe or enforce the provisions of this Agreement shall be in the circuit court of and for Palm Beach County, Florida. 16. Recording. Within fourteen (14) days after the execution of this Agreement by the parties, the City shall record this Agreement with the cost thereof to be bome by the Developer. 17. Indemnification. Developer agrees to defend, indemnify, and hold the City and the City's its officers, employees, and agents harmless from and against any and all damages, liabilities, claims, actions, penalties, damages, settlements, judgments, costs and expenses, including court costs, reasonable attorney's fees, and paralegal expenses, at both the trial and appellate levels arising directly out of Developer's construction and/or installation of the Storm Water Improvements and Potable Water Improvements (collectively the "Improvements") including, without limitation, losses arisinc., jiLecLly out of or resuIting_LQm_ja-_mq.nA ii�war�AmLh� damage to property, defects in materials or workmanship, or a claim that the construction and/or installation of the Im%provements violates =j apiglicable statute- ordinance,. administratiav-xiiii"W.7 .ule or regulation or decree of any court. The provisions of this section shall survive thT, completion and acceptance of the Improvements by the City. ■ Non -Waiver of Sovereign Immunity. Nothing contained in this Agreement nor in any instruments executed pursuant to the terms of this Agreement shall be construed as a waiver or attempted waiver by the City of its sovereign immunity under the Constitution and laws of the State of Flori,44. 19. No it Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement. 20. Informed Execution. This Agreement is entered into voluntarily by the Developer without duress and after full review, evaluation and consideration by the Developer. Developer is represented by counsel, or alternatively, has been afforded an opportunity to retain counsel for review of this Agreement. 21. Time is of the Essence. Time is hereby declared to be of the essence in the performance of the duties and obligations of the respective parties to this Agreement. 22. Captions. The captions or paragraph headings of this Agreement are provided for convenience only and shall not be deemed to explain, modify, amplify or aid in the interpretation, or meaning of this Agreement. 23. Independent Parties. City and Developer are not partners and this Agreement is not a joint venture and nothing in this Agreement shall be construed to authorize the Developer to represent or bind the City to matters not expressly authorized or provided in this Agreement. (00143327.1 306-9001821) 4 Page 292 of 1471 {00143327 .1 306-9001821) Page 293 of 1471 Bv: Name: Title: {00143327.1306-9001521} 0 I BY: Name: Title: APPROVED AS TO FORM AND LEGALITY For the uses and reliance of the City of Boynton Beach, Florida only By: Name: Title: Dated: Page 294 of 1471 Print Name: Witness Print Name: Witness HOVSITE II CASA DEL MAR LLC, a Florida limited liability company Its: The foregoing executed,was sworn to and acknowledgedbefore ofHOVSITE 11 CASA DEL MAR LLC, a Florida limited lia-b-4-1-ii-ty company. She/He")(check one) JZ 1 is personally known to me, or F-1 has produced a valid driver's license as ide"n"ifification. Notary Public, and County Aforesaid ANDREA LAMBERT NOTARY PUBLIC My Commission Expires STATE OF FLORIDA e FF 17 My Commission Number is a 212012018 {001433271 306-9001821} 7 Page 295 of 1471 DESCRIPTION: ALL OF CASA DEL MAR, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 121, PAGES 116 THROUGH 118, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 209,259 SQUARE FEET/4.8039 ACRES MORE OR LESS. Page 296 of 1471 r q , 14/ u a hrt: OF �..M page 1 Page 297 of 1471 6.G. CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-123 - Approve Subordination Agreement allowing for a subordination of the City's mortgage for Charles W. Powers, Jr., and his mother Paula J. Powers for the property located at 172 S.E. 30th Ave., Boynton Beach, Florida 33435, and authorizing the City Manager to sign the Subordination Agreement. EXPLANATION OF REQUEST: Subordination is, by definition, the acceptance by a lender in first position on a mortgage to allow new charges, claims, or mortgages on a given property become the priority. The subordination agreement allows the new lender to have first position on the property, and the City to become subordinate to the new mortgage. In this case, the Powers received assistance to purchase and rehabilitate the property through the City's First Time Homebuyer Program in 2010, in the amount of $14,600, later corrected to reflect $14,360.85 after repairs were completed, with a first mortgage from PNC Mortgage in the amount of $93,512 at 5.00 per cent interest rate for 30 years. The Powers are refinancing their mortgage at an interest rate of 3.50 per cent, saving them $250.00 monthly. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There is no affect to City programs or services. The Powers are merely taking advantage of an opportunity to lower their housing costs. FISCAL IMPACT. Non -budgeted There is no fiscal impact, as the City's mortgage will retain second position. ALTERNATIVES: Not to approve the subordination agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 298 of 1471 ATTACHMENTS: Type D Agreement D Attachment D Attachment REVIEWERS: Department Reviewer Community Improvement Pyle, Judith Development Mack, Andrew Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description Resolution approving Powers Subordination Agreement Powers Subordination Agreement Powers Bank Documents Powers Lender Doc Action Date Approved 9/8/2016 - 10:36 AKA Approved 9/13/2016 - 4:55 FOIA Approved 9/13/2016 - 4:57 FOIA Approved 9/16/2016 - 11:46 AKA Approved 9/16/2016 - 2:02 FOIA Page 299 of 1471 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 THE SUBORDINATION OF THE CITY'S MORTGAGE WITH CHARLES W. POWERS, JR., AND PAULA POWERS IN FAVOR OF FREEDOM MORTGAGE CORPORATION; AUTHORIZING THE CITY MANAGER TO SIGN THE SUBORDINATION AGREEMENT BY THE CITY OF BOYNTON BEACH IN FAVOR OF FREEDOM MORTGAGE CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to authorize the City Manager to execute a Subordination Agreement in favor of Freedom Mortgage Corporation, for Charles W. Powers, Jr., and Paula Powers. 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 the request for subordination of the City's Mortgages and authorize the City Manager to execute the Subordination Agreement for Charles W. Powers, Jr., and Paula Powers in favor of Freedom Mortgage Corporation, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. Page 300 of 1471 29 PASSED AND ADOPTED this day of , 2016. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 ATTEST: Judith A. Pyle, CMC Interim 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 Page 301 of 1471 This Instrument Prepared by: James A. Cherof, Esquire GOREN, CHEROF, DOODY AND EZROL, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT (the "Agreement") is made this day of , 2016 by the City of Boynton Beach, a Florida municipal corporation, (the "CITY") in favor of Freedom Mortgage Corporation ("Freedom"). WITNESSETH: WHEREAS, the CITY is the owner and holder of that certain corrective promissory note and corrective mortgage in the original principal amount of Fourteen Thousand Three Hundred Sixty and 85/100 Dollars ($14,360.85), executed on February 15, 2011, which Corrective Mortgage was recorded on February 23, 2011 in Official Records Book 24376, Page 0725 of the Public Records of Palm Beach County, Florida (referred to as the "Mortgage") by Charles W. Powers, Jr., a single man and Paula J. Powers, a single woman (referred to as the "Mortgagors"), and WHEREAS, Mortgagors are the owners in fee simple of the following described real property (the "Property"), which Property is encumbered by the Mortgage: Lot 2, Block 10, SEA CREST ESTATES, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24, at Page 245; said lands situate, lying and being in Palm Beach County, Florida. Tax Parcel No. 08-43-45-33-08-010-0020 WHEREAS, Freedom has agreed to refinance the Mortgagors loan, and grant a mortgage loan to the Mortgagors in an amount not to exceed $98,893.00 to be secured by a first mortgage encumbering the Property (hereinafter the "New Mortgage"), provided that the CITY's Mortgage, currently in second position, is subordinated to the New Mortgage; THEREFORE, in consideration of the sum of Ten Dollars and 00/100 ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY hereby represents, covenants and agrees as follows: The foregoing recitals are true and correct and incorporated herein as if set forth in full. 2. The Mortgage has not been assigned, pledged or transferred in any manner whatsoever other than as set forth above. The Mortgage is and shall be subject, subordinate, junior and inferior to the New Mortgage in the principal amount not to exceed $98,893.00 given by Mortgagors, Page 302 of 1471 Charles W. Powers, Jr., a single man and Paula Powers, a single woman to Freedom, of even date and simultaneously recorded herewith in the Public Records of Palm Beach County, Florida. This subordination is only to the extent of the loan amount not to exceed $98,893.00 and does not apply to any addition or future advances which may be made under the New Mortgage. 4. This Agreement shall bind and inure to the benefit of the parties hereto, their respective heirs, successors and/or assigns. IN WITNESS WHEREOF the undersigned has duly executed this Agreement on 12016. Signed, sealed and delivered in the presence of STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF BOYNTON BEACH, a Florida municipal corporation By: Lori LaVeniere, City Manager The foregoing instrument was acknowledged before me on this _day of , 2016 by Lori LaVerriere, City Manager of the City of Boynton Beach, on behalf of the CITY, who is either personally known to me or has produced a Florida Driver's License as identification. NOTARY PUBLIC 2 of 2 C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\BAE1BD83-3788-477B-AEE4-53700C167254\Boynton Beach. 4115.1. Subordination_Agreement- Powers_(Freedom_Mtg). Doc Page 303 of 1471 POE T,,1oL Final aeP �; Il ge�lullJ�,Good Faith Estimate qm Deva` Nance of Originator Freedom Mortgage Corporation Originator 907 pleasant valley AV Ste .3 Address Mount laurel ICJ 06054 Ori falator Phmre Number teoo)-zzD-3333 Originator Email rhowshad. hammond@freed—i—taaue. co%ri Purpose Shopping for your loan Important dates Summary of your loan Escrow account information OMB Approval No. 2502-0265 This GFE gives you an estimate of your settlement charges and loan tenns if you are approved for this loan. For more information, see HUD's Special lnforniation Booldetoil settlement charges, your Truth -in -Lending Disclosures, and other consumer information at www.hud.gov/respa. Ifyou decide you would like to proceed with this loan, contact us. Only you can shop for the best loan for you. Compare this GFE with other loan offers, so you can find the best loan. Use the shopping chart on page 3 to compare all the offers you receive. 1. The interest rate for this GFE is available through �9/z4/16 1 . After this time, the interest rate, some of your loan Origination Charges, and the ninthly payment shown below can change until you lock your interest rate. 2. This estimate for all other settlement charges -.is available through 1 09/16/16 3. After you lock your interest rate, you must go to settlement within 30 days (your rate lock period) to receive the locked interest rate. 4. You must lock the interest rate at least n/A days before settlement. Your initial loan amount is $ 77, 347.00 Your loan term is 24 eats Your initial interest rate is — — -- -- ----- -------- 3 . soo Your initial monthly amount owed for principal, ----- ------ —------------ ---- interest, and any mortgage insurance is $ 495.66 'ler month Can your interest rate rise.! ®NO ❑ Yes, it can rise to a maximum of u , The first change will be in Even if you make payments on time, can your No ❑ Yes, it can rise to a maximmn of loan balance rise? $ Even if you make payments on time, can your ® No ❑ Yes, the first increase can be in and monthly amount owed for principal, interest, and (lie monthly amount owed can rise to aqy mortgage insurance rise? $ The maximum it can ever rise to is $ Does your loan have a prepayment penalty? © No ❑ Yes, your maximum prepayment penalty is Does your loan have a balloon payment? 0 No ❑ Yes, you have a balloon payment of $ due in years. Some lenders require an escrow account to hold funds for paying property taxes or other property -related charges in addition to your monthly amount owed of $ 995.66 Do we require you to have an escrow account for your loan? ❑ No, you do not have an escrow account. You must pay these charges directly when due. ® Yes, you have an escrow account. It may or may not cover all of these charges. Ask us. Summary Y®ur,0.djusted origination Charges (see page z.} $ oo5.a5 of your settlement r Your Charges for All other Settlement Services (see page z.1 $ 3, 669. s7 charges r +,!B] , p 20664'7892 Good Faith Estimate (HUD-GFE) VMP w3 Walters Kluwer Financial Services 00;51,15702 09r'01/201h 07:19:36 11/17/08 Page i of 3 VMP116F (1003).02 Page 304 of 1471 Understanding your estimated settlement charges Some of these charges can change at settlement. See the top of page 3 for more information. ar,►4�� f µ k G ' '�bn.,h&lts "fk rvf SI i 4 r.S n1 f�, rsti a� �)�kJft� q<<}i�r 1. Our origination charge This charge is for getting this loan for you. 0. DO 2. Your credit or charge (points) for the specific interest rate chosen ❑ The credit or charge for the interest rate of % is included in "Our origination charge." (See item 1 above.) We will choose the providers of these services. ❑ You receive a credit of $ for this interest rate of %. This credit reduces your settlement charges. You pay a charge of $ 1, oos. as for this interest rate of _ Mortgage Insurance 1, 330. 301C--11it Report 22.00 This charge (points) increases your total settlement charges. The tradeoff table on page 3 shows that you can change your total settlement charges by choosing a different interest rate for this loan. 1, 005. e5 1 iOdgination Charges 77, ,, ,l6lr;.;h � 3. Required services that we select These charges are for services we require to complete your settlement. We will choose the providers of these services. Service Chatme Service Charge _ Mortgage Insurance 1, 330. 301C--11it Report 22.00 Tax Related Service 85.00 Flood Determination 16.00 Subordination Fee 250.00 ---�'-- 1,705.30 4. Title services and lender's title insurance This charge includes the services of a title or scitlement agent, for example, and title insurance to protect the lender, if required. 698.50 5. Owner's title insurance You may urchase an owner's title insurance policy to protect your interest in the property. o. oo 6. Required services that you can shop for These charges are for other services that are required to complete your settlement. We can identify providers of these services or you can shop for them yourself. Our estimates for providing these services are below. Service Charge Service Char e 6. en 7. Government recording charges These charges are for state and local fees to record your loan and title documents. 233.10 8. Transfer taxes These charges are for state and local fees on mortgages and home sales. 270 . 9C 9. Initial deposit for your escrow account This charge is held in an escrow account to pay future recurring charges on your property and includes El all property taxes, DI all insurance, and ❑ other E98.53 10. Daily interest charges This charge is for the daily interest on your loan from the day of your settlement until the first day of the next month or the first day of your normal mortgage payment cycle. This amount is $ 7.92per day fcr E271 days if our settlement is 09/09:16 163.29 11. Homeowner's insurance This charge is for the insurance you must buy for the property to protect from a loss, such as fire. Polio ^"ar-v Polic° Char 0.00 - i lITt f 9f4�r lw- ; 20669789: Good Faith Estimate (HUD-GFE) VMP Op� Wolters Kluwer Financial Services p e" orn M95 45,'0 09/7112016 07;19.90 11/17/08 Page 2 of 3 VMP116F (1003).02 Page 305 of 1471 Instructions Understanding which charges can change at settlement This CFE estimates your settlement charges. At your settlement, you will receive a HUD -1, a form that lists your actual costs. Compare the charges on the HUD -1 with the charges on this GFE. Charges can change ifyou select your own provider and do not use the companies we identify. (See below for details.) Using the In this GFE, we offered you this loan with a particular interest rate and estimated settlement charges. However: tradeoff table If you want to choose this sante loan with lower settlement charges, then you will have a higher interest rate. If you want to choose this same loan with a lower interest rate, then you will have higher settlement charges. If you would like to choose an available option, you must ask us for a new GFE. Loan originators have the option to complete this table. Please ask for additional information ifibe table is not completed. Your initial loan amount $ 77, 397.00 $ Our origination charge Required services that we select Required services that you can shop for Your credit or charge (points) for the Tide services and lender's title (ifyou do not use companies we specific interest rate chosen (ager you insurance (ifwe select them or you dentily) lock in your interest rate) use companies we identify) Title services and lender's title Your adjusted origination charges (alter Owner's title insurance (ifyou use insurance (ifyou do not use you lock in your interest rate) companies we identify) companies we identify) Transfer taxes Required services that you can shop Owner's title insurance (ifyou do not Change in the amount you will pay f4tr (ifyou use companies no use companies we idendiy) Your settlement charges identify) Initial deposit for your escrow account will be reduced by Government recording charges Daily interest charges Homeowner's insurance Using the In this GFE, we offered you this loan with a particular interest rate and estimated settlement charges. However: tradeoff table If you want to choose this sante loan with lower settlement charges, then you will have a higher interest rate. If you want to choose this same loan with a lower interest rate, then you will have higher settlement charges. If you would like to choose an available option, you must ask us for a new GFE. Loan originators have the option to complete this table. Please ask for additional information ifibe table is not completed. Your initial loan amount $ 77, 397.00 $ $ Your initial interest rate' 3.500 % % % Your initial monthly amount owed $ 995.66 $ $ Change in the monthly No change You will pay $ You will pay $ amount owed front this GFE more every month less evn month Change in the amount you will pay No change Your settlement charges Your settlement charges at settlement with this Interest rate will be reduced by will increase by How much your total estimated settlement charges will be 1 $ 9, (17;..12 Is I $ t Foran adjustable rate loan, the comparisons above ore fbr the initial interestrate before adjustments are made. Using the Use this chart to compare GFEs from different loan originators. Fill in the information by using a different column for each GFE you shopping chart receive. By comparing loan offers, you can shop for the best loan. L.uan originator name Initial loan amount s Loan tern years Initial interest rate % Initial mondd amount owed $ Rate lock aeriod Can interest rate rise? Can loan balance rise? Can month] amount owed rise? Fre )a sent remain ? Balloon nnvrnent? a If your loan IS Some lenders may sell your loan after settlement. Any fees lenders receive in the future cannot change the loan you receive or the sold in the future charges you paid at aettic =e . 2066,17892 Goo®ith Estimate (HUD-GFE)VMP * k Wolters Kluwer Financial Services yr,ar•d' 0095195702 09101,'2015 07:19:99 11/17/08 Page 3 of 3 VMPI IGF (1003).02 Page 306 of 1471 p1MErvrca, Final Good alt ti at �� IIIII�II x� Q NeAN o2YEvo [Address f Originator m Mortgage Corp tion iOr 907 Pleasant valley Av Ste 3 Mcunt Laurel NJ 08059 Orl 111atOr 1°itOite Nunttler (B00}-220-3333 Originator Entail rhovishaci.hammond@freedommortaaae.corn Purpose Shopping for your loan Important dates Summary of your loan Escrow account information OMB Approval No. 2502.0265 This GFE gives you an estimate of your settlement charges and loan terms if you are approved for this loan. For more information, see HUD's Special Information Booklet on settlement charges, your Truth -in -Lending Disclosures, and other consumer inforinadonatwww.hui.gov/respa. Ifyou decide you would like to proceed with this loan, contact us. Only you can shop for the best loan for you. Compare this GFE with other loan offers, so you can find the best loan. Use the shopping chart on page 3 to compare all the offers you receive. 1. The interest rate for this GFE is available through 109/14/16 . After this time, the interest rate, some of your loan Origination Charges, and the monthly payment shown below can change until you lock your interest rale. 2. This estimate for all other settlement charges is available through ILI!16n6 3. After you lock your interest rate, you must go to settlement within 3o days (your rate lock period) to receive the locked interest rate. 4. You must lock the interest rate at least N/A days before settlement. Your initial loan amount is $ 27,3C;.00 Your loan term is 29 ears Your initial interest rate is _ 3.500 %_ Your initial monthly amount owed for principal, interest, and all mort a e insurance is $ 995.66 )er month Can your interest rate rise? © No ❑ Yes, it can rise to a maximum of %. The first change will be in Even if you make payments on time, cats your ®No ❑ Yes, it can rise to a rnaxfmum of loan balance rise? $ Even if you make payments on time, can your ©No ❑ Yes, the first increase can be in and monthly amount owed for principal, interest, and the monthly amount owed can rise to any mortgage insurance rise? $ The maximum it can ever rise to is $ Does your loan have a prepayment penalty? ®No ❑Yes, your maximum prepayment penalty is $ Does your loan have a balloon payment? 0 No ❑ Yes, you have a balloon payment of $ due ill r. Some lenders require an escrow account to hold funds for paying property taxes or other property -related charges in addition to your monthly amount owed of $ 995.66 Do we require you to have an escrow account for your loan? ❑ No, you do not have an escrow account. You must pay these charges directly when due. ® Yes, you have an escrow account. It may or may not cover all of these charges. Ask us. Summary 'Your Adjusted t)riglnatio� charges (,See page 2.1 of your settlementD IYour Charges for All tither Settlement Services (say page 2.1 s, 669. s7 charges p $ n, 675.92 20669789", Good Faith Estimate (HUD-GFE) VMP g Wolters Kluwer Financial Services 6095195702 00101/2016 67,19c5�7 11/17/08 Page 1 of 3 VMP116F (1003).02 Page 307 of 1471 Understanding your estimated settlement charges Some of these charges can change at settlement. See the top of page 3 for more information. l�r9l '' "+i' (� , 1. Our origination charge This charge is for getdiiE this loan for you. o. co 2. Your credit or charge (points) for the specific interest rate chosen ❑ The credit or charge for the interest rate of % is included in "Our origination charge." (See item I above.) ❑ You receive a credit of $ E for this interest rate of %. This credit reduces your settlement charges. 1,705.30 ® You pay a charge of $ a, ors. as for this interest rate of 3. soo %. 698.50 This charge (points) increases your total settlement charges. o. 00 The tradeoff table on page 3 shows that you can change your total settlement charges by choosing a different interest rate for this loan. 1,005. 85 r`Chft,�r �AR,hr�ik ��, 3. Required services that we select These charges are for services we require to complete your settlement. We will choose the providers of these services. Service Char a Service Charge Mortgage Insurance 1, 33U. 30 Credit P.eport 22.00 Tax Related Service 85.00 Flood Det—ina Lion 18.00 Subordination Fee 250.00 1,705.30 4. Title services and lender's title insurance This charge includes the services of a title or settlement agent, for example, and title insurance to protect the lender, if required. 698.50 5. Owner's title insurance You may urchase an owner's tide insurance policy to proteut your interest in the ro ert . o. 00 6. Required services that you can shop for These charges are for other services that are required to complete your settlement. We can identify providers of these services or you can shop for them yourself. Our estimates for providing these services are below. Service Char a Service Charge Me 7. Government recording charges These charges are for state and local fees to record your loan and title documents. 233.10 8. Transfer taxes These charges are for state and local fees on mortgages and home sales. 270.90 9. Initial deposit for your escrow account This charge is field in an escrow account to pay future recurring charges on your property and includes ® all property taxes, ® all insurance, and ❑ other 598.53 10. Daily interest charges This charge is for the daily interest on your loan from the day of your settlement until the first day of the next month or the first day of your normal mortgage payment cycle. This amount is $ 7.92 er da for 22 (lays if our settlement i5 09/09/16 ). 163.24 11. Homeowner's insurance This charge is for the insurance you must buy for the property to protect from a loss, such as fire. I otic Charge Policy Charge o. on © for All Other Settlement �® 2x7669789', e Good Faith Estimate (HUD-GFE) P VMP C� Wolters Kluwer Financial Services 1114— 1 00951951.02 09!0112016 07:19:59 11!17/08 Page 2 of 3 VMP116F (1003).02 Page 308 of 1471 Instructions Understanding which charges can change at settlement This GFE estimates your settlement charges. At your settlement, you will receive a HUD -1, a form that lists your actual costs. Compare the charges on the HUD -1 with the charges on this GFE. Charges can change if you select your own provider and do not use the companies we identify. (See below for details.) Our origination charge Required services that we select Required services that you can shop for Your credit or charge (points) for the Title services and lender's title (ifvou do not use companies we specific interest rate chosen (after you insurance (ifwc select chem or you de°t`ly) lock in your interest rate) use companies we identify) Title services and lender's title Your adjusted origination charges (alter Owner's title insurance (ifyou use insurance (ifyou do not use you lock in your interest rate) companies we identify) companies we identify) Transfer taxes Required services that you can shop Owner's tide insurance (ifyou do not $ for (it -you use companies ov use companies we identify) identify) . Initial deposit for your escrow account Government recording charges Daily interest charges Homeowner's insurance Using the In this GFE, we offered you this loan with a particular interest rate and estimated settlement charges. However: tradeoff table If you want to choose this same loan with lower settlement charges, then you will have a higher interest rate. If you want to choose this same loan with a lower interest rate, then you will have higher settlement charges. if you would like to choose an available option, you must ask us for a new GFE. Loan orifi oators have the option to complete this table. Please ask for additional information ifthe table is not conitleted. all aaJusraore rare loan, me comparrsons above are ibr the initial interest rate before adjustments are made. Using the Use this chart to compare GFEs from different loan originators. Fill in the information by using a different column for each GFE you shopping chart receive. By comparing loan offers, you can shop for the best loan. Loan originator name Initial loan amount $ Loan teem years Initial interest rate l Initial monthl amount owed $ Rate lack period Can interest rate rise? Can loan balance rise? Can monthly anmtmt owed rise? If your loan IS Some lenders may sell your loan after settlement. Any fees lenders receive m [he future carmot Sold in the future change the loan you receive or the charges yore pd at setdeme=.u. 206697847 Good Faith Estimate (HUD-GFE) VMP Wolters Kluwer Financial Services 009.5195702 O^/01/2016 07:19:58 11/17/08 Page 3 of 3 VMP116F (1003).02 Page 309 of 1471 $ 77, 397 . 00 $ $ Your initial loan amount Your initial interest rate t ; . 500 % q ry Your initial monthly amount owed $ 995.66 S $ Change in the monthly amount owed from this GFE No change You will pay $ more every month You will pay $ less every month Change in the amount you will pay at settlement with this interest rate No change Your settlement charges will be reduced by Your settlement charges will increase by How much your total estimated settlement charges will be $ 4,675.42 $ $ all aaJusraore rare loan, me comparrsons above are ibr the initial interest rate before adjustments are made. Using the Use this chart to compare GFEs from different loan originators. Fill in the information by using a different column for each GFE you shopping chart receive. By comparing loan offers, you can shop for the best loan. Loan originator name Initial loan amount $ Loan teem years Initial interest rate l Initial monthl amount owed $ Rate lack period Can interest rate rise? Can loan balance rise? Can monthly anmtmt owed rise? If your loan IS Some lenders may sell your loan after settlement. Any fees lenders receive m [he future carmot Sold in the future change the loan you receive or the charges yore pd at setdeme=.u. 206697847 Good Faith Estimate (HUD-GFE) VMP Wolters Kluwer Financial Services 009.5195702 O^/01/2016 07:19:58 11/17/08 Page 3 of 3 VMP116F (1003).02 Page 309 of 1471 • MM The City Of Boynton Beach Post Office Box 310 Boynton• • Return to: Community Improvement THIS CORRECTIVE MORTGAGE IS BEING EXECUTED AND RECORDED IN ORDER TO CORRE THE AMOUNT OF $14,600.00 IN THAT CERTAIN MORTGAGE FROM THE BORROWER TO T LENDER DATED JULY 12, 2010 AND RECORDED JULY 15, 2010 IN OFFICIAL RECORDS B01O 23950, PAGE 0600, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. DOCUMENTAR STAMP TAXES WERE PAID ON SAID ORIGINAL MORTGAGE. I THIS SECOND MORTGAGE AND AGREEMENT dayof Februa[y,2011 Floridabetween Charles W. Powers, Jr., a sinQle man, and Paula J. Powers, a single woman, whose post office address is: 172 S.E. 30"' Avenue, Boynton Beach, Florida 33435 (hereinafter called "Mortgagor") and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, as Mortgagee and Secured Party, whose post office address is: 100 East Boynton (hereinafter WHEREAS, Charles W. Powers, Jr., a single man, and Paula J. Powers, a single woman, is justly indebted to the Mortgagee in the principal sum of Fourteen T• • Three Hundred Sixty and 85/100 Dollars ($14,360.85) as evidenced by a certain Promissory Note ("Note") of even date herewith, executed by and delivered to Mortgagee, payable according to the terms therein provided, and by reference being a part hereof to the same extent as though set out in full herein; and WHEREAS, this second mortgage is an interest-free deferred payment loan instituted under the City of Boynton Beach SHIP Program in which the Mortgagor holds the note and mortgage, . • the loan will be paid upon the sale of property if sold short of - term of first mortgage •r upon Mortgagor'sdefault. NOW THIS INDENTURE WITNESSETH, to secure the performance and observance b Charles W. ! and Paula J. Powers of all the covenants, conditions and agreements in the Note, this Second Mortgage, a any other instrument, agreement or document collateral to or executed or delivered connection with the loan Atransaeuon, (collectively the "Loan - and in order I charge the properties, interest and rights hereinafter described with such payme performance and observance, • for and in considerationof of ($10. 0 DOLLARS paid by Charles W. Powers, Jr., and Paula J. Powers • for other valuable considerations,- • • sufficiency oacknowledged, the Mortgagor does hereby grant, bargain, sell, alien, remise, release, f which is here conve assign,pledge, deliver,- over,• ! • the Mortgagee, • • •forever; C1 I� C) ty, �r3 CM r, tit w-•1 'JS P, Page 310 of 1471 ALL that certain piece, parcel or tract of land in which the Mortgagor has a fee simple interest situate in the County of Palm Beach, State of Florida (hereinafter called the "Land"), more particularly described as follows: Lot 2, Block 10, SEACREST ESTATES, according to the Plat thereof on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 24, Page 245. Property address: 172 S.E. 30th Avenue, Boynton Beach, FL 33435 PCN: 08-43-45-33-08-010-0020 TOGETHER WITH all lands, buildings, structures and improvements of every nature whatsoever now or hereafter situated on the Land, and all fixtures, machinery, equipment, furniture and other personal property of every nature whatsoever now or hereafter owned by the Mortgagor and located in, on, or used or intended to be used in connection with the operation of the Land, building, structures or other improvements, betterments, renewals, and replacements to any of the foregoing; and all of the right, title and interest of the Mortgagor in any such personal property or fixtures subject to a conditional sales contract, chattel mortgage or similar lien or claim together with the benefit of any deposits or payments now or hereafter made by the Mortgagor or on Mortgagor's behalf; TOGETHER WITH a security interest in (i) all property, equipment and fixtures affixed to or located on the Mortgaged Property, which, to the fullest extent permitted by law, shall be deemed fixtures and a part of the real property, (ii) all articles of personal property and all materials delivered to the Mortgaged Property for the use and operation of said property or for use in any construction being conducted thereon, and owned by Mortgagor; (iii) all contract rights, including construction contracts, service contracts, advertising contracts, purchase orders, equipment leases, all other contract rights associated with the Mortgaged Property, general intangibles, actions and rights of action, all deposits prepaid expenses, permits, licenses, including all rights to insurance proceeds, (iv) all right, title and interest of the Mortgagor in all trade names and trademarks hereinafter used in connection with the use of the Mortgaged Property, and (v) all proceeds, products, replacements, additions, substitutions, renewals and accessions of any of the foregoing. Mortgagor hereby grants to Mortgagee, as a secured party, a security interest in all fixtures, rights in action and personal property described herein. This Mortgage is a self -operative security agreement with respect to such property, but Mortgagor agrees to execute and deliver on demand such other security agreements,financing statements and other instruments as Mortgagee may request in order to perfect its security interest or to impose the lien hereof more specifically upon any of such property. In addition to those specified herein Mortgagee shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Page 2 of 11 Page 311 of 1471 L1111:114 A [A 4 1.01 Performance of Note and Mortgage. The Mortgagor will perform, observe and comply with all provisions hereof, of the Promissory Note (hereinafter referred to as "Note") secured hereby and any of the other Loan Documents, and will promptly pay to the Mortgagee the sum of money expressed in the Promissory Note with interest thereof and all other sums required to be paid by the Mortgagor pursuant to the provisions of the Amended and Restated Note and the Mortgage on the day or days when payment shall become due, all without deduction or credit for taxes or other similar charges paid by the Mortgagor, time being of the essence for such payments. The Loan secured by this mortgage shall be paid to the Mortgagee without interest upon sale of the property and shall be for the term of the first mortgage. If the property is not sold prior to the expiration of the first mortgage, then the loan shall be fully forgiven and nothing shall be owed. 1.02 Warranty of Title. The Mortgagor covenants that it is indefeasibly seized of the Land in fee simple, has good, marketable and absolute title to the Mortgaged Property and has full power and lawful right to convey and mortgage the same in the manner and form aforesaid. That the Mortgaged Property is free from all encumbrances except taxes for the current year a first mortgage in favor of PNC Mortgage and its successors, and any other permitted encumbrances. The Mortgage hereby makes further assurance to perfect fee simple title to the Land in the Mortgagee as may be reasonably required. The Mortgagor does hereby fully warranty the title to the Mortgaged Property against claims of all persons whomsoever. 1.03 Insurance. Mortgagor shall keep the improvements now existing or hereafter erected on the Mortgaged Property, insured against loss by fire or other hazards, casualties, and contingencies, including but not limited to flood, in such amounts and for such periods as may be required by Mortgagee, and to pay promptly when due, all premiums on such insurance policies or renewals. 1.04 Condemnation. If all or any part of the Mortgaged Property shall be damaged or taken through condemnation (which term when used in this Mortgage shall include any damage or taking by any governmental authority, and any transfer by private sale in lieu thereof, either temporarily or permanently), the entire indebtedness secured hereby shall at the option of the Mortgagee become immediately due and payable if the Mortgagee in its sole discretion determines that its security under this Mortgage is impaired. The Mortgagee shall be entitled to all compensation, awards, and any other payments of relief therefore and is hereby authorized, at its option to commence, appear in and prosecute, in its own or the Mortgagor's name, any action or proceeding relating to any condemnation, and to settle or compromise any claim in connection therewith. All such compensation, awards, damages, claims, rights of action and proceeds and the rights thereto are hereby assigned by the Mortgagor to the Mortgagee, who after deducting therefrom all its expenses including attorneys' fees, may release any monies so received by it without affecting the lien of this Mortgage or may apply the same in such manner as the Mortgagee shall determine, to the reduction of the sums secured hereby, and any balance of such monies then remaining shall be paid to the Mortgagor. The Mortgagor agrees to execute such further assignments of any compensations, awards, damages, claims, rights of action and proceeds as the Mortgagee may require. Page 3 of 11 Page 312 of 1471 1.05 Expenses. Mortgagor shall pay, or reimburse Mortgagee for all costs, charges and expenses, including reasonable attorneys fees, including appellate proceedings, and disbursements, and costs of abstracts of title incurred or paid by Mortgagee in any action, proceeding or dispute in which Mortgagee is made a part or appears as a party plaintiff or party defendant because of the failure of the Mortgagor promptly and fully to perform and comply with all conditions and covenants of this Mortgage and the Note secured hereby, including but not limited to, the foreclosure of this Mortgage, condemnation of all or part of the Mortgaged Property, or any action to protect the security thereof. All costs, charges and expenses so incurred by Mortgagee shall become due and payable whether or not there be notice, demand, attempt to collect or suit pending. The amounts so paid or incurred by Mortgagee, together with interest thereon at the default rate as hereinafter defined from the date incurred until paid by Mortgagor, shall be secured by the lien of this Mortgage. 2.01 Event of Default. The term "Event of Default" wherever used in the Mortgage, shall mean any one or more of the following events: (a) Failure by Mortgagor to pay, within fifteen (15) days of its due date any deposits for taxes and assessments or insurance premiums due hereunder, or any other sums to be paid by Mortgagor hereunder or under any other instrument securing the Note. (b) Failure by Mortgagor to duly keep, perform and observe any other covenant, condition or agreement in the Note, this Mortgage or any of the other Loan Documents for a period of ten (10) days after the Mortgagee gives written notice specifying the breach. If the default cannot be cured within such ten days, the commencement of such action to cure the default and the diligent and continuing effort to cure same shall be acceptable. (c) If Mortgagor or any endorser or guarantor of this Note shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, wage earner's plan, assignment for the benefit of creditors, receivership, dissolution, or similar relief under any present or future Federal Bankruptcy Act or any other present or future applicable federal, state or other statute or law, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Mortgagor for all or any part of the properties of Mortgagor or of any guarantor or endorser of the Note; or if within thirty (30) days after commencement of any proceeding against Mortgagor or any guarantor or endorser of the Note, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution, debtor relief or similar relief under any present or future federal, state or other statute or law, such proceeding shall not have been dismissed or stayed on appeal; or if, within the thirty days after appointment without the consent or acquiescence of Mortgagor or of any endorser or guarantor of the Note, of any trustee, receiver, or liquidator of Mortgagor or any endorser or guarantor of the Note, or of all or any portion of the Mortgaged Property, such appointment shall not have been vacated or stayed on appeal or otherwise; or if within ten (10) days after the expiration of any such stay, such appointment shall not have been vacated. Page 4 of 11 Page 313 of 1471 (d) The entry by any court of last resort of a decision that an undertaking by the Mortgagor as herein provided to pay taxes, assessments, levies, liabilities, obligations or encumbrances is legally inoperative or cannot be enforced, or in the event of the passage of any law changing in any way or respect the laws now in force for the taxation of mortgages or debts secured thereby for any purpose or the manner of collection of any such taxes, so as to effect adversely this Mortgage or the debt secured hereby unless the Mortgagor can and does in a proper and legal manner, pay any and all sums of whatever kind which may be incurred or charged under such new or modified law. (e) If foreclosure proceedings should be instituted on any mortgage inferior or superior to the Mortgage, or if any foreclosure proceeding is instituted on any lien of any kind which is not dismissed or transferred to bond within thirty (30) days of the service of foreclosure proceedings on the Mortgagor. (f) Any default under any mortgage superior or inferior to the Mortgage. (g) Any modification of any mortgage superior or inferior to the Mortgage, increase in the amount outstanding under any superior or inferior mortgage, whether pursuant to a future advance agreement or otherwise, or waiver of any principal or interest payments on any note or mortgage superior or inferior to this Mortgage, or release of any guarantor or modification of any guaranty affecting any superior or inferior mortgage. (h) Any breach of any warranty or material untruth of any representation of Mortgagor contained in the Note, this Mortgage or any of the other Loan Documents. (i) Any action prohibited by paragraph 3.01 infra. 0) If the mortgaged property is sold, transferred or refinanced prior to the expiration of the first mortgage or any prior mortgage the entire amount of the loan shall be returned forthwith to Mortgagor, the City of Boynton Beach SHIP Program. (k) Upon the homeowner(s) death, provided that the new owner is not income eligible under SHIP Guidelines and/or the dwelling on the mortgaged property is not the primary residence of the new owner. For the new owner to be eligible, he or she must set up primary residence in the dwelling within a reasonable time and be income eligible under SHIP guidelines. If the new owner is not eligible, the loan shall be due and payable to the Mortgagor. (1) Lease of any portion of the mortgaged property to a third party. 2.02 Acceleration of Maturity. If an Event of Default shall have occurred and be continuing, the Mortgagee may, at its sole option, declare the entire principal amount of the Note then unpaid, and the interest accrued thereon to be due and payable immediately, and upon such declaration such principal and interest shall forthwith become and be due and payable, as fully and to the same effect as if the date of such declaration were the date originally specified for the maturity of the unpaid balance of the Note. Page 5 of 11 Page 314 of 1471 2.03 Mortgagee's• of • of performanceoccurred and be continuing the Mortgagee may proceed by suit at law or in equity or by any other appropriate proceeding or remedy (a) to enforce payment of the Note or the of any term hereofor any other right# to foreclose this Mortgage and to sell,an entirety • Mortgageein separate lots or parcels, the Mortgaged Property, under the judgment or decree of a court or courts of competent jurisdiction, and (c) to pursue any other remedy available to it, all as the shall deem mosteffectual • purposes.• gage- shall take action either by proceedings or by of powers with respector • possession, as the Mortgagee may determine. 2.04 Leases. The Mortgagee, at the Mortgagee'soption,authorized t foreclose this Mortgage subject to the rights of any tenants of the Mortgaged Property, and the, failure to make any such tenants parties defendant to any such foreclosure proceedings and to foreclose their rights will not be, nor be asserted to by the Mortgagor, a defense to any proceedings instituted by the Mortgagor to collect the sums secured thereby, or any deficiency remaining unpaid after the foreclosure sale of the Mortgaged Property. 2.05 Principal and Interest Become Due on Foreclosure. Upon commencement suit or foreclosure of this Mortgage, the unpaid principal of the Note, if not previously declar due, and the interest accrued thereon, shall at once become and be immediately due a payable. 2.06 Waiver of Appraisement, Valuation, Stay, Extension and Redemption Laws. The Mortgagor agrees to the full extent permitted by law, that in case of default on its part hereunder, neither the Mortgagor nor anyone claiming through or under it shall or will set up, claim or seek to take advantage of any appraisement, valuation, stay, extension, or redemption laws now or hereafter in force, in order to prevent or hinder the enforcement or foreclosure of this Mortgage, or the absolute sale of the Property being conveyed, to the final and absolute putting into possession thereof, immediately after such sale; the purchasers thereof, and the Mortgagor, for itself and all who may at any time claim through or under it, hereby waive to the full extent that it may lawfully do so, the benefit of all such laws, and any and all right to have the assets comprised in the security intended to be created hereby marshaled upon any foreclosure of the lien hereof and agrees that the Mortgagee or any court having jurisdiction to foreclose such lien may sell the Mortgaged Property 2.07 Acceleration; Application of Monies by Mortgagee. (a) If default shall be made in the payment of any amount due under the Mortgage or • - secured hereby,•• demand of the Mortgagee, the Mortgagor pay to the Mortgagee the entire amount• - and payable under the Note. If Mortgagor • • - - • • !- • - • gage^ be entitled • • .• includerecover a judgment for the whole amount so due and unpaid together with costs, which shall the reasonable compensation,expenses and disbursements of • gage- agents and attorneys either before, after or during the pendency of any proceedings for the enforcement of the Mortgage including appellate proceedings. right of Mortgagee to recover such judgment shall not be affected by any taking, possession, or foreclosure . le hereunder, or by the exercise of any other right, power or remedy for the enforcement of the terms of • •.g- or • - • of - lien hereof, Page 6 of 11 Page 315 of 1471 case •.. r; foreclosure of any of • •.rage# Property and of the application of proceeds • - to the payment of debt hereby secured, the Mortgagee shall be entitled to enforce payment of and to receive all amounts then remaining due and unpaid upon the Note, and the Mortgagee shall be entitled to recover a judgment for any portion of debt remaining unpaid, (c) The Mortgagor agrees to the full extent that it may lawfully so agree, that no recovery of any such judgment by the Mortgagee and no attachment or levy of any execution upon any such judgment upon any of the Mortgaged Property or upon any other property shall in any manner or to any extent release the lien of the mortgage upon the Mortgaged Property or any part thereto for any liens, rights, powers or remedies of the Mortgagee hereunder, but such lien, rights, powers and remedies shall continue unimpaired as before. (d) Any monies thus collected by the Mortgagee or received by the Mortgagee under this paragraph 2.07 shall be applied as follows: to the•. of -. • able attorneys feesand eincurred•, Mortgagee, its agents and attorneys, including but not limited to taxes paid, insurance paid receivers fees, etc. Second toward payment of the amounts due and unpaid upon the Note." 2.08 Delay or Omission No Waiver. No delay or Omission of • a e or of any holder of the Note to exercise any right, power, or remedy accruing upon any default shall exhaust or impair any such right, power or remedy nor shall same be construed to be a waiver of any such default, or acquiescence, herein; and every right, power and remedy given by this Mortgage to the Mortgagee may be exercised by • gage- from time to time . • as often ,, may be deemed expedient by the Mortgagee. 2.09 No Waiver of One Default to Affect Another. No waiver of any default hereunder shall extend to or shall affect any subsequent or any other existing default or shall impair any rights, powers or remedies consequent thereon. If the Mortgagee (a) grants forbearance or an extension of time for the payment of any sums secured hereby, (b) takes other or additional security for the payment thereof; (c) waives or does not exercise any right granted herein or in the Note, (d) releases any part of the Mortgaged Property from the Note or Mortgage; (e) consents to the filing of any map, plat or replat thereof, (f) consents to the granting of any easement thereon, or (g) makes or consents to any agreement subordinating the lien hereof, any such act or omission shall not release, discharge, modify, change or affect the original liability under the Note or otherwise of the Mortgagor or any subsequent purchaser of the Mortgaged Property or any part thereof, or any maker, co-signer, endorser, surety or guarantor; nor shall any such act or omission preclude the Mortgagee from exercising any right, power or privilege herein granted or intended to be granted in the event of any other default then made or of any subsequent default nor, except as otherwise expressly provided in an instrument or instruments executed by the Mortgagee, shall the lien of this Mortgage be altered thereby. In the event of the sale or transfer by operation of law or otherwise of all or any part of the Mortgaged Property, the Mortgagee, without notice to any person or corporation, is hereby authorized and empowered to deal with any such vendee or transferee with reference to the Mortgaged Property or the indebtedness secured hereby, as fully and to the same extent as it might deal with the original parties hereto and without in any way releasing or discharging any of the liabilities or undertakings hereunder. Page 7 of 11 Page 316 of 1471 2.10 Discontinuance of Proceedings - Position of Parties Restored. In case the Mortgagee shall have proceeded to enforce any right or remedy under this Mortgage by foreclosure, entry or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely to the Mortgagee, then in every such case, the Mortgagor and the Mortgagee shall be restored to their former positions • rights hereunder,and all rights,powers • remedies of • •a•-- shall continue as if no such proceeding been taken. 2.11 Remedies Cumulative. No right, power or remedy• • upon or reserved by • •.••- by r •.•- is intended to be exclusive of other right, existingpower or remedy, but each and every such right, power and remedy shall be cumulative and current and shall be in addition to any other right, power and remedy given hereunder or nor or hereafter at law or equity or by secured2.12 Subrogation. The Mortgagee hereby is subrogated to the claims and liens of all parties whose claim or liens are discharged or paid with the proceeds of the indebtedness by • •.!e FAIhl, 41 3.01 No Transfer. It is understood and agreed by Mortgagor that as part of tl inducement to Mortgagee to make the. evidenced • •'= Mortgagee has consider .•, and relied upon the credit worthiness and reliability of Mortgagor. Mortgagor covenants a agrees not • assign,sell, encumberfurther any interestor part of - Mortgaged Property withoutthe prior consent of the Mortgagee, and any such sale, conveyance, transfer, lease, or encumbran made without Mortgagee's prior written consent shall constitute an event of default hereunde If the Mortgagor is not an individual, it is further understood and agreed that any assignme sale, conveyance, transfer, encumbrance or pledge of any ownership interest of the Mortgag, without the Mortgagee's prior written consent shall be deemed a transfer of the Mortgage$ Property and • • R • -• herein. 3.02 Uniform• • r' - parties agree that this Mortgage is a security agreement under the Uniform Commercial Code for the purpose of creating a lien on the Mortgaged Property. 3.03 Maximum Rate of -st. Nothing herein contained nor in the Note secured hereby or any instrument or transaction related thereto, shall be construed or so operate as to require the Mortgagor, Maker, or any person liable for the payment of the loan made pursuant to said Note, to pay interest in an amountor - greater than the maximum allowed by Should any interest or other charges in the nature of interest paid by the Mortgagor, Maker or any parties liable for the payment of the loan of interest in excess of the maximum rate of interest allowed by applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the principal, balance shall be paid by the holder hereof to the Mortgagor, Maker or any parties liable for the payment of the loan made pursuant to said Note, it being the intent of the parties hereto that under no circumstances shall the Mortgagor, Maker or any parties liable for the payment • loan hereunder,be required to pay interest in excess of the maximum rate 21lowed by law, Page 8 of 11 Page 317 of 1471 3.04 Default Rate. The Default Rate of interest shall be applicable subsequent to an Event of Default as defined in Paragraph 2.01 and where elsewhere provided for in this Mortgage. The Default Rate shall be the maximum interest rate per annum permissible under Florida Law, or Federal Law in the event Federal Law pre-empts; Florida law or is otherwise applicable 3.05 Attorneys Fees and Expenses. Wherever provision is made herein frorr, payment for reasonable attorneys fees or counsel fees or expenses incurred by the Mortgagee, said provision shall include, but not limited to, reasonable attorneys' or counsels fees or expenses incurred in any and all judicial, bankruptcy, reorganization, administrative, or other proceedings, including appellate proceedings, whether such proceedings arise before or after entry of a final judgment. (a) Mortgagor. Any notice, demand or instrument authorized by this Mortgage4t We served on or given to the Mortgagor may be served on or given to the Mortgagor at: 172 S.E. 30th Avenue Boynton Beach, FL 33435 or at such other address as may have been furnished in writing to the Mortgagee by the Mortgagor. (b) Mortgagee. Any notice demand or instrument authoriz- • •... to be served on or give to the Mortgagor may be served on or given to the Mortgagor 2t: or at such other address as may have been furnished in writing to the Mortgagor by the Mortgagee. 3.07 Headings. The headings of the articles, sections, paragraphs and subdivisions of this Mortgage are for convenience of reference only, and are not to be considered a part hereof, and shall not limit or otherwise affect any of the terms hereof. 3.08 Invalid Provisions to Affect No Others. In case any one or more of the covenants, agreements, terms or provisions contained in this Mortgage, the Note or any of the other Loan Documents, shall be invalid, illegal or unenforceable in any respect, the validity of the remaining covenants, agreements, terms or provisions contained herein and in the Note shall be in no way affected, prejudiced or disturbed thereby, Page 9 of 11 Page 318 of 1471 fes, caused4.01 Guarantors. As part of the inducement to the Mortgagee to make the loan evidenced by the obligation secured hereby, the Mortgagor has enter into continuing and unconditional guarantees of payment of any and all indebtedness and agreed by the Mortgagor-• - - • . • agreements by such other persons shall constitute for the purpose of its obligations hereunder, covenants on behalf of the Mortgagor, Page 10 of 11 Page 319 of 1471 IN WITNESS WHEREOF, Borrower and Lender have caused this Second Mortgage and Security Agreement to be executed in their names, all by authority duly given as of the day and year first above written. OEM = STATE OF FLORIDA )SS.. COUNTY OF PALM BEACH) MORTGAGOR Charles W. Powers, Jr. 'P-RN7ME :2 MORTGAGOR� PRINT NAME hereby certify that on this day, before me, a Notary Public duly authorized in the State tunty narrVd abo�e to take ackQowlqdgements, personally appeared --- ,knawn-to,me for has produced - Iq /A as identification] to be the person(s) described as MortgagA in and who executed the foregoing mortgage and acknowledged before me that said persons executed that mortgage. Witn h d and official seal in the County and State named above this day of February, 2011 Signed: NOTA Y UBLIC Print Name: C LVNota ,v Public State of Florida, C' S i Cornelius Ay Comni,ss,o�;n OD 751434 Expres 02/23!2012 Page 11 of 11 Page 320 of 1471 BOYNTON BEACH, Florida Date: July ( 2010 FOR VALUE RECEIVED the undersigned, Charles W. Powers, Jr.,a single man and Paula J Powers a single woman (hereinafter referred to as "Makers") promise to pay to the order of the CITY OF BOYNTON BEACH, a Florida municipal corporation, or its successors or assigns (collectively referred to as the "Holder"), at its offices located at 100 East Boynton Beach Boulevard, Boynton Beach, Florida 33435 or such other place as the Holder hereof may from time to time designate in writing, the principal sum of Fourteen Thousand Three Hundred Sixty and 85/100 Dollars ($14,360.85) to be paid in lawful money of the United States of America, which shall be legal tender in payment of all debts and dues, public and private, at the time of payment as follows: This is a deferred payment loan issued under the guidelines of the City of Boynton Beach SHIP Program in which the Makers shall payoff the loan at the time the Mortgaged Property is sold prior to the full term of the first mortgage. In the event that the Mortgaged Property is sold prior the full term of the first mortgage, Makers shall pay the full amount of subsidy granted by the City and share equity at the fair market value at the following rate: Years of Ownership Percentage Repaid to City 1-10 80% 11-30 0% If the Mortgaged Property is not sold prior to the full term of the first mortgage and remains the permanent residence of the Makers, then in that event this Note shall be forgiven and released. The Makers must permanently reside on the Mortgaged Property during the term of the Note and Mortgage. In the event the Makers fail to comply or default, the entire unpaid principal balance shall be fully due, owing, and payable from the Makers to the Holder. This Note is secure U-1 by a Niorigage Deed a/k/a Second Mortgage and Security Agreement (the "Mortgage") of even date herewith encumbering and conveying real estate and property (the "Mortgaged Property") therein described and duly recorded among the Public Records of Palm Beach County, Florida. The Makers shall pay any and all applicable federal, state and/or local taxes with regard to the obligations set forth herein and shall provide the Holder with annual paid fax receipts within thirty (30) days subsequent to annual payment of obligations. Failure to timely pay such taxes shall be an event of default as provided for hereinafter. It is hereby agreed that if in the event default be made in the performance or compliance with any of the covenants and conditions of any security agreement now or hereafter in effect securing payment of this Note; then, in any or all such events, the Page 321 of 1471 entire amount of principal of this Note with all interest then accrued, if any, shall, at the option of the Holder of this Note and without notice (the Makers expressly waives notice of such default), become and be due and collectable, time being of the essence of this Note. If this Note shall not be paid at maturity or according to the tenor thereof and strictly as above provided, it may be placed in the hands of an attorney at law for collection, and in that event, each party liable for the payment thereof, as Makers, endorser, guarantor, or otherwise, hereby agrees to pay the holder hereof in addition to the sums above stated, a reasonable sum as an attorneys fee, which shall include attorneys fees at the trial level and on appeal, together with all reasonable costs incurred. Makers shall be in default of this Note if during the term of this Note, they assign, sell, convey, transfer, lease, enter into any management agreement, further encumber, or vacate the premises. In the event of such default, the loan amount of the promissory note shall be immediately due and payable. This Note is pre -payable in whole or in part at any time without penalty. As to this Note and the Mortgage, and any other instruments securing the indebtedness, the Makers, endorsers and guarantors, if any, severally waive presentment, protest and demand, notice of protest, demand and dishonor and nonpayment of this Note, and expressly agree that the Maturity Date of this Note, or any payment hereunder, may be extended from time to time without in any way affecting the liability of the Makers, endorsers or guarantors. Nothing herein contained, nor in any instrument or transaction related hereto, shall be construed or so operate as to require the Makers, or any person liable for the payment of the loan made pursuant to this Note, to pay interest in an amount or at a rate greater than the highest rate permissible under applicable law. Should any interest or other charges paid by the Makers, or any parties liable for the payment of the loan made pursuant to this Note, result in the computation or earning of interest in excess of the highest rate permissible under applicable law, then any and all such excess shall be and the same is hereby waived by the holder hereof, and all such excess shall be automatically credited against and in reduction of the principal balance, and any portion of said excess which exceeds the principal balance shall be paid by the holder hereof to the Makers and any parties liable for the payment of the loan made pursuant to this Note, it being the intent of the parties hereto that under no circumstances shall the Makers, or anv parties liable for the payment of the loan herf-under, be. required. to pay interest in excess of the highest rate permissible under applicable law. This Note is to be construed according to the applicable laws of the State of Florida and the United States of America. MAKERS: SIGNATURE CHARLES W. POWERS, JR. SIGNATURE PA J. POWERS Page 322 of 1471 907 Pleasant Valley Avenue Suite 3 Mount Laurel, New JersVX 08054 , 1 -7 - A, CA : FAA Streamline Refinance/No Appraisal Borrower(s): Paula & Charles Powers Pro ress- 172 SE 30'h Avenue, Boynton, Beach, FL 33435 Lender's Name: Freedom Mortgage Corporation RM I 'a = MOR 0 1 0 0 •1 . . 1. •c. I . I I I [NMI I OR, ;.@. F, W. 1117STMAI 11111111160111 slim Dr =-- I I • F mm 11MMIN 301 Hdrper Drive Moorestown, NJ 08057 Phone: (800) 220-3333 ext. 9089 Fax (877) 283-3042; Emdil Address: Antoineldydi1@4yeedomporta e.00� Page 323 of 1471 6. H. CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-124 - Ratify the actions of the South Central Regional Wastewater Treatment and Disposal Board at their April 28 and August 25, 2016 meetings and give authorization to do the following: 1) Establish wastewater user rate (O&M rate of $1.00/1,000 Gal and R&R Reserves at $0.032/1,000 Gal) to Delray Beach and Boynton Beach for Fiscal Year 2016/2107; 2) Maintain the reclaim user rate for Hunters Run Country Club of Florida, Quail Ridge, Delray Dunes and Pine Tree for Fiscal Year 2016/2017; 3) Accept the 2016/2017 Proposed Capital Improvement Plan (CIP); 4) Authorization to establish reclaim user rate at $0.166/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for Fiscal Year 2016/2017; 5) Accept the 2016/2017 wastewater and reclaim O&M Budgets; 6) Authorization to approve eighth amendment to interlocal agreement. EXPLANATION OF REQUEST: On April 28, 2016, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly meeting. At that time, the Board took action on the items that are now before the City Commission for ratification. The City Commission ratification is the confirmation process for the action take by the S.C.R.W.T.D. Board. On August 25, 2016, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly meeting. At that time, the Board approved the eighth amendment to the interlocal agreement with the City of Boynton Beach, the item is now before the City Commission for ratification. The City Commission ratification is the confirmation process for the action take by the S.C.R.W.T.D. Board. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Budgeted Any costs related to the City of Boynton Beach will be included in the Utilities Department FY16/17 Operating and Capital Budget request. ALTERNATIVES: Do not ratify the actions of South Central Regional Wastewater Treatment and Disposal Board. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 324 of 1471 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Action Type D Resolution D Ratification D Ratification D Ratification D Ratification D Ratification D Amendment REVIEWERS: Department City Clerk Finance Legal City Manager Description Resolution ratifying the SCRWTDB Quarterly Board meeting actions Wastewater User Rate FY 2016/2017 Maintain The Rclaim User Rate for Hunters Run, Quail Ridge, Delray Dunes and Pine Tree FY 2016/2017 2016 2017 Proposed Capital Improvement Plan Establish Reclaim User Rate 2016/2017 Wastewater and REclaim 03 IA Budgets Eighth Amendment to I nterlocal Agreement Reviewer Action Date Pyle, Judith Approved 9/7/2016 - 11:10 AM Howard, Tim Approved 9/13/2016 - 8:14 AKA Swanson, Lynn Approved 9/14/2016 - 3:30 IIIA LaVerriere, Lori Approved 9/15/2016 - 4:50 FOIA Page 325 of 1471 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTIONS TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, AT THEIR APRIL 28 AND AUGUST 25, 2016 QUARTERLY MEETINGS, AS STATED HEREIN; AUTHORIZING AND DIRECTING THE CITY MANAGER AND INTERIM CITY CLERK TO SIGN SAID RATIFICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the actions taken by the Board at the Quarterly Meetings of April 28, 2016, and August 25, 2016, as set forth on the attached Exhibit "A", and authorizes the City Manager and Interim City Clerk to execute said Ratifications. 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 19 being true and correct and are hereby made a specific part of this Resolution upon adoption. 20 21 22 23 24 25 Section 2. The City Commission does hereby ratify the actions taken by the South Central Regional Wastewater Treatment & Disposal Board on April 28 and August 25. 2016, as set forth on the attached Exhibit "A, and authorizes the City Manager and Interim City Clerk to sign said Ratifications. Section 3. This Resolution shall take effect immediately upon passage. 1 C Trogram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\2BF92DB8-EE1F-4E15-8C2E-4AA25A9BEFDF\Boynton Beach. 4060.1. SCRWTDB_Quarterly_Meetings_April_And_August_2016_Ratification _-_Reso. Doc Page 326 of 1471 26 PASSED AND ADOPTED this day of , 2016. 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 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 Interim City Clerk (Corporate Seal) VOTE YES NO 2 C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\2BF92DB8-EE1F-4E15-8C2E-4AA25A9BEFDF\Boynton Beach. 4060. 1. SCRWTDB_Quarterly_Meetings_April_And_August_2016_Ratification_-_Reso. Doc Page 327 of 1471 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 28, 2016 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 28, 2016, by a vote of 7-0, gave AUTHORIZATION TO ESTABLISH WASTEWATER USER RATE (O&M AT $,1.000/1.000 GAL AND RSR RESERVES AT $0.032/1.000 GAL) TO DELRAY BEACH AND BOYNTON BEACH FOR FISCAL YEAR 2016/2017:. 1.032/1,000 GAL WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , by a vote. CITY OF BOYNTON BEACH By: Attest: Mayor/City Manager City Clerk Approved as to form: City Attomey Boynton Beach RatiRcation 04-26-2016 Page 328 of 1471 So. Central Regional Wistewater Treatment & Disp .1 Board WASTEWATER OPERATIONS REPAIR & REPLACEMENT RESERVES FUND USER RATE & PROJECTED COST TO CITY OF BOYNTON BEACH & CITY OF DELRAY BEACH F/Y 2016-2017 Total Revenue $8,072,176.69 $6,013,516.03 -0.7% O&M Budget Including deep Ihi 7c, on well s througoasts PROJECTED FLOW Billion Gal Rate Unit REVENUE MINIMUM 17,0 mgd 6.205 $1.017 11,000 gal $6,312,920 AVORAW 0111111111111111 $416 U 07;S4,311,11014 MAXIMUM 17.5 mgd 6.388 $0.988 11,000 gal $6,312.920 Reclaim Vftter O&M Budget inclu=g deep well Expenses $1,174,000 PROD. RETAIL FLOW Gal RATE Unit Retail Rev Retail Customer! No Reservt 0.260 $0.20 11,000 gal $52,000.00 Retail Customer/ Stora_ a 1.040 $0.28 /1,000981 $291 200.00 Total 1.300 $343,200.00 PROJ. WHOLESALE FLOW Gal RATE Wholesale Rev MINIMUM 17.0 mgd 4.905 $0.169 /1,000 gallons $830,800 AVQtAf E 17.2 mod EA1i "It" MAXIMUM 17.5 mgd 5.088 $0.163 '2016-2017 M j= 90orm MOAT 11,000 gallons $830,800 80% of use storage tank at 1 040 billion all 9 year $0 080 (surcharge -4 $ 83,200 ROTOR Rate Description Unit FY 2015-2016 FY 2016.2017 % Difference O&M Budget Revenue per 1,000 gal S 1 030 $1.000 -3.01/6 Reclaim Water Retail Rev per 1,000 gal $0.280 $0.280 0.0% Reclaim Water Retail Rev per 1,000 gal $0.200 $0,200 0.0% Reclaim Water Wholesale RE per 1,000 gal $0147 $0.166 11.2% R&R Reserves per 1,000 gal $0.032 $0032 0,0% CIP Funding 50150 Ownership Funding $1,000,000 000 $1,C00,000.00 billion wilyear Total Revenue $8,072,176.69 $6,013,516.03 -0.7% O&M Budget Including deep Ihi 7c, on well s througoasts PROJECTED FLOW Billion Gal Rate Unit REVENUE MINIMUM 17,0 mgd 6.205 $1.017 11,000 gal $6,312,920 AVORAW 0111111111111111 $416 U 07;S4,311,11014 MAXIMUM 17.5 mgd 6.388 $0.988 11,000 gal $6,312.920 Reclaim Vftter O&M Budget inclu=g deep well Expenses $1,174,000 PROD. RETAIL FLOW Gal RATE Unit Retail Rev Retail Customer! No Reservt 0.260 $0.20 11,000 gal $52,000.00 Retail Customer/ Stora_ a 1.040 $0.28 /1,000981 $291 200.00 Total 1.300 $343,200.00 PROJ. WHOLESALE FLOW Gal RATE Wholesale Rev MINIMUM 17.0 mgd 4.905 $0.169 /1,000 gallons $830,800 AVQtAf E 17.2 mod EA1i "It" MAXIMUM 17.5 mgd 5.088 $0.163 '2016-2017 M j= 90orm MOAT 11,000 gallons $830,800 80% of use storage tank at 1 040 billion all 9 year $0 080 (surcharge -4 $ 83,200 SCR courses) City of Boynton Beach 0200 billion gal/year $0.166 $ 33,136 City of Delray Beach: 0 750 billion gal/year $0166 $ 124,260 SCR Deep Weil 3.910 billion gallyear $0166 SCR Process � .4 mgd 0.146 billion 2aU tar $0,166 1.s 4t Total flaw! Revenue 6.315 billion wilyear $ 1174,000 / Revenue Check r— -- REPAIRS & REPLACEMENT RESERVES I CIP FUNDING I PROJECTED FLOW RATE REVENUE MINIMUM 17,0 mgd 6.2050 $0.032 $200,000 AVIERAft 17.3 Md 6.314 10.062 $MAN MAXIMUM 17.5 mgd 6.3875 $0.031 $200,000 Proposed Budget 2018-2017 Rw2 Yearl Monthb Annual Capital Reserves Revenue $1,200,000 Papa 1 of 1 Page 329 of 1471 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 28, 2016 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 26, 2016, by a vote of 7-0, gave AUTHORIZATION TO MAINTAIN THE RECLAIM USER RATE FOR HUNTERS RUN, COUNTRY CLUB OF FLORIDA, QUAIL RIDGE, DELRAY DUNES AND PINE TREE FOR FISCAL YEAR 201612017 WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Delray Beach hereby ratifies said Board action independently, The above action is hereby ratified in open session by the City of Boynton Beach this day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney Boynton Beach Ratification 04-28-2016 Page 330 of 1471 So. Central Regional Wastewater Treatment & Disp I Board WASTEWATER OPERATIONS REPAIR & REPLACEMENT RESERVES FUND USER RATE & PROJECTED COST TO CITY OF BOYNTON BEACH & CITY OF DELRAY BEACH FN 2016-2017 Total Revenue $8,072,175.89 $8,013,516.03 -0.7°% 1 040 billion gallyear $0,080 &M Budget including deep #njecdon ;;It F -m t srouugh c $6,312,92 PROJECTED FLOW ro ec e Rate Unit Rate Description Unit FY 2015-2016 FY 2016.2017 °% Difference O&M Budget Revenue per 1,000 gal $1.030 $1.000 -3.0% Reclaim Water Retail Rev per 1,000 gal $0.280 $0280 0.0% Reclaim Water Retail Rev per 1,000 gal $0.200 $0.200 0.0% Reclaim Water Wholesale RE per 1,000 gal $0147 $0,156 11.2% R&R Reserves per 1,000 gal $0.032 $0032 0.0% CIP Funding 50/50 Ownership Funding $1,000,000.000 $1,000,000.00 Retail Customer! Storage Total Revenue $8,072,175.89 $8,013,516.03 -0.7°% 80% of use storage tank at 1 040 billion gallyear $0,080 &M Budget including deep #njecdon ;;It F -m t srouugh c $6,312,92 PROJECTED FLOW Billion Gal Rate Unit REVENUE MINIMUM 17 0 mod 6.205 S1.017 /1.000 gal $6,312,920 AV90AM 04ftill U" 64Aw , ' P1,06,901, 1 MAXIMUM ITS mod 6.388 $0988 11.000 gal $6,312,920 billion gallyear RECLAIMr. " _ . ., r _, SCR Process t� .4 mgd R. ec m ter udgettnGu ng goo; well pan®as billion gal/year 1, 4, PROJ. RETAIL FLOW Gal RATE Unit Retail Rev Retail Customer/ No Reserve 0.260 $0.20 /1,000981 $52,000.00 Retail Customer! Storage 1 040 $0.28 / 1,000 gal $291.200,00 Total 1,300 $343,200.00 PROJ. WHOLESALE FLOW Gal RATE Wholesale Rev MINIMUM 17.0 mod 4.905 $0-169 11,000 gallons $830,800 kitCRASS 17.3 mqd 5.416 $6.1166 11AM own "30AGb MAXIMUM 17,5 mod 5,088 $0.163 11,000 gallons $830,800 80% of use storage tank at 1 040 billion gallyear $0,080 (surcharge -4 $ 63,200 SCR courses) City of Boynton Beach 0200 billion gal/year $0166 $ 33,136 City of Delray Beach: 0 750 billion gal/year $0.186 $ 124,260 SCR Deep Well 3.910 billion gallyear S0166 SCR Process t� .4 mgd 0.146 billion gal/year $0,166 of =ta Total Flow l Revenue 6,315 billion gallyear S 1174 000 /Revenue Check PROJECTED FLOW RATE REVENUE MINIMUM 17 0 mgd 6.2050 $0.032 $200,000 AVISRAW V -S tttgd OL3146 30.032 . MAXIMUM 17.5 mgd 6.3875 $0031 $200,000 Proposed Budgat 20162017 Rev 2 Years Monthi Annual Capital Reserves Revenue s1,2ao oda Page 1 0(i Page 331 of 1471 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 28, 2016 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 28, 2016, by a vote of 7-0, gave ACCEPTED THE 2016/2017 PROPOSED CAPITAL IMPROVEMENT PLAN (CIP). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney Boynton Beach Ratification 04-28-2016 Page 332 of 1471 m o So C o g a k o 0 F- cQi LA,0S S 0 oQ �O Ln N L(I N N N %-A :R} N l0 N R tf N l� E Y Ln e4, OO � � OG q O N O C 8 Q G OO Ln0� 0 W O cm "IS N� O O o a C N H M r-1 Y W cnCN ' p ' ' O O 0 O O O Ln d C' G Ln L N N Y LL QQ [,�•c�, Oo O y O i Ln O� Q � N M M O � � S 0 §� OO 6 O e MO N O }N 4 V M M W a � d a x W N E v a IY/1 T Q C (A M v d N N C R fl, C Z e e r n v E a° G�. y f0 to cL p, W +�� R E. a E ^ 9L O vii u R cmc Q - rO 'ucom3m 2 Q C 7 3 CC 060'a 06 K w d N CO- LL W N. CC C K> L aE .-1 .•� epi. N N pN SSS S S O O N O 3 O S O Z lD I� 04 a0 � I� t+ 14 1I 1• ri N a a a a o2S oiS o21 aii •p Ju U U u U- ix. CL §a C N Q Di 4) 0 i LL O 3 R R 3 4 d L h g s a 8 ® pp V N M ON m H Q! d � N E N W 00 � C c N ,Cca N Q 0 .0 E a m d � F�- v v v @ Q QE O G e z v° z a Nm .+ u u 3C 2 x R a 2 0 oe u v m °C D Page 333 of 1471 Q6) a 3 �E 3 U 61 in -t 00�ami ri cn m tp F c gS2508�� O$ '� vg o o dp o c o i 00 N or ^o C O O 0) .-1 1 ry t0 00 l t:. 00 1 rl. r COD COD0 0 C c C$ 0 0 S O S p p¢ c O O N � g � � g c 1 rl W7 IA vt O SS 0g8g��0 acv cd o $ o � n m ri ri cc 00 00 �Q d o Qy r'-1 Ln L M T T ~ " M 0 .r 050250$$ Ln 8 a oo0 0 Nm 00 O .. r! N O o 80 00 0S�o 00 �. N Ln V1 O N'. O N N N V L t r U c m m m an, d d d o m x m d CL +m vH 41 m 7 W R u ,a R V U V V CC CL Q 3 0. u c c Q3 cz a a cc C V U Page 334 of 1471 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 26, 2016 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 28, 2016, by a vote of 7-0, gave AUTHORIZATION TO ESTABLISH RECLAIM USER RATE AT $0.166/1,000 GAL TO CONSUMERS DELRAY BEACH, BOYNTON BEACH AND SOUTH CENTRAL REGIONAL FOR FISCAL YEAR 201612017. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney Boynton Beach Ratification 04-28-2096 Page 335 of 1471 South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS REPAIR & REPLACEMENT RESERVES FUND USER RATE & PROJECTED COST TO CITY OF BOYNTON BEACH & CITY OF DELRAY BEACH FN 2016-2017 Total Revenue $8,072,175.89 $8,013,516.03 -0.7% 2016-2017M-AmENANCE BUDGET AND RAM CALCULATION O&M Budget including deep injection well pass through costa $6,312,920 PROJECTED FLOW Billion Gal —'Projected Unit REVENUE MINIMUM 17.0 mgd 6.205 $1.017 / 1,000 gal $6,312,920 Rate Description Unit FY 2015-2016 FY 2016-2017 % Difference O&M Budget Revenue per 1,000 gal $1.030 $1.000 -3.0% Reclaim Water Retail Rev per 1,000 gal $0280 $0.280 0.0% Reclaim Water Retail Rev per 1,000 gal $0.200 $0.200 0.0% Reclaim Water Wholesale Re per 1,000 gal $0147 $0.166 11.2% R&R Reserves per 1,000 gal $0 032 $0.032 0.0% CIP Funding 50/50 Ownership Funding $1,000;000.000 $1,000,000.00 Total Total Revenue $8,072,175.89 $8,013,516.03 -0.7% 2016-2017M-AmENANCE BUDGET AND RAM CALCULATION O&M Budget including deep injection well pass through costa $6,312,920 PROJECTED FLOW Billion Gal Rate Unit REVENUE MINIMUM 17.0 mgd 6.205 $1.017 / 1,000 gal $6,312,920 AVERAGE'; 17.3 mgd 6315 $1:000 11,000 gal $6,312,920 MAXIMUM 17.5 mgd 6.388 $0.988 / 1,000 gal $6,312,920 83,200 RECLAIM OPERATIONS BUDGET AND RATE CALCULATION Reclaim Water O&M Budget including deep well Expenses $1,174,000 PROD. RETAIL FLOW Gal RATE Unit Retail Rev Retail Customer / No Reservt 0.260 $0.20 / 1,000 gal $52,000.00 Retail Customer / Storage 1.040 $0.28 11,000 gal $291,200.00 Total 1.300 $343,200.00 PROD. WHOLESALE FLOW Gal RATE Wholesale Rev MINIMUM 17.0 mgd 4.905 $0.169 /1,000 gallons $830,800 AVERAGE; 17.3 mgd 5-015 $0.166 11;000 gallons $830,800 MAXIMUM 17.5 mgd 5.088 $0.163 /1,000 gallons $830,800 1 Revenue Check PROJECTED FLOW RATE REVENUE MINIMUM 17.0 mgd 6.2050 $0.032 $200,000 AVERAGE 17.3 mgd 6.3145 $0.032 $200,000 MAXIMUM 17.5 mgd 6.3875 $0.031 $200,000 Proposed Budget 20162017 Rev 2 Yearly Monthly IM WII t30 " pr ,t1rt Annual Capital Reserves Revenue $1,200,000 Page 1 of 1 Page 336 of 1471 llvt Una RA t c i i uuu gat g�ommerns Kevenue Original Retail Customers 1 300 billion gal/year $0200 $ 260,F00- 80% of use storage tank at 1.040 billion gal/year $0.080 (surcharge -4 $ 83,200 SCR courses) City of Boynton Beach 0200 billion gal/year $0166 $ 33,136 City of Delray Beach: 0.750 billion gal/year $0.166 $ 124,260 SCR Deep Well 3.91.9 billion galtyear $0166 649_2 .- SCR Process @.4 mgd 0.146 billion gal/year $0.166 Pass through t 24,189 1 Revenue Check PROJECTED FLOW RATE REVENUE MINIMUM 17.0 mgd 6.2050 $0.032 $200,000 AVERAGE 17.3 mgd 6.3145 $0.032 $200,000 MAXIMUM 17.5 mgd 6.3875 $0.031 $200,000 Proposed Budget 20162017 Rev 2 Yearly Monthly IM WII t30 " pr ,t1rt Annual Capital Reserves Revenue $1,200,000 Page 1 of 1 Page 336 of 1471 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 28, 2016 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 28, 2016, by a vote of 7-0, gave ACCEPTED THE 2016/2017 PROPOSED CAPITAL IMPROVEMENT PLAN (CIP). WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney Boynton Beach Ratification 04-28-2016 Page 337 of 1471 m o So C o g a k o 0 F- cQi LA,0S S 0 oQ �O Ln N L(I N N N %-A :R} N l0 N R tf N l� E Y Ln e4, OO � � OG q O N O C 8 Q G OO Ln0� 0 W O cm "IS N� O O o a C N H M r-1 Y W cnCN ' p ' ' O O 0 O O O Ln d C' G Ln L N N Y LL QQ [,�•c�, Oo O y O i Ln O� Q � N M M O � � S 0 §� OO 6 O e MO N O }N 4 V M M W a � d a x W N E v a IY/1 T Q C (A M v d N N C R fl, C Z e e r n v E a° G�. y f0 to cL p, W +�� R E. a E ^ 9L O vii u R cmc Q - rO 'ucom3m 2 Q C 7 3 CC 060'a 06 K w d N CO- LL W N. CC C K> L aE .-1 .•� epi. N N pN SSS S S O O N O 3 O S O Z lD I� 04 a0 � I� t+ 14 1I 1• ri N a a a a o2S oiS o21 aii •p Ju U U u U- ix. CL §a C N Q Di 4) 0 i LL O 3 R R 3 4 d L h g s a 8 ® pp V N M ON m H Q! d � N E N W 00 � C c N ,Cca N Q 0 .0 E a m d � F�- v v v @ Q QE O G e z v° z a Nm .+ u u 3C 2 x R a 2 0 oe u v m °C D Page 338 of 1471 Q6) a 3 �E 3 U 61 in -t 00�ami ri cn m tp F c gS2508�� O$ '� vg o o dp o c o i 00 N or ^o C O O 0) .-1 1 ry t0 00 l t:. 00 1 rl. r COD COD0 0 C c C$ 0 0 S O S p p¢ c O O N � g � � g c 1 rl W7 IA vt O SS 0g8g��0 acv cd o $ o � n m ri ri cc 00 00 �Q d o Qy r'-1 Ln L M T T ~ " M 0 .r 050250$$ Ln 8 a oo0 0 Nm 00 O .. r! N O o 80 00 0S�o 00 �. N Ln V1 O N'. O N N N V L t r U c m m m an, d d d o m x m d CL +m vH 41 m 7 W R u ,a R V U V V CC CL Q 3 0. u c c Q3 cz a a cc C V U Page 339 of 1471 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on August 25, 2016, by a vote of 4-0, gave AUTHORIZATION TO APPROVE EIGHTH AMENDMENT TO INTERLOCAL AGREEMENT. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The above action is hereby ratified in open session by the City of Boynton Beach this day of , by a vote. CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney Boynton Beach Ratification 08-25-2016 Page 340 of 1471 Record & Return to: Bradley W. Biggs, PA 12161 Ken Adams Way, Ste.110-0-1 Wellington, FL 33414 EIGHTH AMENDMENT TO INTERLOCAL AGREEMENT THIS EIGHTH AMENDMENT TO INTERLOCAL (the "EIGHTH AMENDMENT") to the above -referenced Agreement, entered into this day of , 2016 and effective as provided herein below, by and between CITY OF BOYNTON BEACH, FLORIDA, a municipal corporation, hereafter referred to as "BOYNTON", and the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation hereinafter referred to as "DELRAY". WITNESSETH WHEREAS, BOYNTON and DELRAY pursuant to Section 163.01, Florida Statutes, have heretofore entered into that certain Interlocal Agreement dated the 26"' day of December, 1974 ("Interlocal Agreement"), establishing the South Central Regional Wastewater Treatment and Disposal Board 9the "BOARD"), as amended by, First Amendment dated May 27`t", 1981, by Second Amendment dated September 15, 1983, by Third Amendment dated October 19, 1995, by Fourth Amendment dated February 18, 2003, by Fifth Amendment dated September 7, 2004, by Sixth Amendment dated January 9, 2006, and by Seventh Amendment dated November 8, 2012, and WHEREAS, the BOARD desires to amend Section 10: Operation of Regional Facility. as was amended by the First Amendment, by adding alternative "E" as another method of operation for the facility; and WHEREAS, the BOARD desires to amend Section 3(A)4. to be internally consistent with the Seventh Amendment to the Interlocal regarding actions taken through BOARD votes; and WHEREAS, the Board desires to amend Subsection 3(C)6 concerning surplus money allocation WHEREAS, Sections 3(D), 5 and 6 of the Interlocal Agreement contain references to an "Executive Director and the Board desires to reclassify the "Executive Director" position to a "Plant Manager" in accordance with the new method of operation adopted herein as alternative "E" at Section 10 along with providing reference to financial policies which are required to be followed; 8thAmendment-SCRWTDB-Interlocal-FINAL Page 1 of 5 Page 341 of 1471 NOW THEREFORE, be it agreed and resolved as follows: That certain Interlocal Agreement entered into on the 26`k' day of December, 1974, by and between BOYNTON and DELRAY is hereby amended as follows: 1. Section 3 of the Interlocal at Subsection 3(A), as amended previously by the 7t' Amendment, shall be further amended at Subsection 3(A)4. to read as follows: 4. The concurring vote of a majority of the members present, inelttdiag shall be necessary to decide any question. An evenly divided vote (e.g. 2-2 or 3-3, etc. i shall be considered "No Action" and shall require another motion to be made for consideration by the membership present in order to take another action. 2. Section 3 of the Interlocal at Subsection 3(C) shall be further amended at Subsection 3(C)6. to read as follows: 6. Return any surplus money accumulated to the Cities or address deficits in operating funds if any, pursuant to policies adopted by the Board concerning such surplus or deficit situations. in 3. Section 3 of Interlocal at Subsection 3(D), as amended previously by the 2nd Amendment, shall be further amended to read as follows: "(D) "An independent... After initial approval by the Operating Committee, an annual report of the Board business shall be made available to the public by the L'--- ettt ve r,: Plant Manager in such form as will disclose pertinent facts concerning the activities and finances of the South Central Regional Wastewater Treatment and Disposal Board." 4. Section 5 of the Interlocal, as amended previously by the 2' Amendment, shall be further amended to read as follows: "Section 5: Authority to hire and discharge Rmee--fi_-e Direetor Plant Manager. The Board may hire and discharge aft Exeetttive Direete the Plant Manager by the concurring vote of the Board, as set forth in Section 3 above, provided, however, no such action to hire or discharge such E_-....__w__e r,:..eeta_ plant Manager shall be effective unless approved also by the Operating Committee referenced at Subsection 10E. 5te of both Gity 8thAmendment-SCRWTDB-Interlocal-FINAL Page 2 of 5 Page 342 of 1471 5. Section 6 of the Interlocal, as amended previously by the 2nd Amendment, shall be further amended at its first paragraph to read as follows: "Section 6: Duties and authority of Plant Manager. The Plant Manager shall be the administrative head of the Regional Facility. He This position shall be responsible be responsible to the Board for the proper administration of all affairs of the Board and of the Regional Facility, subject to oversight by the Operating, Committee referenced at Subsection 10E. aftd To that end, subject to the provisions of this Interlocal Agreement, the Plant Manager shall have the power and shall be required to:"... 6. Section 6 of the Interlocal, at Subsection 6C, shall be amended to read as follows: (C) financial report. Prepare and submit to the Board as of the end of the fiscal year a complete report on the finances and administrative activities of the Regional Facility for the preceding year. Such financial report shall be in conformance with financial policies as approved by the Board from time to time which may include, but not be limited to, the following: fund balance reserves, investment policies; account policies; excess fund calculation policy; or anyy other adoadopted financial policies deemed appropriate by the Board. 7. Section 10 of the Interlocal Agreement is hereby amended by adding the following Subsection "E" to read as follows: E. The Board may appoint an Operating Committee consisting of one staff member from each member City along with a Plant Manager .the "Operating Committee"). The City Manager of Boynton Beach and Delray Beach shall nominate a staff member for Board approval. The Operating Committee would agree to meet weekly or bi-weekly, at their discretion, to review and approve all financial and human resources decisions within Board Policies, review and provide input on operational and maintenance activities, and provide input on capital improvements at the regional facility. The daily operations and project management as set forth in Section 6. hereinabove would be the responsibility of the Plant Manager which responsibilities may include, but not be limited to, the following: dOy 121ant operations; capital project implementation; oversight of Board staff; recommendations on purchases and payments to Operating Committee; and responsibility for regulatory compliance. Additional responsibilities may be delineated by the Board as recommended by the Operating Committee for this position. 8MAmendment-SCRWTDB-Interlocal-FINAL Page 3 of 5 Page 343 of 1471 8. Annex I , Allocation of Operating Costs. of the Interlocal Agreement is hereby amended at paragraph 1. Proration of Operation Costs. as follows: Boynton and Delray have agreed to pay to the Board a proportional part of the Board's "operating costs" as used herein and in the Interlocal agreement to which this is attached which are defined pursuant to financial policies adopted by the Board. as the total east of 99 ope, The portion of operation costs paid by each City shall be as set forth in financial policies adopted by the BoardGity's flow beftfs to the to flews. Said costs shall be billed on a monthly basis and shall be payable by each City to the Board within a reasonable time period ten ( s after receipt of the invoice for same. 9. This Eighth Amendment shall become effective upon ratification by a majority vote of each City Council. 10. This Eighth Amendment shall be filed with the Office of the Clerk and Comptroller of Palm Beach County, Florida. 11. The Interlocal Agreement as heretofore amended shall remain in full force and effect, altered only to the extent of this Eighth Amendment. RESOLVED this day of Attest: 2016, by a vote. Chairman Jordana Jarjura Secretary Mitch Katz The undersigned Cities of Delray Beach and Boynton Beach do hereby ratify and agree to the action taken by South Central Regional Wastewater Treatment and Disposal Board to amend the Interlocal Agreement in accordance with foregoing Eighth Amendment to Interlocal Agreement. 8thAmendment-SCRWTDB-Interlocal-FINAL Page 4 of 5 Page 344 of 1471 ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: City Clerk Approved as to Form: City Attorney CITY OF BOYNTON BEACH, FLORIDA Mayor Steven Grant Date: 32016 CITY OF DELRAY BEACH, FLORIDA Mayor Cary Glickstein Date: 2016 8thAmendment-SCRWTDB-Interlocal-FINAL Page 5 of 5 Page 345 of 1471 M CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-125 - Authorize the City Manager to sign all documents associated with the application, acceptance and grant agreement for the VOCA grant subject to the approval of the City Attorney. EXPLANATION OF REQUEST: The Office of the Attorney General, Bureau of Advocacy and Grants Management has awarded a Victims of Crime Act (VOCA) grant for the 2016-2017 funding cycle in the amount of $58,619.21. Approval of this award will allow our agency to keep the current VOCA funded victim advocate on staff. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Victim advocates are professionals trained to support victims of crime. Advocates offer victims information, emotional support, and help finding resources and filling out paperwork. The advocates also contact organizations, such as criminal justice or social service agencies, to get help or information for victims. Our agency currently has one full time city funded and one VOCA funded victim advocate who are responsible to full fill the needs of the community. Without the additional advocate, staff would become bogged down with the daily operations of the office leaving little time for detailed follow up and proactive work. FISCAL IMPACT. Non -budgeted There is no fiscal impact. We are offering a percentage of the salary of the police sergeant in the Special Victims Unit for the required 20% cash/in-kind match. ALTERNATIVES: Do not accept grant. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Yes Grant Amount: $58,619.21 Page 346 of 1471 ATTACHMENTS: Type D Resolution D Addendum REVIEWERS: Department Police Legal Finance City Manager Description Resolution accepting VOCA Grant VOCAAward Reviewer Action Date Crawford, Suzanne Approved 9/13/2016 - 3:26 PPA Swanson, Lynn Approved 9/15/2016 - 10:57 AM Howard, Tim Approved 9/15/2016 - 10:56 AM LaVerriere, Lori Approved 9/15/2016 - 4:31 PPA Page 347 of 1471 1 RESOLUTION NO. R16- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND ACCEPTING THE 5 VICTIMS OF CRIME ACT (VOCA) GRANT IN THE 6 AMOUNT OF $58,619.21 FOR THE FISCAL YEAR 2016/17; 7 AUTHORIZING THE CITY MANAGER TO SIGN ALL 8 DOCUMENTS NECESSARY TO ACCEPT THE AWARD; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City of Boynton Beach Police Department applied for and has been 13 awarded a Victims of Crime Act (VOCA) grant from the Office of the Attorney General, 14 Bureau of Advocacy and Grants Management; and 15 WHEREAS, the grant is in the amount of $58,619.21; and 16 WHEREAS, the VOCA grant funds will allow our agency to keep the current VOCA 17 funded victim advocate on staff 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 24 Section 2. The City Commission of the City of Boynton Beach hereby accepts the 25 Victims of Crime Act (VOCA) Grant from the Office of the Attorney General, Bureau of 26 Advocacy and Grants Management in the amount of $58,619.21 for the fiscal year 2016/17 27 funding cycle 28 Section 3. The City Manager is authorized to sign all documents necessary to 29 accept the Grant award. 30 Section 4. This Resolution shall become effective immediately upon passage. C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\086F2993-61B1-4762-9D94-FF3A41414B54\Boynton Beach. 4080.1. Accept VOCA Grant (2016)_-_Reso.Doc Page 348 of 1471 31 32 PASSED AND ADOPTED this day of , 2016. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC Interim City Clerk (Corporate Seal) VOTE YES NO C:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\086F2993-61B1-4762-9D94-FF3A41414B54\Boynton Beach. 4080.1. Accept VOCA Grant (2016)_-_Reso.Doc Page 349 of 1471 FY 2016/2017 (GRANT PERIOD) AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF LEGAL AFFAIRS OFFICE OF THE ATTORNEY GENERAL City of Baynton Beach GRANT NO. VOCA-2016-City of Baynton Reach -00621 THIS AGREEMENT is entered into in the City of Tallahassee, Leon County, Florida by and between the State of Florida, Department of Legal Affairs, Office of the Attorney General (OAG), the pass-through agency for the Victims of Crime Act (VOCA), Catalog of Federal Domestic Assistance (CFDA) Number - 16.575, hereafter referred to as the OAG, an agency of the State of Florida, with headquarters located at PL -01, The Capitol, Tallahassee, Florida 32399-1050, and City of Boynton Beach hereafter referred to as the Provider. The parties hereto mutually agree as follows. ARTICLE 1. ENGAGEMENT OF THE PROVIDER The OAG hereby agrees to engage the Provider and the Provider hereby agrees to perform services as set forth herein. The Provider understands and agrees all services are to be performed solely by the Provider and may not be subcontracted or assigned without prior written consent of the OAG. The consent of the OAG does not vest any rights in the subcontractor or create any obligation on behalf of the OAG to the subcontractor. All subcontract agreements will contain a disclosure to this effect. The Provider agrees to provide the OAG with written notification of any change in its designated representative for this Agreement. This Agreement shall be performed in accordance with the Victims of Crime Act (VOCA), Victim Assistance Grant Final Program Guidelines, Federal Register, Vol. 62, No. 77, April 22, 1997, pp. 19607-19621 and the U.S. Department of,lustice (DOJ), Office of Justice Programs, DOJ Grants Financial Guide, (Financial Guide), incorporated herein by reference, and any other regulations or guidelines currently or subsequently required by the U.S.. Department of Justice and State or Federal laws. ARTICLE 2. SCOPE OF WORK For the Grant Period, the Provider will maintain a victim services program that will be available to provide direct services to victims ol'crime who are identified by the Provider and/or are presented to the Provider, as outlined in the approved Grant Application of the Provider for the Grant Period as approved by the OAG, incorporated herein by reference, unless otherwise approved by the OAG in writing. ARTICLE 3. TIME OF PERFORMANCE This Agreement shall become effective on October 1, 2016, or on the date when the Agreement has been signed by all parties, whichever- is later•, and shall continue through September 30, 2017. No costs incurred by the Provider prior to the effective date of said Agreement will be reimbursed and the Provider is solely responsible for any such expenses. Page 1 of 14 Page 350 of 1471 ARTICLE 4. GRANT FUNDS The Provider agrees not to commingle grant funds with ether personal or business accounts. The U.S. Department of Justice, DOJ Grants Financial wide does not require physical segregation of cash deposits or the establishment of any eligibility requirements for funds which are provided to a Provider. However, the Provider's accounting systems must ensure OAG grant funds are not: commingled with funds on either a program-by-prograrn or a project -by -project basis. Grant funds specifically budgeted and/or received for one project may not be used to support another. Where the Provider's existing accounting system cannot comply with this requirement, the Provider shall establish an additional accounting system to provide adequate grant fund accountability for each project. In accordance with the provisions of Section 287.0582, Florida Statutes (2015), if the terms of this Agreement and reimbursement contemplated by this Agreement extend beyond the current fiscal year, the OAG's performance and obligation to reimburse under this Agreement: are contingent upon an annual appropriation and spending authority by the Florida Legislature. In addition, the OAG's performance and obligation to reirnburse under this Agreement is contingent upon the GAG's Victims of Crime Act award, as funded through the U.S. Department of Justice, office for Victims of Crime formula grant program. ARTICLE 5, FINANCIAL CONSEQUENCES In accordance with Section 215.471, Florida. Statutes (2015), provisions specifying the financial consequences that apply if the Provider fails to perform the minimum level of service required by this Agreement are set forth in this paragraph. The Provider will be held responsible for maintaining a victim services program that will be available to provide direct services to victims of crime who are identified by the Provider and/or are presented to the Provider, and meeting the deliverables and the performance standards as outlined in the current year VOLA Grant Application and approved by the OAG, included within the OAG E -Grants Management System, and incorporated herein by reference in the approved application, unless otherwise modified as approved by the OAG in writing. If the Provider does not maintain a victim services program that will be available to provide direct services to victims of crime as outlined in the approved application without an approved justification, the OAG will impose a corrective action plan, reduction of the final payment for the grant period under this Agreement by 5% of the total award arnount listed in Article 32, and/or terminate this Agreement. ARTICLE; b. REGISTRATION REQUIREMENTS Prior- to execution of this Agreement, the Provider shall be registered electronically with the State of Florida at MyFloridaMarketPlace,corn. if the parties agree that exigent circumstances exist that would prevent such registration fi•om taking place prior to execution of this Agreement, then the Provider shall so register within twenty-one (21) days from execution. The online registration can be completed at: http://dins.mylorida.com/dins/purchasing/iny f7oridamarketp] ace The Provider- agrees to comply with the applicable requirements regarding registration with the System for Award Management (SAM) (or with a successor government -wide system officially designated by the Federal Office of Management and Budget and the DOJ's Office of Justice Programs), and to acquire and provide a. Data Universal Numbering System (DUNS) number. The Provider also agrees to applicable restrictions on subcontractors that do not acquire and provide a DUNS number. The details of Provider obligations are posted on the Office of Justice Programs' website at: http://www.ojp.gov/funding/sam.htm (A),vard condition: Registration with the System for Award Management and Universal Page 2of14 Page 351 of 1471 Identifier Requirements), and are incorporated by reference. This special condition does not apply to the Provider who is an individual and received the grant award as a natural person (i,e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name), ARTICLE 7. W-9 REQUIREMENT The State of Florida Department of Financial Services requires that vendors have a verified Substitute Form -9 on file in order to avoid delays in payments. Information on how to register and complete your Substitute Foran W-9 can be found at littpJlflvendor.myfloridaefo.com. The Vendor Management Section can also be reached at (850) 413-55 19, ARTICLE 8. AUTHORIZED EXPENDITURES Only expenditures which are detailed in the approved budget of the grant application, a. revised budget, or an amended budget approved by the OAG are eligible for reimbursement with grant funds. Any requested modification to the budget must be submitted by the Provider in writing to the OAC and will require prior approval by the OAG. Budget modification approval is at the sole discretion of the OAG. The Provider acknowledges and agrees any grant funds reimbursed under this Agreement must be used in accordance with the Victims of Crime Act, Victim Assistance Grant Final Program Guidelines, Federal Register, 'Vol. 62, No. 77, April 22, 1997, pp. 19607-19621, and the Financial Guide and any other regulations or• guidelines currently or subsequently required by the U.S. Department of Justice and State or Federal laws. Expenditures for the acquisition and maintenance of telephones and equipment shall be proportional to the percentage of VOLA grant funded staff who utilize the telephones and equipment, as contemplated by this Agreement. The Provider and the OAG agree grant funds cannot be used as a revenue generating source and crime victims cannot be charged either directly or indirectly for services reimbursed with grant funds. Third party payers such as insurance companies, Victim Compensation, Medicare or Medicaid may not be billed for services provided by grant funded personnel to clients. Grant funds must be used to provide services to all cringe victims, regardless of their financial resources or availability of insurance or third party reimbursernents. The OAG and the Provider further agree that travel expenses will be reimbursed with grant funds only in accordance with Section 112.061, Florida Statutes (2015). Expenditures of state financial assistance must be in compliance with all laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Florida Reference Guide for State Expenditures. Only allowable costs resulting from obligations incurred during the term of the Agreement are eligible for reimbursement, and any balances of unobligated cash that have been advanced or paid that are not authorized to be retained for direct program costs in a subsequent period must be refunded to the OAG. Any funds paid in excess of the amount to which the Provider is entitled under the terms of this Agreement must be refunded to the OAG. The Provider shall reimburse the OAG for all unauthorized expenditures and the Provider shall not use grant funds for any expenditures made by the Provider prior to the execution of this Agreement or after the termination date of the Agreement. If the Provider is a unit of local or state government, the Provider rnust follow the written purchasing procedures of that governmental agency or unit. If the Provider is a nonprofit organization, the Provider agrees to obtain a minirnum of three (3) written quotes for all single item grant -related purchases equal to or in excess of two thousand five hundred dollars ($2.560) unless it is documented that the vendor is a sole source supplier. The Provider will utilize the lowest quote for the purchase. The Provider- understands and agrees that it cannot use any federal funds (including grant funds),. either directly or Page 3 of 14 Page 352 of 1471 indirectly, in support of any contract or su'baward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior- written approval of the U.S. Department of Justice, Office of Justice Programs. The Provider must report suspected fraud, waste and abuse to the OAG's Office of the Inspector General at 850-414 -33 00. ARTICLE 9. PROGRAM INCOME The Provider shall provide services to crime victims, at no charge, through the VOLA grant funded project. Upon request, the Provider agrees to provide the OAG with financial records and internal documentation regarding the collection and disposition ofprogram income, including, but not limited to, Victim Compensation, insurance. Medicare, Medicaid, restitution and direct client fees. ARTICLE, 10. METHOD OF PAYMENT Payrnent for services performed under the Agreement shall be issued in accordance with the provisions of Section 215.422, Florida. Statutes (2015). All required performance reports must be completed by the Provider and received by the OAG in order to document the provision of the project deliverables. Processing of reimbursement of monthly invoice is contingent upon timely OAC receipt of performance reports, approval by the OAC of the level of service provided during the report period, and approval by the OAC, of all performance reports due. The Provider shall provide all performance reports on a quarterly and annual basis unless otherwise requested by the OAG, Each monthly invoice and all required supporting documentation must be submitted by the Provider to the OAG by the last day of the month immediately following the month for which reimbursement is requested. The Provider shall maintain appropriate documentation of all costs represented on the invoice. The OAG may require any and all appropriate documentation of expenditures prior to approval of the invoice, and may withhold reimbursement if services are not satisfactorily cornpleted or if the documentation is not satisfactory. The final invoice is due to the OAG no later than 45 days after the expiration or terinination of the Agreement. If complete and correct, documented invoices are not received within these time frames, all right to reimbursement may be forfeited, the OAG may not honor any subsequent requests for payment, and the OAG may terminate the Agreement. Any reimbursement due or any approval necessary under the terms of the Agreement shall be withheld until all evaluation, financial and program reports due from the Provider, and necessary adjustments thereto, have been approved by the OAG. The Provider is required to inform the OAG if they are being investigated by any governmental agency for financial, programmatic= or other issues. If it comes to the attention ofthe OAG that the Provider is being investigated, all pending requests for reimbursement may not be processed until the matter is resolved to the satisfaction of the OAG. The Provider agrees to maintain and timely submit such progress, fiscal, inventory, and other reports as the OAG may require pertaining to this grant. The Provider is required to match the grant award as required in the VOLA Federal Guidelines. Match contributions equal to 20% (cash or in-kind) of the total cost of each VOCA project (VOCA grant funds plus match contributions) must be Page 4 of 14 Page 353 of 1471 reported monthly to the OAG. All funds designated as match contributions are restricted in the same manner and to be expended for the same uses as the VOLA victim assistance grant funds and must be expended within the grant period. Unless otherwise approved by the OAG, match contributions must be reported on a monthly basis in an amount consistent with the amount of funding requested for reimbursement. ARTICLE H. . VENDOR OMBUDSMAN Pursuant to Section 215.4` 2(7), Florida Statutes (2015), the Florida Department of Financial Services has established a Vendor Ombudsman, whose duties and responsibilities are to act as an advocate for vendors who may have problems obtaining timely payments from state agencies. The Vendor Ombudsman may be reached at (850) 413-5516. ARTICLE 12. LIABILITY AND ACCOUNTABILITY The Provider, if a non-profit entity, agrees to provide continuous and adequate director, officer, and employee liability insurance coverage against any personal liability or accountability by reason of actions taken while acting within the scope of their authority during the existence of this Agreement and any renewal(s) and extension(s) thereof. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. ARTICLE 13. INDEPENDENT" CONTRACTOR The Provider agrees that it is an independent contractor and not an of#icer, employee, agent, servant, joint venture, or partner of the State of Florida, except where the Provider is a state Agency. Neither the Provider nor its agents, employees, subcontractors or assignees shall represent to others that the Provider has the authority to bind the OAG. This Agreement does not create any right to any state retirement, leave or other benefits applicable to State of Florida personnel as a result of the Provider performing its duties or obligations under this Agreement. The Provider agrees to take such actions as may be necessary to ensure that each subcontractor of the Provider will be deerned an independent: contractor and will not be considered or pennitted to be an officer, employee, agent, servant, joint venturer, or partner of the State of Florida. 'The OAG will not furnish support services (e.g., office space, office supplies, telephone service, and administrative support) to the Provider, or its subcontractor or assignee, unless specifically agreed to in writing by the OAG. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds and all necessary insurance for the Provider, the Provider's officers, employees, agents, subcontractors, or assignees shall be the sole responsibility of the Provider. ARTICLE 14. DOCUMENTATION AND RECORD RETENTION The Provider shall maintain books, records, and documents (including electronic storage rnedia) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of grant funds. "The Provider shall maintain a file for inspection by the OAG or its designee, Chief Financial Officer, Auditor General, or U.S. Department of Justice that contains written invoices for all fees, or other compensation for services and expenses, in detail sufficient for a proper pre -audit and post -audit. `This includes the nature of the services performed or expenses incurred, the identity of the person(s) who performed the services or incurred the expenses, the daily time and attendance records and Page 5 of 14 Page 354 of 1471 the amount of time expended in performing the services (including the day on which the services were performed), and if expenses were incurred, a detailed itemization of such expenses. All documentation, including audit working papers, shall be maintained at the office of the Provider for a period of five years from the termination date of the Agreement, or until any audit has been completed and any findings have been resolved, whichever is later. The Provider shall give authorized representatives of the OAG the right to access, receive and examine all records. books, papers, case files, documents, goods and services related to the grant funds. If the Provider fails to provide access to such materials, the OAG may terminate this Agreement. Sections 1 19.071, and 960.15, Florida Statutes (2015), provide that certain records received by the OAG are exempt from public record requests, and any otherwise confidential record or report shall retain that status and will not be subject to public disclosure. The Provider, by signing this Agreement specifically authorizes the OAG to receive and review any record reasonably related to the purpose of the grant as authorized in the original approved grant application and or the amendments thereto. Failure to provide documentation as requested by the OAG under the provisions of this Agreement shall result in either the termination of the agreement or suspension of further reimbursements to the Provider until all requested documentation has been received, reviewed, and the costs are approved for reimbursement by the OAG. The Provider shall allow public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, except for those records exemript from disclosure under one of the statutory provisions mentioned in the paragraph above, or are otherwise exempt from disclosure by operation of Section 1 19.071, Florida Statutes (2015) or Chapter 119, Florida Statutes. Failure by the Provider to allow the aforementioned public access constitutes grounds for unilateral cancellation by the OAG at any time, with no recourse available to the Provider. The Provider shall also keep and maintain all public records consistent with the State of Florida's record retention schedule. The Provider shall provide the OAG with a copy of all requested public records or allow the records to be inspected and copied within a reasonable time or as otherwise provided by law. The provider will ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of the Agreement if the Provider does not transfer the records to the OAG at that time. Upon completion of the Agreement, the Provider shall keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement or electronically transfer, at no cost, to the OAG all public records in possession of the Provider. I f the Provider transfers all public records to the OAG upon completion of the Agreement, the Provider shall destroy all duplicate public records that are exempt or confidential and exempt fironm public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, the Provider shall meet all applicable requirements for retaining public records. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, in a format compatible with the information technology systems of the OAG. I THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 850-414-3300, Pam,.bondi(q)myfloridalegal.corn, OFFICE OF THE ATTORNEY GENERAL, PL -01, THE CAPITOL, TALLAHASSEE, FL 32399-1050. ARTICI.E 15, VICTIM SERVICES PRACTITIONER DESIGNATION TRAINING The Provider agrees to have all VOLA grant funded staff mernbers complete training through the OAG"s Victim Page 6 of 14 Page 355 of 1471 Services Practitioner Designation Training. ARTICLE 16, PROPERTY The Provider agrees to be responsible for the proper care and custody of all property purchased with grant funds and agrees not to sell, transfer, encumber, or otherwise dispose of property acquired with grant funds without the written permission of the OAG. Ifthe Provider is no longer a grant funds recipient, all property acquired by grant funds shall be subject to the provisions of the U.S. Department of Justice. Office of Justice Programs, Office of the Comptroller Financial Guide, ARTICLE 17. AUDITS The Provider shall comply and cooperate immediately with any inspections, reviews, investigations, or audits deemed necessary by the Agency's Office of the Inspector General (:Section 20.055, Florida Statutes (2015), or as authorized by taw. The administration of funds disbursed by the CRAG to the Provider may be subject to audits and or monitoring by the OAG. as described in this section. This part is applicable if the Provider is a Non -Federal Entity, meaning a State, local government, Indian tribe, institution of higher learning, or nonprofit organization that carries out a Federal award as a recipient or subrecipient, as defined in Title 2 C.F.R. Part 200, Subpart A, In the event the Provider expends $750,000 or more during the non -Federal entity's fiscal year in Federal awards, it must have a single or prograrn-specific audit conducted for that year in accordance with the provisions of Title 2 C,F.R. Part 200, Subpart F. Article 32 to this Agreement indicates the amount of Federal funds disbursed through the OAG by this Agreement. In determining the Federal awards expended in its fiscal year, the Provider shall take into account all sources of Federal awards, including Federal resources received from the OAG. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by Title 2 C',F.R. Part 200, An audit of the Provider conducted by the Auditor General in accordance with Title 2 C.F.R. Part 200, Subpart F, will meet the requirernents of this part. 2. In connection with the audit requirements addressed in this part, the Provider shall fulfill the requirements relative to auditee responsibilities as provided in Title 2 C.F.R. Part 200, Subpart F. 3. If the Provider expends less than 5750,000 in Federal awards in its fiscalyear, an audit conducted in accordance with the provisions of Title 2 C.F.R. Part 200, Subpart F is not required. In the event the Provider expends less than $750,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Title 2 C.F.R. Part 200, Subpart F, the cost of the audit must be reimbursed from non -Federal funds (i.e., the cost of such an audit must be reimbursed from Provider resources obtained from other than Federal entities), as mandated in Title 2 C.F.R Part 2.00, Subpart E. ARTICI...E 18. AUDIT REPORT SUBMISSION Audits must be submitted no later than 150 days following termination or expiration of the Agreement. Page 7 of 14 Page 356 of 1471 Copies of audit reports for audits conducted in accordance with the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Final Rule, and required by this Agreement shall be submitted, when required by Section 200.512, the OMB Uniforrn Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Final Rule, by or on behalf of the Provider directly to the following: A. Office of the Attorney General. Bureau of Advocacy and Grants Management PL -01, The Capitol Tallahassee, Florida '12399-1050 2. Any reports, management letters, or other information required to be submitted to the OAG pursuant to this Agreement shall be submitted timely in accordance with Title 2 C.F.R. Part. 200, Subpart F. as applicable. �. Providers should indicate the date the financial reporting package was delivered in correspondence accompanying the: financial reporting package. ARTICLE: 19. MONITORING In addition to reviews of audits conducted in accordance with Title 2 C.F.R. Part 200, Subpart F, by entering into this Agreement, the Provider agrees to comply and cooperate with any monitoring procedures/processes and additional audits deerned appropriate by the OAG, including but not limited to on-site visits. The Provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the OAG, Chief Financial Officer, Auditor General or the U.S. Department of Justice. The Provider may not accept duplicate funding for any cost, position, service or deliverable funded by the OAG.. Duplicative funding is defined as more than 100% payment from all funding sources for any cost, position, service or deliverable. If there are multiple funding sources and a program is funded by the OAG, the OAG or its designee has the right to review all documents related to those funding sources to determine whether duplicative funding is an issue. If duplicate funding is found, the Agreement may be suspended, terminated or both while the extent of the overpayment is determined. Failure to comply with state law, or the Code of Federal Regulations, and the U.S. Department. of Justice Programs, Financial Guide, may also result in the suspension, termination or both of the Agreement while the extent of the overpayment is determined. Absent fraud, in the event that there has been an overpayment to a Provider for any reason, if the amount of the overpayment cannot be determined to a reasonable degree of certainty, as determined in the sole discretion of the OAG, both parties agree that the Provider shall reimburse to the GAC one half of the monies previously paid to the Provider for that line itern for the grant year in question. ARTICLE 20. RETURN OF FUNDS The Provider shall return to the OAG any overpayments made to the Provider for unearned 'income or disallowed items pursuant to the teens and conditions oft this Agreement. In the event the Provider or any outside accountant or auditor determines that an overpayment has been made, the Provider shall immediately return to the OAG such overpayment without prior notification from the OAG. In the event the OAG discovers that ail overpayment has been made, the contract manager, on behalf of tile OAG, will notify the Provider and the Provider shall forthwith return the funds to the OAG. Should the Provider fail to immediately reirnburse the OAG for any overpayment, the Provider will be charged interest at the rate in effect s..s^ t • a Page 357 of 1471 on the date of the overpayment, as determined by the State of Florida, Chief Financial Officer, pursuant to Chapter 55, Florida Statutes, on the amount of the overpayment or outstanding balance thereof. Interest will accrue from the date of the Provider's initial receipt of funds up to the date of reimbursement of said overpayment funds to the OAG. ARTICLE 21. PUBLIC ENTITY CRIME Pursuant to Section 287.133, Florida Statutes (2015), the following restrictions are placed on persons convicted of public entity crimes to transact business with the OAG: When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime, he/she may not submit: a bid, proposal or reply on a contract to provide any, goods or services to a public entity, may not submit a laid, proposal or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals or replies on leases of real property to a public entity, may not be awarded or perforin work as a contractor, supplier, subcontractor, or consultant under a contract with ariy public entity, and rrray not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida 'Statutes (2015), for CATEGORY TWO for a period of thirty-six (36) months frons the date of beim; placed on the convicted vendor list. ARTICLE 22. GRATUITIES The Provider agrees that it will not offer or give any gift or any form of compensation to any OAG employee. As part of the consideration for this Agreement, the parties intend that this provision will survive the Agreement for a period of two years. In addition to any other rernedies available to the OAG, any violation of this provision will result in referral of the Provider's name and description ol'the violation of this term to the Department of Management Services for the potential inclusion of the Provider's name ora the suspended vendors list for an appropriate period. The Provider will ensure that its subcontractors, if any, comply with these provisions.. ARTICLE 23, PATENTS, COPYRIGHTS, AND ROYALTIES The Provider agrees that if any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the discovery or invention shall be deemed transferred to and owned by the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable materials are produced, the Provider shall identify all such materials to the Agency. The Provider does hereby assign to the OAG and its assigns or successors, all rights accruing under or in connection with performance under this Agreement, including the United States Copyright, all other literary rights, all rights to sell, transfer or assign the copyright, and all rights to secure copyrights anywhere in the world. The Provider shall indemnify and hold the OAG and its employees harmless from any claim or liability whatsoever, including costs and expenses, arising out of any copyrighted, patented, or unpatented invention, process, or article manufactured or used by the Provider in the performance of this Agreement. `The Provider- shall indemnify and hold the OAG and its employees harmless from any claim against the OAG for infringement of patent, trademark, copyright or trade secrets. The OAG will provide prompt written notification of any such claim. During the pendency of any claim of infringement, the Provider may, at its option and expense, procure for the OAG, the right to continue use of, or to replace or modify the article to render it non -infringing. If the Provider uses any design, device, or materials covered by letters patent, or copyright„ it is mutually agreed and understood without exception the compensation paid pursuant to this Agreement includes all royalties or costs arising from the use of such design, device, or materials in any way involved in the work conternplated by this Page 5 of 14 Page 358 of 1471 Agreement,. Subcontracts must specify that all patent rights and copyrights are reserved to the State of Florida. ARTICLE 24. INDEMNIFICATION ANIS ASSUMPTION OF LIABLI`I•Y To the extent permissible tinder Florida law, the Provider shall be liable for and indemnify, defend, and hold the OAG and all of its officers, agents, and employees harmless from all claims, suits, judgments, or damages, including attorney's fees and costs, arising out of any act or omission or neglect by the Provider and its agents, employees and subcontractors during the performance or operation of this Agreement or any subsequent modifications or extensions thereof. The Provider's evaluation or inability to evaluate its liability shall not excuse the Provider's duty to defend and to indemnify the OAG within seven (7) days after notice by the OAG. After the highest appeal taken is exhausted, only an adjudication or judgment specifically finding the Provider not liable shall excuse performance of this provision. The Provider shall pay all costs and fees including attorney's fees related to these obligations and their enforcement by the OAG. The OAG's failure to notify the Provider of a claim shall not release the Provider from these duties. The Provider shall not be liable for any clairns, suits, judgments, or damages arising solely from the negligent acts of the OAG. This Agreement and the rights and obligations created by it are intended for the sole benefit of the OAG and the Provider. No third party to this Agreement, including; the victims served by the Provider, have any rights under this Agreement, no third party may rely upon this Agreement or, the rights and representations created by it for any purpose. The Provider agrees to assume all liability associated with providing services under the terms and conditions of this Agreement. This includes, but is not limited to, premises liability and any travel taken by any employee of Provider or any recipient of Provider's services. ARTICLE 25. TERMINATION OF AGREEMENT This Agreement may be terminated by the OACY for any reason upon five (5) days written notice via certified U,S. mail, hand delivery, or email to the Provider to the physical or email address provided by the Provider in the application, In the event this Agreement is terminated by the OAG, the Provider shall deliver documentation of ownership or title, if appropriate for all supplies, equipment and personal property purchased with grant funds to the OAG, within 30 days after termination of the Agreement. Any finished or unfinished documents, data, correspondence, reports and other, products prepared by or for the Provider under this Agreement shall be made available to and for the exclusive use of the OAG. Notwithstanding the above, the Provider shall not be relieved of liability to the OAG for darnages sustained by the OAG by virtue of any termination by the OAG or breach of this Agreement by the Provider. In the event this Agreement is terminated by the OAG, the Provider shall be reimbursed for satisfactorily performed and documented services provided prior to the effective date of termination. AR`T`ICLE, 26. AMENDMENTS Page 359 of 1471 Modification of any provision of this Agreement must be mutually agreed upon by all parties, and requires a written and fully executed arrnendirnent to this Agreement, except as provided for budget nnodifications submitted by the Provider in writing which have been previously approved by the OAG pursuant to the terms of Article 7, Authorized Expenditures. ARTICLE 27. NONDISCRIMINATION Recipients of federal financial assistance must comply with applicable federal civil rights laws, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § I0604(e)); The Juvenile ,Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); Section 504 of the Rehabilitation Act: of 1973 (29 U.S.C. §7 94), Title It of the Americans with Disabilities Act of 1990 (42 U.S.C.§ 12131-34); Title IX of the Education Amendments of 1972 (20 U.S.C. §,`§§1681, 1683, 1685-86); the Age Discrimination Act of 1475 (42 U.S.C. §§ 6101-07); and Exec. Order 13279 (67 Fed. Reg. 241). Pursuant to applicable federal laws and Chapter 760, Florida Statutes (2015), the Provider, agrees not to discriminate against any client or employee in the performance of this Agreement or against any applicant for employment because of age, race, religion, color. disability, national origin, marital status or sex. 'file Provider further assures that all contractors, subcontractors, sub -grantees, or others with whom it arranges to provide services or benefits to clients or employees in connection with any of its programs and activities are not discriminating against those clients or employees because of age, race, religion, color, disability, national origin, marital status or sex. The Provider must have policies and procedures in place for responding to complaints of discrimination that employees and beneficiaries file directly with the Provider. Information provided by the U.S. Department of Justice, Office of Justice Programs, to assist with policy and procedure development is available at http://ojp.gov/about/offices/ocr,htm. In the event a Federal or State court, or a Federal or State administrative agency„ makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, marital status or sex against the Provider, the Provider will forward a copy of the findings to the Office of Justice Programs, Office for Civil Rights (OCR), and the OAG. As clarified by Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with the Safe Streets Act and Title VI of the Civil Rights Act of 1964, the Provider must take reasonable steps to ensure that LEP persons have meaningful access to its prograrns and activities. Meaningful access may entail providing language assistance services, including oral and written translation, where necessary. The Provider is encouraged to consider the need for language services for LEP persons served or encountered both in developing its budgets and in conducting its programs and activities. Additional assistance and information regarding your LEP obligations can be found at http:/=/www.lep.gov. In accordance with federal civil rights laws, the Provider shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. All Providers must complete a review of the Office of Justice Programs, Office for Civil Rights training modules and confirm compliance with this requirement to the OAG through self reporting by December 31, 2016. The training modules are available at http://ojp.gow'aboutlocr/assistance.htm. — Page 360 of 1471 Pursuant to Section 287,134, Florida Statutes (2015), an entity or affiliate who has been placed on the Florida Department of Management Services'discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide goods or services to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact: business with any public entity. The OCR issued air advisory document for Federal grant recipients oil the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at littp://ojp.gov/about`/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or, conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs). ARTICLE 28. NONDISCRIMINATION IN PROGRAMS INVOLVING STUDENTS The Provider shall not use award funding to discriminate against students that are participating in (or benefiting; from) programs that are funded by those same federal funds. As an example provided by the Office for Victims of Crime, Office of Justice Programs, the Provider cannot use VOLA funding to treat a Catholic student differently than a non-Catholic student when both are applying for, or receiving benefits from, the VOLA program. This same protection also applies to the students' parents or legal guardians. ARTICLE 29. ACKNOWLEDGMENTS All publications, advertising or written descriptions of the sponsorship of the program shall state: "This protect was supported by VOLA -2016 -City of Boynton Beach -00621 awarded by the Office for Victims of Crime, Office of Justice Programs. Sponsored by City of Boynton Beach and the State of Florida." The Provider is required to display a civil rights staternent prominently on all publications, websites, posters and informational materials inentioning USDOJ programs in bold print and no smaller than the general teat of the document. The full civil rights statement must be used whenever possible. Single page documents that do not have space for the full civil rights statement may contain a condensed version in a print size no smaller than the text used throughout the document. If the civil rights statement is missing on a publication, the staternent must be included the next tirne the publication is revised or reprinted and printed copies of the statement must be attached to the current supply of the publication until the next revision is reprinted. Full Civil Rights Statement: In accordance with federal law and. U.S. Department of Justice policy, this organization is prohibited from discriminating on the basis of race, color, national origin, religion, sex, age, or disability. To file a complaint of discrimination, write the Florida Department of Legal Affairs, Federal .Discrimination Complaint Coordinator, PL -01 The Capitol,. Tallahassee, Florida, 32399-1050, or call 850-414-3300, or write Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, NW, Washington, DC 20531 or call 202-307-0690 (Voice) or 202-307-2027 ('FDD/TYY). Individuals who are hearing impaired or have speech disabilities may also contact OCR through the Federal Relay Service at 800-877-8339 (TTY)„ 877-877-8982 (Speech), or 800-845-6136 (Spanish),. Page 12 of 14 Page 361 of 1471 Condensed Civil Rights Statement: The City of Boynton Beach is an equal opportunity provider and employer. The Provider is required to display the OAG's "Civil Rights Fact Sheet" at locations open to the public, The "Civil Rights Fact Sheet" will be made available to the Provider via the OAG E -Grants Management System. ARTICLE 30. EMPLOYMENT The employment of unauthorized aliens by the Provider is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Provider knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. Any services performed by any such unauthorized aliens shall not be paid. The Provider shall utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of all persons hired during the Agreement term. ARTICLE 31. ADMINISTRATION OF AGREEMENT All approvals referenced in this Agreement must be obtained fi-om the parties' contract administrators or their designees. The OAG's contract administrator is the Bureau Chief, Christina F. Harris. All notices must be given to the parties' contract administrator, ARTICLE 32. CONTROLLING LAW ANIS VENUE This Agreement shall be governed by the laws of the State of Florida. Any and all litigation arising under the Agreement shall be instituted in the appropriate court of general jurisdiction in Leon County, Florida. ARTICLE 33. AMOUNT OF FUNS The OAG agrees to reimburse the Provider for contractual services and/or availability to provide services for the entire 'Time of Performance, as set forth in Article 3 of this Agreement, and completed in accordance with the terms and conditions of the .Agreement. 'The total sum of monies available for reimbursement to the Provider for services provided shall not exceed "Availability to Provide Services" is defined as maintaining sufficient capacity to assist victims during the Provider's core business hours throughout the Time of Performance, as set forth in Article 3 of this Agreement. Core business hours are assumed to be at least from 8:00 AM to 5:00 PM, Monday through Friday, unless otherwise approved as alternative core business hours by the OAG. Employee leave earned under- this grant period is reimbursable; however, the Provider must continue to maintain sufficient capacity to assist victims. ".`Contractual Services" are defined as those specified services established within the OAC; approved budget for which the Provider is to be paid upon completion at the set rate also established within the OAG approved budget, as authorized expenditures eligible for payment, or reimbursement pursuant to Article 7 of this Agreement. ARTICLE 34. AGREEMENT AS INCLUDING ENTIRE AGREEMENT This instrument and the approved 2016-2017 grant application in the E -grants Management System, embody the entire Agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein. Page 13 of 14 Page 362 of 1471 This Agreement supersedes all previous communications, representations or Agreements on this same subject, verbal or written, between the parties. There are no representations or statements that are relied upon by the Provider that are not expressly set forth herein. The Provider's signature below specifically acknowledges understanding of the fact that the privilege of obtaining a VOLA grant is not something this or any Provider is entitled to receive. This Agreement is for one-time funding only, covering one fiscal year. There is absolutely no expectation or guarantee, implied or otherwise, the Provider will receive VOC`.A funding in the future. The OAG strongly encourages the Provider to secure funding frons other sources if the Provider anticipates the program will continue beyond the current grant year. Each of the parties executing this Agreement have full authority to do so and have received all lawfully necessary approvals to enter into this Agreement, IN WITNESS WHEREOF, the OFFICE OF THE ATTORNEY GENERAL and City of Boynton Beach, have executed this agreement. Authorizing Official Print Name Date Authorizing Official Print Name Date 596000282 FEID9. of Provider SAMAS Code OAG Authorizing; Official Print Name Date Authorizing [official Print Name Late Page 363 of 1471 6.J. CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-126 - Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). Our agency was awarded $29,488 (2016 -DJ -BX -0603) on August 29, 2016. The funds have been allocated towards our Community Outreach Video Production Project, SmartWater Program and K9 Unit. EXPLANATION OF REQUEST: Approve the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). Our agency was awarded $29,488 (2016 -DJ -BX -0603) on August 29, 2016. The funds have been allocated towards our Community Outreach Video Production Project, SmartWater Program and K9 Unit. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Our agency has utilized this grant with great success over the past several years to enhance the performance of the Uniform & Support Services Division. A portion of the JAG funds are allocated towards our Community Outreach Video Production Projects which will focus on producing, in - house educational videos to educate the public in areas such as ""If You See Something, Say Something" and "Lock It or Lose It". Education is a key component to crime prevention. In addition, our agency would like to use a portion of the funds to purchase SmartWater Home Coding Instant Tracer kits which will be disbursed to the community as deemed needed by our Crime Prevention Unit. Lastly, we would like to utilize the funds to purchase harnesses for our K9's. The K9's are sized and the harnesses are made to fit the K9. The officers' work closely with their K9 partner, the harness offers both of them many benefits. The harness allows them to pick up the K9 by the handles on the harness to safely lift the dog over and in things when the need arises; they also provide a better hold for control of the dog in certain situations. The harnesses allow for unrestricted breathing during tracking, as the handlers attach the leads to a point on the back of the harness rather than around the K9's neck on a traditional collar. The harness also provides attachment points for the POLICE id patches to properly identify the K9. FISCAL IMPACT. Non -budgeted By accepting this award, the police department will receive $29,488 to improve our operations and better serve the community. ALTERNATIVES: Do not accept the grant award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A Page 364 of 1471 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type D Resolution D Contract REVIEWERS: Department Police Legal Finance City Manager Description Resolution accepting 2016 JAG Grant JAG Grant Award Reviewer Action Crawford, Suzanne Approved Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 9/13/2016 - 3:22 PPA 9/15/2016 - 10:31 AM 9/15/2016 - 10:35 AM 9/15/2016 - 4:32 PPA Page 365 of 1471 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE ACCEPTANCE OF THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM (JAG) IN THE AMOUNT OF $29,488; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach Police Department applied for and has been awarded a grant from the Edward Byrne Memorial Justice Assistance Grant Program; and WHEREAS, the grant is in the amount of $29,488; and WHEREAS, the grant funds have been allocated towards our Community Outreach Video Production Project, Smartwater Program and K9 Unit. 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 hereby approves the acceptance of the Edward Byrne Memorial Justice Assistance Grant Program in the amount of $29,488, a copy of the Grant documents are attached hereto as Exhibit "A." Section 3. This Resolution shall become effective immediately upon passage. C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\18006C5E-09CC-4659-8C64-0895BED42D74\Boynton Beach. 4077.1. Accept JAG Grant (2016)_-_Reso.doc Page 366 of 1471 25 PASSED AND ADOPTED this day of , 2016. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 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 Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\18006C5E-09CC-4659-8C64-0895BED42D74\Boynton Beach. 4077.1. Accept JAG Grant (2016)_-_Reso.doc Page 367 of 1471 U.S. department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs WathinAtc>,,. D,C'. 20331 August 29, 20161 The Honorable Steven Grant City of Baynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 Wear Mayor Grant: Oen behalf of Attorney General Loretta lynch, it is my pleasure to inform you that the Office of Justiec Programs has approved your application for funding under the FY 16 Edward Byrne ]Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $29,488 for City of Boynton Beach. Enclosed you will find the Grant Award and Spccial Conditions documents. 'This award is subject to all administrative and financial requirements, including the timely submission ofall financial and programmatic reports, resolutionof all interim audit findings, and the maintenance of a mininmin level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact Program Questions. Gerardo Velazquez, Program Manager at (202) 598-7412; and Financial Questions, the; Office of the Chief Financial Officer, Customer Service. Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo(cuusdoJ.gov. Congratulations, and we look forward to working with you. Sincerely, Denise O'Donnell Director Enclosures Page 368 of 1471 OFFICE FOR CIVIL RIGHTS Office of Justice Programs k= U.S. Department of Justice 810 7th Street, NW Washington, DC 20531 TeL (202) 3017-0690 TTY(202) 307-2027 E-mail: askOCRC�(,usdoj.gov Website: www.ojp,t)sdoj.gov/ocr August 29, 2016 The Honorable Stettin Grant City of Boynton Beach 100 E. Boynton Beach Blvd, Boynton Beach, FL 33425 Dear Mayor Grant: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (CSCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the O)JP. the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at thte CSCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the detivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at 17ttp:,/fojp.gov/ aboutlocrfvaw=afags.hun. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR. investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their sea,=ice population and that their employment practices meet equal opportunity standards. Page 369 of 1471 Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title. VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LFP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons„ 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LFP individuals, please see the website httpJ!www.lep.gov. Ensuring Equal 'Treatment for Faith -Based Organizations The DOJ regulation, Equal Treatment for Faith -Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAB) to treat faith -based organizations the same as any other applicant or recipient. The regulation prohibits SAAB from making awards or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance from the DOT to fund inherently (or explicitly) religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must hold them separately from the: program funded by the DOJ, and recipients cannot compel beneficiaries to participate in therri. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information Citi the regulation, please see the OCR's website at hitp://w�vw.ojp.usdoj.gov/about/ocr/equal_tbo.htrn. SAAB and faith -based organizations should also notethat the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C, § 10604(e), the Juvenile Justice and Delinquency Prevention. Act of 1974, as amended, 42 U.S_C. § 5672('b) and VAWA, Pub. L. No. 113-4, sec. 3(b)(4), 127 Stat. 54, 61-62 (to be codified at 42 U.S.(" 13925(b)(1.3)) contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) ori a case-by- case basis to pennit some fiaith-based organizations to receive DOJ funds while taking; into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR ifyou have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in ?Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance front. the U.S. Department of Justice on the U.S. Equal Employment Opportunity C'ommission's Fnforcernent Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII ofthe Civil Rights Act of 1964 (June 2013), available at http://wnvw.ojp.usdoj.gov//abotivocr/pdfs/UscofConviction_Advisory.pdf Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. fn light of the Advisory, recipients should consult local counsel in reviewing their employment practices. lfwarranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two r3bligations: (1) complying with the federal regulation pertaining to the development of an ESOP (see 28 C.F.R. In. 42, subpt. F) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). Page 370 of 1471 Meeting the ESOP Requirement If your organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian tribe, then it is exempt from the ESOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form, which is available online at ltttp: /www.ojp.usdoj.goviabout/ocrlpdf'sicert. pd f. If your organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has fifty or snore employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an E EOP Shote Fotrn), but it does not have to submit the report to the OCR for review. Instead, your organization has to maintain the Utilization Report on file and snake it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to the OCR, The Certification Form is available at littp:I/ww\v.ojp.tisdoj.gov/about/ocr/pdfs,leert.pdf'I If your organisation is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at litip://www.ojp.usdoj.gov/abouL/ocr/ceop.htin. In addition, your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http: /iwww.ojp. usdoj.govlabout/ocr/pdfs/cert.pdf. 'To comply with the EL -OP requirements, you may request technical assistance from an ESOP specialist at the OCR by telephone at (202) 307-O690, by TTY at (202) 307-2027, or by e-mail at EEOsubmissonCi usdoj,gov. "fleeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse Finding of discrimmation based on race color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAB must have standard assurances to notify subrecipients oftheir civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirement -s, and a progratn to train subrecipients on applicable civil rights laws. In addition, SAAB must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see http:!/www,ojp,uscloj,govlfundittglotlter_regttircments.lttnt. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Sincerely, ` At -A Michael L. Alston Director cc: Grant Manager Financial Analyst Page 371 of 1471 U.S. Department of Justice. � I Office of Justice Programs PACE I OF 12 a �t Bureau of Justice Assistance Grant � i � I I. RECIPIENT NAME AND ADDRESS (Including Ze) Code) 4. AWARD NUMBER: 20145 DJ -BX -0603 City of Boynton Beach 100 E. Boynton Beach Blvd, j PROJECT PERIOD: FROM I0F01f20I5 t0 Gyi3(P'2019 Bovntan Beach, FL 33425 BUDGFT PERIOD, FROM 10.0112015 TO 091302019 H fs AWARD DATE 08'2912016 7 ACTION ,...... ,,, — 2a.. GRANTEE IRS'VE.1vt3E:3R NC). 8, SUPPLEMENT NUlI3CiR', Initial 596000282 {}Q _.. .,.,., ....... 2b.GRAN TEE DUNS NO. 07 4713` 1 '9- PREVIOUS AWARD AMOUNT so 3. PROJECT TITLE m 1 10 AMOUNT OF THIS AWAICI3 S 29,488 1 7 11. TOTAL AWARD S29,488 ! ... , ____ _________ ... ........_. .........._ ... ......... 12. SPECIAL CONDITIONS I THE ABOVE GRANT PROJFCT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This prrjeo is supported tinder FY 16(13JA -.YAG) 42 USC 3750, ee sect _,.. .._...._ __ . ............... ._._.... ... ._.._....---------._,.._ ..._.. --------- 14. -_._. 14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Nunsbcr} 16 738 - Edward Bunce Metnorial Justice Assistance Grant Program .. .........-- ..._.—..._.._._ __.------------ . _. ________- ......... _........... ........_._.._._.—.. _ . ...1 45, METHOD OF PAYMENT CPRS '..., I AGENCY APPR ,VAL _. GRANTEE ACCEPTANCE ..... _.—. _._ ..__. ... _ ........_ -- - .. ..... . 16. TYPED NAME AND TITLE OF APPRC)vING OFFICIAL.18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL. Denise O'Donnell Steven Grant DirectorMayor I 17, SIGNATURE OF APPROVING OFFICIAL. 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE t I AGENCY USE O3`.LY. 20. ACCOUNTING CLASSIFICATION CORES 2L RDJUCiT0575 FISCAL FUND BUT}. DIS', YEAR CODE ACT. 01--C. REG, SUB, PDMS AMOUNT B DJ 80 00 00 29488 i OJP FORM 400022 (RE'V 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000,2 (REV. 4-88) Page 372 of 1471 U.S. Department ofJustice Office of' Justice Programs Bureau of Justice Assistance. .......... .__ PROJECT NUMBER 2016DJ_HXU(U3 AWARD CONTINUATION SHEET Grant AWARD DATE 08.'29,2016 SPECIAL CONDITIONS S 1. Applicability of Part 200 Uniform Requirements PAGE 2 OF 12 The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this 2016 award from the Office of Justice Programs (OJP). The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this 2016 award supplements funds previously awarded by OJP under the same award number (e.g.. funds awarded in 2014 or earlier years), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless ofthe award date, and regardless of whether derived from the initial award or a. supplemental award) that are obligated on or after tire acceptance date of this 2016 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the Office of Justice Programs (OJP) website at la.ttpalojp.gov/fundingfPaTt2OOUnil'ormRequirements.litm. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with. or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification, 2. Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide"), including any updated version that may be posted during the period of performance. 3. iCequired training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grain administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2015, will satisfy this condition. ]n the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "O)P financial management and grant administration training" by 124 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC'), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2015, will satisfy this condition. A list ofOJP trainin,gs that OJP will consider "OJP financial management and, grant administration training" for purposes of this condition is available at littp:,liww\�.ojp.gov/trainingjfiiits.htiii. All traimngs that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds ifthe recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on [his award_ OJP FORM 4000 ,2_ (REV. 4-98) Page 373 of 1471 U.S. Department of Justice Office of justice Programs AWARD aC4 4T I° Bureau of Justice Assistance � SHEET Grant _ ...._.___ PROJECT tvt:`Mt3ER 2016-DJ-BX-0603 AWARD DATE O 29,2016 4. Requirements related to "de minims" indirect cost rate SPECIAL G'L)NCJITIONS A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C'.h.R. 2001.414(f), and that elects to use the "de minimis" indirect cost rate, must advise 0.11' in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 2006 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 2,00 Uniform Requirements, 5. Requirement to report potentially duplicative funding: If the recipient currently has other active awards of federal fimdrs, or if the recipient receives any other award of federal funds during the period of perforniance for this award, the recipient promptly must determine whether I`smds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (QJP or OV W, as appropriate) in writing of the potential duplication, arid, if so requested by DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. b. Requirements related to System for Award Management and Unique Entity Identifiers The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at http://www,sam.gov. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "SUbgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity= identifier required for SAM registration. The details ofthe recipient's obligations related to SARA and to unique entity- identifiers are posted on the GJP web site at littp://ojp.govlfundmg7E.xplore/SAM.him (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that lie or she may own or operate in his or her name). T All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient (""subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- GJP considers it "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization afany subaward are posted on the €BJP w=eb site at http:Uojp.goviftmdingrExplort/SLibawardAuthorization.htm (Award condition: Award Condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 0 P F0R\1 Atit 0!2 t REV 4-88) Page 374 of 1471 U.S. Department of Justice Office of Justice Programs AWARD CONTIP Bureau of Justice Assistance SHEET Grant i i i PROJECT NUMBER 2016-DJ-aX-0603 AWARD DATE 08i29#2016 Sl'EC°IAL C: ()NDJTIO.M4 s. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed 5150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to Ilse a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a stibaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at httpalojp.gov/funding/ExplorelNoncontpetitivePr-ocuretmenchit (Award condition: Specific past -award approval required to use a noncompetitive approach in a procurement contract (if contract Would exceed $150,000)), and are incorporated by reference here. 9. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients (" SUbgrantees"), or individuals defined (for purposes ofthis condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at http:"/ojp.govlfundingfExploreJProhibitedConduct-Traftickingr.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. Compliance with applicable rules regarding approval, planning, and reporting ofconferences, meetings, training,,,, and other events The recipient, and any subrecipient ("subgrantee.") at any tier, must comply With all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal finds for expenses related to conferences (as that term is defined by DOI), including the provision of food andfor beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of"Postaward Requirements" in the "2015 DOJ Grants Financial Guide"), 11. Requirement for data on performance and effectiveness under the award The recipient roust collect and maintain data that measure the performance and effectiveness of activities under this award- The data must be provided to OJP in the manner (including within the tnneframes) specified by OIP in the program solicitation or other applicable written guidance, Data collection supports compliance with the Ciovernment Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws. 12, OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and subgrantees, available at http:/iojp.govlfrurding/oJptrainingguidiiiglrrinciple.s.littn. 02 FORM 40000 (REV4-88) Page 375 of 1471 U.S. Department of Justice Office ofJustice Programs Bureau of Justice Assistance PROJECT NUMBER 2016t3.t E3h-0603 AWARD CONTINUATION SHEET Grant AWARD DATE 08iN2016 SPECIAL CONDITIOA�S 13. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of'DOJ awards. 14. The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during; the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 15. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Pant 42. The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 2s C.F.R. Part 42., specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 16. Compliance with DOJ regulations pertaining to civil, rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgran(ee") at any tier, must comply with all applicable requirements of 28 C.F.R, Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries, Part 38 of 28 C.F.R., a. DOJ regulation, was amended effective May 4, 2016. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at littp://www.cefr.gov/egi- bin/ECFR?pager— browse), by browsing to Title 28-Jordirial Administration, Chapter 1, Part 38, under e -CFR "current" data. 17. Restrictions on "lobbying" Federal funds may not be used by the recipient, or any subrecipient ("SUbgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government. Should any question arise as to whether a particular use of Federal funds by a recipient (or subrecipient) would or might fall within the scope of this prohibition, the recipient is to contact 03P for guidance, and may not proceed without the express prior written approval of OJP. OJP FORM 4000t 2 (t EV, 4 -8th) Page 376 of 1471 C.J.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance .......... PROJECT NUMBER 2016 -DJ -BX -06£l3 AWARD CONTINUATION SHEET Grant AWARD DATE OK 29'2016 SPECIAL CO DITIONS I& Compliance with general appropriations -law restrictions on the use of federal funds (FY 2016) PAGE 6 OF 12 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2016, are set out at hitp:flojp.govlfundinglExplorelFY2016- AppropriationsLawRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (oar a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 19. Reporting Potential Fraud, Waste, and Abuse, and Similar Ivlisconduc't The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with Funds under this award -- ('I ) submitted a claire that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct, Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- ( I ) mail directed to: Office of the Inspector (general, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; (2) e-mail to: oig.hotline(r) usdoj.gov; and/or (3) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 569-4499 (phone) or (202) 616-9881. (fax). Additional information is available from the DOJ OIG website at http:,1Iwww.usdoj.govloig. OJP FORM 4000/2 (REV. 4-88) Page 377 of 1471 U.S. Department of Justice Office of Justice programs Bureau of Justice Assistance PROJECT NUMBER 2015 M-FiX-O603 AWARD CONTINUATION SHEET Grant AWARD DATE 08129/2016 SPECIAL CONDITIONS 20, restrictions and certifications regarding non -disclosure agreements and related matters PAGE 7 OF 12 No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, [nay require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance, with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award„ to contravene: requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires not, has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and Will restore (or permit resumption of) site]) obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make suba wards ("subgranis"), procurement contracts, or both -- a, it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgramt"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors front reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and K it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting, of waste, fraud, or abuse as described above, it will hurnediately stop any further obligations of"award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJF' FORM 4000,22 (REV. 4-88 Page 378 of 1471 U.S. Department of Justice Office of Justice Programs t. Bureau of Justice Assistance PROJECT NUMBER 2016 -D.1 -M-0603 AWARD CONTINUATION SHEEN' Grant AWARD DATE 08.'29/2016 SPECIAL C()ND177C)A'.5 21. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) PAGE. 8 OF 12 The recipient must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds. an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of laevo, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in (he predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OOP or OVW, as appropriate) for guidance. 22. Encouragement of policies to ban teat messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg_ 51225 (October 1, 2009), DOJ encourages recipients and suhrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace ;safety policies and conduct education, awareness.. and other outreach to decrease crashes caused by distracted drivers. 23. The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, andlor site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by 13JA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring- activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General fur audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 24. The recipient agrees to comply with applicable requirements to report first-tier subawards ofv25.000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipieants of award funds. Such data will be submitted to the FFATA Subaward Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the Office of Justice Programs web site at http://ojp.gov/funding/Explore,FFATA_htiii (Award condition: Reporting Subawards and ;executive Compensation), and are incorporated by reference here. This condition, and its reporting requirement, does not apply to grant awards Heade to an individual who received the award as a natural person (i.e., unrelated to any business or non -profs organization that he or she may own or operate in his or her name). 25. Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with, the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. OJP FORM 400'2 (REV. 4-8,S) Page 379 of 1471 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2016-W-M-0603 AWARD CONTINUATION SHEET Grant AWARD DATE 0&2%2016 SPECIAL CONDITIONS PAGE 9 OF 12 26. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing, Initiative (DOYs Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: http:/twww.it.ojpgov/gsp_grairtcondition, Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 27. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of'BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 28. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJPdetermine 28 C.F.R. Part 23 to be applicable, OJP enay, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 29- Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 .and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 30. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 32, The grantee agrees that within 120 days of award acceptance, each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (intentet-based) task force training. Additionally, all future task force members are required to complete this training once during the life of this award, or once every four years if multiple awards include this requirement. The training is provided free of charge online through BJA's Center for Task Force integrity and Leadership (www.ctfli.org). This training addresses task force effectiveness as well as other key issues includinry privacy and civil fiberties/rights, task force performance measurement, personnel selection, and task force oversightand accountability. When 13JA funding supports a task force, a task force per -sonnet roster should be compiled and maintained, along with course completion certificates, by the grant recipient. Additional information is available regarding this required training and access methods via BJA's web site and the C'entcr for Task Force integrity and Leadership (www.cifli.org). 33. The recipient agrees to participate in BJA-sponsored training events, technical assistance events, or conferences held by BJA or its designees. upon BJA's request. ON FORM 4000,_7 (REN'. 4-88) Page 380 of 1471 U.S. Department ofJus9ice Office of Justicce Programs 4, a= Bureau of Justice Assistance^^. PROJECT NUMBER 2016 -DJ -13X-060 AWARD CONTINUATION SHEET Grant AWARD DATE: OW19,2016 SPECIAL CONDITIONS VitGF 10 OF 12. 34. Approval of this award does not indicate approval of any consultant rate in excess oh 5fr50 per day. A detailed justification must be submutcd to and approved by the Office of Justice Programs (OJP) program office prior to obligation or expenditure of such funds. 35. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use ofthese grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any ofthe following activities will be funded by the grant, the grantee agrees to contact BBA_ The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met, The activities covered by this special condition are: a. New construction; b, Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed oil or eligible for listing on the National register of Historic Places, c. A renovation, lease, or any proposed use of building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of new program involving the use of'chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational„ or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine utethatnplretamitte laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http:lfwww.ojp.usdoj.gov/BJAiresource/iiepa.httnt, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities for any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA ofa national or program environmental assessment of that funded program or activ=ity. 36, The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest., may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the grant funds in the trust fund (including any interest earned) during the period of the grant and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to tare Office of Justice Programs at the time of closeout. 37. JAG fmrds may be used to purchase vests for all agency, but they may not be used as the 50`'io match for purposes of the Bulletproof Vest Partnership (BVP) program. OR FORM 400W2 (RFV4-88) Page 381 of 1471 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBrR 2016 -1)j -DX -0603 AWARD CONTINUATION SHEET Grant AWARD DATE 092�1/2016 SPEC1,1L CONDITIONS PAGE II OF 12 38. Ballistic -resistant and stab -resistant body armor purchased With JAG funds may be purchased at any threat level, make or model, froth any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute ofJustice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (hvtp://niJ,gov). In addition, ballistic -resistant and stab -resistant body artnor purchased must be American- made. The latest NIJ standard information can be found here: littp://www.ziij.gov/topics/technology`/bodv-ar-rnor/safety- initiative.litni. 39. The recipient agrees to submit a signed certification that all law enforcement agencies receiving vests Purchased with JAG funds have a written "mandatory wear" policy in effect. Fiscal agents and state agencies must keep signed certifications oil file for any subrccipients planning to utilize JAG funds for ballistic -resistant and stab -resistant body armor purchascs. This policy must be in place for at least all uniformed officers before any JAG funding can be used by the agency for body annor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 40. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the DOJ Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring ol-subawards under this award. 41, '['be recipient agrees that funds received under this award wifl not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 42. Award recipients must submit quarterly Federal Financial Reports (SF -425) and semi-annual performance reports through GMS (littlis://grants.ojp,tisdoj,gov), Consistent With the Department', responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation Must provide data that measure the results of their work. Therefore, quarterly performance metries reports must be submitted through BJA's Performance Measurement Too! (PIVIT) website (www.bjaperfori-tiaticetools,org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements wcbpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 43. Any law enforcement agency receiving direct or sub -awarded JAG funding must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de�escalation of conflict, and constructive engagement with the public. 44. BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to your My BJA account at htips:!/",vN,w.bja,gov/Login.aspx to access the Success Story Submission form. If you do not yet have a My BJA account, please register at https://www.Lija.&,ov/profile.aspx. Once you register, one of the available areas on your My BJA page will be "My Success Stories". Within this box, you Will see an option to add a Success Story, Once reviewed and approved by BJA, all success stories will appear on tile new BJA Success Story web page at httpsa/www.bja.gov/Success Story L i st.aspx, 45. Recipient understands and agrees that award funds may not be used for items that are listed on the Controlled Expenditure List at the time Of purchase or acquisition, including as the list may be amended from time to time, without explicit written prior approval from BJA. The Controlled Expenditure List, and instructions on how to request approval for purchase or acquisitions may be accessed here: https:i/w-A,w,bj,,i.go%,.Ifuii(ling`/J AGControl jedPu rchase List. pd f OOP FORNI 40M1 (REV 4-89) Page 382 of 1471 AWARD CONTINUATION SHEET Grant AWARD DATA: 08/N2016 PAGE 12 OF 12 SPE'CL4L CONDITIONS 46. The recipient understands that, pursuant to recommendation 2.1 of Executive Order 136118, law enforcement agencies that acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and 'Specific Controlled Equipment Standards. General Policing Standards includes policies on (a) Community Policing; (b) Constitutional Policing; and (c) Community Input and. Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Lyse; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice, Considerations. Upon CJJP`s request, the recipient agrees to provide a copy of the General Policing Standards and. Specific Controlled Equipment Standards. and any related policies and protocols. 47. Recipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended froth time to time, with award funds by air agency will trigger a requirement that the agency collect and retain (for at least 3 years) certain information about the use of 1) any federally -acquired Controlled Equipment in the agency's inventory, and 2) any other controlled equipment in the same category as the federally -acquired controlled equipment in the agency's inventory, regardless of source; and make that information available to 13JA upon request. Details about what information must be collected and retained may be accessed here: https://wwsw,wl)itel)otase.govfsites/default/filesidocs/le, equipinent_wg_finai_repon_,Final,pdf 48. Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. 49. Recipient understands and agrees that award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure list may be accessed here: https://www.bja-goerfunding/JACiControlledPurchaseList.p(if. 501 Recipient understands and agraes that, notwithstanding 2 CFR § 200.313, no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold, to a third party, except as described below: a. Agencies may transfer or :sell any controlled equipment, except riot hchrrets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LFA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of iters on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non -LEAs. with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prion` written approval from BJA. All lain enforcement -related and other sensitave of potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such disposal. OJP FORM 4010,2 (REV. 4-83) Page 383 of 1471 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance } 3, PROJECTNUMHER _... _._ . 2016 -DJ -Fix -0603 AWARD CONTINUATION SHEET Grant AWARD DATA: 08/N2016 PAGE 12 OF 12 SPE'CL4L CONDITIONS 46. The recipient understands that, pursuant to recommendation 2.1 of Executive Order 136118, law enforcement agencies that acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and 'Specific Controlled Equipment Standards. General Policing Standards includes policies on (a) Community Policing; (b) Constitutional Policing; and (c) Community Input and. Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Lyse; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice, Considerations. Upon CJJP`s request, the recipient agrees to provide a copy of the General Policing Standards and. Specific Controlled Equipment Standards. and any related policies and protocols. 47. Recipient understands and agrees that the purchase or acquisition of any item on the Controlled Expenditure List at the time of purchase or acquisition, including as the list may be amended froth time to time, with award funds by air agency will trigger a requirement that the agency collect and retain (for at least 3 years) certain information about the use of 1) any federally -acquired Controlled Equipment in the agency's inventory, and 2) any other controlled equipment in the same category as the federally -acquired controlled equipment in the agency's inventory, regardless of source; and make that information available to 13JA upon request. Details about what information must be collected and retained may be accessed here: https://wwsw,wl)itel)otase.govfsites/default/filesidocs/le, equipinent_wg_finai_repon_,Final,pdf 48. Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. 49. Recipient understands and agrees that award funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition, including as the list may be amended from time to time. The Prohibited Expenditure list may be accessed here: https://www.bja-goerfunding/JACiControlledPurchaseList.p(if. 501 Recipient understands and agraes that, notwithstanding 2 CFR § 200.313, no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold, to a third party, except as described below: a. Agencies may transfer or :sell any controlled equipment, except riot hchrrets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LFA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of iters on the Controlled Expenditure List. b. Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. c. Agencies may not transfer or sell any Controlled Equipment purchased under this award to non -LEAs. with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prion` written approval from BJA. All lain enforcement -related and other sensitave of potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such disposal. OJP FORM 4010,2 (REV. 4-83) Page 383 of 1471 U.S. Department of ,lust re Office of Justice Programs Bureau gf.Juslice Assistance W,,shingmn, D C 20531 Memorandum To. Official Grant File From. Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Boynton Beach The Edward Byre Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a, New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a l 00 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of at) Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja,gov/Funding/nepa.litml, Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. Page 384 of 1471 " US. Department of Justice GRANT MANAGER'S MEMORANDUM, PT. 1. Office afJuslice Program, PROJECT SUMMARY Bureau of Justice Assistance Grant i PROJECT NUMBER PAGE 1 OF 1 2016-DJ-BX-0603 ...... - — Thus project is supported under FY 16(BJ A - JAG) 42 USC 3750, ct seq. - _ ..... i I 1. STAFF CONTACT (Name. & telephone number) 2. PROJECT DIRECTOR (Namc, address B telepbonc number) Gerardo Vehazquez Jaclyn Smith (202) 598-7412 ( Officer 100 E. Boynton Beach Blvd Boynton F3cach, FL 33425-0310 (.561) 742-61€10 cut.619_4 i 3a. T1T[_Fi OF THE PROGRAM - 3b POMS CODE (SEE INSTRUCTIONS 12016 Edward I3yr?ic Memorial Justice Assistance Grant programprogramONI REVERSE) __. i 4. TITLE OF PROJECT ......._._.. _..... _.... _..... _...---._.... 2016 JAG Project 5. NAME & ADDRESS OF GRANTEE. 6 NAME & ADRESS OF SUBGRANTEE City of Boynton Beach? 100 E. Boynton Beach 13Iod_ Boynton Beach € I- 33423 i _... _._.—._ 7. PROGRAM PERIOD ---.... - _. ------ - 8- BUDGET PERIOD FROM: 10101'2015 TO: 09/,6,2019 FROM: 10,'01/2(115 TO: 09/30,2019 9. AMOUNT OF AWARD � 10.. DATE OF AWARD S 29,488 08129;2016 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13, THIRD YEARS BUDGET PERIOD 14.1HIRD YEAR'S BUDGET AMOUNT - _............. —... IS SUMMARY DCSCRIP'I ION OF PROJECT (See instruction on rcketse) - ......... -- -.... - -._... _ The Eduard Byrne Memorial Justice Assistance Grant Program (JAG} allows states and unat ol'iocal government, including tribes, to support a broad range of activities to presrcnt and control cringe based on their own state and local needs and conditions. Grant funds can be used for state and local inuiatit cs, reehinieal � assistance, training, personnel, equipment. supplies, contractual support, and information systems for criminal Justice, including for any one or more of the following program areas: 1) law enfonxmern programs, 2) prosecution and cotn"I prowatns: 3) prcvention and education programs; 4) corrections and co mtunny corrections programs, 5) drug, treatment and cnforcenrent progranns; 6) planning.. cvaluatian, and technology improvement programs: and 7) crime Violin and witness programs (other than compensation). -__... ....._..._ OJP FORM 4000/2 (REV, 4-88) ...._._._ _. Page 385 of 1471 The g1rantec wi I I use this 2016 JAG aAard to support law enforcement in itiatj%cs Specifically, funds will be used to support police r,verjjrnc; purchase tracer kits and 4 K-9 harnesscs. The pruject goal is to increase essential police services. N CA, -N CT Page 386 of 1471 6. K. CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. 16-127 - Approve the First Restated Interlocal Agreement between Palm Beach County and the City of Boynton Beach for the lease of two (2) T1 lines that connect the Boynton Beach Radio Tower Site to Palm Beach County Radio Master Site. EXPLANATION OF REQUEST: The City of Boynton Beach entered into an Interlocal Agreement dated February 5, 2001 pursuant to Resolution 82001-0200 as amended by the First Amendment pursuant to 82006-0554, the Second Amendment pursuant to 82011-0121 and the Third Amendment pursuant to Resolution 82015-1558. The purpose of this interlocal agreement is to amend and restate the Interlocal Agreement and set forth the County and the City's fiscal responsibility with respect to the City's use of the County's microwave system to transport signals to and from the City's 800 MHz trunked radio system to the County's Master Site. Originally the City's annual fiscal responsibility is $4,737. The City's new annual fiscal responsibility has decreased to $2,184.98. This is due to a reduction in the number of T1 lines utilized from six (6) to two (2). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The T1 lines allow for connectivity to County Wide Radio Master Site. FISCAL IMPACT. Non -budgeted The decreased cost of $2,184.98 will be deducted from the 12-50 revenue we currently receive from the County. The account associated with this is 691-5000-590-01.27 with a current balance of $60,521.64. ALTERNATIVES: NA STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 387 of 1471 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Interlocal Agreement REVIEWERS: Department Police Legal Finance City Manager Description Resolution approving the First Restated Interlocal Agreement with the County for the P25 Radio system First Restated I nterlocal Agreement Reviewer Action Crawford, Suzanne Approved Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 9/15/2016 - 12:16 IIIA 9/15/2016 - 3:43 IIIA 9/15/2016 - 3:52 IIIA 9/15/2016 - 4:49 IIIA Page 388 of 1471 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO SIGN A FIRST RESTATED INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PALM BEACH COUNTY ADDRESSING THE OPERATIONAL AND MAINTENANCE RESPONSIBILITIES OF THE MICROWAVE SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 3, 2015 the City Commission authorized the Mayor and City Clerk to enter into a Third Amendment to Interlocal Agreement with Palm Beach County outlining the City's use of the County's digital microwave system, which extended the expiration date of the Interlocal Agreement to February 4, 2021; and WHEREAS, the purpose of the First Restated Interlocal Agreement is to amend and restate the Interlocal Agreement and set forth the County and City's fiscal responsibilities with respect to the City's use of the County's microwave system to transport signals to and from the City's 800 MHz trunked radio system to the County's Master Site; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to enter into a First Restated Interlocal Agreement with Palm Beach County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2. The City Commission of the City of Boynton Beach, Florida C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B4A8638C-A46C-417C-8008-D52AAD7E035E\Boynton Beach. 4104.1. First Restated_ Interlocal_Agreement_with PBC for the P25_radio_system_-_Reso.doc Page 389 of 1471 31 hereby authorizes and directs the Mayor and City Clerk to sign a First Restated Interlocal 32 Agreement for the County and City's fiscal responsibilities with respect to the City's use 33 of the County's microwave system to transport signals to and from the City's 800 MHz 34 trunked radio system to the County's Master Site, a copy of which is attached hereto as 35 Exhibit "A". 36 Section 3. This Resolution shall become effective immediately upon passage. 37 PASSED AND ADOPTED this day of , 2016. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 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 Interim City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\B4A8638C-A46C-417C-8008-D52AAD7E035E\Boynton Beach. 4104.1. First Restated_Interlocal_Agreement_with PBC for the P25_radio_system_-_Reso.doc Page 390 of 1471 Prepared By and Retum to: Stefanie Beskovoyne Business and Conmannty Agreements Manager Facilities Development & Operations Palm Beach County Board of County Commissioners 2633 SW Vista Parkway West Palm Beach, FL 3 34 1 1-5604 FIRST RESTATED INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into by and between Palm Beach County ("County"), a political subdivision of the State of Florida and the City of Boynton Beach ("City"), a municipal corporation existing under the laws of the State of Florida. WITNESSETH WHEREAS, Section 163.01, Florida Statutes (2015), the Florida Interlocal Cooperation Act of 1969 permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic,economic, population, and other factors influencing the needs and development of local communities and permits public agencies to enter into Interlocal Agreements to jointly exercise any power, privilege, or authority which such agencies share in common and which each might exercise separately,, and WHEREAS, the County has committed to the purchase, design, installation and operation of a P25 Public Safety Radio System ('*PSRS") and digital microwave communication system to meet the needs of the Palin Beach County Sheriff's Office, Palm Beach County Fire Rescue, Palm Beach County Emergency Management Service, and various Palm Beach County general governmental agencies; and WHEREAS, the County and the City entered into a lease agreement between the County, the City and AT&T (R99-311 D) dated 2/23/99, ( 'Lease Agreement") for the County's use of a tower ("Tower Site S-11") located within the municipal limits of the City for the County's microwave and PERS equipment-, and WHEREAS, two (2) TI s will be used by the City; and WHEREAS, the Lease Agreement requires that the County and the City enter into a separate agreement addressing the operational and maintenance responsibilities of the microwave system; and Page I of 7 Page 391 of 1471 WHEREAS, the City intends to use the County's microwave systern to transport signals between the City and the Master Site; and WHEREAS, the City and County previously entered into an Interlocal Agreement dated February 5, 2001, recorded in the Official Records of Palm Beach County at OR 12327, Page 1812 pursuant to Resolution 82001-0200 as amended by the First Amendment pursuant to R200+5-0554, the Second Amendment pursuant to 82011-0121 and the Third Amendment pursuant to Resolution 82015-1558, NOW THEREFORE, in conjunction with the mutual covenants, promises and representations contained herein the parties hereto agree as follows. SECTION 1. Purpose The purpose of this Interlocal Agreement is to amend and restate the Interlocal Agreement and set forth the County and the City's .fiscal responsibilities with respect to the City's use of the County's microwave system to transport signals to and from the City's 800 MHz trunked radio system to the County's Master Site. This Agreement is to be read and interpreted in conjunction with the Lease Agreement and the Cooperative Agreement and any amendments. The Cooperative Agreement contains fiscal and other obligations of the County and the City with respect to the City's connection to and use of the County's microwave system and together with this Agreement result in the agreement contemplated under Section 10.01 of the Lease Agreement. SECTION 2. Responsibilities 2.01 MICROWAVE. The County will be responsible for the purchase, installation, ownership and physical maintenance and operation of the microwave equipment at the Tower Site 5-11. 2..02 The City agrees to pay its fair share of the operation and maintenance costs associated with the Microwave 'System between the Tower Site S -I 1 and the County's Master Site, on pro rata basis. The operations and maintenance costs to be included are. system administration costs (which include personnel costs), utilities, equipment, software, and component renewal and replacement costs, and microwave equipment maintenance costs (which maybe out -sourced or performed by the County). 2.03 The costs for the future fiscal year (October I — September 30) will be provided by the County to the City by the County Administrator or his or her designee, no later than March I" annually. The costs shall be calculated using the following methodology updating the total system maintenance and administration costs as well as the percentage of total costs attributable to the microwave systems to reflect actual. Page 2 of 7 Page 392 of 1471 2.01.2 The costs to use the County's microwave system shall be calculated using the following methodology updating the total system maintenance and administration casts as well as the percentage of total casts attributable to the microwave system to reflect actual costs. The County's estimated annual costs are Microwave System Maintenance costs are $143,000. The City uses three (3) of the fourteen (14) microwave sites. The City uses (2) T -1s to three (3) separate towers. $143,000 x 3114 x 2/2.8 = $2,184.98. The annual cost for the microwave use is $2,1.84.$8. 2.04 The City shall pay the County, in full, each fiscal year no later than February 1 sl` Payment shall be made to: Board of County Conunissioners Attn: Electronic Services and Security Division 2633 Vista Parkway West Palm Beach, FL 33411 2.05 The County shall have no obligation to provide a microwave system for the City's use, in the event that the County discontinues use of its microwave system or is not operating microwave equipment at the Tower Site S- I I . SECTION 3. Liability The parties to this Agreement and their respective officers and employees shall not be deemed to assume any liability for the acts, omissions and negligence of the other party. Further, nothing herein shall be construed as a waiver of sovereign immunity by either party, pursuant to Section 768.28, Florida Statutes. The County makes no representations about the capabilities or reliability of the County's microwave system or network equipment. The County's System is designed to assist qualified law enforcement, fire, and other emergency service professionals. It is not intended to be a substitute for the exercise of judgment or supervision of these professionals, Both parties acknowledge that the responsibility for providing law enforcement, fire, or other emergency services rests with the City, which is providing such service, and not with the other party to this Agreement.. SECTION 4. Term of Agreement The teen of this Agreement shall be a period of five (5) years from the date of execution ("Effective Date") and may be renewed for four (4), five (5) year periods upon written modification by both parties. Page 3 of 7 Page 393 of 1471 SECTION 5. Amendments to this Agreement This Agreement may be amended from time to time by written amendment by all Parties. SECTION 6. Termination This Agreement may be terminated by any party without cause upon one (1) year notice. The Agreement may be terminated for cause by either party upon sixty (60) days notice. This Agreement shall automatically terminate in the event that the County discontinues the operation of the microwave system at the City's Tower Site. In the event that the Cooperative's Interlocal Agreement is terminated, but the Lease Agreement remains in effect, the County and City will amend the Agreement within 60 days of the termination of the Cooperative's interlocal Agreement to include the remainder of both parties' obligations to the microwave systern. SECTION 7. Annual Budget Appropriations The County's and City's performance and obligation to pay pursuant to this Agreement are contingent upon annual appropriation for its purpose by the Board of County Commissioners and the City Council. SECTION 8. Notices Any notice given pursuant to the terms of this Agreement shall be in writing and done by Certified Mail, Return Receipt Requested. The effective date of such notice shall be the date of the receipt, as evidenced by the Return Receipt. All notices shall be addressed to the following: As to the County: Director, Facilities Development & Operations 2633 Vista. Parkway West Palm Beach, FL 33411 With a copy to: Radio System Administrator 2633 Vista Parkway West Palm Beach, FL 3341.1 County Attorney's Office. 301 North Olive Avenue West Palm Beach, FL 33402 Page 4 of 7 Page 394 of 1471 As to City: City Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Baynton Beach, FL 33435 With a copy to: Chief of Police City of Boynton. Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 SECTION 9. Applicable Law Enforcement Costs This Agreement shall be governed by the laws of the State of Florida. In any litigation brought by a party to this Agreement to enforce the terins of this Agreement, each party shall bear its own costs and attorney's fees incurred in connection therewith. SECTION 10. Filing A copy of this Agreement shall be filed by the County with the Clerk of the Circuit Court in and for Palm Beach County, SECTION 11. Delegation of Duty Nothing contained herein shall be deemed to authorize the delegation of the Constitutional or Statutory duties of any party. SECTION 12. Palm Beach. County Office of the Inspector General Audit Requirements Palm Beach County has established the Office of the Inspector General in Palm Beach County Code, Section 2-321 -- 2-440, as may be amended. The Inspector General is authorized with the power to review post, present and proposed County contracts, transactions, accounts and. records The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County Code, Section 2-421 — 2- 440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor, Page 5 of 7 Page 395 of 1471 SECTION 13, No Third Party Beneficiary No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Agreement, including but not limited to any citizen or employees of the County and/or City. SECTION 14. Non-discrimination Pursuant to Resolution R-2014-142 1, as amended, it is the policy of the Board of County Commissioners of Palm Beach County that Palm Beach County shall not conduct business with nor appropriate any funds to any organization that practices discrimination on the basis of race, chlor, national origin religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability or genetic information. The City has submitted to County a copy of its non-discrimination policy which is consistent with the above paragraph, as contained in Resolution R-2014-1421, as amended, or in the alternative, if the City does not have a written non-discrimination policy, or one that confornns to the County's policy, it has alfirn-ied through a signed statement provided to County. that. City will conform to the County's non-discrimination policy as provided in R-2014-1421, as amended. (Remainder of the page intentionally left blank) Page 6 of 7 Page 396 of 1471 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above, ATTEST - SHARON R. BOCK PALM BEACH COUNTY, a political CLERK & COMPTROLLER subdivision of the State of Florida Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: County Attorney ATTEST: By: Deputy Clerk Print Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: M City Attorney U-11 Mary L. Berger, Mayor APPROVED AS TO TERMS AN1t CONDITIONS: LM Audrey Wolf, Director Facilities Development & Operations CITY OF BOYNTON BEACH, by its City Commissioners M Page 7 of 7 Stephen Grant, Mayor Page 397 of 1471 6.L. CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve Change Order #4 to Purchase Order #130850 to Rohl Networks, LP in the amount of $98,064.77 for the Fiber Optic Cabling project, Bid No. 017-2821-12/DJL, increasing the purchase order from $178,248.79 to $276,313.56. 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. The Change Order is required to complete an additional scope of services requested by Utilities to connect each end of the fiber optic cable to the East and West Water Treatment Plants. The additional work includes the directional drilling of conduit from the East Water Treatment Plant to the end of the Section C pipeline at Little League Road, additional fiber optic cable, underground vaults, electrical work, and building terminations at each Plant. 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: Is this a grant? No Page 398 of 1471 Grant Amount: ATTACHMENTS: Type Description D Change Order Rohl Change Order #4 REVIEWERS: Department Reviewer Action Utilities Groff, Colin Approved Utilities Groff, Colin Approved Assistant City Manager Pyle, Judith Approved Finance Howard, Tim Approved Legal Swanson, Lynn Approved City Manager LaVerriere, Lori Approved Date 8/29/2016 - 2:46 PPA 8/29/2016 - 2:46 PPA 9/13/2016 - 1:27 PPA 9/13/2016 - 1:48 PPA 9/14/2016 - 8:31 AKA 9/15/2016 - 4:43 PPA Page 399 of 1471 Change Order Utilities Department City of Boynton each Project Fiber Optic Cabling — Raw Water Main Sections B & C Change Order No.: 4 hl Networks, LP Purchase Order No. 2875 Jupiter Park Drive, Suite 900 JuLitLr, FL 33458 —project LContract Date- 6/6/13 ............ ............... Christopher Roschek Mana er: Reason for Change Order: Item Description of Work Quantity Units Add itio Unit Price Amount Davsnal 1 Increase Purchase Order #130850 by N/A /A...... / 957 $89,839.56 plus $8,225.21 in remaining contingency for a total of $98,064.77 for additional fiber optic cabling, directional drilling, vaults, and electrical work for Sections B & C. Additional Days were calculated from the Final Completion Date of §e ............... ................. . ...... ..................... . . . . ................................ . . .............. . .... The cost of this work is:$98,06417 The Contract Time will be increased by a roxi ateiv (# of days) 2/28/1......._. /28/1 9-57 calendar dans Page 400 of 1471 Additional Dollars Required 89,839.56 Notes Kept original per foot price but inc.asecl to 25 ( 711 ,eet and also gave city 96 count fiber vs 24 count Original Bid Price Original bid price but revised to quanitity of 3 None Required Original Bid Price Original Bid Price Original Bid Price Original Bid Price Original Bid Price None Required Increased from original bid by 1700.00 to cover additional footage Original Bid Price Drill Approx 3000 feet or 2" Duct including material Run 1.25" EMT in both East and West plants from building to old server room per Chris on 7/29/16) Install 4 vaults (or as required) along directional drill path This is an ALLOWANCE and depending an what type of Termination panels are requested Page 401 of 1471 Sections B&C Revised 07-2016 Section 1 Raw Water Main Item Amount 1.01 Fiber Cable 107,000.00 1.02 General Demolition 5,000.00 1.03 Distriubtion Enclosure 4,989.00 1.04 Manhole 0.00 1.09 General Restoration 3,000.00 Alt Bid Items,rotal 119,989.00 MISC GC -1 Mob/Demob 2,000.00 GC -1 Bonds and Ins 1,000.00 GC -1 Permits 1,600.00 GC -1 MOT 4,300.00 GC -2 Pollutant Discharge 0.00 GC -3 Record Drawings 2,500.00 1-1 Indemnification 25.00 Misc Bid Items 11,425.00 Additional Work Re 1 Directional Drill 50,943.75 2 Electrical Work 5,148.02 3 Install Vaults 6,750.00 4 Building Terminations 5,000.00 Additional Items 67,841.77 Total 199,255.77 Original Bid 101,191.00 Remaining City Contingency 8,225.21 Additional Dollars Required 89,839.56 Notes Kept original per foot price but inc.asecl to 25 ( 711 ,eet and also gave city 96 count fiber vs 24 count Original Bid Price Original bid price but revised to quanitity of 3 None Required Original Bid Price Original Bid Price Original Bid Price Original Bid Price Original Bid Price None Required Increased from original bid by 1700.00 to cover additional footage Original Bid Price Drill Approx 3000 feet or 2" Duct including material Run 1.25" EMT in both East and West plants from building to old server room per Chris on 7/29/16) Install 4 vaults (or as required) along directional drill path This is an ALLOWANCE and depending an what type of Termination panels are requested Page 401 of 1471 6. M. CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve Bid No.: 066-2730-16/JMA, "Sod and Sod Installation" to three (3) contractors as primary and secondary suppliers. This is a Southeast Florida Governmental Purchasing Cooperative Bid for thirteen municipalities with the City of Boynton Beach as Lead Agency for the North (North Broward/Palm Beach), South (South B roward/Mi ami- Dade) and Central (Central Broward) regions. The bid is for one-year period with the option for three (3) additional one (1) year extensions. The estimated expenditure for the City of Boynton Beach for the one-year period is $15,000. EXPLANATION OF REQUEST: BID PERIOD: NOVEMBER 1, 2016 TO OCTOBER 31, 2017 The Southeast Florida Governmental Purchasing Cooperative Group comprised of forty-five (45) agencies was created to utilize the buying power for commodities/services to promote cost savings for participating agencies. The City of Boynton Beach is lead agency for the solicitation for Sod and Sod Installation. The purpose of this solicitation is to establish bid pricing with two (2) Contractors as primary and secondary to furnish, deliver, and install various species of sod to include but not limited to St. Augustine, Floratam, and Palmetto; Bahia, Argentine and Pensacola; Bermuda: Tifway 419 "Certified", Tifway 419 "Uncertified", Tifgreen 328, Celebration, and Tif Dwarf; Paspalum Sea Dwarf; Sealsle Supreme Paspalum "Certified"; Ultimate Flora Zoysia; and Centipede. Pricing was requested for individual sod varieties for truckloads delivered, unloaded, and installed; and for quantities less than a truckload with pricing established on a square foot basis for material, delivery and installation. Bid documents required that a bidder submit pricing for all items within each category to be considered for award in the category. At the bid opening of August 31, 2016, three (3) bidders submitted proposals for consideration. After bid tabulation, the three bidders are recommended for award as the lowest responsive, responsible bidders as indicated in the attached award document. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Utilities and Public Works/Parks departments utilize these services to ensure that the aesthetics of areas affected by construction and climate are restored to its original condition. This action will also mitigate certain liabilities to the general public by addressing rough areas along pathways. FISCAL IMPACT. Budgeted The estimated annual expenditure of $15,000 has been included in the Departments' FY 2017 budget. ALTERNATIVES: The thirteen participating municipalities, including the City, would be required to seek individual bids that would not benefit from the volume buying opportunity. Page 402 of 1471 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Tab Sheets D Other D Other REVIEWERS: Department Finance Legal Finance City Manager Description Bid Tabulation Sod Bid Pricing Awarded Vendors by Group Reviewer Action Date Howard, Tim Approved 9/13/2016 - 8:17 AKA Swanson, Lynn Approved 9/14/2016 - 8:30 AKA Howard, Tim Approved 9/14/2016 - 11:13 AKA LaVerriere, Lori Approved 9/15/2016 - 4:43 PPA Page 403 of 1471 o .� T .0 O O O O N tp y CO Mn a L N O � N Q) U C N O L Q In o N c CO CO a O O y U o N N O 0 > N T y T N N N E s 0 0 O a i > L N N O C aL_ _ a� O O U 'Z_^^ V/ w D a J LL 'W V/ \/ Z O a J C) J N F— F- C/)� Z D�� UOQ O O ¢N"' (n W WN 00 � O Z LU W Q 0 z O 000 C/) mmm LU LU U) R U v cc o 00 W O C3,L o M M N 2 Z W O D co M Lo* a 0 Z W U x J N N N 11 J W W W W Z W W W Z LL W m c °O Z Q U E�=Y �0 O LU aLU z �a a� ®O LU LL R C O U C E CD O U m c*j cUro E U Z y M� 2 0 O LL M M O LU Z W W m M U y .••. y fn W fn W fn W fn W fn W O Z fn W fn W fn W LL � (n s CO co E� � U a' r� Y U L LO O �� W W LLQ U M O .. � A X .. cn O rn x LLE Cl)J U U W C -) E O w NCY' ® a LU *x co .. 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N. CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve utilizing Government Services Administration (GSA) contract #GS -35F -0016T to provide telecommunication services from Windstream (PAETEC) in an amount not to exceed $40,000 for FY 2016/2017. EXPLANATION OF REQUEST: Time Period: October 1, 2016 - September 30, 2017 The I.T.S. Department currently uses Windstream (PAETEC) for local and long distance telecommunications services on the Mitel phone system. On March 5, 2013 the City Commission approved to purchase long distance services from Windstream (PAETEC) using a GSA contract. In October 2015, the I.T.S. Department purchased local telecommunications services from Windstream (PAETEC) using the same GSA contract. In April 2016, The I.T.S. Department requested permission to continue purchasing telecommunications services from Windstream (PAETEC) in an amount not to exceed $40,000. The I.T.S. Department is now seeking City Commission approval to continue purchasing telecommunication services from Windstream (PAETEC) for the 2016/2017 budget year. Monthly costs are $2,900.00 plus long distance charges; the estimated amount for FY 16/17 is not anticipated to exceed $40,000. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approving this request will allow the City to continue using telecommunication services from Windstream (PAETEC). FISCAL IMPACT. Budgeted These costs are included in the adopted FY 2016/2017 General Fund Budget in account number 001-1510- 513.41-10 (Telephone Services). ALTERNATIVES: For staff to issue an RFP for telecommunication services. Staff recommends using Windstream (PAETEC) for these telecommunications services. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 430 of 1471 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Reviewer ITS McNally, John Finance Howard, Tim ITS McNally, John Finance Howard, Tim Legal Swanson, Lynn City Manager LaVerriere, Lori Description GSA Contract Win stream Action Date Approved 9/12/2016 - 1:52 PKA Rejected 9/13/2016 - 8:27 AKA Approved 9/13/2016 - 11:01 AKA Approved 9/13/2016 - 1:59 PKA Approved 9/14/2016 - 8:33 AKA Approved 9/15/2016 - 4:51 PKA Page 431 of 1471 GSA eLibrary Contractor °�usce �iiti� GErFt IatFtrTlr ANTE' a.:lrffC F1 E!UIt`iil°T, (3F"l��`ZE,sFERVICE 4 t4rx=r.��° (Vendors) Flow to chance your company information So io-Lct n rnic : Other than small busines L : Contractor not found on the Excluded Parties List System Govt. Point of Contact: Wanda T. Garnett Phone: 703-605-5710 E -Mail: waiida.garriett@gsa.gov i`swthe�ec cs For this contract Contr€�c1 r�r C.ntract TECs C ratracc aacl t�aarrrhera'Prica#ast atm ory View Catalog 52 as + erfa. , rr raa�a �' .A A �,, ql u, Fti }E!, t }} s {ebbraty G FntraLt GS 35r -0101,6T Contractor: WINDSTREAM NUVOX, INC. Address, 2 NORTH MAINT ILL 29601-4874 Phone; 407-447-6671 E -Mail: bill. manooch@windstream.co Web Address: :// W. IN T A . M CJS: 076534325 N ItrS: 517410 °�usce �iiti� GErFt IatFtrTlr ANTE' a.:lrffC F1 E!UIt`iil°T, (3F"l��`ZE,sFERVICE 4 t4rx=r.��° (Vendors) Flow to chance your company information So io-Lct n rnic : Other than small busines L : Contractor not found on the Excluded Parties List System Govt. Point of Contact: Wanda T. Garnett Phone: 703-605-5710 E -Mail: waiida.garriett@gsa.gov i`swthe�ec cs For this contract Contr€�c1 r�r C.ntract TECs C ratracc aacl t�aarrrhera'Prica#ast atm ory View Catalog 52 as + erfa. , rr raa�a �' ,P ,.,,1' ,,�,. Page 433 of 1471 >s'!',.' , Page 434 of 1471 ,t„, 1 � r ;r� hl,I� >s'!',.' , Page 434 of 1471 ?'.sAGt 't 3F .z,v P OM, }i1 }S f��pit2ktil}}}s.1t,, k`}2�11�{{{;f4"titllisus}€€„if(4`}}stYk}\tjl'"i"'l}3f„5}Sk} tt%1j}4 scar ,,,;� _.; rs{{>>f� i�➢ r� r 3t s, - (ft�}x f 1 iix. t. r tGi t� iir. y, (i s' 2 » t if S� £}i < ti. i... S � �. £.. f{ (f �. �} �: £t} z.. €. „ i�� 7. -dud Saft „� f"t{1%4; rt11 1 Mt'Nals4tM .F,tsdcs}},«, iirit23tfart Fstt{4}} Cstss tgtf » i t ssitt4�t �tYr3fs8 tt JJ Sr ns ! rr r yfl {£ N E ff l l r rrOs rrss t fr+ ��111�i Sk tt}2�� }#t �t�#1f .4s�r�,pla��i }ia;tt�t}t�(Ss<t ,3 hiiv3> ix i 1�� st£;Std{S 4r1�)t �ttSftr s1 iSt4s\\ll i}}sr 11}s t1 rx f��uAt �� , � >z�� , �:a� m vUz 5( � yr �,�., a �,�,v��,uv� �.�„ � a„ .r o J'E!�`?? tff}aa° }W 01 bout ACK 11 1 " NF on own ar3il ' psS 1vN$4M111 �"d}� oak beama frr,. ,itl, M ZOO Its il.�i gr4(�t�r S4 ' xne �`S U100 vNeda }t04 ONtts. K'� { �'�� . r `fir, ��1,` �.� Ra 4 �{�t al l�ii}\},� Y) MUM 04 Wre WWWd, s�t}11 �foYr!llit .� lj7'Lcst1�,SW As%!L004 nes, Jz�t s��2• MEMO NOM lisle, 10 0 Wtiko 4}s' a `J3 is?1 BY% 6 Z I lamed jr'£ e MAY 1011f, X011"' 11iq"' Kipp 1 , 122kVl 161" A)'(("'U Page 435 & 1471 1, Ati, L) winctatream, V -A 4", sg"', �IIIUWIIAI Y h?"', "I"I" F'16 Page 436 of 1471 6.0. CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Legal expenses -August 2015 -Informational at the Request of the Commission. No action required. EXPLANATION OF REQUEST: Some outside firms have not provided their August statements to Risk Management and therefore their July 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 D Attachment D Attachment REVIEWERS: Department Legal Description Goren Cherof Doody & Ezrol August invoices Other outside counsel August or July invoices Reviewer Action Swanson, Lynn Approved Date 9/14/2016 - 5:09 PKA Page 437 of 1471 Finance Howard, Tim Approved 9/15/2016 - 8:03 ANA City Manager LaVerrier , Lori Approved 9/15/2016 - 4:39 PPA Page 438 of 1471 GORnl, CAEROF, DOODY & EZROL, P.A. • at Law 3099 East Commercial Boulevard Suite 200 • Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY • BOYNTON BEACH Boynton Beach FL 33425 Attn: Lynn Swanson TOTAL CURRENT WORK "--'1VTWr*T-1FJW= ACCOUNT NO: STATEMENT NO: Page: 1 09/02/2016 306-9001821 11558 RM Page 439 of 1471 GOREN, CHER OFDOODY 1223+. P Attorn,eys at Law 3099 East Commercial Boulevard Suite 200 Forrd t Laudeale, For lida 33 308 Telephone (954) 7714500 1 CITY OF BOYNTOBEACH �T Boynton Beach Fl- 33425 Attn: Lynn Swanson Special Fire Assessment P112=016 MDC Review file, begin preparing Annual Assessment Resolution. OW=016 MDC Revise annual Assessment Resolution, review notice documents; forward resolution to city for review. JAC review annual assessment - reso pull and review and base Ordinance 08=2010 JAC review records and hardship issue W29/2016 MDC Review proposed final draft of Resolution. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. \f «c 1.60 $195.DO MICHAEL D. CIRULLO 1.50 195.00 MKIMM, w1 q Page 440 0 1471 Attorneys at Law 3D99 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 7714500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson OW=016 SH13 Overtime., Discuss overtime matters with JAC. Telephone conference with Oldbury re: overtime compensation. JAC attend dosed door - 1AFF PBA-FPE CBA!s 08/0312016 JAC review following dosed door, review pension Issue; rieview status of pending discipline and grievance Issues; review IAFF CRA regarding health insuranoz SH13 Receive and review body-wom camera study. Begin research on overdose matters. 08/04/2016 SHB Police: Receive and review Inquiry rw. overdose matters. Research statutory exemptions; discuss with JAC. �,:-'' '' '' , 'W 81 , 1 111 I 0811112016 JAC prepare for, attend follow up regarding PBA bargaining 08/16t2016 JAC review IAFF CBA and related Issues regarding step plan; update stat review od 175 # issue ' 08/19/2016 JAC review PHA countrywide contracts regarding Issue 0812912016 SHB Receive and review inquiry re; reimbursement matters; follow up with Harris. FOR CURRENT SERVICES RENDERED RE,*rT#'IT1Iff_ITIOA TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 6.60 $195.00 SHANA H. BRIDGEMAN 2.80 196.00 Photocopies VOT&L r--Y.PEV3EZWVkTA A I P01 6 NomiL-L-ml NEEKEEM HOURS 0.60 1.50 1.70 0.60 1.00 0.30 2.20 0.70 0.50 0.30 i.4-0 1,833.00 $1,287.00 546.00 66.60 66.50 Page 441 of 1471 Page: 2 CITY OF BOYNTON BEACH 09/0212016 ACCOUNT NO: 306-0603180 STATEMENT NO: 11764 LA13OR - General TOTAL CURRENT WORK 1,899.51 BALANCE DUE $1,899.50 �,, *�k -�wv I z �4- Page 442 of 1471 a- * ' * rd 1 12 no B It ouleva M' ys m ' 7 Attorneys at Law 3099 East Commercial Boulevard '9 cl Suite 200 7Fort Lauderdale, Florida 33308 M Telephone (954) 771-4500 CITY OF BOYNTON BEACH tff�11'r n.- -W1 1-oyntonl3each FL 33425 Attn: Lynn Swanson i 0 ' 0 1 178iff-fP 08/0110016 SAB Prepare and Me notice of intent to rely on business records for use at trial. 1.70 08/02/2016 SHI3 Attended red light camera trials at Delray courthouse. Meeting at City Hall re: red light camera agenda item. 5.00 08MU2016 SHB Prepare and file notices of intent to rely on business records for use at trial. Follow up with ATS and City re: program statistics. Agenda Rem prop. Receive 6.00 JAC and review objections and notices filed by defense counsel. 3.00 08AW2016 SHB Prepare and file notices of intent to rely on business records for use at trial. 220 TBAW016 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.80 SHB Review local hearing minutes. 2.50 V008120116 SHB Follow up re: agenda item matters. Prepare and file notices of Intent to rely on 2.80 08/17/2016 SHB business records for use at trial. 3.10 NOR =--! ENEEMP Page 443 of 1471 business records for use at trial. 4.01f 08111/2016 SHB Prepare and file notices of Intent to rely on business records for use at trial. Attend local red light camera hearings at City Hall. Receive and review Powerpoint presentation for commission meeting. Revise and finalize red light agenda Item. Discuss red light matters with Laverriere. 6.00 JAC prepare for conferences of commission regarding ATS contract and options 1.00 08/1212016 JAC prepare for conferences of commissioner; review all pending cases and law 2.10 08/1512016 SHB Prepare and Me notices of intent to rely on business records for use at trial. 2.80 SHB Meetings at City Hall with all Commissioners re: red light camera agenda Rem. 3.00 08/18MO10 SHB Attend red light camera trials at Delray courthouse. 2.80 08/17/2016 SHB Follow up with MDC and JAC re: commission meeting and contract matters. Prepare and file notices of intent to rely on business records for use at trial. 5.60 JAC follow up regarding commission defense review option to amend; review new technology issue 1.20 NOR =--! ENEEMP Page 443 of 1471 Page: 2 CITY OF BOYNTON BEACH 09102=16 ACCOUNT NO- 306-0806020 STATEMENT NO: 11765 Red Light Cameras HOURS 08/1812016 SHB Prepare and file notices of Intent to rely on business records for use at trial. 3.50 08=12016 SHB Prepare and file notices of intent to rely on business records for use at trial. 08/2312016 SHB Prepare and file notices of intent to rely on business records for use at trial. 0.30 195.00 Telephone conference with Verrign! and Petriello re: trial and program matters- OW4/2016 SHB Prepare and file notices of Intent to rely on business records for use at trial. 08/25/2016 JAC conference with MC regarding pending Issues; call to LL regarding ATS Issue 08MOIS SHI3 Prepare and Me notices of intent to rely on business records for use at trial. 08/2=016 SHB Prepare and file Notices of Intent to Rely on Business Records for use at trial. 08/30/2016 SHB Prepare and file notices of intent to rely on business records for use at trial. Telephone conference With MDC, ATS, Aventura, Attorney General, Carlton Fields, and other Interested cities re:.Ticket Clinic preemption motion and future trial strategies. MDC Participate In statewide conference call Re. legal update on RLC proseaAion3 and appeals. FOR CURRENT SERVICES RENDE ■ Wfl 0.30 ................. 68.50 13,357.5T A 'IRS AOJRLT RATE TOTAL 4.90 $195.00 SM -50 0.30 195.00 58.50 63.30 195.00 12,343.50 Postage 103.38 TOTAL EXPENSES THRU 08/31=16 103.38 TOTAL CURRENT WORK 13,460.88 BALANCE DUE $13,460.88 Page 444 of 1471 Attorneys at LaSII w 3099 East Commercial BoulevanJ 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 Fer- 71MI-1 ty� M i 1-8/0V2018 FLN Reviewed and responded to highest bidder counsel's small re. surplus available 111or property located at 314 W industrial Ave, reviewed dark records and pleadings/documents provided by counsel; discussed with Lynn Swansor. in preparation of filing of C4s Motion; reviewed and responded to bankruptcy inquiry re: to utility bills from City. SHB Office hours at City All. Attended executive team/agenda prep mesting. Review sod and pipe lining bid items. Sign approved contracts. Review cemetery deeds. DNT Review and revise Casa Dal Mar infrastructure cost sharing agreement. Fz =..L jili—i-M-.1i r,! =,� j I - -.� . M-2-71111-7-11 M 777M =-j 08105/2016 JAC onslte agenda review and research review Model Block Issuesistatus; review Ocean Ridge content Issues 08/08/2016 JAC onsite offloe administration; agenda review, conference with LL and Commissioner regarding building height and Quantum cases; review budget conference Issue; prep and emails regarding Manatee Bay 2.00 8.00 1.30 0.60 1.70 5.70 5.50 0.70 1.00 0.40 4.80 4.70 Page 445 of 1471 bill 1br property located at 314 W industrial avenue and later discussed with purchaser's counsel via TIC: discussed with Lynn Swanson. DNT Telephone conference call with Kathleen Hatcher regarding cell tower lease 1br Bicentennial Park, review proposed lease amendment JAC Onsite; prepare for and attend Commission mesting: review mail and memos; review agenda letter to Hartley regarding Manatee Bay 08/03=16 JAC review pending matwWls and cases-, review agenda items, review public meeting - town hall notice and process O&ADV20116 FLN Re: surplus for property located at 314 W Industrial; followed up With Counsel for property owner re: outstanding balance for utilities after reviewing relevant documents. SHB Review and approve agenda Items. Discuss Erhart code oompliame matters with BJS and JAC. DNT Review and revise tower lease amendment. JAC office and case assignment oversight review code enforcement codalissue; research BTR Issue; Call with LL regarding pending issues; research Height history; research takings issue regarding model block 08105/2016 JAC onslte agenda review and research review Model Block Issuesistatus; review Ocean Ridge content Issues 08/08/2016 JAC onsite offloe administration; agenda review, conference with LL and Commissioner regarding building height and Quantum cases; review budget conference Issue; prep and emails regarding Manatee Bay 2.00 8.00 1.30 0.60 1.70 5.70 5.50 0.70 1.00 0.40 4.80 4.70 Page 445 of 1471 Page: 2 CITY OF BOYNTON BEACH 09/=016 ACCOUNT NO., 308-9001821 STATEMENT NO: 11766 SHE Code compliance - receive and review documents re: 1481 NW 2nd Street. OSMO/2018 FLN Worked on lien contingency program application in light of new ordinance on this maW JAC Letter to County regarding golf course Lamm; research door hangers; follow up regarding Manatee Bay fence permit agenda prop; review and calls regarding BTR and ballots; review CRA plan and City interplay; review code Issue with 88 08/1012016 FLN Reviewed Inquiry rrom Tim Howard; reviewed research on Issuers: convenience fees to confinm validity of eAsting law as it applies to a municipalftys right to collect these fees; follow up advice and TIC with Tim. SHE Red light Finalize agenda Rem. Dismiss with JAC, Lisverriere, Howard. Follow up with ATS re: red light reports. Review inquiry re: BTR matters. JAC Onsite; agenda prep; conference with TH regarding RLC Issue; review consolidated plan and code rewrite issues; review assigned case status 08/1112016 FLN Completed review of applicable florida statutes and Sarasota County and C models on mobility fee issue; and review of required studies as K relates to speed limit changes to report back to Jim Cherof. JAC Onslte Office Administration; review pending assignments prepare agenda items; review CG subpoena questions and reply; prep regarding audit response I OV12/2016 JAC research zoning set back and height name; outline code Issues regarding height amendments BJS Draft Audit report update. SHB Follow up re: audit letter requesL Discuss with JAC, TAD, BJS. Revise audit letben SHE Snack bar review bid documents and City procurement policies re: basis to reject bid or bidder, follow up with City staff. Follow up with Yannuzzi re: lien reduction matters. 08115/2016 FLN Finalized language on lien application to comply with new oonfingenVilen encumbrance ordinance and shared with Christopher Yerinuzzi. JAC onsite; attend staff meeting; conferences wit:.. regarding RLC contract; prep for commisslon meeting SHE Review and discuss income deduction order matters. Review second mortgage documents re: ownership requirements. 08/16/2016 FLN Reviewed documents re: to water oonnecfion/customerhanant complaint for property located at 1481 NW 2nd St; Discussed with Tertant's attorney aftr discussing with various city staff members; sent follow-up email to tenants attorney; discussed with Jim Cher&. SHE Prop for commission meeting. Attended City Commission meeting at City Hall, JAC prepare for and aftend commission meeting; prop regarding RLC presentation; pull and review date; review pending tort defendant cases; conference with TH regarding agenda item HOURS 0.30 0.80 6.20 1.00 2.50 4.20 3.30 6.00 4.60 0.60 1.60 1.00 0.60 8.50 5.00 2.00 5.50 7.70 Page 446 of 1471 Page: 3 CITY OF BOYNTON BEACH 09/02/2016 ACCOUNT NO: 306-9001a2i STATEMENT NO. 11766 ler-1=17T ViM 08/1712016 FLN Reviewed email from attorney of tenant residing at 1481 NW 2nd St; discussed next stop with Jim Cherof and Lynn Swanson. SHB Telephone conference with Alex Seltzer re: red light carnera PRR matters. JAC commission meeting follow up; miscellaneous calls; conference with attorneys regarding cases pending JAC review JY letter lo JM and data; update SSG regarding reached agreement 08/1W018 FLN TiCs and Emalls to and from Erin Dunn re: utillty/code issue for property located at 1481 NW 2nd st; Discussed with Lynn Swanson; reviewed additional documents received from City re: madw, discussed with Jim Cherof. JAC nipAsw and research regarding utility fee surcharge and annexation agreements; research regarding municipal cemetery iial6ility issue; agenda follow up; review unity of title Issue 08/1 =016 FLN Discussed water connection Issue re: property located at 1481 NW 2nd St with Jim Cherof and responded to tenanfs counsel. DNT Review comments on cell tower lease amendment for Bicentennial Park. JAC Call with P. Hartley regarding ftoe dispute; review ILA document; call to ILL regarding same; revfew charter Issue regarding election; prop regarding canal cleanup MSTU, review pending cases and discuss upcoming is siues with FN calls with KE regarding model block review case/dalm status OW212016 JAC onsite review pending issues, research extra jurisdictional services; review RLC issue 08/2312016 JAC onsite; office admin, review files to close; review agenda issues; prop for conference with LL; finalize ILA Briney and ILA Ocean Ridge, attend SHB Palm Beach County Housing Authority - receive and review inquiry from attorrmy Vamer. Various telephone conferences with Varner and Yanmi2z!. Review code Me and documents provided by Varner. Follow up with Tia Stokes. 08)24/2016 JAC prepare Unity of Tide for attomey per request review staff issues and assignments SHB Follow up re: Palm Beach County Housing Authority matters. Telephcn,-:� conference with Tia Stokes. 08/25/2016 SHB Research re: nuisance ordinance and forfeiture fund matters, discuss with JAC. DNT Review Dimmick mad easement revisions for FPL easement. JAC reviewirevise draft Chronic nuisance Ordinance / research enforcement and challenges; call with LL and stffff regarding same 08/26/2016 JAC review pending cases and assist CA assignments; review p3irfq issues froi-i cg, review tanantlowner water service Issue HOURS 0.70 0.50 3.60 0.70 1.50 4.20 0.40 0.50 4.20 2.60 5.00 1.50 1.20 0.50 1.60 0.50 3.20 4.30 Page 447 of 1471 Page: 4 CITY OF BOYNTON BEACH 09/0202015 ACCOUNT NO, 306-9001821 STATEMENT NO: 11766 OWK2016 SHB Code Compliance - receive and review various inquiries from Yannuz7j: 1305 S. Federal Hwy Code cases: 16-1322 and 15-1870; 125 SE 27th Pl- Code case: 16-2383, 110 S Palm Drive Boynton Beach FL 33435. Follow up with Yann=d. JAC onske; attorney status report prep; review for OPODD memo; review Jenkins water source demand; agenda prep; call with LL regarding pending matters OW02016 JAC Agenda prep; prep regarding OPODD agenda Item; call and follow up with C-1 regarding RFQ and Jenkins water service; research stay issue's with Jenkins water service ernall attorney Green regarding some; review pending LL items; review DROP Loan issue. OW112018 SHB Code compliance: Various correspondence and discussions with Code and aftmeys representing properties: 906 NW 13th Avenue and 71 Ocean Pkwy. Review agreement for 2020 NE I st Ln; follow up with Yannuzzi. JAC Follow up with Graff regarding I 19 and 255 issue; call to JO regarding review of agenda Items FOR CURRENT SERVICES RENDERED HOURS 1.50 6.40 5.20 1.50 3.50 �5�66 16,165.64 18,165.84 $16,165.84 Page 448 of 1471 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 Swartson 1,8/17/2016 FLN Reviewed Court Order's Grarrting PlaintifFs Motion to Reschedule Foreclosure Sale and rescheduling for 10/4/2016. ;[0];14111VV 4,11 C44AVAN :&-I'll =Qfal �VA I] RECAPITUrMION HOURS HOURLY RATE 0.10 $195.00 Page: 1 09/02M016 306-99D4887 11767 HOURS 0A0 0.10 19.50 $19.50 19.50 $19.50 Page 449 of 1471 #2f#»«#» BEACH MZ4�" I. Boynton Beach Fl. 33425 11111111Z.1"Mil 1 VrOMWIM Z 160 W17 Attorneys at Low 3099 East Gommardal Boulevard Suits 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY MAN-= RECAPITULATION HOURS HOURLY RATE TOTAL 0.50 $195.00 $97.50 NOR = MEMIRRM � ;w Page 450 0 1471 GOREN. CHEROF, DOODY & EZROL. P Attorneys at Law 3099 East Commercial Boulevard Suits 200 Fort Lauderdale, Florida 33308 Telephone (9M) 771-4500 1 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulmmrd ACCOUNTNO: Boynton Beach FL 33425 STATEMENT NO: Ann: Lynn Swanson - 0 ' I - I , r-- =1 -7 P 1 Z rl W-7- =-a v f -7 1 1-8/10/2016 FLN Reviewed Plaintiffs Voluntary Dismissal and Discharge of Lis Pendens noted file for closure. 08/1712016 FLN Reviewod file documents and pleadings; drafted and sent dosing memo to code and CAO offices at City Hall. FOR CURRENT SERVICES RENDERED RECAPITULATION HOURS HOURLY RATE 0.60 $195.00 MEL =! NEEKIE M. - HOURS 0.20 0.40 0.60 117.00 TOTAL $117.00 117.00 $117.00 Page 451 of 1471 7 Attorneys at Law ye at 'a 3099 East Commercial Boulevard me Suits 200 i 08 Fort Lauderdale, Flodnt=08 Telephone (954) M-4500 ro I-egrej T-#Yj Wei -n i MOUFMA,=ZA, Mill- =M *!R-- Wk IV K71TOW I �M - - 1� to] 0 1 61MM:NA1410 A 0 1 0 rem-:�P' OBAW2016 JAC follow up With A. Parke and prep to meet 1.60 08105r2016 SHB Research re: reservation of rights matters. 1.00 OW5/2016 DNT Review title work fbr quantum park property, telephone conference call with 1.00 JAC Bill Snyder at the fund regarding title report. 1.00 18/26/2016 JAC Prepare for and attend conveyance or A- Parke regarding pending Quantum 0.40 la/31/2016 JAC cases; follow up prep and resAew 3.00 08108/2016 JAC Follow up review to A- Parke meeting; research Indemnification option; review pleadings & collateral issues 2.20 08/09/2016 DNT Review tMe work for property owned by QPODD. 0.60 08/10/2016 DNT Review fund title notes regarding property of dissolved CDD; review fifle 19.00 3,705 .00 search report and CDD documents. 1.00 JAC continue M review 0.40 08/1&2016 DNT Telephone conference call with Jim Kearn at the fund regarding clear title; rsviw.fr Me nirt- 0-1�1■ 08117/2016 JAC discuss tMed/ conveyance options with DT follow up review 0.80 08/22/2016 JAC review pleadings for co-defendants check status of OPODD cases 1.20 OW5/2016 DNT Dictate title opinion for Quantum park overlay district property. 1.00 JAC evaluate terms and transfer agreement 0.80 18/26/2016 JAC Call with commissioner regarding status and options in litigation 0.40 la/31/2016 JAC prepare agenda OPODD shoot-, emall attorneys draft; review BL responses and calls regarding same; call with JO regarding insurance Issues; call with commissioner regarding some call from attorney Gilbert; call W attorney Parka; emall/conference with attorney Conko. 3.60 FOR CURRENT SERVICES RENDERED 19.00 3,705 .00 Page 452 of 1471 Page: 2 CITY OF BOYNTON BEACH 091022016 ACCOUNT NO: 306-004936 STATEMENT NO: 11770 711 NWINJ -414-4-4 -1 �4- MI RECAPITIkfflOil HOURS HOURLY RATE 13.90 $195.00 4.10 196.00 1.00 196.00 Phot000ples TOTAL EXPENSES TWIJ 08/31,?-OIA F2KQSMT,1<»«mom 2 [-� �2- 1, �*= =k T!791 Page 453 0 1471 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 77146Ir- BOYNTON BEACH Woynton Beach FL 33425 Atin. Lynn Swanson 1*0! == MQKIU�-;: M,4212016 JAC review new claim and discuss with LS 0.40 08/04/2016 SHB Telephone conference with Laveniere, JAC, UJS and Pl) re: unpermitted sale of Chevy Cruz. Revise correspondence to BecWs towing requesting meeting; transmit to Lzverdere for review. 1.30 BJS t/c/c with SHB and JAC re: 2011 Chevy Cruz, follow up re: Jack Erheart 0.70 0810512016 FLN Reviewed documents and drafted and filed Motion for surplus for property located at 314 W industrial ave; reviewed fie documents and drafted and sent out dosing memo In foreclosure matter of James Ware. 3.10 BJS Review affidavits and reports and follow up legal research re: McCray, draft follow up correspondence re: Erheart 0.80 08/09/2016 TAD Review case law re; SWAT activities re: response to Inquiry from City re: claims. Prepare revised correspondence to Jesse James and correspondence to City re: same. 1.20 08/1012016 FLN T/C with Colin Groff re- 324 Industrial Avenue utility dabt/surplus issue; exchanged related emalls with owner's counsel and with Lynn Swanson; T/C to further discuss with Lynn. 1.30 TAD Meet with City re: status of risk claims. 3.10 1,8/1W016 FLN Exclianged emails with Colin Goff and Barb Conboy re., pending status of 6 -month repayment application for property 314 W Industrial Avenue. ORI 08/16=16 FLN Discussed repayment plan application for property located at 324 W industrial avenue; With Barb Conboy via T/C and emall; sent email tt) prop" owners attorney with copy of application. 0.80 BJS Draft correspondence to Scott Harris re: Forfeiture Question 0.30 1V17r2016 JAC review with FN/ foreclosures and lien Issues 0.70 1811W016 TAD Receipt and review correspondence re: response to teradnation letter. Receipt of correspondence re. potential lawsuit and response to request for Information. Review clerk docket re: status. Telephone conference with City re: response to termination letter. 0.80 JAC calls regarding Sobriety lawsuit; pull records 0.70 Page: 1 OWM016 306-99D4950 11771 Page 454 of 1471 Page: 2 CITY OF BOYNTON BEACH 09/0212016 ACCOUNT NO; 306-9904950 STATEMENT NO: 11771 11 L' =�7 - I - 0 08/19MO16 TAD Most with JAC re. claims stabn. Review status on claim from pro se plaintiff re: claims review meeting. Review correspondence from city re: adjuster changes. 08/2W016 TAD Review claims status report and review claims handled by outside counsel re: preparation for meeting with adjusters. 08/24/2016 TAD Meet with risk regarding status update. Attend claim review meeting with adjuster. Prepare memorandum regarding approved actions. JAC review and forward IlWon hold request to Leon Pod gather, review, forward 119 documents regarding Manatee Say 08/25=16 TAD Telephone conference with the City re: subpoena to employee. Receipt of subpoena. Second telephone conference with risk re: subpoena and appearance. Receipt of correspondence from adjuster re: claims process and prepare response to same. FLN Reviewed and responded to email re: hearing on City's Motion for Surplus in matter re: propedy located 324 NW I st Avenue. 08/2612016 TAD Telephone call to risk manager re. employee deposition and Issues with same. 08/310016 TAD Attend meeting with City Manager and Risk Director regarding pending litigation and update on status or claims. Receipt of use of force report (Tidrldge). FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMESA.CHEROF 2.10 $195.00 SHANA H. BRIDGEMAN 1.30 195.00 BRIAN J. SHERMAN 1.80 195.00 TRACEYA.DECARLO 15.30 195.00 FARAH L. NERETTE 6.10 195.00 Photocopies TOTAL EXPENSES TYRU,T"1/2 1rrtrorTr� HOURS 1.50 0.50 5.80 0.30 0.60 0.30 0.30 1.50 26.60 5,187.00 P= I KM I M Page 455 of 1471 CITY OF BOYNTON BEACH 0910212016 ACCOUNT NO: 306-9904950 STATEMENT NO, 11771 Illigadon MIscellaneous TOTAL CURRENT •- 5,268.50 BALANCE DUE $5,26&50 Page 456 of 1471 CITY OF BOYNTON BEACH AT I Z =*A GOREN, CHEROF, DOODY & EZROL, P.A. Attomeys at Law 3099 East Commercial Boulevard Suits 200 Fort Lauderdale. Florida 33308 Telephone (954) 771-4500 3203=M, 08/08/2016 FLN Reviewed email received from Michael Falls: reviewed dories records re: Watus of sale of property; forward small to Jim Charof and to Chief Katz, Christopher Yannuzzi at al with status of foreclosure sale inrormadon. FOR CURRENT SERVICES RENDERED ij71jj=1Nqzs:0 17.1 U-1 I 141 I'll .1 :a a LTOr4rNWO w4g, 0 " 1E11 I = I=Llkdi 9 RECAPITULATION HOURS HOURLY RATE 0.50 $196.00 0000M NEEKE99 HOURS 0.50 —0.60 j0TAL $97.50 97.50 $97.O Page 457 of 1471 'Attomays at Law cl �W U 3099 East Commercial Boulevard Suits 200 7 d Fort Laue:Florida Fdalle, 33308 d Telephone (954) 771-4500 Page: I CITY OF BOYNTON BEACH 09/0212011 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905018 Boynton Beach FL 33426 STATEMENT NO: 11T73 Attn: Lynn Swanson v. i i I kT, re7e M 6 12/01/2016 SCW Verify case law cited in Motion to Dismiss Counterclaim, Motion tD Strike — Affirmative Defenses and Memorandum or Law In Support of Order of Taking. Evaluate correspondence received from Andrew Batog. Prepare Stipulations for Consent Judgment and Orders of Taking. KLE Telephone calls to Andrew Batog, Telephone call to Kathryn Rossmall; Review appraisal from Batog (Newton Parcel 24), transmit to Jesse Vance; Telephone call to Jesse Vanow. Prep Orders of Taking, conference with Shad; Prepare for Order of Taking Hearing 1W02/2016 KLE Telephone call to Andrew Mack; review status of service, prepare Motions for clerk default and non mary affidavits; 18103/2016 SCW Meeting with Kerry Ezrol. Rev[se pleadings. stipulations, Agreed Order of Takings, and Judgment& KLE Review status of service, review and revise Motions lbr derk defaults and nor military affidavits; prepare for OT prep meeting, review and revise stipulated OT and consent final judgment parcel 24; research right to waive statutory provision; 2.80 0.90 2.70 2.60 1.30 2.80 FW:7.7 W. HE!] Page 458 of 1471 Judgments. KLE Prepare for OT prepare meeting, review and revise stipulated OT and consent final judgment parcel 24 transmit to Batog, Telephone call from Batog: review and Wise stipulated OT and consent final judgment parcel 22 transmit to Bull-; 081W2016 SCW Aftend meeting with Kerry Ezrol, Andrew Mack, Michael D. Avirom, Jesse B. Vence, Jr., and Brett Johnson in preparation of Order or Taking hearing on August 22, 2016. Revise rnarnorandurn of law. Organize case law ibr memorandum of law for partner review. Evaluate correspondence received from Andrew Batog. STM Research OWsiver of Statutory Right" KLE Preparation for and attend OT Prepare 11or Meeting. small Tara Duhy, Telephone call to Amy Petrick (left message) emalls Batog regarding settlement and extension of time to respond to Affirmative Defenses and Counterclaim, smalls Andrew re possession date for Newton, email Batog; 18/09/2016 SCW Prepare Orders of Taking ibr Parcel 22. 2.80 0.90 2.70 2.60 1.30 2.80 FW:7.7 W. HE!] Page 458 of 1471 Page. 2 CITY OF BOYNTON BEACH 09/02/2016 ACCOUNT NO: 306-9905018 STATEMENT NO: 11773 I : • KLE Review and process Baird Invoice, smalls to Lynn. T8/10/2016 KLE E-mail from Andrew, email to Bugge regarding hearing; review legals aff sketches; prepare for • JAC review of agenda report 08/11/2016 KLE Emalls from Batog and to Andrew regarding possession date for Newton; revise stipulation; prepare for OT. 08/12/2016 SCW Research regarding defendant's request for hearing for order of taking. Revise Memorandum of Law. KLE Revise and finalize clerk defaults and non military affidavits, Review and revise stipuladon regarding Newton and send to Batog; smalls to and from Batog; ReView and revise stipulation regarding Evans and transmit to Bull; smalls to and from Bull; Review and revise OT Trial Memo; prepare for OT 18/1612016 SCW Prepare case law for index to attach to memorandum to submit to the judge. KLE Revise and final dark defaults and non military affidavits for Robinson and Nathaniel Collins; Final and file OT Trial Memo With case law per Court's requirements; Review updated appraisal for parcel 24, transmit to City; email sketches and legals to Brett, Review BretVs CV, review e version of final plans; prep for OT; prep exhibits for hearing; prep notice of filing death cartificate and notice of confidential Info; email Bull regarding status; smalls Batog regarding status. 08/16/2016 KLE Emalls/telaphone call to Brett, Andrew and Bob Bugge regarding legal descriptions; preparation for OT, preparation exhibits for hearing; review and revise notice of filing death certificate and notice of oonfidential Info; email Vivian legal for parcel 24; email Vence to final appraisals for 22 and 24. JAC review fee issue 08117/2016 KLE Emallsftelephone calls to Breft and Andrew; conference with Jim; review updated appraisals parcels 22 and 24 from Vance; prepare for OT; email Vivian regarding parcel 24. 08/18/2016 SCW Prepare Emergency Motion for Continuance. KLE Prepare for OT hearing; smalls to BrIen Bull regarding supulallon for Parcel 21; conference with Jim regarding status of case and survey/legal issue; smalls Brett and Andrew; telephone call to Andrew; JAC follow up w/ parcel by parcel review with KE; research deed on survey issue IV1 9/2016 KLE Preparation lbr OT hearing; various telephone calls to with Brett, Bob and Andrew; Review sketch from Brett, file emergency motion for continuance; emallsheleptione calls to Baird, Batog, Mr. Collins; Judges h1 with Jim and DJ regarding status of case and survey/legal Issue; Review notice of voluntary dismissal from Newton; review executed stipulation from Newton; Prepare for meeting at City regarding survoyAegal issue. 08/22/2016 KLE Prepare for and attend Hearing an Motion to Continue; preparation for and attend meeting with Jim, Andrew, Brat, Bob anid Mike. JAC review title and survey Issue; conference with KE, AM and survey team; follow HOURS 0.20 0.60 0.30 1.40 1.60 2.90 1.60 M MX [KII Page 459 of 1471 Page: 3 CITY OF BOYNTON BEACH 09/0212016 ACCOUNT NO: 306-9905018 STATEMENT NO: 11773 i to] WA i Is] z 1.7 IR.11 NIPIRS 801-RI-ToTiTE up research regarding Raw acquisition 0&'2312016 KLE Conference with Jim; telephone call to Brian Bull, email Brian Bull 08/2412016 KLE Follow up on status of defaults; conference with Jim. JAC review and update KE; conference call with AM regarding survey Issue and 1.00 takings 0&1'2512016 KLE Prepare for and attend conference call with Jim and Andrew Mack; 08/2612016 KLE Preparstion for and attend conference call with Jim and Andrew Mack; Prepare and file notice of compliance with court order; 0813112016 KLE Telephone calls to and a -malls regarding resetting OT hearing; file stipulation regarding Newton; Conference with Shari regarding stipulation fbr CoIllins; emalls Tom Baird; FOR CURRENT SERVICES RENDERED i to] WA i Is] z 1.7 IR.11 NIPIRS 801-RI-ToTiTE TOTAL 6.50 $195.00 $1,207.50 39.10 195.00 7,624.50 1.00 125.00 125.00 18.30 195.00 3,568.50 Color photocopies 29.75 Photocopies 437.85 Postage 21.27 TOTAL EXPENSES THRU 08/3112016 488.87 ASAP wrier- Invoice 14477 97.69 97.69 Compass investigations - Invoice 2016005909 100.00 100.00 TOTAL ADVANCES THRU OBM112016 19T69 TOTAL CURRENT WORK 13,272.06 BALANCE DUE $13,272.06 Page 460 of 1471 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort LauderdaW Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: :L n Swanson adv. Chandler, Nancy (RIC MAN) =1&2016 TAD Receipt and review of correspondence from outside counsel rw. status of claim - and setilement1trial Issues. 19101 ;1*111 V :4 4 z W 9W� lei *411 1 A z 101:4 V 4 91 ■ RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 HOURS 0.40 OAO 78.00 TOTAL $78.OD 78.00 $78.00 Page 461 of 1471 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-46M CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson 013/05f2016 FLN Reviewed PlaintIffs Motion to Cancel Foreclosure Sale scheduled for August 15, 2016 and Notice of Hearing on said Motion. i (a) V W010V =Q'i dkT'JXV RECAPITULATION HOURS HOURLY RATE 0.20 $195.00 HOURS 0.20 0.20 39.00 TOTAL $39.00 39.00 $39.00 Page 462 of 1471 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 11111:TM-11: =41 MIR 1: ZMMM3= Riaga N� a, I � I i P94A== E-11 YJ 14 IT, [ 4 0 1 ff � LO 1813112016 SHB Receive and review 11th Circult Order on Motion to Dismiss/Lo---� Governments'appea,. FOR CURRENT SERVICES RENDERED I I LT11 0 114=;� 1 RECAPITULATION HOURS HOUR4-YRATE 0.60 $195.00 f 164FITIF61 f �-. �',& i • Mnmi� k141--5Q11TM1 000900 HOURS 0.60 0.60 117.00 TOTAL $117.00 117.00 $117.00 Page 463 of 1471 Attomeys at Law 3099 East Commercial Boulevard Suits 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Attn: Lynn Swenson ! 7=,; PTT I �MWWm 7,-T--7M- Na1ional Trust Company 2540 N. Seacrest Blvd, W .,oynton Beach, FL 33435 08/10/2016 FLN Reviewed Affidavit of Diligent Search. FOR CURRENT SERVICES RENDERED 1111611�1�4;1 "IrIM"01:1N= I RECAPITULATION HOURS HOURLY MA 0.20 $195. a HOURS 0.10 0.10 0.2-0 39.00 TOTAL $39-00 39.00 $39.00 Page 464 of 1471 Attomeys at Law 'w 3099 East Commerdal e _.1.1. Boulevard Suit Fort Lauderdale, Florida 333081 Telephone (954) 771-4500 W111111111 41410*1-TI'm 1171-TT12,714 T.« I - . a Boynton Beach Fl- 33425 Attn: Lynn Swanson adv. Jackson, Avian M. (Forfeiture) Al, ILTA:40160L�l OW8/2016 BJS Review and revise draft Motion for Summary Judgement 08/0912016 STM. Reviewed and revised the Motion for Summary Judgment for Mr. Brian Shemian. 08116/2016 BJS Fianlize Motion for Summary Judgement 08/162016 BJS Draft follow up and update correspondence re., Motion for Summary Judgment FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE BRIAN J. SHERMAN 1.40 $195.00 SHERIE T. MALDONADO 0.50 126.00 Photocopies 01W�Tmly. �-�p 1iNNO1' : TOTAL CURRENT WORK OEM= 111111W.] HOURS 0.50 0.50 0.60 0.30 1.90 335.50 $273-00 62.50 Page 465 of 1471 Attorneys at Low 3099 East Commercial Boulevard Suits 200 Fort Lauderdale. Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNTNO; Boynton Beach FL 33425 STATEMENT NO: F,7� =17 I 1-8=016 SHB Receive surplus diec* from derik of court; check court docket. Follow up with Swenson and FLN. M-� K T �ka � RECAPITULATION HOURS HOURLY RM 0.30 $195.00 K.717,16 IT z I Eli a 0 =L,71 PIT. -I WV I I 1�0 �,,- 11 �-� HOURS 0.30 0.30 58.50 TOTAL $58.50 58-50 $58.50 Page 466 of 1471 ["jZL4MqW" Attorneys at Law 30% East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 M Ire Boynton Beach FL 33425 Attn: Lynn Swanson : 1W ; i g: ij Z : !1= 08131=16 SHB Prepare and fie Notice of Supplemental Authorig FOR CURRENT SERVICES RENDERED 0 f:�l i1m:4911i MAW"a NIEL q RECAPITULATION HOURS HOURLY RATE TOTA 0.30 $195.00 $58.50 K -M Page 467 of 1471 Boynton Beach Fl. 33425 F�TMMWMIIR Attorneys at Low I Boulevard _a P � 3099 Eaat Commercial Boulevard A 'o r Suits 200 tat's M 'at 7Fort Lauderdale, Florlds 33308 W Telephotne (954) 771-4500 EZQ= - - 15/31[2016 SHB Prepare and file Notice of Supplemental Authority. FOR CURRENT SERVICES RENDERED • EFT96TO �,W M L-I(sl IWJMl120L" RECAPITULATION HOURS HOURLY RATE TOTAL 0.30 $195-00 $58.50 rff,T591111 1,101VA 4 MMLr- MEMKIF -a Page 468 of 1471 Atbomeys at Low g " I a 3099 East Commercial EBIoulevard 77 Its 200 Suite 200 Fort Lauderdale, 2»4»2 3308 T W ho e elephone (954) 771-4500 M -'J: Wr -7M:005-4><4.17�1-- Boynton Beach FL 33425 M412016 FLIN Reviewed Order Setting Residential Foreclosure Non -Jury FOR CURRENT SERVICES RENDERED RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $195.00 $39.00 Page 469 0 1471 wi lg&'] a -.TOYA j i to] z viggel - U-14 ILZ- Boynton Beach FL 33425 Attn. Lynn Swanson =@jl 57 . 11;fT.Ti�jIll[a Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Ficnida 33308 Telephone (954) 771-4500 -18/04/2016 FLN Reviewed Courts Oiler on Status of Hearing, reset 1br October 2016 on complation of final mollification. 0 1 Im I 4�I*Igg M-11ZIMMO RECAPITULATION HOURS HOURLY RA 0.10 $195. X41411 "TrAM, OLGA MMK= MEMMEMP HOURS 0.10 6.-1-0 19.50 TOTAL $19.50 19.50 $19.50 Page 470 of 1471 Attomeys at Law W e 3099 East Commercial Boulevard o � Sulte 200 Fort LauderdEle, Florlt33308 Telephone (954) 771-4500 1 0-. 0 1 0< =»±«. Atin. Lynn Swanson OM2016 SHB Follow up re: status of criminal case and pre4rial conference. FOBCUT WAX- SESVICES TEVDESSD-- M-i I "A1qW:491j]:j W"10441 M 1 :1 I A 0 1 RECAPITULATION HOURSHOURLY RATE TOTAL 0.30 $195.00 $58.50 NOR= 57, 7; =—, MEMMEM � Page 471 0 1471 Attorneys at Law 3099 East Commercial Boulevard Suite 2DO Fort Lauderdale, Florida 33308 Telephone (9R) 7714500 CITY OF BOY ON BEACH 100 East Boynton Beach Boukward ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: AtIn. Lynn Swanson W� 15 in TA =74 ' Fq I MIR Tj o F1 1 *1 08/05Q116 FLN Reviewed documents and pleadings in light of pending stipulation for dismissal and to figum out next steps for Commission review in light of existence of surplus. 16/192016 FLN Sent follow-up email to Christopher Yannuzzi on this matter, communicated with Plaintiffs counsel on status of matter. FOR CURRENT SERVICES RENDERED Froy0viE f �1*1 KIWTX11112r� TWM�� RECAPITULATION HOURS HOURLY RATE 1.30 $195.00 HOURS 0.80 0.50 1.30 253-50 TOTAL $253.50 253.50 $253.50 Page 472 of 1471 Attonneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY #r$#» #»BEACH A=- - I -", 1 -14! 0 -2 owly- : if ;1 W4.. Attn:L n Swenson Q mg= 7.r. F.J: qlbliiM 1 0711M 08104/2016 FLN Reviewed Order Salting Residential Foreclosure Non -Jury FOR CURRENT SERVICES RENDERED VC41 IT4 11 E ; `»©<;i I 16 I �, 1 41 0 'IF 1:4 k jj< «# RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $195.00 $39.00 U if, Mf I Z 1 &11 V VVII 1411i2l WAt«2# » R21II Page 473 0 1471 3099 Commercial Attorneys at Law f+?w <4 ??4 ¥ r £« ? ¥> ; ( « :«q+ 421#»»<«»=»«e0 w.w Attn: Ln Swenson <t<y< FLN Discussed CIt»statement of claim with Erin Dunn, reviewed information received from Erin in preparation of filing CRys claim. 2#t ?? »»»»f«?»» f»2#»f»# »#<« 4 d 9f©n ANK =2x«22 » 2 Ili= ,. 1--1JFAP?114z1» RECAPITULATION HOURS HOURM95. RA . . . ....£§# Page 474 0 1471 Attorneys at Law 3099 East Commercial Boulevard . Suite 200 Fort Lauderdale, Florida 33308 Telephone (9%) 771-4500 CITY OF BOYNTON BEACH 1# :s 4-1-1 i &� -042 :r w :o adv. The Bank of New York Mellon Trust Company, N.A. (White, Jack) 1*01 DI 4. V48 12.1 wZIM �A Iri's I RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $195.00 $39.00 MEMOM MENEFFM EM Page 475 of 1471 Atiorneys at Law I Bo le"rd 3099 East Commercial Boulevard om Suffte 200 Fort Lauderdale. Florida 33308 W Telephoto (954) 7714,500 CITY OF BOYNTON BEACH ':OM 5MV =-5t Attn: Lynn Swenson 08/10/2016 FLN Reviewed Plaintiffs Notice of Readiness for Trial. FOR CURRENT SERMES, RENDERED RMIAITEM,"MOR HOURS 11t0Q0QRLY MRA 0.20 $195., 1 MEMOM MEMIM17- HOURS 0.10 0.10 6.2-0 39.00 TOTAL $39.OD 39.00 $39.00 Page 476 of 1471 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 BoynIon Beach FL 33425 Attn: Lynn Swanson adv. Wells Fargo Bank, N.A. (RHA 2. LLC, at al.) 08/1812016 FLN Reviewed affidavit of servios and motion for default against Defendant Odyssey. FOR CURRENT SERVICES RENDERED PwAgg m11r1z1"z1=*1!*m1 TOTAL CURRENT WORK 0999= L" RECAPITULATION HOURS HOURLY RATE 0.10 $195-00 HOURS 0.10 0.10 19.50 TOTAL $19.50 19.50 $19.50 Page 477 of 1471 Attomeys at Law a 3099 3ast Commercial Boulevard 7 �I Suite 200 F■ L _a 'd 8 od LauderdWele, Florida 33308 WD Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 Fag Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson 08/17/2016 FLN Reviewed Plalnffs Motion for ClerWs default against various Parties; Affidevi) of Non Military Service; Notice of Dropping Parties; Notice of Change of Attomey of Record. 1111LIAI-4:4411: a I'MILIV, 3UM0,1013 11 F-V-W.7,LNT41M�4 RECAPITULATION HOURS HOURLY RATE 0.30 $195.00 I 1111:411IN [*),A TI Wklj 014 07-1 .10171 HOURS 0.30 0.30 58.50 TOTAL $58.50 68.50 $58.50 Page 478 of 1471 T t as ys o Atrneys at Law ) 309NO East Commercial Boulevard rol o 10 S �rlda,33308 uits 200 ort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Atin. Lynn Swanson k9we-17W, =7 -A M 08/0212016 SHB Telephone conference with Oldbury re: last chance agreement. Receive and review correspondence sent to Collet and Garcia. Various correspondence with Garcia re: last chance agreement. FOR CURRENT SERVICES RENDERED 9. . RECAPITIJUJI01% HOURS I-InQU®RLY MRA 0. 60 $1g5. HOURS 0.60 0.60 117-00 TOTAL $117.00 117.00 117® Page 479 of 1471 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale. Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boyrftn each Boulevard ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO, :L n Swenson WITM.:r,MMMT-17770-FM Properties, LLC, et al.) 18/1712016 FLN Reviewed Plainffs Motion For Leave to Amend; reviewed file documents and oonfirmad City will not be oblIgated to file an Amended Answer to Amended Complaint once filed. WL,F,1g;j;;sgv4 , 17MOHMIAM-A RECAPITIPMOR HOURS HOURLY RATE 0.30 $195.00 HOURS 0.30 0.30 58.50 TOTAL $58-50 58.50 $58.50 Page 480 of 1471 Attorneys at Law 3OW East Commercial Boulevard Suits 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Boynton Beach FL 33425 adv. Secured Holdings, Inc. WrMf 12016 JAC review now pleadings FOR CURRENT SERVICES RENDERED 1111!111�1�;IV - F&MMMIALOGI RECAPITILW-MW HOURS HOURLY RATE TOTAL 0.20 $195.00 $39.00 M =-A Page 481 0 1471 3TSX,nF Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Laudefdale, Florida 33308 Telephone (954) 77144500 Boynton Beach FL 33425 Attn: Lynn Swanson adv. Branch Banking and Trust Company (EwIng, Paula A.) i 0 , 0 [AMOV140M, 0 MM016 FLN Drafted Cross Claim component of pleading, discussed filing issues with staft, filed Answer and Affirmative defenses. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE FARAH L. NERETTE 1.00 $195.00 W 7,1 TOTAL CURRENT WORK HOURS 1.00 i-0-6 ONE =. MEEKEE2 195.00 ONr Page 482 of 1471 ' I levard 'S ' "11 a T "�: �rnsys Bo Attorneys at Law 3099 East Commercial Boulevard '9 Co Suits 200 1) Fort Lauderdale, Florida 33308 W Telephone (964) 771-460D Attn: Lynn Swanson 08/05/2016 FLN Reviewed Answer Med by Co-defendent in this matter, revised stipulated agreement re. surplus and sent to City Hall for City Manager's review and signature as item was approved by City Commission on 7/1912016. FOR CURRENT SERVICES RENDERED L 00FIM M=11111 * AMPM101d, 0 RECAPITULATION HOURS HOURLY RA7M 0.50 $195.(M MT,7MAMMM �-b --* �G'f :d MEMOM MEMEET7 HOURS D. 616 7® $97.50 97.50 $97.50 Page 483 of 1471 "R'ct Attorneys at Low P at al Boulevar 2±»: Commercial 1. d c m Suits 200 F La i ort Lauderdale, Florida 33308 u Telephone (954) 771-4500 C.E410-14YA " b gli Ig - L=J. Boynton Beach FL 33425 FewTMI;�� adv. Lewis Longman & Walker, PA. (RoWnson, Nathaniel) 08MM1 6 JAC review status of interpleader ffsyK Y 9i M --. I -.q 4 Z» Y# PMUMFOMF91" RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $195.00 $39.00 M U—M— Page 484 0 1471 I' 7 t ya a! • levard m Attorneys at Law 0 3099 East Commercial Boulevard Suite 200 3 7FortLaude7rdale, Flodnda 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH Boynton Beach FL 33425 Atin. Susan Harris. Fl:,TaTrr!� Dftnilati 11M 0 0 MAW11=012 0 1 :ftrW2016 SHB Arbitration prep. Receive and review oorraspondenoe Imm Arbitrator re: Arbitration dates. Review file. Follow up with City witnesses. OBI1SM010 SHB Follow up re: witness availability for arb1tration. 08/0812016 SHB Arbitration prep. 08MQ016 SHB Arbitration prep. Follow up re: witness availability. Contact arbitrator and Union re: arbitration scheduling matters. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHANA H. BRIDGEMAN 2.10 $195.00 • HOURS 1.00 0.30 0.20 NONE= Page 485 of 1471 GOREN, CHEROF, DOODY & EZROL, P Afforneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 1 Page. 1 CITY OF BOYNTON BEACH 09/02/20111 100 East Boynton Beach Boulevard ACCOUNT NO: 306-990521! Boynton Beach FL 33425 'STATEMENT NO: 117M Photocopies 24.85 TOTAL EXPENSES THRU 08/3112016 HOURS 08101/2016 BJS Review affidavits re: contraband forfeiture. legal research,a nd fbilow up with 495.29 TOTAL ADVANCES TH RU 08131/2016 JAC 0.80 08104/2016 BJIS Review supplemental report and fbllaw up legal research, t/c with Scott Hanis, meeting with JAC 1.30 0 01 BJS Draft Petition for Probable Cause 1.00 0 01 BJS Review and final Petition lbr Probable Cause, create 1brm, and review and revIse draft Orders 0.60 08/08/2016 BJS Court hearing re: Ex -Parts Application for Probable Cause and draft follow up correspondence 2.50 FOR CURRENT SERVICES RENDERED 8.10 1,1 RECAPITULATION TIM HOURS HOURLY RATE BRIAN J. SHERMAN 6.10 $195-00 $1,189.50 Photocopies 24.85 TOTAL EXPENSES THRU 08/3112016 i4.85 08/2312016 Parking - BJS 495.29 Parking - 495.29 TOTAL ADVANCES TH RU 08131/2016 TOTAL CURRENT WORK 1,709.64 Page 486 of 1471 Page: 2 CITY OF BOYNTON BEACH 09/0212016 ACCOUNT NO: 308-0905219 STATEMENT NO: 11799 v. Mathaney, Derrell Forfeiture of $2,959.87 in US Currency BALANCE DUE 1,7 Page 487 of 1471 P Attorneys at Law 3099 East Commercial Boulevard Sufte 200 Fort Lauderdale, Florida 33308 Telephone (964) 771-4500 1 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO: Boynton Beach FL $3425 STATEMENT NO; Attn: Lynn Swanson 08/12/2016 FLN Reviewed Summons, pleadings and applicable in preparation of drafting City's Answer and Affirmative Defenses. 0811512016 FLN Drafted Answer and Affirmative Defenses rw. Interpleader action. 08/19QO16 FLN Revised and filed City's Answer and Affirmative Defenses after reviewing affidavit received from City. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE FARAH L. NERETTE 4.50 $195.00 TOTAL CURRENT WORK HOURS 1.20 1.80 1.50 ;.50 77® TOTAL $877.50 877.50 $877.50 Page 488 of 1471 UOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commerdal Boulevard Suits 200 Fort Lauderdale. Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 0 4 - TTd VA 94. 'M W T I "-. Q! 1 M M& ;X11-1 m WNE, mL n Swanson VTWT�m qwmftlg U.S. Currency) 08/0612016 BJS Draft 11bilow up correspondence re: McCrey with legal research FOR CURRENT SERVICES RENDERED TIMEK99EER BRIAN J. SHERMAN RECAPITULATION HOURSHOURLY RATE TOTAL 0.50 $195.00 $97.50 W— Page 489 0 1471 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 ACCOUNT NO: Boynton Beach FL 33425 STATEMENT NO: Attn: Lynn Swanson adv. Freeman, Luanne (False Arrest) Billing Category: 18-RLO Claim #001470 -000348 -GB -01 08/08f2016 TAD Receipt and review of notice of deposition of plaintiff, Rowley and Rounds. Receipt of correspondence from plaintiff re: deposition of officers. 08/17/2016 TAD Prepare correspondence to officer Hemy re: deposition and meeting. 08/18/2016 TAD Receipt and review of correspondence from Davis counsel re. deposition of Davis. Receipt of renotice of deposition of plaintiff and witnesses. Prepare correspondence to plaintiff re: deposition of Harris. 08119/2016 TAD Receipt and review notice of deposition of officers and prepare correspondence to plaintiff re: same. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK A Wa c J.11 W.11 k[Ij RECAPITULATION HOURS HOURLY RATE 0.90 $195.00 Page: 1 09102/2016 306-9905039 11802 HOURS 0.20 0.20 0.30 0.20 0.90 175.50 TOTAL $175.50 175.50 $175.50 Page 490 of 1471 Attorneys at Law 3 - •• East Commercial• - r Suite !! Fort •- .ale, Florida 33308 Telephone 9 0 BeachBoynton cr,., Attn: Lynn Swanson adv. Bertrand, Dieuseul (BBPD arrest) Billing Category 18-RLO Claim #001470 -000290 -GB -01 08/08/2016 TAD Receipt and review of order from court re: status conference. FOR CURRENT SERVICES RENDERED jolamax 4' 11141wal+ 1. TOTAL CURRENT WORK ACCOUNT NO: STATEMENT NO: HOURS 0.10 0.10 RECAPITULATION HOURS HOURLYRATE TOTAL Page: 1 09/02/2016 306-9905044 11803 19.50 19.50 a Page 491 of 1471 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Boynton Beach FL 33425 Attn: Lynn Swanson adv. Johnson, Carol (slip & Fall) Billing Category 18-RLO Claim #001470 -000339 -GB -01 08/23/2016 TAD Receipt and review of correspondence from adjuster re: settlement and release. Review release. Prepare correspondence to adjuster re: same. FOR CURRENT SERVICES RENDERED ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.40 $195.00 Page: 1 09/02/2016 306-9905054 11804 HOURS 0.40 0.40 78.00 TOTAL $78-00 78.00 $78.00 Page 492 of 1471 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: I CITY OF BOYNTON BEACH 09/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905056 Boynton Beach FL 33425 STATEMENT NO: 11805 Attn: Lynn Swanson adv. Jones, Thomas Billing Category 18-RLO Claim #001470 -000399 -PI -01 08/12/2016 TAD Telephone conference with adjuster re: status. Receipt of updated claims report. FOR CURRENT SERVICES RENDERED 1glivifwagglucl- HZIF-04SVEMB , , * RECAPITULATION HOURS HOURLY RATE TOTAL 0.30 $195.00 $58-60 0.30 0.30 58-50 Page 493 of 1471 OR .• !t*U R!' Attorneys 3099 East Commercial Boulevard Suite 1! Fort Lauderdale, Florida 33308 Telephone 10 Page: 1 CITY OF BOYNTON BEACH 09/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905062 Boynton Beach FL 33425 STATEMENT O: 11806 Attn: Lynn Swanson adv. Mina, German (slip & Fall) Billing Category: 18-RLO Claim #001470 -000340 -GB -01 Page 494 of 1471 HOURS 08/09/2016 STM Reviewed and drafted responses to the Defendant's Request for Production and their Service of Interrogatories. 1.00 TAD Receipt and review of correspondence from adjuster and prepare response to same. Receipt of discovery to the City. 0.30 08/15/2016 TAD Receipt and review correspondence from plaintiff re: mediation. Prepare correspondence to client re: mediation. 0.30 08/18/2016 TAD Receipt and review of notice of mediation. Prepare certificate of mediation authority. Prepare correspondence to client re: mediation. Review trial order re: disclosures. 0.60 JAC review depo of Collet; discuss status with TD 1.00 08/22/2016 STM Receipt and reviewed Summons, Complaint and City's Affirmative Defense. Reviewed City's Request for Production and Interrogatories to Plaintiff. 1.00 STM Receipt and reviewed Plaintiffs Response to City's Request for Production and Interrogatories 0.50 08/23/2016 STM Continued review discovery by the Plaintiff. 0.50 STM Prepared (Claim Information) for trial. 2.00 STM Prepared/Drafted Answers to Plaintiffs Request for Production and Interrogatories. 2.00 STM Receipt and reviewed Plaintiffs Request for Production and Interrogatories to the City. 1.00 STM Reviewing additional discovery, medical Records. Preparing for Trial. 1.00 TAD Review medical claims records re: information for expert and exhibit list. Review and amend witness and exhibit lists to include additional information. Prepare correspondence to investigator re: surveillance report. Prepare notice of non-party production to doctors and former employer. Prepare subpoena to Dr. Uricchio, Prepare subpoena to Health Care Center of Delray. Prepare subpoena to Double Eagle Distributors. Prepare correspondence to Dr. Zeide re: review. Review web information on the plaintiff and witnesses. 3.80 Page 494 of 1471 Page: 2 CITY OF BOYNTON BEACH 09/02/2016 ACCOUNT NO: 306-9906062 STATEMENT NO: 11806 adv. Mina, German (slip & Fall) 08/24/2016 STM Prepared and Drafted Expert Witness List. STM Reviewing and organized all medical records and other Exhibits for Trial Notebook. STM Reviewed and Summarizing all Depositions in preparation for trial. Chris Collet, Dwight Saufter. HOURS 2.00 WE 08/25/2016 STM Reading and summarizing depositions in preparation for trial. Marla Galindez, Greg Koch and Davieh Hedenan. 5.00 08/26/2016 TAD Prepare second request for production and interrogatories to plaintiff re: claims and medical expenses. Prepare revisions to notice of non-party production and subpoenas for additional requests. 2.30 08/29/2016 TAD Telephone conference with expert regarding review and claims. Prepare letter to expert regarding same. Review trial order regarding pretrial disclosures. Prepare exhibits for trial. 1.20 08130/2016 STM Continue preparing trial notebook. Prepared Trial notebook for expert. 5.00 08/31/2016 TAD Meet with parks manager regarding information on trial and testimony. Reveiw claims and issues for evaluation. 0.80 STM Continue preparing trial notebooks for trial. 7.50 FOR CURRENT SERVICES RENDERED 44.30 TIMEKEEPER HOURS HOURLY RATE_ TOTAL JAMES A. CHEROF 1. $195.00 $195.00 SHERIE T. MALDONADO 34.00 125.00 4,250.00 TRACEYA. DECARLO 9.30 195.00 1,813.50 Photocopies TOTAL EXPENSES THRU 08/31/2016 TOTAL CURRENT WORK s 6,258.50 r Page 495 of 1471 Attorneys i ' at Law 3099 East Commercial• r Suite 11 Fort Lauderdale, • i Telephone 9' 11 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 07/27/2016 STM Continued -reviewing CD from Plaintiffs office regarding missing discovery. Download and reviewed to ensure all document were received, per our Request for Production. Also reviewed CD for Medical Invoice/payment's received from other sources. 08/01/2016 STM Continued reviewing Public Records Request, 3,000 emails. 08/02/2016 STM Reviewing Public Records Request, 3,000 emails. 08/03/2016 STM Continued reviewing Public Records Request, 3,000 emails. 08/04/2016 STM Continued reviewing Public records Request, 3,000 emails. 08/05/2016 STM Reviewing Public Records Request; response documents. 08/08/2016 STM Reviewing Public Records Request, 3,000 emails. TAD Receipt and review of correspondence from City re: response to records request and prepare response to same. 08/09/2016 STM Continued reviewing Public Records request, 3,000 emails. 08/10/2016 STM Reviewing the 3,000 emails, per the Public Records Request. 08/11/2016 STM Finished reviewing the 3,000 emails for the Public records Request. 08/12/2016 TAD Receipt and review of correspondence from city with claims report. Receipt and review of reply. 08/15/2016 TA Receipt and review of memorandum re: documents from the City re: history of complaints and risk matters. Prepare correspondence to the City re: response to discovery. Receipt of correspondence from plaintiff re: amendment of complaint. 2.00 7.50 7.30 7.50 7.50 6.50 6.50 0.20 6.00 5.00 5.50 Page: 1 09/02/2016 306-9905069 11807 0.30 1.30 Page 496 of 1471 Page: 2 CITY OF BOYNTON BEACH 09/02/2016 ACCOUNT NO: 306-9905069 STATEMENT NO: 11807 adv. Oldham, Dana (fall) 08116/2016 STM Reviewed and revise, Motion to Compel, to add Interrogatories to discovery. 08/18/2016 STM Reviewed previous notes and continued researching Witnesses on the Plaintiffs respond to the City's Interrogatories. TAD Telephone conference with City re: response to records request. Receipt of correspondence and additional documents from City re: response to request. 08/19/2016 STM Contacted Witnesses to interview regarding claim. 08/22/2016 STM Discussion with Eye Witness, regarding setting a meeting next week, going over Witness and Tracey's schedule. We also discussed a phone interview. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER Y RATE SHERIE T. MALDONADO$125.00 TRACEY A. DECARLO 2.20195.00 TOTAL CURRENT WORK 1::7:1■�1�[/]�■1�1 HOURS 0.30 2.00 0.40 0.30 0.50 66.60 8,479.00 TOTAL $8,050.00 429.00 8,479.00 $8,479.00 Page 497 of 1471 Attorneys at Law 0.. East Commercial Boulevard Suite 200 Fort Lauderdale, Telephone *5 00 Page: 1 CITY OF BOYNTON BEACH 09/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 11808 Attn: Lynn Swanson adv. Galindez, Dennis (slip & fall) Billing Category: 18-RLO Claim #001470 -000330 -GB -01 08/08/2016 TAD Receipt of notice of hearing on motion to compel First Genesis. Receipt of correspondence from Plaintiff re: cancellation/renotice of First Genesis depositions. Receipt of correspondence from City re: response to request for production and prepare response to same. Receipt of records from City. Prepare correspondence to plaintiff re: responsive documents. Receipt of notice of filing depositions in opposition to City's Motion for Summary Judgment. Review case law and update case law re: immunity issues for hearing. Review appellate matters re: potential for interlocutory appeal. Prepare proposed order on motion. Review deposition testimony cited by plaintiff. 08/09/2016 TAD Prepare correspondence to plaintiff re: 3rd Supplemental Response to Request for Production and response to 5th Request for Production. 08/10/2016 STM Summarize Deposition transcript of Larry LePage taken on October 30, 2015. TAD Review additional case law re opposition to motion for summary judgment. Review deposition of Harris and LePage re: Plaintiffs citations in opposition and prepare additional argument for hearing on motion for summary judgment. 08/11/2016 TAD Review filing by Plaintiff counsel in opposition to motion re: deposition information. Attend hearing on motion for summary judgment. STM Summarize Deposition Transcript of Chief Kelly Harris 08/12/2016 TAD Receipt and review of motion to compel deposition of First Genesis. 08/15/2016 STM Prepare Summary of Deposition's in preparation for Trial. Anthony Maghanti, Carlos Reinhold, Paula LeBlanc. STM Reviewing Expert Witness List and Pre -Trial Stipulation in preparation for Trial. Reviewed Pre-trial Stipulation to the Exhibit list. Discuss Exhibit List with Tracey in preparation for trial. TAD Receipt and review of correspondence from Plaintiff re: depositions of First Genesis. HOURS 3.10 0.20 1.00 2.10 4.80 2.00 0.10 5.50 1.00 0.10 Page 498 of 1471 Page: 2 CIT( OF BOYNTON BEACH 09/02/2016 ACCOUNT NO: 306-9905083 STATEMENT NO: 11808 adv. Galindez, Dennis (slip & fall) 08/16/2016 TAD Receipt and review of correspondence from plaintiff re: hearing on motion to Photocopies TOTAL EXPENSES THRU 08/31/2016 TOTAL CURRENT WORK fT�[+I11'►�i�"�T:#�1I*11��I��C��ii�[+f�11�7��7t1:�i1T1 HOURS 0.10 0.20 0.20 2,00 2.50 0.40 2.50 0.20 28.00 4,305.00 56.00 _........... ..... 56.00 4,361.00 Page 499 of 1471 compel. 08/18/2016 TAD Receipt and review of correspondence from plaintiff re: depositions of Moots and Brody. Receipt of renotice of hearing on motion to compel. 08/19/2016 TAD Receipt and review of correspondence from plaintiff and First Genesis counsel re: depositions of First Genesis personnel and motion to compel. 08/22/2016 STM Continuation of Summarizing Depositions in preparation for trial (Depositions of Dennis Galindez). 08/25/2016 STM Continued summarizing depositions in preparation for trial. Chief Kelly Harris & George Zimmerman. 08/26/2016 TAD Receipt of correspondence from plaintiff re: depositions of City employees. Receipt of order on motion for summary judgment. 08/30/2016 STM Continued summarizing deposition's in preparation for trial. Dennis Galindez. 08/31/2016 TAD Receipt of correspondence regarding trial and prepare response to same. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER SHERIE T. MALDONADO 16.50 12 . TRACEY A. DECARLO 11.50 195.00 Photocopies TOTAL EXPENSES THRU 08/31/2016 TOTAL CURRENT WORK fT�[+I11'►�i�"�T:#�1I*11��I��C��ii�[+f�11�7��7t1:�i1T1 HOURS 0.10 0.20 0.20 2,00 2.50 0.40 2.50 0.20 28.00 4,305.00 56.00 _........... ..... 56.00 4,361.00 Page 499 of 1471 GOREN, CHEROF,*D- Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone Page: 1 CITY OF BOYNTON BEACH 09/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905093 Boynton Beach FL 33425 STATEMENT NO: 11809 Attn: Lynn Swanson adv. Jenkins, Gail and Leon (Demolition) Billing Code: 18-RLO Claim #001470 -000382 -GD -01 HOURS 08/09/2016 TAD Receipt and review plaintiffs Second Amended Complaint. Review case law re: claims and prepare motion to dismiss. 2.30 08/11/2016 TAD Receipt and review of documents from city re: response to request for production. Revise motion to dismiss. 0.80 08112/2016 STM Prepare response to request for production. 0.40 STM Reading and summarizing depositions. 7.10 08/16/2016 JAC review/research regarding Amended Complaint; research fraud issue 0.50 08/23/2016 TAD Review information on code issues with property and history of plaintiffs and revise request for production to include additional requests. 1.30 08/25/2016 TAD Review information from City regarding demolition costs. Review ordinance regarding lien requirements. Telephone conference with City regarding lien information. 0.40 FOR CURRENT SERVICES RENDERED 12.80 1,971.00 1 @ � TIMEKEEPER HOURS M*JRLY RATE TOTAL JAMESA.CHEROF 0.50 $195.00 $97.50 SHERIE T. MALDONADO0 125.00 937.50 TRACEY A. DECARLO 4.80 195.00 936.00 Photocopies 8.40 TOTAL EXPENSES THRU 08/31/2016 8.40 Page 500 of 1471 Page: 2 CITY OF BOYNTON BEACH 09102/2016 ACCOUNT NO: 306-9905093 STATEMENT NO. 11809 adv. Jenkins, Gail and Leon (Demolition) TOTAL CURRENT WORK 1,979.40 BALANCE DUE $1,979.40 WiT, [all] kiW1=11 =LTAr@1wW%1 ".*1 Page 501 of 1471 Attorneys at Law 09 Commercial Boulevard Suite 10 Fort Lauderdale, Florida 33308 Telephone(954) 771-4500 Page: 1 CITY OF BOYNTO CH 09/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905097 Boynton Beach FL 33425 STATEMENT NO: 11810 Attn: Lynn Swanson adv. Baez, Estela (slip & fall) Billing Category 18-RLO Claim #001470 -000364 -GB -01 HOURS 08/12/2016 TAD Telephone conference with adjuster re: status of claim. Prepare correspondence re: answer and discovery. Review Plaintiffs discovery responses and Plaintiffs motion to strike. 1.80 08/17/2016 STM Researching rules and finding out where to serve Subpoena's on few Cell Phone Carriers and out of state Carriers. 1.50 STM Prepared and Drafted Subpoena duces Tecum Without Depositions and Non Party Production. 1.20 08/18/2016 TAD Receipt and review of objection to subpoena and prepare notice of hearing on same. 0.20 08119/2016 T Extended telephone conference with Leisureville counsel re: indemnity and insurance demand. Review corporations website re: amended notice. Prepare amended notice to Leisureville Association. Receipt of correspondence from plaintiff counsel re: objections to discovery and prepare response to same. Review of documents produced by plaintiff in response to request for production. 1.30 08/22/2016 STM Review plaintiff's objection to Non -Party Subpoena for information. Revised the Subpoena for Non -Party Production. 0.50 STM Receipt and reviewed new discovery. Additional compiled updated medical records and other various document, pertaining to the City's Request for Production. Updated claim information. 2.50 STM Amended Non -Party Production to revise time line of requested documents. and revised the Subpoena Non -Party Production. 0.50 TAD Prepare correspondence to plaintiff regarding changes to subpoena in response to objections and receipt of response to same. 0.20 08/25/2016 TAD Telephone conference with Leisureville counsel regarding claim and prepare correspondence to him with photographs. Extended telephone conference with plaintiff counsel regarding discovery issues. Receipt and review of proposed order on motion to strike. Revise order and prepare Page 502 of 1471 Page: 2 CITY OF BOYNTON BEACH 09/02/2016 ACCOUNT NO: 306-9905097 STATEMENT NO: 11810 dv, Baez, Estela (slip & fall) correspondence to plaintiff counsel re: revisions. Receipt of second correspondence from plaintiff re: motion to strike. 08/26/2016 TAD Receipt of correspondence to the court re: proposed order. Receipt of notice of cancellation of hearing. Receipt of correspondence from Leisureville counsel re: review of claims. Prepare memorandum re: information from Leisureville. Telephone conference with Leisureville litigation counsel re: claims and issues with work in area of sidewalk. Prepare correspondence to counsel re: confirmation of discussions. 08/31/2016 TAD Receipt of order on motion to strike from the Court. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER Y RATE SHERIE T. MALDONADO 6.20 $125.00 TRACEY A. DECARLO5.90 195.00 Photocopies TOTAL EXPENSES THRU 08/31/2016 TOTAL CURRENT WORK HOURS 1.20 1.10 0.10 12.1 TOTAL $775.00 1,150.50 1,925.50 1.05 1.05 1,926.55 Page 503 of 1471 Attorneys at Law 3 - 1,• East Commercial• .:r Suite 200 Fort d+_Florida 33308 Telephone • 1 Page: 1 CITY OF BOYNTON BEACH 09/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905102 Boynton Beach FL 33425 STAT NO: 11811 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category -18RLO Claim #001470 -000369 -AB -01 08/17/2016 STM Reviewed and drafted response to Plaintiff Request for Admission. HOURS 08/11/2016 TAD Receipt and review of complaint. Review report and claim information and 1.50 STM prepare answer and affirmative defenses. 1.90 08/12/2016 TAD Receipt of correspondence from adjuster re: answer. Revise discovery to 1.50 08/18/2016 STM plaintiff to include additional information. 0.40 08/16/2016 STM Reviewed and Set up the file. 1.00 STM Receipt and reviewed the entire file, anticipation for discovery. Reviewed 1.00 STM correspondence from Claim Agent. 2.00 STM Receipt and reviewed the plaintiffs summons, Complaint. 2.30 STM Prepared and Drafted Request for Production and Notice of Service of Interrogatories for Plaintiffs Counsel. 1.90 08/17/2016 STM Reviewed and drafted response to Plaintiff Request for Admission. 1.50 STM Reviewed and drafted response to Plaintiffs Request for Production. 1.50 STM Reviewed and drafted answer to the Plaintiffs interrogatories served on the City. 1.50 08/18/2016 STM Discussion with TD, regarding the drafted request for production and Interrogatories, prepared on the Plaintiff. 0.30 STM Revise discovery. 1.00 STM Reviewed emails from the adjuster, Rick Cruz. Download and reviewed the additional discovery. Emailed Mr. Cruz and follow up on discovery. 0.20 08/19/2016 TAD Revise answer and affirmative defenses to include additional defenses. Revise response to request.for production re: objections. 0.50 STM Receipt and reviewed the Summons, Complaint and the City's Affirmative Defense. Prepare (Claim Information). 1.00 STM Receipt and reviewed entire medical records. 1.30 STM Receipt and reviewed CD, with the entire claims file. Reviewed additional Medical Records. 1.30 08/24/2016 TAD Revise response to interrogatories. Telephone conference with former Page 504 of 1471 Page: 2 CITY OF BOYNTON BEACH 09/0212016 ACCOUNT NO: 306-9905102 STATEMENT NO: 11811 adv. Blutcher, Pamela (MVA) 08/31/2016 TAID Attend meeting with driver regarding discovery responses and information on incident. Revise discovery responses. Receipt of correspondence from City re: damage information. TOTAL CURRENT WORK 7,21 3061=111011A RECAPITULATION HOURS HOURLY RATE 16-80 $125,00 6.10 195.00 UK q5111 E 0 9 1 a 0 • �* f W 1*6171 HOURS 0.50 2.80 22.90 3,289.50 TOTAL $2,100.00 1,189.50 3,289.50 $3,289.50 Page 505 of 1471 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Boynton Beach FL 33425 r-TRTITRI71MI&TIT =I. a adv. Bass, Fernando (false arrest) Billing Category: 18-RLO Claim #001470 -000374 -PP -01 ACCOUNT NO: STATEMENT NO: HOURS 0810212016 JAC Prepare for discussion with commission and follow up regarding settlement 0.80 08/08/2016 TAD Receipt and review of order dismissing case. Receipt of correspondence from adjuster re: status and prepare response to same. Receipt of stipulation for dismissal. Receipt of correspondence from plaintiff and officer counsel re: stipulation. Revise release of claims. Prepare correspondence to officer counsel re: release. 1.60 08/09/2016 TAD Telephone conference with Plaintiff counsel re: release. Prepare correspondence to all counsel re: release. 0.20 08/17/2016 TAD Receipt and review of correspondence from plaintiff re: release. Receipt of release. Prepare correspondence to adjuster and City re: release. 0.30 08124/2016 SHB Attend deposition of Assistant Chief Kelly Harris. 3.50 FOR CURRENT SERVICES RENDERED 6.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $195.00 $156.00 SHANA H. BRIDGEMAN 3.50 195.00 682.50 TRACEY A. DECARLO 2.10 195.00 409.50 Photocopies TOTAL EXPENSES THRU 08/31/2016 Page: 1 09/02/2016 306-9905110 11812 1,248.00 0.70 0.70 08/1512016 Federal Express - Invoice 5-521-28726 15.72 Page 506 of 1471 Page: 2 CITY OF BOY TON BEACH 09/02/2016 ACCOUNT NO: 306-9905110 STATEMENT NO: 11812 ORM TOTAL ADVANCES THRU 08/31/2016 15.72 TOTAL CURRENT WORK 1,264.42 BALANCE DUE $1,264.42 Page 507 of 1471 �?-A- Aftorneys 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 (bikelgrate accident) Billing Category: 18-RLO Claim #001470 -000373 -GB -01 08/26/2016 TAD Receipt and review of plaintiffs notice for trial. Receipt of correspondence to the court regarding notice. I I UT M-4921:91 1111MONWRIM61 TOTAL CURRENT WORK RECAPITULATION HOURS HOURLY RATE 0.20 $195.00 Page. 1 09/02/2016 306-9905111 11813 HOURS 0.20 0.20 39.00 TOTAL $39.00 39.00 $39.00 Page 508 of 1471 GOREN, CHEROF,rrD-• CommercialAttorneys at Law 3099 East r ar Suite 200 Fort Lauderdale, 1 Telephone 00 Page: 1 CITY OF BOYNTON BEACH 09/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905117 Boynton Beach FL 33425 STATEMENT NO: 11814 Attn: Lynn Swanson adv. Harris, Byron (excessive force) Billing Category: 18-RLO Claim #001470 -000378 -PP -01 08/08/2016 TAD Receipt of correspondence re: deposition of chief and issues. Receipt of motion to depose plaintiff and supplemental motion. Receipt of correspondence re: deposition of plaintiff. Receipt of notice of compliance with request for records. Receipt of amended notice of deposition of Chief, Miarino and Medeiros. Receipt of records from Broward Eye, Subway and Workforce. Receipt of Expert witness disclosure. Receipt of plaintiffs medical expert report. Receipt of police practices report. 08/12/2016 TAD Receipt and review of correspondence from counsel re: issues with deposition of plaintiff and report on Brown deposition. 08115/2016 TAD Receipt and review of proposed order and correspondence re: same. Receipt of motion for deposition of plaintiff and correspondence to court re: same. Receipt of defendant Miaorino answers to interrogatories and response to request for production. 08/16/2016 JAC review status to brief LL and commission 08/17/2016 TAD Receipt and review of correspondence from Court re: plaintiffs deposition. Telephone conference with City counsel re: issues with deposition of plaintiff, 08/18/2016 TAD Receipt and review of correspondence from counsel re: depositions of City employees and officers. Receipt of amended notice of deposition of Karp from PBSO. 08/19/2016 TAD Receipt and review of correspondence from counsel re: information on officer's depositions and receipt of transcripts. 08/22/2016 TAD Receipt and review of plaintiffs expert reports regarding meeting with City. Receipt and review of order on motion to dismiss. 08/2312016 Prep for deposition of Assistant Chief Harris; review complaint. TAD Receipt and review correspondence re: employee depositions. Receipt of HOURS 1.50 0.20 0.50 1.20 0.30 0.20 0.80 1.90 0.60 Page 509 of 1471 Page: 2 CITY OF BOYNTO CH 09/02/2016 ACCOUNT NO: 306-9905117 STATEMENT NO: 11814 notice of deposition of Bedard. Telephone conference with City counsel re: police practices expert report from plaintiff. Receipt of 2nd and 3rd Request for Production to the City and correspondence re: same. 08/25/2016 TAD Receipt and review of correspondence from the City re: motion regarding plaintiffs deposition. Receipt of proposed motion. Receipt of correspondence from the Plaintiff and officer counsel regarding proposed motion. JAC review Key depositions; discuss with TD 08/26/2016 TAD Receipt of correspondence regarding depositions of employees and of Plaintiff. 08/29/2016 TAD Attend deposition of Chief Katz. Confer with City outside counsel re: records from City. Confer with Plaintiff re: evidence issues. Confer with Chief re: continued testimony and anticipated questions. 08/30/2016 TAD Review of depositions of Maiorino, Ryan and Martinez regarding meeting with City. 08/31/2016 TAD Receipt of correspondence from City counsel re: information on history of passengers and information on defense expert. Receipt of documents from Plaintiffs expert regarding medical claims. Review correspondence from police department re: response to request for production. Review request and provide response to inquiry regarding scope of response. FOR CURRENT SERVICES RENDERED TIMEKEEPER J SHANA H. BRIDGEMAN T TOTAL CURRENT WORK 7,11_1kiEel 21 P1 I] RECAPITULATION HOURS HOURLY RATE 0 $195.00 0.60 195.00 15.00 195.00 0.80 0.30 1.20 0.40 ..E 0.90 18.00 TOTAL $468.00 117.00 2,925.00 3,510.00 3,510.00 Page 510 of 1471 Attorneys at Law 19' East Commercialw - w Suite 11 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 HOURS 08/08/2016 TAD Receipt and review of correspondence from adjuster re: status and prepare response to same. Review of order from court to show cause. Review incident report and complaint and prepare for the deposition of plaintiff. 1.50 08/09/2016 TAD Telephone conference with co -counsel re: discovery. Attend deposition of plaintiff. (no appearance) 3.80 08/15/2016 TAD Receipt and review of correspondence from Munro counsel re: joint motion and prepare response to same. Prepare correspondence to city re: status. 0.40 08/16/2016 TAD Receipt and review of order granting motion to compel. 0.20 08/19/2016 JAC review case/ claim status 0.30 FOR CURRENT SERVICES RENDERED 6.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMESA.CHEROF 0.30 $195.00 $58.50 TRACEYA.DECARLO 5.90 195.00 1,150.50 Photocopies TOTAL EXPENSES THU 08/31/2016 1.170W12103:111110] Page: 1 09/02/2016 306-9905131 11815 1,209.00 3.85 3.85 1,212.85 $1,212.85 Page 511 of 1471 Attorneys at Law !• East CommercialBoulevard Suite !! Fort Lauderdale, Florida 33308 Telephone" Ili CITY OF BOYNTON BEACH BeachBoynton cr;R Attn: Lynn Swanson adv. Wade, George (auto accident) Billing Category: 18-RLO Claim #001470 -000380 -AB -01 08/11/2016 TAD Revise correspondence to plaintiff re: discovery issues. 08/12/2016 TAD Receipt of report from adjuster re: claims status. ACCOUNT NO STATEMENT NO HOURS 0.20 0.20 08/18/2016 STM Reviewed all medical records and Plaintiffs response to City's Interrogatories and prepare Subpoena Duces Tecum and notice of Non -Party Production. 2.00 STM Prepared and Drafted Subpoena duces tecum without deposition along with Non -Party Production on previous doctors and hospitals. 2.00 TAD Receipt and review of correspondence from plaintiff counsel re: response to discovery. Review and revise subpoena to non-parties re: plaintiffs records. 0.30 08/19/2016 TAD Receipt and review of correspondence from plaintiff re: amended response to discovery and prepare response to same. 0.20 08/22/2016 TAD Receipt and review correspondence from adjuster re: status and prepare response to same. 0.10 08/23/2016 TAD Review information on Plaintiff criminal and civil history re: deposition. Review web information on plaintiff. 2.30 08/25/2016 TAD Telephone conference with City re: interview with driver. 0.20 08/26/2016 TAD Receipt and review of correspondence from adjuster re: claims and prepare reply to same. Attend telephone conference with excess carrier adjuster re: status of claim and exposure. 0.40 STM Revised Subpoena Duces Tecum and notice of Non -Party Production to include additional information. 1.00 08/29/2016 STM Telephone call to 08/30/2016 TAD Receipt of correspondence from Plaintiff counsel re: discussions of settlement/discovery and prepare response to same. 0.20 Page: 1 09/02/2016 306-9905132 11816 Page 512 of 1471 Page: 2 CITY OF BOYNTON BEACH 09/02/2016 ACCOUNT NO: 306-9905132 STATEMENT NO: 11816 adv. Wade, George (auto accident) 08/31/2016 TAD Meet with driver from City regarding claim information and accident information. 1101;9*191=4=101 &VIVIVA Lei OWNS I I V-11 0 1 FUOYV.Wl M -sq = 129 19 VITL41 IN :J-1 W-1 ki Lei =111 9111 RECAPITULATION HOURS HOURLY RATE 5.00 $125.00 5.30 195-00 WI fi Ilk MR I 101:4 my-WeITA HOURS 1.20 10.30 1,658.50 TOTAL $625.00 1,033.50 1,658.50 $1,658.50 Page 513 of 1471 GOREN, CHEROF, r*OD-r CommercialAttorneys at Law 3099 East - Lauderdale,vard Suite 200 Fort Telephone Attn: Lynn Swanson adv. Rabelo, Raymond Billing Category: 18-RLO Claim #001470 -000391 -GB -01 HOURS 08/09/2016 TAD Receipt and review notice of cancellation of hearing on IME. Prepare for deposition of property manager. Receipt of correspondence from plaintiff re: same. Revise motion for summary judgment. Receipt of notice of non-party production and subpoenas to Midtown and Good Samaritan Medical. Receipt of Meadows response to request for production and documents produced. Receipt of Meadows answers to interrogatories. 1.40 08/10/2016 TAD Attend deposition of Alford. Confer with counsel re: status and dismissal. 4.30 08/12/2016 TAD Receipt and review of notice of jury trial. Receipt of amended response to request for production and documents. 0.80 08/16/2016 TAD Prepare correspondence to client re: deposition of Alford. Receipt of notice of filing verification page and verification. 0.60 08118/2016 TAD Receipt and review request for production to the City. Prepare correspondence to city re: questions on discovery request. 0.30 08/19/2016 TAD Receipt and review amended request to City. Prepare additional correspondence to City re: response to discovery. Page: 1 CITY OF BOYNTON BEACH 09/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905166 Boynton Beach FL 33425 STATEMENT NO: 11817 Attn: Lynn Swanson adv. Rabelo, Raymond Billing Category: 18-RLO Claim #001470 -000391 -GB -01 HOURS 08/09/2016 TAD Receipt and review notice of cancellation of hearing on IME. Prepare for deposition of property manager. Receipt of correspondence from plaintiff re: same. Revise motion for summary judgment. Receipt of notice of non-party production and subpoenas to Midtown and Good Samaritan Medical. Receipt of Meadows response to request for production and documents produced. Receipt of Meadows answers to interrogatories. 1.40 08/10/2016 TAD Attend deposition of Alford. Confer with counsel re: status and dismissal. 4.30 08/12/2016 TAD Receipt and review of notice of jury trial. Receipt of amended response to request for production and documents. 0.80 08/16/2016 TAD Prepare correspondence to client re: deposition of Alford. Receipt of notice of filing verification page and verification. 0.60 08118/2016 TAD Receipt and review request for production to the City. Prepare correspondence to city re: questions on discovery request. 0.30 08/19/2016 TAD Receipt and review amended request to City. Prepare additional correspondence to City re: response to discovery. 0.40 STM Receipt and reviewed Co -Defendant's, Meadow on the Green's Request for Production to the City. 1.00 STM Prepared/Drafted Response to Plaintiffs Request for Production to the City. 1.00 STM Emailed and telephone conversation with Assistant city Manager regarding request for production. 0.30 08/23/2016 TAD Receipt and review of order on medical examination procedure and requirements. 0.20 08/25/2016 TAD Receipt and review Meadows response to request for admissions. Review testimony of Alford re: motion for summary judgment. 0.30 FOR CURRENT SERVICES RENDERED 10.60 1,906.00 Page 514 of 1471 Page: 2 CITY OF BOYNTON BEACH 09/02/2016 ACCOUNT NO: 306-9905166 STATEMENT NO: 11817 MWTX�� - RECAPITULATION TIMEKEEPER HOURS HOURLY RATE SHERIE T. MALDONADO 2.30 $125.00 TRACEY A. DECARLO 8.30 195-00 Photocopies TOTAL EXPENSES THRU 08131/2016 TOTAL CURRENT WORK 1,910.55 Page 515 of 1471 Attorneys at Law 3099 East CommercialBoulevardSuite #1 Fort Lauderdale, Florida 33308 Telephone '' 10 Page: 1 CITY OF BOYNTON BEACH 09/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905171 Boynton Beach FL 33425 STATEMENT NO: 11818 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim #001470 -000400 -PI -01 HOURS 08/01/2016 FLN Coordinated fling of Answer and Motion to Dismiss; exchanged emails with co-defendant and plaintiffs counsel re: status of review of Joint Scheduling Conference Report. 1.00 08/03/2016 FLN TICS and Emails to Curtis Alva re: status of review of Joint Scheduling report due on 81312016; relevant emails to other counsels involved; discussed with Cynthia Dunn and filed Joint Scheduling report after resolving all relevant issues. 3.20 08/08/2016 TAD Receipt and review of correspondence re: mediation. Receipt of Hart motion to dismiss. Receipt of Hart answer and affirmative defenses. Prepare proposed scheduling order. Prepare correspondence to plaintiff and Hart counsel re: proposed order. 1.30 08/09/2016 TAD Receipt and review of correspondence from Hart counsel re: mediation and prepare response to same. 0.20 08/10/2016 TAD Receipt and review of correspondence from plaintiff re: response to motion to dismiss. Prepare response to same. Prepare correspondence to Hart counsel re: proposed order and changes. Prepare correspondence to court re: proposed order. Receipt of correspondence from Piaintiff re: order. 0.60 08/12/2016 TAD Receipt and review of discovery order from magistrate. 0.30 08/15/2016 TAD Receipt and review of documents from City re: code file information for initial disclosures. Prepare correspondence to City re: orders and status. Receipt of correspondence from plaintiff and Hart counsel re: mediation. Prepare response to same. 1.90 08/16/2016 TAD Receipt and review of correspondence from Plaintiff and Hart counsel re: mediation issues. Review information on proposed mediator. Receipt of notice of mediation. Review case law re: effect on claim of release of lien. Review information on lien. 2.30 Page 516 of 1471 Page: 2 CITY OF BOYNTON BEACH 09/02/2016 ACCOUNT NO: 306-9905171 STATEMENT NO: 11818 adv. Caliendo, Giovanni & Emily (code violation) 410111:1.� 08/17/2016 MDC Meet with TD Re: mediation, review federal rules on choice of mediator. 0.30 STM Receipt and reviewed the Standing Discovery Order for Magistrate Judge James M. Hopkins. 0.30 TAD Receipt and review correspondence from plaintiff re: mediation. Review local rules re: magistrate role and prepare correspondence to plaintiff re: same. Receipt of request to appoint mediator. Receipt of motion for extension of time. Continue review of records from City and prepare initial disclosures. 4.60 08/18/2016 TAD Receipt and review correspondence from plaintiff counsel re: notice of mediation. Prepare response to same. Prepare correspondence to mediator and receipt of response to same. Revise initial disclosures to include additional documents. 1.20 08/19/2016 TAD Receipt and review of order appointing mediator and receipt of order on plaintiffs motion for extension of time. 0.20 08/22/2016 TAD Review information on plaintiff. Revise initial disclosures to include additional documents. Review case law re: public comments. 1.80 08/23/2016 TAD Receipt and review of plaintiffs Motion for Extension of Time. Receipt of Order on same from court. 0.30 08/24/2016 TAD Receipt and review of meeting information from the Clerk re: initial 08/31/2016 TAD Receipt of correspondence from Hart counsel re: response to motion for leave to amend. Prepare response to same regarding City's issues. Receipt of plaintiffs initial disclosures. 0.60 FOR CURRENT SERVICES RENDERED 27. 5,40 .00 Page 517 of 1471 disclosures. Telephone conference with the City regarding meeting recordings and issues with same. Revise initial disclosures to include additional information. Prepare correspondence to Hart counsel re: initial disclosures. 1.40 08125/2016 TAD Receipt and review of motion for leave to amend and proposed order on same. Prepare letter to all counsel regarding motion and review trial order regarding time for amendment. Receipt of correspondence from plaintiff re: amendment. Telephone conference with Hart counsel re: amendment and response. 1.10 08/26/2016 TAD Telephone call to Hart counsel re: initial disclosures. Revise initial disclosures. Prepare correspondence to plaintiff counsel re: motion and objection to same. Review information from City re: additional code issues with property. 1.30 08/29/2016 TAD Receipt and review of order from court regarding motion for leave to amend. 0.10 08/30/2016 TAD Telephone call to Hart counsel re: response to motion for leave to amend. Review case law regarding motion and draft memorandum in opposition to motion. 3.80 08/31/2016 TAD Receipt of correspondence from Hart counsel re: response to motion for leave to amend. Prepare response to same regarding City's issues. Receipt of plaintiffs initial disclosures. 0.60 FOR CURRENT SERVICES RENDERED 27. 5,40 .00 Page 517 of 1471 CITY OF BOYNTON BEACH 09/02/2016 ACCOUNT NO: 306-9905171 STATEMENT NO: 11818 adv. Caliendo, Giovanni & Emily (code violation) W TIMEKEEPERHOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.30 $195.00 $58.50 SHERIE T. MALDONADO 0.30 125.00 37.50 TRACEY A. DECARLO 23.00 195.00 4,485.00 FA RAH L. NETT E 4.20 195.00 819,00 TOTAL CURRENT WORK 5,400.00 BALANCE DUE $5,400.00 EXTARWIN& �.;=V Page 518 of 1471 Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Boynton Beach FL 33425 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 ACCOUNT NO STATEMENT NO HOURS 08118/2016 TAD Receipt and review of additional reports from the City re: incident. Prepare public records request to PBSO for report and Traffic Homicide investigation. 2.40 08/22/2016 TAD Receipt and review of additional police reports regarding incident. Review statement from witness. 1.90 FOR CURRENT SERVICES RENDERED 4.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 4.30 $195.00 $838.50 Postage v W I NOW W. Mki 4,11 ' M-, Page: 1 09/02/2016 306-9905190 11819 838.50 Page 519 of 1471 GOREN, CHEROF, DOO DY & 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 09/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905213 Boynton Beach FL 33425 STATEMENT NO: 11820 Attn: Lynn Swanson adv. Coupet, Kenson (parent of child injured) Billing Category: 18 - RLO Claim #001470 -000405 -GB -01 08/24/2016 TAD Prepare correspondence to adjuster re: claim status and indemnity demand. Receipt and review of response to same. FOR CURRENT SERVICES RENDERED :1 g TOTAL CURRENT WORK HOURS "ECAPITIN,kTIOR, HOURS HOURLY RATE TOTAL 0.20 $195-00 $39.00 0.20 020 WOO 39.00 Page 520 of 1471 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. Honacher, Jack (Baker Act - Police) ACCOUNT NO STATEMENT NO 08/17/2016 TAD Review clerks docket re: status of claim. Prepare motion to quash attempted service on City. Prepare correspondence to the City re: same. 08/30/2016 TAD Receipt and review of summons and review clerks website re: issuance of same. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TRACEY A. DECO 1.60 $195.00 Photocopies TOTAL EXPENSES THRU 08/31/2016 TOTAL CURRENT WORK 14TIRAT14TWONF9 Page: 1 09102/2016 306-9905215 11821 HOURS 1.30 0.30 1.60 312.00 TOTAL $312.00 0.70 0.70 312.70 Page 521 of 1471 GOREn, CAEROF,OO r & EZROL, Attorneys 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone •_ •. 4 F. CITY OF • BEACH 4m-5Boynton .r R :• Beach Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470 -000410 -EP -01 ACCOUNT NO: STATEMENT NO: HOURS 08/09/2016 TAD Receipt and review of termination letter. 0.10 08/11/2016 TAD Revise correspondence to client re: status of claim to include additional information. 0.20 08/18/2016 TAD Review employee records and prepare request for production to plaintiff. Prepare interrogatories to plaintiff. 2.20 08/19/2016 TAD Review prior filings and employee claims and prepare request for admissions to plaintiff. 1.80 08/26/2016 TAD Review records from human resources re: investigation into claims. Review statement regarding same. 2.40 08/29/2016 TAD Confer with Chief Katz regarding timeline of events and information on claims. 0.30 08/30/2016 TAD Continue review of records from City regarding claims including medical reports, correspondence and workers compensation claim. 1.40 08/31/2016 TAD Review of documents from City re: radio traffic and cameras 0.80 FOR CURRENT SERVICES RENDERED 9.20 RECAPITULATION TIMEKEEPER_ HOURLY RATE TOTAL TRACEY A. DECARLO, 9.20$195-00 1,7 TOTAL CURRENT WORK Page: 1 09/02/2016 306-9905216 11822 1,794.00 $1,794.00 Page 522 of 1471 CITY OF BOYNTON BEACH 09/02/2016 ACCOUNT NO: 306-9905216 STATEMENT NO: 11822 adv. Ryan, Ronald (whistleblower PD) Page 523 of 1471 Attorneys at Law 3099 East Commercial• - Suite 11 Fort Lauderdale,Ii Telephone 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Billing Category: 18 RLO Claim # 08/09/2016 TAD Receipt and review of claim letter. Prepare correspondence to city re: information needed and records request. ACCOUNT NO: STATEMENT NO: HOURS 0.30 08/12/2016 TAD Receipt and review of reports from City re: incident. Review State Attorney evaluation report. Review prior incident reports on claimant. Telephone conference with City re: response to records request. Reveiw web site information on status of the pending criminal case. Prepare correspondence to adjuster re: reports and information on claim. Prepare request to City for additional information. Prepare memorandum re: information from the City. 2.80 08/19/2016 STM Receipt of claim documents to prepare same for evaluation. 1.30 08/22/2016 SHB Discuss case matters with TAD. Review file follow up re: status of criminal trial. 0.90 FOR CURRENT SERVICES RENDERED 5.30 RECAPITULATION TIMEKEEPER A01IRS 4,(A1 7 f1i TA SHANA H. BRIDGEMAN 0.90 $195.00 $175.50 SHERIE T. MALDONADO 1.30 125.00 162.50 TRACEY A. DECARLO 3.10 195.00 604.50 TOTAL CURRENT WORK Page: 1 09/02/2016 306-9905218 11823 942.50 N T, 4 Page 524 of 1471 Z30FWI, CAEROF, 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 09/02/2016 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905220 Boynton Beach FL 33425 STATEMENT NO: 11824 Attn: Lynn Swanson adv. Valentine, Shayla (Police) Billing Category: 18 - RLO Claim #001470 -000412 -PP -01 HOURS 08119/2016 TAD Receipt and review of claims notes and incident reports re: claims review. Review claim status for related claimant involved in same incident for evaluation to client. 1.30 FOR CURRENT SERVICES RENDERED 1.30 253-50 I I I 114 211 :14:1 :1 A 9 TOTAL CURRENT WORK RECAPITULATION HOURS HOURLY RATE TOTAL 1.30 $195.00 $253.50 EXTA1411111IO --.1 tklilll 1]—jT-T%W -1111111 l[lill 1113 UNDI541I Page 525 of 1471 Attorneys at Law r9• East CommercialBoulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 4 CITY OF BOYNTON ":« • I Boynton Beach Attn: Lynn Swanson adv. Trachtman, Frank (Auto Accident) Billing Category: 18 - RLO Claim #001470 -000413 -GS -01 08/24/2016 TAD Receipt and review of claim letter and prepare correspondence to utilities regarding same. Telephone conference with assistant city manager re: information on project and claim. ACCOUNT NO STATEMENT NO 08/25/2016 TAD Receipt and review of correspondence from adjuster and the City regarding claim. Review contract documents regarding indemnity requirements. Prepare correspondence to adjuster regarding demand to contractor. Receipt and review of correspondence from the contractors insurer regarding demand. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK RECAPITULATION HOURLYHOURS 1.2$195.00 HOURS 0.40 0.80 1.20 234.00 TOTAL $234.00 234.00 $234.00 Page 526 of 1471 GOREN, CHEROF,DOO Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 BoyntonTelephone (964) 771-4500 Attn: Lynn Swanson adv. Sobriety Now, Inc. Billing Category: 18 - RLO Claim #001470 -000414 -EP -01 ACCOUNT NO: STATEMENT NO: 08/24/2016 JAC review- forward to attorney and research 0.80 08/25/2016 TAD Receipt and review of Amended Compliant. Review information from City regarding property. 0.40 08/26/2016 JAC preliminary review and research taction 1.20 08/30/2016 MDC Review complaint, research elements and provide case law to TD for preparation of M/Dismiss. 0.30 TAD Meet with MDC and JAC regarding claim information and response. Review case law regarding motion to abate and dismiss. 2.60 FOR CURRENT SERVICES RENDERED 5.30 RECAPITULATION TIMEKEEPERU HOURLY RATE TOTAL JAMES A. C E 2.00 $195.00 $390.00 MICHAEL D. CIRULLO 0.30 195.00 58.50 TRACEYA.DECARLO 3.00 195.00 585.00 TOTAL CURRENT WORK Page: 1 09/02/2016 306-9905224 11826 1,033.50 Page 527 of 1471 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach September 13, 2016 Attn: Julie Oldbury Bill No. 34949 P.O. Box 310 Boynton each, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Harris v. Boynton Beach 16110 Claim # BILL FOR FEES.4. Date Services Attorney Hours 08/01/16 Correspondence to Julie Oldbury City of Boynton Beach and LHR 0.30 James Cherof City attorney re: City's Answer and Affirmative Defenses to Plaintiffs Complaint. 08/01/16 First telephone conference with Jim Cherof City attorney re: LHR 0.30 City's Answer to Plaintiffs Complaint. 08/01/16 Second telephone conference with Jim Cherof City attorney re: NSM 0.30 City's Answer to Plaintiffs Complaint. 08/01/16 Third telephone conference with Jim Cherof City attorney re: LHR 0.20 City's Answer to Plaintiffs Complaint. 08/01/16 Receipt and review of e-mail from Michael Burke re: status of LHIR 0.20 Plaintiffs deposition. 08/01/16 Preparation of email response to Michael Burke re: status of LHR 0.20 Plaintiffs deposition. 08/01/16 Receipt and review of second e-mail from Michael Burke re: LHR 0.20 status of Plaintiffs deposition. 08/01/16 Preparation of 8 CDs containing responsive documents to City's RKD 2.00 Supplemental Response to Plaintiff, Byron Harris' Request to Produce. 08/01/16 Receipt and review of Defendant Ronald Ryan's Amended LHR 0.40 Answer and Affirmative Defenses to Plaintiffs Complaint. 08/01/16 Receipt and review of Defendant, Matthew Medeiros'Answer to LHR 0.40 Count XVII of Plaintiff, Byron Harris, Jr.'s Complaint. 08/01/16 Receipt and review of Defendant, Justin Harris' Answer and LHR 0.40 Affirmative Defenses to Plaintiffs Complaint. 08/01/16 Receipt and review of Plaintiffs Notice of Taking Video LHR 0.20 Deposition of Pilot Michael Musto. Page 528 of 1471 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 2 [anuil*M1 Page 529 of 1471 1 v 9 Page 529 of 1471 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach •.r 3 Page 530 of 1471 IP Page 530 of 1471 Client: City of Boynton Beach September 13, 2019 Matter: 16110 - Harris v. Boynton Beach Page 4 Page 531 of 1471 ♦ Page 531 of 1471 • City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 5 Date Services Attorney Hours 08/04/16 Correspondence to Palm Beach County Sheriffs Office, AGA 0.30 Lieutenant Taylor re: Byron Harris and whether the Main Detention Center can accommodate Plaintiffs deposition. 08104/16 Preparation of e-mail to all counsel re: Lieutenant Taylor re: LHR 0.20 Byron Harris's deposition at the Palm Beach County Sheriffs Office. 08/04/16 Receipt and review of e-mail from Robert Okon re: deposition LHR 0.20 of Michael Brown. 08/04/16 Preparation of email response to Robert Okon re: deposition of LHR 0.20 Michael Brown. 08/04/16 Receipt and review of Plaintiffs Amended Notice of Taking the LHR 0.20 Video Deposition duces teucm of Chief Jeffrey Katz. 08/04/16 Receipt and review of Plaintiffs Notice of Taking the Video LHR 0.20 Deposition duces teucm of Captain Joseph DeGuilio. 08/04/16 Receipt and review of Plaintiffs Notice of Taking the Video LHR 0.20 Deposition duces teucm of Major Kelly Harris. 08/04/16 Receipt and review of Plaintiffs Notice of Taking the Video LHR 0.20 Deposition duces; teucm of Sergeant Philip Antico. 08/04/16 Receipt and review of e-mail from attorney Don Stephens re: LHR 0.20 date of Chief Katz's deposition was not agreed upon. 08/04/16 Receipt and review of e-mail from attorney Linnes Finney to LHR 0.20 attorney Don Stephens re: date of Chief Katz's deposition was not agreed upon. 08/04/16 Preparation of email response to attorney Don Stephens re: LHR 0.20 date of Chief Katz's deposition was not agreed upon. 08104/16 Review/Analyze Officer Michael Brown's incident report, use of NSM 1.00 force report, Taser download, and training spreadsheet in preparation for Officer Brown's upcoming deposition. 08/04/16 Preparation of Notice of Compliance to Plaintiff, Harris' Request LHR 0.30 for Copies dated May 18, 2016. 08/04/16 Preparation of records for Notice of Compliance to Plaintiff, RD 1.00 Harris' Request for Copies dated May 18, 2016. 08/04/16 Preparation of diagnostic films for Notice of Compliance to RKD 0.60 Plaintiff, Harris' Request for Copies dated May 18, 2016. 08104/16 Receipt and review of e-mail from Robert Schwartz, Esq. re: LHR 0.20 status of compliance to Defendant, Ryan's Request for Copies dated May 20, 2016. 08/04/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.20 Stephens re: issues with deposition of Chief Katz. 08/04/16 Receipt and review of e-mail from Plaintiffs counsel Finney re: LHR 0.20 issues with deposition of Chief Katz and attempting to resolve same. Page 532 of 1471 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 6 Page 533 of 1471 Client: City of Boynton Beach September 13, 2011 Matter: 16110 - Harris v. Boynton Beach Page 7 Page 534 of 1471 DIA 010.&114 LOJOR41 IM M [;awl;] I IgLVA Page 534 of 1471 Client: City of Boynton -pb-2016 1 - Harris v. Boynton Beach Page 8 Date Services Attorney Hours 08/05/16 Telephone conference with criminal defense attorney Scott LHR 0.50 Richardson re: ongoing investigation by FBI and subpoena to grand jury for Boynton Beach witnesses 08/05/16 Receipt and review of correspondence from Bethesda Memorial LHR 0.20 Hospital re: status of response to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 08/06/16 Receipt and review of extensive unemployment records LHR 3.00 received from Florida Department of Economic Opportunity pertaining to Plaintiff, Byron Harris pursuant to executed authorization. 08/06/16 Review records pertaining to Plaintiff, Byron Harris, received RKD 5.90 from Department of Economic Opportunity (251 pgs), Charlotte County Sherifrs Office(161 pgs), Palm Beach County Clerk of Court County Criminal (22 pgs), DHSMV (4 pgs), Florida Department of Corrections Probation (105 pgs), Delray Beach Police Department (8 pgs), Lantana Police Department (22 pgs), and FDLE (19 pgs), to identify any employers, treating providers, health history information, criminal history information, or any other defense leads. 08/07/16 Receipt and review of e-mail from Co -Defendant's counsel Jolly LHR 0.10 re: deposition of Chief Katz. 08/07/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Schwartz re: deposition of Chief Katz. 08/07/16 Review records pertaining to Plaintiff, Byron Harris, received RKD 5.00 from Palm Beach County Sheriffs Office offense records (300 pgs) and Palm Beach County Sheriffs Office incarceration records (200 pgs) to identify any employers, treating providers, health history information, criminal history information, or any other defense leads. 08/08/16 Receipt and review of e-mail from Det. Ramos to City Paralegal LHR 0.10 Lynn Swanson re: issues with attorney meeting and attempting to resolve same. 08/08/16 Receipt and review of email response from City Paralegal Lynn LHR 0.10 Swanson to Det. Ramos re: issues with attorney meeting and attempting to resolve same. 08/08/16 Receipt and review of second e-mail from Det. Ramos to City LHR 0.10 Paralegal Lynn Swanson re: upcoming attorney meeting. 08/08/16 Receipt and review of Court's executed endorsed Order Setting LHR 0.20 Discovery Hearing on City's Motion for CME by Dr. Zeide and Motion for Leave to Depose Plaintiff Harris. 08/08/16 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed endorsed Order Setting Discovery Hearing on City's Motion for CME by Dr. Zeide and Motion for Leave to Depose Plaintiff Harris. 08/08/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: meeting with Det. Ramos. Page 535 of 1471 Client: City of Boynton Beach S- R • - 2016 Matter: 16110 - Harris v. Boynton Beach Page r. Date Services Attorney Hours 08/08/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: meeting with Det. Ramos. 08/08/16 Receipt, review and response to Plaintiffs counsel, Julia LHR 0.10 Farkas, Esq. re: Dr. Carol Adam! and Dr. Brianna Garrett Subpoenas for Deposition. 08/08/16 Preparation of Defendant, City of Boynton Beach, Discovery AGA 1.40 Memorandum as required by Court Order. 08/08/16 Correspondence to Julie Oldbury re: Defendant, City of AGA 0.20 Boynton Beach's Discovery Memorandum. 08/08/16 Receipt and review of Defendant Maiorino's Request for Copies LHR 0.20 to Defendant City for records received pursuant to our Notice of Production from Non -Party dated July 28, 2016. 08/08/16 Correspondence to U.S. Magistrate Judge Dave Lee Brannon AGA 0.30 re: Defendant, City of Boynton Beach's Discovery Memorandum. 08/08/16 Preparation of correspondence to Reception and Medical LHR 0.30 Center re: executed authorizations pertaining to Plaintiff, Byron Harris. 08/08/16 Preparation of Notice of Taking Deposition re: Byron Harris. AGA 0.30 08/08/16 Preparation of Request for Copies pursuant to Defendant, LHR 0.30 Harris' Notice of Production from Non Party dated July 29, 2016. 08/08/16 Preparation of e-mail to U.S. Magistrate Judge Dave Lee AGA 0.20 Brannon and all counsel re: Defendant, City of Boynton Beach's Discovery Memorandum. 08/08/16 Preparation of e-mail to July Oldbury re: Defendant, City of AGA 0.20 Boynton Beach's Discovery Memorandum. 08/08/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.20 Michael Burke re: anticipated upcoming deposition of Plaintiff Harris and potential issues due to Plaintiffs incarceration. 08/08/16 Receipt and review of Defendant Medeiros' Request for Copies LHR 0.20 to Defendant City for records received pursuant to our Notice of Production from Non -Party dated May 12, 2016. 08/08/16 Receipt and review of Plaintiffs Disclosure of Experts for Trial LHR 320 with attachments thereto (365 pgs). 08/08/16 Correspondence to City Risk Manager Julie Olbury re: NSM 1.50 summary of deposition of Officer Michael Brown. 08/08/16 Review records pertaining to Plaintiff, Byron Harris, received RKD 5.00 from Palm Beach County Clerk of Court Circuit Criminal (500 pgs) to identify any employers, treating providers, health history information, criminal history information, or any other defense leads. 08/08/16 Follow-up telephone conference with Maj. Wallace re: reporting LHR 0.30 protocol. Page 536 of 1471 Client: City of Boynton Beach 0 Boynton Beach rX-r-T777m: 08/08/16 Preparation for meetings with Raymond Dauta and Det. Toby LHR Athol the next day. 08/08/16 Telephone conference with Linnes Finney counsel for Plaintiff AGA re: whether Plaintiff has any objection to Motion for Physical Examination and any objections to setting hearing before Magistrate Brannon on pending discovery motions including Motion for Leave to Depose Plaintiff. 08/08/16 Telephone conference with Magistrate Brannon re City's AGA Unopposed Motion for Leave to Depose Plaintiff and City's Motion for Physical Examination. 08/09/16 Telephone conference with Chuck Joyner, defense expert, re: RKD Plaintiffs Expert Disclosures. 08/09/16 Telephone conference with City Paralegal Lynn Swanson re: LHR upcoming meetings with Sohn, Rivera, Williams, Eichorst & Garafalo. 08/09/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR re: upcoming meeting with Rob Eichorst. 08/09/16 Preparation of email response to City Paralegal Lynn Swanson LHR re: upcoming meeting with Rob Eichorst. 08/09/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR re: upcoming meeting with Jose Rivera. 08/09/16 Preparation of email response to City Paralegal Lynn Swanson LHR re: upcoming meeting with Jose Rivera. 08/09/16 Correspondence to City Risk Manager Julie Oldbury re: LHR Plaintiffs Disclosure of Experts for Trial. 08/09/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR advising of no objection to our Motion for CME of Plaintiff in attempt to resolve discovery issues for upcoming Magistrate hearing. 08/09/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR acknowledging & confirming no objection to our Motion for CME of Plaintiff and will so advise Magistrate, however, continued need for hearing to obtain Magistrate assistance for Plaintiffs deposition. 0.90 0.30 0.20 0.30 0.20 0.10 0.10 0.10 0.10 0.20 0.20 0.20 08/09/16 Draft/Revise City's Supplement to its Motion to Compel the NSM 0.50 Physical Examination of Plaintiff to advise the Court of the agreement of Plaintiffs counsel. 08/09/16 Draft/Revise a proposed agreed order on City's to its Motion to NSM 0.40 Compel the Physical Examination of Plaintiff, as requested by the Court. 08/09/16 Communicate/Other Counsel via telephone with counsel for NSM 0.30 Plaintiff to confirm agreement concerning the date and time of the physical medical examination of Plaintiff. Page 537 of 1471 Client: City of Boynton Beach September 13, 20141 ♦ Boynton Page 11 ServicesDate t 08/09/16 Communicate/Other Counsel via telephone with the assistant to NSM 0.30 Magistrate Brannon concerning the agreement of counsel on City's Motion to Compel the Physical Medical Examination of Plaintiff and the submission of a proposed order granting same. 08/09/16 Preparation of correspondence to defense expert, Chuck LHR Joyner re: Plaintiff, Byron Harris' Expert Disclosures for his file and review. 08/09/16 Receipt and review of Defendant Maiorino's Response to LHR Plaintiff's First Set of Interrogatories. 08/09/16 Receipt and review of Defendant Maiorino's Response to LHR Plaintiffs First Request for Production. 08/09/16 Preparation of CD containing Plaintiff, Byron Harris' Expert RKD Disclosures for defense expert, Chuck Joyner's file and review. 08/09/16 Correspondence to Magistrate Brannon re: Defendant City's LHR Supplement to Motion for Physical Examination of Plaintff and proposed Agreed Order on same. 08/09/16 Preparation of e-mail to Plaintiffs counsel Finney and Farkas LHR re: City's Supplement to Motion for Physical Examination and 08/09/16 proposed Agreed Order for review and approval prior to LHR 0.20 submission to Magistrate today per Magistrate's directives. 08/09/16 Receipt and review of e-mail from Plaintiffs counsel Linnes LHR Finney re: proposed revisions to City's proposed Supplement to Motion for Physical Examination and proposed Agreed Order. 08/09/16 Receipt and review of second e-mail from Plaintiffs counsel LHR Linnes Finney re: proposed revisions to City's proposed Supplement to Motion for Physical Examination and proposed Agreed Order and additional input on same. 08/09/16 Preparation of email response to Plaintiffs counsel Linnes LHR Finney re: acknowledging his proposed revisions to Supplement to Motion for Physical Examination and advising of no objection to his attendance at CME, however, need for Dr. Zeide to obtain oral history from Plaintiff as we do not provide him with Plaintiffs deposition transcript. 0.20 0.50 0.50 0.50 0.20 0.20 0.20 0.20 08/09/16 Receipt and review of third email from Plaintiffs counsel Finney LHR 0.20 re: advising he has no objection to Dr. Zeide obtaining oral history from Plaintiff at CME. 08/09/16 Preparation of audit response to Caler, Donten, Levine, Porter LHR 0.20 & Veil, PA pertaining to Plaintiff, Byron Harris. 08/09/16 Preparation of revisions to proposed Agreed Order on City's LHR 0.20 Motion for Physical Examination of Plaintiff. 08/09/16 Correspondence to Plaintiffs counsel Finney re: proposed LHR 0.20 revised Agreed Order on City's Motion for Physical Examination of Plaintiff. Page 538 of 1471 C.fient: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 12 Date Services Attorney Hours 08/09/16 Receipt and review of fourth email from Plaintiffs counsel LHR 0.10 Finney re: additional minor revision to proposed Agreed Order on City's Motion for Physical Examination of Plaintiff. 08/09/16 Receipt and review of Plaintiffs Second Amended Notice of LHR 0.20 Taking Video Deposition Duces Tecum of Stephen Maiorino. 08/09/16 Receipt and review of Plaintiffs Second Amended Notice of LHR 0.20 Taking Video Deposition Duces Tecum of Officer Matthew Medeiros. 08/09/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 depositions of Cynthia Rivera, Justin Harris (#820), Det. Charles Ramos, Robin Eichorst, Cory Gray, and Stephanie Slater. 08/09/16 Preparation of e-mail to Plaintiffs counsel Farkas re: LHR 0.20 depositions of Cynthia Rivera, Justin Harris (#820), Det. Charles Ramos, Robin Eichorst, Cory Gray, and Stephanie Slater. 08/09/16 Attendance at meetings with Fleet Maintenance Supervisor LHR 2.60 Raymond Dauta and Det. Toby Athol at City Hall in Boynton Beach, FL. 08/09/16 Preparation for meeting with Officers Sohn, Rivera, Williams, LHR 1.80 Eichorst, and Garafalo the next day. 08/10/16 Telephone conference with Greenacres Police Department re: RKD 0.20 missing report pertaining to Plaintiff, Byron Harris pursuant to public records request. 08/10/16 Preparation of e-mail to Plaintiffs counsel Farkas re: LHR 0.20 depositions of Plaintiffs experts Dr. Craig Lichtblau and Roy Bedard. 08/10/16 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.20 depositions of Cynthia Rivera, Justin Harris (#820), Det. Charles Ramos, Robin Eichorst, Cory Gray, and Stephanie Slater. 08/10/16 Receipt and review of email response from City Paralegal Lynn LHR 0.20 Swanson re: advising Cory Gray and Justin Harris no longer City employees. 08/10/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Chief Katz and her questions concerning same. 08/10116 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: deposition of Chief Katz and answering her questions concerning same. 08/10/16 Receipt and review of Plaintiffs Re -Notice of Taking Video LHR 0.20 Deposition Duces Tecum of Chief Jeffrey Katz. 08/10/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiff's Re -Notice of Taking Video Deposition Duces Tecum of Chief Jeffrey Katz. Page 539 of 1471 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach ',• 13 Page 540 of 1471 $72m Page 540 of 1471 Client: City of Boynton Beach September 13, 2011 Matter: 16110 - Harris v. Boynton Beach Page 14 IU101144*4 A. I I, Date Services Attorney Hours 08/10/16 Preparation for meetings with Sgt. Antico and Capt. McNevin LHR 0.80 the next day. 08/10/16 Receipt and review of e-mail from Plaintiffs counsel Finney re: LHR 0.20 advising Magistrate is requesting parties conduct deposition of Plaintiff at Federal Courthouse and requesting agreement or objection to same. 08/10/16 Preparation of email response to Plaintiffs counsel Finney re: LHR 0.20 advising no objection to conducting Plaintiffs deposition at Federal Courthouse and advising only pending issue is Sheriffs Office's objections to deposition. 08/10/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Finney re: acknowledging agreement for deposition of Plaintiff at Federal Courthouse and status of resolving all issues concerning deposition. 08/10/16 Preparation of second e-mail response to Plaintiffs counsel LHR 0.20 Finney re: status of resolving all issues concerning deposition of Plaintiff Harris 08/11/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Rob Eichorst. 08/11/16 Preparation of e-mail to Plaintiffs counsel Farkas re: LHR 0.20 depositions of Cynthia Rivera, Justin Haris, Det. Charles Ramos, Robin Eichorst, Cory Gray, and Stephanie Slater. 08/11/16 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.20 request to change City's PWMK re: excessive force policies from Capt. DeGuillo to Sgt. Aiken for upcoming deposition. 08/11/16 Telephone conference with Julie Oldbury re: defense expert, RKD 0.20 Dr. Zelde's retainer fee. 08/11/16 Receipt and review of e-mail from Julie Oldbury to Colleen LHR 0.20 Edwards re: defens eexpert, Dr. Michael Zelde's retainer fee. 08/11/16 Telephone conference with Plaintiffs counsel Farkas re: LHR 0.20 depositions of Plaintiffs experts Dr. Craig Lichtblau and Roy Bedard. 08/11/16 Preparation of Notice of Taking Deposition Duces Tecurn of Dr. LHR 0.20 Craig Lichtblau. 08/11/16 Preparation of Subpoena for Deposition Duces Tecurn of Dr. LHR 0.20 Craig Lichtblau. 08/11/16 Preparation of correspondence to Julie Oldbury re: work LHR 3.60 related, incarceration, and medical records summary pertaining to Plaintiff, Byron Harris. 08/11/16 Correspondence to City Risk Manager Julie Oldbury re: Notice LHR 0.20 of Taking Deposition Duces Tecurn of Dr. Craig Lichtblau and requesting fee for same. 08/11/16 Preparation of City Paralegal Lynn Swanson re: need for LHR 0.10 additional pre -deposition meeting with Capt. DeGuillo concerning use of force policies. Page 541 of 1471 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 15 Date Services Attorney Hours 08/11/16 Attendance at Court ordered discovery hearing before NSM 1.90 Magistrate Brannon at the United States District Courthouse in West Palm Beach, Florida re: City's Motion to Compel Plaintiffs videotaped deposition. 08/11/16 Receipt and review of e-mail from USDC Clerk re: minute entry LHR docketed for discovery hearing. 08/11/16 Appear For/Attend Attendance at Plaintiffs depositions of KRH Defendants Ronald Ryan, Matthew Medeiros, and Stephen Maiorino at the offices of US Legal Support in West Palm Beach, Florida. 08/11/16 Attendance at meetings with Sgt. Antico and Capt. McNevin at LHR City Hall in Boynton Beach, FL. 08/11/16 Receipt and review of correspondence from C -Defendant's LHR counsel Wydler re: informal request for copies to Defendant City for records received pursuant to our Notice of Production from Non -Party dated July 28. 08/11/16 Receipt and review of tax records received from the IRS LHR pertaining to Plaintiff, Byron Harris pursuant to executed authorization. 08/11/16 Receipt and review of Affidavit of Non Service for Brevard State LHR Correctional received from Harriet Lewis, Esq. pursuant to Defendant, Medeiros' Notice of Production from Non -Party dated May 20, 2016. 08/11/16 Receipt and review of billing records for Bethesda Hospital East LHR received from Harriet Lewis, Esq. pursuant to Defendant, Medeiros' Notice of Production from Non -Party dated May 20, 2016. 08/11/16 Receipt and review of billing records for South County Mental LHR Health Center received from Harriet Lewis, Esq. pursuant to Defendant, Medeiros' Notice of Production from Non -Party dated May 20, 2016. 08/11/16 Legal research re: requirements for transportation of an inmate ABE from a county detention facility to a federal courthouse for a civil deposition in order to prepare City's proposed order on its Motion for Leave to Depose Plaintiff. owl MCI i 0.20 Awl 0.10 0.50 MW 1.80 08/11/16 Receipt and review of e-mail from Julie Oldbury re: confirming LHR 0.10 status of Dr. Zeide's retainer fee check. 08/12/16 Telephone conference with Plaintiffs counsel Finney re: issues LHR 0.20 with deposition of Dr. Lichtblau and resolution of same. 08/12/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: pre -deposition meeting with Capt. DeGuillo. 08/12/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: pre -deposition meeting with Capt. DeGuilio. 08/12/16 Preparation of Re -Notice of Taking Deposition of Dr. Craig LHR 0.20 Lichtblau. Page 542 of 1471 Client: City of Boynton Matter: 16110 - Harris v. Boynton Beach 08/12/16 Receipt and review of e-mail from Co-Defedant's counsel LHR Schwartz re: deposition of Chief Katz. 08/12/16 Correspondence to City Risk Manager Julie Oldbury re: LHR Re -Notice of Taking Deposition of Dr. Craig Lichtblau. 08/12/16 Research Legal Research re: whether facts that are elicited at ABE criminal trial are admissable as provenladm iss ions of opponent in civil trial. 08/12/16 Communicate/Other External telephone conference with NSM Lieutenant Wildgoose at the Palm Beach County Main Detention Center concerning the transport of Plaintiff for his deposition. 08/12/16 Communicate/Other External second telephone conference NSM with Lieutenant Wildgoose at the Palm Beach County Main Detention Center concerning the transport of Plaintiff for his deposition. 08/12/16 Communicate/Other External telephone conference with Juna NSM Thomas, section manager for inmate management, at the Palm Beach County Main Detention Center concerning the transport of Plaintiff for his deposition. 08/12/16 Communicate/Other External telephone conference with the NSM Clerk of Courts concerning the language required for the Order setting the deposition of Plaintiff at the United States Federal Courthouse. 08/12/16 Draft/Revise the proposed Order granting City's Motion for NSM Leave to Depose Plaintiff. 08/12/16 Receipt and review of Court's executed Order Authorizing LHR Physical Examination of Plaintiff. 08/12/16 Research addresses for sending public records requests to RKD Charlotte County Clerk of Court, Hendry County Clerk of Court, Charlotte County Sheriffs Office, Hendry County Sheriffs Office, and the State Attorney's Office for the 20th Judicial Circuit, for records pertaining to Plaintiff, Byron Harris, and passengers, Ashley Hill and Jeffrey Braswell. 0.10 0.20 .2 0.30 0.30 0.30 0.30 0.60 0.20 0.50 08/12/16 Receipt and review of e-mail from Lynn Swanson, City LHR 0.10 Paralegal, re: second pre -deposition meeting with Capt. DeGuilio to discuss use of force policies for his deposition as PWMK on same. 08/12/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: pre -deposition meeting with Asst. Chief Suzanne Crawford. 08/12/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 to Asst. Chief Suzanne Crawford re: her pre -deposition meeting. 08/12/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Cynthia Rivera and need for Plaintiffs counsel to coordinate same through her personal counsel. Page 543 of 1471 Client: City of Boynton Beach 1 Boynton - September 1 . P 17 age Date Services Attorney 08/12/16 Receipt and review of e-mail from Asst. Chief Suzanne LHR Crawford to City Paralegal Lynn Swanson re: her pre -deposition meeting. 08/12/16 Preparation of e-mail to all counsel re: proposed Agreed Order NSM on City's Motion for Leave to Depose Plaintiff for review prior to submission to Court. 08/12/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR re: upcoming pre -deposition conference with Asst. Chief Suzanne Crawford. 08/12/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR re: upcoming pre -deposition conference with Capt. Joseph DeGuilio concerning use of force policies. 08/12/16 Receipt and review of e-mail from Co -Defendant's counsel NSM Schwartz re: agreement with proposed Order on Motion for Leave to Depose Plaintiff Harris 08/12/16 Receipt and review of email response from Plaintiffs counsel NSM Finney re: agreement with proposed Agreed Order on Motion for Leave to Depose Plaintiff Harris 08/12/16 Preparation of email response to Plaintiffs counsel Finney re: NSM acknowledging agreement with proposed Agreed Order on Motion for Leave to Depose Plaintiff Harris and will submit to Magistrate Brannon 08/12/16 Preparation of e-mail to Magistrate David Brannon re: proposed NSM Order on City's Motion for Leave to Depose Plaintiff Byron Harris pursuant to outcome of discovery hearing concerning same. 08/12/16 Receipt and review of e-mail from City Risk Manager Julie LHR Oldbury re: discovery response summary letters by Co -Defendant's counsel Wydler, and review of same. 08/13/16 Organizing and logging in records obtained from Palm Beach RKD County Sheriffs Office, Charlotte County Sheriffs Office, Florida Department of Law Enforcement, Florida Department of Corrections, and Palm Beach County Clerk of Court to update Plaintiffs medical and criminal chronology for use at Plaintiffs deposition. Hours 0.10 0.20 0.10 0.10 0.10 0.10 0.10 0.20 0.30 3.00 08/14/16 Review Plaintiffs Complaint, Plaintiffs and Defendant's RKD 4.00 Answers and Responses to discovery requests, accident report, incident reports, incident report audit trails, use of force reports, supervisor's reports, audio and video statements, PBSO video, dispatch recordings, State Attorney's Office filings, policies and procedures, photographs, emails, and Plaintiffs medical and criminal records to prepare exhibits for use at deposition of Plaintiff. 08/15/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.10 deposition of Cynthia Rivera. Page 544 of 1471 Client: City of Boynton Beach September 13, 2011k Matter: 16110 - Harris v. Boynton Beach Page 18 Date Services Aftorney Hours 08/15/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.10 deposition of Cynthia Rivera and advising Ms. Rivera wants her deposition coordinated through her personal counsel, and providing said information. 08/15/16 Preparation of correspondence to Julie Oldbury re: work related LHR 1.40 records pertaining to Plaintiff, Byron Harris. 08/15/16 Preparation of e-mail to Social Security Administration re: LHR 0.20 status of social security records pertaining to Plaintiff, Byron Harris pursuant to executed authorization. 08/15/16 Receipt and review of correspondence from Lourdes Wydler re: LHR 0.40 Defendant, Harris' Request for Copies pursuant to Defendant, City of Boynton Beach's Notice of Production From Non Party dated July 28, 2016. 08/15/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 questions concerning deposition of Plaintiffs expert Roy Bedard. 08/15/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Co -Defendants' Answers & Affirmative Defenses to Plaintiffs Complaint. 08/15/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.20 deposition of expert Roy Bedard and intention to schedule same as videoconference deposition in Tallahassee at offices of Orange Legal. 08/15/16 Preparation of correspondence to defense expert, Dr. Michael LHR 0.40 Zeide re: medical records pertaining to Plaintiff, Byron Harris in preparation of Plaintiffs CME pursuant to Court Order dated August 12, 2016. 08115/16 Preparation of medical records pertaining to Plaintiff, Byron RKD 1.50 Harris in preparation of Plaintiffs CME pursuant to Court Order dated August 12, 2016 for defense expert, Dr. Michael Zelde. 08115/16 Preparation of 2 CD's containing diagnostic films pertaining to RKD 0.80 Plaintiff, Byron Harris for defense expert, Dr. Michael Zeide's review in preparation for CME. 08/15/16 Receipt and review of Court's executed Order Authorizing LHR 0.20 Video Recorded Deposition of Plaintiff Harris. 08/15/16 Preparation of Notice of Taking Videotaped Deposition of NSM 0.70 Plaintiff, Byron Harris, Jr. 08/15/16 Receipt and review of Plaintiffs Notice of Taking Deposition of LHR 0.20 Leif Broberg. 08/15/16 Receipt and review of Plaintiffs Subpoena for Deposition of Leif LHR 0.10 Broberg. 08/15/16 Telephone conference with Juna Thomas PBSO re: Order from NSM 0.20 Court to depose Plaintiff at the Federal Courthouse. 08/15/16 Telephone conference with Judge Rosenberg's JA re: Order NSM 0.20 from Court to depose Plaintiff at the Federal Courthouse. Page 545 of 1471 Client: City of Boynton Beach Septemr- • 1' e6110 - Harris v. Boynton Beach Page 19 Zkol 9 4*1 Page 546 of 1471 I A 1156 11 #171-114 [a] IFOIIRT-0 ILYA FMMII Page 546 of 1471 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 20 Date Services Attorney Hours 08/16/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Okon re: issues with deposition of Alfred Martinez and attempting to resolve same. 08/16/16 Preparation of email response to Plaintiff's counsel Finney re: LHR 0.10 deposition of Plaintiffs expert Roy Bedard. 08/16/16 Receipt and review of third email from Co -Defendant's counsel LHR 0.10 Schwartz to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08/16/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Jolly to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08/16/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Lewis to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08/16/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Marrero to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08/16/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Burke to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08/16/16 Telephone conference with South County Mental Health re: RKD 0.20 medical records pertaining to Plaintiff, Byron Harris. 08/16/16 Preparation of authorization for South County Mental Health RKD 0.30 Center, Inc. pertaining to Plaintiff, Byron Harris for his execution. 08/16/16 Preparation of authorization for psychological records to RKD 0.30 Columbia Hospital pertaining to Plaintiff, Byron Harris for his execution. 08/16/16 Preparation of authorization for medical, billing, and imaging RKD 0.30 records to Columbia Hospital pertaining to Plaintiff, Byron Harris for his execution. 08/16/16 Receipt and review of e-mail from Plaintiffs counsel Julia LHR 0.20 Farkas re: depositions of Rob Eichorst, Cynthia Rivera, Det. Charles Ramos, Stephanie Slater, Officer Patrick Monteith, Jeffrey Williams, and Officer Gary Garafalo. 08/16/16 Telephone conference with Juna Thomas PBSO re: Order on NSM 0.20 the deposition of Plaintiff. 08/16/16 Telephone conference with Juan at US Marshals Service re: NSM 0.20 Order on the deposition of Plaintiff. 08/16/16 Telephone conference with Magistrate Brannon's JA re: Order NSM 0.20 on the deposition of Plaintiff. 08/16/16 Second telephone conference with Magistrate Brannon's JA re: NSM 0.20 Order on the deposition of Plaintiff. 08/16/16 Second telephone conference with Juna Thomas PBSO re: NSM 0.20 Order on the deposition of Plaintiff. Page 547 of 1471 Page 548 of 1471 • w 0 v v -1110 Viol I Iliq I I KATA 14 1 W a • on im Page 548 of 1471 Client: City of Boynton Beach• Boynton Beach N 08/16/16 Receipt and review of Plaintiffs Subpoena for Deposition Duces Tecum of Dr. Maged Habib. September 13, 2016 Pagea•- P,ttorney• LHR f 08/16/16 Receipt and review of billing records received from Bethesda LHR 08/16/16 Preparation for pre -deposition and pre-trial meetings with City LHR of Boynton Beach witnesses Asst. Chief Suzanne Crawford, Capt. Joseph DeGuiiio as PWMK concerning use of force, Janet Whooten, Asst. Chief Kelly Harris, Officer Aramis Grigorian, Det. Charles Ramos, and Det. Chris Naulty the next day. W/ 0.30 0.10 0.10 0.10 0.10 0.10 9-:X 08/17/16 Memorial Health pertaining to Plaintiff, Byron Harris pursuant to LHR 0.20 subpoena duces tecum. 08/16/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR discovery issues and continued attempts to resolve same and need for conference to discuss resolution. 08/16/16 Receipt and review of e-mail from Co -Defendant's counsel LHR Okon re: questions concerning status of our Notice of Depositions of witnesses as only Plaintiffs Cross -Notices received. 08/16/16 Receipt and review of e-mail from Co -Defendant's counsel LHR Schwartz re: questions concerning status of our Notice of Depositions of witnesses as only Plaintiffs Cross -Notices received. 08/16/16 Preparation of email response to Co -Defendant's counsel LHR Schwartz re: status of our Notice of Depositions of witnesses and same previously e -served and will check into why not received. 08/16/16 Preparation of email response to Co -Defendant's counsel Okon LHR re: status of our Notice of Depositions of witnesses and same previously e -served and will check into why not received. 08/16/16 Receipt and review of e-mail from Co -Defendant's counsel LHR Stephens to Co -Defendant's counsel re: deposition of Alfred Martinez. 08/16/16 Preparation for pre -deposition and pre-trial meetings with City LHR of Boynton Beach witnesses Asst. Chief Suzanne Crawford, Capt. Joseph DeGuiiio as PWMK concerning use of force, Janet Whooten, Asst. Chief Kelly Harris, Officer Aramis Grigorian, Det. Charles Ramos, and Det. Chris Naulty the next day. W/ 0.30 0.10 0.10 0.10 0.10 0.10 9-:X 08/17/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Notice of Taking Deposition of Leif Broberg. 08/17/16 Receipt and review of e-mail from Harriett Lewis, Esq. re: LHR 0.10 additional records pursuant to Defendent, Mederiros' Notice of Production From Non -Party dated May 20, 2016. 08/17/16 Preparation of e-mail to Plaintiffs counsel Farkas re: LHR 0.20 depositions of Rob Eichorst, Stephanie Slater, Det. Ramos, Officer Patrick Monteith, Jeffrey Williams, and Officer Gary Garafalo. 08/17/16 Telephone conference with City Paralegal Lynn Swanson re: LHR 0.20 depositions of Rob Eichorst, Stephanie Slater, Det. Ramos, Officer Patrick Monteith, Jeffrey Williams, and Officer Gary Garafalo. Page 549 of 1471 Client: City •' Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 23 Page 550 of 1471 w • • Page 550 of 1471 Client: City of Boynton Beach September 13, 2016 Matter. 16110 - Harris v. Boynton Beach Page 24 Page 551 of 1471 v 9 v qP Page 551 of 1471 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 25 1 oMals,314RU 4714 11"ITA Itil Date Services Aftorney Hours 08/17/16 Receipt and review of e-mail from Harriet Lewis counsel for AGA 0.20 Medeiros re: additional issues with Plaintiffs deposition. 08/17/16 Preparation of email response to Harriet Lewis counsel for AGA 0.20 Medeiros re: additional issues with Plaintiffs deposition. 08/17/16 Receipt and review of second e-mail from Harriet Lewis counsel AGA 0.20 for Medeiros re: additional issues with Plaintiffs deposition. 08/17/16 Telephone conference with Lt. Taylor PBS® re: issues with AGA 0.20 videographer attending deposition of Plaintiff. 08/17/16 Second telephone conference with Lt. Taylor PBSO re: issues AGA 0.20 with videographer attending deposition of Plaintiff. 08/17/16 Receipt and review of e-mail from Linnes Finney, Esq. re: order LHR 0.20 pertaining to Plaintiff, Byron Harris' transport. 08/17/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.20 Burke to Co -Defendant's counsel Okon re: deposition of Alfred Martinez. 08117/16 Receipt and review of Plaintiffs Request for Copies to LHR 0.20 Defendant Harris for records received pursuant to his Notice of Production from Non -Party dated July 29, 2016. 08/17/16 Receipt and review of Plaintiffs Request for Copies to LHR 0.20 Defendant Harris for records received pursuant to his Notice of Production from Non -Party directed to Florid Dept. Highway Safety & Motor Vehicles dated July 29, 2016. 08/17/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Schwartz re: his questions concerning deposition of Plaintiff Harris and witness depositions. 08/17/16 Preparation of email response to Co -Defendant's counsel LHR 0.10 Schwartz re: answering his questions concerning deposition of Plaintiff Harris and witness depositions. 08/17/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Schwartz re: upcoming deposition of Plaintiff Harris and witness depositions. 08/17/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: questions concerning Justin Roth Harris and Justin Harris. 08/17/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: answering her questions concerning Justin Roth Harris and Justin Harris. 08/17/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: acknowledging answers to her questions concerning Justin Roth Harris and Justin Harris. 08/17/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: her questions concerning deposition of Chief Katz. 08/17/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: answering her questions concerning deposition of Chief Katz. Page 552 of 1471 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 26 Date Services Attorney Hours 08/17/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: questions concerning City employee depositions and if same are being subpoenaed. 08/17/16 Preparation of email response to City Paralegal Lynn Swanson LHR re: answering her questions concerning City employee depositions, advising they have not been subpoenaed and confirming we need her to provide them copies of their respective deposition notices. 08/17/16 Receipt and review of second e-mail from City Paralegal Lynn LHR Swanson re: acknowledging City employees have not been subpoenaed for deposition and confirming we need her to provide them copies of their respective deposition notices. 08/17/16 Telephone conference with Capt. DeGuilio's criminal defense LHR attorney Joanne Baron re: his upcoming testimony before the Federal Grand Jury and need for his testimony in the pending civil matter. 08/17/16 Telephone conference with criminal defense attorney Scott LHR Richardson re: upcoming deposition of Byron Harris and anticipated attendance by criminal defense attorneys, and need for coordination of same. 08/17/16 Attendance at pre -deposition and pre-trial meetings with City of LHR Boynton Beach witnesses Asst. Chief Suzanne Crawford and her counsel attorney Harriet Lewis, Capt. Joseph DeGuilio, Janet Whooten, Asst. Chief Kelly Harris, Officer Aramis Grigorian, Det. Charles Ramos, and Det. Chris Naulty at City Hall in Boynton Beach, FL. 0.10 0.10 0.30 0.40 HIM 08/18/16 Receipt and review of e-mail from City Paralegal Lynn Swanson AGA 0.10 re: deposition of Patrick Montieth. 08/18/16 Preparation of email response to City Paralegal Lynn Swanson AGA 0.10 re: deposition of Patrick Montieth. 08/18/16 Preparation of e-mail to Plaintiffs counsel Farkas re: deposition AGA 0.10 of Patrick Monteith. 08/18/16 Receipt and review of email response from Plaintiffs counsel AGA 0.10 Farkas re: deposition of Patrick Monteith. 08/18/16 Telephone conference with City Attorney Tracey DeCarlo re: AGA 0.20 deposition of Byron Harris. 08/18/16 Telephone conference with Nlaintftt's counsel Farkas re: issues AGA 0.20 with deposition of Dr. Lichtblau and attempting to resolve same. 08/18/16 Receipt and review of e-mail from Co -Defendant's counsel AGA 0.10 Schwartz re: deposition of Alfred Martinez. 08/18/16 Receipt and review of Plaintiffs Amended Notice of Taking AGA 0.20 Video Deposition Duces Tecum of Pilot Byron Karp. 08/18/16 Receipt and review of Plaintiffs Amended Subpoena for Video AGA 0.10 Deposition Duces Tecum of Pilot Byron Karp. Page 553 of 1471 Client: City of Boynton Beach September 13, 20Iq Matter: 16110 - Harris v. Boynton Beach Page 27 Page 554 of 1471 I a so Page 554 of 1471 Client: City of Boynton Beach September 13, 201 f Matter: 16110 - Harris v. Boynton Beach Page 28 Date Services Attorney Hours 08/19/16 Correspondence to City Risk Manage Julie Oldbury re: KRH 1.10 summary of depositions of Defendants Ronald Ryan, Matthew Medeiros, and Stephen Malorino. 08/19/16 Preparation of Cross -Notice Taking Deposition Duces Tecum LHR 0.20 re: Dr. Maged Habib. 08/19/16 Preparation of Cross Notice of Taking Deposition re: Dr. Maged LHR 0.20 Habib. 08/19/16 Preparation of correspondence to Julie Oldbury re: Dr. Maged LHR 0.20 Habib. 08/19/16 Receipt and review of email response from Plaintiffs counsel, LHR 0.20 Julia Farkas, Esq. re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. 08/19/16 Receipt and review of Plaintiff's Re -Notice of Taking Video LHR 0.20 Deposition Duces Tecum of Officer Alfred Martinez. 08/19116 Preparation of e-mail to City of Boynton Beach, Julie Oldbury LHR 0.20 re: Defendant's Cross Notice fo Taking Deposition re: Dr. Maged Habib. 08/19/16 Receipt and review of Plaintiffs Notice of Taking Video LHR 0.20 Deposition Duces Tecum of Stephanie Slater. 08/19/16 Receipt and review of e-mail from Plaintiffs counsel Julia LHR 0.10 Farkas re: deposition of Stephanie Slater. 08/19/16 Preparation of email response to Plaintiffs counsel Julia Farkas LHR 0.10 re: deposition of Stephanie Slater. 08/19/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Julia Farkas re: deposition of Stephanie Slater. 08/19/16 Extensive telephone conference with Plaintiffs counsel Julia LHR 0.70 Farkas and Linnes Finney re: attempting to resolve Motion to Compel issues. 08/20/16 Extensive telephone conference with Capt. DeGuilio's criminal LHR 0.80 defense attorney Joanne Barrone re: outcome of his grand jury subpoena and his ability to testify in civil case. 08/20/16 Preparation of exhibits for potential use at deposition of Officer RKD 1.80 Cynthia Rivera, former Officer Justin Roth Harris, Officer Patrick Monteith, Officer Jeffrey Williams, and Detective Charles Ramos, 08/21/16 Preparation of exhibits for potential use at deposition of RKD 1.20 Stephanie Slater, Assistant Chief Kelly Harris, and CSI Robin Eichorst. 08/22/16 Telephone conference with Palm Beach County Jail re: CME of NSM 0.20 Plaintiff, Byron Harris. 08122/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Jeffrey Williams. Page 555 of 1471 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 29 r 1 4 Date Services Attomey Hours 08/22/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: deposition of Jeffrey Williams and deposition of Stephanie Slater. 08/22/16 Preparation of e-mail to Plaintiff's counsel Farkas re: deposition LHR 0.10 of Jeffrey Williams. 08/22/16 Receipt and review of email response from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Stephanie Slater. 08/22/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Stephanie Slater. 08/22/16 Preparation of e-mail to Plaintiffs counsel Farkas re: deposition LHR 0.10 of Stephanie Slater. 08/22/16 Receipt and review of third email from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Stephanie Slater. 08/22/16 Preparation of second e-mail response to City Paralegal Lynn LHR 0.10 Swanson re: deposition of Stephanie Slater. 08/22/16 Telephone conference with Carolina Luque with City of Boynton AGA 0.30 Beach's IT department re search of City's emails for "Byron Harris", number of hits from search and estimated cost of the same. 08/22/16 Telephone conference with Shayla Ellis of City of Boynton AGA 0.30 Beach re Plaintiffs request for emails with search term "Byron Harris" and estimated cost of the same. 08/22/16 Preparation of Second Re -Notice of Taking Deposition of LHR 0.20 Plaintiffs Expert Dr. Craig Lichtblau. 08/22/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Re -Notice of Taking Video Deposition Duces Tecum of Officer Alfred Martinez, Plaintiff's Notice of Taking Video Deposition of Stephanie Slater, and our Re -Notice of Taking Deposition of Dr. Craig Lichtblau. 08/22/16 Preparation of e-mail to City Paralegal Lynn Swanson re: need LHR 0.10 for additional pre -deposition meeting with Capt. DeGuilio. 08/22/16 Receipt and review of email response from City Paralegal Lynn LHR 0.10 Swanson re: need for additional pre -deposition meeting with Capt. DeGuilio. 08/22/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.20 Schwartz re: questions concerning production of additional State Attorney documentation. 08/22/16 Telephone conference with Capt. DeGuilio re Plaintiff's request AGA 0.30 for emails, estimated cost of production and review and confirming his department will handle review of emails. 08/22/16 Telephone conference with Sgt. Matson re Plaintiffs request for AGA 0.30 production of City's emails using search term "Byron Harris" and estimated cost of review, redaction and production of the some. Page 556 of 1471 Client: City of Boynton Beach September iR • Boynton Beach Page Date Services tr 08/22/16 Correspondence to Linney F=innes counsel for Plaintiff re AGA 0.30 Plaintiffs request for production of City's emails using search term "Byron Harris" and estimated cost of review, redaction and production of the same. 08/22/16 Telephone conference with Charlotte County Clerk of Court re: NSM 0.30 status of records pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell pursuant to subpoena duces tecum. 08/22/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.30 continued discovery issues and attempting to resolve same. 08/22/16 Receipt and review of Plaintiffs Amended Notice of Taking LHR 0.20 Video Deposition Duces Tecum of Stephanie Slater. 08/22/16 Receipt and review of Plaintiffs Notice of Taking Video LHR 0.20 Deposition Duces Tecum of Jeffrey Williams. 08/22/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Amended Notice of Taking Video Deposition Duces Tecum of Stephanie Slater, and Notice of Taking Video Deposition Duces Tecum of Jeffrey Williams. 08/22/16 Second telephone conference with Charlotte County Clerk of NSM 0.20 Court re: status of records pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell pursuant to subpoena duces tecum. 08/22/16 Preparation of correspondence to defense expert, Dr. Michael LHR 0.40 Zeide re: CME of Plaintiff, Byron Harris pursuant to Court Order dated August 12, 2016. 08/22/16 Second telephone conference with Shayla Ellis of City of AGA 0.30 Boynton Beach re Plaintiffs request for emails with search term "Byron Harris" and estimated cost of the same. 08/22/16 Telephone conference with Hendry County Sheriffs Office re: NSM 0.20 status of records for Byron Harris, Ashley Hill, and Jeffrey Braswell pursuant to public records request. 08/22/16 Preparation of correspondence to all defense counsel re: LHR 0.40 deposition transcript of Officer Michael Brown. 08/22/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.70 previous production of documents pursuant to Plaintiffs Request to Produce to City and discussing discovery issues. 08/22/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Farkas re: continued insistence they have not received photographs we produced and upcoming conference to discuss case. 08/22/16 Receipt and review of e-mail from Co -Defendant's counsel LHR 0.10 Wydler re: need for records of Dr. Stephanie Slater for upcoming deposition as none in their possession. 08/22/16 Preparation of email response to Co -Defendant's counsel LHR 0.10 Wydler re: advising Stephanie Slater is not a physician and is City employee, therefore no records to produce. Page 557 of 1471 Client: City of Boynton Beach Matter: 16110 - Harris v. Boynton Beach Date I 08/22/16 Receipt and review of second e-mail from Co -Defendant's counsel Wydler re: acknowledging Stephanie Slater is a City employee and not a treating physician. 08/22/16 Preparation of second e-mail response to Plaintiffs counsel Farkas re: acknowledging request for another copy of photographs we produced and upcoming conference to discuss case. September 13, 2016 Page 31 Attorney LHR 0.10 08/22/16 Preparation of e-mail to Plaintiffs counsel Finney re: need for LHR Mediation, potential complications with same due to his client 08/22/16 being incarcerated, and suggesting Rodney Romano as LHR 0.10 mediator for this case. 08/22/16 Receipt and review of email response from Plaintiffs counsel LHR Linnes Finney re: agreement with need to proceed to 08/22/16 Mediation, potential complications due to his client's LHR 0.10 incarceration, and agreement to Rodney Romano as potential 08/22/16 mediator. LHR 0.20 08/22/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR advising they have found the photographs previously produced 08/22/16 by City as same were misfiled on their end. LHR 0.70 08/22/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR acknowledging and confirming they have found the photographs previously produced by City. 08/22/16 Receipt and review of Plaintiffs Third Request for Production to LHR City of Boynton Beach. 08/22/16 Receipt and review of e-mail from Linnes Finney counsel for AGA Plaintiff re: agreement with cost for searching term Byron Harris in City emails and producing same. 08/22/16 Preparation of e-mail to Linnes Finney counsel for Plaintiff re: AGA invoice for document production. 08/22/16 Receipt and review of letter of no records received from Hendry LHR County Sheriffs Office pertaining to Plaintiff, Byron Harris. I too t o 0.20 0.20 0.50 0.30 0.20 0.20 08/22/16 Receipt and review of executed psychological authorization for LHR 0.10 JFK Medical Center by Plaintiff, Byron Harris. 08/22/16 Receipt and review of executed medical authorization for JFK LHR 0.10 Medical Center by Plaintiff, Byron Harris. 08/22/16 Receipt and review of executed authorization for South County LHR 0.10 Mental Health Center by Plaintiff, Byron Harris. 08/22/16 Receipt and review of e-mail from defense expert, Dr. Michael LHR 0.10 Zeide re: CME of Plaintiff, Byron Harris. 08/22/16 Receipt and review of e-mail from Robert Schwartz, Esq. re: LHR 0.20 FBI documents pertaining to Byron Harris, Ashley Hill, and Jeffrey Braswell pursuant to public records request. 08/22/16 Extensive telephone conference with expert Chuck Joyner re: LHR 0.70 his initial opinions, his rebuttals to Plaintiffs expert Roy Bedard, and his anticipated report. Page 558 of 1471 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 32 PROFESSIONAL SERVICES Date Services Attorney Hours 08/22/16 Extensive telephone conference with Plaintiffs counsel Linnes LHR 0.70 Finney and Julia Farkas re: numerous discovery issues and attempting to resolve same. 08/23/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: additional pre -deposition meeting with Capt. DeGuilio. 08/23/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: additional pre -deposition meeting with Capt. DeGuilio. 08/23/16 Receipt and review of e-mail from Shayla Ellis Boynton Beach AGA 0.20 re: documents requested by Plaintiff. 08/23/16 Preparation of email response to Shayla Ellis Boynton Beach AGA 0.20 re: documents requested by Plaintiff. 08/23/16 Preparation of correspondence to Linnes Finney, Jr., Esq. re: LHR 0.30 records received from Palm Beach County State Attorney's Office pursuant to public records request. 08/23/16 Preparation of e-mail to Plaintiffs counsel Farkas re: LHR 0.20 suggesting she draft proposed Motion to Take More Than 10 Depositions for approval by all parties for filing with the Court. 08/23116 Preparation of CD for Linnes Finney, Jr., Esq. containing RKD 0.50 records received from Palm Beach County State Attorney's Office pursuant to public records request. 08/23/16 Telephone conference with City Paralegal Lynn Swanson re: LHR 0,10 issues with pre -deposition meeting with Capt. DeGuilio due to being called to trial, and attempting to resolve same. 08/23/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: pre -deposition meeting with Capt. DeGuilio and resolution of issues concerning same. 08/23/16 Preparation of second e-mail response to City Paralegal Lynn LHR 0.10 Swanson re: pre -deposition meeting with Capt. DeGuilio and resolution of issues concerning same. 08/23/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: deposition of Patrick Monteith and status of notice for same. 08/23/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: deposition of Patrick Monteith and status of notice for same. 08/23/16 Preparation of e-mail to Plaintiffs counsel Farkas re: deposition LHR 0.10 of Patrick Monteith and status of notice for same. 08/23/16 Receipt and review of email response from Plaintiffs counsel, LHR 0.20 Julia Farkas, Esq. re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. 08/23/16 Receipt and review of second e-mail from Plaintiffs counsel, LHR 0.20 Julia Farkas, Esq. re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. 08/23/16 Preparation of e-mail to Plaintiffs counsel, Julia Farkas, Esq. LHR 0.20 and all co -counsel re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. Page 559 of 1471 Client. City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 33 Page 560 of 1471 r. 2 rours To lse, 40 Page 560 of 1471 Client: City of Boynton Beach September 13, 201f ! Boynton Beach Page 34 Date Services Attorney Hours 08/24/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.20 requesting agreement to shorten time for City to respond to Plaintiffs Third Request to Produce by two days to fall within discovery cutoff, and if agreeable, confirming Plaintiff would also provide responses to any discovery propounded on him this week by any party within discovery cutoff. 08/24/16 Preparation of e-mail to Lynn Swanson City of Boynton Beach AGA 0.20 re: Assistant Chief Kelly Harris and Robin Eichorst. 08/24/16 Receipt and review of e-mail from Lynn Swanson City of AGA 0.20 Boynton Beach re: Assistant Chief Kelly Harris and Robin Elichorst. 08/24/16 Preparation of second email to Lynn Swanson City of Boynton AGA 0.20 Beach re: Sgt. Antico. 08/24/16 Receipt and review of second e-mail from Lynn Swanson City AGA 0.20 of Boynton Beach re: Sgt. Antico. 08/24/16 Preparation of third email to Lynn Swanson City of Boynton AGA 0.20 Beach re: Assistant Chief Kelly Harris and Robin Eichorst. 08/24/16 Receipt and review of third email from Lynn Swanson City of AGA 0.20 Boynton Beach re: Assistant Chief Kelly Harris and Robin Eichorst. 08/24/16 Receipt and review of fourth email from Lynn Swanson City of AGA 0.20 Boynton Beach re: Detective Cynthia Rivera. 08/24/16 Receipt and review of fifth email from Lynn Swanson City of AGA 0.20 Boynton Beach re: Detective Ramos. 08/24/16 Preparation of fourth email to Lynn Swanson City of Boynton AGA 0.20 Beach re: Detective Cynthia Rivera and Detective Ramos. 08/24/16 Receipt and review of Defendant Medeiros' Request for Copies LHR 0.20 to Plaintiff for documents produced by City in response to Plaintiffs Second and Third Requests for Production. 08/24/16 Receipt and review of Defendant Medeiros' Request for Copies LHR 0.20 to Defendant Harris for records received pursuant to his Notice of Production from Non -Party dated July 29, 2016. 08/24/16 Receipt and review of e-mail from Plaintiffs counsel Farkas LHR 0.40 with Plaintiffs proposed Unopposed Motion to Exceed Ten Depositions & Memorandum of Law, and review of same. 08/24/16 Receipt and review of 3rd email from Plaintiffs counsel, Julia LHR 0.20 Farkas, Esq. re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca. 08/24/16 Telephone conference with Dr. Manuel Mantes de Oca re: LHR 0.20 Byron Harris, Jr. 08/24/16 Telephone conference with Dr. Pierre Dorsainvil re: Byron LHR 0.20 Harris, Jr. 08/24/16 Preparation of email response to Plaintiffs counsel, Julia LHR 0.20 Farkas, Esq. re: Dr. Pierre Dorsainvil and Dr. Manuel Montes de Oca, status of case. Page 561 of 1471 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 35 ZT-61 a 4*11 Date Services Afforney Hours 08/24/16 Preparation of correspondence to Julie Oldbury re: Plaintiff, LHR 0.30 Byron Harris' Second and Third Request to Produce to the City of Boynton Beach. 08/24/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.20 acknowledging request for shortening of time for City to respond to Plaintiffs Third Request to Produce, potential issues with same, and status of providing agreement or objection. 08/24/16 Attendance at the deposition of Officer Philip Antico in West AGA 0.50 Palm Beach, Florida. (Officer Antico did not appear for his deposition) 08/24/16 Attendance at the depositions of Assistant Chief Harris and AGA 4.60 Robin Eichorst in West Palm Beach, Florida. 08/25/16 Correspondence to City Risk Manager Julie Oldbury re: Notice LHR 0.20 of Taking Video Conference Deposition Duces Tecum of Plaintiffs Expert Roy Bedard. 08/25/16 Receipt and review of e-mail from Plaintiffs counsel Farkas re: LHR 0.10 deposition of Gary Garafalo. 08/25/16 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.10 deposition of Gary Garafalo. 08/25/16 Receipt and review of email response from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Gary Garafalo. 08/25/16 Preparation of second e-mail response to City Paralegal Lynn LHR 0.10 Swanson re: deposition of Gary Garafalo. 08125/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 to Officer Gary Garafalo re: his deposition. 08/25116 Correspondence to Linnes Finney counsel for Plaintiff re: AGA 0.30 Officer Philip Antico's personal attorney. 08/25/16 Preparation of e-mail to Lynn Swanson City of Boynton Beach AGA 0.20 re: Patrick Monteith and Jeffrey Williams. 08/25/16 Receipt and review of e-mail from Lynn Swanson City of AGA 0.20 Boynton Beach re: Patrick Monteith and Jeffrey Williams. 08/25/16 Preparation of e-mail to Plaintiffs counsel Farkas re: advising LHR 0.20 of City's agreement with proposed Motion to Exceed 10 Depositions. 08/25/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: deposition of Gary Garafalo. 08/25/16 Preparation of third email to City Paralegal Lynn Swanson re: LHR 0.10 deposition of Gary Garafalo. 08/25/16 Preparation of fourth email to City Paralegal Lynn Swanson re: LHR 0.10 deposition of Gary Garafalo and advising Plaintiff has decided not to set at this time. 08/25/16 Telephone conference with Wellington Regional Medical Center RKD 0.20 re: status of radiology records pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. Page 562 of 1471 Client: City of Boynton Beach • ' Matter: 16110 - Harris v. Boynton Beach Date Services r 08/25/16 Second telephone conference with Wellington Regional Medical RKD 0.20 Center re. status of radiology records pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 08/25/16 Preparation of correspondence to South County Mental Health LHR 0.30 Center, Inc. re: executed authorization pertaining to Plaintiff, Byron Harris. 08/25/16 Attendance at the deposition of Cynthia Rivera in West Palm AGA 2.70 Beach, Florida. 08/25/16 Receipt and review of e-mail from Lynn Swanson City of AGA 0.20 Boynton Beach re: Patrick Monteith. 08/25/16 Receipt and review of second e-mail from Lynn Swanson City AGA 0.20 of Boynton Beach re: Jeffrey Williams. 08/25/16 Preparation of email response to Lynn Swanson City of AGA 0.20 Boynton Beach re: Jeffrey Williams. 08/25/16 Receipt and review of e-mail from Michael T. Burke, Esq. re: LHR 0.10 Request for Copies pursuant to the City's Notice of Production from Non -Party. 08/25/16 Receipt and review of Defendant, Brown's Request for Copies LHR 0.20 to City of Boynton Beach dated May 18, 2016 pursuant to Notice of Production from Non -Party dated May 12, 2016 not previously received. 08/25/16 Receipt and review of Defendant, Brown's Request for Copies LHR 0.20 to City of Boynton Beach dated August 1, 2016 pursuant to Notice of Production from Non -Party dated July 28, 2016 not previously received. 08/25/16 Preparation of CD containing deposition transcripts for RKD 0.50 Defendants, Maiorino, Medeiros and Ryan for defense expert, Chuck Joyner. 08/25/16 Preparation of correspondence to Chuck Joyner re: deposition LHR 0.30 transcripts for Defendants, Maiorino, Medeiros and Ryan. 08/25/16 Preparation of correspondence to all defense counsel re: LHR 0.30 deposition transcripts for Defendants, Maiorino, Medeiros and Ryan. 08/25/16 Telephone conference with Julie Oldbury, City Risk Manager, LHR 0.30 re: Plaintiffs Motion for Deposition in Excess of Ten and recommendation concerning same. 08/25/16 Receipt and review of Plaintiffs Unopposed Motion to Exceed LHR 0.40 10 Depositions Pursuant to Federal Rule of Civil Procedure 30(a)(2)(A) and Memorandum of Law. 08/25/16 Attendance at the Plaintiffs depositions of Officer Justin Roth AGA 10.20 Harris, Detective Charles Ramos, Officer Patrick Monteith and Officer Jeffrey Williams in West Palm Beach, Florida. 08/26/16 Correspondence to Julie Oldbury City of Boynton Beach re: AGA 1.30 summaries of the depositions of Stephanie Slater and Alfred Martinez. Page 563 of 1471 Client: City of Boynton Beach September 13, 201 it Matter: 16110 - Harris v. Boynton Beach Page 37 R1*114*11 Page 564 of 1471 Il Page 564 of 1471 Client City of Boynton Beach September 13, 2019 Matter: 16110 - Harris v. Boynton Beach Page 38 Date r 08/26/16 Receipt and review of e-mail from Bruce Jolly counsel for AGA 0.20 Maiorino re: FARO scans. 08/26/16 Telephone conference with Medical Center imaging re: status RKD 0.20 of billing and diagnostic films pertaining to Byron Harris pursuant to subpoena duces tecum. 08/26/16 Receipt and review of e-mail from Oscar Marrero, Esq. re: LHR 0.10 delivery of records pursuant to City's Notice of Compliance dated August 5, 2016 to Defendant, Justin Harris' Request for Copies. 08/26/16 Preparation of email response to Oscar Marrero, Esq. re: LHR 0.10 delivery of records pursuant to City's Notice of Compliance dated August 5, 2016 to Defendant, Justin Harris' Request for Copies. 08/26/16 Receipt and review of second e-mail from Oscar Marrero, Esq. LHR 0.10 re: delivery of records pursuant to City's Notice of Compliance dated August 5, 2016 to Defendant, Justin Harris' Request for Copies. 08/26/16 Review records pertaining to Plaintiffs passenger, Ashley Hill, RKD 1.80 received from DHSMV (2 pgs), Palm Beach County County Criminal Clerk (2 pgs), Department of Corrections (54 pgs), FDLE (8 pgs), and Palm Beach County Sheriffs Office (105 pgs) to identify any criminal records, felony convictions, or other defense leads. 08/26/16 Receipt and review of email response from Plaintiffs counsel LHR 0.10 Farkas re: advising Mr. Harris' sisters Aisha and Angela will need to be placed under subpoena for deposition. 08/26/16 Preparation of second email to Plaintiffs counsel Farkas re: LHR 0.10 requesting to be advised of last names of Mr. Harris' sisters Aisha and Angela for subpoenaing same for deposition. 08/26/16 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Farkas re: status of providing proper last names of Mr. Harris' sisters Aisha and Angela for subpoenaing same for deposition. 08/27/16 Review records pertaining to Plaintiffs passenger, Jeffrey RKD 4.10 Braswell, received from Palm Beach County Circuit Criminal Clerk (45 pgs), Palm Beach County County Criminal Clerk (16 pgs), Delray Beach Police Department (35 pgs), DHSMV (5 pgs), Broward Sheriffs Office (10 pgs), Broward County Clerk of Criminal Court (13 pgs), Broward County State Attorney's Office (67 pgs), FDLE (12 pgs), Department of Corrections (2 pgs), Palm Beach County Sheriffs Office (210 pgs) to identify any criminal records, felony convictions, or other defense leads. 08/28/16 Receipt and review of e-mail from Charles Joyner, defense RKD 0.20 expert, re: request for copy of Plaintiffs deposition transcript. 08/28/16 Review of file materials including plaintiffs deposition and AGA 4.50 medical records in preparation for the deposition of Dr. Craig Lichtblau. Page 565 of 1471 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 39 URT#19444PGZ� 4� Date Services Attorney Hours 08128/16 Preparation of potential exhibits for use at deposition of Captain RKD 1.80 Deguilio and Chief Katz. 08/29/16 Preparation of correspondence to Linnes Finney, Plaintiffs LHR 0.30 Counsel re: returning USB Drive with BBPD's inspection of vehicle and advising FARO scans need larger USB Drive. 08/29/16 Preparation of correspondence to Oscar Marrero, Defendant LHR 0.30 Harris' Counsel re: returning USB Drive with FARO scans. 08/29/16 Preparation of e-mail to Lynn Swanson re: enclosing RKD 0.30 documents referenced in Plaintiffs Third Request to Produce to City of Boynton Beach. 08/29/16 Telephone conference with Lynn Swanson re: questions RKD 0.20 pertaining to Plaintiffs Third Request to Produce to City of Boynton Beach. 08129/16 Receipt and review of e-maii from Lynn Swanson City of AGA 0.20 Boynton Beach re: Chief Katz. 08/29/16 Preparation of public records request to Palm Beach County LHR 0.60 Courthouse re: certified copies of case materials pertaining to Plaintiff, Byron Harris. 08/29116 Preparation of correspondence to defense expert, Chuck LHR 0.30 Joyner re: deposition transcript and video pertaining to Plaintiff, Byron Harris. 08/29/16 Preparation of 4 CD's containing Plaintiff, Byron Harris' LHR 1.00 Answers to Defendant, Harris' Interrogatories and Defendant Maiorino's Answers and Defendant, Majorino's Answers and Responses to Plaintiffs Interrogatories and Requests for Production. 08/29/16 Receipt and review of tax records received from IRS pertaining LHR 0.50 to Plaintiff, Byron Harris pursuant to executed authorization. 08/29/16 Receipt and review of Court's executed endorsed Order LHR 0.20 granting Plaintiffs Unopposed Motion to Expand Number of Depositions. 08/29/16 Receipt and review of e-mail from Plaintiff's counsel Farkas re: LHR 0.10 deposition of Dr. Lichtblau and status of check for same. 08/29/16 Preparation of email response to Plaintiffs counsel Farkas re: LHR 0.10 deposition of Dr. Lichtblau and status of check for same. 08/29/16 Preparation of e-mail to City Risk Manager Julie Oldbury re: LHR 0.20 status of deposition fee for Dr. Lichtblau. 08/29/16 Two telephone conferences with Sgt. Picciano re: questions RKD 0.30 pertaining to Plaintiffs Second and Third Requests for Production. 08/29/16 Receipt and review of Affidavit of Service for Medical Center LHR 0.10 Imaging pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. Page 566 of 1471 Client: City of Boynton each September 13, 2016 Matter: 16110 - Harris v. Boynton each Page 40 PROFESSIONAL SERVICES Date Services Aftorney Hours 08129/16 Receipt and review of Affidavit of Service for South County LHR 0.10 Mental Health Center pursuant to subpoena duces tecum pertaining to Plaintiff, Byron Harris. 08/29/16 Receipt and review of e-mail from Oscar Marrero counsel for AGA 0.20 Defendant, Harris, re: Dr. Craig Lichtblau's report. 08/29/16 Receipt and review of Affidavit of Service for The Geo Group LHR 0.10 pursuant to subpoena duces tecurn pertaining to Plaintiff, Byron Harris. 08/29/16 Receipt and review of Affidavit of Service for Wellington LHR 0.10 Regional Medical Center pursuant to subpoena duces tecurn pertaining to Plaintiff, Byron Harris. 08/29/16 Attendance at final pre -deposition conference with Capt. LHR 2.10 DeGuilio as the representative with the most knowledge concerning use of force on behalf of the City of Boynton Beach at City Hall in Boynton Beach, FL. 08/29/16 Receipt and review of e-mail from Shayla Ellis City of Boynton AGA 0.20 Beach re: emails containing the phrase Byron Harris requested by Plaintiff. 08/29/16 Telephone conference with Shayla Ellis City of Boynton Beach AGA 0.20 re: emails containing the phrase Byron Harris requested by Plaintiff. 08/29/16 Receipt and review of e-mail from Co -Defendant's counsel Don LHR 0.10 Stephens re: upcoming deposition of Dr. Craig Lichtblau and requesting copy of expert report. 08/29/16 Preparation of email response to Co -Defendant's counsel Don LHR 0.10 Stephens re: advising Dr. Lichtblau's report was contained within Plaintiffs expert disclosures and no separate report drafted or received. 08/29/16 Receipt and review of second e-mail from Co -Defendant's LHR 0.10 counsel Don Stephens re: acknowledging Dr. Lichtblau's only report to date was contained in Plaintiffs expert disclosures and his having possession of same. 08/29/16 Attendance at deposition of Chief Jeffrey Katz in West Palm AGA 4.00 Beach, Florida. (deposition was not concluded and will be continued at a later date) 08/30/16 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed endorsed Order granting Plaintiffs Unopposed Motion to Expand Number of Depositions. 08/30/16 Receipt and review of Plaintiffs Amended Notice of Taking LHR 0.20 Deposition of Leif Broberg. 08/30/16 Preparation of email response to Oscar Marrero counsel for AGA 0.20 Defendant, Harris, re: Dr. Craig Lichtblau's report. 08/30/16 Receipt and review of e-mail from Oscar Marrero counsel for AGA 0.20 Defendant, Harris, re: Dr. Craig Lichtblau's report. Page 567 of 1471 Client: City I f Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 41 Page 568 of 1471 VTi*FrzVl - =,o EM Mi. 4011 Page 568 of 1471 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 42 Date Services Attomey Hours 08/30116 Preparation of email response to Oscar Marrero, Esq. re: LHR 0.20 depositions of treating physicians pertaining to Plaintiff, Byron Harris. 08/30/16 Receipt and review of second e-mail from Oscar Marrero, Esq. LHR 0.10 re: status of workers' compensation records pertaining to Plaintiff, Byron Harris pursuant to Notice of Compliance dated August 5, 2016. 08/30/16 Receipt and review of e-mail from Charles Joyner, defense LHR 0.20 expert, re: confirm receipt of deposition transcripts and additional materials for review and opinion. 08/30/16 Receipt, review and response to email from Sgt. Picclano re: RKD 0.30 questions pertaining to Plaintiffs Second and Third Request to Produce to City and providing DropBox link to City's Response to Plaintiffs First Request to Produce. 08/30/16 Receipt and review of correspondence from The Geo Group re: LHR 0.20 redirection of subpoena duces tecum pertaining to Plaintiff, Byron Harris. 08/30/16 Attendance at the deposition of Plaintiffs expert Dr. Craig AGA 3.50 Lichtblau in North Palm Beach, FL. 08/30/16 Attendance at Plaintiff's deposition of Captain ❑eGuillo in West AGA 2.20 Palm Beach, FL. 08/30/16 Preparation of Statement of Assurance (HIPAA) to School LHR 0.10 District of Palm Beach County pertaining to Byron Harris. 08/30/16 Preparation of Statement of Assurance (HIPAA) to Wayne LHR 0.10 Barton Study Center pertaining to Byron Harris. 08/30/16 Preparation of Notice of Production from Non -Party directed to LHR 0.20 School District of Palm Beach County pertaining to Byron Harris. 08/30/16 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Wayne Barton Study Center pertaining to Byron Harris. 08/30/16 Preparation of subpoena duces tecum directed to School LHR 0.10 District of Palm Beach County pertaining to Byron Harris. 08/30/16 Preparation of subpoena duces tecum directed to Wayne LHR 0.10 Barton Study Center pertaining to Byron Harris. 08/30/16 Preparation of of potential exhibits for use at deposition of RKD 1.80 passengers, Ashley Hill and Jeffrey Braswell, and Plaintiffs mother Charlene Edwards. 08/31/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Amended Notice of Taking Deposition of Leif Broberg and Supplemental Initial Disclosures. 08/31/16 Receipt and review of email response from Defendants's LHR 0.20 counsel, Robert Okon, Esq. re: Rebekah Leah Devery. 08/31/16 Draft/Revise Re -Notice of Taking Deposition re: Rebekah Leah LHR 0.20 Devery. Page 569 of 1471 Client: City of Boynton Beach fBeach IJ J47 t1*1141501 L F_I W134ATI110 Date is 08/31/16 Preparation of e-mail to Plaintiffs counsel, Julia Farkas, Esq. re: Rebekah Leah Devery. 08/31/16 Receipt, review and response to Plaintiffs counsel, Julia Farkas, Esq. re: Rebekah Leah Devery. 08/31/16 Extensive telephone conference with palm Beach County Sheriffs Office re: intake photos pertaining Plaintiff, Byron Harris' injuries. 08/31/16 Telephone conference with Dr. Craig Lichtblau re: status of CD pursuant to request at deposition pertaining to Plaintiff, Byron Harris. September 13, 2016 Preparation of correspondence to Julie Oldbury re: criminal Page 43 Attorney record summary pertaining to Plaintiff, Byron Harris, Ashley Hill, LHR 0.10 LHR 0.20 NSM 0.40 RKD 0.20 08/31/16 Preparation of correspondence to Julie Oldbury re: criminal LHR record summary pertaining to Plaintiff, Byron Harris, Ashley Hill, and Jeffrey Braswell. 08/31/16 Receipt and review of e-mail from Plaintiffs counsel, Julia LHR 08/31/16 Farkas, Esq. re: Rebekah Leah Devery. LHR 0.10 08/31/16 Receipt and review of billing records received from Armor LHR Correctional Health Services pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 08/31/16 Preparation of e-mail to all defense counsel re: need for in LHR person or phone conference to discuss ability/inability for 08/31/16 sharing of police practices expert. LHR 0.20 08/31/16 Telephone conference with Correct Care Solutions re: status of RKD medical records pertaining to Plaintiff, Byron Harris. 08/31/16 Receipt and review of email response from Co -Defendant's LHR counsel Schwartz re: potential upcoming in person or phone conference to discuss ability/inability for sharing of police practices expert. 08/31/16 Receipt and review of email response from Co -Defendant's LHR counsel Jolly re: potential upcoming in person or phone conference to discuss ability/inability for sharing of police practices expert. 1.40 0.20 0.50 0.20 0.20 0.10 0.10 08/31/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Stephens re: potential upcoming in person or phone conference to discuss ability/inability for sharing of police practices expert. 08/31/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Marrero re: potential upcoming in person or phone conference to discuss ability/inability for sharing of police practices expert. 08/31/16 Receipt and review of Plaintiffs Re -Notice of Taking Video LHR 0.20 Deposition Duces Tecum of Sgt. Philip Antico. 08/31/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Re -Notice of Taking Video Deposition Duces Tecum of Sgt. Philip Antico. Page 570 of 1471 Client: City of • Beach September Matter: 16110 - Harris v. Boynton Beach Page 44 Date Services Attorney 08/31/16 Receipt and review of City Paralegal Lynn Swanson re: LHR 0.10 questions concerning depositions of Sgt. Antico and Dr. Habib. 08/31/16 Receipt and review of Co -Defendant's counsel Schwartz to LHR 0.10 Plaintiffs counsel Farkas re: questions concerning depositions of Sgt. Antico and Dr. Habib. 08/31/16 Preparation of Defendant, Boynton Beach's Request for Copies LHR 0.30 to Defendant, Harris pursuant to Notice of Production From Non -Party dated July 29, 2016. 08/31/16 Preparation of e-mail to Chuck Joyner, defense expert, re: LHR 0.20 enclosing TAser download report for Defendant Herny. 08/31/16 Telephone conference with Chuck Joyner re: questions RKD 0.20 pertaining to taser download reports and inspection of Plaintiffs vehicle. 08/31/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Burke re: conference to discuss potential police practices expert. 08/31/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Lewis re: conference to discuss potential police practices expert. 08/31/16 Receipt and review of email response from Co -Defendant's LHR 0.10 counsel Okon re: conference to discuss potential police practices expert. 08/31/16 Preparation of second email to all defense counsel re: LHR 0.10 upcoming conference to discuss potential police practices expert. 08/31/16 Attendance at deposition of Deputy Sheriff Cory Emanuel Gray AGA 1.30 (former Boynton Beach Police Department Officer) in West Palm Beach, FL. 08/31/16 Preparation of Statement of Assurance (HIPAA) to Burger King LHR 0.10 Corporation pertaining to Byron Harris. 08/31/16 Preparation of Statement of Assurance (HIPAA) to Corizon LHR 0.10 Health, Inc. pertaining to Byron Harris. 08/31/16 Preparation of Statement of Assurance (HIPAA) to Delray LHR 0.10 Beach Fire -Rescue Department pertaining to Byron Harris. 08/31/16 Preparation of Statement of Assurance (HIPAA) to Delray LHR 0.10 Medical Center pertaining to Byron Harris. 08/31/16 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Burger King Corporation pertaining to Byron Harris. 08/31/16 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Corizon Health, Inc. pertaining to Byron Harris. 08/31/16 Preparation of Notice of Production from Non -Party directed to LHR 0.20 Delray Beach Fire -Rescue Department pertaining to Byron Harris. Page 571 of 1471 Client: City of Boynton Beach September 13, 2016 Matter: 16110 - Harris v. Boynton Beach Page 45 Date Services Attorney Hours 08/31/16 Preparation of Notice of Production from Non -Party directed to LHR 0.20 LHR Delray Medical Center pertaining to Byron Harris. NSM 08/31/16 Preparation of subpoena duces tecum directed to Corizon LHR 0.10 172.20 Health, Inc. pertaining to Byron Harris. 28,413.00 08/31116 Preparation of subpoena duces tecum directed to Delray Beach LHR 0.10 61.90 Fire -Rescue Department pertaining to Byron Harris. 4,952.00 08/31/16 Preparation of subpoena duces tecum directed to Delray LHR 0.10 Medical Center pertaining to Byron Harris. 08/31/16 Preparation of e-mail to all defense counsel re: Dr. Craig AGA 0.30 Lichtblau's treatises. 08/31/16 Receipt and review of of Practice Management article and AGA 0.50 Clinical Review Focused article relied on by Dr. Craig Lichtblau for his treatment and report on Plaintiff. 08/31/16 Receipt and review of Affidavit of Service for Columbia Hospital LHR 0.10 pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 08/31116 Receipt and review of e-mail from Palm Beach County Sheriffs LHR 0.20 re: booking photos pertaining to Plaintiff, Byron Harris pursuant to subpoena duces tecum. 08/31/16 Receipt and review of e-mail from Dr. Craig Lichtblau re: LHR 0.10 medical records pertaining to Plaintiff, Byron Harris pursuant to deposition. 08/31/16 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: her questions concerning Leah Devery. 08/31/16 Preparation of email response to City Paralegal Lynn Swanson LHR 0.10 re: answering her questions concerning Leah Devery and advising she is ER Nurse for Bethesda who treated Plaintiff after subject incident. 08/31/16 Receipt and review of second e-mail from City Paralegal Lynn LHR 0.10 Swanson re: acknowledging Leah Devery is ER Nurse. ABE Alex B. Ershock, Associate AGA Andrea G. Amigo, Partner KRH Keith R. Hedrick, Associate LHR Lyman H. Reynolds, Jr., Partner NSM Nicholas S. Madsen, Associate RKD Rebecca K. Davis, Paralegal 172.20 Total Professional Services Hours Rate Amount 8.30 140.00 1,162.00 61.40 165.00 10,131-00 7.00 140.00 980.00 172.20 165.00 28,413.00 19.50 140.00 2,730.00 61.90 80.00 4,952.00 330.30 $48,368.00 Page 572 of 1471 Client: City of Boynton Beach September1 1 Boynton Beach '.M-. NIE:t41 Date Description t 08/02/16 Courier fee #807158285098: Chuck Joyner, Survival 18.89 Sciences - Federal Express 08/04/16 Travel Boynton Beach: attend meetings w/Sgt. Aiken, 25.92 Capt. DeGuilio, Stephanie Slater, Chief Katz, Det. Llopis, Capt. Zeller, Chris Munro, Dan Kline, Maj. Wallace, Ofc Moneigh & Ofc Rivera. - Lyman H. Reynolds, Jr. 08/04/16 Costs Advanced Boynton Beach: attend meetings w/ Sgt. 18.50 Aiken, Capt. DeGuilio, Stephanie Slater, Chief Katz, Det. Llopis, Capt. Zeller, Chris Munro, Dan Kline, Maj. Wallace, Ofc. Monteigh and Ofc. Rivera. Lunch: $18.50 - Lyman H. Reynolds, Jr. 08/09/16 Outside Printing copies, re: Harris - Florida Department of 69.40 Economic Opportunity 08/09/16 Outside Printing #4684 copies, re: Harris - Bethesda 29.82 Hospital, Inc. 08/09/16 Travel Boynton Beach: attend meetings w/Ofcr Dauta and 25.92 Det. Athol. - Lyman H. Reynolds, Jr. 08/10/16 Travel Boynton Beach: attend meetings w/OfFcers Sohn, 25.92 Williams, Rivera, Eichorst & Garofalo. - Lyman H. Reynolds, Jr. 08/11/16 Facsimile Charges 561-842-3774 to Dr. Craig Lichtblau. 1.00 08/11/16 Travel Boynton Beach: attend meetings w/Sgt. Antico and 25.92 Capt. McNevin. - Lyman H. Reynolds, Jr. 08/11/16 Costs Advanced USDC Courthouse: Parking, attend 2.00 court-ordered discovery hearing before Magistrate Brannon. - Nicholas Madsen 08/17/16 Travel Boynton Beach: meetings at City Hall w/Asst. Chief 25.92 Crawford, Capt. DeGuilio, Janet Whooten, Asst. Chief Harris, Ofcr Grigonan, Det. Ramos, Det. Naulty. - Lyman H. Reynolds, Jr. 08/17/16 Costs Advanced Boynton Beach: meetings at City Hall 18.16 w/Asst. Chief Suzanne Crawford, Capt. DeGullio, Janet Whooten, Asst. Chief Kelly Harris, Ofcr Grigonan, Det. Ramos, Det. Naulty. - Lyman H. Reynolds, Jr. 08/18/16 Court Reporter#169835: depo, Plf, Byron L. Harris, Jr. - 1,702.53 Florida Court Reporting 08/18/16 Costs Advanced PB County Jail: attend video depo, Plf 18.76 Byron Harris. - Lyman H. Reynolds, Jr. 08/25/16 Facsimile Fax to 561-798-8691. 6.00 08/29/16 Subpoena Fees #LAS -2016010163 service: Briana Garrett 25.00 re: Harris - Legal Advocate Services, Inc. 08/29/16 Subpoena Fees #LAS -2016010158 service: Carol Adami 25.00 re: Harris - Legal Advocate Services, Inc. 08/29/16 Subpoena Fees #LAS -2016010161 service: Jeffrey 25.00 Braswell re: Harris - Legal Advocate Services, Inc. 08/29/16 Subpoena Fees #LAS -2016010159 service: Charlene 25.00 Edwards re: Harris - Legal Advocate Services, Inc. 08/29/16 Subpoena Fees #LAS -2016010160 service: Ashley Hill re: 25.00 Harris - Legal Advocate Services, Inc. Page 573 of 1471 Client: City of Boynton Beach Matter: • - Harris v. Boynton Beach 08/29/16 Travel Boynton Beach: attend final pre-depo meeting w/Capt. DeGuilio re: use of force PWMK. - Lyman H. Reynolds, Jr. 08/30/16 Outside Printing Court records. - Clerk of the Circuit Court 08130116 Outside Printing Medical records. - Infocopy 08/31116 Photocopies Color copies 08/31/16 Photocopies 08131/16 Photocopies Color copies 08/31/16 Photocopies Total Disbursements Payments & Adjustments: I 17-M I Amount 25.92 716.00 67.39 18.00 23.40 4.00 63.00 51,425.37 12,357.44 -12,357.44 511,42537 Page 574 of 1471 Please return this page with remittance, to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 34949 Bill D. September 13, 2016 Client Code: 032 Client Name: City of Boynton Beach 11 Matter Code: 16110 Matter Name: Harris v. Boynton Bea CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: ff 17-1 W I M- Tim - fi 10TY-ITWITITJ reTIT LTFd-BTMQ 48,368.00 3,057.37 $ 51,425.37 12,357.44 $ 51,425-37 0.00 IKM� Page 575 of 1471 MMW-72-K• Douglas Centr Coral2600 Douglas Road . - 1 September f 6 TAX I.D. 03-0486999 Julie Oldbury, Director of Human Resources and Risk Managerne City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beaach, FL 33435 In Reference To: Harris v. City of Boynton Beach, et al. Professional Services 8/1/2016 OEM Rec and rev Defendant Ryan's answer and Telephone: Fax: Hours Amount 0.20 $28.00 0.20 $28.00 0.20 $28.00 0.20 $28.00 0.20 $28.00 0.20 $28.00 0.20 $28.00 0.20 $28.00 3.90 $468.00 1.00 $140.00 0.30 $42.00 1.00 $120.00 305-446-5528 305-446-0995 Invoice 2965 No. Amount $28.00 $28.00 $28.00 $28.00 $28.00 $28.00 $28.00 $28.00 $468.00 $140.00 $42.00 $120.00 Page 576 of 1471 defenses OEM Rec and rev Defendant Medeiros' answer and defenses OEM Rec and rev Plaintiffs amended notice of taking video deposition of Alfred Martinez OEM Rec and rev Plaintiff's notice of taking video deposition of Chief Katz OEM Rec and rev Plaintiffs notice of taking video deposition of Pilot Byron Karp OEM Rec and rev Plaintiffs notice of taking video deposition of Pilot Michael Musto OEM Rec and rev Defendant Brown's request for copies to City OEM Rec and rev Defendant Martinez's answer and defenses ACH Review/revise report letter re Plaintiffs responses to Defendants' discovery requests LW Review/revise answer and affirmative defenses; compare with co-defendant 8/2/2016 OEM Rec and rev City's supplemental response to Plaintiffs request for production ACH Review/revise report re Defendants' discovery responses to Plaintiff Telephone: Fax: Hours Amount 0.20 $28.00 0.20 $28.00 0.20 $28.00 0.20 $28.00 0.20 $28.00 0.20 $28.00 0.20 $28.00 0.20 $28.00 3.90 $468.00 1.00 $140.00 0.30 $42.00 1.00 $120.00 305-446-5528 305-446-0995 Invoice 2965 No. Amount $28.00 $28.00 $28.00 $28.00 $28.00 $28.00 $28.00 $28.00 $468.00 $140.00 $42.00 $120.00 Page 576 of 1471 Julie Oldbury, Director of Human Resources and Risk Manageme Page 2 Hours Amount o nt 8/2/2016 ACH Draft report letter re Plaintiffs Rule 26 4.60 $552.00 $552.00 disclosures 8/3/2016 OEM Rec and rev Defendant, City's Notice of 0.20 $28.00 $28.00 Taking Deposition re: Leah Rebekah Devery. OEM Rec and rev Defendant, City's Notice of 0.20 $28.00 $28.00 Taking Deposition re: Charlene Edwards. OEM Rec and rev Defendant, City's Notice of 0.20 $28.00 $28.00 Taking Deposition re: Ashley Hill. OEM Rec and rev Defendant, City's Notice of 0.20 $28.00 $28.00 Taking Deposition re: Jeffrey Braswell. OEM Rec and rev Defendant, City's Notice of 0.20 $28.00 $28.00 Taking Deposition Duces Tecum re: Dr. Carol Adami. OEM Rec and rev Defendant, City's Notice of 0.20 $28.00 $28.00 Taking Deposition Duces Tecum re: Dr. Brianna Garrett. L Research/review Palm Beach Court docket 0.10 $7.50 $7.50 re Plaintiffs criminal matter/court date L Draft e-mail to City's counsel re request for 0.10 $7.50 $7.50 copy of Dr. Adam! and Dr. Garrett records 8/4/2016 OEM Rec and rev Defendant Ryan's request for 0.20 $28.00 $28.00 copies to City OEM Rec and rev letter from Lyman Reynolds to 0.20 $28.00 $28.00 Palm Beach Sheriffs office re Plaintiffs deposition OEM Rec and rev one(1) CD from Defendant, City 0.20 $28.00 $28.00 re: its Supplemental Response to Plaintiffs Request for Production. OEM Rec and rev Defendant Brown's objection to 0.20 $28.00 $28.00 Plaintiffs request for production at deposition LW Review Plaintiff's criminal docket 0.40 $56.00 $56.00 LW Review file re prepare for deposition of 2.10 $294.00 $294.00 Officer Brown OEM Rec and rev notice of taking video deposition 0.20 $28.00 $28.00 of Sgt. Antico Page 577 of 1471 Julie Oldbury, Director of Human Resources and Risk Manageme Page 3 Hours Amount Amount 8/4/2016 OEM Rec and rev notice of taking video deposition 0.20 $28.00 $28.00 of Major Kelly Harris GL Prepare/sort case materials for deposition of 0.70 $52.50 $52.50 Officer Michael Brown, for attorney review; download/index CD with City's supplemental response to Plaintiffs request for production, for attorney review 8/5/2016 OEM Rec and rev City's motion for leave to depose 0.30 $42.00 $42.00 Plaintiff OEM Rec and rev Defendant Madeiro's request for 0.20 $28.00 $28.00 copies to Justin Harris OEM Rec and rev notice of cancellation of Chief 0.20 $28.00 $28.00 Kratz deposition OEM Rec and rev re -notice of Maiorino deposition 0.20 $28.00 $28.00 - change of time OEM Rec and rev re -notice of Medeiros 0.20 $28.00 $28.00 deposition- change of time 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 Def Maiorino's request for copies OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Defendant Ryan's request for copies OEM Rec and rev City's notice of compliance with 0.20 $28.00 $28.00 Plaintiffs request for copies LW Prepare and attend deposition of Officer 6.50 $910.00 $910.00 Brown 8/8/2016 LW Rec and rev City's request for copies to 0.20 $28.00 $28.00 Justin Harris OEM Rec and rev City's letter to Magistrate re 0.20 $28.00 $28.00 discovery hearing OEM Rec and rev City's discovery memorandum 0.30 $42.00 $42.00 OEM Rec and rev Defendant Medeiros's request 0.20 $28.00 $28.00 for copies to City OEM Rec and rev Plaintiffs expert disclosure 0.90 $126.00 $126.00 Page 578 of 1471 Julie Oldbury, Director of Human Resources and Risk Manageme Page Hours Amount Amount 8/9/2016 OEM Rec and rev Defendant Maiorino's response 0.30 $42.00 $42.00 to Plaintiffs first request for production OEM Rec and rev Defendant Maiorino's answers 0.30 $42.00 $42.00 to Plaintiffs first interrogatories OEM Rec and rev 2nd amended notice of taking 0.20 $28.00 $28.00 video deposition of Stephen Maiorino OEM Rec and rev 2nd re -notice of taking video 0.20 $28.00 $28.00 deposition of Matthew Medeiros OEM Rec and rev letter from Lyman Reynolds to 0.20 $28.00 $28.00 Magistrate Judge re discovery hearing with proposed agreed order OEM Rec and rev re -notice of taking video 0.20 $28.00 $28.00 deposition of Chief Jeffrey S. Katz 8/10/2016 OEM Preparation for hearing with Magistrate; 5.00 $700.00 $700.00 prepare for Ronald Ryan, Matthew Medeiros and Stephan Maiorino depositions; includes review of police reports and policies by City ACH Review Plaintiffs Rule 26 disclosure re 0.30 $36.00 $36.00 helicopter footage 8/11/2016 OEM Rec and rev City's notice of taking deposition 0.20 $28.00 $28.00 of Dr. Craig Lichtblau OEM Attend Ronald Ryan, Matthew Medeiros and 7.00 $980.00 $980.00 Steve Maiorino depositions; attend hearing with Federal Magistrate re IME and order to transport Plaintiff 8/12/2016 OEM Rec and rev Order granting motion to 0.20 $28.00 $28.00 conduct physical exam of Plaintiff OEM Rec and rev re -notice of taking Dr. Craig 0.20 $28.00 $28.00 Lichtblau 8/15/2016 OEM Rec and rev records from Bethesda Hospital 0.30 $42.00 $42.00 East with x-ray cd OEM Rec and rev Plaintiffs notice of taking 0.20 $28.00 $28.00 deposition of Leif Erik Broberg 8/16/2016 OEM Rec and rev Plaintiffs cross -notice of taking 0.20 $28.00 $28.00 deposition of Dr. Garrett OEM Rec and rev Plaintiffs cross -notice of taking 0.20 $28.00 $28.00 Dr. Adami deposition Page 579 of 1471 Julie Oldbury, Director of Human Resources and Risk Manageme Page 5 Hours Amount Amount 8/16/2016 OEM Rec and rev Plaintiffs cross -notice of taking 0.20 $28.00 $28.00 deposition of Leah Devery OEM Rec and rev Plaintiffs cross -notice of Jeffrey 0.20 $28.00 $28.00 Braswell deposition OEM Rec and rev Plaintiff's notice of taking 0.20 $28.00 $28.00 deposition of Cynthia Rivera OEM Rec and rev Plaintiffs second request for 0.30 $42.00 $42.00 production to City OEM Tele conf with Michael Burke re experts for 0.20 $28.00 $28.00 defense 8/17/2016 OEM Rec and rev Plaintiffs notice of taking 0.40 $56.00 $56.00 deposition and subpoena to Justin Roth Harris OEM Rec and rev Plaintiffs notice of taking 0.40 $56.00 $56.00 deposition and subpoena of Cory Emanuel Gray OEM Rec and rev Plaintiffs notice of taking 0.20 $28.00 $28.00 deposition Charles Ramos OEM Rec and rev Plaintiffs notice of taking 0.20 $28.00 $28.00 deposition of Robin Eichorst OEM Rec and rev Plaintiffs notice of taking 0.20 $28.00 $28.00 deposition - Captain Joseph DeGuilio OEM Rec and rev re -notice of Plaintiffs deposition 0.20 $28.00 $28.00 - change in location OEM Rec and rev Plaintiffs request for copies to 0.20 $28.00 $28.00 Justin Hams re Fla. DMHSMV records OEM Rec and rev Plaintiffs request for copies to 0.20 $28.00 $28.00 Justin Harris re notice of production dated 7129116 OEM Preparation for Plaintiffs deposition 5.00 $700.00 $700.00 ACH Review file re police reports authored by our 1.40 $168.00 $168.00 client LW Tele conf with Darlene from Bethesda 0.20 $28.00 $28.00 Hospital re subpoena 8/18/2016 OEM Rec and rev Plaintiff's notice of cancellation 0.20 $28.00 $28.00 of deposition of Officer Martinez Page 580 of 1471 Julie Oldbury, Director of Human Resources and Risk Manageme 8/18/2016 OEM Attend Plaintiffs deposition 8/19/2016 OEM Rec and rev re -notice of taking deposition of #, ` Hours Officer Martinez OEM Rec and rev cross -notice of taking deposition $1,260.00 of Dr. Habib OEM Rec and rev notice of taking deposition of $28.00 Stephanie Slater 8/20/2016 OEM Review State Attorney file, FBI statements, 0.20 police reports, and items provided by $28.00 Boynton Beach re prepare for pre -deposition $840.00 conference with Officer Justin Harris 8/22/2016 OEM Rec and rev notice of taking video deposition $37.50 of Jeffrey Williams OEM Rec and rev amended notice of taking video deposition of Stephanie Slater (time change) OEM Rec and rev correspondence from CVS Pharmacy responsive to our subpoena. OEM Rec and rev correspondence from Publix Pharmacy responsive to our subpoena. OEM Preparation for meeting with Justin Harris (pre -deposition conference) L Review/update subpoena status log re correspondence from Publix Pharmacy and CVS Pharmacy L Prepare/gather case materials for pre -deposition conference of Officer Justin Harris (#822) and depositions for Dr. Slater and Officer Martinez, for attorney review; review/update subpoena status log re subpoena to FLDHSMV and call from records custodian LW Review file re preparation for depositions of Slater and Martinez 8/23/2016 OEM Prepare and attend pre -deposition conference with Justin Harris L Prepare/gather case materials for depositions of Sgt. Antico, Major Kelly Harris, and Officer Eichorst, for attorney review #, ` Hours Amount Amount 9.00 $1,260.00 $1,260.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 6.00 $840.00 $840.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 0.20 $28.00 $28.00 2.00 $280.00 $280.00 0.10 $7.50 $7.50 0.50 $37.50 $37.50 1.50 $210.00 $210.00 6.00 $840.00 $840.00 0.40 $30.00 $30.00 Page 581 of 1471 Julie Oldbury, Director of Human Resources and Risk Manageme Page 7 Hours ount Amount 8/23/2016 LW Prepare and attend depositions of Slater and 6.50 $910.00 $910.00 Martinez 8/24/2016 OEM Rec and rev Defendant Medeiros' request for 0.20 $28.00 $28.00 copies to Plaintiff OEM Rec and rev Defendant Medeiros' request for 0.20 $28.00 $28.00 copies to Justin Harris OEM Rec and rev notice of taking deposition of Dr. 0.20 $28.00 $28.00 Montes de Oca OEM Rec and rev notice of taking video 0.20 $28.00 $28.00 conference of Roy Bedard OEM Rec and rev notice of taking deposition of Dr. 0.20 $28.00 $28.00 Pierre Dorsainvil ACH Prepare and attend depositions of Kelly 7.80 $936.00 $936.00 Harris and Robin Eichorst GL Prepare/gather case materials for 0.50 $37.50 $37.50 depositions of Officer Cynthia Rivera, Officer Harris (#822), and Officer Charles Ramos, for attorney review LW Prepare and attend deposition of Sgt. Antico 2.00 $280.00 $280.00 LW Review Plaintiffs motion to expand number 0.20 $28.00 $28.00 of depositions 812512016 OEM Rec and rev Plaintiffs unopposed motion to 0.30 $42.00 $42.00 expand number of depositions OEM Prepare and attend Cynthia Riera, Justin R. 8.00 $1,120.00 $1,120.00 Harris and Charles Ramos depositions ACH Review file re preparation for Officer Monteith 1.60 $192.00 $192.00 and Officer Williams depositions 8/26/2016 OEM Rec and rev letter from Lyman Reynolds re 0.20 $28.00 $28.00 deposition transcripts OEM Rec and rev Defendant Brown's request for 0.20 $28.00 $28.00 copies to Justin Harris ACH Prepare and attend depositions of Officer 8.10 $972.00 $972.00 Monteith and Officer Williams OEM Preparation for Chiefs deposition 1.00 $140.00 $140.00 Page 582 of 1471 Julie Oldbury, Director of Human Resources and Risk Manageme Page 8 Hours Amount Amount 8/26/2016 OEM Tele conf with Justin Harris re deposition 0.20 $28.00 $28.00 OEM Preparation for supplemental meeting with 3.00 $420.00 $420.00 Justin Harris; also, review City's Rule 26 disclosure L Prepare/gather case materials for Officer 0.50 $37.50 $37.50 Harris (822) continued pre-deposition conference and deposition of Chief Katz, for attorney review L Review/compare police incident reports from 4.00 $300.00 $300.00 State Attorney's file, City's discovery production and J. Wasserman materials; prepare case materials for Justin Harris deposition, for attorney review; GIL Prepare/gather case materials for 0.50 $37.50 $37.50 depositions of Officer Harris (#822), PWMK re use of force, and Plaintiffs expert, for attorney review LW Review file (CDs and reports) to produce 0.40 $56.00 $56.00 pursuant to subpoena duces tecum 8/27/2016 LW Draft/revise report of Michael Brown 1.20 $168.00 $168.00 deposition; review transcript 8/29/2016 LW Draft/revise deposition summary of 0.40 $56.00 $56.00 Medeiros; review transcript LW Draftlrevise deposition summary of Ronald 2.00 $280.00 $280.00 Ryan; review transcript LW Review file to determine reports to produce 0.50 $70.00 $70.00 to subpoena duces tecum LW Tele call with Mr. Wasserman re Plaintiffs 0.20 $28.00 $28.00 deposition testimony LW Review/analyze records (policies and lA 0.80 $112.00 $112.00 complaints for Justin Harris) and Plaintiffs expert deposition ACH Review files re Justin Harris use of force 1.10 $132.00 $132.00 reports/incident reports ACH Draft report letter re review/analysis of 3.30 $396.00 $396.00 Boynton Beach's response to Plaintiffs request for production Page 583 of 1471 Julie Oldbury, Director of Human Resources and Risk Manageme Pae 9 Hours Amount Amount 8/29/2016 OEM Prepare and attend supplemental 3.00 $420.00 $420.00 pre -deposition conference with Officer Justin Harris OEM Prepare and attend Chief Katz's deposition 5.00 $700.00 $700.00 8/30/2016 OEM Rec and rev amended notice of taking 0.20 $28.00 $28.00 deposition of Leif Broberg OEM Rec and rev Plaintiffs supplemental Rule 26 0.50 $70.00 $70.00 disclosure OEM Rec and rev correspondence from 0.20 $28.00 $28.00 HealthPort responsive to our subpoena to Westside Regional Medical Center. L Draft e-mail to City's counsel re fire rescue 0.70 $52.50 $52.50 report; review reply; review/update subpoena status log re correspondence from Westside Regional Medical Center -Billing Dept; prepare/gather case materials for deposition of Officer Gray; research City's discovery CDs OEM Rec and rev Return of Service re: subpoena 0.10 $14.00 $14.00 to Bethesda Hospital East - Radiology Dept. OEM Rec and rev Return of Service re: subpoena 0.10 $14.00 $14.00 to Bethesda Hospital East - Billing Dept. OEM Rec and rev Return of Service�re: Wellington 0.10 $14.00 $14.00 Regional Medical Center - Radiology Dept. OEM Rec and rev Return of Service re: subpoena 0.10 $14.00 $14.00 to Columbia Hospital - Radiology Dept. OEM Rec and rev Return of Service re: subpoena 0.10 $14.00 $14.00 to Columbia Hospital - Billing Dept. OEM Rec and rev Return of Service re: subpoena 0.10 $14.00 $14.00 to Wellington Regional Medical Center - Billing Dept. OEM Rec and rev prescription record from Publix 0.30 $42.00 $42.00 Pharmacy. LW Prepare and attend deposition of Joseph 5.50 $770.00 $770.00 DeGuilo LW Tele call with Nikki from Bobby Schwartz's 0.20 $28.00 $28.00 office re Lichtblau Page 584 of 1471 Julie Oldbury, Director of Human Resources and Risk Manageme Page 10 Hours o rpt Amount 8/30/2016 LW Prepare and attend deposition of Dr. Lichtblau 3.60 $504.00 $504.00 ACH Review flash drive contents re 3D FARO 0.50 $60.00 $60.00 scans ACH Review file re preparation for Cory Gray 1.90 $228.00 $228.00 deposition OEM Attend Officer Justin Harris's deposition; 3.00 $420.00 $420.00 post -deposition conference with Justin Harris 8/31/2016 OEM Rec and rev re -notice of taking deposition of 0.20 $28.00 $28.00 Sgt. Philip Antico OEM Rec and rev amended notice of taking 0.20 $28.00 $28.00 deposition (date and time change) - Leah Rebekah Devery GL Review/update subpoena status log re 0.10 $7.50 $7.50 prescription record from Publix Pharmacy; research address for Dr. Brandt Delhamer on Internet. ACH Prepare and attend deposition of Corey Gray 5.10 $612.00 $612.00 OEM Preparation for Jeffrey Braswell, Ashley Hill 3.00 $420.00 $420.00 and Charlene Edwards depositions; includes review of witness statements For professional services rendered 169.70 $22,413.00 Additional Charges: 8/3/2016 Witness fee - Columbia Hospital (Billing Dept) 7.50 Witness fee - Bethesda Hospital East (Radiology Dept) 7.50 Witness fee - Bethesda Hospital East (Billing Dept) 7.50 Witness fee - Wellington Regional Medical Center (Radiology Dept) 7.50 Witness fee - Fla. DHSMV 7.50 Witness fee - Target Pharmacy (research fee/records) 25.00 8/5/2016 Records from counsel for City 35.00 Mileage to West Palm Beach for deposition of Brown 69.42 Parking for deposition of Brown 12.00 Page 585 of 1471 Julie Oldbury, Director of Human Resources and Risk Manageme Page 11 8/8/2016 Service of subpoena to Wellington Regional Medical Center (Radiology Dept) 45.00 8/9/2016 Plaintiffs films from Wellington Regional Medical Center 75.00 Plaintiffs records from Bethesda Hospital 29.82 8/12/2016 Deposition transcript of Michael Brown 377.00 8/19/2016 Legal Graphicworks - (video deposition of Plaintiff) 53.00 8/20/2016 Service of subpoena to Bethesda Hospital East (Radiology Dept) 45.00 Service of subpoena to Bethesda Hospital East (Billing Dept) 45.00 Service of subpoena to Columbia Hospital (Radiology Dept) 45.00 Service of subpoena to Columbia Hospital (Billing Dept) 45.00 Service of subpoena to Wellington Regional Medical Center (Billing Dept) 45.00 8/21/2016 Transcript of Ronald Ryan, Matthew Medeiros and Stephen Maiorino depositions 826.70 8123/2016 Mileage to West Palm Beach for depositions of Slater and Martinez 69.42 Parking for deposition of Slater and Martinez 6.00 8/24/2016 Mileage to depositions of Kelly Harris and R. Eichorst in West Palm Beach 66.75 812512016 Plaintiffs records from CVS Pharmacy (research fee/records) 50.00 8/26/2016 Mileage to depositions of P. Monteith and J. Williams in West Palm Beach 66.75 Photo Offset 18.84 8/29/2016 Photo Offset 210.32 Plaintiffs records from Publix Pharmacy 1.00 8/3012016 Mileage to deposition of pwmk of City policies 69.42 8/31/2016 Mileage to deposition of Cory Gray in West Palm Beach 66.75 Photocopies 811 - 8/31/2016 65.80 Postage 811 - 8/31/2016 0.93 Plaintiffs records from Wellington Regional medical Center (Billing Dept) 3.21 Total costs $2,505.63 Total amount of this bill $24,918.63 Page 586 of 1471 Julie Oldbury, Director of Human Resources and Risk Manageme Page 12 Previous balance $6,701.32 911312016 Payment - Thank You. Check No. 0130583472 ($6,701.32) Total payments and adjustments ($6,701.32) Balance due $24,918.63 Timekeeper Summary Name Hours Rate Alexandra C. Hayes 40.60 120.00 Guertty Lopez 8.20 75.00 Lourdes E. Wydler 35.40 140.00 Oscar E. Marrero 85-50 140.00 Page 587 of 1471 • L R 90 .d- Road Suite 251 Boca Raton, September 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 # 6168 Re: Officer Matthew Medeiros Federal ID # Email Invoice to Julie at City of Boynton Beach 20-338-5521 oldburyj@bbfl.us 8/1/2016 HL Receipt and review Defendant, Justin Harris's, Answer and Affirmative 0.30 49.50 Defenses to Plaintiffs Complaint. L Receipt and review Defendant Ronald Ryan's Amended Answer and 0.20 33.00 Affirmative Defenses to Plaintiffs Complaint. HL Receipt and review Defendant, City of Boynton Beach's Answer and 0.20 33.00 Affirmative Defenses to Plaintiffs Complaint. HL Receipt and review Defendant, City of Boynton Beach's Supplemental 0.10 16.50 Response to Plaintiffs Request to Produce. L Receipt and review Defendant Martinez's Amended Answer, Affirmative 0.30 49.50 Defenses and Demand for Jury Trial to Plaintiffs Complaint. 8/2/2016 HL Receipt and review Notice of Taking Video Deposition Duces Tecum of Pilot 0.10 16.50 Michael Musto. HL Receipt and review Notice of Taking Video Deposition Duces Tecum of 0.10 16.50 Chief Jeffrey S. Katz. HL Receipt and review Notice of Taking Video Deposition Duces Tecum of Pilot 0.10 16.50 Byron Karp. HL Review and revise Amended Notice of Taking Video Deposition Duces 0.10 16.50 Tecum of Officer Alfred Martinez changing date from August 18, 2016 to August 19, 2016. 8/4/2016 GO Confer with Mike Burke regarding tomorrow's deposition of his client, Officer 0.20 33.00 Brown GO Confer with Harriet Lewis regarding depositions of Defendant Officers 0.20 33.00 HL Receipt and review Defendant, Ronald Ryan's Request for Copies from 0.10 16.50 Defendant, City of Boynton Beach. HL Receipt and review Amended Notice of Taking Video Deposition Duces 0.10 16.50 Tecum of Chief Jeffrey Katz on August 8, 2016 adding Exhibit "A" to the Duces Tecum Schedule. HL Receipt and review Notice of Taking Video Deposition Duces Tecum of Sgt. 0.10 16.50 Philip Antico on August 24, 2016 at 10:00am. HL Receipt and review Notice of Taking Video Deposition Duces Tecum of 0.10 16.50 Major Kelly Harris on August 24, 2016 at 1:30p.m. HL Receipt and review Notice of Taking Video Deposition Duces Tecum on 0.10 16.50 Captain Joseph DeGuilio PWMK Use of Force on August 30, 2016 at 1:OOp.m. 561-826-2800 Page 588 of 1471 City of Boynton Beach ZFE Hours o rpt 8/4/2016 GO Review and analyze file and review and research claims and defenses in 8.20 1,353.00 preparation for attending and taking depositions 8/5/2016 GO Attend deposition of Officer Michael Brown 3.00 495.00 GO Preparation for upcoming depositions. 2.50 412.50 HL Prepare Defendant, Matthew Medeiros' Request for Copies to Defendant, 0.10 16.50 Justin Harris. HL Receipt and review City of Boynton Beach's Unopposed Motion for Leave to 0.20 33.00 Depose Plaintiff Pursuant to FRCP 30(a)(2)(B) with Incorporated Memorandum of Law. HL Receipt and review correspondence from Linnes Finney, Esq. to Watch 0.10 16.50 Commander at PBSO requesting to take the deposition of Plaintiff, inmate Byron Harris on August 18, 2016. Also requesting a room to be reserved to accommodate at 12 individuals with chairs and a table. HL Receipt and review Amended Notice of Taking Video Deposition Duces 0.10 16.50 Tecum of Officer Matthew Medeiros changing deposition time from 11:00a.m. to 1:00p.m. HL Receipt and Review Amended Notice of Taking Video Deposition duces 0.10 16.50 Tecum changing the time from 12.00p.m. to 2:30p.m. HL Receipt and review Notice of Cancellation of Deposition of Chief Jeffrey 0.10 16.50 Katz scheduled for August 8, 2016. HL Receipt and review Defendant, City of Boynton Beach's Supplemental 1.60 264.00 Response to Plaintiffs Request to Produce (CD) containing Internal Affairs Case Summary, Stop Stick Review Exam, Old Lesson Plan, New Lesson Plan, Old Power Point regarding Stop Sticks, New Power Point regarding new Stop Sticks and Lesson Plan. 8/8/2016 HL Receipt and review Defendant, City of Boynton Beach's Notice of 0.10 16.50 Compliance to Defendant, Justin Harris, Stephen Maiorino, Ronald Ryan and Plaintiff Byron Harris. HL Receipt and review Defendant, City of Boynton Beach's Supplement to 0.20 33.00 Motion for Leave to Depose Plaintiff Pursuant to FRCP 30(a)(2XB) with Incorporated Memorandum of Law. HL Receipt and review Endorsed Order Setting Discovery Hearing on Thursday, 0.10 16.50 August 11, 2016 at 3:00p.m. HL Prepare Defendant, Matthew Medeiros' Request for Copies to Defendant, 0.10 16.50 City of Boynton Beach for records obtained pursuant to Notice of Production from Non -Party. HL Receipt and review Defendant, City of Boynton Beach's Request for Copies 0.10 16.50 to Defendant, Justin Harris. GO Review and analyze documents produced by Boynton Beach Police 6.80 1,122.00 Department in preparation for discovery and depositions in the case 8/9/2016 HL Receipt and review (365 pages) Plaintiffs Expert Disclosures - Craig 3.20 528.00 Lichtblau, MD and Roy Bedard, Police Practices including Preliminary Comprehensive Rehabilitation Evaluation Expert Witness Fees, Dr. Lichtblau Invoice, Plaintiffs Disclosure of Experts, Plaintiffs Disclosure of Expert, Roy R. Bedard and Trials and Depositions List January 2010 to Present by Craig H. Lichtblau, M.D. HL Receipt and review Defendant Stephen Maiorino Response to First Request 0.10 16.50 for Production. HL Receipt and review Defendant Stephen Maiorino Response to First Set of 0.10 16.50 Interrogatories. Page 589 of 1471 City of Boynton Beach EM 8110/2016 HL Receipt and review Second Amended Notice of Taking Video Deposition DT 0.10 16.50 of Officer Matthew Medeiros rescheduling deposition from 1:00pm to 12:00pm. HL Receipt and review Second Amended Notice of Taking Video Deposition DT 0.10 16.50 of Stephen Maiorino from 2:30pm to 1:00pm. HL Receipt and review Re -Notice of Taking Video Deposition DT of Chief 0.10 16.50 Jeffrey Katz from August 8, 2016 to August 29, 2016 at 1:00pm. 8/11/2016 HL Receipt and review Notice of Taking Deposition Duces Tecum of Dr. Craig 0.10 16.50 Lichtblau, M.D. HL Plan and prepare for depositions of R. Ryan, M. Madeiros and S. Majorino 1.40 231.00 HL Travel to and attend depositions of Majorino, Madeiros and Ryan in West 5.20 858.00 Palm Beach. HL Receipt and review Minute Entry for discovery hearing held on 8111116, 0.10 16.50 HL Receipt and review correspondence from Lyman Reynolds, Esquire 0.10 16.50 following up on documents they previously requested listed on our Notice of Production from Non -Party. 8/12/2016 HL Receipt and review Order Authorizing Physical Examination of Plaintiff. 0.10 16.50 HL Receipt and review Re -Notice of Taking Deposition Duces Tecum of Dr. 0.10 16.50 Craig Lichtblau rescheduling deposition to August 30, 2016 from August 24, 2016. 8/15/2016 HL Receipt and review Notice of Taking Deposition of Leif Broberg on August 0.10 16.50 31, 2016. HL Receipt and review Order Authorizing Video Recorded Deposition of Plaintiff. 0.10 16.50 8/16/2016 HL Receipt and review Notice of Taking Videotaped Deposition of Plaintiff, 0.10 16.50 Byron Harris on Thursday, August 18, 2016. HL Receipt and review correspondence from Scott Richardson, Esq. regarding 0.10 16.50 him attending Plaintiff, Byron Harris' deposition scheduled for August 18, 2016 and advising he will contact Matthew Medeiros to ask if he would like him to attend on his behalf. HL Draft correspondence to Scott Richardson, Esq. advising him he should 0.10 16.50 attend Plaintiff, Byron Harris' deposition and he should advise Matthew Medeiros of same. 8/17/2016 HL Receipt and review Notice of Taking Deposition Duces Tecum of Robin 0.10 16.50 Eichorst on August 24, 2016 at 3:30pm. HL Receipt and review Notice of Taking Deposition Duces Tecum of Cynthia 0.10 16.50 Rivera on August 25, 2016. HL Receipt and review Notice of Taking Deposition of Justin Roth Harris on 0.10 16.50 August 25, 2016. HL Receipt and review Notice of Taking Deposition DT of Charles Ramos on 0.10 16.50 August 25, 2016. HL Receipt and review Amended Notice of Taking Video Deposition DT of 0.10 16.50 Captain Joseph DeGuilio, PWMK Use of Force on August 30, 2016. HL Receipt and review Notice of Taking Deposition of Cory Emamuel Gray on 0.10 16.50 August 31, 2016. HL Receipt and review Notice of Taking Deposition of Jeffrey Braswell on 0.10 16.50 September 1, 2016. HL Receipt and review Cross Notice of Taking Deposition of Jeffrey Braswell on 0.10 16.50 September 1, 2016. HL Receipt and review Notice of Taking Deposition of Ashley Hill on September 0.10 16.50 1, 2016. Page 590 of 1471 City of Boynton Beach � 111,1111, 1 x, 8/17/2016 HL Receipt and review Notice of Taking Deposition of Charlene Edwards on 0.10 16.50 September 1, 2016. HL Review and revise Notice of Taking Deposition of Leah Rebekah Devery on 0.10 16.50 September 1, 2016. HL Review and revise Cross Notice of Taking Deposition of Leah Rebekah 0.10 16.50 Devery on September 1, 2016. HL Receipt and review Notice of Taking Deposition DT of Dr. Brianna Garrett 0.10 16.50 on September 2, 2016. HL Receipt and review Cross Notice of Taking Deposition of Dr. Brianna Garrett 0.10 16.50 on September 2, 2016. HL Receipt and review Notice of Taking Deposition of Dr. Carol Adami on 0.10 16.50 September 2, 2016. HL Receipt and review Cross Notice of Taking Deposition of Dr. Carol Adami 0.10 16.50 on September 2, 2016. HL Receipt and review Notice of Taking Deposition of Maged S. Habib, M.D. on 0.10 16.50 September 9, 2016. HL Receipt and review Re -Notice of Taking Video Deposition changing location 0.10 16.50 of deposition from Courthouse to Palm Beach County Sheriffs Office Main Detention Center. HL Receipt and review Plaintiffs Second Request for Production to City of 0.10 16.50 Boynton Beach. HL Receipt and review Plaintiffs Request for Copies to Defendant, Justin Harris 0.10 16.50 for Medical & Billing records pursuant to Notice of Production from Non -Party on July 29, 2016. HL Receipt and review Plaintiff's Request for Copies to Defendant, Justin Harris 0.10 16.50 for records from Florida Department of Highway Safety and Motor Vehicles, Bureau of Records pursuant to Notice of Production from Non -Party on July 29, 2016. HL Preparation for deposition of Byron Harris on 8118116 by reviewing criminal 3.10 511.50 history of plaintiff and preparing questions for him 8/18/2016 HL Receipt and review Amended Notice of Taking Video Deposition Duces 0.10 16.50 Tecum of Pilot Byron Karp, Badge No. 9510 rescheduled to September 6, 2016. HL Receipt and review Notice of Cancellation of Deposition of Alfred Martinez 0.10 16.50 scheduled for August 19, 2016. HL Travel to and attend deposition of Plaintiff, Byron Hands at Palm Beach 11.50 1,897.50 County Jail. 8/19/2016 HL Receipt and review Re -Notice of Taking Video Deposition of Officer Alfred 0.10 16.50 Martinez to August 23, 2016. HL Receipt and review Notice of Taking Video Deposition of Stephanie Slater 0.10 16.50 on August 23, 2016. HL Receipt and review Cross -Notice of Taking Deposition of Dr. Maged Habib 0.10 16.50 on September 9, 2016. GO Redraft Motion for Rehearing 2.60 429.00 HL Receipt and review correspondence from Scott Richardson, Esq. advising 0.10 16.50 he needs to correct information he previously provided giving the correct information where in the recorded FBI interview Ashley Hill is shown photos and can't ID anyone. Mr. Richardson previously said it was Plaintiff Harris who couldn't ID anyone. Page 591 of 1471 City of Boynton Beach 8/19/2016 HL Draft correspondence to Scott Richardson, Esq. advising Plaintiff testified 0.10 16.50 that he could ID Ryan because he knew him from before. No one ever mentioned Matthew Medeiros and I asked if Plaintiff has provided all of the information he has and Plaintiff responded yes he has. 8/22/2016 HL Receipt and review Amended Notice of Taking Video Deposition Duces 0.10 16.50 Tecum of Stephanie Slater rescheduled from 1:OOpm to 2:OOpm. HL Receipt and review Notice of Taking Video Deposition Duces Tecum of 0.10 16.50 Jeffrey Williams on August 26, 2016 at 1:OOpm. GO preparation for depositions of witnesses this week 0.80 132.00 HL Receipt and review Second Re -Notice of Taking Deposition DT of Dr. Craig 0.10 16.50 Lichtblau changing time from 4:30pm to 6:15pm. HL Receipt and review correspondence from Lyman Reynolds regarding the 0.10 16.50 deposition transcript of Officer Michael Brown. HL Receipt and review Plaintiffs Third Request for Production to Defendant, 0.10 16.50 City of Boynton Beach. 8/23/2016 GO Attend depositions of Stephanie Slater and Alfred Martinez 3.30 544.50 GO Preparation for depositions 3.20 528.00 8/24/2016 HL Receipt and review Notice of Taking Deposition of Patrick Monteith 0.10 16.50 scheduled for August 26, 2016. HL Prepare Defendant, Matthew Medeiros' Request for Copies to Plaintiff, 0.10 16.50 Byron Harris requesting copies of all documents produced by the City of Boynton Beach pursuant to Plaintiffs Second Request for Production and Third Request for Production. HL Prepare Defendant, Matthew Medeiros' Request for Copies to Defendant, 0.10 16.50 Justin Harris requesting copies of all documents produced pursuant to Defendant's Notice of Production from Non -Party dated July 29, 2016. HL Receipt and review Notice of Taking Deposition DT of Dr. Pierre Dorsainvil 0.10 16.50 scheduled for September 7, 2016 at 1:O0pm. HL Receipt and Review Notice of Taking Deposition DT of Dr. Manuel Montes 0.10 16.50 de Oca scheduled for September 7, 2016 at 3:00pm. HL Receipt and review Notice of Taking Video Conference Deposition DT of 0.10 16.50 Roy Bedard on September 8, 2016. GO Attend depositions of Sgt. Philip Antico, Major Kelly Harris and Robin 6.00 990.00 Enchorst. GO Review documents in file and statements in preparation for depositions. 2.40 396.00 8/25/2016 HL Receipt and review Plaintiffs Unopposed Motion to Exceed Ten Depositions 0.20 33.00 Pursuant to Federal Rule of Civil Procedure 30(a)(2)(A) and Memorandum of Law. GO Prepare for and attend depositions of Cynthia Rivera, Justin Ross Harris 6.00 990.00 and Charles Ramos. 8/26/2016 HL Receipt and review correspondence from Lyman Reynolds, Esq. regarding 0.10 16.50 copies of deposition transcripts for Defendants. GO Attend depositions of police officer witnesses Jeffrey Williams and Patrick 5.00 825.00 Monteith 8/27/2016 GO Review and analyze and annotate Harris Brazwell and Hill's statements to 6.50 1,072.50 (to police and later to FBI) in preparation for taking upcoming depositions. 8/29/2016 GO Attend deposition of Chief Katz 5.00 825.00 GO Research on Dr. Craig Lichtblau's cases and history as an expert witness 1.20 198.00 and testimony from other cases. GO Preparation for depos of DeGulio, Lichtblau, and Justin (Peanut) Harris. 2.30 379.50 Page 592 of 1471 City of Boynton Beach Hours Amount 8/29/2016 GO Review and analyze Dr. Craig Lichtblau's reports and documentation and 2.60 429.00 medical records from other sources in preparation for taking his deposition 8/30/2016 HL Receipt and review Amended Notice of Taking Deposition of Leif Erik 0.10 16.50 Broberg rescheduled for September 9, 2016. HL Receipt and review Plaintiffs Rule 26(x)(1) Supplemental Initial Disclosures. 0.20 33.00 8/31/2016 GO Prepare for and attend deposition of Dr. Lichtblau, plaintiffs all around expert 6.00 990.00 GO Prepare for and attend depositions of Justin Hams and Joseph DeGulio 5.80 957.00 GO prepare for and attend deposition of Officer (now Deputy) Corey Gray 2.00 330.00 GO Review and analyze alleged peer reviewed studies Dr. Lichtbiau claimed 0.80 132.00 were associated with his causation and life care planning opinions at last night's deposition HL Preparation for Depositions of Jeffrey Braswell and Ashley Hill scheduled for 1.70 280.50 September 1, 2016. HL Receipt and review Defendant, City of Boynton Beach's Request for Copies 0.10 16.50 to Defendant, Justin Harris. HL Receipt and review Re -Notice of Taking Video Deposition Duces Tecum of 0.10 16.50 Sgt. Philip Antico on September 9, 2016. HL Receipt and review Amended Notice of Taking Deposition of Leah Rebekah 0.10 16.50 Dervery on September 6, 2016. Total professional services rendered 119.70 $19,750.50 Disbursements Incurred: 8111/2016 HL Travel to and from West Palm Beach for depositions 8/15/2016 HL Copying cost for records requested from South County Mental Health Center, Inc. for Byron Harris. 8/18/2016 HL Mileage to and from Palm Beach County Jail for deposition of Byron Harris 8/23/2016 HL Transcript Cost for deposition transcript of Officer Michael Brown taken on August 5, 2016. 8/25/2016 HL Transcript Cost for copy of video deposition of Byron L. Harris, Jr. taken on 8118116. 8/26/2016 HL Transcript Cost for Defendants Matthew Medeiros, Ronald Ryan and Stephen Maiorino taken on August 11, 2016. 8130/2016 HL Postage HL Copying cost Total Disbursements Incurred: Total amount of this bill Accounts receivable transactions 8/18/2016 Payment - Thank You No. 0130211195 26.45 12.00 26.45 377.00 53.00 826.70 1.4 1,000.25 $2,323.27 $22,073.77 $2,831.70 ($2,831.70) Total payments and adjustments ($2,831.70) Page 593 of 1471 City of Boynton Beach I Invoice Summary Name Gary Oldehoff Harriet Lewis ZFO Hours Rate Amount 82.40 165.00 $13,596.00 37.30 165.00 $6,154.50 Page 594 of 1471 OLDS & STEPHENS, P.A. 312 Eleventh Street P. 0. Box 4523 West PaIrT Bea& FL 3&M)l Invoice submitted to: Julie Oldbury, Director Human Resources & Risk Management City of Boynton Beach ZMEMM In Reference To: Client/Insured: City of Boynton Beach Claimant: Bryon Harris Claim No.: DatelLoss: August 20, 2014 Invoice # 9263 TAXPAYER I.D. NO.: 65-0385869 Professional Services Hrs/Rate Amount 7/6/2016 DS Reviewed and responded to emails re: client's 0.30 49.50 scheduled deposition in the criminal case 1 7/8/2016 DS Telephone conference with Plaintiffs counsel re: 0.20 33.00 discovery issues 165.00/hr DS Receipt and review of email concerning discovery 0.20 33.00 depositions from Plaintiff s counsel 165.00/hr IDS Reviewed Order setting discovery emailed by 0.20 33.00 Plaintiffis counsel 165.001hr DS Receipt and review of. Order setting discovery 0.10 16.50 hearing 165.00/hr DS Review and preparation for discussing discovery 0.40 66.00 issues with Plaintiffs counsel 165.00/hr Page 595 of 1471 Julie Oldbury, Director Page 2 Hrs/Rate Amount 7/10/2016 IDS Receipt and review of criminal subpoena for 0.20 33.00 deposition served on client 165.00/hr DS Receipt and review of email from client's personal 0.20 33.00 attorney 165.00/hr 7/11/2016 DS Receipt and review of it from client's personal 0.10 16.50 attomey re: criminal deposition 165.00/hr DS Receipt and review of email from paralegal 0.20 33.00 responding to client's Request for Information 165.00/hr IDS Responded to email from client's personal attorney 0.10 16.50 re: criminal deposition 165.00/hr DS Analyzed issues re: scheduled criminal deposition 0.50 82.50 165.00/hr 7/1212016 DS Receipt and review of request for deposition dates 0.10 16.50 from Plaintiffs counsel 165.001hr DS Receipt and review of email from Attorney 0.20 33.00 Reynolds responding to Plaintiffs request for 165.00/hr deposition dates 7/13/2016 DS Preparation of it to client and his personal 0.20 33.00 attorney for confirmation of deposition dates 165.00/hr DS Receipt and review of deposition dates re: Robert 0.10 16.50 Schwartz' availability 165.001hr DS Receipt and review of email re: on Ryan's 0.10 16.50 availability for deposition 165.00/hr DS Reviewed and responded to Plaintiffs counsel's 0.20 33.00 email requesting deposition dates 165.00/hr IDS Telephone conference with client to confirm his 0.10 16.50 availability for deposition availability 165.00/hr Page 596 of 1471 Julie Oldbury, Director Page 3 H 9/Rate Amount 7/13/2016 DS Telephone conference with clients personal 0.10 16.50 attorney following conference call to agree on date 165.00/hr of client's deposition DS Conference call with client and his personal 0.20 33.00 attorney to discuss criminal and civil depositions 165.00/hr DS Telephone conference With client's personal 0.10 16.50 attorney re: scheduling telephone conference with 165.00/hr client DS Receipt and review of Order denying Motion to 0.30 49.50 Stay 165.00/hr 7/15/2016 DS Receipt and review of Motion to Appear 0.20 33.00 Telephonically and Proposed Order re: same 165.00/hr DS Receipt and review of emails re: discovery 0.30 49.60 depositions and scheduled hearing re: same 165.00/hr DS Telephone conference with Plaintiffs counsel re: 0.20 33.00 scheduling depositions of Defendants 165.00/hr DS Attendance at motion hearing on discovery issues 1.50 247.50 165.00/hr DS Reviewed, prepared, and responded toemails re: 0.40 66.00 today's discovery hearing 165.00/hr DS Reviewed various emails and prepared chart in an 1.00 165.00 attempt to resolve scheduling of deposition dispute 165.00/hr 7/25/2016 DS Receipt and review of Order on Defendants' 0.40 66.00 Motion to Dismiss 165.00/hr DS Reviewed discovery produced by Plaintiff 2.00 330.00 165.001hr DS Continued reviewing discovery in preparation for 1.50 247.50 answering Complaint 165.00/hr Page 597 of 1471 Julie Oldbury, Director Page 4 Hrs/Rate Amount 7/26/2016 DS Reviewed qualified immunity case law in 3.20 528.00 preparation for answering Complaint 165.00/hr IDS Researched and reviewed failure to intervene case 2.00 330.00 I aw 165.001hr 7/2712016 DS Worked on Answer and Affirmative Defenses 2.00 330.00 165.00/hr IDS Reviewed qualified immunity case law 3.50 577.50 165.001hr DS Receipt and began reviewing additional discovery 1.80 297.00 documents from Plaintiff 165.00/hr 7/28/2016 DS Continued reviewing discovery received from 3.40 561.00 Plaintiff 165.00/hr DS Reviewed Defendant Majorino's Amended Answer 0.30 49.50 and Affirmative Defenses filed on July 27, 2016 165.00/hr IDS Receipt and review of Notice of Non-party 0.40 66.00 Production requests including attached subpoenas 165.00/hr to various providers by City of Boynton each DS Finalized Answer and Affirmative Defenses 0.30 49.50 165.00/hr DS Continued reviewing discovery documents 0.70 115.50 165.00/hr 7/29/2016 DS Analyzed 1983 excessive for case law and claim 1.30 214-50 165.00/hr DS Analyzed battery case law and claim 0.80 132.00 165.00/hr DS Analyzed failure to intervene case law and claim 1.60 264.00 165.00/hr Page 598 of 1471 MEMO= 7/29/2016 DS Viewed and analyzed video of incident 7/30/2016 DS Reviewed non-party production notices and subpoenas served on July 29, 2016 DS Reviewed Notices of Deposition duces tecurr served on all individual Defendants For professional services rendered Previous balance 7/30/2016 Payment - thank you. Check No. #9251 Total payments and adjustments 77 -TIM 1.00 165-00 165.00/hr 0.30 49.60 165.00/hr 0.30 49.50 165.00/hr ......... . ------ 34.80 $5,742.00 $2,524.50 ($2,524.50) ($2,524.50) User Summary Name Hours Rate Amount DON STEPHENS 34.80 165.00 $5,742.00 Page 599 of 1471 .ROBERTS, R'LD !'`',IPLL 1Columbia Drive, Suite '1 Beach,West Palm • d, 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 1 City of Boynton Beach September 13, 2016 Attn: Julie Oldbury Bill No. 34948 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach ob- *Beach Claim #001470 -000390 -EP -01 ILL FOR FEES AND COSTS THROUGH 08/31/16 Date Services Attorney Hours 08/04/16 Receipt and review of e-mail from Matthew Cohen counsel for LHR 0.30 Plaintiff re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. 08/04/16 Receipt and review of e-mail from Michael Burke counsel for LHR 0.20 Katz re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. 08/04/16 Receipt and review of e-mail from Harriet Lewis counsel for LHR 0.20 Crawford re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. 08/04/16 Receipt and review of second e-mail from Matthew Cohen LHR 0.20 counsel for Plaintiff re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. 08/04/16 Preparation of email response to Matthew Cohen counsel for LHR 0.20 Plaintiff re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. 08/04/16 Receipt and review of second e-mail from Michael Burke LHR 0.20 counsel for Katz re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. 08/04/16 Receipt and review of third email from Matthew Cohen counsel LHR 0.20 for Plaintiff re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. 08/04/16 Receipt and review of second e-mail from Harriet Lewis counsel LHR 0.20 for Crawford re: Defendant Katz's Motion to Dismiss and Defendant City's Motion to Dismiss. 08/04/16 Receipt and review of Executed Order Specially setting the LHR 0.20 hearing on Defendant, City of Boynton Beach, and Defendant, Katz's Motions to Dismiss Plaintiffs Complaint. Page 600 of 1471 Client: City of Boynton Beach Matter: 15414 - r . v. Boynton 08/09/16 Preparation of audit response to Caler, Donten, Levine, Porter LHR Code Name KRH Keith R. Hedrick, Associate LHR Lyman H. Reynolds, Jr., Partner Total Professional Services Date : is Photocopies • Hours Rate 0.60 140.00 3.10 165.00 3.70 0.20 0.20 0.20 Amount 84.00 511.50 Amount 72.60 668-10 2,518.20 -2,518.20 Page 601 of 1471 & Veil, PA pertaining to Plaintiff, Lief Broberg. 08/30/16 Preparation of e-mail to all counsel of record re: Leih Broberg. LHR 08/30/16 Preparation of case law for submission of City's Motion to KRH Dismiss Plaintiffs' Complaint to Judge Gillen for upcoming special set hearing on same pursuant to his divisional instructions. 08/31/16 Correspondence to Judge Gillen with courtesy copies of City's LHR Motion to Dismiss Complaint with pertinent case law for upcoming special set hearing on same, pursuant to his divisional requirements. 08/31/16 Receipt and review of email response from Defendant's LHR counsel, Michael Burke, Esq. re: Leih Broberg. 08/31/16 Preparation of e-mail to Plaintiffs counsel Reyes, LHR Co -Defendant's counsel Lewis, and Co -Defendant's counsel Burke re: deposition of Plaintiff Leif Broberg. 08/31/16 Receipt and review of email response from Defendant's LHR counsel, Harriett Lewis, Esq. re: Leif Broberg. Code Name KRH Keith R. Hedrick, Associate LHR Lyman H. Reynolds, Jr., Partner Total Professional Services Date : is Photocopies • Hours Rate 0.60 140.00 3.10 165.00 3.70 0.20 0.20 0.20 Amount 84.00 511.50 Amount 72.60 668-10 2,518.20 -2,518.20 Page 601 of 1471 i to Roberts, Reynolds, Bedard & Tuzzio, PLL* 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill ilumber: 34948 Bill Date: September 13, 2016 Client Code- 032 Client Name: City of Boynton Beach Matter Code: 15414 Matter Name: Broberg v. Boynton Beach et al. Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE Page 602 of 1471 RWAN1900 Glades Road Suite 251 Boca •r , FL 33431 September 1, 2016 City of Boynton Beach Director of HR & Risk Management - Julie Oldbury 100 E. Boynton Beach Blvd, Boynton Beach, FL 33435 In Reference To:Leif Broberg v. City of Boynton Beach, Jeffrey Katz & Suzanne Invoice # 6167 Crawford Federal ID # Email Invoice to Julie at City of Boynton Beach 20-338-5521 oldburyj@bbfl.us For Professional Services Rendered: 8/4/2016 HL Receipt and review Order Specially Setting Hearing. Hearing scheduled on 0.10 16.50 Defendants Katz's & City of Boynton Beach's Motions to Dismiss on September 16, 2016. 8/24/2016 HL Receipt and review correspondence from Suzanne Crawford advising she 0.10 16.50 has received a grand jury subpoena to testify as a witness on 918116 in the Byron Harris case. 8/25/2016 HL Draft correspondence to Suzanne Crawford scheduling a meeting with her 0.10 16.50 on Tuesday, September 6, 2016 at 2:30pm to discuss her grand jury subpoena in the Byron Harris matter. HL Receipt and review correspondence from Suzanne Crawford advising she is 0.10 16.50 reaching out to the FOP to see if she can get an attorney to attend the pre grand jury meeting with her and will let us know the status. 8/26/2016 HL Two telephone conversation of Ass't. Chief Crawford regarding interview 0.40 66.00 with F.B.I. HL Receipt and review correspondence from Suzanne Crawford advising she 0.10 16.50 has a meeting on September 1, 2016 with the FBI regarding her grand jury meeting. 8/31/2016 HL Receipt and review correspondence from Lyman Reynolds, Esq. to Judge 0.10 16.50 Gillen with a copy of Defendant, City of Boynton Beach's Motion to Dismiss Plaintiff's Complaint with case law. Total professional services rendered 1.00 $165.00 Disbursements Incurred: 8/30/2016 HL Copying cost Total Disbursements Incurred: Total amount of this bill Previous balance 3.00 $3.00 $168.00 $299.75 Page 603 of 1471 MB. - Accounts receivable transactions 8118/2016 Payment - Thank You No. 0130211196 Total payments and adjustments Invoice Summary Name Harriet Lewis r-rTrM ($299.75) ($299.75) Hours Rate Amount 1.00 166.00 $165.00 Page 604 of 1471 REYNOLDS, ',' D ,O 470 Drive, Suite C-101 Beach,West Palm w 0* M-191020. Oil City of Boynton Beach August 11, 2016 Attn: Julie Oldbury Bill No. 34744 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Yesnick v. Boynton Beach 00 Claim #NIA BILL FOR FEES AND COSTS THROUGH 07/31/16 0 Date Services rHours 07/01/16 Receipt and review of e-mail from City Risk Manager Julie LHR 0.20 Oldbury re: City's rejection of Plaintiffs $50,000 settlement demand. 07/01/16 Preparation of email response to City Risk Manager Julie LHR 0.20 Oldbury re: acknowledging and confirming City's rejection of Plaintiffs $50,000 settlement demand. 07/01/16 Correspondence to Plaintiffs counsel Amezaga re: confirming LHR 0.20 City not interested in any settlement negotiations at this time. 07/01/16 Telephone conference with Plaintiffs counsel Michael Amezaga LHR 0.30 re: City not interested in settlement negotiations. 07/01/16 Review and revision of response to opposition to Motion in ABE 0.80 Limine. 07/01/16 Review Plaintiffs Complaint, incident reports, supervisors RKD 0.90 reports, and photographs to prepare documents and materials for pretrial meetings with Captain McNevin, Officer Jeanninton, Officer George Baldino, and Sergeant Russell Faine. 07/02/16 Revisions to response in opposition to Plaintiffs Motion in AGA 1.30 Limine. 07/02/16 Detailed analysis and review of Dr. Zeide's reports and medical AGA 6.30 records from Advanced Chiropractic of South Florida, Dr. Louis Miller, University of Miami Health System, Dr. Ryan Twombly, Gold Coast Physical Therapy Associates, and JFK Hospital, Wellington Regional Medical Center, Boca Raton Regional Hospital, and Mount Sinai Hospital of Queens in preparation for upcoming trial and cross examination of plaintiffs treating physicians and experts. Page 605 of 1471 Client: City of Boynton 00 or Beal t* M Date Services 07/03/16 Review and revision of response in opposition to Motion in Limine, including addition deposition cites for additional support. 07/03/16 Detailed analysis and review of medical records from Palms Wellington Surgical Center, Long Island College Hospital, spine & Orthopedic Center, Dr. Hammer, Headache & Pain Center, Dr. Friedman, MD Now, Bethesda Memorial Hospital, Dr. Kardon, Center for Bone & Joint Surgery in preparation for upcoming trial and cross examination of plaintiffs treating physicians and experts. # 0; Afforney Hours ABE 2.30 AGA 07/04/16 Detailed analysis and review of medical records from Dr. Lins, AGA Dr. Ortega, University Orthopedics of NY, Dr. Merola, Dr. Touliopoious, Boca Raton Orthopedic Group, Dr. Levin, Dr. Germain, Logistics, Inc., Armor Correctional Health Services in preparation for upcoming trial and cross examination of plaintiffs treating physicians and experts. 07/05/16 Correspondence to City Risk Manager Julie Oldbury re: LHR outcome of hearing on Defendant's Motions for Limine regarding City's Reputation and prior bad acts & termination of former officers Arco & Lindsay, Defendant's Motion to Strike Testimony of Dr. Miller, and Court's Orders on same. 07/05/16 Review (third review) and revision of response in opposition to ABE Motion in Limine, including addition of deposition transcript pages and redaction of exhibits. M 7.30 0.30 1.10 07/05/16 Preparation for pre-trial meetings with Capt. McNevin, Sgt. LHR 1.50 Faine, and former officer George Baldino the next day. 07/06/16 Correspondence to City Risk Manager Julie Oldbury re: City's LHR 0.20 Response in Opposition to Plaintiffs Motion in Limine. 07/06/16 Telephone conference with Legal Advocate re: service of RKD 0.20 Subpoenas for Trials directed to Ryan Carr, Nicholas Base, Sarah Stanton, and Tamra Wiles. 07/06/16 Additional research of Florida case law, review of Plaintiffs AGA 2.50 deposition transcript (over 200 pages) and revisions to City's Response to Plaintiffs Motion in Limine. 07/06/16 Attendance at pre-trial meetings with Capt. McNevin and Sgt. LHR 2.40 Faine at the Boynton Beach Police Dept. in Boynton Beach, FL. 07/06/16 Attendance at pre-trial meeting with former Boynton Beach LHR 1.00 officer George Baldino (no local travel charged). 07/06/16 Legal research re: relevancy of medical records in excessive ABE 1.20 force cases and when Plaintiff puts physical condition at issue. 07/07/16 Receipt and review of e-mail from Plaintiffs counsel Amezaga LHR 0.20 re: advising he did not receive attachments referenced in letter to Judge providing City's Response in Opposition to Motion in Limine. Page 606 of 1471 Client: City of Boynton Beach / r 0 - Yesnick v. Boynton Beach Page g' Date Services r 07/08/16 Preparation of e-mail to Plaintiffs counsel Amezaga re: LHR 0.20 advising City's Response in Opposition to Motion in Limine was served to him via efiling and counsel was only provided a copy of the letter to the Judge without the attachments as they would be duplicative of efiled Response. 07/08/16 Receipt and review of e-mail from Plaintiffs counsel Amezaga LHR 0.20 re: requesting to re -review City's anticipated trial exhibits and confirmation of same. 07/08/16 Extensive telephone conference with Sarah Stanton re: RKD 0.40 questions regarding time and date for appearance at trial. 07/08/16 Preparation of email response to Plaintiffs counsel Amezaga LHR 0.20 re: agreement for his re -review City's anticipated trial exhibits. 07/08/16 Preparation of correspondence to Julie Oldbury re: subpoena LHR 0.40 for trial directed to Sarah Stanton. 07/09/16 Review Defendant's Trial Exhibits (112 Exhibits) to redact RKD 8.00 Plaintiffs date of birth, social security number, addresses, and telephone numbers. 07/09/16 Detailed analysis and review of medical records from AGA 5.70 Concentra Medical WPB, Ear, Nose and Throat Associates at South Florida, Hernia Institute of Florida, University Urologists, South Palm Cardiovascular Associates, Dr. Romero, Dr. Giamo, Dr. Slavin, in preparation for upcoming trial and cross examination of plaintiffs treating physicians and experts. 07/10/16 Preparation of copies of Defendant's Trial Exhibits (80 exhibits) RKD 4.90 for entry into evidence at trial. 07/10/16 Detailed analysis of deposition transcripts of Dr. Friedman, Dr. AGA 8.30 Miller, Dr. Dorsainvil, Dr. Germain, Dr. Giamo in preparation for trial and cross examination of plaintiffs treating physicians and experts. 07/11/16 Receipt and review of e-mail from Plaintiffs counsel Amezaga LHR 0.20 re: upcoming hearing on Plaintiffs Motion in Limine. 07/11/16 Preparation of email response to Plaintiffs counsel Amezaga LHR 0.20 re: upcoming hearing on Plaintiffs Motion in Limine. 07/11/16 Telephone conference with defense expert, Dr. Michael Zeide RKD 0.20 re: trial date pertaining to Plaintiff, Christopher Yesnick. 07/11/16 Attendance at special set hearing on Plaintiffs Motion in Limine AGA 2.50 before Judge Martin H. Colin at the Palm Beach County Courthouse. 07/11/16 Correspondence to Julie Oldbury claims representative re: AGA 0.30 outcome of special set hearing on Plaintiffs Motion in Limine before Judge Martin H. Colin. 07/11/16 Preparation of proposed Order on Plaintiffs Motions in Limine. AGA 0.30 07/11/16 Correspondence to Michael Amezaga counsel for Plaintiff re: AGA 0.30 proposed Order on Plaintiffs Motions in Limine. Page 607 of 1471 Client: City of Boynton Beach August1 r #' v.Boynton Beach ■ age 4 Date IAttorney 07/11/16 Detailed analysis of deposition transcripts of Dr. Spertus in AGA 1.20 preparation for trial and cross examination of plaintiffs treating physicians and experts. 07/12/16 Receipt and review of e-mail from City of Boynton Beach LHR 0.20 Officer Fabrice Jeanniton re: Pre -Trial meeting. 07/12/16 Telephone conference with defense expert, Dr. Michael Zeide RKD 0.20 re: trial date pertaining to Plaintiff, Christopher Yesnick. 07/12/16 Receipt and review of e-mail from Julie Oldbury re: agreement LHR 0.20 with releasing Sarah Stanton from Subpoena for Trial. 07/12/16 Preparation of email response to Julie Oldbury re: agreement LHR 0.20 with releasing Sarah Stanton from Subpoena for Trial. 07/12/16 Telephone conference with Sherrie Norton, Assistant to Judge RKD 0.30 Colin re: trial dates. 07/12/16 Extensive telephone conference with Plaintiffs counsel Mike LHR 0.40 Amezaga re: trial issues and attempting to resolve same. 07/12/16 Detailed analysis of medical records from Primary & Urgent AGA 4.00 Care, Dr. Duval, MRI reports, and Palm Beach Oral & Maxillofacial Surgery in preparation for trial and cross examination of Plaintiffs treating physicians and experts. 07/13/16 Telephone conference with Sherrie Norton, Assistant to Judge RKD 0.30 Colin re: confirming trial times for week of July 19 through 22, 2016. 07/13/16 Preparation of correspondence to Julie Oldbury re: releasing LHR 0.40 witness Nicholas Base from Subpoena for Trial. 07/13/16 Receipt and review of e-mail from Plaintiffs counsel Amezaga LHR 0.20 re: discussions concerning trial strategy for calling of witnesses and need for review of jury instructions. 07/13/16 Preparation of email response to Plaintiffs counsel Amezaga LHR 0.20 re: discussions concerning trial strategy for calling of witnesses and review of jury instructions at upcoming exhibit review meeting. 07/13/16 Receipt and review of certified copies of criminal records LHR 0.50 pertaining to Plaintiff, Christopher Yesnick received from Palm Beach County Criminal Court. 07/13/16 Review of trial exhibits in preparation for trial. AGA 5.50 07/13/16 Review of trial exhibits in preparation for trial. RKD 5.50 07/13/16 Telephone conference with Nicholas Base re: questions RKD 0.30 pertaining to subpoena for trial. 07/13/16 Telephone conference with Tamra Wiles re: questions RKD 0.30 pertaining to subpoena for trial and advising time and date for appearance. 07/13/16 Telephone conference with Captain Richard McNevin re: RKD 0.30 advising time and date for appearance at trial. Page 608 of 1471 C.lient: City of Boynton Beach August 11, 2016 Matter: 13300 - Yesnick v. Boynton Beach Page 5 Date Services Attorney Hours 07/13/16 Telephone conference with Sergeant Russell Faine re: advising RKD 0.30 time and date for appearance at trial. 07113116 Telephone conference with Officer George Baldino re: advising RKD 0.30 time and date for appearance at trial. 07/13/16 Telephone conference with Officer Fabrice Jeanninton re: RKD 0.30 advising time and date for appearance at trial. 07/13/16 Telephone conference with Ryan Carr re: advising date and RKD 0.30 time for appearance at trial. 07/13/16 Receipt and review of e-mail from Julie Oldbury re: releasing LHR 0.20 Nicholas Base and Sarah Stanton from Subpoena for Trial pertaining to Plaintiff, Christopher Yesnick. 07/13/16 Preparation of correspondence to Tamara Wiles re: trial date LHR 0.30 confirmation and deposition transcript pursuant. 07/13/16 Preparation of Tamara Wiles' deposition transcript dated RKD 0.50 September 23, 2015 for her use and preparation for trial. 07/13/16 Telephone conference with Plaintiffs' counsel Michael Amezaga LHR 0.30 re: taking Dr. Zeide out of turn for trial. 07/13/16 Telephone conference with CME expert Dr. Zeide re: trial LHR 0.30 complications and attempting to resolve same. 07/13/16 Attendance at pre-trial meeting with Officer Fabrice Jeanniton LHR 1.80 at City Hall in Boynton Beach, FL. 07/14/16 Receipt and review of second e-mail from City Risk Manager LHR 0.10 Julie Oldbury re: discussions concerning release of witnesses Base and Stanton from trial subpoenas and acknowledging input concerning same. 07/14/16 Preparation of second e-mail response to City Risk Manager LHR 0.10 Julie Oldbury re: discussions concerning release of witnesses Base and Stanton from trial subpoenas. 07/14/16 Telephone conference with Sarah Stanton re: advising released RKD 0.30 from subpoena for trial. 07/14/16 Telephone conference with Nicholas Base re: advising released RKD 0.30 from subpoena for trial. 07/14/16 Preparation of e-mail to Michael Amezaga counsel for Plaintiff AGA 0.20 re: status of order on Plaintiffs motion in limine. 07/14/16 Preparation of e-mail to expert Dr. Michael Zeide re: pre-trial AGA 0.20 meeting. 07/14/16 Receipt and review of e-mail from expert Dr. Michael Zeide re: AGA 0.20 pre-trial meeting. 07/14/16 Receipt and review of e-mail from Michael Amezaga counsel AGA 0.20 for Plaintiff re: status of order on Plaintiffs motion in limine. 07/14/16 Preparation of second email to expert Dr. Michael Zeide re: AGA 0.10 pre-trial meeting. 07/14/16 Receipt and review of second e-mail from expert Dr. Michael AGA 0.10 Zeide re: pre-trial meeting. Page 609 of 1471 Client: City of Boynton Beach August• 11 - Yesnick v. Boynton Beach Date rAttorney 07/14/16 Preparation of third email to expert Dr. Michael Zeide re: AGA 0.10 pre-trial meeting. 07/14/16 Receipt and review of third email from expert Dr. Michael Zeide AGA 0.10 re: pre-trial meeting. 07/14/16 Receipt and review of Affidavit of Service for witness, Sarah LHR 0.10 Stanton pursuant to Subpoena for Trial pertaining to Christopher Yesnick. 07/14/16 Receipt and review of Affidavit of Service for witness, Tamara LHR 0.10 Wiles pursuant to Subpoena for Trial pertaining to Christopher Yesnick. 07/14/16 Receipt and review of Affidavit of Service for witness, Ryan LHR 0.10 Carr pursuant to Subpoena for Trial pertaining to Christopher Yesnick. 07/14/16 Receipt and review of Affidavit of Service for witness, Nicholas LHR 0.10 Base pursuant to Subpoena for Trial pertaining to Christopher Yesnick. 07/15/16 Correspondence to Plaintiffs counsel Amezaga re: confirmation LHR 0.20 of parties' agreement to take Dr. Zeide out of turn at trial due to his patient schedule. 07/15/16 Preparation of correspondence to Michael Amezaga, Esq. re: LHR 0.20 CD containing additional Trial Exhibits by Defendant, City of Boynton Beach. 07/15/16 Preparation of CD containing additional Trial Exhibits by RKD 0.50 Defendant, City of Boynton Beach for Michael Amezaga, Esq. 07/15/16 Receipt and review of e-mail from Plaintiffs counsel Amezaga LHR 0.20 re: issues with continued exhibit exchange meeting and discussions concerning trial exhibits and jury instructions. 07/15/16 Preparation of email response to Plaintiffs counsel Amezaga LHR 0.20 re: acknowledging issues with continued exhibit exchange meeting and discussions concerning trial exhibits and jury instructions. 07/15/16 Preparation of correspondence to defense expert, Dr. Michael LHR 0.20 Zeide re: confirmation of participation at trial pertaining to Christopher Yesnick. 07/15/16 Preparation of correspondence to witness Ryan Carr re: LHR 0.20 confirmation for trial and his deposition transcript for his use and preparation for trial. 07/15/16 Preparation of deposition transcript Ryan Carr for his use and RKD 0.50 preparation for trial. 07/15/16 Preparation of correspondence to witness Officer George LHR 0.20 Baldino, Jr. re: confirmation of participation at trial pertaining to Christopher Yesnick. 07/15/16 Preparation of correspondence to witness Captain Richard LHR 0.20 McNevin re: confirmation of participation at trial pertaining to Christopher Yesnick. Page 610 of 1471 Client: City of Boynton Beach August 11, 2011k Matter:!1 - Yesnick v. BoyntonBeach Page 7 Date Services Attorney Hours 07/15/16 Preparation of correspondence to witness Officer Fabrice LHR 0.20 Jeanniton re: confirmation of participation at trial pertaining to Christopher Yesnick. 07/15/16 Preparation of correspondence to witness Sergeant Russell LHR 0.20 Faine re: confirmation of participation at trial pertaining to Christopher Yesnick. 07/15/16 Extensive telephone conference with George Baldino re: RKD 0.40 questions pertaining to subpoenas for trial from both Plaintiff and Defendant and confirming times and dates for appearance at trial. 07/15/16 Research background information on Plaintiffs expert RKD 1.50 physicians, Dr. Louis Miller, Dr. Jose Ortega, Dr. Robert Lins, Dr. Thomas Kirchner, Dr. Jonathan Huber, and Dr. Erik Baumel. 07/15/16 Preparation of Clerk of Court's mandatory Trial Exhibit Labels RKD 0.50 for use at trial. 07/15/16 Receipt and review of e-mail from Town Representative for LHR 0.20 Trial, Tim McPherson re: upcoming trial of case and his questions concerning same. 07/15/16 Preparation of email response to Town Representative for Trial, LHR 0.20 Tim McPherson re: upcoming trial of case and answering his questions concerning same. 07/16/16 Preparation for trial, including initial preparation of LHR 6.90 cross-examination of Plaintiff Christopher Yesnick and his primary witness, Kevin Metz. 07/17/16 Review, revise and finalize jury instructions and verdict form. GPR1 1.20 07/17/16 Receipt and review of e-mail from Michael Amezaga counsel AGA 0.20 for plaintiff re: issues with upcoming trial. 07/17/16 Receipt and review of Plaintiffs proposed Jury Instructions for AGA 0.80 Trial. 07/17/16 Continued preparation for trial trial, including preparation of LHR 7.20 direct examination of former officer Baldino and current Capt. McNevin, Sgt. Faine, and Officer Jeanniton, review trial exhibits, and prepare direct examination of witnesses Ryan Carr and Tamara Wiles. 07/18/16 Telephone conference with Michael Amezaga counsel for AGA 0.20 Plaintiff re: trial status. 07/18/16 Telephone conference with Judge Colin's Judicial Assistant re: AGA 0.20 trial status. 07/18/16 Correspondence to Julie Oldbury City of Boynton Beach re: trial AGA 0.30 canceled. 07/18/16 Correspondence to Michael Amezaga counsel for Plaintiff re: LHR 0.30 proposed Jury Instructions and Verdict Form 07/18/16 Preparation of correspondence to defense expert, Dr. Michael LHR 0.30 Zeide re: cancellation of trial. Page 611 of 1471 Client: City of Boynton Beach August 11, 2016 Matter: 13300 - Yesnick v. Boynton Beach Page 8 Date Services Attorney Hours 07/18/16 Preparation of correspondence to Sergeant Russel Faine re: LHR 0.30 Alex B. Ershock, Associate cancellation of trial. 140.00 07/18/16 Preparation of correspondence to George Baldino re: LHR 0.30 54.30 cancellation of trial. 8,959.50 07/18/16 Preparation of correspondence to Ryan Carr re: cancellation of LHR 0.30 165.00 trial. LHR 07/18/16 Preparation of correspondence to Tamra Wiles re: cancellation LHR 0.30 5,989.50 of trial. Rebecca K. Davis, Paralegal 07/18/16 Preparation of correspondence to Officer Fabrice Jeanniton re: LHR 0.30 cancellation of trial. 07/18/16 Preparation of correspondence to Captain Richard McNevin re: LHR 0.30 cancellation of trial. 07118/16 Telephone conference with Ryan Carr re: advising trial RKD 0.30 canceled. 07/18116 Telephone conference with Tamra Wiles re: advising trial RKD 0.30 canceled. 07/18/16 Telephone conference with Dr. Michael Zelde re: advising trial RKD 0.30 canceled. 07/18116 Telephone conference with Captain McNevin re: advising trial RKD 0.30 canceled. 07/18/16 Telephone conference with Sergeant Faine re: advising trial RKD 0.30 canceled. 07/18/16 Telephone conference with Officer Jeanninton re: advising trial RKD 0.30 canceled. 07/18/16 Telephone conference with Officer Baldino re: advising trial RKD 0.30 canceled. 07118/16 Receipt and review of e-mail from Fabrice Jeanniton re: LHR 0.10 confirmation of time to testify at trial pertaining to Plaintiff, Christopher Yesnick. 07/18/16 Continued preparation for Mal to begin the next morning. LHR 3.50 07/20/16 Receipt and review of Affidavit of Service for George Baldino LHR 0.10 pursuant to Subpoena for Trial. I U N Q;I 44--1 M 2, F-11 Wi 4 it CA . Code Name Hours Rate Amoun� ABE Alex B. Ershock, Associate 5.40 140.00 756.00 AGA Andrea G. Amigo, Partner 54.30 165.00 8,959.50 GPR1 George P. Roberts, Jr., Of Counsel 1.20 165.00 198.00 LHR Lyman H. Reynolds, Jr., Partner 36.30 165.00 5,989.50 RKD Rebecca K. Davis, Paralegal 29.60 80-00 2,368.00 Page 612 of 1471 Client: City of Boynton Beach Matter: 13300 - Yesnick v. Boynton Beach Code Name Hours Total Professional Services 126.80 Date Description 07/05/16 Courier fee #807158284140: Dr. Michael Zeide - Federal Express 07/06/16 Travel Boynton Beach: attend pre-trial meetings with Cap McNevin and Sgt. Faine. - Lyman'H. Reynolds, Jr. 07/07/16 Witness Fee - Trial George Baldino Witness Fee Trial - George Baldino, Jr. 07113/16 Travel Boynton Beach: attend pre-trial meeting w/Officer FabriGe Jeanoriton. - Lyman H. Reynolds, Jr. 07/13/16 Costs Advanced PBCC: pick up certified copies $9.11; Parking $1.00 - Alex B. Ershock 07/21/16 Subpoena Fees #LAS -2016007824 service: Nicholas BaE re: Yesnick - Legal Advocate Services, Inc. 07/21/16 Subpoena Fees #LAS -2016007825 service: Ryan Carr re Yesnick - Legal Advocate Services, Inc. 07/21/16 Subpoena Fees #LAS -2016007826 service: Tamra Wiles re: Yesnick - Legal Advocate Services, Inc. 07/21/16 Subpoena Fees #LAS -2016007827 service: Sarah Stanto re: Yesnick - Legal Advocate Services, Inc. 07/21/16 Costs Advanced WPB: PBC Courthouse; attend hearing, Plf's M/In Limine. Parking. - Andrea Amigo 07/26/16 Subpoena Fees #LAS -2016008691 service: George Baldino re: Yesnick - Legal Advocate Services, Inc. Photocopies thru 07/31/16 Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: August 11, 2016 Page 9 Rate Amount $18,271.00 Amount 21.48 25.92 7.00 25.92 10.11 50.00 25.00 25.00 25.00 3.00 50.00 222.80 $491.23 $ 18,762.23 9,134.47 -9,134.47 $ 18,762.23 Page 613 of 1471 to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 34744 Bill Date: August 11, 2016 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 13300 Matter Name: Yesnick v. Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE Page 614 of 1471 1,10BERTS, REYNOLDS,DA Columbia Drive, West Palm Beach, a` Telephone68i 60 Tax ID No. 65-0004867 City of Boynton Beach August 11, 2016 Attn: Julie Oldbury Bill No. 34742 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Jones v. Boynton Beach 13176 Claim # •- y * s Date Services Attorney ou 07/01/16 Correspondence to Steven Polhemus counsel for Plaintiff re: AGA 0.30 City has no interest in settlement. 07/06/16 Correspondence to Julie Oldbury City of Boynton Beach re: AGA 0.30 Plaintiffs newest settlement offer of $70,000.00. 07/06/16 Receipt and review of e-mail from Steven Polhemus counsel for AGA 0.30 Plaintiff re. settlement offer of $70,000.00. 07/06/16 Receipt and review of e-mail from Julie Oldbury City of Boynton LHR 0.20 Beach re: City not interested in settlement. 07/06/16 Preparation of email response to Julie Oldbury City of Boynton LHR 0.20 Beach re: confirming City not interested in settlement. 07/07/16 Correspondence to Steven Polhemus counsel for Plaintiff re: LHR 0.30 City not interested in settling. 07/15/16 Receipt and review of Plaintiffs Reply to Defendants' Motion for LHR 0.50 Attorney's Fees and Non Taxable Costs. 07/15/16 Review Plaintiffs Reply to City's Motion for Attorneys' Fees and AGA 0.90 Non -Taxable Costs and case law cited therein. 07/18/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Reply to Defendants' Motion for Attorney's Fees and Non Taxable Costs. 07/18/16 Receipt and review of Court's executed Order Granting LHR 0.20 Defendants McNevin & McCoy's Motion to Tax Costs. 07/18/16 Receipt and review of Court's executed Order Granting LHR 0.20 Defendants City, Immler, Deale & Briganti's Motion to Tax Costs. 07/18/16 Research and review of case law re: no entitlement to state law KRH 1.90 claims, required facts to establish a prima facie case, failure of court to grant motion for leave to amend. Page 615 of 1471 Client: City of Boynton Beach August 11, 2016 Matter: 13176 - Jones v. Boynton Beach Page 2 WZ101;1*1-11 Date Services Attorney Hours 07/19/16 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 Andrea G. Amigo, Partner executed Orders Granting Defendants City, Immler, Deale & 165.00 1,188.00 Briganti's Tax Costs and Defendants McNevin & McCoy's George P. Roberts, Jr., Of Counsel 0.40 Motion to Tax Costs. 66.00 07/19/16 Initial preparation of City's Reply to Plaintiffs Response in AGA 2.90 140.00 Opposition to Defendants' Verified Motion for Attorneys' Fees LHR Lyman H. Reynolds, Jr., Partner and Non -Taxable Costs. 165.00 07/20/16 Prepare revisions to City's Reply to Plaintiffs Reply to Plaintiffs AGA 1.50 response in opposition to City's Motion for Attorney's Fees, Expert Fees and non-taxable costs. 07/22/16 Receipt and review of correspondence from 11th DCA Clerk of LHR 0.20 Court to Plaintiffs counsel Polhemus re: need for Civil Appeal Statement and Motion to File Same Out of Time within 14 days or case will be dismissed. 07/22/16 Receipt and review of correspondence from 11th DCA Clerk LHR 0.20 Memorandum to Counsel re: initial Appellate filing requirements and directives. 07/22116 Receipt and review of orders of 11th CCA re: order for GPR1 0.40 appellant to file civil cover sheet and briefing schedule. 07/23/16 Finalize revisions to Defendant, City of Boynton Beach's, Reply AGA 0.70 to Plaintiffs Response in Opposition to Defendant's Verified .Motion for Attorney's Fees, Expert Fees and Non -Taxable Costs. 07/25/16 Correspondence to Julie Oldbury City of Boynton Beach re: AGA 0.30 Defendant, City of Boynton Beach's, Reply to Plaintiffs Response in Opposition to Defendant's Verified Motion for Attorney's Fees, Expert Fees and Non -Taxable Costs. 07/27/16 Receipt and review of Court's executed Order Denying Motion LHR 0.20 for Attorneys' Fees. 07/27/16 Correspondence to City Risk Manager Julie Oldbury re: Court's LHR 0.20 executed Order Denying Motion for Attorneys' Fees. 07/27/16 Receipt and review of email response from City Risk Manager LHR 0.10 Julie Oldbury re: acknowledging Court's executed Order Denying Motion for Attorneys' Fees. Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 7.20 165.00 1,188.00 GPR1 George P. Roberts, Jr., Of Counsel 0.40 165.00 66.00 KRH Keith R. Hedrick, Associate 1.90 140.00 266.00 LHR Lyman H. Reynolds, Jr., Partner 2.90 165.00 478.50 Page 616 of 1471 C]lent: City of Boynton Beach Matter: 13176 - Jones v. Boynton Beach PROFESSIONAL SERVICES SUMMARY Code Name Hours Total Professional Services 12.40 CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: August 11, 2011 Page 3 Rate Amount $1,998.50 Page 617 of 1471 11111111111 1111liq W to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 34742 Bill Date: August 11, 2016 Client Code: 032 Client Name: City of Boynton Beach I Matter Code: 13176 Matter Name: Jones v. Boynton Beal Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE Page 618 of 1471 ROBERTS, REYNOLDS, D 1 Columbia ! 1 West Palm Beach, ,, TeIephone (561)688-6560 Tax ID -. 65-0004867 City of Boynton Beach August 11, 2016 Attn: Juile Oldbury Bill No. 34743 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Boynton Old School v. Boynton Beach 13214 Claim #NIA ILL FOR FEES AND COSTS THROUGH 07/31/16 • Date Services rn 07/10/16 Receipt and review of e-mail from Plaintiffs co -counsel David LHR 0.20 Sales advising of two additional cases he may rely on for upcoming special set hearing on City's Motion to Dismiss. 07/10/16 Receipt and review of e-mail from City Attorney Cherof re: LHR 0.20 upcoming hearing on City's Motion to Dismiss. 07/10/16 Preparation of email response to City Attorney Cherof re: LHR 0.20 upcoming hearing on City's Motion to Dismiss. 07/10/16 Receipt and review of second e-mail from City Attorney Cherof LHR 0.10 re: upcoming hearing on City's Motion to Dismiss. 07/10/16 Research and review 2 new cases which Plaintiffs counsel LHR 0.90 advises he may rely upon for upcoming special set hearing on City's Motion to Dismiss. 07/10/16 Preparation for special set hearing on City's Motion to Dismiss LHR 1.80 with Prejudice before Judge Keyser the next day. 07/11/16 Preparation of e-mail to City Attorney Cherof with additional LHR 0.20 case Plaintiff may rely on for upcoming hearing on Motion to Dismiss. 07/11/16 Preparation of second email to City Attorney Cherof with LHR 0.20 additional case Plaintiff may rely on for upcoming hearing on Motion to Dismiss. 07/11/16 Attendance at special set hearing on City's Motion to Dismiss LHR 3.50 before Judge Gregory Keyser at the Palm Beach County Courthouse in West Palm Beach, FL. 07/13/16 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 outcome of hearing on City's Motion to Dismiss Third Amended Complaint. Page 619 of 1471 Client: City of Boynton Beach August 11, 2016 Matter: 13214 - Boynton Old School v. Boynton Beach Page 2 Date Services Attorney Hours 07121/16 Receipt and review of news article frorn Palm Beach Post LHR 0.30 concerning City seeking design ideas for downtown including high school. Code Name Hours to LHR Lyman H. Reynolds, Jr., Partner 7.80 165-00 Total Professional Services 7.80 Date Description 07/12/16 Copies of documents #169389: proceedings fefore Judgr; Keyser, 7/11/16, attendance, no transcript requested. - Florida Court Reporting 07121/16 Costs Advanced WPB: PBC Courthouse, attend special set hearing, City's M/Dismiss. Parking. - Lyman H. Reynolds, Jr. Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Amount 1,287.00 rrn i� OW Page 620 of 1471 '71ease return this page with remittanoz. to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Date: August 11, 2016 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 13214 Matter Name: Boynton Old School v. Boynton Beach Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Page 621 of 1471 6. P. CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2015-2016 Budget Status Report of the General Fund and the Utilities Fund for the ten (10) month period ending July 31, 2016. 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 ten(10) month period ended July 31, 2016 (83% of the fiscal year). 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 $6.4M surplus for the period ending July 31, 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 Page 622 of 1471 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 $ 71,174 93% $ 73,794 $ 68,701 93% 3.7% 3.6% &Transfers Expenditures $(76,518) $(64,750) 85% $(73,794) $(60,527) 82% 3.7% 7.0% Excess (Deficit) $ - $ 6,424 $- $ 8,174 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $6.4M surplus for the period ending July 31, 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 Page 622 of 1471 100% - $ 76.5M - Total funding sources 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 tenth month in FY 2015-16, revenues and transfers realized are approximately $71.1M of the budget estimate compared to $68.7M 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 $26.8M 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 $3.77M or 78% actually collected compared to $3.82M or 86% in FY 2014- 15. 2. Business Taxes are due at the beginning of the fiscal year. For FY 2015-16, approximately $1.62M or 105% has been collected compared to the FY 2014-15 amount of $1.58M or 94%. 3. State Shared revenues of $6.62M or 80% have been collected in FY2015-16 as compared to $6.5M or 85% received in FY 2014-15. 4. Public Safety revenues at this point collected are $5.10M or 105% received compared to $4.86M or 111 % for FY 2014-15. 5. Special Assessment revenues, related to Fire and Rescue, in the amount of $5.62M or 101 % have been collected compared to $5.56M or 100% 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 for additional landscaping, wage increases and increased pension contribution. Actual Expenditures - General Fund expenditures for the ten month period ending July 31 (83% of the fiscal year) are $64.7M which is 85% 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 $64.7M or 85% of the FY 2015-16 budget. At this point in the fiscal year, FY2015-16 spending levels are $4.2M ahead of the $60.5M or 82% expended in FY 2014-15 for this same period. Note: at this point in time General Fund encumbrances totaled 978K. 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 a decrease of an estimated $56K to the fund balance for FY 2015-16. FY 2015-16 FY 2014-15 FY 2016 vs. 2015 Page 623 of 1471 For the ten month period in FY 2015-16, • Revenues realized are $37AM (89%) of the annual budget estimate. • Expenditures incurred are $33.7M (80%) of the annual appropriated budget. This resulted revenues in excess of expenditures in yielding a surplus of approximately $3.7M. The following provides brief comments on the Utility Fund revenues and expenditures to date. Revenues (Exhibit Q - The $37AM in FY 2015-16 actual revenues and fund balance reflect a slight decrease compared to the $36.7M in FY 2014-15, because of the following factors: • Water Sales - $17.6M equivalent to 90% of the annual estimate, compared to $17.2M or 94% at this point in FY 2014-15. • Water Service Charge - $725K equivalent to 97% of the annual estimate, compared to $760K or 152% at this point in FY 2014-15. • Sewer Service - $15.7M equivalent to 87% of the annual estimate, compared to $15.1 M or 88% at this point in FY 2014-15. Expenditures (Exhibit D) — Utility Fund FY 2015-16 expenditures to date are $33.6M or 80% of the annual appropriation compared to expenditures of $31.7M or 79% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). Note: at this point in time Utility Fund encumbrances totaled $716K. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 624 of 1471 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 42,218 $ 37,420 89% $ 40,341 $ 36,777 91% 4.7% 1.7% &Transfers Expenditures $(42,218) $(33,671) 80% $(40,341) $(31,697) 79% 4.7% 6.2% Excess (Deficit) $ - $ 3,749 $ - $ 5,080 For the ten month period in FY 2015-16, • Revenues realized are $37AM (89%) of the annual budget estimate. • Expenditures incurred are $33.7M (80%) of the annual appropriated budget. This resulted revenues in excess of expenditures in yielding a surplus of approximately $3.7M. The following provides brief comments on the Utility Fund revenues and expenditures to date. Revenues (Exhibit Q - The $37AM in FY 2015-16 actual revenues and fund balance reflect a slight decrease compared to the $36.7M in FY 2014-15, because of the following factors: • Water Sales - $17.6M equivalent to 90% of the annual estimate, compared to $17.2M or 94% at this point in FY 2014-15. • Water Service Charge - $725K equivalent to 97% of the annual estimate, compared to $760K or 152% at this point in FY 2014-15. • Sewer Service - $15.7M equivalent to 87% of the annual estimate, compared to $15.1 M or 88% at this point in FY 2014-15. Expenditures (Exhibit D) — Utility Fund FY 2015-16 expenditures to date are $33.6M or 80% of the annual appropriation compared to expenditures of $31.7M or 79% for the prior fiscal year (which excludes depreciation and the joint ventures expenditures). Note: at this point in time Utility Fund encumbrances totaled $716K. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 624 of 1471 ATTACHMENTS: Type D Addendum REVIEWERS: Department Finance Finance City Manager Description FY2015/16 GF Financial Report @ July 2016 - Rev FY2015/16 GF Financial Report @ July 2016 - E)p FY2015/16 OF Financial Report @ July 2016 - Rev FY2015/16 OF Financial Report @ July 2016 - E)p Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 9/14/2016 - 3:27 PPA 9/14/2016 - 3:27 PPA 9/15/2016 - 4:44 PPA Page 625 of 1471 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31, 2016 (83% of Fiscal Year) $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:AFinan TinancialRep onsWonthlyFinancialRep orts\FY2015-2016\BudgetReview-GF-thmJuly 16Sumni ized001RevenueSummaryRevised Page. 626,of 1471 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 $ 35,591,243 REALIZED 100% APPROVED $ 32,304,232 REALIZED 32,034,886 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 29,619,660 101% 27,117,354 26,853,231 99% LICENSES AND PERMITS BUSINESS TAXES 1,545,000 1,626,815 105% 1,690,000 1,581,849 94% BUILDING PERMITS 2,154,000 2,251,761 105% 2,415,000 1,824,148 76% FRANCHISE FEES 4,830,000 3,769,187 78% 4,420,000 3,820,073 86% OTHR LICENSES, FEES & PER 180,000 216,631 120% 170,000 181,925 107% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 130,000 27,135 21% 55,000 48,601 88% STATE SHARED REVENUES 8,239,000 6,626,080 80% 7,724,000 6,533,531 85% SHRD REV FROM OTHR LCL 395,000 141,092 36% 440,000 250,616 57% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 120,133 99% 104,000 121,647 117% CHRGS-GENERAL GOVT 459,000 398,954 87% 616,798 543,824 88% PUBLIC SAFETY 4,870,949 5,107,902 105% 4,383,605 4,865,525 111% PHYSICAL ENVIRONMENT 20,000 9,550 48% 20,000 6,868 34% CULTURE/RECREATION 410,500 381,579 93% 353,000 384,967 109% INTEREST & MISC REVENUE LIBRARY FINES 30,000 15,760 53% 30,000 18,212 61% VIOLATIONS LOCAL ORD. 595,000 542,740 91% 603,860 721,157 119% INTEREST EARNINGS 50,000 104,234 208% 50,000 63,997 128% RENTS AND ROYALTIES 367,200 293,640 80% 351,000 271,208 77% SPECIAL ASSESSMENTS 5,541,500 5,620,172 101% 5,542,000 5,562,550 100% SALE OF SURPLUS MATERIAL 2,000 2,129 106% 2,000 640 32% OTHER MISC. REVENUE 233,000 222,162 95% 237,000 335,167 141% INTERNAL FUND TRANSFERS TRANSFERS 16,442,000 13,701,667 83% 16,518,000 13,918,558 84% FUND BALANCE APPROPRIATED 450,645 375,538 83% 951,781 793,151 83% Total Revenues $ 76,518,564 $ 71,174,521 93% $ 73,794,398 68,701,445 93% $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:AFinan TinancialRep onsWonthlyFinancialRep orts\FY2015-2016\BudgetReview-GF-thmJuly 16Sumni ized001RevenueSummaryRevised Page. 626,of 1471 S: pinancepinancial ReportsAlonthty Financial ReportspY2015-2016\Budget Review - GF - flim July 16 Summarized001 Expenditure Summary Revised Page. 627701Of 1471 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31, 2016 (83% of Fiscal Year) 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 $ 183,235 70% $ 252,374 $ 181,937 72% CITY MANAGER 585,310 574,968 98% 631,275 545,216 86% CITY HALL/GEN. ADMIN. 3,326,639 1,849,198 56% 2,121,218 1,537,670 72% MARKETING/COMMUNICATIONS 234,811 191,892 82% 180,646 105,603 0% CITY CLERK 611,709 482,077 79% 565,942 442,829 78% CITY ATTORNEY 600,944 479,274 80% 596,893 405,733 68% FINANCIAL SERVICES 1,175,704 1,009,896 86% 1,163,228 983,239 85% ITS 2,036,828 1,605,527 79% 1,917,477 1,492,438 78% HUMAN RESOURCES 755,200 546,415 72% 735,597 583,553 79% PUBLIC SAFETY UNIFORM SERVICES 13,759,178 13,497,269 98% 13,682,226 11,456,457 84% ADMINISTRATIVE SERVICES 7,319,636 4,408,244 60% 7,023,314 5,779,565 0% SUPPORT SERVICES 8,382,483 7,706,380 92% 8,582,994 7,231,337 0% FIRE 21,927,587 19,503,395 89% 21,473,553 17,917,182 83% EMERGENCY MANAGEMENT 81,914 14,082 17% 46,914 11,055 24% BUILDING & DEVELOPMENT DEVELOPMENT 1,000,576 871,987 87% 892,532 724,919 81% BUILDING 1,191,695 969,460 81% 1,183,613 882,193 75% ENGINEERING 675,777 606,786 90% 689,856 569,362 83% PLANNING & ZONING 742,572 657,175 88% 700,921 607,935 87% ECONOMIC DEVELOPMENT 265,731 155,708 59% 223,339 190,000 85% PUBLIC WORKS PUBLIC WORKS 221,695 199,697 90% 231,907 198,042 85% FACILITIES MANAGEMENT 1,611,462 1,246,430 77% 1,529,462 1,238,140 81% STREETS MAINTENANCE 1,085,307 934,835 86% 1,119,169 923,286 82% LEISURE SERVICES LIBRARY 2,261,401 1,943,722 86% 2,234,621 1,858,558 83% SCHOOLHOUSE MUSEUM SERV 301,653 285,720 95% 336,444 310,645 92% RECREATION 2,974,429 2,542,369 85% 2,927,630 2,466,575 84% PARKS & GROUNDS 3,127,631 2,256,136 72% 2,751,253 1,861,131 68% CRA REIMBURSABLE & RESERVES - 28,935 0% 0 22,586 0% Total Expenditures $ 76,518,564 $ 64,750,812 85% $ 73 794 398 $ 60,527,186 82% S: pinancepinancial ReportsAlonthty Financial ReportspY2015-2016\Budget Review - GF - flim July 16 Summarized001 Expenditure Summary Revised Page. 627701Of 1471 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31, 2016 (83% of Fiscal Year) 5:\Finance\Financial Reports\Monthly Financial Reports\FY2015-2016\Budget Review - OF - thru July 16 S-marized401 Rev Sum Page 628 of 1471 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 $ 17,593,842 REALIZED 90% APPROVED $ 18,400,000 REALIZED $ 17,238,243 REALIZED 94 WATER SALES WATER CONNECTION FEE 25,000 38,360 153% 10,000 33,990 340 WATER SERVICE CHARGE 750,000 725,455 97% 500,000 760,785 152 WTR-BACKFLOW PREVNTR TEST 5,000 19,000 380% 5,000 6,500 130 RECLAIMED WATER SALES 60,000 49,230 82% 40,000 56,343 141 SEWER SERVICE 17,988,000 15,669,150 87% 17,254,000 15,108,147 88% STORMWATER UTILITY FEE 3,790,000 3,145,582 83% 3,610,000 3,155,409 87% TELEVISE SEWER LINES 2,500 12,857 514% 7,000 912 13 FEES 10,000 36,854 369% 10,000 5,572 56 INTEREST INCOME 40,000 42,202 106% 50,000 25,488 51 SALE OF SURPLUS EQUIP. - 1,403 0% - 1,837 0 OCEAN RGE UT TAX ADM CHG 800 725 91% 800 615 77 BAD DEBT RECOVERIES 500 - 0% 500 - 0 MISCELLANEOUS INCOME - 38,377 0% - 4,988 0% TRANSFER FROM SANITATION FUND - - 0% 101,000 84,167 83 FUND BALANCE DECREASE (INCREASE) 56,108 46,757 83 % 353,230 294,358 83 TOTAL REVENUES $ 42 217 908 $ 37,419,794 89% $ 40,341,530 $ 36,777,354 91 5:\Finance\Financial Reports\Monthly Financial Reports\FY2015-2016\Budget Review - OF - thru July 16 S-marized401 Rev Sum Page 628 of 1471 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended July 31, 2016 (83% of Fiscal Year) 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 $ 1,387,074 84% APPROVED EXPENDED $ 1,533,357 $ 1,144,783 75% WATER DISTRIBUTION PUBLIC WATER TREATMENT 5,691,571 4,417,619 78% 5,595,214 4,341,693 78% METER READING & SERVICES 1,208,362 893,847 74% 931,685 750,793 81 WASTEWATER COLLECTION 1,710,597 1,356,684 79% 1,605,462 1,180,096 74% WASTEWATER PUMPING STATNS 2,577,842 2,064,780 80% 2,416,722 1,911,017 79% SEWAGE TREATMENT 4,405,000 3,061,240 69% 4,600,000 3,472,748 75% WATER QUALITY 662,894 562,317 85% 706,548 588,267 83 UTILITY ADMINISTRATION 14,527,294 11,723,045 81% 12,940,399 10,393,683 80 UTILITES ENGINEERING 1,150,746 1,079,433 94% 1,324,956 1,031,650 78% STORMWATER MAINTENANCE 978,291 778,527 80% 1,020,884 609,970 60% CUSTOMER RELATIONS 1,562,822 1,208,045 77% 1,581,519 1,137,778 72% DEBT SERVICE 6,082,735 5,138,506 84% 6,084,784 5,134,668 84% Total Expenditures $ 42,217,908 $ 33,671,117 80% $ 40,341,530 $ 31,697,146 79% 5:\Finance\Financial Reports\Monthly Financial Reports\FY2015-2016\Budget Review - OF - thru July 16 Summarimi:401 Exp Sum Page 629 of 1471 CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of August 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 August 2016: Purchase Order Vendor Amount 161378 Stantec Consulting Svcs $ 23,000.00 161390 Chief Supply $ 19,950.00 161406 HPFI $ 15,619.10 161417 Achieve $ 12,495.00 161424 Xylem Water Solutions USA $ 10,056.00 161425 Fice Design $ 22,220.00 161426 HD Supply Waterworks $ 12,108.00 161427 Insight Public Sector $ 13,260.00 161428 Winsted Corporation $ 14,542.99 161429 TI Electric USA, Inc. $ 24,279.61 161431 NDI Recognition Systems $ 24,202.50 161441 Thermal Concepts, Inc. $ 39,295.00 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT. Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 630 of 1471 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Attachment REVIEWERS: Department Finance Finance City Manager Description Purchases over 10K - August 2016 Backup Reviewer Action Howard, Tim Approved Howard, Tim Approved LaVerriere, Lori Approved Date 9/14/2016 - 4:32 PPA 9/14/2016 - 4:32 PPA 911612016 - 4:46 PPA Page 631 of 1471 k gigi CITY OF BOYNTON BEACH lo , 5 APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR AUGUST 2016 1. Vendor: Stantec Consulting Services Purchase Amount: $23,000.00 Requesting Department: Utilities Contact Person: Colin Groff Date: 8/5/16 Brief Description of Purchase: Stantec Consulting Services, Inc. will prepare a formal request for qualifications (RFQ), in compliance with Florida Statue 287.05712 "Public-private partnerships" as a first step to selecting a private developer for Town Square and the provision of needed public facilities to be located upon other possible City -owned parcels, including a site on High Ridge Road and another at Ocean Breeze East. Task order U-1 D-02 RFQ #01 7-2821-14/DJL Scope D. Source for Purchase: RFQ 017- 1-11DJL Fund Source: 001-1211-512-49-17 2. Vendor.- Chief Supply Purchase Amount: $19,950.00 Requesting Department: Police Contact Person: Capt. Zeller Date: 8/10/16 Brief Description of Purchase: Ballistic protection for Road Patrol Officers during active shooter events. Source for Purchase: Piggyback State Contract Fund Source: 001-2110-521-52-51 #690-850-11-1 3. Vendor: HPF1 Purchase Amount: $15,619.10 Requesting Department: City Manager office Contact Person: Tim Howard Date: 8/12116 Brief Description of Purchase: New chairs for Commission Chambers. Source for Purchase: Piggyback State Contract Fund Source: 001-1110-511-64-16 #425-001-12-1 4. Vendor: Achieve Purchase Amount: $12,495.00 Requesting Department: City Manager office Contact Person: Eleanor Krusell Date: 8/22/16 Brief Description of Purchase: City website design services. Source for Purchase. Other Fund Source: 001-1212-519-49-17 Page 1 Page 632 of 1471 I 5. Vendor: Xylem Water Solutions USA, Inc. Purchase Amount: $10,056.00 Requesting Department: Utilities Contact Person: Colin Groff Brief Description of Purchase: Date: 8/22116 Two 20hp pumps need to be repaired at Lift Station #511 after being struck by lightning. Pump #1 has a burnt stator due to strike. Pump #2 has a burnt stator due to strike, The cooling jacket and flow diffuser are under a 100% warranty. Source for Purchase: Sole Source Fund Source: 401-2816-536-46-51 Purchase Amount - Requesting Department: Utilities Contact Person: Chris Roschek Date: 8/22/16 Brief Description of Purchase: Utilities would like to restore power to Well #8, which has been inactive for quite some time, The problem may be with the 13.2kV electrical feeder from Well #7 to Well #8. The General Consulting engineers that we have on contract currently hire slectrical subconsultants, while FICE Design has electrical engineers on staff locally. Source for Purchase: Other Fund Source: 403-5000-533-65-02 WTR021 Vendor: HD Supply Waterworks Purchase Amount: $12,108.00 Requesting Department: Utilities Contact Person: Chris Roschek Date: 8/22/16 Brief Description of Purchase: Utilities would like to repair an existing 36" gate valve which was discovered during the Raw Water Main - Section C project. The valve was sent to the manufacturer, Clow Valve Company, for inspection and a quote for the repair. HD Supply Waterworks is the sole waterworks distributor in Florida for Clow Valve Company. Therefore, the Purchase Order for the repair will be issued to HD Supply Waterworks. Source for Purchase: Sole Source Fund Source: 404-5000-533-65-01 WTR136 8. Vendor: Insight Public Sector Purchase Amount: $13,260.00 Requesting Department- Police Brief Description of Purchase: Replacement for 7 and 8 year old desktop computers. Source for Purchase: Piggyback US Communitiez- Contract #4400006644 ;9. Vendor: Winsted Corporation Requesting Department: Utilities Brief Description of Purchase: New East Water Plant workstation. New construction/new relocation of control room workstation. Source for Purchase: Three Written Quotes Contact Person: Doug Solomon Date: 8122/16 Fund Source: 001-2111-521-51-25 Contact Person: Colin Groff T -ate: 8/22/16 Fund Source: 403-5000-533-65-02 VifTRO20 "s I Page 2 Page 633 of 1471 10, Vendor. TI Electric USA, Inc. Purchase Amount: $24,279.61 Requesting Department: Utilities Contact Colin Groff Date: 8122116 Brief Description of Purchase: Steel electrical panels for Lift Stations so that maintenance crews are able to view the status of breakers and starters without opening cover. Source for Purchase: Three Written Quotes Fund Source: 401-2816-536-52-75 11. or: NDI Recognition Systems Purchase Amount: $24,202.50 Requesting Department: Police Contact Person: Capt. Zeller ® 8124116 Brief Description of Purchase: This is the purchase of a VeriPlate ALPR License Plate Recognition System. This system will allow for the capture of vehicle license plates for the purpose of investigative leads and the identification of stolen and/or wanted vehicles. Our department has been faced with a 32% increase in auto burglaries and a 35% increase in auto thefts this year. This system will be instrumental in combating these rising figures and obtaining the necessary information to complete criminal investigations. Source for Purchase: Sole Source Fund Source: 001-2110-521-64-15 12, Vendor: Thermal Concept, Inc. Purchase Amount. $39,295.00 Requesting Department: Public Works Contact Person: Gail Mootz Date: 8126116 Brief Description of Purchase: Emergency replacement of existing 40 ton condenser unit at Fire Station #3. Source for Purchase: Three Written Quotes Fund Source: 302-4101-580-64-18 GGIO04 Page 3 Page 634 of 1471 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #; 161378 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/05/16 IffamongEm TO: STANTEC CONSULTING SERVICES, I 226 CAUSEWAY STREET 6TH FLOOR BOSTON, MA 02114-2155 SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD I-LOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 23000.00 DL PREPARATION OF FORMAL (RFQ) REQUEST FOR P130CUREMENT SERVICES: il #I wl 010001 1p 1.0000 23000.00 aglam KloBffsalm Page 635 of 1471 I i r2 ;qolumlr-- I I I I I I M, I I I m I i I I I I Page 636 of 1471 *ate: 29 -Jul -16 Aequesting Department: Assistant Ci!y Manager Contact Person:.Colin Groff �,Stantec Consulting Serivces Inc. will prepare a formal Request for Qualations I I icompliance with Florida Statute 287.05712 " Public-private partnerships" as a first step to selecting a F-�rlvate develof d*rf other possible City -owned parcels, including a site on High Ridge Road and another at Ocean Breeze East. RFQ # 01 7-2821-14/DJL Scope D I T = 1;7 , t"'j, 11 111, - , � 11 , � , :-" " , : ,, M I I M '# a 166-1—lar Amount of Purchase $23,000.00 11i D01-1211-512-49-17 Approvals: �Department Hea Purchasing Agen City Manager Page 637 of 1471 Stantec Consulting Serivees Inc. will prepare a formal Request for Qualifications (R-FQ), in compliance with Florlds Statute 287.05712 "Public-private partnersbips"as a first step to selecting a private developer for Town Square and the provision of needed pa c facilities to be located upon other possible City -owned parcels, including a site an Iligb Ridge Road and another at Ocean Breeze East.Iv Task Order U-lD-02 RFQ #017-2821-14/DJL e D Scopti VENDOR INFORMATION: OTHER INFORMATION: Date: ASAP 1031 S&eet 60Flocyr Date Needed: 114-2155 'UP DOCS. DELIVERY: [ITTED.- Drew Leff, Principal QaotesfVerbal E. Admin 40 ew.FI i f, iC.com (over $500) (617) 654 - 6039 Quotes/written l ;t(over $2000) 33 (617)4333 42 99 INUIATOR. Colin Groff, P.E., Assistant Special Instructions: RF City Manager — Public Services #017-2821-14/DDJL APPROVED. Task Order U-11) Scope D Page 638 of 1471 Colin • '+ Assistant• • w ;; City of Boynton =• •w, Skgftc •+• COLWwayStmet6th Fkx—rR—yAimT�: 1 In accordance _ terms • d• w - Boynton consulting agreement between the City of :• (hereinafter w • - �o- and • - c Consulting Services, Inc., (hereinafter referred to as "Consultant", 'We' or 'Stontec"), dated September 8, 2014, we are Pleased to provIde this proposal In support of the Town Square P3 Project. • - attached • scope • • fee • your review • • ♦ • • w "• We look forward to the vpportunity of working with you on this Important project. Lei 4:14 tag N 1 • • '-• FAI Design with Communlly In minci Page 639 of 1471, 1 Town •Pmect SCOPE I . Review all materials related to the project cd provided by the City, Including any unsolicited proposals received by City • • other •.,, • •frompotential developers.Prepare a list of any additional Information needed that the City and/or the CRA might be able to provide. 2. Conduct a telephone conference call "kick-off meeting with the Assistant City Manager (ACM) and other key City and CRA stoff as determined by the ACM to dlscus� goals and objectives, overall strategy and Issues related to sollclflng developers and advancing the project 3. Draft • _ • !!ice C • �' • e Prepare text and mock-up of a draft RFQ. Review and Incorporate requirements of Florida Statute 287.05712. RFQ may be based upon form that the City has used previously.! ::. Include: • Information about the site(s) • City's objectives and requirements • Selection process 4. Review with ACM and #stafff •revise asnecessary. 5. Incorporate graphics, as provided by the CIt)6 necessary to convey City's intent and appendices documents helpful sollcltlng potential # i _ • •Interest • •further clarlyng _+ City's Intent. 6. Review Final RFQ with ACM and staff and revise. 7. Provide City with final RFQ document so that they may distribute to potential developers. 2. Attend and assist In presenting the RFQ at a Pre-bid meeting and assist the City to preparrz responses to formal questions. Page 640 of 1471 ON • • 1• : ' . ; Any services not specifically provided for In the above scope will be considered additional !i can b: performed • our hourly rates,Additional services we can -fi,rovide Include, but are not limited to, the following: Participate Developer : •i • analyze submissions. 2. Provide advice during the selection process .3. Prepare Request for Proposals (RFP) 4. Provide any drawings, pians, Illustration, and graphics. 5. Any services not specifically identified and described In the above Scope ot Services. Stantec will cortn F ! - 'j.. 1,• ! ! • _ • WMA -In -t14 Stantec will accomplish the services outlined In the scope of services, above, for the Total Lump Sum • ♦s- Of 111 Plus expenses, !- all ••: of services outlined herein plus reimbursable fees for plank reproductions, travel, etc. Invoicing and payment will be In accordance with the terms and conditions of the consulting ii • e• and • - ••i-w!September20andshallagreement!• between!! as Fees and expenses will be Invoiced at the delivery of the RFQ. Payment will be due within 30 days of the date on - Stantec Invoice. Fees and times stated In the agreement are valid for sixty (60) days after the dcrte of this letter. The following '"a• "ms represent • breakdown of the lump sum amounts • for If You concur with the foregoing and wish to direct us to proceed With the aforementioned Please executee enclosed • 7 ofthis letteragreement space provided •i • return. Fees and time stated In this agreement are vaIld for sixty (60) days after ft date of agreement by • T Consulting Services, Page 641 of 1471; 1 17 0 , a * * = I I *,;:. Stantec Consulting Service& Inc, appreciates the opportunity to submit this letter agreeme Please contact me at 617.654.6039 If you have any questions. I Drew Leff Principal Phone., (617) 664-6039 Fax. (617) 523-4333 Drew.Leffftantec.com I I * :• 0 F-1 IT, TO me 0 IMMITUMM Attest: Witness Page 642 of 1471 From: Leff, Drew <Drew.Leff@stantec.com> Sent: Friday, July 29, 2016 4:23 PM To. Pratt, Taralyn Subject: RE: Additional Information need for City of Boynton Beach Town Square P3 Project Purchase Order On second thought we can leave the Florida address. It's the same company. I'm located in Boston and Florida address is fine. QW45PQ The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any purpose except with Stantec's written authorization. It you are not the intended recipient, please delete all copies and notify us immediately. (3ease consider the environment before printing this emoil. From: Pratt, Taralyn [maIIto:prattt@bbfl.us] Sent: Friday, July 29, 2016 3:21 PM To: Leff, Drew Subject: RE: Additional Information need for City of Boynton Beach Town Square P3 Project Purchase Order ION =###I 11(01111111:4 (:,a 11 a I:4 -141r, Lila LZqL0KTAa.;. I - , I , Atist4gigr-IM11- 1 5 4 11 1 1 Thank you kindly, Taralyn Taraiyn Pratt, Contract Coordinator Boynton Beach Utilities City of Boynton Beach 124 E. Wootbright Rd. I Boynton Beach, Florida 334 o: 561-742-6447 pratttobbft.us I www.bmton-beach.org America's Gateway to the Guffstream Please be advised that Florida has a broad public records law and all correspondence to me viae it may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e -ma it communication and your e-mail address may be subject to public disclosure. Page 643 of 1471 IQ Taratyn Pratt, Contract Coordinator Boynton Beach Utilities City of Boynton Beach 124 E. Wooibright Rd. I Boynton Beach, Florida 33435 o: 561-742-6447 pratUft! us I www. boynton-beach. ore I Please be advised that Florida has a broad public records low and all correspondence to me via email may be subject to disclosure. Under Florida records tow, email addresses are public records. Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Leff, Drew [mailto: Drew. Leff@sWntec.coml Sent: Friday, July 29, 2016 1:25 PM To: PraM Taralyn Cc: Marlacher, Zachary Subject: RE: Additional Information need.fbr City of Boynton Beach Town Square P3 Project Purchase Order The content of this email is the confidential property of Stantec and should not be copied, modified, retransmitted, or used for any Purpose except with Slantec's written authorization. if you are not the Intended recipient, Please delete all copies and notify us immediately. Please consider the environment before printing this email. From: PrattTaralyn hailto:12ratit0bblu Sent: Friday, July 29, 2016 8:50 AM To: Leff, Drew Subject: Additional Information need for City of Boynton Beach Town Square P3 Project Purchase Order I -M in the process ot issuing an plmnAw—nmp-L 2, C - , Currently we have an address of : 21301 Powerline Road Suite 311, Boca Raton Florida 33433 Is this correct or is it 226 Causeway Street 6th Floor, Boston MA 02114-2155? Page 644 of 1471 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161390 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/10/16 zpz�•�� TO: CHIEF SUPPLY 2121E DISTRIBUTION CTR DR CHARLOTTE, NC 28269 SHIP TO: City of Boynton Beach POLICE DEPARTMENT 100 E. BOYNTON BCH. BLVD, BO YNT ON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCUREMENT SEWCES: ACCOUNT NO. PROJECT 001-2110-521.52-51 PURCHASING Page 645 of 1471 I i z1-1Cl fn H rl M I I # Ln 0 CO CD P4 w Z a EI N V 0 0x H w 9 H P4 CA w # # Page 646 of71 % I � H 1 Ln In w I l i OD CD 1 I EI H eH >1 O 7 a AI a (n 1 Cfi EnP4 (ry CLI co � i H 1 a I w 1 Q 1 1 7 1 1 I 1 I 0 W 0 I N U I Lfl IE1 Q SC I t4 � M ix' 1 N `D 1 M C^ 1 H la 1 co P4 N Hm 1 4 Ln a 0 1 C3 H L Uj U I 1 4 I dl 1D w N N O Cr H ; O O m1 0 04 U 1 C!] rl 1 t H I w Ln 0 1 >w d d ji 1 t2 O H v4 1 C9 O H V H I ul K H O I Ln M Iq H a� W Q 1 Q I ww I o] p 1 a U! Ci3 I I w as a e� rwn UWa U x 1 HHa H Ha NF -I I N�Ca E+ ga hda I UlQ Cf3 F I 1 P4 P4 N WPH p UH Ho I H M i HHw w t W H H a rl a w U w 04U PNU QHH 13- P4 94 a 90 cna uda v a M awa I w w H W I EI .... �} .... .,A H I 0ygm OOS+Q a4H NUOF H H T_}I 1 Q I Q UQ E+ O H I X00 v 0 9400 H a 1 C^ U r- M U 1-1 E U a Q 1 Ln M H I ri N f'1 H 1 a 1 I i z1-1Cl fn H rl M I I # Ln 0 CO CD P4 w Z a EI N V 0 0x H w 9 H P4 CA w # # Page 646 of71 8/8/2016 POLICERequesting Department: `TZELLER 'Explanation Ballistic protection for Road Patrol Officers a active shooter r Purchase (check and attach backup materials). Three Written Quotations GSA State Contract =X PRIDEIRESPECT SNAPS Sole Source Piggy -Back d ted Item Emergency Purchase Other Contract Number, 690-850-11 -1 TE: NOV# for purchase mU t be prasented In the same.detall oontairwd withIn the conftet Page 647 of 1471 From; Jose • <jferrando@lawsupply.com Thursday, • F' 2016 Jose Ferrando Subject.Enforcement• Your Quote# 263608 Quote Date 08/04/16 •! r 4" Order taken by: • a r o Account# 300057 ACCOUNTS E "! BOX 3 10 BQNKVQ1 i Remit To: Chief Supply PO Box is ,! W A IM CAPT ZELLER 100 E BOYNTON BEACH BLVD IVIO-A,117-01; BEACH, FL 334353838 Contract: 680 -850 -11 -IBA PREP.4 1! I ;! ! • 1 #I i • PartNo Description UM QtyOrd UnitPrc Extension XSPSPCL774 - PROTECH DELTALISTIC HELEA METFULL 50 241.500 12,075.00 W/MESH CROWN XSP774 S CL - T C LTA SIC E L E 30 241.500 7,245.00 W S O S S L 1177282 - PROTECH RAILST BLACK EA 10 63.000 630.00 Sub Total 19,950.00 Freight Handling Tax Total 19950.00 Y, k4l:yj!�113 11II . , ,t t �. COST IS INCLUDED EQUALWE ARE AN OPPORTUNITY EMPLOYER. THANK YOU FOR YOUR # R BUSINESS. i Page 648 of 1471 pricing and re4ssue the quote. Standard freight charges apply unless otherwise specified. 1111!1151P I l� i being submitted to the manufacturer. My written or electronic approval of this order as presented here confirms that 1 accept these terms and agree to pay all fees attributed to any error on my part. 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Memorandums Jessica Koburger Contract Administration 850-922-1214 es�iga.KobuLger@dms.myflorida.cgmI Commodity Codes680`850, UNSPSC-46151504 Description This state term contract includes NIJ (National Institute of Justice; the research, development and evaluation agency of the United States Department of - Standard 1010.06 ("NIJ .06 Standard",' Purchasestactical Body Armor, along with NII -approved stab -resistant Body Armor and related accessories. • NIJ Standard 0101.06 Compliant Body Armor • Discounts range from 43 percent to 62.5 percent off of price • Stock item delivery In three -five days (contract allows 30 days) • Free delivery Statewide coverage Toll-freeto customer service representatives productWide ln standard . 1 CertIfied vendor availability Measuring and fitting services � BgpTidrybe V#pppppqq Vlpeadqr �'�� Page 661 of 1471 http://www.dms.myflorida.com/businessLoperations/state_purchasing/vendor—infonnation/s... 8/8/2016 Contractors - Safariland / Contractors / Body Armor (Protective Vests) / State Term Contr... Page I of 5 Department of Management Services =-1 -MR114! FEIN: 59-2044869 Solicitation/ Contract Administration Please identify the person who will be responsible for administering the Contract on your behalf if award is made: Name: Patricia Coppedge Title: Bid Specialist Business Address: 13386 International Parkway City, State, Zip: Jacksonville, FL 32218 E-mail Address: patricia.coppedge@safariland.com Phone Number(s): 904-741-1739 Fax Number: 904-807-4984 If the person responsible for answering questions about the solicitation response is different from the person identified above, please provide the same information for that person. Name: Patricia Copedge Title: Bid Specialist Street Address: 13386 International Parkway E-mail Address: patricia.coppedge@baesystems.com Phone Number(s): 904-741-1739 Fax Number: 904-807-4984 Page 662 of 1471 h ./A7kRy'iy (IMF'M _M-"flnrjr1q eo /b fiorQ/Qtq*P nijrCj!?!FincT/ve dnr informptinrAR R/1;11016 Contractors - Safariland / Contractors / Body Armor (Protective Vests) / to Term Contr... Page 2,of 5 Direct Orders Please provide the following information about where Customers should direct orders. ALL ORDERS ARE TO BE SENT THROUGH THE DEALERS LISTED BELOW Company Name: GT Distributors Contact Name: Sandi White Street Address or P.O. Box: 8725 Younger man Court, Suite 305 City, State, Zip: Jacksonville, FL 32244 Toll Free Number. 800-443-6283 Ext 278 Email address: Sandl.white@gtdist.com Internet Address: www.gtdist.com Federal ID Number: 74-2339528 Remit Address: Same City, State, Zip: Same Certified Dealers (Duplicate as necessary) Company Name: Lou's Police Distributors, Inc. Contact Name: Ana Garcia Street Address or P.O. Box: 7815 West 4 to Avenue City, State, Zip: Hialeah, FL 33014 E-mail Address, ana@louspolice.com Internet Homepage Address: www.louspolice.com Phone Number: 305-416-0000 Toll free Number: 800-914-2677 Federal ID Number: 26-0472002 Remit Address: Same City, State, Zip, Same Company Name: Law Enforcement Supply Contact Name: Jon Sizemore Pa 663 of 1471 1,++_qAAn«AT 47,.!rvfio dq,c-om/huQ e ur 9/ --infrmation/s... -8/5/2016 iness overations/stat p chasin vendor o Contractors - Safariland / Contractors / Body Annor (Protective Vests) / State Terrn Contr... Page 3 °of 5 C)treet Address or P.O. Box: 5011-H W Hillsborough Avenue City, State, Zip'. Tampa, FL 3363 E-mail Address: isizemore @laws upplY.COM Internet Homepage Address:Lh�iefsu I �-COM. Phone Number: 813-885-7787 Toll free Number: 800-637-6307 ext 4617 Federal ID Number: 592656271 Remit Address: 8604 Cliff Cameron Drive, # 105 City, State, Zip: Charlotte, NC 28269 Company Name: Law Enforcement Supply Contact Name: Carmen Ferrando Street Address or P.O. Box: 6601 Lyons Road, Suite H3 city, State, Zip: Coconut Creek, FL 33073 E-mail Address: Car menfCcblawsupplY.COM Internet Homepage Address: www.chiefsupPlY-c0m Phone Number: 954-428-3776 , ext S203 Toll free Number: 800-637-6307 ext 5203 Federal ID Number: 592656271 Remit Address: 8604 Cliff Cameron Drive, 105 City, State, Zip: Charlotte, NC 28269 Company Name: Law Enforcement Supply Contact Name, Walt Hall Street Address or P.O. Box: 3009 Highway 77, Suite G City, State, Zip: Panama City, FL 32405 PagRASaf 1471 olperatio ns/state—Purchasing/vendor—information/S..- lu contractors - Safariland / Contractors / Body Armor (protective Vests) / to Term COntr... Page 4*of 5 E-mail Address: whall@lawsupply.cOm Internet Homepage Address: _Wwwchlefsu�� cOM Phone Number: 850-769-9678 Toll free Number: 800-637-6307 ext 4139 Federal ID Number: 592656271 Remit Address: 8604 Cliff Camerons Drive, * 105 City, State, Zip: Charlotte, NC 28269 Company Name: SSD International Inc. Contact Name: Christopher Akkawi Street Address or P.O. Box: 1349 S. Orange Blossom Trail City, State, Zip: Apoka,FL 32703 E-mail Address: sales@ssdinternationalinc.com Internet HoMepa Address: www.ssdinternabonalinc.com Phone Number: 407-739-6398 Toll free Number'. Federal ID Number: 90-0758259 Remit Address: 1349 S. orange Blossom Trail city, State, Zip: Apopka, FL 32703 Pagp 10-861�f 147, PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161406 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/12/16 TO: HPFI CIO TYLANDERS OFFICE 535 24TH STREET WEST PALM BEACH, FL SHIP TO: City of Boynton each SOL. CITY COMMISSION 33407 100 E. BO YNT ON BCV H BLD BOYNTON BEACH, L 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCL)REMEN'T SERVICM � .10. TOTAL 1562.9 .,110 ACCOUNT NO. PROJECT 001-1110-511.64-16 Page 666 of 1471 w9miam I I I I I I z F, i W H WW �H4 w Vi 1 1 w H H W4qnm I U wnz w n H -F -O0 H tv q MOW OOMOM a : (a 0 on 1 039 W M n N rt H nxop-mw i n 10 w 00 0 0 9 91 a 0 po H ka L" 0 H q H p H MU P- - 0 rr H va H 0 H H Oqq 01-3 0 174 z t4 I H q �l a 0 I CICH0 40 0 Ei I Ln Ln I O- - ID 0 (D - Iz 0 0 N rtm lij I t4 14 ww WM..3 HHU P -u I b§Erto uu 9J H WrtFBF+H 1 H H 0y i po �O L" OHO OLI : q HH 06 (D 1 t7l q F4 n UVU W rl x 0 P4 2�wo I mr Ol OONMH 0 ct A) 0 tj 0 N0 p rr 9 H 0 1 ct:x 0 1 m hj HHRH43 V n H rr m co HH p H tj tlq R Hctbipj M rj.. 1 0 m m : Hm 0 z kt-1 H a Fl .7H tu F4 Ml NH m pqm 0 ulagif-G3 W :j a Nuftlu I �D 0" ffm p H H 1 0 }Jw I t1i m Ok-30 I . H H W to til to 0 03 t�r M CO rd 0 M-- H Ul 0 Fh q tj F9 0 Fl LQ H H Pd H H O 0 1 F4 a 131 C4 N W m C4 i=I O vOw p1d, z 0 Ol 2 0 W t1i 1-3 w w I M 1 00 H H 1 PU H 0 0 H r N w 0 z w Ul 1 H Ca 0 y H 1 0 0 I d H I OH cP co a% z l 0 O l y Fa W In Ln (n H 0 CD 1 l9 0 PON Ht]o .4 tj w 0 6 ta 10 14 Ln W� iD 0 Page �6'9' of 1471 Date. 8115/2016 (W'!ITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $101,000 Requesting Department: City Manager Contact Person: Tim Howard lExplanation for Purchase: ended Vendor HPFI ID611lar Amount of Purchase $15,619.10 urce for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase Other Contract Number: 425-001-12-1 NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. I 117OT47 1001-1110-511-64-16 jApprovals: Department Head Purchasing Agent Asst City Manager City Manager 117CMUMPMEWMal Page 668 of 1471 Is a A"C* 211*:FDd".i7lm. dwil, 1� 5 31 E 1111:1, Contract Name: Office Furniture and Files Florida State Contract #: 425-001-12-1 Florida State Contract Term: March 03, 2016 — March 02, 2020 PRICE LIST: HPFI January 1, 2015 Price Book with Sticker to add 3.5% Effective January 1, 2016 DISCOUNTS FOR STATE AGENCY: $75,000 List 60% $75,001 - $200,000 List 61% $200,001 - $300,000 List 62% $300,001 - $500,000 List Upbadie on a IOD-Dj- job basis. 3 HIPPINGIDE LIVERY: FOB Destination — minimum order 500 lb. — Orders of less than 500 lb. will be assessed a minimum freight charge of $75.00 net added to invoice for dock delivery. Special freight/delivery requirements may require additional charges (non -dock deliveries, delivery appointments, Ordering Information: State agencies should direct orders to Servicing Dealer, see list below. Servicing Dealers should direct order with copy of state agencies order to: Name: Crystal Fowler Title: CSR, Resolution Specialist Street Address or P.O. Box: 1104 Bedford Street City, State, Zip: High Point, NC 27263 Email Address: C!ystalF@hpfi.com Phone Number., 800-447-3462 (Ext. 2239) Toll Free Number: 800-447-3462 Ordering Fax Number: 800-231-6784 Internet Address: www.hpom Federal ID Number: 56-0671724 Page 670 of 1471 Name: Crystal Fowler Title: Customer Service Representative Street Address: 1104 Bedford Street City, State, Zip: High Point, NC 27263 Email Address: CrystalF(W-hpfi.com Phone Number: 800-447-3462 (Ext. 22391 Toll Free Number: 800-447-3462 Ordering Fax Number: 800-231-6784 Internet Address: www.hofi.com Federal ID Number: 66-0671724 Accent Office Interiors Office Phone/Fax. 850-386-5201 / 850-386-1615 2108-3 Gilliam Lane Email Address: md@accentoffice.com Tallahassee, FL 32312 Contact Person: Mary Doug Wilgus www.accentoffice.com, Vendor Tax ID Number. 65-0352011-001 Advantage Office Products Office Phone/Fax: 904-737-0066 / 904-737-7580 8930 Westem Way, Suite 7 Email Address: vicmC&advantageoff-icepLoducts.com Jacksonville, FL 32257 Contact Person: Vic McGee www.advantageofficeproducts.com Vendor Tax ID Number: 59-2958184 Apex Office Products & Furniture Office Phone/Fax: 813-871-2010 / 813-875-9059 mi 5209 N. Howards Avenue Email Address: sevansftpexop.corn Tampa, FL 33603 Contact Person: Shannon Evans www,!RkLqp.com Vendor Tax ID Number., 59-2077388-00 Apricot Office Interiors Office Phone/Fax: 305-525-3700 / 305-517-3988 Office Furniture USA Email Address: basil.bernard@apricotos.corn 20401 NW 2 nd Avenue, Suite 220 Contact Person, Basil Bemard Miami Gardens, FL 33169 Vendor Tax ID Number, 59-2663744 Business Interiors, Inc. Offica Phone/Fax: 850-266-9266 / 850-469-1981 30 East Cedar, Street, Suite 101 Email Address: bpond@businessinteriors.com Pensacola, FL 32502 Contact Person: Brenda Pond Vendor Tax rD Number: 63-094300S Business Interiors by Staples �Ice PhonelFax: 954-744-31601954-744-3101 2305 SW 32nd Avenue Email Address: randy.rarnos@s Building L Contact Person: Randy Ramos Pembroke Park, FL 33023 Vendor Tax ID Number. F043390816 CBT Supply dba SMARTdesks Office Phae/Fax. 800-770-7042 / 800-770-7042 83 Jacobs Road Email Address: Hibernia, NJ 07866 Contact Pa,rson. Jeffery Korber www.smartdesks.com Vendor Tax ID Number" 52228506603 CHI Solutions Office Phone/Fax: 954-966-2166 / 954-966-21SS 3422 Griffin Road Email Address: Greg@chi-solutions.com Dania, FL 33312 Contact Person: Greg Bedusa Vendor Tax ID Number: 26-4-81-5793 Page 671 of 1471 Center Line Associates Office Phone/Fax. 850-362-0019 / 850-662-0888 88 Beal Parkway NW Email Address: Eddie(tbcenterlineassociates.com Suite B Contact Person: Ir Ft. Walton Beach, FL 32548 Vendor Tax ID Number: 26-1514034 Central Florida Office Plus / OFUSA Office Phone/Fax: 352-378-2S77 / 352-336-2079 112 N W 6th Street Email Address- wtciv@DcfaP.b z Gainesville, FL 32601 Contact Person: W. T. Chestnut AWL.cfop.biz Vendor Tax ID Number. 59-0980604 Commercial Design Services, Inc. Office Phone/rax: 863-393-9380 / 863-393-9395 4343 Frontage Road N. Email Address: LMovvrV@cdstampa.cqrn Lakeland, FL 33810-2809 Contact Person. Laurie Mowry www.cdstampa.com Vendor Tax ID Number: 59-2925127-001 Contract Office Solutions, Inc. Office Phone/Fax: 850-477-2340 / 850-477-2341 2425 Larkin Street, Suite B Email Address: d, of Pensacola, FL 32514 Contact Person: David Pearce Vendor Tax ID Number. 11-3833372 Corporate Interiors Office Phone/Fax: 727-539-7544 / 727-539-1262 12115 28"' Street N Email Address: mbhuller@the-cigroup.com St. Petersburg, FL 33716 Contact Person: Manny Bhuller www.the-clarouo.com Vendor Tax ID Number F59-775319 Decorators Office Furniture Etc. Office Phone/Fax: 813-241-8551 / 813-241-6883 2729 Adamo Drive Email Address: Lohnpdofetc.net Tampa, FL 33605 Contact Person, John Riesenburger www.dofetc.net Vendor Tax ID Number. 721551785 Executive Office Fumiture 7 Office Phone/ Fax: 850-224-9476 / 850-224-8768 1401 South Monroe Street Email Address: biettPeofinc.com Tallahassee, FL 32301 Contact Person: Bob Jett Vendor Tax ID Number: 59-1291629 FSI Consolidated Inc, dba FS1 Office Phone/Fax: 904-421-3899/ 904-398-0093 3653 Regent Blvd, Ste. 406 Email Address: GHume@fsiiax.com )acksonviJle, FL 32224 Contact Person. George Hume WWWArax,com Vendor Tax ID Number. 45-S452437 Florida Business Interiors of ice Phoneirax- 407-708-5907 / 407-805-9977 r 940 Williston Park Point Email Address: 4bowman*4fbi,corn Lake Mary, FL 32746 Contact Person. Denny Bowman www.4fbi.com Vendor Tax ID Number. S9-31511825-001 Freedman's Office Solutions Office Phone/ Fax. 813-875-7775 1813-739-0666 5035 W. Hillsborough Avenue Email Address: rpeacheyWreedmansonline.com Tamp., FL 33634 Contact Person. Robin Peachey www.freedmansonline.com Vendor Tax ID Number: 39-8013530862-0 venoo GLT Office Plus Office Phone/Fax: 863-686-1799 863-687-0816 2929 South Cornbee (Email Address: hLw1se2@jltofflcecom Lakeland, FL 33815 C tat Contact Person: Brenda Wise AAW.gltoffice.ccim Vendor Tax ID Number: 59-2193752 Gulf Coast Office Products Office Phone/Fax: 850-434-5588 / 850-434-5404 6020 Enterprise Drive Email Address: laurenh@gcop.com Pensacola, FL 32505 Contact Person: Lauren Hawley Vendor Tax ID Number. 27-8013095940-4 Page 672 of 1471 IFS Business Interiors office Phone/Fax: 850-536-0888 850-536-0890 629 West Brevard Street Email Address: ckearnev@ifsbi.com Tallahassee, Fl- 32304 Contact Person* Chris Kearney www.ifsbi.com Vendor Tax ID Number. 59-3522598 International Office & Residential Interiors, Inc. Office Phone/Fax: 888-518-1608 / 888-384-8945 3600 South Ocean Blvd. Email Address. sknightloi@att.net Suite 314 Contact Person: Susanna Knight Flagler Beach, FL 32136 Vendor Tax ID Number: 30-0690235 Interior Contract Services Office Phone/Fax: 407-294-4141 / 407-294-1477 3939 N. John Young Parkway Email Address: lweed@interiorcontract.com Suite 100 Contact Person: Larry Weed Orlando, FL 32804 Vendor Tax ID Number: 59-2343039 Leltz Office Products (MBE) Office Phone/Fax: SSO-271-2600 / 850-271-0076 P. 0. Box 35158 (Panama City, FL 32412-5158) Email Address: lie itzIR leltzofflg;ggLqductscorn 1119 Florida Avenue (Lynn Haven, FL 32+14) Contact Person: La Joyce Leitz www.leltzoffice2roducts.com Vendor Tax ID Number- 59-3078387 14arco Office Supply Office Phone/Fax: 239-775-7513 1239-775-2335 11222 Tamlarni Trail E Email Address: mospbmw@a Lcom Naples, FL 34113 Contact Person, Brett Watt Vendor Tax ID Number. 59-2153889 Meehans Office Products office Phone/Fax: 321-727-3600 / 321-727-3631 900 E. New Haven Avenue Email Address: design (5)nnee hans.corn Melbourne, FL 32901 Contact Person: Kathy Meehan Vendor Tax ID Number: 59-1143356-00IL,1 Office Phone/Fax: 352-62+3370/ 352-624-3303 27TJ71T[f 'PUP14 F Email Address: ftonngff Contact Person" Usa James, President Vendor Tax ID Number: 59-3311495 Office Phone/Fax. 352-332-1192 OEC Business Interiors Email Address. dwilterOgM.com 1601 N.W. S& Blvd. Contact Person: David Salter Gainesville, FL 32606 Vendor Tax ID Number: 59-2866517 Office Concepts and Furniture Design Contact Person: Kathy Meehan 118A NW 8th Avenue Vendor Tax ID Number: 59-1143356-001 Gainesville, Fl- 33601 Vendor Tax ID Number: 59-3486761-003 WWW.off!ceconcepts.com Vendor Tax ID Number: 59-3486761-003 Office Depot BSD Office Phone/Fax: 813-621-1389 1813-663-0214 1909 US Hwy 301 North, Suite 100 Email Address: KCouch@officedepQL.com Tampa, Fl- 33619 Contact Person: Sam Mason/John Riley/Kitiy Couch Vendor Tax ID Number: 59-2663954 Office Environments, Inc. Office Phone/Fax: 850-434-1165 / 850-43+1170 25 West Cedar Street, Suite 410 Email Address: 1coff k0officenvironments.com Pensacola, FL 32502 Contact Person, Jennifer Cook Vendor Tax ID Number. 63-1196513 Office Equipment Company Office Phone/Fax: 850-438-1100 / 850-432-0003 3914 N Davis Highway Email Address- slannb(ftecbi.com Pensacola, Fl- 32503 Contact Person: Sandy Lamb Vendor Tax ID Number: 63-0650162 Office Express Supply office Phone/Fax: 305-557-1667 / 305-824-9211 Emk Page 673 of 1471 4123 Arm Chair 24'W X 27 D X 33' H St. Yardage: 3.25 111 2 8 4 5 $ 7 8 10 L LL .£ J: Zone 1 819 941 1044 1102 1191 1228 1372 1463 1577 1791 2229 2521 Lt. 4 ' %} •Zone 2 M 955 10 1119 We 1246 1393 1495 16ai 18 fit 25,59 ,JZone 3 844 969 1075 1135 1227 1265 1413 1507 1624 1845 2296 2591 Freight Class: 250 •Padded arms • Buik-in lumbar support g a� , .. _ . Cubic Ft: 15 • Tufted seat and back • Seat: 19.75"W x 19'D x 19.25"H Non Tufted Option N/C NT Ship Weight: 30 4127 M anagernentVel 24' W X 27.5' D X 32-35' H St Yardage: 3.25 craft 1 2 34 5 B 7 8 9 10 L LL ®f �; ne1 1123 1 0 13 1406 1496 1531 1676 1768 11 2095 2 2714 Zone 2 1140 12AV IsS4 1427 1516 1554 1701 1795 1909 2126 2576 2735 Zone 3 1157 1277 1384 1448 1541 1577 1726 1821 1937 2159 2614 2795 • Tufted seat and back • Pneumatic seat -height • Padded arms adjustment Knee Tift Control 100.00 K • 5 -prong steel base with • Dual wheel casters Jury Base 315.00 JB hardwood caps . Seat: 19.759N x 19"D x 18• Non -Tufted Option N/C NT Standard swivel tilt 21.5'H Edge Guard 16.D0 E Freight Class: 250 Cubic Ft: 19 Self -Locking Casters 85.00 S Weight: 48 Braking Casters 30.00 B Ship Wei g Hard -Floor Casters 19.00 H Glides NIC GL 4141 ExeCLOve V 27'W X 31'D X 38.5.42' H St. Yardage: 4.25 3 4 5 6 7 a 9 10 L LL e.f°i g ne 1 1341 1509 165o 1719 1838 1885 1983 2079 2200 2350 2858 3310 Zone 21 1 1532 1675 1745 1866 19'13 2013 21,14 2385 1 0 Zone 3 1381 1554 1700 1771 1893 1942 2042 2141 2266 2421 2 0 Tufted seat and back • Pneumatic seat -height Knee Ti Control ` 100.00 K Fully upholstered, flared arms adjustment NT 5 -prong steel base with • Dual wheel casters Non Tufted Option hardwood caps - Seat: 19.5 "W x 19'D x 18-21.5"H Edge Guard 166.0.0 0 E Standard swivel tilt Freight Class: 150 Self -Lacking Casters 85.00 S Cubic Ft: 21 Braking Casters 30.00 B Hard -Ship Weight: 62 Glidesl®®r Casters 19.00 H S GL yiR. MEETS CAL 117-2013 366 ® SCOOP T 1 t7 L Page 674 of 1471 Scoop Traditional office seating from HPFi - High Point Furniture Industriz MAU= httv://www.hvfi.com/products_seating . office, scoop�_tradifional.php Page 675 of 1471 8/11/201 Alibrandi, Julianne From: Michelle Contois <michelle@tyIan der.com> Sent: Thursday, August 11, 2016 5:27 PM ® Alibrandi, Julianne Cc: Gary Acedo ® RE: REVISED QUOTE FOR MANAGEMENT CHAIRS Attachments: CITY OF BOYNTON BEACH MANGMNT CHAIR LEATHER 81116 QUOTE.pdf 0k. We have the wood samples shipping to Gary. As soon as he receives he can bring to you for final decisions. In the meantime here is where your quote is at. I have the leather in but we will need to add the wood colors. All wood colorz are the same price. Kindest regards, Michelle Contois Interior Designer Tyl2xleez #Xice Sol "-tio michelle(ci)-tylander.com Office 563.355.1529 Call 563.650.3408 From: Alibrandi, Julianne [maIIto:AIibrand1JAbbfl.us1 Sent: Thursday, August 11, 2016 2:01 PM To: Michelle Contois Cc: Gary Acedo 7.44�11 ILL MEMMMUM, We have leather samples that Gary provided last year. We do not have wood samples, so we would like to see a woom sample before we issue the purchase order. It should be a dark color stain that would complement the Chaps leather color. Julie Julianne ALibrandi Senior Buyer Financial Services City of Boynton Beach 143i E. q.*vTto7 YZA ............ Page 676 of 1471 lease be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida to p address munication and your e-mail may be subject ublic disclos V*4q i ic records. Therefore, your e-mail com Ulm From: Michelle Contols [ Sent: Thursday, August 11, 2016 2:09 PM To: Allbrandi, Julianne Cc: Gary Acedo Subject: RE: REVISED QUOTE FOR MANAGEMENT CHAIRS Julie I am revising the quote now. Gary wants you to see a sample of the leather before you order or do you already have samples you are looking at? I also need the wood color. You wanted the Leather color Chaps correct? if you di. not have a sample Gary will get you one. DO you have an idea of wood color? DO you need to see Samples? Are you matching other wood? Please advise. Kindest regards, Michelle Contois Interior Designer From: Michelle Contols Sent: Wednesday, August 10, 2016 5:53 PM To: brand!J@bbtl.us' Cc: Gary Acedo i !111 h If ready to order, please send your PO made out to: HPF1 cJo Tylander'Office Solutions, note the ship to Tylander'Office Solutions Warehouse: 535 20 Street, West Palm Beach, FIL 33407 and list Tylander as dealer of record. Please call with any questions or concerns. Kindest regards, Michelle Contois Intedor Designer From: Michelle Contols Sent: Wednesday, August 10, 2016 5:03 PM To: 'AlibrandD@bbfl.us' • Cc: Gary . Acedo 09. VIANAGEMENT-CHAWS Attached please find your revised quote to purchase 10 Management chairs. Please let me know how I can be of further assistance. Page 677 of 1471 Kindest Michelle Contois Interior Designer • *' ras►i 1 Page 678 of 1471 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161417 BOYNTON BEACH, FLORIDA 33426-0310 DATE: 08/22/16 SHIP TO: TO: ACHIEVE City of Boynton each FORTE INTERACTIVE INC CITY MANAGER OFFICE 313 DATURA ST., STE 300 100 E. BOYNTON BCH BLVD WEST PALM BEACH, FL 33401 BOYNTON BEACH, FL 33435 DEPARTMENT. CITY MANAGER/SW RE UI NO, 672-59 DATE NEEDED: 1310 NO: COMMIS-SfON APPROVED: LINE# QUANTITY UOM I ITEM NO. AND DESCRIPTION UNIT COST PROCUREMENT SE/BCE S, - 0 1 0 Page 679 of 1471 PURCHASING -n 0 0 z H rn H z z F3 psi H co I H E -P I I Eli LIIo c) Pq m 92 0 H 0�< 10 w ORO pa L� H OvHM H 0 q tjm H u MH 0 Z 0 w 412 H -3 H q00 m y w W 03 t4 M rA w to M w ED Rcl w F3 W tj x tj tj pd 'M' K) VW KM) H q 04 N 0 q M H � H 0 m 0 H 0 0 C) DU C3 cr% 02 Di D I m H Ln w a H ko A w Ln Obd o 0 -4 1 Ln Ln I -- '- :Page -16W of 1471 I QWL Requesting Department: City Manager/ Commur Contact Person: Sylvia Woods lRecommended Vendor Achieve I Dollar Amount of Purchase T12,495 Contract Number: NOTE: Pricing proposal fbr purchase must be presented in the same detail contained vvithin the contracL "*If it NJ Approvals: Page 681 of 1471 Knisell, Eleanor From: Cheryl Baldwin <cheryl@sweetboodesign.com> Sent: Thursday, August 04, 2016 12:07 PM To: Krusell, Eleanor Subject: Re: Request for Quote for Website Design Iffimi-I L bpUKt; IWO-LL IrUnIL-MU WeD aesign, whIcn. 1 (10, but tMS project will need someone with a different sicill set than I can provide. KW=TM. MIN U.&I _oIgs— Eli . ist; .4 rl n s i gn Cheryl Baldwin 0: 561-401-9461 561-678-7019 MR weetboodeslan.com The City of Boynton Beach is seeking a qualified and experienced firm to design an aesthetically pleasing website that will enhance the City's overall online presence, embrace transparency andimplement new technologies. The design should focus on incorporating engaging user experiences (both emotionally and intellectually) and lead audiences clearly through a decision-making process. The goal is to improve customer service and access. Page 682 of 1471 Kruself, Eleanor MEMO= ® Krusell, Eleanor Sent: Thursday, August 04, 2016 12:50 PM ® 'Ceci Dadisman' Subject. RE: Request for Quote for Website Design IM From: Cecl Dadisman [rnaiIto:cecldadisman@gmail.co Sent: Thursday, August 04, 2016 12:48 PM To: Krusell, Eleanor Subject: Re: Request for Quote for Website Design Dadisman 412.523.8861 www.cecidadisman.com President 1 11, ttwmm The City of Boynton Beach is seeking a qualified and experienced firm to design an aesthetically pleasing website that will enhance the City's overall online presence, embrace transparency and implement new technologies. The design should focus on incorporating engaging user experiences (both emotionally and 4tellectually) and lead audiences clearly through a decision-making process. The goal is to improve customer ;ervice and access. The City is committed to providing high accessibility to information and functionality on its website, encompassing design principles that accommodate users with varying physical abilities, educational achievements, cultural backgrounds, technical knowledge and limited access to technology. The website Page 683 of 1471 Krusell, Eleanor From: Amanda MacMaster <Amanda@ macmanclamedia.com > Sent: Wednesday, August 03, 2016 5:12 PM To: Krusell, Eleanor Subject: Re: Request for Quote for Website Design -L Mllakn�-JLIA; oP,#KMkLL Kee municipality websites to show as examples. Managing Director Facebook: /macmandarnedia Fnstagram: @macmandatnedia Twitter: @macmandamedia On Aug 3, 2016, at 5:07 PM, "Krusell, Eleanor" <KKqLe1lE@,bbfl.us> wrote: will enhance the Citysoverall online presence, embrace transparency and implement new technologies. The d- . .. orporating engaging user experiences (both emotionally and intellectually) and lead audiences clearly through a decision-making process. The goal is to improvecustomer service and access. The City is committed to providing high accessibility to information and functionality on its website, encompassing design principlesthat accommodate users with varying physical abilities, e clucational achievements, cultural backgrounds, technical knowledge and limited access to technology. The website must comply with, at a minimum, WCAG 2.0 AA. The easy -to - navigate designed site must useresponsive web design methods z-nsuring that website is fully "device/viewport/browser agnostic". The firm will: * Provide a minimum of three different conceptual designs incorporating design principles of balance, contrast, color, consistency, unity, look and feel, tone, functionality, usability, typography, special relationships, etc. - one will be chosen by the City to further develop if necessary. * Include elements such as, but not limited to: a search area populating most popular/trending searches, pop -ups (help, rate us, surveys, polls, opt -in newsletters, etc.), alert notifications (when necessary), online service box, calendar Page 684 of 1471 Kruself, Eleanor From* Krusell, Eleanor Sent: Wednesday, August 03, 2016 5:07 PM To: Ryan@wearewoo.com Cc: Krusell, Eleanor Subject: Request for Quote for Website Design will enhance the City's overall online presence, embrace transparency and implement new technologies. The design _qhould focus on incorporating engaging user experiences (both emotionally and intellectually) and lead audiences clearly through a decision-making process. The goal is to improve customer service and access. The City is committed to providing high accessibty to information and functionality on its website, encompassing design principles that accommodate users with varying physical abilities, educational achievements, cultural backgrounds, technical knowledge and limited access to technology. The website must comply with, at a A _-sa-tsiva web desig-ii weVrods e -f s *k NAM The firm will: 0 Provide a minimum of three different conceptual designs incorporating design principles of balance, contrast, color, consistency, unity, look and feel, tone, functionality, usability, typography, special relationships, etc. - one will be chosen by the City to further develop if necessary. & Include elements such as, but not limited to: a search area populating most popuWr/trending searches, pop -ups (help, rate us, surveys, polls, opt -in newsletters, etc.), alert notifications (when necessary), online service box, calendar (events, meetings and notices), call to actions, geo-location, social media integration, dashboard, forms, separate secured subpages, slides hows/photo-a lb u ms, weather, response web design, WCAG 2.0 AA and multiple language support. 0 Create a style guide. 0 Provide sitemap. 0 Provide wireframes. 0 Provide the mock-up into a working HTML/CSS for approval by City. The completion date of the design of a website must be September 30 20160 This Request for Quote is only for the design of the City's website. A Request for Quote for Phase 11, which will be released sometime after October 1, 2016, will include the development and deployment of a Drupal website (7.36 or higher). SUBMITTAL INFORMATION I Ir I "I] I I I It Page 685 of 1471 Krusell, Eleanor From: Krusell, Eleanor Sent: Wednesday, August 03, 2016 5:06 PM To: 'Glavona Williams' Cc: Krusell, Eleanor Subject- Request for Quote for Website Design YV0 0j • IF 117 M IMM i 0 should focus on incorporating engaging user experiences (both emotionally and intellectually) and lead audiences clearly through a decision-making process. The goal is to improve customer service and access. The City is committed to providing high accessibility to information and functionality on its WebSite, encompassing design principles that accommodate users with varying physical abilities, educational achievements, cultural backgrounds, technical knowledge and limited access to technology. The website must comply with, at a minimum, WCAG 2.0 AA. The easy -to -navigate designed site must use responsive web design methods ensuring thal website is fully "device/viewport/browser agnostic". The firm will: * Provide a minimum of three different conceptual designs incorporating design principles of balance, contrast, color, consistency, unity, look and feel, tone, functionality, usability, typography, special relationships, etc. - one will be chosen by the City to further develop if necessary. * include elements such as, but not limited to: a search area populating most popular/trending searches, pop -ups (help, rate us, surveys, polls, illt-in newsletters, etc.), alert notcations (when necessary), online service box, calendar (events, meetings and notices), call to actions, geo-location, social media integration, dashboard, forms, separate secured subpages, slideshows/photo-albums, weather, response web design, WCAG 2.0 AA and multiple language support. Create a style guide. Provide sitemap. Provide wireframes. Provide the mock-up into a working HTM L/CSS for approval by Citl This Request for Quote is only for the design of the City's website. A Request for Quote for Phase 11, which will be released sometime after October 1, 2016, will include the development and deployment of a Drupal website (7.36 or higher). SUBMITTAL INFORMATION The City is seeking a firm with demonstrated experience in public sector websites with a high volume (between 500,000 and 1,000,000 visitors on an annual basis). Please provide three municipal sites that your firm has designed. Page 686 of 1471 �L�ACf -F. 6, �WTI t- ool' J -21-Z vmc� E, Website Design Request for Quote Response August 10,, 2016 m LEARN MORE, DO MORE. C -H Request for Quote received on August 3, 2016. k1rjs Veauest for 0►... A►I I ! 111111, -A . wipm; ; - I ^ . ABOUT ACH I EVE * Headquartered in downtown West Palm Beach * Own and renovated historic downtown Halsey & Griffith Building * 20,000+ square foot high-tech office space * Recognized nationally, with a satellite office in Indianapolis Experienced: ® 1999: Forte founded * 2014: Forte interactive acquires Achieve * 2016: Forte,interactive acquires Big Couch Media Group * 2016: Company rebrands under Achieve * Today: Staff of 50+ experts in research, technology, creative, digital, and strategy Established: QNamed a top 25 website design and development company three years in a row by th(.- South Florida Business Journal 0 Leading Drupal focused web development agency in the Southeast region Named to Inc. 5000 fastest growing private companies in America two years in a row PROJECT OVERVIEW As nart o design an aesthetically pleasing website that will: Significantly enhance the City's overall online presence Ensur interact with the city digitally based on new technologies a Designed to leverage best practices in usability * Engagement * Simple and intuitive * Device agnostic -mobile first Goal of the new City of Boynton Beach website • Signcantly improve customer service and access for the community of The City of Boynton Beach • Provide ease of accessibility to information and functionality for diverse types of site users leveraging best practices in design and usability • Ensure that it complies with, at a minimum, WCAG 2.0 AA 1 4e 688 of 1471 Leverage responsive web design methods ensuring that website is fully "device/viewport/browser agnostic" DELIVERABLES Minimum of three difierent conceptual homepage and sample interior page designs incorporating design principles of balance, contrast, color, consistency, unity, look and fe tone, functionality, usability, typography, special relationships, etc. o City to select one mockup for further refinement E Includes up to 3 revisions I Mockups to include elements such as, but not limited to: a search area populating most popular/trending searches, pop -ups (help, rate us, surveys, polls, opt -in newsletters, etc.), alert notifications (when necessary), online service box, calendar (events, meetings and notices), call to actions, geo-location, social media integration, dashboard, forms, separate secured subpages, slideshows/photo-albums, weather, response web design, WCAG 2.0 AA and multiple language support. • Achieve will provide up to 10 interior page mockups including desktop, tablet, and mobile breakpoints • Includes up to 3 revisions Comprehensive style guide Sitemap Wireframes Clickable /working HTML/CSS for approval by City. 10=571 =,'rTF Project Planning Project Management Custom Website Design • Project Manager (1', • Designer (1) - Me REFERENCE SITES CC M#Url"14 . I aAWIJ&,.t4 COMPLETION DATE FEES FOR SERVICES Out of Scope/Additional Work ++ Costs d . I . - v a!lo3,-vTT credit will be applied to that project fee. 403 agee 690 of 1471 LEARN MORE. DO MORE. CHANGE MORE. Page 691 of 1471 PURCHASE OR BEACH, PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. #: 161424 P.O. BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/22/16 SHIP TO: TO: XYLEM WATER SOLUTIONS USA, INC City of Boynton Beach. 15132 PARK OF COMMERCE FAST UTILITY ADMIN BLVD, STE 102 124 E. WOOLBRIGHT ROAD JUPITER, FL 33478 BOYNTON BEACH, FL 33435 REOiUSITIO O. 67285 ORDERING OIEP RrME T: UTILITIES PUMPING HS DATENEEDED: WD NO, COMMS IO APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTIONIT COST COST 1 1.00 EA KIT, REPAIR BASIC 3153 1781.0000 1781.00 VENDOR ITEM NO.- 657 17 08 2 1.00 KA STATOR, 1872.0000 1872.00 VENDOR ITEM. NU:= 64:1.93;0 3 1.00 LEAD THROUGH :-UNI' 41.0000 41.00 VE?7DgEZ; IT .. NO,� = .734 ' S9 0} 4 1.00 CABLE. LB SIT 77.0000 77.00 V3Tt IT NO . 650 51 00 5 2.00 EA 3R °T, kBR 291D 520D 2.6 27.0000 54.00 7R: I'T'EM NO. 4 I O4;:,; 6 1.00 EA MSC ITEMS; MED.:PUMP TP 44-0000 44.00 TER IPYL8 , LUBES ,a. MV . 124DOR ITEM NO:.,; 1.4-69 00 24A 7 1.00 EA ENV FEE 11-5Dx:5:9.:,.aoa0. 59.00 kTNDOR ITEM;.. NO 14.69 00 21C 11.00 EA LABOR; SVC:FLYG.T NO. TAX Z4 -TP 9;0-:0 0:0 0 990.00 MODELS3000, 7000. 800 . V20bOR ITEM.NO.- 14-69.00 03A 1.00 EA KIT,REPAIRX7 . BASIC 34.53 8:1 0000 1781.00 OR:m:ITEM NO. - 10 O. -10 1.00EA LE'UNIT: '77.0000 77.00 Iti* NO.- 650' 51 00 sm 11 1.00 EA SENSOR', LEVEL FLS 10<i 274.0000 274.00 VENDOR" IT M. Nb:- 663 04 0',0 12 1.00 EA STATOR, 21 1p 4R 230, 460 ; 1872.0000 1872.00 VENDOR ITEM 'NO. 641:9305 13 1.00 EA LEAD -THROUGH UNIT 41.0000 41.00 VENDOR ITEM NO.- 734 59 00 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161424 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/22/16 DO I 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. WOOLBRIGHT ROAD WOYNTON BEACH, FL 33435 EXTENDED LI NE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST P . TOTAL 2.0056 � 00 PROCUREMENT SERVICES: LO . . . ...... . . .......... ACCOUNT NO. PROJECT 401-2816-536e46-51 Page 693 of 1471 Ramum fa + I HH I I Paz M 1 1IMO 11 Uu r I I w y y ica f] I C H }s (] 1 I H �] K) 0H Iro H co 1 Fj O I I H 01 y H I + ® H Ul 1 W 1 I � I 1 V7 I + y + H C I I H I H I H b i I H H I 1 Fy° y\ I + I r H 1 I H Hba 1 I H Zy I I I + vi z I [p tZj 1 1 H W 1 I H I 1 G] rn [Js p,. 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I Ln .. .. w 2 0 w z P4 K) H2M �d OD Cc 1 lu W L� 920 pu 03 go Ivww RR pu VJ goo bd gow gom gem vw vw oG "Mm uu N roHH x Ci d� to H P ci N 'a HC C� v H ED hd H H VH. ci 10 roH Cd vFq 0 LD HH RS pu H 2 9 tuHH HA VH> xam VHH Mdq wv to v M into rJ3 v n Mv into W hd PO to 10 tj Wv Mlvq M po w va r) rn m 001.1 I 031-1 R, 100,11 z 1z, UT 00 RI POW pow H 90 H 2z tv Hl- I& R 'a H RZ v H H VHUI 04W vHq RZ9 V H VHW !4 �UHO zu 2 v H z 9 H �z to-� FH` t H Ln c! q H H w H 3 (h H Fa 0 H H HH H J-3 q R Hat gt4w q C 0 Rl 0 v R� N a R,� vvvwm P P M kd lvouv R, H H 10 �9 & > 0 L- > 14 0t+1 0 Pd n M O;a n W Opa� 0 w 0 w Obi W OWH O;u n tv 0 w 0M PO 0 W 0 PU 0 n 10 W U W; M W; 03 LO W M U www w z W; 0 W U W; w U3 U w ED 1-4 0 PU w H Ow M, H ow WH ox MH OPd MH 0 PU 0 MH Ow MHH Ow� U3 H Ow U2 H 0 PU W 0 Pi Ow H W HW �d H W pa H M �0 H w pa H M w tj H to M w H M Pd F1 M M pa H U3 w HU] 0 H to pu HM 0 �d w HW w ba W W M N rn M bi M Z vi M M �v DI LIJ t7l M w CQ mm M W DJ W, M w W M MW Ca M M Lid W < < W C� ® < W 004 OD w zM CD PU N to H 0 M > Pd Pd H H in C) 0 0 0 C) 0 0 0 z W 0L�54 0 H Li :v V CD oa rp 0 H H 0 F' ka Ln co -3 13 M W 0 z �O rP .a (D C3 0 0 0 0 0 C3 0 0 0 0 0 C3 0 0 0 0 Ln H M 0 0 0 C) 0 0 0 0 0 0 0 0 a 0 0 0 0 EQ H F3 p M co L" C5 0 0 0 0 H w r. ca 0 co F' ko UT IN Ul M tq H 0 H '0 0 0 0 L, 0 0 CD 0 0 O C3 0 0 Da CD 03Z M 0 0 0 0 0 0 0 a h3 r-I M O a Qi 61 (n in M uq F' H 1-1 A co 0p ul E. Lrl W eP (n M w Ln %D kD ui Ur to LD W w Ul Ln 0 F. a 0 07 a H io w aPd 0 0 0 Ln 0 0 0 0 0 cc 0 6 C9 gh C) V 0 M 0 C) In W > ta C) H Pagd,696 of 1471 Date: 19 -Aug -1 6 MIM" Requesting Department: Utilities/Wastewater Pui Contact Person: Jim Hari itxplanation for Purchase: rwo (2) 20hp pumps need to be repaired at Lift Station #511 after being struck by lightning. Purnp 141 has a burnt stator due to the strike. Pump #2 has a burnt stator due to strike. The cooling jacket and flow diffuser are under a 100% warranty. J�Recoznmended Vendor xviern Water Solutions USA, Inc. — ------- -I p materials). GSA PRIDEIRESPECT Sole Source KJ Budgeted Item Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase. 401-2816-536-46-51 1 RA11411111RIMAMMMINIMM Page 697 of 1471 REQUE ST FOR REQUISITION ]REAS ON FOR PURCHASE: Repair of (2) 20 Hp pumps for Lift Station # 511 that were h by lightnin& VENDOR INFORMATION: DIVISION- OTHER INFORMATION: Name: xylem Water Solutions, Inc, FLYGT AT 7)_DateNeeded: Date: 8/19/2016 ASAP (X _Xd_dr_ess_-1_73_010_'r'Street _W Construction ( 9/282016 ConfirM Riviera Beach, Fl 33404 Cost. ReL ASAP/Conf. 1 Distribution BACKUP DOCS, DELIVERY: —(contact)-: SUBMITT ED: --Clint Rueff Pone h Water Qual. QuotesNerbal E. Admin. 40 (X (over $500 561-848-1200 Pumping (x Quotes/Wifften (x) E. 'TP 41 aver 20ti Vendor Number: 3876 Pr° t, Did Does, 42 Meter Serv. Sole Source Ltr. (x PAJ MTIATOR: Jim Hart J'm nar' Sewage Insurance tpecial —Instructions: e beets: APPROVED: strmwtr, SNAPs/GSA/Piggy-back Project Number: Quan.'t Ce nes art Number Descri �on a Fund Basic Elem b Amount 1781.00 Kit, repair basic 3153 _gt 1781.00 ea I 41,00 e Lead -through unit 41.00 1872.00 Stator, 21-18-4A 230/460V 1872.00 ea _77.00 ea Cable Unit — 77.00 ea Grommet, NBR 231D 520D 26L 700— 54.00 44.00 ea Mat'l., Lubes, Solvents -Med. Pumps 44.00 X0_.00ea Labor, Service -West Palm Beach _990.00 Page 698 of 1471 Page 699 of 1471 _59_.00ea Environmental Fee 11 -50Hp No Tax Ip No T 59-00 59.00 IIE Pump # I Sub -Total 91 ot. E4918.�00 4918.00 T58-170-0 Kit, repair basic 3153 , '. " 1781.00 ea —6 _00 Jacket, cooling alum coated 0.00 _T_ I.-00 Diffuser, flow SS coated 0.00 1 77.00 ea Cable Unit 77.00 -'27-4.00ea Sensor, level FLS -10 274.00 1 _T872 0-0 Stator, 21-184A 230/460V 1872.00 ea _00ea Lead -through umt 41.00 I _4_4.00ea Mat'l.,Lubes,Solvents-Med, Puinps------ _44.00 1 59.0 —ea Enviromnental Fee 11-50 No Tax 59.00 _1_17X0_.00ea Labor, SVC Fly gtNo tax Z4 -TP 0,00 Models 3000,7000,8000 Pwnp # 2 Sub -total 5138.00 _ _4_6_ TOTAL 1 2816 536 -3 —1 _10_,05 —6.00 Page 699 of 1471 The City of Boynton Beach R T T 1 '00 Pj $ Phone (561) 742-6400 FAX (561 742-62Y8 FlysYro—DU11APHA vo QUOTATIONS © REQUESTED: Repair pumps at LS 511 after being hit by lightning VENDOR #3: DATE: �#' I r IT -f 11 YJW I T# —','7 1 —tji 111 NTdim 7 N D SEND T PLJRCHASING »df© Page 700 of 1471 Xylem Water Solutions USA, Inc . xylem Flygt Products Estimate *P,2016-WEP-0228. Tag #: 12478 a 'k JobName., d AfP-V 11.T S/ Page I of 5 P I A Company Name: CITY OF BOYNTON BEACH Contact: JAMES HART Address PO BOX 310 Telephone: Telephone: Fax: lZallykificeffill RM Product Number: 31531850123 Serial Number: 3153.785-1460078 Impeller Code: 0462 HP: 20 Volts: 460 Phases: 3 Inspected By. Rodneyjessurun Motor Data, Wire Configuration: Ul: VI: Wl - Megger to ground: R B W Sensors: Resistance through cable: RB RW BW E-71 FLS Stator Condition: Unusable E3 CLS Shaft Condition: Good KLIX Oil Condition: Unusable Bearing Inspection Plugs: 0 Cable Hydraulic: Impeller/Propeller Condition: Good Cable Condition: Good Volute Condition: Good Cable Length. Hydraulic Type: N Flygt Products 15132 Park of Commerce Bbd. Suite 102, Jupiter FL 33478 �w PH: (561) 848-1200 a xylem brand FX (561) 848-1299 Page 701 of 14 Estimate #* R2016-WEP-0222 Tag * 12478 jobName, installation Type: P Discharge Size: El MFV 7_1 75 STATOR BURNT DUO DEAD SHORT FROM A LIGHTNING STRIKE Xylem Water Solutions USA, Inc. Flygt Products =lM R h M Qty % 7: Sell Price Total Price 1 14-69 00 240 MISC ITE MS,MEDIUM PUMPS TP $44.00 Parts: MATERIALS, WBES,SOLVENTS, ETC Qtv PartNo Description Sell Price Total Price 1 6571708 IRB ASIC 3153 $1,781.00 $1,781.00 1 641 9305 STATOR,21-18-4A 230/460V $1,872.00 $1,872.00 1 7345900 LEAD -THROUGH UNIT $41.00 $41.00 1 65051 00 CABLE UNIT $77.00 $77.00 2 941804 GRR 291D 520D 26L $27.00 $54.00 Total Price $3,825.00 Part No Description Sell Price Total Price 1 14-69 00 240 MISC ITE MS,MEDIUM PUMPS TP $44.00 $44.00 MATERIALS, WBES,SOLVENTS, ETC 1 14-69 00 27 C ENV FEE I 1-0 NO TAX TP ENVIRONMENTAL $59.00 $59.00 FEE 11 14-69 00 03A LABOR,SVC FLYGT,NO TAX Z4 -TP MODELS: $90.00 $990-00 3000, 7000,8000 Total Price $1,093.00 Flygt Products xy, itern, 15 132 Park Of Commerce Blvd. Suite 102, Jupiter FL 33478 PH: (561) 848-1200 FX (561) 848-1299 a xylem brand Page 702 of 1471 Xylem Water Solutions USA, Inc. xytemFly gt Products PRODUCT REPAIR / SERVICE ESTIMATE Estimate *: R2016-WEP-0228 Date: 8/19/2016 Page 3 of 5 Tag *: 12478 ,o m: • E . r WIL Product Number: Estimated Delivery: Weeks Cost of New Unit: Descri ption: k 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: Th� 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. Flygt Products 15132 Park Of Commerce Blvd. Suite 102, Jupiter FL 33478 PH: (561) 848-1200 FX (561) 848-1299 Page 703 of 1471 Page Estimate 1 - Date., 8/19/2016 1 Of Tag M 12477 FA jobName� R T Contact: JAMES company e: CITY OF BOYNTON Telephone: Address PO BOX 31 Telephone: •Is an estimate prepared/ ,g im 061 Serial Number, 3153-185-1410152 ProductNumber: 31531850123 Model: 3153 Impeller Code: 0462 HP: 20 ,0 Phases: 3 Hydraulic: Rl,- 3 Condition:Resistance through cable: RB RW 6 Stator Condition:Shaft Good oil Condition-. Unusable inspection voluteImpeller/ Propeller Condition: Good / f R •! E3 Cable Cable Condition: Good Cable + Flygt Products 15132 Park Of Commerce Blvd. Suite 102, luplter FL 33478 PH: (561) 848-1200 FX: (561) 848-1299 tri braryj Page 704 of 1471 d A �tl. I WO 9ev inspected 8y: Wire Configuration: 1.11: V1: WI: Motor Data: Hydraulic: Rl,- 3 Condition:Resistance through cable: RB RW 6 Stator Condition:Shaft Good oil Condition-. Unusable inspection voluteImpeller/ Propeller Condition: Good / f R •! E3 Cable Cable Condition: Good Cable + Flygt Products 15132 Park Of Commerce Blvd. Suite 102, luplter FL 33478 PH: (561) 848-1200 FX: (561) 848-1299 tri braryj Page 704 of 1471 16 - Date: 811 /2016 Page 2 of S sl Ip,20WEP-0229 TmL9 Ilk 12477 jobNarne, installation Type - Discharge Size: 4n Primary Requirement: Stator dry burn ■ ERMEEENG STRIKE. COOUNG JACKET AND FLOW DIFFUSER 100% -7 7- 77"; Parts: Sell Price Total Price Qty PartNo Description $1,781-00 $1,781-00 1 6571708 K)T,REPAIR BASIC 3153 $0.00 $0.00 1 608 13 01 ,SACK ET,COOLING ALUM COATED $0.00 $0.00 1 6081401 DIFFUSER,FLOW Ss COATED $77.00 $77.00 1 65051 00 CABLE UNIT $274-00 $274-00 663 04 00 SENSOR,LEVEL FLS -1 0 $1,872.00 $1,872.00 641 9305 STAT ,21--1-°4A 230/460V $41.00 $41-00 7345900 LEAD -THROUGH UNIT $4,045-00 Total Price Labor and her Charges: Sell Price Total- Price MY PartNo Description MISC. ITEMS,MEDIUM PUMPS TP $44.00 $44.00 1 14-69 00 24A MATERIALS, LUBES,SOLVENTSETC $59-00 $59-00 1 14-69 00 21 C ENV FEE 11 -50HP NOT TP ENVIRONMENTAL 14-69 00 03A FEE MODELS: LABOR,SVC FLYGT,NO TAX z4 -TP $90-00 $990.00 3000, 7000,8040 Fly9t Products�W- 15132 park of commerce Bivd. suite 102, Jupiter FL 33478 PH: (561) 848-1200 a*embmrd X. I S -M, ly— FX: (561) 848-1299 Page 705 of 1471 6 4 FStjMate #. R2()16-WEP-0229 Tag *-, 12477 jobName' ♦ 7 Estimated Delivery: Weeks Product Number: Cost of New Unit: Description: may e identified d♦repairuring service, the total cost of your Please note: if additional repair requirements ar 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 (go) -days. Terms of Payment: Net 45 Days Warranty: Parts used for this repair carry a 12 month warranty. ice, the total cost of your repair may Please note: if additional repair requirements are identified during sery change. Should this occur, we AVIII contact you for approval before proceeding. Flygt Products 15132 Park Of Commerce Blvd. Suite 102, Jupiter Fl- 33478 PH: (561)-848-1200 FX: (561) 84s -I 299 a xyiem brand Page 706 of 1471 Xylem WatOrSOluflOns USA Inc. Flt Producft iem 16132 F%rk of Commeme Blvd. XY Suite 102 Jupiter, FL 33478 TO (561) 848-1200 Fe -c. (561) 848-1299 TIAMOM James Hart City of Boynton Beach 124 E. Woolbright Rd - Cf f'f Subject: FLyGT PRODUCTS — SALES & SERV'CE r3lease be advised that Xylem Water Solutions USA Inc - owns the Flygt Corporation aig is the only authorized vendor for FlYgt Products and OEM parts. Xylern is also the o he on in the State of Florida; (Fast of t nil authorized service repair and warranty organIzati original Apalachicola River), Our staff is property trained to provide You with equipment, spare parts, repairs and warranty service. Thank you for -your interest in Xylem Water Solutions USA Inc. Please feel ftec to contact me if you have any questions regarding distribution or any other matter. Xylem Water Solutions USA, Inc. Brian Stengle Branch Manager, Jupiter, FL Page 707 of 1471 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161425 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/22/16 0�• ` TO: FICE DESIGN FL INT'L CONSULTING ENGRS 100 E LINTON BLVD SUITE 200A DELRAY BEACH, FL 33483 SHIP TO: City of Boynton Beach EAST UTILITY ADMIN 124 E. WOOLBRIGHT ROAD MOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM IT NO. AND DESCRIPTION UNIT COST COST 1 22220.00 DL WELL #8 FEEDER RESTORATION 1.0000 22220.00 REMARKS., REPLACEMENT : 0'-F. 13 .�2V" l?,tEDER.]':':!.BETWEE.NWELL #7 & PROCUREMENTSERVICES: L: 2222 01 j �0 'Y" ih--�P- T-0 ------TA ------------- ------- 0. 0 ACCOUNT NO. PROJECT 403-5000-533.65-02 WTR021 Page 708 of 1471 PURCHASING ^e 6; w F w e 1 I • H I I H I 1 H I CQ I Stl H (] I I ° H H C3 t�W G2w 1i 0 w OR 1 i H 3 H H 0 h.$M Q V!. m Ln 1 w'• Nw I pug I C4 86A m 1 1 L" q3V N 1 I H 1 t pa hJ 1 U] C7 I Q 1 0 j ± 40 Q z H to t,6� m I 129 Fj (f9 1 H 1 I 1 �] Pd 1 1 Q 1 H 1 i I I H CP! ! 1 tit r'� atl I I 1 1to(j} H p 01 ON tri I D 1ID hj i � �C m 1 0 Ca]In H .. rd I H :E q z Q Q Di r0 01 IS 00 m z H 1 H I y K z I ! W 1 I I 1 w H Q M I I j 0 1 CI t}9 W 0 OI 10 FA t R I 1 tt1 H tf9 N• 1 1 t9 1 1 z P) ! W 1 I tJ LtS 1 F 9 bi r b 1 r9 Wpj v Q 1 Q (] Q I Q Q 1 i 1 1 I I 1 1 1 ! 1 1 1 1 1 1 ! 1 ! I 1 I I I 1 1 I 1 i H I 1 I I 1 , 1 f t3 co 1 0 �4 1PC Ri 1 au µr hi W WI 00 Q ' 1 I Q Q h3 I I l 1 1 1 O I I D9 co 1 I Ci co Page 709 of 1471 k Requesting Department: - Contact Person: Explanation for fi Utilities would ,� power to Well #8, which has been inactive for quite sometime. may bt-with thekelectricalm Well General Consulting lengineers that we have on contract ;electrical engineers on staff locally. i 1, Recommended end Dollar Amount ; " , Purchase q 0 backup.00 tris s S PRIDE/RESPECT Sole Source Budgeted !tern Other EX Contract r: See Above NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Z 11,11r1111,11, Department Head v t� M Page 710 of 1471 REQUEST FOR REQUISITION e°, . ENTRY DATE: 1 8/8/2016 Director: Citi Manager (nor caDital and/or 1500 r3.2kV feeder to Well # 8. Well #8 has been inactive, the feeder from well #7 to well #9 was hit by rstrike.The engineering design support wfil analyze and test the electrical feeder from Well #7 to Well #8 to p -i —restoration ose s FICE Design Project # 1013201.02 , OTHER JNFORMATION. k - - —Designs_ h AFloridaInternational - 4 ---- f n� Desi#.. 1 t Address: 100 E. Linton Blvd., Suite 200A Date Needed: confirm. Delray Beach, Flork a 33483 r SUBMUTED. -... QuotesNerbal E. Admin 40 --- ___.----- --- __. ---- ----- -- r-- --- ----- --- -- ---- `-- Quotes/Written -. E. 41 - --- (over Bid Docs. _` WI? INITIATOR:----- Urena, Associnsurance Special Instructions: k=- kk 4� :. --- ---- ----- ----- No additional quote needed Page 711 of 1471 DESIGN Dwra"hm Wd consuftl; DATA., Moy 20,2016 ZLQ4_ECT- Replacement of 13.2V Feeder Between Well #7 & Well #8 City of Boynton Beach Address: 100 E. Boynton Beach Blvd P.O. Box 310 Boynton Beach, FL 33425 3 phases. See also Exhibit 1, Scope ofSerylca and Schedule. L0_MPEN-YAT10N. See also Exhibit 2� Fees. Any additional services will be provided as mutually agreef and in accordance with the fees in Exhibit 3. JGt&Vr-N, VAIPPAJO, 3t;11t;UL1CSj or Omer M3711111clits wilmit are provided witb and hereby Incorporated. This AGREEMENT supersedes all prior agreements and understandings between the parties and may only be changed by a written amendment signed by both parties. Any terms contained in any order or written notification from the OWNER or its representatives shall not apply to this AGREEMENT. This AGRE EMEJVJ' shall not be deemed accepted until it is executed and returned to FICE DESIGN with any required retainer fees, or, until services have commenced. If not accepted within 30 days, this proposal will be considered void at the discretion of FICE DESIGN. OWNER FICE D I Signature: Signa rire71 Nente (print): Name Title: Title: V. PRESIDENT Date: Date: Florida International Consulting Engine= Design, Inc IGO E. Linton Blvd., Suits 200A, Delray Beach, FL 33483 ® T 581-278-9 9 - R 561-278-9925 Page 712 of 1471 DESIGN Engineedno and Consuffina I. Authorization to Proceed. Execution of this AGREEMENT or a written work order by CLIENVOWNER, or, commencement of the services, will be authorization for FICE top and acceptance of the terms and conditions of this AGREEMENT by CIAENTIOWNER. Unless otherwise agreed by the parties, FICE will not be required to commence performance of its services until the CLIENVOWNER has executed this AGREEMENT and FICE has received the initial payment provided in Paragraph I I "Fee Payment Structure" below. 2. Rater. Services shall be provided in accordance with the rato(s) and fees stated in the Exhibits attached and Incorporated as part of this AGREEMENT. Unless otherwise agreed, a retainer of thirty PERCEWI'(30%) is due upon execution or this AGREEMENT and shall be applied to the final invoice for services performed. 3. Additional Service/Change(s). Any additional services and/or change(s) will be provided as mutually agreed by the parties as confirmed in writing and in accordance with FICE's standard fees. Additional services shall include (a) any services oufolde the Scope of Services and schedule far perfGnnmce as defined in the attached exhibit and/or (b) any changes requested after acceptance of the scheduled submittal of drawings or other deliverables. Upon submission of these draivings and/or deli bier, CLIENT/OWNER shall have ten (10) days to review and provide comments to FICE. Unless comments are provided within this time, or as otherwise agreW by the parties, the drawings and/or deliverables will be deemed accepted. Any changes after this date shall be considered additional services. At any time, the CLIENTIOWNER may make or approve changes within the goneml Scope of Services and thi parties acknowledge that such changes may cause an increase or decrease in the costs or time for Wormance. FICE shall not commence work related to additional sexvices or changes prior to written confirmation. 4, Expenses. When services are performed on a cost reimbursement basis, a markup of 10% percent will be applied to expenses. "Expenses" include those necessary costs and charges incurred for the Project including, but not limited to: (1) the direct costs of transportation, meals, lodging, mail, shipping, equipment, and supplies; (2) FICF's current standard ratt, charges for direct use of its vehicles, printing and reproduction services, and certain field equipment, (3) FICE's standard project charges far computing systems, special health mid safety requirements of OS11A, and telecommunications services; and (4) any other direct costs incurred in the pedbraiance of the services. t S. Taxes. All sales, use, value added, business transfer, gross receipts, or other similar taxes (except for amounts owed by FICF for income taxes) will be added to FICE's Compensation when invoicing CLIENTIO WNER. G. Permits/Cogs. CLIENT/OWNER shall provide, or cause to be provided, at no cost to FICE, the following: (a) all permits, inspections, studies, or any other requirement of a government or other entity with regard to the construction of the Project and/or the property on which the Project is located; and (b) the results of any permit applications, inspections, studie-% or other legal requirements such as title searchas. All costs or expenses incurred by FICE with regard topermits, inspections, studies, or any other requirement of a government or other entity with regard to the construction of the Project and/or the property on which the Project is located will be added to FICE's compensation when invoicing CLIENT/OWNER. FICE may rely on the accuracy and veracity of any such information and/or data so provided without independent verification. 7. Cost Opinions/Estimates. Any cost opinions or economic evaluations with regard to the Project provided by FICE are based on experience and judgment. FICE does NOT warrant that bids, actual construction cost(s), or the Project's economics will reflect those opinions as FICE has no control over market conditions or bidding procedures. Any estimates of construction cost(s) or other cost opinions provided by FICE are for general Info tion only and FICE does not guarantee the accuracy of such estimates when compared to bids or project construction cost. 8. Standard of Care. The standard of cam applicable to FICIR's services will be the degree of skill normally employed by professional engineers or consultants performing the same or similar services at the time FICE's services am performed. For any breach of this warranty or the specifications included in the Scope of Services due to FICE's failure to perform or the quality of its services, the CLIENVOYVNER's sole and exclusive remedy shall be for FICH to re -perform any services not meeting this standard without additional compensation. If unable to do so within a reasonable time,, FJCF will reimburse the CLIENT/OWNER the amounts paid attributable to the services at issue. In no event shall FICE be responsible for the sets or omission of other parties engaged by CLIENT/OWNER nor for their construction means, methods, tcchniquerh sequences, or procedures, or the health and safety Page 713 of 1471 DESIGN IngIneedng and ConsvItIng precautions and programs, including compliance with OSHA, environmental regulations, and similar federal, state, and local laws and regulations, at the Project's site. (a) Either party may terminate this AGREEMENT for convenience on thirty (30) days prior written notice or if either patty fails substantially to perform through no fault of the other and does not commcnce correction of such nonperformance within 5 days of written notice and diligently complete the correction thereafter. On termination, FICE will be paid for all authorized work performed up to the termination date. (b) Notwithstanding the provisions of Paragraph 9 (a) above, should CLIENTIO WNER fail to make payment on a timely basis, and should such failure continue for seven (7) days after FICE has delivered written notice to CLIENTIOWNER of its failure to make payment, FICE may laminate this Agreement, and upon termination pursuant to this Par"ph 9 (b), shall be entitled to payment for all services performed and expenses incurred up to the termination date. 10. Payment to FICE. Unless otherwise specified in this AGREEMENT, FICE will issue monthly invoices for services performed under this AGREEMENT. CL TIO shall pay each invoice upon receipt. If an invoice is not paid within thirty (30) days or its date, interest on all past due amounts shall accrue at the rate of 1.5% per month, or the rate allowed by low, whichever is less. Payments which are not received within thirty (30) calendar days from the date of invoice shall be considered sufficient cause for FICE to discontinue performing and providing services until payment in Ibli is received, In the event any portion or all of an account remains unpaid ninety (90) days after billing, FICE may, without waiving any claim or right against the CLIH NTIOWNER ARCHITECT and/or Owner, terminate the Agreement and all costs of collection including reasonable attorney's fees, court costs, and expenses associated with the collection of FICE's fees shall be paid, lllmlllllz�� A. Fees. The fees shall be paid in the amounts indicated in Exhibit 2 Fem. B. Early Termination Fee. If prior to the completion of FICE's services, CLIENT/OWNER should transfer the Project or a controlling interest in the project to a third party, or, should the Project be terminated for any reason, CLIENTIOWNER "I] thereupon pay to MCF a Termination Fee equal to the lesser of actual cost or the balance of the fees remaining to be paid as of the date of such transfbr ort ination. C. No Offiets. Payments to FICE shall not be withheld, postponed or made contingent on the construction, completion, or success of the Project or upon receipt by the CLIENT/OWNFR and/or Owner of offsetting reimbursement or credit from other parties causing additional services or expenses. No withholdings, deductions, or offsets shall be made from FICF's compensation for any reason unless FICE has been found to be legally liable for such amounts. 12. CLIMTIOWNERIS RESPONSIBIL]ITIES. CLIENT/OWNER shall do, or cause the following to be done. (1) provide FICE in writing, all information related to CLIENTIO WNER's requirements for the Project which are relevant to the services to be provided by FICE. (2) correctly identify to FICE, the location of subsurface structures, such as pipes, tanks, cables, and utilities; (3) notify FICE of any potential hazffdous substances or other health and safety hazards or conditions known to CLIENTIOWNER to exist on or near the Project site; (4) give FICE prompt written notice of any suspected deficiency in the services provided by FICE or others for the Project; and (5) with reasonable promptness, provide required approvals and decisions. In the event that FICE is requested by the CLIENT/OWNER, or is required by subpoena to produce documents or give testimony in any action or proceeding to which CLIENTIOWNER is a party and FICE is not aparty. CLIENTIOWNER shall pay FICH, or cause FICE to be paid, for any time and expenses required in connection therewith, including reasonable attorney's fees. 13. Limitation of Liability. FICE's liability, and that of its affiliates, successors, directors, agents, employees, or sub consultants, for CLIENTIOWNER's damages, or any third party claiming through CHENVOWNER, will, in the aggregate, not exceed $50,000. This provision takes precedence over any conflicting provision in this AQRFFMHNT or any document incorporated by reference. This limitation of liability will apply whether FICE's liability arises under breach of contract or warranty; tort, including negligence; strict liability; statutory liability-, or any other muse of action, and shall include FICE's officers, affiliated corporations, employers, and subcontractors. ".140 Page 714 of 1471 llS 5 ADVISED OF, OROTHF.RWISE SHOULD HAVE BEEN AWARE OFT POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD ]PARTY. 14, Owner's Representative- CI.IFNl,/OWNER shall designate a project manager to act as the representative with respect to The services to be performed by FICE. With regard to MCK ERs shall interpret and define, all issues related to the Project. If no Person is designated in writing by CLI /O FICE will assume the individual signing ibis AGREENERqT has authority to act as CLIFNVOWNERIS rep resentative° 15. Sbop Drawings/Sample Review. When retained by the CLIENTIOWNER to raview shop drawing(s) and sallnple(s) as part of its scope of Services, FICE's responsibilities are limited to review for conformance with gericral design concepts as required in the contract documents. Specifically excluded from FICE's services are reviews of dimensions, quantities, sizes, and construction details, completeness of drawings, and means or materials used in fabrication or installation. 16. OwnershiptUse of Documents. Drawings, specifications, and electronic data files produced by FICE am instruments of service which are and shall remain the property of FICE., whether the Project for which they made is executed or not. The CLI TIO "I am be permitted to retain Copies, including reproducible copies, Of drawings, specifications, and hard copies of electronic data files for information and rcncc in connection with the use and occupancy of the Project. The drawings and speelfications shall not be used by the CLIENT/OWNER on other projects, for additions to the Project, or for completion of the Project by others except by the parties' prior written agreement and with appropriate compensation to FICE. 17. insurance. Each of the parties shall procure and maintain insurance in commercially reasonable amounts for any claims arising under worker's compensation acts, claims related to bodily injury of any pel-soli or dainages to real or personal property, or professional liability. Each party shall indemnify, defend, and hold harmless the other for any claim damage, liability, or cost (including rcasonable attorneys' fm and costs of defense) arising from or in relation to this AGRESMEN,r or the Project, 10 the extent caused by the indemnifying party's negligent acts or omissions or will rill misconduct. 19. Defects in Service. The CLI ENTIO WNER shall promptly report 10 FICE any defects or suspected defects in FICE's work or services of which the CLIENT/OWNER becomes aware, so that FICE may take measures to minimize the consequences of such a defect. The CLIEoNT/OWNER wartmnts that he will impose a similar notification requirement on the Owner and all contractors in its contract(&) for the Project and shall require all subcontracts at any level to contain a like requirement. Failure by the CLI ENT/OWNER, and/or their contractors or subcontractors to notify FICE shall relieve FICE of the costs of remedying the defects above the sum such remedy would have cost had prompt notification been given. 20. Unauthorized Changes. In the event the CLIENTIOWNER consents to, allows, authorizes, or approves of changes to any plans, specifications, or other construction documents, and then changes am not approved in writing by FICE, the CLIENTIOVMR recognizes that such changes and the results thereof are not the responsibility of FICE. Therefore, CLIENTIOWNER agrees to role= FICE from any liability arising from the construction, use, or result of such changes. In addition, the CLIE-NT/OWNER agrees to the fullest extent Permitted by law, to indemnify and hold FICE harmless from any damage, liability or cost (including reasonable attorneys' roes and costs of defense) arising from such changes, except only those claims, damages, liabilities, and costs arising from the solo negligence of willful misconduct of FICK CLI ENTIOWNER warrants that he Will impose a similar requirement on the owner and all conir°actors in its contract($) for the project and shall require all subcontracts ,at any level to contain a like roquimmeAll. Page 715 of 1471 ; JIM iYl M Eno! , Jill Mn unauthorized assIgnmom is - services is affected by causes beyond control, the Project's schedule and comrensWon shall be equitably adjusted. -he Parties will use their best 23, DisPutO Rcscluti"' " and efforts to arnicably resolve any dispute. NOWthelem- payment, any e ,Xcept for any payments arising due to non old disputes arising under this AGREEMENT Shall be resve in accordance with the rules of the American Arbitration Association at R location in Pialm l3each County, Florida. This AGREEMENT, and any ssues arising with regard to boovcmed by the laws Of this A(]REEmE.NT, shall e 9 Florida. All legal actions by either party against the other arising out of or in any WAY connected with the services to be porkmcd hereunder shall be barred and under no circumstances shall any such claim be ated by either party after two (2) years have passed from the date of j. ificate 0 completion of the underlying Page 716 of 1471 EXMBIT 1: SCOPE OF SERVICES and SC11EDULF_ Agreement for professional igngineering services for Replacement of 13.2V Feeder between Well #7 & Well #8 City of Boynton Beach FI CE DESIGN Project No.16F132®1.02 "4k1 Work _MF ]Description Of ng design support servi,_es to replace the 13-2KV feeder frorn 1PP7 enginecri hereinafter refPn-ed to as the City, w provide professional � propose three (3) phasw. The Client/Owner hby staff. the City of Boynton Beach. We Exhibit 3. See the attached spreadsheet for all ocate d o Urs be charged on an hourly basis Per the attached M.&sE k Information ga%ering and review of as -built drawings- Tile City of Boynton Beach shall the availability of as -built drawings is limited any record drawings that said agencl It is our understanding that ;0tQn&Zbn11t other government a9e11cieTT111c"1k'_' � County, to locate might have. FICE Design shall coordinate this effort with the City Personnel- basis Per tile attach d to as the City, will be charged on an hourly Fee'. The Client/Owner hereinafter ref" llocated hours by staff. bit 3. See the attached spreadsheet for a i pHiLSF, 1P Analysis and study. uner Phase I of the proposal. 1. The Cnsultant shall review any docurneRtation found dpropose solutions to provide power to othe- e Consultant shall analyze the wer distribution system and 1 2. Th the pump has been tested and operational. The City stated that the fee poder well. It is our understanding that It is not known if the feeder had been tested foTcontinuity and damage Of bad been hit by a lightning strike' nstruct system One "ne diagram and any sort. ersormel, the COMUltant sball attempt to recoCons,111ant shall have 0 Pa)ti'll I with the help of City P the site equip plan showing pertinent ment location. As a minin'201, n one line diagl'all? hal depicts the inforfi?afiov relafed to damaged equipMe t 4. I)Glivemble: The Consultant shall provido a written report. et for allocated hours by Fee'. The City will be an hourly basis per Exhibit 3. See tile attached sp charged on readshe staff. PHASE Ilk preparation of construction documents I shall Prepare set construction documents and City, the C011sultani After 'review of Phase 11 report with the ( d docurnents Of the sPec'fications' specifications. 1,he city shall provide frontend and backed -s by Feey: -Do citwill be charged on all hourly basis per Exhibit 3. sec the attached sprcadsheet for allocated hours staff. Page 717 of 1471 T Agreement For professional Engineering Services for rr QMMUMMr IMTA Feeder between Well #7 & Well #8 City Of Boynton Beach FICE DESIGN project No. 16F13201-02 pHAS19 1•. Information gathering and review of as -built drawings. FEE' Hourly not to exceed $3,540 rIIAsE 11. Analysis and study, FEE: Hourly not to exceed $9,860 p1HASE III: Preparation of cougtraoion documents. FEE: Hourly not to exceed $8,820 TOTAL Not To Fxc Fee: s22,220 Additional ServicM IIT 3. in accordance with the, The schedule included in EXHB Additional Services as rnutuallY agreed mid Page I of I Page 718 of 1471 Page 719 of 1471 1RATES TITLES 1 195 PRINCIPAL 135 pROjErT MANAGER 120 SENIOR PROFESSIONAL 105 PROFESSIONAL 5 DESIGNER !0 CAD TECIR 55 TECHNICAL Page 719 of 1471 PURCAASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161426 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/22/16 SHIP TO: TO: HD SUPPLY WATERWORKS it of Boynton Beach 1101 NW 17TH STREET EAST UTILITY ADMIN RIVIERA BEACH, FL 33404 124 E. WOOL IGT ROAD BOYNTON BEACH, FL 33435 EXTENDED L3:NE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 12108.00 DL 36 MJ GATE VALVE REPAIR TO INCLUDE THE FOLLOWING: 1 V'A ':) C 'D 0 nT 0MVM PROCUREMENT SERVICES: 1.0000 12108.00 ACCOUNT NO. PROJECT 404-5000-533.65-01 WTR136 P.O. TOTAL. 12108. 00 Page 720 of 1471 0 9_l I. 1 'tdH E0 L q N I Ci] W yW� pa Ec WNF�F'WFiW W 1 �9 1 �3 0H0 H0H rM ts1 c, - O tl w w w 1 t 0[s H `atieoavosf] I H '3 rlHorn CGS CnW IQ G} H to M tai I w 0 m mm -.W54 00 IC H t- 1Do t4 2Q Lij 1-4to HH i H Usk • HSI N 'mw 00 Om 1 'U i] H H tz P9 i+i in G] �? 1 r3 r3 [j7 1 R, • I H I H H FA N3 r3 I H I 1 U3 I I r3 ' 1 ED Z 03 b 10 to R8 rn 1 � I 1 C d 1 'Z Hy G �s 1 0 ra I H •• �3 tA � 1 V 1 -a fce 1 G 1 13 0 r C 1 D I F3 0 Cl H I OHto H H R] 13 1 C. to I N r ha 1 1 0 I W sa 0 IHC rai 1 I 1 i 1 0 1 1 1 e 1 1 I 0 H 1 y I + 0 1 ' co w i 1 I-3 •. 9. I 1 1 d � 1 bi 1 K) 1 H H 6B fi Page 721 of 1471 Requesting Department: Utilities Contact Person: -Chdstopher Roschek Recommended Vendor HD Supply Waterworks )Dollar Amount of Purchase $12,108.00 'Source 'or Purchase'check and a /Y/4 Three Written Quotations za Date State Contract PRIDE/RESPECT of 2�XlAr- SNAPS Sole Source KJ Piggy -Back Budgeted Item r -----i L Emergency Purchase r------ 11 L -j Other --j r -----i 1� Contract Number: See Above NOTE, Pricing proposal for purchase must be presented in the same datall contained vvithin the contract. Fund Source for Purchase: 404-5000-533-65-01 t, �- V, f— % Q LITU, 1111�� Purchasing Agent 023�0 MAMUM &MMIMMIAMN Elate /Y/4 Date za Date Date of 2�XlAr- Page 722 of 1471 REQUEST FOR REQUISITION Im Citi Manager (non budgeted c Di%1and/or $5000+)- REASONFOR Unit Price Desai tion Part Number Fund Basle Which is currently in process.r 0 Amount 1 HD Supply BID # 0 ------------------------ 12,10. 0 OTHER INFORMATION: TO INCLUDE THE FOLLOWING: a e: 8/912016 S f # 1 L STEM Riviera �j FIL 3W4-'- 1 EA 36 STEM NUT 1 4Distribution M � BACKUP di 1 EA 36 OUTER C O-RING S y ; i Phone We Havelka I 1 EA 36 1 NNE R COVER O-RING Sales Repress tative (over $500) Telephone: 561-848-4396 11", Pumping 1 EA LOWER EXTENSIONO-RING Quotes/Written Fax: 561-845-7267Ij Ij (over $2000)Emai4 S. 1 EA 36 WEDGE RS DI EPDM Vendor Number:isrea Bid Docs. isW. i 42 BEA 3/4X3-1/2 S.S. CAP SCREW i Sewage Insurance 3Special Instructions: rglidillufa lu vil q010 --i 1: e u�rements: .. LABOR CHARGES TO REPLACESTEM, (s Project Number: 4 I'M Si _ S WVTRI 36 Quan, Unit Price Desai tion Part Number Fund Basle Elam 0 Amount 1 $12,108.00 J GATE VALVE I 12,10. 0 TO INCLUDE THE FOLLOWING: 1 L STEM 1 EA 36 STEM NUT 1 EA 36 OUTER C O-RING 1 EA 36 1 NNE R COVER O-RING 1 EA LOWER EXTENSIONO-RING 1 EA UPPER EXTENSIONO-RING 1 EA 36 WEDGE RS DI EPDM BEA 3/4X3-1/2 S.S. CAP SCREW LABOR CHARGES TO REPLACESTEM, STEM NUT,RE-TEST Total 404 5000 533 1 12,10 ,00 Page 723 of 1471 CLOO41W Ckm Volvo Co. 902 South 2nd Stirest Telephone: 641673-8611 Oskaloosa, [A 52577 Fax: 641673-8269 gm§�� HD Supply Waterworks is Clow Valve Company's sole waterworks distributor in Florida. Any other questions, please contact this office or our outside representative, Seth Daniel. Sincerely, Steve Weminger National Sales Manager tilrrn):SUPPLM Bid Proposal for Boynton Beach 36" Valve Repair BOYNTON BEACH, CITY Of -- WAREHOUSE DIVISION 222 NE 9TH AVENUE BOYNTON BEACH, FL 33425 Contact: Tremaine Johnson (T) (561) 742-6476 (E) JohnsonTr@bbfl.us Sales Representative Steve Havelka (T) 561-848-4396 (F) 561-845-7267 w7j7ppril MITI= 1101 W 17th St Riviera Beach, FL 33404 (T) 561-848-4396 08/04/2016 - 4:35 PM Actual taxes may vary Page I of 3 Page 725 of 1471 r7rerlrg 11111111111 11111! 19 �ililill'�'i 11 11! 1F 11� I ' BOYNTON BEACH, CITY OF HD Supply Waterworks Bid Date: 08/04/2016 1101 W 17th St HD Supply Bid #:1 7 iera Beach, Fl. 33404 Phone: 561-848-4396 Fax: 561-945-7267 Seq# Qty Description Units Price Ext Price 10 1 36" MJ GATE VALVE REPAIR EA 12,108.00 12,108.00 TO INCLUDE THE FOLLOWING: 1EA 36" RS OL STEM 1EA 36 STEM NUT M 36 OUTER COVER O-RING 1EA 36 INNER COVER O-RING. 1EA LOWER EXTENSION O-RING 1tA UPPER EXTENSION O-RING 1EA 36 WEDGE RS DI EPDM SEA 3/4X3-2'/2 S.S. CAP SCREW SEA 3/4 S.S. HEX NUT LABOR CHARGES TO REPLACE STEM, STEM NUT, WEDGE & RE -TEST Sub Total 12,108.00 Tax 0.00 Total 12,108.06 - Page 2 of 3 08/04/2016 - 4:35 PM Adual tms may vary Page 726 of 1471 TENCLWAQQW ffi _SAL _JT0110 Z If AN references in this document to "Seller' shall include HD Supply, Inc, and I or any parent, subsidiary or affiliate of HD Supply; Inc, (including any division of the foregoing) whether or not performing any or all of the scope hereunder or specifically identified herein. Ali references to "Buyer' shall include all parent(s), subsidiaries and affiliates of the entity placing the order. Buyer and Seller may be referred to individually as a "Party' and collectively as "Parties'. 2. All sales to Buyer are subject to these Tema, which shag prevail over any Inconsistent terms of BuyerS purchase order or other documents. Additional or different terms and conditions in any way altering or modifying these Tom are expressly objected to and shall not be binding upon Seller unless specifically accepted in willing by Seller's authorized representative. No modification or alteration of these Terms shall result by S011or's shipment of goods following receipt of Buyers purchase order, or Other documents containing additional, conflicting or inconsistent tams. Them are no terms, conditions, understandings, or agreements other than those stated herein, and all prior proposals and negotiations are merged herein. These Tema are binding on the Parties, their successors, and pennifted assigns. 3, Prices an Seller website, catalogs or in Seger quotas are subject to change without notice, and all such prices expire and become Invalld W not accepted within 10 calendar days from the date of !ague, unless otherwise noted by Seller in writing. Price extensions if made are for Buyers convenience only, and they, as viell as any mathematical, stenographic or clerical errors, are not binding on Seller. Prices shown do not include any sales, excise, or other governmental tax or charge payable by Soler to any federal, state or local authority. Any taxes now or hereafter Imposed upon sales or shipments will be added to the purchase price, and Buyer shall reimburse Seller for any such tax or provide Seller with an acceptable tax exemption certificate. AN prices and other terms provided to Buyer shall be kept confidential except to the extent a Party is required by law to disclose the as=. 4. Seller shall not be liable for delay or default in delivery resulting from any cause beyond senses reasonable control, Including, but not limited to, governmental action, strikes or other labor troubles, fire, damage or destruction of goods, wars (declared or undeclared), acts of terrorism, manufacturers' shortages, availability Or timeliness of transportation, materials, fuels, or supplies, and acts of God (each a "Force Majeure Event). Upon the occurrence of a Force Marjeure Event: (a) the time for semses performance shall be extended reasonably and the Parties shall adjust all affected dates accordingly; (b) the purchase price shall be adjusted for any increased costs to Seller resulting from such Force Majou re Event; and (c) Buyer shall not be entitled to any other mrnedy. S. Seger is a reseller of goods only, and as such does not provide any warranty for the goods it supplies hereunder. Notwithstanding this As4s limitation, Seger shall pass through to Buyer any transferable manufacturer's standard warranties with rasped to goods purchased hereunder. BUYER AND PERSONS CLAIMING THROUGH BUYER SHALL SEEK RECOURSE EXCLUSIVELY FROM MANUFACTURERS IN CONNECTION WITH ANY DEFECTS IN OR FAILURES OF GOODS, AND THIS SHALL BE THE EXCLUSIVE RECOURSE OF BUYER AND PERSONS CLAIMING THROUGH BUYER FOR DEFECTIVE GOODS, IETHER THE CLAIM OF BUYER OR THE PERSON CLAIMING THROUGH BUYER SHALL SOUND IN CONTRACT TORT, STRICT LIABILITY, PURSUANT TO STATUTE, OR FOR NEGLIGENCE. BUYER SHALL PASS THESE TERMS TO SUBSEQUENT BUYERS AND USERS OF GOODS. SELLER EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED MRRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED MRRA"ES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER ASSUMES NO RESPONSIBILITY V"TSOEVER FOR SELLERS INTERPRETATION OF PLANS OR SPECIFICATIONS PROVIDED BY BUYER, AND BUYERS ACCEPTANCE AND USE OF GOODS SUPPLIED HEREUNDER SHALL BE PREMISED ON FINAL APPROVAL BY BUYER OR BY BUYERS RELIANCE ON ARCHITECTS, ENGINEERS, OR OTHER THIRD PARTIES RATHER THAN ON SELLER'S INTERPRETATION. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW IN NO EVENT, WHETHER IN CONTRACT, VARRANTY, INDEMNITY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY OUT OF THE PERFORMANCE OR BREACH OF THESE TERMS, SHALL SELLER BE LIABLE FOR (a) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES SUCH AS LOSS OF USE, LOST PROFITS, ATTORNEYS' FEES OR DELAY DAMAGES, FORESEEABLE OR CAUSED BY SELLERS BREACH OF THIS AGREEMENT, (b) ANY CLAIM THAT PROPERLY IS A CLAIM EVEN IF SUCH DAMAGES WERE AGAINST THE MANUFACTURER, OR (c) ANY AMOUNT EXCEEDING THE AMOUNT PAID TO SELLER FOR GOODS FURNISHED TO BUYER WHICH ARE THE SUBJECT OF SUCH CLAIM(S). ALL CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF ACCRUAL OF A CAUSE OF ACTION. 6. Buyer shall indemnify, defend, and hold Seller its officers, directors, employees and agents harmless from any and all costs (including attorneys' and acwuntarrW fees and expenses), liabilities and damages resulting from or related to any third party (including Buyers employees) claim, complaint andtorjudgmBnt arising from Buyers use of any goods fumished hereunder, as well as any negligent, intentional, or tortious act or omission of Buyer or any material breach by Buyer of these Terms. 7, When goods are delivered to Buyer in swees own vehicles, the F.O.B. point shall be Buyers designated delivery she. In all other cases the F.O.B. point shag be Seller's store Or warehouse and all responsibility and costs of shipping and delivery beyond the applicable F.O.B. point shall be borne by Buyer. TMe and risk of loss shall pass to Buyer at the applicable F.O.B. point, which for goods not delivered in Sollses own vehicles shah be when Seller delivers the goods to the common carrier. AD claims for shortage of goods or for loss or damage to goods as to which Soler has the risk of loss shall be ward unless Buyer, within 10 calendar days after receipt of the short or damaged shipment, gives Seller written notice fully describing the alleged shortage or damage. Partial shipments are permitted at seuees discretion. 8. Any change in product opGdfiCa1iiGns, quantities, destinations, shipping schedules, or any other aspect of the scope of goods must be agreed to in writing by Soler, and may result in a price and delivery adjustment by Soler. No credit for goods returned by Buyer shag be given without sakes written authorization. All returns are subject to a restocking charge. 9. Unless othomfte agreed in writing, payment terms are not 30 days from delivery, payable in United States of America CU.S.") dollars. Notwithstanding the foregoing, &I orders are subject to Sellers continuing approval of Buyers credit. If Buyers credit is not approved or becomes unsatisfactory to Seller then Seller, in Its sole discretion, may suspend or cancel performance, or require different payment terms, including but not limited to cash an delivery or in advance of shipment. In addition, Seller my In its discretion require an advance deposit of up to l00% of Senses soling price for any spedelly manufactured goods ordered by Buyer hereunder. Payments due hereunder shag be made in the form of cash, check, or money order, or other tender approved in writing by Seger. Seller may, in its sole discretion, apply Buyers payment against any open charges. Post due accounts bear interest at the lesser of 1.5% per month or the maximum rate permitted by applicable low, continuing after Seger obtains judgment against Buyer. Seller may exercise setoff or recoupment to apply to or satisfy Buyers outstanding debt. Buyer shag have no right of setoff hereunder, the same being expressly waived hereby. 10. Buyer shall not export or re-export, directly or indirectly, all or any pout of the goods or (elated technology obtained from Seller under these Terms except in accordance with applicable export laws and regulations of the U.S. Further, a Buyer that is a non-U.S. company or cNizan shall similarly ling any export or re-export activity to that which would be deemed compliant with U.S. export laws and regulations if performed by a U.S. company or citizen. If. Buyer shall pay Seiler all costs and expenses of collection, suit, or other legal action brought as a result of the commercial relationship between them, including, but not limited to, all actual atiommys' and paralegals' fees, and collection costs, incurred pm-suit, through trial, on appeal, and in any administrative or bankruptcy proceedings. Any cause of action that Seger has against Buyer may be assigned without Buyers consent to Hb Supply, Inc, or to any affillate, parent or subsidiary of HD Supply, Inc. 12. This Agreement, Buyers account, and the business relationship between Buyer and Seger shall be governed by and construed in accordance with the laws of Georgia without regard to conflids of laws rules, and specifically excluding the LIN Convention on Contracts for the Intemational Sale of Goods. The Parties agree that any legal action arising under or related to this Agreement shag be brought in Cobb County, Georgia, and any right to object to such venue or to assert the inconvenience of such forum is hereby waived. 13. If Buyer falls to comply With these Terms, Sailor may terminate or restrict any order immedlateV upon notice to Buyer. Buyer certWies that it is solvent and that R VAN advise Soler immediately If it becomes Insolvent. Buyer agrees to send Sailer written notice of any changes in the form of ownership of Buyers business within 5 days of such changes. Buyer and Soler are the only intended beneficiaries of this document, and there are no third party beneficiaries. 14, The invalidity or unenforceability of all or part of these Terms will not affect the validity or enforceability of the other terms. The parties agree to replace any void or unenforceable form with a new term that achieves substantially the same practical and econornic effect and is valid and enforceable. 15. The following provisions shag survive termination, concelarlion and completed perforrrianoe of this Agreement as long as necessary 10 allow the aggrieved party to fully enforce such douses: S. 6, 9, 10. 11 and 12. HD Supply, To and Conditions of Sale - Rev A0807 Page 727 of 1471 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161427 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/22/16 RAWHIGMENELT,m, SAIP TO: City of Boynton Beach POLICE DEPARTMENT 100 E. BOYNTONBLVD. BOYNTON BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 15.00 EA 15-LENOVO THINKCENTRE M700 10GT 444.5000 6667.50 1 x CORE 13 6100/3.7 GHZ-RAM 4GB-HDD 500GB DVD- SUPERMULTI -. Hl7:;.:-0 HICK 5.30. GIGE-WIN.10::PRO-� 64-BIT/WT-w- 'T i -PRQ.:.6.4 BIT DOWNGRADE'p WIN 4p -Z.4... TMONITok Xosv TOR,5MLER Ens -N.0, 1OGTO02DUS 2 15.00 EA 7�Lg- VO-DDR4 4 tB..: .,,DI MM 2.88 :'5000 487.50 4:131 MHZ/PC4-170PO = 1 2..: -V: E$MD NON- CC FOR.i"' TKINKCENTRE M7 W;'M8.0::.q- M900 T -RIMSTATIOM P3 10 .......... VENDOR ITEM NO - 4XIOK09920 3 30 00 M 30.- :--LENOVO, TI-IINKVISION T2424P 203 5 0 0 6105.00 �0 .::.ttD MONITORS ®.23,.,$" (23.8'® VIEWABLE) r> 1920 X 1®80 PS -2: .0 C1)/M2. 1000:1-7 MS::. HDM1 VGA,;. 1>15PLAY : PORT. RAV-gN BLACK ?M -OR' ITEM: NO:::':� 6008MARius r RE K REP tAC.VMtN.T:ORSKT.OPS.;F.�011. P�D.. ..... . ..... PIGGY'AACK�..�-T-Ts.CQ'muN.�l.T.i,R,S..Col4tW.T..:::.'44400OD6644 ..... .. .. . . DO NOT . MAIL FOr :Wt'SEND.::-TO VENDOR PROCUREMENT SERV4CES- ACCOUNT O. PROJECT 001-2111-521.51-25 R10. TOTAL: 132610.00 Page 728 of 1471 PURCHASING N c � w O B a ! ! L co FtE L C) 0 O a Ln Ln §�� L 4 m e N cn [+7 O Ji p El O # a4 N 04 no H m W o m Ln in r -I ri 0 iJ r • # i J u `s # r P4 04 •: J r a04 W N c � w O B a L co d L C) 0 O a Ln Ln §�� L 4 m e N cn [+7 O O H H m W o m Ln in r -I ri sn rl N m Page 729 of 1471 Wlate: 8/12/2016 Contact Person: SARAH BYERS Explanation for Purchase: Replacement for 7 and 8 year old desktop computej- �Recomrneinded Vendor INSIGHT PUBLIC SECTOR [22!!EAMount of Purchase 13,260 Fund Source for Purchase: ==L�- �-- �-* Gllaar.,E-&LIGQ�G�9; � Page 730 of 1471 a Insight7l. MOCSM= DOUGSOLOMON 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435-3838 n --S" i"q I Eel 0 1:] 0 -IT -01 m I a INW;r, Payment Terms Net 30 days Ship Via CEVA FREIGHT LLC/LTL Terms of Delivery FOB DESTINATION Currency USD INSIGHT PUBLIC SECTOR SLED Page 1 of 2 6820 S HARL AVE TEMPE AZ 85283-4318 Tel: 800-467-4448 Quotation Number: 218142726 Document Date 09 -AUG -2016 PO Number Material Description mm PO Release Unit Price Extended Price Sales Rep Ricardo Pryor Email RICARDO.PRYOR@INSIGHT.COM Telephone 8004674448 Sales Rep 2 Brian Mayer Email BRLAN.MAYER@INSIGHT.COM Telephone 8004674448 PRICE QUOTE IS VALID UNTIL 9/9/2016 Material Material Description mm Quantity Unit Price Extended Price iQ=-Q22U Lenovo Thin kCentre M700 10GT - SFF -1 x Care 15 444.50 6,667.50 13 610013.7 GHz - RAM 4 GB - HDD 500 GB - DVD SuperMulti - HD Graphics 530 - GigE - Win 10 Pro 64-bit / Win 7 Pro 64-bit downgrade - pre-installed: Win 7 Pro 64-bit - Monitor: none - TopSeller U.S. COMMUNITIES IT PRODUCTS & SERVICES(# 4400006644) 4X708-02920- Lenovo - DDR4 - 4 GB - DIMM 288 -pin - 2133 15 32.50 487.50 MHz / PC4-17000 -1.2 V - unbuffered - non -ECC - for ThinkCentre M700; M800; M900; Think Station P310 U.S. COMMUNITIES IT PRODUCTS & SERVICES(# ±24400006644 2�� fiX-BMARIUS Lenovo ThinkVision T2424p - LED monitor - 30 203.50 6,105.00 23.8" (23.8" viewable) - 1920 x 1080 - IPS 250 1000:1 - cd/m2 - - 7 me - HDMI, VGA, Dis playPort - raven black U.S. COMMUNITIES IT PRODUCTS & SERVICES(# 4400006 644) Product Subtotal 13,260.00 TAX 0.00 T 0 t a 1-13, i6- -070-0 Quote Number:218142726 : M �e I �21 1 0 7 Insight.", MOM: SEC� P 4 . - '- - Ez� D ument Date 09 -AUG -2016 Page 2 of 2 Thank you for considering Insight. Please contact us with any questions or for additional information about Insight's complete IT solution offering. Ricardo Pryor 8004674448 Brian Mayer 8004674446 Related Products and Services Contra;t. Insight Global Finance has a wide variety of fle)dble financing options and technology refresh solutions. Contact your Insight reAre-sext2tive ftr 2x ixxt-vative 2;qrz-2cX t1i ;%2xi.LAizimS ytwr tecNigi-l-igy a strataly ts manage- ytxr financia. Pptions. M N 141--liviv-1 p'llw-1-1-IN kmul"Vlklzffl� Page 732 of 1471 Solutions BY SUPPLIER( show off -4 BY CATEGORY Facilities Office & School Specialty Technology Main Menu JUMP TO: Solicitations About News & Events Resources Solutions Contact Us Shop Education Purchasing Government Purchasing Nonprofit Housing Authorities Go Green Program Innovation Exchange 5-Irl-ITF Mum About News & Events Resources Contact Us Insight Public Sector Contract Technolog ,M Products, Services and Solutiown flome > Ludghtj8deblieSector Technology Products, Services, Solutions, and Related Products and Services Lead Agency: County of Fairfax, Virginia Contract Number: 4400006644 3 year initial term, May 1, 2016 -April 30, 2019 Option to renew for (4) additional (1) year periods or any combination thereof Postings Number of suppliers who responded to RFP: 18 Posting Information: Date Posted: U.S. Communities: Upcoming Contract Aug 12, 2015 -Sept 17, 2015 Canadian MERX Public Tenders Aug 12, 2015 -Sept 17, 2015 Onvia Demand Star Aug 12, 2015 -Sept 17, 2015 Fairfax County, VA Aug 12, 201.5 -Sept 17, 2015 Association of Oregon Counties Aug 12,2015 -Sept 17, 2015 State of Hawaii and Oregon Aug 12, 2015 -Sept 17, 2015 U.S. COMMUNITIES: NATIONAL COOPERATIVE PURCHASING PROGRAM GetUng Started Why Use U,S, Communities Discounts Dn Brands Program Overview What Makes Us Different Products & Suppliers • How It Works Webinars &Events Online Marketplace FAQs Supplier Commitments Solicitations CoNr rACT US BECOME A SUPPLIER ABOUT US LEGAL PRIVACY MICPA 7, 20 66 U.S. i Ml KnMs Rem -,ed. 119 --mum SHOP KGON LOGN Contract Documents: Contract 4400006644 Insight RFP Documents. RFP2000001701 REP 200M0I 701 Addendum I REP 2000OD1701 Addendum 2 REP 2000001701 Addendum 3 RFP 20000017DI Posting Document Over 55,000 agencies trust uz, Who Uses U.S. Communities? Cooperative Standards State Statutes Page 733 of 1471 https://www.uscommunities.orLy/-,iinpliers/insipht-iniiblic-.,-,e,c.tor/i'PL-,iRht-C,,.oniTac.t/ R11()1?n1r' S !�i-F{Vii.'fi To „ protect ec , and qualityof moo, , Tempe, life for the ple, neighborhoods and diverse conununities of Fairfax County i Reference: RFP f 1TIi 170 1, Technology Products, Services, Solutions a Related d Products 0=1 31TAM111M £ i7 This acceptance agreement signifies a contract award for Technology Products, Services, Solutions and Related Products and Services. The period of the contract shall be from May 1. 2016 • • •ril 30, 2019, with four•, options or any combinationof equally not• - than four County of Fairfax, Virginia To pmW od amich tM qugky of H* Jor the pwpk, nd&bodwo& and divem communifies of Fshfax County Y " 7 a. The Courdys Request for Proposal RFP2DOODD1 701 and all Addenda; b. The Ca*acWs Technical and Cost Proposals dated Sqftmber 21, 2015; 0. The Contractors Functional Roles per Labor Category dated Decerrftr 2, 2015 d. The Geographic Maekst Tiers dated 12/1012015; 6. This Memorandum of Negotiation; f. County purchase order, 9- Arry amendments subsequently issued. I =771-17TIM I'll, I. Insight Is awarded a contract for the following sections of the RFP: Technolow Products * 3.12 Technology Services and Solutions * 3.1.3 Cisco Products, Services and Solutions Products, Services, and Solutions * 3.1.5 Dell Products, Services and Solutions Panasonic Products, Services and Solutions Is 3.1.7 EMC2 Products, Services mW Solutions 9 3.1.8 CommVauft Products. Services and Solutions * 3A.9 Symantec; Products, Services and Solutions * 3. 1.10 Veritas Products, Services and Solutions * 3. 1.11 VMVftm Products, Services and Solutions a 3.1.12 Apple Products, Services and Solutions a 3.1.15 Mkmxoft Products, Services mid Solutions Citrix Products, Services and Solutions a 3.1.17 NelApp Products, Services and Solutions 0 3.1 .18 Related Products, Services and Solutions 2. Participating Public Agencies reserve the right to request pricing mft both service pdcIng methodologies: Service Category Rates and Time and Material Rates. 3. Pricing discount for Cisco hardweralsoftware is 36% off MSRP for both government and educilor�. Uncounts am minimum discounts. Mprtmest of PurchmAng & Supply Man"emmat 12000 Government Canter Parkway, SuM 427 Fairfhx, VA 22035-0013 Webdte: wwwAairfaxcoupMgqM/�sm Mone 703-324-3201, TTY: 1-800-828-1140, Fix. 703-324-3228 Page 735 of 101 '11 I(ennith Lmnedr, Chief Executive OffiCer DA Insight Public SectDr, Inc. A/ L,v // (0 Cathy A Mtfe, OPPO. ENVOCt" Ekft I Department bf Purchasing and Supply Management Page 736 of 14711 I " I 153 4k','M4, Um;l 4 #TTTi-Cl ] al # 11 111 Ij M TZ 177M, 171. i =77T'77'7TTf"- (7-Tm7l 7 1 T I t MPT -MM- - mill i "M -'AIN L 7"t U I a 17 4 Ivi -7„ 1 Imi 657t"W# LzIti KOUTi, . . . . . ..... ,7.1 —tj -jj U -7Z I I =I- iT 177 --M P7 1. Requiring Me application of the low of any state other than the Commorwisalth of Wginla in Interpreting or er4ordng the embed or requiring or permitting that any dispute under the contrad be resolved In arty own cow than a circuit court of the Commonweallh of Vugk* 2. Requiring any total or palft compensation or payment for lost profit or Wdeted damages h the County, or Its officers. directors, employees or agents if the contract is terminated before Its ordinery period; 3. Imposing any Interest charge(s) contrary to that specified by 9 2.2-4352 of the Code of, ViralnW, 4. Requiring the County to maintain any type of insurance eMm for 0* benefit of the County or fbr Supplier's beneft 5. Granting Supp1w a security interest In property of the County or the Commonwealth or any of their officers, directors, employees or agents', B. Requiring the County or any of its officers, directom, employees or agents to Indemnify or to hold harmless SupplW for any ad or ornissim; 7. 1.1miting or adding to the time period within which claims can be made or actions can be brought (Reftrence Coft of Virginia §8.01 at seq.); S. Umifing selectim and approval of counsel and approval of any seftlentent In any claim arising under the contrad and in which the County or any of its officers, direct=, employees or agents Is a narned party, 9. 13in1ing the. County or any of its officers, directors, employees or agents to any arbilretion or to the decision of any arbitration board, commission, panel or other entity, Page 737 of 147"1 1 10. Oblige" the Ciounty, or any of b Officers. directors- empic)yees or agents, to Pay 00513 Of or aftffvws low 11. Requiring any dispute resolution procedure(s) other than those in accordance with the Fairdfax Cou Purchasing Resolution and the 12. Permitting Supplier to access any County records or data, except pursuant to court order, or as required by low, 13. pennitting Suppler to use arri Inibrrnation pmvided by the County exoW for Suppliers Own internal adminialrefive PurPOW, or as required by law; 14. Requiring ft COMY to limit ft rights or wahm its remedies at law or In equity, indudhV the 69M to Wal by Jurf, and IS. Bedw&ing any right or incurring any obligation that is beyond the duly granted auda* of the undersigned mpmswg*4e of the County to bNow or hme on behalf of the County. !Tr;.T.�mabla haffn toSul-AW1 by am actions or inactions of 17r. Ljntft V* "Wity of Suppler for properly damage or POMOMI InJuFY; 18, permilting Supplier to assign, subcDnbA deiegateor otherwise convey the contract Or any Of its rights and obligation thereunder. to any entity without the prior Written consent the County except as lbotm: Supplier may assign ali of any of b rights and oWkpdkm to a third pWV maresultofs meW or acquisition or sale of all or subsW*dly all of ft WON to such third party provided assignee agrees in writing to be bound by the umS and conditions set " in the contract and WvMed such third party is a U.S.-baW entity or "wintlins a registered agent and a o9MkvM0n Of 80cft to do business In Virginia, or to an affiliate Of Supplier, PvAded Supplier remains Noble for SMIMWs compliance with the Mms and conditions sat forth In this Contract 19. Not cwMWV vft contractual PrOvisions 1, 8, 1 % 11, 12, and 13 at " folio*ing URL, which are man ( Wory provisions, required by law or by the Fairfax County PUrcheSing Resolution, which are The forms and oondftns in documents posted to the Worereferenc9d URL are subject 0 change pursuent tD &OW by the legisWre of to CmmmweaM of VkgInla or a change in ft Fairfax County purdming Resolution as adopted by V* Fairfax CourAY Board Of SUPOrvism- SOftw* Publisher is advised to d-mck the URL pOWW*f. 20. Not complying with the contractual claims pvyislon of the Fairfax County pumheging Rmolution which is also Wmrpwa*d by reftrerme; 21. EnbmkV the United NOW" Corwantlon on Contracts for the Inlernational Sale of Goods and all ly A laws and liternational treaties or conventions relating to the sale of goods. They am express disclaimed. UCltA Shell apply to this contract only to " extent mquhvd by 'MI -Aa tAl of ft ggft d—vLmi-*,. 22. Not complyft MM all applicable i74-1-131, 23. Requiring that the County wvW9 any immunity to which it is entitled by law, Page 738 of 14711 24. Requiring that the County, which Is tax entnpi, be responsible for payMOnt Of any bD'Os- dub"' or penar ■ # County data x that t # e. y this ' contract � i'. i rways MW 25. Requiring to SUP PW 11 payment obligaWAS underthis 28. # A # i funding.#• i i appropriated Obligating 1 County beyond by the Febtax County Board # # ! e s :li pur t# II i:.x nonapoopriatito - subject i#the under 9 ri i the fterm event Of fW thosei or mvlms kr which junds have not been contract 1order,µ .., i v a #' whole �' # 1 - ta. '. is m of the licensesthe supplier as Won as POOMO Ofter Written notice vAU be Provided to granted by Supplier- due to termination for kwk Of acam is compMed. Them hr be A # • ♦ # contred of the ' granted is R - i Or 28. order t #urt # ,'its A } #'' ♦ Pursuant to J i competm • Yn.� i i # # C # }i oar 1 f corn jurisdicoon . or as required by mw oM 29. A # stalingthat term t: # I 1 '.i kof this addendum In the evat 0 corifticl, 00 M A 77 terminatedDoWng EPWPO"r license rights to hWG any Ym,rdg Other am rognse rWtft that mm In inaccordance perpeWity unless OUmmMss MA # i - perm�1rneintupdate+ } .� s . i Upgrade SLOjed to additional PSYMOK the county Shea love the right to mod such upliald! Of Upgrade; # A #^'" #; :�:of a new r9le, #ia: i #i :#r # r2.e# # 35. Requiting Purdm" . or Maintain mall} daims d lnMMement the County agaira # Ai i i to any l the contract isany +�'- - aw; A I ' } right tD audit of examine th's i ! # ♦A to the contract; 11 mr 1 'v # i # u 4i a - _, ■ Page 739 of 1471 IN VATNESS VMEREOF, the pardes hm C13USW tlfls Oontrad to be dulFSTIMMI toM bebw by Ow und.ti nAgned authodzed mpnmntaWm of the perfiM intending themby be WPIIY bound. Page 741 of 1471 PIRCAASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161421 BOYNTON BEACH, FLORIDA 33426-0310 DATE: 08/22/11 SHIP TO: TO: WI ST CORPORATION City of Boynton each 10901 HAMPSHIRE AVE S EAST UTILITY ADMIN BLOOMINGTON, MN 55438 124 E. WOOL BRIGHT ROAD BOYNTON ]BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 2 3 4 5 6 7 10 11 12 13 14 is I 1 0 . KIZIM&TATM 2.00 EA 57 STEEL TOPAND MODESTY PNL 706.0000 1.00 EA 69 STEEL ND 782.0000 1.00 PR END ER' 572.0000 2.00 PR HING-EM'. CORNER FRAMES L14 RR .6().9.()00(). 2.00 EA53 OABLE T R, 'A Y, FROA3044 .... ...... 25:0..0000 1.00 EA TRAY FOM: 43046 27:61:0000 2.00 EA.i:i�:.:i':C.IPT,OM WOOD CORNER FILLER' -4$.0000 1.00 Pk.:� ''.1 -RU PORM qIDE PANELS.:.." -6 4 9..�:., 1.00 EX :AYENDURANCE +W S63:0 073 -10.0 .3: 1.00 Ek W,8NDURANCE+ W/S PROCUREMENT SERV" CES; ACCOUNT NO. PROJECT 403-5000-533.65-02 WTR020 Aimm 312.00 1412.00 782.00 572.00 1218.00 500.00 275.00 836.00 649.00 630.33 630.33 630.33 458.00 1756.00 3882.00 Page 742 of 1471 m I WH fA wz m LV H ;a ta 88 0 H n to 0 0 4�4 z w q t4 H m I WH fA wz m LV H ;a ta 0 H n to 0 0 4�4 z w q t4 H EO Wla cz w SC3 tj tv mq a 00 q-3 0 q pa H lu 0 0 4 zIl rJ M ta �e 13 1 1 0 �4 bd cd C> Paae 743 of 1471 r cn Ip w N c-& d ea � v sn vl la w N t-' I I I � IP la A 10- sP IA IP Ip Ip Ip Ip �v � I 0 0 0 0 0 Q 0 0 0 0 O a 0 Q Q n w w W w w w w w w w w w w w w n 1 w Ul w N Ul m 0 m w In Ln w N Ul W Q I 0 O 0 0 0 O O 0 0 0 O O O Q Q 1 O 0 Q O O 0 0 O 0 0 0 Q 0 0 0 1 a 0 0 0 O a 0 0 Q O 0 0 0 O 01-,� I VI GPI N Ul Ul Ul GTI Ul In N Ul UI U7 Ln Gfl I w w w w w w w w w W w W W w W I W W w W W W w w w W W w w W W I m ON 9% m ]h m 1T m al M !Dl Ch m In cm I Ul In V7 In GR Ul Ui Ul lr Ul Ul Ul In U7 Ul 1 C3 0 0 0 O 0 0 O O 0 0 0 a O 0 1 N N N N N N N N N N N N N N N I Pd 1 i SON + R+ q R� �+ R� 0 RI H Rl R' 0 H Rry I p H H,`�HHH H H H H H HHHH 1 r r r t, r r r C r r r t"' i r r 1 n �7Ow+3OOOO OOOn n OOOn On OnHn n Gfflnn nn n 1 id] I pu PC H H H H H w H PU H H H Pd H H H H pa H H 1 Z `4 I Id 'tl b hd ro vd 'd b 'it 'ly ro b b ro b O O O O O O O O O O O O O O O 1 Pod ] pod 2 2 O 43 G] 4] IOU WO 2 w G� WWWWWWWWWWWWWWW 1 to (h CR w w w w w w w w w w w €7J b I :R Z nl n� I 0 1 I ro HI ata aaaaaa:roa�aa ww�a I KQCT OCTQLt0Ct0 CPQrtOCTOf:O{t 6Ct O CTOtt0CT0Ct Q C� hj I 86N(DMCD bJMK)M WD NMK)MDJMN@N@NM"MwDNMMW I 1 j ON ON ON ON ON ON ON ON a" ON a" ON ONO N On 01 'a ro ro b ro ro ro ro ro ro ro ro ro ro `3 as r rJ yJ FI r W rJ w N N iJ r FJ r r I a a a a a a a a a a a a a ¢I I f R rc T r rt cr f rt rt rt r a n t rt rt r 1 rt T rt rt n Pt t rt � rt t �I 1 id h] I N n N fi n N pt Fi H r# K li 'i h ri H I iD m m 0 In In W Ui � � � � y ! 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I 1 I 00 CD N f1 I Pd Page w 0 44 of 1471 tea WH ra N J� 0 W 0;) W wy .14 M H �a (n Ln to woo Mn'-" 0— On— wowwow woo Wn On& mom wow MOH MO tj K) g on pow OM aom 900 OW vo No 9oz 0 'M q 114 9 0 0 OEM 010 MO 8H 018 8 goo W 0 H Mo PER 88H ob, NEW NEW OR9 T 0 HO OON 004 000 o0c OON ooz co U 001 coq 00, 00& 0 q No Mo xO ow zuw .0 H NO ENE "i ENE Is Is, is" ur MHO H RHM IHM XHN "i Q 0 OAR H IH Own 010 oq ORM oqo OHM OHM OHO OU OHM son oq q z uNq 040 00 04 UK OR WO --u -..A --q - 0 to -N Y -W on H + + M 2 23 W M 2� 8 - lq .- 4M Zoo M W M 0 a 0 8 6NA on, on 0 02 0 W 010 8 W Z W uo 21i U xzm xzm x W N W im moo NAM PA P9 M imp NZI WK W WH MH WH WH OHM M 0 WHW WH I HH :u 0 q MH WHO WHO WHq W HA 00Z 086 084 H0 � & U& q W q W H 0 q�uO �-3 to HM H HCrJ HM HMH HMW HL W HM HM 0- 0, 0' M 0' 0, 0 0, M W Ol Q H z z z wow A y MOH W z L� Hx Mo Mo [no no WO wow mom Mo CAO Mo MOq OOH of H Z 0 0 9 M 9 0 PC M M M Q No M& y M 1 N 1-j M 1 M A P4 M IV M IV Mo H H H H H H H HHV HO 0 0 n r) 0 0 0 0 n 0 nz nz no M D'i M M W M M N Di t' Vi C W u z N H W F} F -G] d Hid F-1 FH3 q 0 0 Hto 0 qu z M P WK 0 OPP AS M Pu �u H H C) W -4 Ul C, LP9H Ea 4 0 W C) 03 0 q 0 C) kD OD Ln W Btd� 6 M Pa M io 6 6 6 , LJ W Cn 0 0 0 0 C) 0 C3 C> O 0 s U3 H n t C3 0 C3 0 0 CD 0 C) 44 0 H 0 0) F, Ul 00 N) L9 ki LA -.3 W H uj W uj -3 H co F. x 2 M C) LO Ln 0 �A o t3 o W Ld W C) t7l H :0 Go C) 0'age�715 of 1471 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 Date: 25 -Jul -16 Requesting Department: EWTP Contact Person:. Juan Cuesta, Assoc Eng !Explanation for Purchase: NEW EAST WATER PLANT WORKSTATION NEW CONSTRUCTION/NEW RELOCATION OF CONTROL ROOM WORKSTATION, lRecommended Vendor Winsted Control Room Consoles .irchase $14,542.99 !Source for Pu—rch-ase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sale Source Piggy -Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposai for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Page 746 of 1471 REQUE ST FOR REQUISITION Phone (contact): Steve Halas 800-447-2267 Vendor Number: 16206 I IATOR: Juan Cuesta, Assoc, Eng ins OF CONTROL ROOM WORKSTATION DIVISION. Unit rice Description & Fart Number Admin. Date: 08/10/2016 asic ASAP En—gineering Date Needed: 08/23/2016 Confirm. $104.00 6 OUTLET POWER STRIP15'CORD 403 5000533 Distribution BACKUP DOCS. DELIVERY: - 312.00 2 $706.00 Water Qual. Quotes/Verbal E. Admin. 40 (X) 53365 $500)0I 02 ' 1 f[ 41 6' to l Top andModesty nl ---40-3790-0-0—== uo (over $2000) , Docs.Bid -.._ -. 42 $782.00 Ole P/U 99 Sewage Insurance Special 111 Requirements: 02 Strmwtr. 2 Project Hinged corner Frames LH, 403 500 --du-an. Unit rice Description & Fart Number Fund e t asic i t Amount 3 $104.00 6 OUTLET POWER STRIP15'CORD 403 5000533 65 0 312.00 2 $706.00 57" Steel Top and Modesty PnI 403 5000 53365 02 $1412.00 1 $762.00 6' to l Top andModesty nl ---40-3790-0-0—== 3 65 02 $782.00 $572.00 End Frames LH,RH 403 5000 533 65 02 $572.00 2 (609,00 Hinged corner Frames LH, 403 500 533 65 02 . 121. 0 2 1250.00 53" Cable tray fro 43044 403 00 533 65 0 1500.00 1 1275.00 5" Cable tray for 43046 403 5000 533 65 02 $275.00 2 (416,00 &stomvo mer filler 403 5000 533 5 02 6.00 Page 747 of 1471 1 $649.00 Tr orrn I Panels 403 5000 33 5 0----f6---4-906- 900 1 1 $630.33 ) ndur / 403 500 533 5 02 $630.33 1 630.33 } nuran 403 5000 533 5 0 $630.33 1 X630.33 Endurance + W/S 403 6000 533 65 02 $630.33 2 $229.00 Poio oun hone Troy 403 5000 533 5 02 $458.00 4 X430.00 i latin Arra ount 403 5000 533 65 02 $1756.00 3 $1294,00 10-114" ack 1 Plexi Door 403 5000 533 65 02 3662.0 1 FREIGHT/SHIPPING 5000 533 65 02 Not included in quote TOTAL 403 5 $14,54199 Page 748 of 1471 UNfidesDepariment 1241s. Woolb ' htoad Baynton Beach, Florida 33435 Phone (561) 7424400 FAx. (561742-6298 f ITEMS REQUESTED: P NEW CONSTRUCTION/NEWRELOCATION F CONTROL ROOM WORKSTATION. AT TA CH TH E AB jV !: 7Ar4W-,- PURCHASING DEPT. Page 749 of 1471 Page 751 of 1471 I Name / Address City of Boynton Beach Juan Cuesta 124 E. Woolbright Rd loynton Beach, FIL 33435 M City of Boynton Beach Juan Cuesta 124 E. Woolbright Rd 4• oBeacle, FL 3343.�, Quotatio No. Terms Salesman7 Account # FOB Project :Net 30 DAP Destination E It Description Cost Total Presented by Dave PaIguta Subtotal $16,925.02 All warranties as per manufacturer's written warranties. Digital Video Group, Inc. retains title to all equipment until final payment is made. All returns are subject Sales Tax $. to restocking fee. No retums out return authorization number. By signing below, I and/or the above listed company agree to purchase the above listed Total $16,925.02 equipment/services from Digital Video Group, Inc. Price does not include shipping charges. Accepted By: ......... . . .............................. Phone # Fax. # E -Mail Web Site 804-569-0257 804-559-0017 dpatSuta@digitatvideogroup.com www-digitalvideogroup.com ...... . . .......................... Page 752 of 1471 Winsted 30701: 6 Outlet Power Strip 15 Cord 3 77.6511 232.95T 43044 Winsted 43044: 57' Steel Top and Modesty Pn 1 2 522.001 1,044.00T 43046 Winsted 43046: 69" Steel Top and Modesty Pnt 1 578.001 : 578.00T 43061 Winsted 4306 1: End frames (LH, RH) 1 423.00 423.00T 43066 Winsted 43066: Hinged comer Frames (LH, RH) 2 450.00! 900.00T 43074 Winsted 43074: 53" Cable tray for 43044 2 186.00' 372.00T 43076 Winsted 43076. 65" Cable tray for 43046 204.00 204.00T 43491 Winsted 43491: Custom Wood Corner Filter 2 310.00, 620.00T 43520 Winsted 43520: Truform Side Panels (LH, RH) 1 480.31 1� 480.31T S43546 Winsted 43546: A) Endurance+481.79 481.7cfT S43546 Winsted 43546: B) Endurance+ W/S 1 481.79 481.79T S43546 Winsted 43 546: Q Endurance+ W/S 1 481.79 481.79T W6469 Winsted W6469 Pole Mount Phone Tray 2 171.00 342.00T' W6491 WinstedW6491: Articulating Ann Mount 4 325 * 54 02 1 3.16T 43009 Winsted 43009 19-1/4 Rack w/Plexi Door 3 955.00 2,865.11T, Winsted Installa... Winsted Instaltation/Instaltation Services 1 4681.201 4,681.20 FREIGHT Freight /Shipping 1 1 435.03 1,435.03 Presented by Dave PaIguta Subtotal $16,925.02 All warranties as per manufacturer's written warranties. Digital Video Group, Inc. retains title to all equipment until final payment is made. All returns are subject Sales Tax $. to restocking fee. No retums out return authorization number. By signing below, I and/or the above listed company agree to purchase the above listed Total $16,925.02 equipment/services from Digital Video Group, Inc. Price does not include shipping charges. Accepted By: ......... . . .............................. Phone # Fax. # E -Mail Web Site 804-569-0257 804-559-0017 dpatSuta@digitatvideogroup.com www-digitalvideogroup.com ...... . . .......................... Page 752 of 1471 Boynton Beach Utilities 124 E. Woolbright Rd. Contact: Juan Cu to Phone: 561-742-6437 Cell: Email: CuestaJ@bbfl.us � 37 42 q'M IN 0'� IN Boynton Beach Utilities 124 E. Woolbright Rd. Boynton Beach, Florida 33435 it, Line Part I'M L h I CTL -SB Bass frame starter bay 19" wide 1.0 1,475.00 1,475.00 1,327.50 1,327.50 2 CTL -RB Base frame running bay 19" wide, includes long foot 6.0 1,250,00 7,500-00 1,125.00 6,750.00 and 1 stanchion 3 CTL -SPP Thermofoll side panel. pair 1.0 62&00 628.00 565.20 565.20 4 CTR -L Countertop per linear foot (laminate or linoleum) 15.5 97.00 1,503.50 87.30 1,353.16 5 CTL -Cl Counter infill 20 314" wide; Finish: Laminate or 7.0 98.00 686.130 88.20 617A0 Linoleum 6 NS-LCK-BASE-DR 1/4" Penolic door with lock 14.0 180.00 2,520.00 162.00 2,268,00 7 CT -CPU -S Pullout CPU shelf 25" 7.0 224.00 1,568.00 201.60 1,411.20 8 FP -7500 Articulating monitor arm, long throw, can extend out 4.0 325,00 1300.00 292.50 1,170.00 to 21 ", for up to 27 lbs, VESA-compatible LCDs 9 PS -2015- 20 outlet / 15 amp, 120 volts power strip Type B 2.0 182.00 364.00 163.80 327.60 plug,9 it cord edison term, 73.125" overall length iml�m CONSOLE LIST. $17,644.50 CONSOLECOgr $15,79D.05 10 « C-INST Install by Client 1.0 0.00 11 , BW Shipping + Handling (Blanket Wrap) 1.0 1,543.00 PAYMENT TERMS: APPROVED: NET TOTAL: 50% deposit on issuance of PO: $8,666.52 Name: Sales Tax: *Use Tax Applies Prior to Shipment: $8,666.63 Sign: $17,333-05 Date: TBG consoles Is author�ecl to collect Sales Tax h NY & CT. Please file and pay any applicable sales tax as a use tax in all other states. For client projects being delivered orinstalled in NY or CT, provide Ex pt Use or Resale Ca este. ff you are unable to provide, sales W is applicable an all goods, services and project related mats. Page 1 of 2 Page 753 of 1471 TBC Project Number: :111' MANUFACTURING LEAD,nME- 7 - 8 _ i, NOTES: Duration noted Is approxknote based on TBC's current production schedule. 'Actual ship date(s) will be determined after receipt of PO and approvals. �Dell��ffje to Vo in dc gir Ifedlity Is in addition to manufacturing lead finter, TERMAAN—D 9MNPJPQNS 1. This quote is a contract once to Buyer issues a purchase order W to Rams listed above, receipt of which Implies acceptance of all terms and conditions stated below. Unless extended, this quMlon will expire sixty days from am date of the last revision. 2, Returns and LENPitalions: All products, unless otherwise specified, are configured to Buyer's specAcations and are not returnable or refundable after receipt of Pu se Order. 3° Freight hirxnanis: A'Limilied Moses fea' of $95M YAP automatically be assessed for deliveries to any destination which requires drivers b 'sign MP or alert security. orfor any dock or delivery restricrion. Deliveries will be assessed an additional $100 N lift gate service Is required to load and unload a shipment when "Ing docilm are not available. Inside delivery is available for a $75 fee to bring the freight through a door. Inside delivery does not Include dapallatizing. transport to elarvators, or up flights of stairs. TBC Is not responsible if the freinhi pellets cannot fit inside the doorway. Residential delivery will be made to the building around floor entrance, carsne entrance or carport end is 4. This shipping method, when applicable Includes wrapping in whon shipping blankets. Each Rom is tied using customized straps and logistical tle dwvne in the truck cargo area Rate Is based on capacity to accept a 53' trailer at the prolad site. Add $450 to the rate quote if the project site cannot accept a 53' trailer. 5. Dg1hi2-and Jia0SUPm., Includes wrapping, pelletizing and packing of all trucks, and freight containers as required. Shipments within the continental USA will be F.O.B. origin. Intemational Commercial Terms are handled on a case-by-cass basis. Shipments to certain destinations can only be provided EXW. 6. lailillEglim, This service, when applicable, includes mechanics on site to unpack assemble arvd clean-up. Union labor requirements are subject to additional fees. 7. Ugsilgill + proilicl Management: This service [a assessed an projects requiring oustarnization, detailed review drawings. or specialty clesignimernagennent, B. IgM andfityi For projects being delivered or Installed in Now York or Connecticut, Buyer wig be charged all applicable sales tax unless a valid Tax Exemption Corlificate or Resale Cartificate is produced or an file with TIBC prior to shipment. R buyer is unable to provide a Tax Exemption or Rawls Certificate then sates tax is applicable on all goads, services, and projed related costs. For states other then NY and CT, Buyer shall be responsible to file and pay all applicable sales tax as a use tax Buyer shall be responsible to file and pay any non -U.S. tax and "es as well as customs and broker fees assessed horn transfer of title, sale, delivery and Installation. 9. Irdelleclual. Buyer ackriewledgas that the patterns, designs, construcrions or assembly of merchandise may be covered by applicable patent, ghl, trademark, or other law and agrees not to copy or cause to be copied, dire* or indirectly, any of the patterns, designs, construction or assembly of said merchandise. 10, tore e• Buyer's inability to accept merchandise within 30 days of agreed -to delivery date will result in storage fees assessed on the total project cost not less than $250 per mo 11.W& TSC Consoles warrants to the original purchaser that as products are free frorn defects In material arid workmanship. TBC will repair or replace, at its discretion, any of Its products found to be defective pursuant to the terms and conditions of our Limited Lifetime Warranty available at Page 2 of 2 Page 754 of 1471 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161429 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/22/16 SHIP TO: TO: TI ELECTRIC USA, INC. City of Boynton each 2724 SHAWNEE AVE EAST UTILITY ADMIN WEST PALM BEACH, FL 33409 124 E. WOOL IT ROAD BOYNTONT BEACH, FL 33435 EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCUREMENT SERVICES: w cigay • age v I a 1 I -a i in I 0 LM NNN A hil H LOWK) (a CD -4 J H PF0 �10 Hq OW(A 0 0 C) H Z C300 000 to A 0 Ln:d ON z LIJ w q H � U H til w n ED i2l Ll w H to wn-4 Ono I M 1-3 90M 90M 0 :w 0 00 Cwh 00p<i 17q Li 0 H q 10 H 1 ,02 10 q 9 0 0 q 0 Fj M I H �3 z a 1 ®u F4 0 H ....R !4 W 2 �u w V tzj W 99 HIO 2 cc! w (i vd H tq PU H H to lu w w PC 03 I Cfy H VH> PVHZ zo 9 1-3 pq Rzt� 0 ro H H R. q z f7 h1 f7 W W ii M In WDM In H M H L� H In 0�am Oro z Pd PU HMH H W ww�3 m in ti (WD M LQ po I W w I Lid to w 10 DI 0 PC )0 z HH a u w H 0 H> EQ O1 6'1 I F3 :4 pu H 1-3 H 0 0 z jo M 0 :01I AH H w H H I H14 0 0 0 ih1 w C) Z H co C3 GO 1 r t" 0 M H fn P-3 01 q W F3 w Li W 0 iNP w i rn Li : w 0 23 NZ q t:J 9 0 F4 ui 0 1W m Li 1 5S to 0 H age '5�of 1471 Explanation for Purchase - Steel electrical panels for Lift Stations so that maintenance crews are able to view the status of 'breakers and starters without opening cover. lRe—commended Vendor TI Electric USA, Inc Three Written Quotations LXLJ GSA State Contract PRIDEIRESPECT SNAPS Sole Source Piggy -Back L --j Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. �Fund Source for Purchase: 401-2816-536-!5a - Form Revised 02101102 Date Date Date Date 1-Izz j 16 Page 757 of 1471 ntr l n l r ® so that crews can view control panel wit cart having to open "t Prig seri tion & Part Number vsla ar° I s rrr° lr Lilt tlnsa Basic 0bJ Amount `OTHER Custom fabrication, INFORMATION: laic ate: 8111/2016 ASAP ddrs: 2724 lea Svc coon Date beaded: 9/01/2016 Confirm . Is for Lift Stations "west Pahn Beacb, FL, 33409 wast. Rel. El ASAP/Conf, 162.1733 ea Carbon steel back panels Distribution El BACKUP s. I, s 973,04 SUBMITTED: Co n ct: Lab uotc crb l Admin 'Cl JZ 2816 536 aver $500) 24,279.61 Phone: 561-686-3928 Purnping ' 1 EJ over $2000) FAX: t. El Bid Docs. D W. WTP 42 El "vendor No.: 14135 PWOPS. El Sole Source L,tr. El P/U 99 El INITIATOR: Ricardo Urena Sewage InsuranceSpecial Instructions: _aMu cats: APPROVED: Projects: Page 758 of 1471 "t Prig seri tion & Part Number Fund Basic 0bJ Amount 3884.4286 Custom fabrication, 6 stainless steel electrical 23,306.57 ea Is for Lift Stations 162.1733 ea Carbon steel back panels 973,04 TOTAL 401 2816 536 24,279.61 Page 758 of 1471 U,'n 17 �7 Phone (561) 742-6400 FAX. (561742-6298 QUOTATIONS ITEMS REQUESTED: Custom fabrication, steel electrical panels for Lift Stations ATTACH THE ABOVE QUOTATIONS TO REQUISITION AND SEND TO PURCHASING D,PT. Page 759 of 1471 BUI To.- Ship To, City of Boynton Beach FI 'a City of Boynton Beach Florida 100 East Boynton Beach Boulevard 124 E Whollbright Road PO BOX 31 Boynton Beach, FL 33435 Boynton Beach, FL 33425-0310 Customer ID- 101632 Requested By: Sylvain James not"- GEORGEC DANIAS SUBLTOML.k, 24,279,61 TAX. AMOUNTDUE.- 25,736.38 U.S. Dollars Page 760 of 1471 WEST PALM BEACH, FL i �1S -� s� i�,-• l' ;:.. (+} t:s it{ �{A %�� i s, `Ili ))`�ilit i � ,,� l�s COVERHINGE MODIFIED. DOOR ! HAVE CONCEALED HINGES AND SECURED WITH WITH EXTERIOR7) PROVIDE GROUND AND BONDING PROVISION. !Oa' SHALL OPEN 180 tr 10) ENCLOSURE DOOR OPENING TO BE DOUBLE FLANGED TO PREVENT WATER FROM DOOR OPEN. 11) INNER ■lig CUTOUTS PROVIDED 12) EXTERIOR AND INNER DOOR TO HAVE AUSTIN STANDARD DOOR I-Ife);F314! • Exceptions: 1) All products to be Austin Enclosures design and construction. Wa. issued a HOLD FOR RELEASE order. An engineering fee may be charged if the order is cancelled. Fee will be a percentage of order total depending on the type of product. 3) Austin Enclosures will provide enclosures and panels with modificatinns specMed in this quotation only. Customer must provide all remaining 11 Please fax all - ! r' •! w f ! * i , ; t t' 7 t 1 N 3) This shipping cycle does not include the time necessary for the transmittal and return of approvaldrawingS, when lit 4) This quotation is alta for i days fromdate issued. Terms: 1. Freighi allowed shipments of $1500 net on common carrier within the continental United States excluding 2. Payment terms are net 31 days fromf date. Standard3. li!suTes terms and conditions apply. 4. r,.13 ■ Quotation By. Jeff Wagoner (Custom Products Specialist) AU ma- W"— i#0-288-2851 ExL 234 Fax: 336-4684128 &-mail: jeff@austlnendosures.oDrn �':' Page 761 of 1471 Quotation: Q-0160038 (L F=KZ MwEady CLECrOMAL INT"RA-TOSROGGRO Sirs, Utilities Department City of Boynton Beach Boynton Beach, Florida 33435 Phone: 561-742-6492. Attention: Ricardo Urefia, d9ft-U0 �-ZAF!W&affi REFERENCE: Ovwji 11 - 9) Dear Sir, Energy Electrical Integrator's Corp. (EEI) has the honor to present its commercial proposal to supply 6 panel enclosure, according to your specifications. We hope our proposal is in line with your expectations. if you have any doubt, please do not hesitate to contact us and we'll be glad to clarify it. 7� = . 61 . - jrAr4rg*-,fj G111"Im - - Detas de contacto: jos6 Vicente Gonzalez. ices .ion zalei eeico D --u s Page 762 of 1471 -rECHNICAL and ECONOMICAL OFF51": DESCRIPTION: The enclosure is brandNemaEnclosures 1 Manufacturing. ,. 1 J f f ! • 1000 N-F A 60" f f LISTED)508 STAINLESS FLOOR MOUNTENCLOSURE WITH/ CONTINUOUS PIANO ON LEFT SIDE OF l I TURN LATCHES ` DOOR CARBON •ACK PANEL ` HINGED PANEL POWDER COATED WHITE / DOOR STAY I 0 •. 1' / STUDON COVER ! • 1 COATED THICK.750 WIDE GASKET/ ENCLOSURE POWDER (#PWS8-CO02S Rocket AND OUT 10GA ' , ATTACHED 1/4-20** GASKETED, BOTTOM SCREENED LOUVERS PLATES ON SIDES Quotation: Q-0160038 This price included freight to your warehouse in Miami, For this panel, we use our standard powder coat which is (PW8-00025 Rocket white). Page 763 of 1471 commercials terms: A. pAYMENT.. For items listed in the table price quote, apply the following terms of payment: I. 100% - With the Purchase order. transfer to the current account indicated by Energy A ot be di's-pac e� Electrical Integrators COrP- ff for any reason the merchandise cann when finalizing its manufacturing Process, Energy Electrical integrators send to his cargo handier this merchandise and charged storage costs involved, as well as damages that may occur during storage. All products offered in this listing are considered as a single package and sold as one package. To purchase a product separately, please indicate as soon as possible, and issue a new quote with the selected product. a. TERMS OF DELIVERYI TIME DELIVERY-': For items offered, apply the following conditions and delivery times: Item Engineering and Drawings 8 - 12 Business days after receipt of the purchase order and canceled the first payment. Page 764 of 1471 15 — 20 Business days EX WORKS (INCOTERMS 2010) from the approval of the drawings and engineering 5 Business days to deliver the equipment in CPT Condition (INCOTERMS 2010). Total: 8 Weeks to Delivery CPT Conditions (INCOTERMS 2010). C, WARRANTY.': The warranty will be valid for 12 months from the day of shipment of the equipment. The warranty shall be satisfied when the equipment is used under normal conditions. The warranty covers manufacturing defects. Damage from misuse of the equipment is not covered by this warranty. D. PACKING, SHIPPING MARKS-' Packaging is done according to the o p established by the manufacturer treserve the integrity of the equipment. Brands and shipping instructions will be madt according to the established by the applicant. E. TERMINATION OF CONTRACT. The proposed Energy Electrical Integrators is based on the leaves of guarantees given in our technical offer. Any changes required must be done before placing the order. The conditions for termination of contract are as follows: 0 10% penalty after receiving the purchase order, manufacturing not started. 0 30% penalty after submitting plans for approval. * 60% penalty after having returned the approved plans. Work published in the manufacture and shipping. o 80% oanufacturing time EXW- a 90% penalty after covering up tf the rn 0 1% penalty after covering more than 80% 00of the manufacturing time EXW- F. VALIDITY OF OFFER: This offer is valid for 30 days. G. CURRENCY. Prices are expressed in US Dollars (USD) - Page 765 of 1471 CED 4067 NE 7TH AVENUE FORT LAUDERDALE FL 33334 USA 9954)668-96r— p QUOTEFOR: CITY OF BOYNTON B'C"Co ACCT: EE -20500 CiTY OF BOyNToN BEACH YNTON BEACH, FL W"S TEL: IN QTy pRWLjCT CODE 01 6 AUST -6036165 004 02 6 AUST AS-6036TP 03 TAX AMOUNT 1494-00 LIOTE # 0491515 08/1 ""'1/20115 NOTEEXPIRE ozozm p UST UST PO a ITT STATION osNAME Page Lo f I 4000-00 E 24000-00 150. 00 E 900.00 TOTAL: 24900.00** !71,,,,,!-..ITTn�r-,ITTvpnpR/APnDataLocal/Microsoft/Windows/Temporary%20Intemet�/`,2oFip.agOlIM)tI 1471 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100 EAST BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161431 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/24/16 SHIP TO: TO: NDI RECOGNITION SYSTEMS City of Boynton Beach 105 FAST STATE RD 434 POLICE DEPARTMENT WINTER SPRINGS, FL 32708 100 E. 130YNTON BCH. BLVD. BOYNTON BEACH, FL 33435 EXTENDED LI NE# QUANTITY UO M ITEM NO. AND DESCRIPTION UNIT COST COST 1 18002.50 DL I-VERIPLATE 4 CAMERA MOBILE BUNDLE PROCUREMENT SERWCES� imagam 113 1000lumm W.-Tsr#3 1 Wo age 471 0 P4 W u H O a C) 0 Ln 0 0 LA a C� LO lib N co lw A N d C) H 0 CO n C3 la z co r 0 r4 H H cra cxN w P4 OC. 0 ri �I H N L+1 0 0 o � o aw . b!h W 0 v FAN z H sm z li tv ro H a 0 Date: 8/9/2016 I W %equesting Department: POLICE Contact Person: SNOW1ZELLER Explanation -for Purchase: '- - This is for the purchase of a VeriPlate ALPR License Plate Recognition System. This system will allow for the capture of vehicle license plates for the purpose of investigative leads and the ;identification of stolen and/or wanted vehicles. Our department has been faced with a 32% increase in auto burglaries and a 35% increase in auto thefts this year. This system will be instrumental in combating these rising figures and obtaining the necessary information to complete criminal investigations. Source for Purc se c c and aftach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source 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 oDTtra.-j�t. - — --------- — Fund Source for Purchase: Approvals: Page 769 of 1471 NDI Recognition Systems Boynton Beach Police Department 105 E. State Road 434 4 -Camera Mobile ALPR System Winter Springs, FL 32708 Attn: Asst. Chief Vanessa Snow Toll Free: 866-458-0426 Email Lsn_owvgbbfl.u. Phone: 561-742-6116 BUND -4 Cam Mob Installation 1. VISCE ALPR MPH" included am Included included On -Site RenewedC 16% of 6.40 Support Annually Capital in Year 2) Investment VP-Pred Included 4191 loll or. I 11111F.141*4"d 111glip — - - — ------- - e 770 of 1471 . §100MI00 Comprehensive user training (up to ten trainees) is included at the time of installation and will include camera operation; hot -list management and VISCE back office functionality. NDI will also provide at "No -Charge" periodic scheduled online web refresher training for up to ten (10) attendees during the 1' year. (Agency may attend up to any 3 sessions) VI �E- 1� 17 S ;R5K-j [Igp1b Mobil ins, I�ifrti5 The VISCE back office software will be remotely installed by an NDI software engineer in cooperation with the agency IT department at the time of installation. (See NDI's Server Requirements) Unless otherwise specified, mobile installation to take place @ NDI in Winter Springs, Florida. Agency/ Client to provide NDI the Vehicle Make, Model as well as Light Bar Model in advance of scheduling installation. Lead-time from receipt of order to installation is typically 4 to 6 weeks unless otherwise agreed upon. Nyment., NDI will invoice for the hardware / software when shipped from NDI's offices in Winter Springs, Florida and all warrant will commence on that date, regardless of installation date, in-service date or go -live date. All payments are due on receiI t of invoice. Installation fees will be invoiced and are due as incurred. All Prices are in U.S. Dollars. Fees and priCE are exclusive of tariffs, duties or taxes imposed or levied by a government or governmental agency. Annu I:R'e_x`_ bl d Provided that the Agency / Client maintain a "Gold Level" active annual support agreement all software and hardware, including travel related expenses, will be covered by on-site repair and/or replacement. Should an Agency / Client eleci to NOT maintain an active support agreement, NDI will charge a daily rate of $1,250.00 for on-site support, and Agenc� Client is also responsible for any parts as may be required. An Agency outside of an active support agreement may also mail in parts pursuant to the annual support agreement for repair in lieu of the on-site charges. In Fixed / Static installations the Agency / Client is continually responsible for ensuring that a properly established and maintained electrical connection and internet connection is available. Nbl's've l,PIAd'A r nkM V40 Oi)O,IkOOuireme;i."(M.6biletr� .9�* j!(dodss r �9 dtt§o) The laptop (supplied by your organization) is linked, via an Ethernet cable (Cat5), to the ALPR processor in the trunk of the vehicle. Using this hard wire connection, a link is established between the VeriPlate software on the laptop and the trunk -mounted system. While all of the actual ALPR processing is done in the trunk, the system operator views and manages the system from the connected laptop. I hotlists and upload captured data. Page 771 of 1471 rdLqs • Laptop Requirements: ■ 1.5 GHz minimum or high • Memory 2.0 GB RAM • Hard Drive 10G6 free disk space Operating System Windows XP SP3 (Windows Vista is NOT Supported) Microsoft NET Framework 3.5 SPI Ability to install VeriPlate software Ability to install DirectX 9 (if not already installed) Operator's username on the laptop must have "Modify Access Rights" to the "Program Files" folder in order for the operator to run the VeriPlate system. Internal NIC IP address must be set to 192.168.lx (NOT DHCP) NetMotion or other VPN/Security software must be set to allow all traffic, on all ports, to and from IP address 192.168.1.1 (the ALPR processor) Must be able to access the VeriPlate Application Server over the wireless connection using ports 20200, 20201 and 20206 • *Firewalls, Policies and Security Software MUST allow the VeriPlate Client (installed on the laptop) to access BOTH the VeriPlate Application Server (via the aircard) and the ALPR processor in the trunk (via the Ethernet cable) • *The appropriate network/security settings MUST be made prior to the installation and someone from your I/T group must be available during the installation. NDI' tri LR Sy$keL Sjkryig kiqu Connected to Daytona Beach PD / Volusla LE Agency Shared Server Page 772 of 1471 mul r: t a A� L 5. b . 4 ,. r L T4& 14171 A 431 Z7 S Nab ��a� ars�r ® Tp s vft6y e rza #- L e a r r webi Page 773 of 1471 0; rdlas Nul MOIN'llmi lliIM95 3 S7 van An'SiNAPAAAMAl PGWW OrKjka UO wMJ`3r.lwS potbw Se" Fast tUFl.4—"PwtI Hold caniftaca"Pactal's IN Lfflbtkbg an 4fftdComi7 puassorthavpsmjapft inputs frLmn up to fimm C4)laluarLPR zwnier�The,VP piximmmar avid can use a own engine w kwate idales and Inutipwet Oviem into ussI d&UL their ks1011aCe iidt- 0 TROM -91 hd d'i— dUF-wdal&- w vvans cm c4m& this dists, mcgimarisr any nLmber of hadISIM OF . Of*m S*fwmm- Um2t TbLeVFPMeejasYSUnn*rS WItinahs (A duxW cionnemiI CaPI of up hi 2 13? ""we bw local fline-stamped UnsI aaP3c vs, ptacessaw a star ispe vAth am rejewaint metwLisa, uwlailsig C.PS amoccUnmas, the interpwmiad plaw mend, a 0 sm—aa- P.— LmjISrsaasidinttiie, and gi�m- mcallI may be �mly slamd aM mamged )l by misrect vennecdon ID awv�;"assid senske y new-aco k a moged p"Isingfineemd to Withstand the.Qs I env-90"ImcnaL and demanding mptlii- darm FuLaid in wakIldims. ... w Page 774 of 1471 _ ,; €q -5e - 74 �t 4 bk T iiISYPI�UT r F ixa n €t ar s,in ; 'PRIVILEGED Page 775 of 1471 v NDIFs FLORIDA CUSTOM, ERS -MadwaCCUAV Sher s Office * tiath Mono aeo-b Poke Npaitnient ¢0kech*hm,&uhtVShe1lfT10ffim momfosponaxparkeDepaiwed - ventura W1 q Gi Gdeuda klke Depanrneot 3 FYdo-Onome owy BF B h'o, 41_e p` t Averaula PekeOppartment 8otward. CountySeriife Office �i3F� t4 C4Flr9t Sf i S 4 09OW13 COUnte ids OffFpt . im @] F IAirport JPBSGJ ' '".. � e «'Cam - Countyt flct CoralCounS er a im hC, y5 ms's Office € r r` ;T pa C a3 'prhf4-. dit . prim qt4 185 3 4- _PK_ $Sti w rty BfKh Mine Deputment . palm awnShy Departraent celnecfmt WhoDepartment� +. qCountysbafft Ofte tcovNe PIDIks Departnam . ° 1kCounty Coon Sh rE `§ `c Fr�ddirasli ttse�at F&YW WghwWm i rttrfCarr _dal ° idA"l�Y 2ailtR+39kG' pa7tn'r r�3 v : fes& State UnFmvrAy polkv owartoor"t gnnbTdi ii ri td d eGeo Nor '$Y fid'€ tlR'@, Cilie Far2rPatnt ' * S2F �tadrShs i,,F�caR n Li aiftya!' eF u e Serwqcz Ponca Calrartineal ` * SeullnuleCowlyShwiffsOffice w ^ a-�C�3tti5t FnYitffiS HqkUndsCoQAtySheffs0ffiM ` .Seminole CountyJost e Center a mil - FS9 `11Pa@ DnVurtmemk ValogirofTetpeito Police DOPirtmest Poke - rtnerg t a • ' j d 1m0ep&w'taS *&t gLake if attfuent -WmwHmat, WintertletkNkcNpa+tmeaat : Lake City Men, DepadAlint La dd i the S-ifiva-FdCaunt&oa i L h use # last Pofw De rt t b Longawd Wke De rt—atd Nanswan pokall1aparwWRI, no JimdPiollo,De rtMtM rtTn ceunry s .` 's Me i - dks faartaraent korner Polk* rtment sbroMoffice _ ,; €q -5e - 74 �t 4 bk T iiISYPI�UT r F ixa n €t ar s,in ; 'PRIVILEGED Page 775 of 1471 R June 30, 2016 U 0 r i P I a I e "r**J WM PI" RKV Assistant Chief Vanessa Snow Boynton Beach, FL 33435 RE: Sole Source Memo for VeriPlate ALPR (Automated License Plate Recognition) Fixed ALPR Solutions This is to confirm that NDI Technologies Inc., a Florida Corporation is the designer, developer, author and sole source of Supply for the full range of VeriPlate Static, Fixed, and Mobile ALPR solutions, as previously demonstrated and now in current use by the Delray Beach Police Dept., Tequesta Police Dept., Manalapan Police Dept., Palm Beach International Airport Police, Riviera Beach police Dept., Palm Beach County Sheriff's office, Palm Beach Gardens Police Dept., Palm Beach Shores Police Dept., Jupiter islands Police, Palm Beach Schools Police, and North Palm Beach Police Dept. just within Palm Beach County, to name a few. (Sole Source) NDI's ALPR Back -Office solution known as VISCE, which is today deployed with these agencies is a proprietary application with an associated proprietary database. There is no known vendor in the industry that can send, receive, store, transmit and/or query NDI's proprietary database. NDI, and Only NDI can provide additional ALPR cameras and ALPR processors thatilities for can seamlessharing sly integrate with these other cities ALPR database and allow the City of Boynton Beach true data-capab interoperability of your ALPR data. No other ALPR vendor can integrate with NDI's solutions. ND1 does not provide any interfaces or custom scripts for any vendor other than NDI to access NDI's proprietary VISCE ALPR database. (Sole Source). Additionally, N01 is the ONLY ALPR vendor/manufacturer, whose US Corporate HQ in Florida (Winter Springs) whose Regional Manager resides in the Tri -County area (Palm Beach County and a Retired Florida Law Enforcement officer), and who has a mobile, Technical Support Engineer residing in the Tri -County area (Boynton Beach), NDI is also the ONLY LPR vendor/manufacturer to have a 'brick & mortar," support office located in Broward County, which is specifically in place to service our customers in the Tri -County area of Dade. Browardo and Palm Beach Counties. NDI-RS's entire suite of ALPR products are based on a proprietary and entirely unique neural network recognition engine called Talon. (Sole Source) NDI-RS is the only ALPR provider offering Neural network technology which is superior to any template based optical Character Recognition (OCR) ALPR system, offering significantly higher performance and accuracy, (Sole Source) A competitive differentiator that continues to support the Sole Source purchase criteria and separate NDI Recognition systems from all other industry offerings is our VeriPlate "PREDATOR" and VGate software advantage which includes our unmatched CAD (Computer -Aided Dispatch) integration module (any CAD system, Including Boynton Beach's CAD system) allowing for a Single Click " Jive Check" (Sole Source) with the push of a single button, providing real time access to Hotll5ts and Dynamic Dispatch pushing up to the minute intelligence to the Officer. The LIVE CHECK feature is the ONLY LPR Interface allowing an officer to check any registration/tag v10 NCIC, State, and local databases in REAL TIME. (Sole Source) Adam s. Black, CPP 954-605-6s6g/mobile g.black2ndi-rs.nel NDI Recognition Systems Toll Free: 866-458-0426 1 nc; r: State Road 434, Winter Springs, Florida Page 776 of 1471 Page 777 of 1471 Zeller, Matthew t•® Solomon, Doug Sent: Monday, August 15, 2016 916 AM ® Zeller, Matthew Subject: ALPR Proposal from NDI Capt, Aswy[a&-v- Plate Recognition from NDI, this is what makes this product unique from other ALPR systems on the market. 1. Veriplate ALPR works in conjunction with the Daytona Beach Police Department to store all the license plate data captured. This allows us to share/access all data captured by over a dozen agencies in Paim Beach County. While there are a few ALPR vendors that use this model to store data, none have the local presence that will make this product effective. NDI is the only vendor storing/sharing data from Palm Beach County agencies. 2. There are other License Plate Recognition systems that would require us to install our own back end server and database to store data. Not only would this cost us more money (specifically SQL Database and Software Licensing), but this configuration would prevent us from sharing and accessing data with other local agencies. Page 778 of 1471 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 100»4 « BOYNTON BEACH BOULEVARD P.O. BOX 310 P.O. #: 161441 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 08/26/16 TO: THERMAL CONCEPTS INC. 2201 COLLEGE AVENUE DAVIE, FL 33317 SHIP TO: City of Boynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BO TON BEACH, FL 33435 EXT 42» LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST PROCUREMENT SEWCES: agwamm )& I P.O. TOTAL 39295.00 W 1p I N H I 1p R W I iV 04 mI `1 1 Ib coI 1 fai 94 ra H 1 1 I Q ! 1 1 } 1 1-7 I 1 Q 1 1 1 1 1 I I 1 I 1 1 / H t O 104 i U U 1 trt I � H N 1 � I M ! I 1 W 1 [% 1 N HU) I b CJ r O M (J 1 d B� I O I N W I ri inon r i cn O H Cw` 1 HI 4W 1 H 14 Dqm Q I DQ Q i W 1 Pa U} 1 1 1 i I � 1 I U , [ I H I Ci I Vf H rn 1 C4 W aHt H 1 %ti 1 H H Hz H W V3 }a 1E ON U I M V 1 r m 0z ,,pp 1 ld :Iq onV H U IrdA E4 0 9400 U i HEU H C!! 1pad 01 0I q'UU] 1 B� 1 H I I 1 1 1 1 I I � 1 1 ! I ItY t81 i 1 In iT Y I {'� (� 1 I M M I [ I 1 1 1 1 7 1 1 1 1 1 1 1 1 � t � 1 1 � 1 7 H 1 o-1 1 1 I 7 1 I U 1 Q 1 I H 1 1 I N L i 1 1 [J r is H rd .0 Uv H 04 Who c 1 I H 1 I I Ea 10 7 1 U 1 r U E4 1 l a' I I i t W Ed1 1 1 1 [ H 1 Ew � H 1 I 1 H U i I H 1 i 1 1 1 I � 1 Q 1 1 Ln 1 � 1 1 ,°i 1 I N I Cf 0 I 1 t 1 � I t I Page 780 of 1471 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $ 10000 Date: -.10/6 Requesting Department - I Explanation for Purchase: Contact Person:, &,41,� lflOoT4:�; lRecornmended Vendor —I.*-4a0wdz- e0ow4egors cod 11TIMMIM11 -01171ruy Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy -Back Budgeted Item Emergency Purchase her EM Contract Number: NOTE: Pdclng proposal for purchase must be presented in the same detail contained within the contral Fund Source for Purchase: 4v4- I d qdled'�l Page 781 of 1471 Is -sided t Collated & Stapled ! j L-] Copy Work — Number of Copies: Dou b Distribution: transcriptionMXe from the attached I Pay Req. x.q forattached Vendor r Person to be reimbursed: (overQuotes.� u Bid/Other Entity Special13 OTHER: Instructions: Request COMPI DY; pleasesi ' i r � 4r-ornments l Page 782 of 1471 Stuart Office Main Office 2497 SE Dixie Highway 2201 College Avenue Stuart, Florida 34997 Davie, Florida 33317 0: 772,220.2365 0: 954.472.4465 F: 772.220.2273 F: 954.370.6410 Miami Office 444 Brickell Avenue Miami, Florida 33132 0: 305.940.0381 F: 786.391.3689 We propose hereby to furnish material and labor, complete in accordance with specifications below for the sum of Thirty -Six Thousand Seven Hundred Ninety -Five And 00/100 Dollars. REPLACEMENT OF #3 12 60 Trane unit COND Model RAUCC40EBY Serial C07 00552 1515111111 Qcflku� 1. Perform proper recovery procedure of existing refrigerant based on EPA federal regulations. 2. Provide labor and material for the removal and proper disposal of old condensing unit to include all related materials. 3. Provide labor and material to install new Trane RAUJC40B condenser to include proper tie down hardware andrelated installation materials. 4. Provide labor and material to properly evacuate and charge system with new refrigerant R4 1 OA and add refrigerant as required to bring system within factory charge specifications. 6. Provide system flush to prepare unit and line sets for new refrigerant conversion. 7. Provide system function check and start-up to ensure proper system operation. 8. Provide crane service to lift condensing unit in and out of area. 10. Manufacturer's part warranty; I year parts and 5 year compressor. Thermal Concepts Warranty; 90 day labor up to I year craftsmanship warranty. 11. Work shall be performed during the hours of 8.00am to 4.30pm, excluding holidays and weekends. 12. Estimated Lead time normal fi-eight is 7 weeks plus I week for coil coating. 1` !p additional $2500.00. I 1� 1 �Ilpjqjjll�lpjqlqliil 1111;lIpil 'I I'll'' I'll 11111, 1I 11111; ,1,,s Page 783 of 1471 PROPOSAL. 00011030 CLIENT- City Of Boynton Beach Fire House #3 100 E Boynton Beach Boulevard PO Box 3 10 3501 Congress Ave Boyn -,12RBeack F1 33425 Boynton Beach, F1 33426 Phone: 561-742-6323 Fax: 561-742-6316 CONTACT: Gail Mootz We propose hereby to furnish material and labor, complete in accordance with specifications below for the sum of Thirty -Six Thousand Seven Hundred Ninety -Five And 00/100 Dollars. REPLACEMENT OF #3 12 60 Trane unit COND Model RAUCC40EBY Serial C07 00552 1515111111 Qcflku� 1. Perform proper recovery procedure of existing refrigerant based on EPA federal regulations. 2. Provide labor and material for the removal and proper disposal of old condensing unit to include all related materials. 3. Provide labor and material to install new Trane RAUJC40B condenser to include proper tie down hardware andrelated installation materials. 4. Provide labor and material to properly evacuate and charge system with new refrigerant R4 1 OA and add refrigerant as required to bring system within factory charge specifications. 6. Provide system flush to prepare unit and line sets for new refrigerant conversion. 7. Provide system function check and start-up to ensure proper system operation. 8. Provide crane service to lift condensing unit in and out of area. 10. Manufacturer's part warranty; I year parts and 5 year compressor. Thermal Concepts Warranty; 90 day labor up to I year craftsmanship warranty. 11. Work shall be performed during the hours of 8.00am to 4.30pm, excluding holidays and weekends. 12. Estimated Lead time normal fi-eight is 7 weeks plus I week for coil coating. 1` !p additional $2500.00. I 1� 1 �Ilpjqjjll�lpjqlqliil 1111;lIpil 'I I'll'' I'll 11111, 1I 11111; ,1,,s Page 783 of 1471 Labor 5640-00 1 EQUIPMENT. . 1 Ili COIL COATING11 Est City Permit and Tie Down R 1,250.00 0 11 Therml Concepts, Inc. Proposal Page 2 of 3 / q ✓ , QED uv ale existing electrical 2. Any work/rcpairs to inside equipment or componentsto this system is not d 3. Any other work or so -vices not listed in the above proposal. W-Inmr-71TV "If building) 11111111111 r1t 11 IIS is " lli Ace nce of rc csa s ossi m, be withdrawn if not aC Dkd b Se tember 3 , 2016. The above prices, specifications ,; accepted.conditions are satisfactory and are hereby You are authorized«o the work as dc:d A .- Vr I a :-1 �/.? & Date of Acceptance I," TE S & CONDITIOM- G Account Manager Signature p 6 _-9 16 / �qj Printed e er Wer this Pmposal becom due and payable. a T# '. 6.Both es R"WA i i c. r i4n.4 vii NA 00HIRTi collection legal;on shall be filed within the countywherein the workperformed. f� {1 F L If 11 1 lY I 1.� 11% } p. 1 le 11 ,I1 Yl Customer Initial Page 784 of 1471 Thermal Concepts, Inc. Proposal Page 3 of 3 5. Thermal's responsibility under this Proposal excludes the identification, removal or abatement of asbestos, mold, mildew or other hazardous substances. In the event such products or substances are encountered, Thermal's obligation shall be limited to informing Customer of the possible existence of such materials. In the event that hazardous substances are encountered, all work shan immediately cease and shall not again commence until written documentation that abatement has been performed is provided to Thermal. 6. Thermal and Customer agree that the occurrence ofany ofthe following conditions which, without Radiation, might render performance by Thermal impracA ical, such as, but not limited W. strikes, ffres�, war, inclement weather, late or non-delivery by suppliers of Thermal and all other contingencies beyond the reasonable control of Thermal. Under no circumstances shall Thermal be liable for any special or consequential damages whether based upon lost goodwill lost resale prof1% work stoppage, impairment 1ther goods or negligence otherwise and whether arising out of breach ofwarranty, breach of contract, negligence or otherwise, (unless such negligence Is directly caused by Thermal) except only in the case of personal Wury where applicable by law requires such liability. But in no event shall Thermal's liability exceed the purchase price paid under this Proposal. I11 i II 111 1� LF_it-�-_,1 i l 1 _ .14., T"BUIFI-Ap / II li l 111 iI. l "_LU_ -1 -1:.i relates, exclusive oforfin ary personal property taxes assessed agabliffbermal. S. It Is agmst Iat fte Curt=cr tiYal a-Esu=c rcspimi�MHV x:Ed pay :a�, _t fae tl� elT.Cucal nFvcr failure, Iry !Dnw=__t 1_&rznsm _Tr of this Proposal. or required by insurance companies, state, municipality, or other governmental authorities. 10. Only the materlah speccally listed in the service details section of this Proposal are Included as a pad of the Proposal. Ali other materials andfor enuipmentxp,nl2""—ejtta&-toAw-_nald for - the ClistomM_ In addition to thdor performed by Thermal. Il. All work covered under this Proposal shall be performed during normal working hours, 8:00 am to 4:30 pm Monday through Friday, excluding legal holidays. 12. Nv additional worlL not NDL-CifiCRI I stated elsewhere in nil nni n if gtomer rior . . . . . . . . . . . . . . Ti KT47VAIT TrUWAW TT a 7M, WMI ri ITIM I 0 W M, F P TjT MAIMETA MAT MIMI, "I I I'll Customer Initial Page 785 of 1471 Quantum Mechanical, LLC SS HVAC, Plumbing and Sped^ conflactors Gail Mootz, Supervisor City of Boynton Beach 222 NE 0 Avenue Voynton Beach, FL 334235 Re: Quantum Proposal — it Station #3 40 -Ton Condensing Unit Replacement Gail, Quantum Mechanical is submitting this proposal for the scope of work associated with the replacement of the existing 40 -Ton air cooled condensing unit located at Fire Station# 3. For the Congfensing Unit &9plaqgment, the scope of work shall include: Disconnect electrical and control wiring from existing condensing unit Evacuation, demolish and proper disposal of existing condensing unit Set new 40 -Ton Trane Condensing Unit w/ coil protective coating. Piping. Routed above ground. Purge and leak check the refrigerant system Provide new TXV's, filter drier and sight glasses Reconnect to existing electrical and control wiring. Furnish & Install phase monitor Startup and checkout Crane & Rigging Proposal includes I year parts and labor warranty Our cost to complete this scope of work to is $40,550.00 We respectfully exclude the following: This proposal does not include bid or payment/performance bond This Proposal includes reconnecting to the existing temperature controls. Thim proposal does not include costs to upgrade temperature controls if devices and components are outdated V4 $1 PAI M. 81 A(!-1 Ph011c-/Fax: (688) 828 - 9821 jAILKSONVU L I WWw-q ua nt um11-ler Ila I lira koni •2�1 W %t FL Page 786 of 1471 cp ------------------- Quantum Mechanica Lr. L HVAC, Plumbing ond Specialty Contractors WIN AMAUTM include replacing electrical breakers, disconni�ct switches, or external starters/disconnects etc. The new pressure that R-22. As a result the indoor air handier may erience leaks depending on condition of coil. R@Pair of env existing * ing or coLnponen leaks will be Waired on T&M basis. COBB will be notffggt�� any work outside of 2F11 you. If we can assist you in any way, please feel free to call us. M= If the information herein meets with your approval, please sign where indicated celow and return a copy of this letter as our authorization to proceed. Accepted this day of By: Gall Mootz, City of Boynton BeacF VVEM PALM MAUI F hor ieiNm 0881,828 9b2l 7 ,Y A- , 1 0 F! 3""F -t ivww.cttientifniniecilatlicaIsom JALV,',,t1WLLL SuA 211' j 6. 3'J'A Page 787 of 1471 HVAC PRO I 2001 Seventh Avenue North Lake Worth, Florida 33461 (561582 ! (561) 582-3602 fax servioe@stokes.coffi ODRESS - 3501 N. Congress Avenue Boynton Beach — — --------- DEW Q1101MIN LT -I= C ?>� 1-� R917=47m, Page 788 0 1471 Howard, Tim MOMEEENE= BE From: Livergood, Jeffrey Sent- Friday, August 26, 2016 8:34 AM To: Ramsey, Kevin Cc: Roberts, Christine, Groff, Colin; Howard, Tim; Joseph, Glenn; Davidson, Anthony Subject: Re: Fire Station #3 A/C Condenser Unit Replacement Quotes Kevin, With Colin's approval, please proceed ASAP on an emergency basis. if approved please coordinate with FD. They wiL need to be gregared to move to FS 5 if the last t-r,*.e-q.T - -tumber. It does not matter the balance of that account. We will have to reconcile that later. Colin and Tim, fln I . . 11MILMIENN7.77 W, �Wanim= Jeff, The Condensing Unit at Fire Station #3 is in Emergency need of replacement. Roughly three weeks ago 2 of the four compressors went out, facilities called out Precision Air to assess the situation. At this point Precision also noticed that the Condensing coil was well deteriorated. Facilities then put out a request to 4 vendors (one did not submit quote) for the replacement of the coil and the then two compressors ($23,000.00 to $32,000.00) also a separate price to completely replace the condenser unit. This past Wednesday evening around 7:30pm facilities was notified that Station # 3 HVAC was not working, Precision was called and one of the last two compressors stopped working as well, Precision disconnected this compressor so the unit would not triia the breaker and shu-46-M M-Otaet IV•n night Facilities was called out to Fire Station # 3 due to no A/C again, the unit was reset and is currently running. This Unit is running an 1 compressor once this compressor gives out Fire Station # 3 will be without A/C. I have attached the pricing to replace the condenser for this unit, the lead time is 4 to 8 weeks to receive this condenser unit. This is an Emergency repair that we must do. I believe that there should be enowh remainini funds in the CIP to accomylis these expenses. Page 789 of 1471 Kevin Ramsey Senior Project Manager Public Works, Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. o: 561-742-6986 L��e us on �amb�jj Boynton each, Rorida 33435 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are "lic address may be subject to public disclosure. Jeffrey Livergood, P.E. Director of Public Works and Engineering Public Works and Engineering City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Rorida 33435 o: 561-742-6201 LivergoodJ@bbft.us I www.bovnton-beach.ore America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records low, email addresses are public records. Therefore. vour P-aw-lazil cc J- ft iA8,gy-s —kr�T,"M — A From: Mootz, Gall Sent: Friday, August 26, 2016 7:11 AM TO: Ramsey, Kevin I - - A•-.-- .. !;ATI-.AV--AnA-f -M-M- YI-111- dkLLX#7t I concienser unit a Fire Station #3. 1 have also attached the proposals from the contractors. 40 ton unit Replacement (8 week delivery) rhermal Quantum Stokes 'Concepts Mechanical 5 1 Mechanical 71 Page 790 of 1471 LL" M =111-1 Gail Mootz Crew Supervisor Public Works, Facilities Maintenance City of Boynton Beach 222 N.E. 9th Ave. I Boynton Beach, Florida 33435 o: 561-742-6223 MootzG@bbft.us I wymboynton-beach.org 'MON Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail cominunication and your e -m address may be subject to public disclosure. I 5 1 1 gi 111,111 1 iff] 1111111 1 �01 �11 Page 791 of 1471 CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve the extensions for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for September 20, 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 BID NUMBER RENEWAL TERM Staffing Connection School Crossing Guard 076-2110-13/JMA October 20, 2016 to Services October 19, 2017 Konica Minolta Copiers/Printers/Scanners State of FL Contract August 4, 2015 to 600-000-11-1 August 3, 2017 Florida Superior Aggregates, Top Soils and SE FL Govern. August 19, 2016 to Sand, and Soil Tech Sand Purchasing CO-OP August 18, 2017 Distributors Bid 2015-015. Tanner Industries, Inc. Anhydrous Ammonia City of Stuart Bid No. October 1, 2016 to 2015-293 September 30, 2017 AT & T; Sprint, Mobile Communication State of Florida October 1, 2016 to Verizon Services Contracts DMS- September 30, 2017 10/11-008A, B, C 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: Page 792 of 1471 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Reviewer ATTACHMENTS: Date Type Description D Other Descriptions of extensions and piggybacks, D Letter Renewal Letter - Staffing Connection D Letter Konica Minolta - State extension D Other Renewal for Aggregates, Top Soils, Sand D Piggy -Back Tanner Industries offer to extend piggyback D Other Mobile Communications - AT & T D Other Mobile Communications - Sprint D Other Mobile Communications - Verizon REVIEWERS: Department Reviewer Action Date Finance Howard, Tim Approved 9/13/2016 - 3:37 PI\A Legal Swanson, Lynn Approved 9/14/2016 - 8:32 AM Finance Howard, Tim Approved 9/14/2016- 11:14 AM City Manager LaVerriere, Lori Approved 9/15/2016 - 4:50 PI\A Page 793 of 1471 REQUESTING DEPARTMENT. Police SOURCE FOR PURCHASE: BID DEPARTMENT CONTACT. Captain Michael Kelley; Sgt. Phil Hawkins ACCOUNT NUMBER: 001-2110-521-49-17 ANNUAL EXPENDITURE: $ 300,000.00 TERM: October 20, 2016 to October 19, 2017 VENDORS: Action Labor Management, LLC d/b/a Staffing Connection DESCRIPTION OF BID EXTENSION AND/OR PIGGYBACK: On October 15, 2013, City Commissioners approved a two year agreement with Staffing Connection as a result of Bid No. 076-2110- 13/JMA to provide the City with school crossing guard services. This contract has the option to renew for two additional one-year periods at the same terms and conditions subject to satisfactory performance, vendor acceptance and determination that renewal is in the best interest of the City. Staffing Connection has agreed to renew the agreement for another one-year term under the same terms and conditions and rates. Due to two separate increases in the State of Florida minimum wage, the current hourly rate for the crossing guard services is $12.51 per hour. REQUESTING DEPARTMENT. FINANCE/PROCUREMENT SOURCE FOR PURCHASE: State of Florida Contract for Multifunction Products, Service and Supplies; no. 600-000-11-1 DEPARTMENT CONTACT. Julianne Alibrandi TERM: August 4, 2015 to August 3, 2017 ACCOUNT NUMBER(S): All City Departments ANNUAL EXPENDITURE: $ 70,000.00 VENDOR: Konica Minolta DESCRIPTION OF BID EXTENSION AND/OR PIGGYBACK: In April 2011, City Commission approved utilizing the State of Florida Contract for Multifunction Copiers in replacing existing copiers as lease agreements expired. The approval was based on a formal Request for Quote, and Konica Minolta was the lowest quote based on the State of Florida pricing. Some of the Lease Agreements are expiring, and departments are requesting replacement copiers. Konica Minolta has proven to be cost effective and satisfies individual department's needs for photocopying, printing, scanning and faxing. Lease agreements include all service and all black and color toner supplies. Most departments now print to their copy machines instead of the LaserJet printers that are more costly to use because of the high price of toner. The State of Florida has issued Amendment 4 – Contract Renewal for the State Term Contract for Multifunction Products, Printers, Scanners, Related Software Supplies and Service through August 3, 2017. Awarded contractors are required to provide documentation for renewal savings and price reductions. REQUESTING DEPARTMENT. GOLF DEPARTMENT CONTACT. Ron Tapper TERM: August 19, 2016 to August 18, 2017 SOURCE FOR AWARD: SE FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE Bid No. 2015-015 ANNUAL EXPENDITURE: $11,000.00 ACCOUNT NUMBER(S): 411-2911-572-52-26 VENDORS: Florida Superior Sand, Inc.; and Soil Tech Distributors, Inc. DESCRIPTION OF EXTENSION: The City of Boynton Beach as a participating agency in the Southeast Florida Governmental Purchasing Cooperative was included in the Bid for "Aggregates, Top Soils and Sand" issued by the City of Margate as lead agency. The City of Margate Commission has approved a restructure and renewal of the bid to a Primary and Secondary Vendor as outlined in the revised tabulation sheets (City of Boynton Beach is located in Zone 8). This bid has the option to renew for one (1) additional one-year terms. The cooperative purchasing affords greater purchasing power and results in lower pricing for the participating municipalities and agencies. REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT. Bevis Pigott, Manager of Water Treatment and Quality TERM: October 1, 2016 through September 30, 2017 SOURCE FOR PURCHASE: City of Stuart Bid No. 2015-293 VENDOR: Tanner Industries, Inc. ANNUAL EXPENDITURE: $60,000.00 ACCOUNT NUMBER(S): 401-2811-536-52-35 DESCRIPTION OF EXTENSION: On January 5, 2016, City Commissioners approved a one-year piggyback of the City of Stuart Bid No. 2015-293 for the purchase of "Chemicals for Water Treatment" with Tanner Industries Inc. of Southampton, PA with the same terms, conditions, specifications and pricing for Anhydrous Ammonia. The City has been purchasing its Anhydrous Ammonia from Tanner Industries for over twenty-three (23) years. The City currently leases two 1,000 gallon tanks from Tanner Industries for $1.00 per year. The bid documents allow for two (2) one-year renewals with the same terms and conditions. Tanner has agreed to a one-year renewal with the same terms, conditions and pricing of $.77/Ib. delivered. REQUESTING DEPARTMENT. FINANCE/PROCUREMENT SOURCE FOR PURCHASE: State of Florida Contracts for Mobile Communications Services DEPARTMENT CONTACT. Julianne Alibrandi TERM: October 1, 2016 to September 30, 2017 ACCOUNT NUMBER(S): All City Departments ANNUAL EXPENDITURE: $ $145,000.00 VENDORS: AT&T; SPRINT; VERIZON DESCRIPTION OF BID EXTENSION AND/OR PIGGYBACK: The City of Boynton Beach utilizes the State of Florida Mobile Communication Services Contracts: DMS -10111-008A for AT&T; DMS - 10111 -008B for Sprint; and DMS -10/11-008C for Verizon for the City's mobile voice and data requirements. These contracts cover mobile phone service and data plans and air cards for all City Departments. The State of Florida competitive procurement requirements equal and/or exceed the City of Boynton Beach procurement requirements. The City of RhancelProcurement5 200 E. Boynton Beach Boulevard A0. BOK310 Boynton Beach, Florida 3342S-0320 Telephone No.,, (561) 742-6310 FAX (561) 742-636 RE: TWO YEAR CONTRACT FOR SCHOOL CROSSING I Agreement between the CITY OF BOYNTON BEACH and ACTION, LLC STAFFING CONNECTION: CONTRACTRENEWAL PERIOD. OCTOBER 20,2016 TO OCTOBER 19,2017 , I agreeto renew the existing nt th the same Terms,Conditions hourly rates for an additional year. , i do not wish to renew the Contractr the followingrea n(_ STAFFING CONNECTION NAME OF COMPANY SIGNATURE NAM OF REPRESENTATIVE (Please.print) r E-MAIL ADDRESS (AREA � CODE) TELEPHONE NUMBER rrr 'S Gateway to the Gulf5t ora Page 796 of 1471 Amendment 4— Conftct Renewal State Torm Contract 600-000-11-1 M At ! 9 ! 1 AFFIDAVIT54 PREFERRED PRICE A The Departroent will provide the Preferred Pricing. Amosvif, Incorporated by reference, jbr .completion Fan authorizedrepresentative P Contractior,afterCont a:'ri- ml is. executed. i C.'�. 1 ., f f ti f r•x 1' c • i i fi •� f • 1 lid; N- 6 = �;: 1 •' :® • f • f:f 1 - ,Fi P- F f • i 6.0 EMPLOYMENT VERIFICATION (E-VERIFYJ Pursuant to State of Horida Executive Order Nu .hired by the Contractor to vmrk in the U.S, dudnq the Contract teim. Also, Contractor ' ff inclu ► :'. in :. - fsubcontractsrequirement•• work f providing services Ourtuaht to the Contract utifize the E-Ve* -system to vedfy the aligibility of all, now emploYees hired by The subcontractor to vmrk- in the U. - S. during the Contract term. 7.0 SCRUTINIZED COMPANY UST 1 subsea tn 287.135(5) 1 , Flonda Statutes,.atthe - i 9 Y bid or is l.., • _! ® sl !w r -i s !; - a a •. ! _ 1 111 Teie W R s Fs � w ! ,. f-: a a�! F ,. e • - e f•R: ! i '. e r f if • f - • 1 1;ar � _ a ;i t a� l w• i- a; - 8.0 WARRANTYOF AUTHORITY Each personis R -this Amendm_ 1 _yg f F• 1 'i f! f A 9. ! W#]-0jU1-j1!jft M .STC Contact Number, '600-000-11-1 Page2 of 2 Page 798 of 1471 Southeast Florida Governmental Purchasing Cooperative Group CONTRACT AWARD Please complete each of the applicable boxes and submit with bid documents, award notices and tabulations to IpiperLa)myboca.us for placement on the NIGP SEFL website Cooperative contract page. PAGE 1 OF 2 BID/RFP No. Bid No. 2015-016 Description/Title: Aggregates, TOp Soils and Sand Initial Contract Term: Start Date: August 19, 2015 Renewal Terms of the Contract: Two Renewal No. 1 Renewal No. 2 Renewal No. (No. of Renewals) Start Date: August 19, 2016 Start Date: August 19, 2017 Start Date: End Date: August 18,2016 Renewal Options for One year (Period of Time) End Date: August 18, 2017 End Date: August 18, 2018 End Date: SECTION #1 VENDOR AWARD Vendor Name: Soil Tech Distributors, Inc. Vendor Address: 3355 NW 41st Street, Miami, FL 33142 Contact: Bernardo Mijares Phone: (305) 637-5567 Fax: (305) 637-5576 Cell/Pager: Email Address: nicky@stdbulk.com Website: FEIN: VENDOR AWARD Vendor Name: Florida Superior Sand, Inc. Vendor Address: P.O. Box 541896, Lake Worth, FL 33454 Contact: Marion Jefferson Phone: (561) 969-3112 Fax: (561) 969-3114 Cell/Pager: Email Address: fss5901 @aol.com Website: FEIN: Page 799 of 1471 PAGE 2OF2 VENDOR AWARD Vendor Name: Vendor Address Contact: Phone: Fax: Cell/Pager: Email Address: Website: FEIN: VENDOR AWARD Vendor Name: Vendor Address: Contact: Phone: Fax: Cell/Pager: Email Address: Website: FEIN: VENDOR AWARD Vendor Name Vendor Address: Contact: Phone: Fax: Cell/Pager: Email Address: Website: FEIN: SECTION #2 AWARD/BACKGROUND INFORMATION Award Date: 8/19/2015 Resolution/Agenda Item No.: 15-074 (Initial) 16-240 (Rev) Insurance Required: Yes X No Performance Bond Required: Yes No X SECTION #3 Agency Name: Agency Address: Agency Contact: Telephone: LEAD AGENCY City of Margate 5790 Margate Boulevard, Margate, FL 33063 Spencer Shambray (954) 935-5341 Email SSHAMBRAY@MARGATEFL.COM Fax: (954) 935-5258 Page 800 of 1471 CITY OF MARGATE, FLORIDA RESOLUTION NO. 16-240 A RESOLUTION OF THE CITY OF MARGATE, FLORIDA, APPROVING RESTRUCTURE AND RENEWAL OF MULTIPLE AWARDS OF BID NO. 2015-015 - AGGREGATES, TOP SOILS AND SAND (CO-OP BID), WITH FLORIDA SUPERIOR SAND, INC. AND SOIL TECH DISTRIBUTORS, INC.; PROVIDING FOR REASSIGNMENT OF ITEMS PREVIOUSLY AWARDED TO AUSTIN TUPLER TRUCKING, INC.; PROVIDING FOR EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MARGATE, FLORIDA: SECTION 1: That the City Commission of the City of Margate, Florida, approves of the restructuring and renewal of the multiple award of Bid No. 2015-015 - Aggregates, Top Soils and Sand (Co -Op Bid) with Florida Superior Sand, Inc. and Soil Tech Distributors, Inc., to provide for reassignment of items previously awarded to Austin Tupler Trucking, Inc., effective August 19, 2016. SECTION 2: That the Mayor and City Manager are authorized and directed to execute a contract for the above, or administration is authorized to issue a purchase order for same. SECTION 3: That this Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED THIS 6TH days, f JULY, 2016. ATTEST: JO EPI :f, . K V,,ANAG CITY CLERK MAYORTOMMY RUZZANO RECORD OF VOTE Simone Yes Peerman Yes Talerico Yes Bryan Yes Ruz z ano Yes Page 801 of 1471 m L Q U C0) Y .F Vrm -r- C) U ^� .o W i cn L O .L CL/.W/� V r_ 7 — cn m O LL El 00 0 0 0 0 0 0 0 O 000000 O O O O O Ln O Ln O O Ln Ln 00 O Ln 00 Ln O y O N co O m 0 V 66 6 N 66 I� N V c,"', CO CO I- CA CO O O I- O CO CO N Ln M M Ln V V Cfl Ln co Cfl Cfl W CA Ln I- Ln N O O a0 L d N N = 1Q = = N MN co R O EA 60 60 60 60 60 cf} 60 60 60 EA EA EA V) V) V) V) V) V) V) V) V) V) V) V) V) E03 a) Ln O Ln O Ln O Ln Ln O Ln OOO Ln OO V N O O V O M N O M O Ln O Ln Il- LO Ln d= N N N N N O N 'iN' N r O O O O O O O 000 O O Ln O O Ln Ln O Ln Ln Ln O O LO y O CM O N I-� Ln I� O 00 O CA cD V O C\ LO ' co N � N N 00C' MO � lc L a aS N Ln co ai co Cl) R N r `O r EA EA EA CA EA EA Cfi EA EA EA CA EA EA EA CA EA EA CA EA EA EA EA EA EA CA EA Cfi EA Ln O Ln Ln m Ln to Ln Ln O m m (.1 C C C C C C C C C C Cfl = B C C I C P- P- M CT O C C d co co N N N.!. co It It r frl (A 691 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O o 0 0 0 O O O W W W co W O co co A N N Ln O O O O O co O W O W N N y N 00 M I-- 00 V�[-- N O co O O O O Ln co O 00 co to M N V co CA Ln O N It Ln N N Cfl O M M N N O I,- O It O It O O a0 V CO V Cfl V N Cfl O N N co 00 CA V��- N O Ln Ln Cfl V Cfl O N O d N O = O = o = -7N __ N 04 LO v = O r� O v L a r L N N N N N N N N N N N N N N N N N N N N N N N NI O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 •L a H H H H H H H H H H H H H H H H H H H H H HH a O 00000000 000000000 00000 +�+ O co co co co co Cfl co co co co N Ln O co CO Ln 0 co co co M co _ E W Q V d a c — a� o y N v a+ N _._ 0 a_ = N U 'L a U� U o- U) O N o �_ Z fn a H EL .O L L N J U co Oo (3) Cf) O O O N L L -p al O O = a) 'O 7 0 .� L Co C V O ON co LO O O O '� 0 0 .N N _ pO O O H rnwo00Cf) O .C�O L co 1 L6 U 1 X X X X x co1 (� .X C\ X f/I (o �: v a) �a��YYY co m cCo-0 (� �� x 00 Q OO aa- � � co N N o 0 O 0 o O O O O O O O C co O O O D " CO Of cncncncncncaO cncncn (1) LLj co co Co Z Z Z Z sZ o Z Z Z 0 Oo i a) Ln O O O O o (n OOOD x o a cn0Udof HHHHH0E:E zw O -�Dc = N CO V Ln (fl r- CO 0) O= N M Ln O W O O= N CO 04 N 04 04 A� 1 0 N co ^ W m L Q U 0) .F m U .O El 0 00000000 O 000000 O O o LnLn000000 O 000000 O O N Ln N N O Ln Ln N N M [--6 6 6 6 6 6 Ln N V c", O Ln I- N co O V Cfl Ln N CO N O Ln [,-O Ln V Cfl 00 00 Ln V r- Cfl M V M L a O NO 1� N 00 LN N N N H d 00 Ln Ln O O O Ln O Ln m m m O Ln O Ln 0 O V Ln O N I- O Ln Ln O M O Ln N Ln N Ll�,Ln � O�NM�NONNN co WN �':N.'.N M Ln co a+ C O O O O O O O 000 O O Ln O Ln Ln O O Ln O O O O LO y N O I-� N I Ln Ln N Ln Ln 0 1 1 O N V CO CO O I- O O 00 O O Q) •i OCO' O' Ln N N N cc r a It 00 Ln N N N O N LO N — co LO R a+ O d Ln O Ln Ln M Ln Ln' Ln Ln O -0 -0 'D I- C C I C�P'-: M 0) O E C co It co N N N co It It (A(A(A f (A(A(A O 00000000 O 000000000 O O O O O O O O O Ln 00 00 M 0 It It Cfl 00 Ln 0 0 00 0 000 Ln O O O O co co w N to [-- N[-- O co co to co 66 0 Ln O O O Ln O t N N O O a0 V O N CO N Ln V Cfl Cfl CO V� Ln N Ln O O I,- O 00 Ln N O O V Q) O M V Cfl O co co O Ln Cfl I- — Ln I- Ln Ln 00 00 O V V I- N O N a O Ln co O clN V O Cfl — N Ln N V Ln Cfl O V !Q w N O v •L Y L fn fn fn fn fn fn fn fn fn fn fn fn fn fn fn fn fn fn fn fn fn fn fn O OI O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 •L a HHHHHHHHHH H H H H H H H H H H H HH a O 0 0 0 0 0 0 0 0 000000000 O O O O O Ln Ln co co CO Ln co Ln 0 Ln o 0 co O N 0 O O O co co +O+ O = 00 N N N M— Ln N CO CO N O 7 O E O W Q i� N O N N O N v cn N O Z = N U L a U U Q O N r o 0cf) z (J) =a d E L .O L L rn N O J U LO 0Cr, c N N p i a m�� (n0 O O nl� cr,70 .� L O C U O ON co LO O O O '� 0 0 .N N cr,O O O O O _ i Q Ua a� a� C H rnwo00 0 a)OX ro0 L co 1 y-+ U 1 X X X X X 1 C\ E m x to N Of m Q N 0 0°� o N O .O .O .O .O M M c `6 N 0 0 0 �� d CO at a� - ��OfOf� cncncncncn ca O� cncncn a) LLj� 7 co U N OcO O i O U O Q Q Q Q 0-2 � C O N. 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HHHHHoIL :E� O ��FIt LO It Mw zO�c� = N M O W O O= N co EA EA W � r 33333 C C C C C O O O O O O M M O M 00 � N � N L i a +�+ N r O � •O � N U) C/) O O - rnwl�in � � .�win � X_ X_ X_ X_ X 'cn Cm 0 a O X O X U O� � ---- c6 00 3 Q Q Q Q Q U O Q Q Q i p 0 3c � O O O O O O O O O O O O X 0 O' ? HHHHHoIL :E� O ��FIt LO It Mw zO�c� = N M O W O O= N co EA EA City Commission Mayor Tormny Ruzzano Vice Mayor Joyce W. Bryan Lesa Peerrytan joanne Simone Frank 8. Talenco City Manager Douglas E, Smith City Attorney Douglas R. omales City Clerk Joseph J. Kavanagh June 22, 2016 Ms. Marion A. Jefferson Florida Superior Sand, Inc. 6801 Lake Worth Road, Suite 124 Greenacres, FL 33467 Re: Bid No. 2015-015 Aggregates, Top Soils and Sand (Co-op BiS. As we discussed recently, one of the three firms awarded portions of the above referenced bid has decided not to renew for another year. You have agreed to honor your initial bid pricing for all items except Item No. 64 in Group 3B which you have requested to withdraw due to the item being priced in error on the original bid. It is our intent to request City Commission approval for a revised bid award reflecting the revised primary and secondary awards for your firm enumerated below and shown on the attached spreadsheet. Zone 1 F -(pride Sugerior Sand Inc Primary: Lines 10-12, 17, 19.21 Secondary: Lines 15, IS Zone 2 Florida Sugertor 5�nd Inc Primary: Lines 33-35, 40, 42.44 Secondary; Lines 38, 41 Zone 3 Ftorida Superior Sanr7 inc Primary: Lines 56 — 58, 63, 65 - 67 Secondary: Line 61 Zone 4 Zone 5 Zone 6 Florida Suri rSp_nd Inc Florida Strperipr Sand lnc Florida Superior Sand Inc Primary: Lines 79-81, 86, 88-90 Primary: Lines 102-104, 109, :ill -113 Primary: Lines 125-127, 132, 134-135 Secondary: Lines 84, 87 Secondary: Lines 107,110 Secondary: Lines 130,133 Zone 7 Zone 8 Florida Su7?eripr Sand inc Firirida Superior Sand. !nc Primary: Lines 148-150,155,157-159 Primary: Lines 171-173, 176, 178-179,180-182 Secondary: Lines 1.53, 156 Secondary Lines: n/a Please sign below if you agree to the revised award and renewal at the same terms, conditions and specifications of the initial year award, If you have any questions or require additional information, I can be reached at (954) 935- 5341. Sincerely, Spencer L CPPB Purchasing Manager For Florida Superior S Inc.: /x v" 'D 4a Printed Name Signature Title = RFP 2015-015 File Finance Department ,S790 Mai -gate Boulevard, Margate, FL 33063 - Phone: (954) 972-6454 - Fax: (954) 935-5258 www,rnargatefl,corn - purchase@rnargateftcorn Page 810 of 1471 City m, Tcrriwy, Ruzzanu My Mayor. cvk.�,? 0" 1'31)�r wsa Woman Namesmom Fraak 2. Werno Uty FrAvaiwisler City 1-Mcnqtey DQUig;aS R !'U [ imml A Koval: Mr He iudu NNmes Sca Kch DIVInams, No 3 55 1-, W 411 St#'eee Nllli,rni, 1--1_ 33 1,,,2 Re: BW Q. 2015015 '1 )1:oils aric Sand �C,'O-Qp Bid) Dew b 0 Qams - As dsmAsed mcarly whn fly My Blanni) f'OMycLir office, one of the three firms alIyardlid of to akwu y0womed' bid has decided not to renew for another year. Ms Mwo rnMamted W ymi We ipmed to hwor your inifiii bid submitted on the oNgina W, It is 01-f, irrent rc r quest My Com mmurn appovaq for a revised bid award reflecting the TrOsx: pNmary 2rd secorbary awards your '114nn enL�merated below and shown or. the skckd spfearsheet znrI it! 11,1902TWUS-1i kway- Wws 10:3 1118 IWWMjnq� L re 17 via An V1 - 5136- 39, 11 zMe.3 QUM DxWQjiy_)rQWnc PhmajAW47-55.59-62,64 Secondm. /: Lines 63 Two i 2mle 6 ;01_r,( -h :SOVNK--h 1 MM 757t 32 Bn 87 AMY p Lines 93 - Al ATS - 01110 Primary: Lines 116 - 124,128 -131, md� lr,r 0 86 Un:: --.09 SaaWa, An 132 Zvc�, 7 Ale 3 To0) Mi'` aqv Am 139-147,151 - -170, 1'?,zi - 17�, 1;7 156 5a cumbry M An AC - 179 Semncaj: Une 155 Rleo�-,e sigi br-flot�, .f yr)u apiree to the rwised awwd and renewai at the same terms, wn?Nms and pre';j"'�OaiL�rjj,i�of th,eyear ,;a -ward. I YOU Me ar" 41MAWS U1 ACUS MIMMA 11-iIonmi'aticn, 1 cin be reached at (954) 935- 5301. ::cji Sri�! fe��h Dis�,r'buk s, 1. 3i g w ure. WE Doe wn RF02015115% Mance Me p a Y1, �i e nt '95 ph"I;etc W&Vv- buqW. 11 OAN 0 , F"pn- (94; 972 5454 - Few 19M) 93S US Page 811 of 1471 TANNER INDUSTRIES, INC. 735 i. DAVISVILLE ROAD, THIRD FLOOR SOUTHAMPTON, PA 18966-3200 215-322-1238 FAX 215-322-7725 www.tannerind.com September 1, 2016 Ms. Julie Alibrandi City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33435 Via email: i, ""rai) bi',111, . c,,�$ ri . ........... . . ... . . . ......... I ................. Dear Ms. Alibrandi: Tanner Industries agrees to extend an invitation to piggy -back off the bid for the City of Stuart, FL, Bid # 2015-293, for l.t.1 bulk quantities of Metallurgical Grade Anhydrous Ammonia for delivery to your facility in Boynton Beach, FL. $-77 per pound delivered Price includes 2 hours unloading time Terms: Net cash in 30 days Effective: October 1, 2016 Finn thru: September 30, 2017 If you are in agreement please sign below indicating your approval: City of Boynton Beach: Name: Title: Tanner Industries: Name: Mil��, Title: 5416 Ada&,'i'g4rAjer *Please Note: Tanner Industries, Inc. is in agreement to fill either a leased storage tank from Tanner Industries, Inc. or a customer owned storage tank. We appreciate the business you place with us. If we may be of any further service, please do not hesitate to contact us. Sincerely, Tanner Industries, Inc. Page 812 of 1471 Matt Tanner Sales Administrator Page 813 of 1471 at&t(MCS) Mobile Communication Services SUNCOM Contract No.: DMS-1011-008A End User Price List (EUPL) 4° DETAILED PRODUCT DESCRIPTION VOICE (PER MINUTE) RATE PLAN SOC CODE CONTRACT PRICE 4.00 Nationwide Rate with 500 Mobile-to- (Flat Rate) Per Minute Voice Plan ODNN00360 Mobile minutes and 500 Nights & Weekend minutes with $0.04 Overage Example: (Flat Rate) Per Minute Voice Plan (4.00 Nationwide Rate with 500 Mobile-to-Mobile minutes and 500 Nights & Weekend minutes with $0.04 Overage) plus MSG3 (Unlimited Messages (SMS/MMS)) for $5.15 = $5.15/month plus any per minute voice charges. Government Nation Flat Rate Voice Plan AT&T Government Nation Flat Rate lets you pay by the minute with a flat per-minute rate on calls made or received anywhere on the AT&T network. And, you can take advantage of our national network with no roaming charges. Available only to Government customers with a qualified wireless Government agreement from AT&T ("Government Agreement") and their respective Corporate Responsibility Users ("CRUs"). Flat Rate Plans are only available to customers' CRUs whose principal residence or principal Government office is within an eligible AT&T Wireless network area that has been fully integrated and has the system capacity to support Flat Rate Plans. Minute Increment Billing and Usage Airtime and other measured usage are billed in full-minute increments, and actual airtime and usage are rounded up to the next full increment at the end of each call for billing purposes. AT&T charges a full-minute increment of usage for every fraction of the last minute used on each wireless call. Calls placed on networks served by other carriers may take longer to be processed, and billing for these calls may be delayed. Unanswered outgoing calls of 30 seconds or longer incur airtime. Mobile To Mobile Minutes If applicable to your plan, Mobile to Mobile Minutes may be used when directly dialing or receiving calls from any other AT&T wireless phone number from within your calling area. Mobile to Mobile Minutes may not be used for interconnection to other networks. Calls to AT&T voicemail and return calls from voicemail are not included. Nights and Weekends Nights are 9:00 p.m. to 6:00 a.m. Weekends are 9:00 p.m. Friday to 6:00 a.m. Monday (based on time of day at the cell site or switch providing your Service). Included long distance calls can be made from the 50 United States, Puerto Rico and U.S. Virgin Islands to the 50 United States, Puerto Rico, U.S. Virgin Islands, Guam and Northern Mariana Islands. Roaming charges do not apply when roaming within the Services area of land-based networks of the 50 United States, Puerto Rico and U.S. Virgin Islands. Additional charges apply to Services used outside the land borders of the U.S., Puerto Rico and U.S. Virgin Islands. Page 1 of 34 Page 814 of 1471 VOICE POOLED MINUTE PLANS SOC CODE CONTRACT PRICE $18.54, 25C/min over 100; unlimited Mobile -to -Mobile 100 Min Pooled Voice Plan (Nationwide) GOVP100 minutes, and 5000 Nights & Weekend minutes $20.60, 25C/min over 200; unlimited Mobile -to -Mobile 200 Min Pooled Voice Plan (Nationwide) GOVP200 minutes, and 5000 Nights & Weekend minutes $23.69, 25C/min over 300; unlimited Mobile -to -Mobile 300 Min Pooled Voice Plan (Nationwide) GOVP3000 minutes, and unlimited Mobile -to -Mobile minutes $24.99, 25C/min over 400; unlimited Mobile -to -Mobile 400 Min Pooled Voice Plan (Nationwide) GOVP4000 minutes, and unlimited Mobile -to -Mobile minutes $31.93, 25C/min over 500; unlimited Mobile -to -Mobile 500 Min Pooled Voice Plan (Nationwide) GOVP500 minutes, and unlimited Mobile -to -Mobile minutes $32.99, 25C/min over 600; unlimited Mobile -to -Mobile 600 Min Pooled Voice Plan (Nationwide) GOVP600 minutes, and unlimited Mobile -to -Mobile minutes $33.99, 25C/min over 700; unlimited Mobile -to -Mobile 700 Min Pooled Voice Plan (Nationwide) GOVP700 minutes, and unlimited Mobile -to -Mobile minutes $39.14, 25C/min over 800; unlimited Mobile -to -Mobile 800 Min Pooled Voice Plan (Nationwide) GOVP800 minutes, and unlimited Mobile -to -Mobile minutes $41.20, 25C/min over 900; unlimited Mobile -to -Mobile 900 Min Pooled Voice Plan (Nationwide) GOVP900 minutes, and unlimited Mobile -to -Mobile minutes $45.32, 25C/min over 1000; unlimited Mobile -to -Mobile 1000 Min Pooled Voice Plan (Nationwide) GOVP1000 minutes, and unlimited Mobile -to -Mobile minutes $131.84, 25C/min over 6000; unlimited Mobile -to -Mobile 6000 Min Pooled Voice Plan (Nationwide) GOVP6000 minutes, and unlimited Mobile -to -Mobile minutes Government Voice Pooled Nation Plan Customer's Corporate Responsibility User's (CRU's) may activate service on the Government Voice Pooled Nation Plans described above ("Pooled Plans"). Government CRU's on a Pooled Plan aggregate, or "pool", their Anytime Minutes in a single account (a "Pool"). Every billing cycle, each CRU first uses his or her Anytime Minutes. If a CRU does not use all his or her Anytime Minutes, it creates an underage in the amount of unused Anytime Minutes ("Under Minutes"). If a CRU uses more than his or her Anytime Minutes, it creates an overage with respect to Anytime Minutes ("Over Minutes"). The Pool's Under Minutes and Over Minutes are then aggregated respectively and compared. If the aggregate Under Minutes exceeds the aggregate Over Minutes, then no CRU in the Pool pays Additional Minute charges. If the aggregate Over Minutes exceeds the aggregate Under Minutes, then the ratio of Under Minutes to Over Minutes is applied to the Anytime Minutes of each CRU in the Pool with Overage Minutes, resulting in a monetary credit against the corresponding Additional Minute charges. For example, if a Pool has 900 Under Minutes and 1000 Page 2 of 34 Page 815 of 1471 Over Minutes (90%), then each CRU with Over Minutes will receive a credit equal to 90% of his or her Additional Minute charges. CRUS changing price points or migrating to Pooled Plans during a bill cycle may result in one-time proration(s) or other minor impacts to the credit calculation. Customer may have more than one Pool; however an individual CRU can only be in one Pool at a time. AT&T reserves the right to limit the number of CRUS in a Pool due to Government needs and system limitations. CRUS on Pooled Plans and end users on prior versions of AT&T's wireless pooled plans, including but not limited to Government National Pooled Plans and Government Local Pooled Plans, cannot be in the same Pool. End users on non -pooling wireless plans from AT&T may be included in the same account as CRUS on the Pooled Plans; however, these non -pooling end users will not receive the pooling benefits or contribute Anytime Minutes to the Pool. Mobile -to -Mobile Minutes, Night & Weekend Minutes and/or any other promotional minutes are not included in a Pool. Nights and Weekend Minutes and Mobile to Mobile Minutes cannot be pooled. When your entire pool of minutes has been retired, additional minutes inside the AT&T Government Pooled Nation plan National Service Area is $0.25 each. Call -forwarded minutes are charged at the additional airtime per -minute rate of the rate plan. Consolidated invoicing required. Page 3 of 34 Page 816 of 1471 UNLIMITED VOICE PLAN I SOC CODE I CONTRACT PRICE Unlimited Voice Plan (Nationwide) I BN7NMOA60 1 $49.99 Unlimited Voice Services Unlimited voice Services are provided primarily for live dialog between two individuals. If your use of unlimited voice Services for conference calling or call forwarding exceeds 750 minutes per month, AT&T may, at its option, terminate your Service or change your plan to one with no unlimited usage components. Unlimited voice Services may not be used for monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, or other connections which don't consist of uninterrupted live dialog between two individuals. If AT&T finds that you're using an unlimited voice Service offering for other than live dialog between two individuals, AT&T may, at its option terminate your Service or change your plan to one with no unlimited usage components. AT&T will provide notice that it intends to take any of the above actions, and you may terminate the CRU's service. Page 4 of 34 Page 817 of 1471 PER MEGABYTE; DATA PLAN I SOC CODE CONTRACT PRICE Per MB; Data MPPU Allowed on feature phone only ($0.00 MRC, $2.00/MB overage) Pay Per Use Data Plan Provides Pay -Per -Use (PPU) data. PPU plan is auto -attached to all activations. Mobile Web Data Packages are Bolt -On features for handset browsing and CANNOT be used on BlackBerry, iPhone, LaptopConnect, or Smartphone devices Note: Data Pay Per Use is available. However customers should be discouraged from using PPU with these equipment types due to potential high usage charges. These plans should NOT be used for Tethering customers. Customers may be removed from these plans if improper usage is determined. These plans do NOT include International Roaming! Connect to the mobile web, email, search applications and more. Customer must have a voice plan provisioned. Feature(s) must be added on a per line basis. Page 5 of 34 Page 818 of 1471 SMARTPHONE HOTSPOT/TETHERING DATA SOC CODES CONTRACT PRICE PLANS 5GB Hotspot/Tethering Pooled Data Plan (Does Not Include BDPP50, BDPSML50, Messaging) MSG3 or RGOVMSG3 BDPBB50E,BDPBL50E, BDPIP50E, $32.96, $0.015 per MB over 5GB (Pooled) (Unlimited Messaging) may be BDPIPS50E added depending on the voice plan selected Example: GOVP3000 ($23.69, 25C/min over 300; unlimited Mobile -to -Mobile minutes, and unlimited Mobile -to - Mobile minutes) plus BDPIP50E ($32.96, $0.015 per MB over 5GB (Pooled)) = $56.65/month. If you need unlimited messaging, you add the RGOVMSG3 (Unlimited Messages (SMS/MMS)) for $0.00 = $56.65/month. Government Data Pooled Nation Plan Make managing your mobile workforce easier than ever. Pooled wireless data access is a simple and economical way to share data among Corporate Responsibility Users (CRUS). Workers use the data they need. Light users and heavy users can help balance each other out. It's a smart way to help control costs. Within a single Billing Account Number ("BAN"), CRUS activated on separate Government Pooled Nation for Data Plans are combined to create a "Data Pool." Every billing cycle, each CRU first uses his or her plan's included domestic data usage ("Included Usage"). If a CRU does not use all his or her Included Usage, it creates an underage in the amount of the unused KB of data usage ("Under Usage"). If a CRU uses more than his or her Included Usage, it creates an overage in the amount of the excess KB of data usage ("Over Usage"). The Data Pool's Under Usage amounts for each CRU and Over Usage amounts for each CRU are then aggregated respectively and the totals are compared. If the aggregate Under Usage amount exceeds the aggregate Over Usage amount, then the difference is allocated among each CRU in the Data Pool with Over Usage, resulting in a credit on the invoice equal to the amount of each such CRU's additional data usage charges. Any excess Under Usage will be forfeited. If the aggregate Over Usage amount exceeds the aggregate Under Usage amount, then the ratio of Under Usage to Over Usage is applied equally to the data usage of each CRU in the Data Pool with Over Usage, resulting in a credit on the invoice against each such CRU's corresponding additional data usage charges to partially offset such charges. For example, if a Data Pool has 900 Under Usage KB and 1000 Over Usage KB (which means a ratio of 90%), then each CRU with Over Usage will receive a bill credit equal to 90% of his or her additional data usage charges. CRUS changing price points or migrating Government Pooled Nation for Data plans during a bill cycle may result in one-time proration(s) or other minor impacts to the credit calculation. Customer may have more than one Data Pool within a Foundation Account Number; however, CRUS in one Data Pool cannot take advantage of another Data Pool's Under Usage, and each CRU can only participate in one Data Pool at a time. AT&T reserves the right to limit the number of CRUS in a Data Pool due to Government needs and system limitations. CRUS on non - pooling AT&T plans may be included in the same BAN as CRUS on Government Pooled Nation for Data Plans; however, these non -pooling CRUS will not receive the pooling benefits or contribute Included Usage to other CRUS in a Data Pool. Additional terms and conditions apply — for details, see your company's Government Agreement, including without limitation, the "Enterprise Customers: Additional Service and Equipment Related Terms" found at www.att.com/abs-addtl-terms. Wi-Fi: Wi-Fi enabled device required. Wi-Fi access includes AT&T Wi-Fi Basic. Other restrictions apply. See attwifi.com for details and locations. International roaming not included. Page 6 of 34 Page 819 of 1471 AT&T Data Plans With Tethering Tethering is a wireless or wired method in which your AT&T mobile device is used as a modem or router to provide a Internet Access connection to other devices, such as laptops, netbooks, tablets, Smartphones, other phones, USB modems, network routers, mobile hotspots, media players, gaming consoles, and other data -capable devices. AT&T data plans with tethering enabled may be used for tethering your AT&T Mobile device to other devices. If you are on a data plan that does not include a monthly megabyte allowance and additional data usage rates, you agree that AT&T has the right to impose additional charges if you use more than 5 GB in a month; prior to the imposition of any additional charges, AT&T shall provide you with notice and you shall have the right to terminate your Service (early termination charges may apply). Page 7 of 34 Page 820 of 1471 UNLIMITED SMARTPHONE DATA SOC CODES CONTRACT PRICE PLANS Unlimited Data Plan (Includes Unlimited Messaging) Unlimited Data Plan (Does Not Include Unlimited Messaging) RLTEEMBI, RLTEEMB2, RHSEMBI, RHSEMB2, RGOVEJ135, RLTEMBIVG, RLTEMBIG, RLTBEMBIV, RLTBEMBIG RLTESMTE2, RLTETBW7, RGOVEJNI, LTETBW7V, LTETBW7, RLTTBW7VG, RLTTBW7G, LTBTBW7, RLTBTBW7G, LTBTBW7V, RLTETBW7, LTBTBW7SV, LTBTBWS7 $23.69 $23.69 Example: GOVP3000 ($23.69, 25C/min over 300; unlimited Mobile -to -Mobile minutes, and unlimited Mobile -to - Mobile minutes) plus RLTEEMBI ($23.69, Unlimited Data Plan with Unlimited Messaging)) = $47.38/month. Intended Uses Of AT&T's Wireless Data Service AT&T's wireless data network is a shared resource, which AT&T manages for the benefit of all of its customers so that they can enjoy a consistent, high-quality mobile broadband experience and a broad range of mobile Internet services, applications and content. However, certain activities and uses of the network by an individual customer or small group of customers can negatively impact the use and enjoyment of the network by others. Therefore, certain activities and uses of AT&T's wireless data service are permitted and others are prohibited. The terms and conditions of your use of AT&T's wireless data service are set forth below Permitted Activities. AT&T's wireless data services are intended to be used for the following permitted activities: (i) web browsing; (ii) email; and (iii) intranet access if permitted by your rate plan (for example, access to corporate intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation); (d) uploading and downloading applications and content to and from the Internet or third -party application stores, and I using applications and content without excessively contributing to network congestion. You agree to use AT&T's wireless data services only for these permitted activities Prohibited Activities: AT&T's wireless data services are not intended to be used in any manner which has any of the following effects and such use is prohibited if it: (a) conflicts with applicable law, (b) hinders other customers' access to the wireless network, (c) compromises network security or capacity, (d) excessively and disproportionately contributes to network congestion, I adversely impacts network service levels or legitimate data flows, (f) degrades network performance, (g) causes harm to the network or other customers, (h) is resold either alone or as part of any other good or service, (i) tethers a wireless device to a computing device (such as a computer, Smartphone, eBook or eReader, media player, laptop, or other devices with similar functions) through use of connection kits, applications, devices or accessories (using wired or wireless technology) and you have not subscribed to a specific data plan designed for this purpose, or (j) there is a specific data plan required for a particular use and you have not subscribed to that plan. The following specific uses of AT&T's wireless data service are prohibited • AT&T's wireless data services may not be used in any manner that defeats, obstructs or penetrates, or attempts to defeat, obstruct or penetrate the security measures of AT&T's wireless network or systems, or another entity's network or systems; that accesses, or attempts to access without authority, the accounts of others; or that adversely affects the ability of other people or systems to use either AT&T's wireless services or other parties' Internet -based resources. For example, this includes, but is not limited to, malicious software or "malware" that is designed, intentionally or unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware; "denial of service" attacks against a network host or individual user; and "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or Page 8 of 34 Page 821 of 1471 unsolicited bulk e-mail). • AT&T's wireless data services may not be used in any manner that has the effect of excessively contributing to network congestion, hindering other customers' access to the network, or degrading network performance by maintaining a sustained and continuous wireless data service connection or active wireless Internet connection. For example, this includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine -to -machine connections; "autoresponders," "cancel -bots," or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of the service as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (13213) file sharing services; and software or other devices that maintain continuous active Internet connections when a connection would otherwise be idle or any "keep alive" functions, unless they adhere to AT&T data retry requirements (as may be modified from time to time). • AT&T's wireless data services also may not be used with high bandwidth applications, services and content that is not optimized to work with AT&T's wireless data services and, therefore disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices, web broadcasting, and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices, unless they meet AT&T's wireless data services optimization requirements. You agree not to use AT&T's wireless data services for any of these prohibited activities. AT&T's Rights to Ensure Compliance. You agree that AT&T has the right to take any and all actions necessary to enforce this Section 4.2 if you use AT&T's wireless data services in any manner that is prohibited, including, but not limited to, the following actions: • AT&T may modify, without advance notice, the permitted and prohibited activities, and the optimization requirements for your wireless data services,- 9 ervices;• AT&T may engage in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum; • AT&T may reduce your data throughput speeds at any time or place if your data usage exceeds an applicable, identified usage threshold during any billing cycle. AT&T will provide you with advance notice of the usage threshold applicable to your data plan, or any changes to the applicable usage threshold either by a bill insert, email, text message or other appropriate means; • AT&T may use reasonable methods to monitor and collect customer usage information to better optimize the operation of the network. Details concerning the information that AT&T collects about its customers, and how it uses and protects that information are addressed in the AT&T Privacy Policy (see att.com/privacy); • If you are an AT&T unlimited data plan customer, AT&T may migrate you from the unlimited data plan to a tiered data plan and bill you the appropriate monthly fees. We will provide you with notice of this change at least one billing cycle in advance either by a bill insert, email, text message, or other appropriate means; • AT&T may interrupt, suspend, cancel or terminate your wireless data services without advance notice. Unlimited Data Customers If you are a grandfathered AT&T unlimited plan data service customer, you agree that "unlimited" means you pay a fixed monthly charge for wireless data service regardless of how much data you use. You further agree that "unlimited" does not mean that you can use AT&T's wireless data service in any way that you choose or for any prohibited activities, and that if you use your unlimited data plan in any manner that is prohibited, AT&T can limit, restrict, suspend or terminate your data service or switch you to a tiered data plan. Page 9 of 34 Page 822 of 1471 *ALL INCLUSIVE PLANS CONTRACT UNLIMITED VOICE PLAN BUNDLES SOC CODE COMBINATION PRICE BN7NMOA60 PLUS ONE OF THE FOLLOWING: RLTESMTE2, RLTETBW7, RGOVEJNI, LTETBW7V, Unlimited Voice and Unlimited Data LTETBW7, RLTTBW7VG, RLTTBW7G, LTBTBW7, $49.99 RLTBTBW7G, LTBTBW7V, RLTETBW7, LTBTBW7SV, LTBTBWS7 BN7NMOA60 PLUS ONE OF THE FOLLOWING: Unlimited Voice, Unlimited Data, and Unlimited RLTEEMBI, RLTEEMB2, RHSEMBI, RHSEMB2, $4999 Messaging RGOVEJBS, RLTEMBIVG, RLTEMBIG, RLTBEMBIV, RLTBEMBIG Unlimited Voice and 5GB Pooled BN7NMOA60 PLUS ONE OF THE FOLLOWING: Hotspot/Tethering Data BDPP50, BDPSML50, BDPBB50E,BDPBL50E, $49.99 BDPIP50E, BDPIPS50E Unlimited Voice, 5GB Pooled Hotspot/Tethering BN7NMOA60 PLUS ONE OF THE FOLLOWING: Data, and Unlimited Messaging gDPP50, BDPSML50, BDPBB50E,BDPBL50E, $49.99 BDPIP50E, BDPIPS50E PLUS MSG3 BN7NMOA60 PLUS ONE OF THE FOLLOWING: Unlimited Voice and Unlimited Hotspot/Tethering GSA3IUNAT, GSA3IUNVT, GSALBUNVT, GSALBUNTE, $59.99 Data GSABBUNVT, GSABBUNTE, GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV BN7NMOA60 PLUS ONE OF THE FOLLOWING: Unlimited Voice, Unlimited Hotspot/Tethering GSA3IUNAT, GSA3IUNVT, GSALBUNVT, GSALBUNTE, Data, and Unlimited Messaging GSABBUNVT, GSABBUNTE, GSA4IUNAT, GSA4IUNVT, $59.99 GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 *ALL INCLUSIVE PLANS require a 20 month device upgrade eligibility period which must be applied to the applicable Foundation Account Number (FAN) Profile before the plans will be available in the offer elements. Please contact your AT&T representative for details. Page 10 of 34 Page 823 of 1471 *ALL INCLUSIVE PLANS CONTINUED VOICE POOLED MINUTE PLAN UNLIMITED SOC CODE COMBINATION CONTRACT HOTSPOT/TETHERING BUNDLES PRICE 100 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP100 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 100; Unlimited Mobile-to-Mobile minutes, and 5000 GSA3IUNVT, GSALBUNVT, Nights &Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $52.23 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 100 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP100 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 100; Unlimited Mobile-to-Mobile minutes, and 5000 GSA3IUNVT, GSALBUNVT, Nights &Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $52.23 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 200 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP200 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 200; Unlimited Mobile-to-Mobile minutes, and 5000 GSA3IUNVT, GSALBUNVT, Nights &Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $54.29 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 200 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP200 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 200; Unlimited Mobile-to-Mobile minutes, and 5000 GSA3IUNVT, GSALBUNVT, Nights &Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $54.29 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 300 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP3000 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 300; Unlimited Mobile-to-Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $57.38 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 300 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP3000 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 300; Unlimited Mobile-to-Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $57.38 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 400 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP4000 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 400; Unlimited Mobile-to-Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $58.68 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 400 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP4000 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 400; Unlimited Mobile-to-Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, $58.68 GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 Page 11 of 34 Page 824 of 1471 500 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP500 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 500; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $65.62 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 500 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP500 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 500; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $65.62 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 600 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP600 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 600; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $66.68 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 600 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP600 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 600; Unlimited Mobile -to -Mobile minutes, and 5 GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $66.68 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 700 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP700 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 700; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $67.68 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 700 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP700 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 700; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $67.68 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 800 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP800 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 800; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $72.83 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 800 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP800 PLUS ONE OF THE FOLLOWING:G5A3IUNAT, 800; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $72.83 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 GOVP900 PLUS ONE OF THE FOLLOWING: 900 Min Pooled Voice Plan (Nationwide) 25C/min over GSA3IUNAT, GSA3IUNVT, GSALBUNVT, 900; Unlimited Mobile -to -Mobile minutes, and GSALBUNTE, GSABBUNVT, GSABBUNTE, Unlimited Nights &Weekend minutes and Unlimited GSA4IUNAT, GSA4IUNVT, GSASPUNAT, $74.89 Hotspot/Tethering Data only GSALUNLTE, GSALUNTEV Page 12 of 34 Page 825 of 1471 900 Min Pooled Voice Plan (Nationwide) 25C/min over GOVP900 PLUS ONE OF THE FOLLOWING:GSA3IUNAT, 900; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $74.89 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 1000 Min Pooled Voice Plan (Nationwide) 25C/min GOVP1000 PLUS ONE OF THE FOLLOWING:GSA3IUNAT, over 1000; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes and Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $79.01 Hotspot/Tethering Data only GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV 1000 Min Pooled Voice Plan (Nationwide) 25C/min GOVP1000 PLUS ONE OF THE FOLLOWING:GSA3IUNAT, over 1000; Unlimited Mobile -to -Mobile minutes, and GSA3IUNVT, GSALBUNVT, Unlimited Nights &Weekend minutes, Unlimited GSALBUNTE, GSABBUNVT, GSABBUNTE, $79.01 Hotspot/Tethering Data, and Unlimited Messaging GSA4IUNAT, GSA4IUNVT, GSASPUNAT, GSALUNLTE, GSALUNTEV PLUS RGOVMSG3 Example: GOVP3000 (25C/min over 300; unlimited Mobile -to -Mobile minutes, and unlimited Mobile -to -Mobile minutes) plus GSA3IUNAT (Unlimited Hotspot/Tethering Data) plus RGOVMSG3 (Unlimited Messages (SMS/MMS)) _ $57.38/month. *ALL INCLUSIVE PLANS require a 20 month device upgrade eligibility period which must be applied to the applicable Foundation Account Number (FAN) Profile before the plans will be available in the offer elements. Please contact your AT&T representative for details. Page 13 of 34 Page 826 of 1471 TABLETS, MI -FI, NETBOOKS, SOC CODES CONTRACT PRICE AIRCARDS DATA PLANS 5GB Cross Device Pooling: Tablets, BDPDC50, BDPDCL50, BDPPAD50, mi-fi, netbooks, and aircards BDPPDL50 $33.99, $0.015 per MB over 5GB (Pooled) Government Data Pooled Nation Plan Make managing your mobile workforce easier than ever. Pooled wireless data access is a simple and economical way to share data among Corporate Responsibility Users (CRUS). Workers use the data they need. Light users and heavy users can help balance each other out. It's a smart way to help control costs. Within a single Billing Account Number ("BAN"), CRUS activated on separate Government Pooled Nation for Data Plans are combined to create a "Data Pool." Every billing cycle, each CRU first uses his or her plan's included domestic data usage ("Included Usage"). If a CRU does not use all his or her Included Usage, it creates an underage in the amount of the unused KB of data usage ("Under Usage"). If a CRU uses more than his or her Included Usage, it creates an overage in the amount of the excess KB of data usage ("Over Usage"). The Data Pool's Under Usage amounts for each CRU and Over Usage amounts for each CRU are then aggregated respectively and the totals are compared. If the aggregate Under Usage amount exceeds the aggregate Over Usage amount, then the difference is allocated among each CRU in the Data Pool with Over Usage, resulting in a credit on the invoice equal to the amount of each such CRU's additional data usage charges. Any excess Under Usage will be forfeited. If the aggregate Over Usage amount exceeds the aggregate Under Usage amount, then the ratio of Under Usage to Over Usage is applied equally to the data usage of each CRU in the Data Pool with Over Usage, resulting in a credit on the invoice against each such CRU's corresponding additional data usage charges to partially offset such charges. For example, if a Data Pool has 900 Under Usage KB and 1000 Over Usage KB (which means a ratio of 90%), then each CRU with Over Usage will receive a bill credit equal to 90% of his or her additional data usage charges. CRUS changing price points or migrating Government Pooled Nation for Data plans during a bill cycle may result in one-time proration(s) or other minor impacts to the credit calculation. Customer may have more than one Data Pool within a Foundation Account Number; however, CRUS in one Data Pool cannot take advantage of another Data Pool's Under Usage, and each CRU can only participate in one Data Pool at a time. AT&T reserves the right to limit the number of CRUS in a Data Pool due to Government needs and system limitations. CRUS on non -pooling AT&T plans may be included in the same BAN as CRUS on Government Pooled Nation for Data Plans; however, these non -pooling CRUS will not receive the pooling benefits or contribute Included Usage to other CRUS in a Data Pool. Additional terms and conditions apply — for details, see your company's Government Agreement, including without limitation, the "Enterprise Customers: Additional Service and Equipment Related Terms" found at www.att.com/abs-addtl-terms. Wi-Fi: Wi-Fi enabled device required. Wi-Fi access includes AT&T Wi-Fi Basic. Other restrictions apply. See attwifi.com for details and locations. International roaming not included. Page 14 of 34 Page 827 of 1471 UNLIMITED DATA CONNECT PLAN I SOC CODES I CONTRACT PRICE LTEDDUG, DDUG, PADUNGOV, Unlimited Data Connect LTEPDUNGV, LTETBUNGV, $34.99 TABUNGOV Data Connect and Laptop Connect plans These plan call for unlimited data usage for 3G and 4G/LTE capable Netbooks, Notebooks, Laptops, and USB devices. Plan provides unlimited domestic data. Voice calling is Pay -Per -Use (PPU). In -Network and Out -of -Network rates apply. Page 15 of 34 Page 828 of 1471 TELEMETRY DATA PLANS SOC CODES CONTRACT PRICE 1 MB Plan PTCJ, PCTJ $5.00, $5.00/MB (Pooled) 5 MB Plan PTCN, PCTN $7.00, $5.00/MB (Pooled) 10 MB Plan PTCI, PCTI $9.50, $5.00/MB (Pooled) (Telemetry Data) Government Connect plans Are intended for use with machine -to -machine and/or Wireless Wide Area Network (WWAN) applications and not for support of individual remote or mobile workers using a laptop or PDA. For plans designed for laptop and PDA customers, see DataConnect rate plan brochure. AT&T also imposes the following charges: a Regulatory Cost Recovery Fee of up to $1.25 to help defray its costs incurred in complying with obligations and charges imposed by State and Federal telecom regulation, a gross receipts surcharge, and State and Federal Universal Service charges. The Regulatory Cost Recovery Fee is not a tax or a government -required charge. ELIGIBILITY: Valid eligible Government or government agreement for wireless service required. Government Connect plans are restricted to corporate responsibility end users ("Corporate Responsibility Users" or "CRUS"). Individual responsibility end users (a.k.a. "Sponsorship Employees") may not activate lines under Government Connect plans. Government customer and CRU service address(es) must be within an AT&T - owned wireless network coverage area. Fixed wireless deployments must be installed within an AT&T -owned wireless network coverage area. Ask your AT&T account representative for address verification. Government Connect plans only work with select equipment, features, billing services and service offerings. VOICE CALLING: Voice calling is restricted on the 1MB, 5MB, and 10MB plans. For primary and back0up plans with a voice -capable device, voice calls are $0.40 per minute on AT&T's wireless network and $0.69 per minute for domestic roaming voice calls off AT&T's wireless network. See AT&T Nation® Rate Plan map for voice coverage area. If desired, subscribers may request voice blocking on any rate plan at no additional cost. MESSAGING: The default rate is $0.20/message for Text/Instant Messages and $0.30/message for Picture/Video Messages. Charges for international messages from the U.S. are $0.20/message for Text Messages and $0.50/message for Picture/Video Messages. Additional charges for premium content apply. MISCELLANEOUS: AT&T strongly encourages the use of compatible customer -provided and/or third -party security solutions, such as virtual private networks (VPNs). Additional eligibility, billing, usage and other restrictions and terms apply. See General Terms and Conditions and applicable Additional Terms that follow. I. GENERAL TERMS AND CONDITIONS APPLICABLE TO AT&T'S GOVERNMENT CONNECT WIRELESS DATA SERVICES, INCLUDING BUT NOT LIMITED TO, FEATURES THAT MAY BE USED WITH SUCH WIRELESS DATA SERVICES AND WIRELESS CONTENT. AT&T provides wireless data services, including but not limited to, features that may be used with wireless data services and wireless content ("Services"). The absolute capacity of the wireless data network is limited. Accordingly, service is only provided for circumscribed purposes and pricing for Data Services is device dependent, based on the transmit and receive capacity of each device. A pricing plan designated for one type of device may not be used with another device. These Services may be subject to credit approval and may only be available when combined with certain voice rate plans. An activation fee of $18 may apply to each new line activated on a Government Connect plan of $8.99, $11.99, $13.99, $15.99, $17.99 or $20.99. An activation fee of $40 may apply to each new line activated on a Government Connect plan of $29.99 or higher. Compatible data -enabled wireless device required. Usage/Billing: Usage and monthly fees will be charged as specified in your plan. DATA TRANSPORT IS BILLED IN FULL -KILOBYTE INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT FULL -KILOBYTE INCREMENT AT THE END OF EACH DATA SESSION FOR BILLING PURPOSES. AT&T CHARGES A FULL KILOBYTE OF DATA TRANSPORT FOR EVERY FRACTION OF THE LAST KILOBYTE OF DATA TRANSPORT USED ON EACH DATA SESSION. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, AND RESEND REQUESTS CAUSED BY NETWORK ERRORS CAN INCREASE MEASURED KILOBYTES. AIRTIME AND OTHER MEASURED USAGE ARE BILLED IN FULL -MINUTE INCREMENTS AND ROUNDED UP TO THE NEXT FULLMINUTE INCREMENT AT THE END OF EACH CALL FOR BILLING PURPOSES. Data sent and received includes, but is not limited to downloads, email, overhead and software update checks. Unless designated Page 16 of 34 Page 829 of 1471 for International or Canada use, prices and included use apply to EDGE/GPRS and Broad bandConnect access and use on AT&T's wireless network and its partner wireless networks within the United States and its territories (Puerto Rico and the U.S. Virgin Islands), excluding areas within the Gulf of Mexico. Usage on networks not owned by AT&T is limited as provided in your data plan. Charges will be based on the location of the site receiving and transmitting service and not the location of the subscriber. BroadbandConnect access requires a compatible, eligible 3G device. Overage is billed by the kilobyte. Service charges paid in advance for monthly or annual Services are nonrefundable. Some Services may require an additional monthly subscription fee and/or be subject to additional charges and restrictions. See applicable rate plan materials for complete pricing and terms. Prices do not include taxes, directory assistance, roaming, universal services fees or other exactions and are subject to change. In order to assess your usage during an applicable billing period, you may obtain approximate usage information by calling customer service or using one of our automated systems. Voice: If you have a voice-capable device, unless you request voice blocking, select a data plan that restricts voice access or select a qualified voice plan, the default rate for voice calls on AT&T's wireless network are $0.40 per minute and $0.69 per minute for domestic roaming voice calls off AT&T's wireless network (rates are subject to change without notice). Additional taxes and surcharges may apply. See AT&T Nation® map at store or att.com/wireless for default wireless voice coverage area. If you request voice blocking or your selected data plan restricts voice access, all voice calling capabilities (except for outgoing calls from the device to 911 or 611) will be blocked, including without limitation, calls from 911 or 611 to the device. If you have a wireless voice plan, wireless voice calls are billed as provided in your wireless voice rate plan. Roaming: Roaming charges for wireless data or voice service may be charged with some plans when outside AT&T's wireless network. Display on your device will not indicate whether you will incur roaming charges. Services originated or received while outside your plan's included coverage area are subject to roaming charges. Use of Services when roaming is dependent upon roaming carrier's support of applicable network technology and functionality. Check with roaming carriers individually for support and coverage details. Billing for domestic and international roaming usage may be delayed up to three billing cycles due to reporting between carriers. You may be required to (1) use a device programmed with AT&T's preferred roaming database; and (2) have a mailing address and live in the United States, Puerto Rico or the U.S. Virgin Islands. International Roaming: See att.com/wireless international or dial 866.246.4852 for more information and for a list of currently available countries and carriers. Compatible international-capable device required. Certain countries and/or carriers within a roaming zone may be unavailable with certain plans or Services while roaming. Availability, quality of coverage and Services while roaming are not guaranteed. Rates apply to AT&T's wireless customers only. Certain tenure, billing and credit restrictions and additional charges may apply. Many devices including iPhone transmit and receive data messages without user intervention and can generate unexpected charges when taken out of the United States. Cancellations/Early Termination Fee: An Early Termination Fee of $175 may be assessed against you in the event that you terminate your Wireless Service Agreement and/or selected plan before the expiration of its term. For Service activated on or after May 25, 2008, the Early Termination Fee will be reduced by $5 for each full month toward your minimum term that you complete. You may cancel your service, for any reason and without incurring the Early Termination Fee, within thirty (30) days of signing your Wireless Service Agreement, PROVIDED, however, that if you cancel service you will remain responsible for any service fees and charges incurred. If you cancel within three (3) days of signing your Wireless Service Agreement, you will be entitled to a refund of your activation fee, if any. If you exercise this option, you may be required to return devices and associated accessories purchased in connection with your Wireless Service Agreement. Service Availability and Access/Coverage: AT&T does not guarantee availability of wireless network. Services may be subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Services (including without limitation, eligibility requirements, plans, pricing, features and/or service areas) are subject to change without notice. When outside coverage area, access will be limited to information and applications previously downloaded to or resident on your device. Coverage areas vary between AT&T Broad bandConnect, EDGE and GRPS. AT&T BroadbandConnect only available in select markets. See coverage map(s), available at store or from your sales representative, for details. AT&T BroadbandConnect download speeds only available on the AT&T Broad bandConnect network. Actual download speeds depend upon device characteristics, network, network availability and coverage levels, tasks, file characteristics, applications and other Page 17 of 34 Page 830 of 1471 factors. Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints. Information/Content: Certain information or content is provided by independently owned and operated content providers or service providers who are subject to change at any time without notice. AT&T IS NOT A PUBLISHER OF THIRD -PARTY INFORMATION OR CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES. Third -party content or service providers may impose additional charges. Policies regarding intellectual property, privacy and other policies may differ among AT&T's content or service providers and you are bound by such policies when you visit their respective sites or use their services. It is your responsibility to read the rules or service agreements of each content provider or service provider. Any information you involuntarily or voluntarily provide third parties is governed by their policies. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any information or downloaded data is not guaranteed or warranted by AT&T or any content providers or other third party. Delays or omissions may occur. Neither AT&T nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by any information acquired through the Service. You acknowledge that every Government or personal decision, to some degree or another, represents an assumption of risk, and that neither AT&T nor its content and service providers or suppliers, in providing access to information, underwrites, can underwrite, or assumes your risk in any manner whatsoever. Prohibited and Permissible Uses: Except as may otherwise be specifically permitted or prohibited for select data plans, data sessions may be conducted only for Wireless Wide Area Network (WWAN) applications (e.g. machine -to -machine connections). While most common uses for Wireless Wide Area Network (WWAN) applications are permitted by your data plan, there are certain uses that cause extreme network capacity issues and interference with the network and are therefore prohibited. Examples of prohibited uses include, without limitation, the following: (i) server devices or host computer applications; (ii) "auto -responders," "cancelbots," or similar automated or manual routines which generate excessive amounts of net traffic, or which disrupt net user groups or email use by others; (iii) "spam" or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email); (iv) any activity that adversely affects the ability of other people or systems to use either AT&T's wireless services or other parties' Internet -based resources, including "denial of service" (DoS) attacks against another network host or individual user; (v) accessing, or attempting to access without authority, the accounts of others, or to penetrate, or attempt to penetrate, security measures of AT&T's wireless network or another entity's network or systems; downloading movies using P2P file sharing services, redirecting television signals for viewing on Personal Computers, web broadcasting, and/ or for the operation of servers, is prohibited. Furthermore, plans (unless specifically designated for tethering usage) cannot be used for any applications that tether the device (through use of, including without limitation, connection kits, other phone/PDA-to-computer accessories, Bluetooth® or any other wireless technology) to Personal Computers (including without limitation, laptops), or other equipment for any purpose. Accordingly, AT&T reserves the right to (i) deny, disconnect, modify and/or terminate Service, without notice, to anyone it believes is using the Service in any manner prohibited or whose usage adversely impacts its wireless network or service levels or hinders access to its wireless network, including without limitation, after a significant period of inactivity or after sessions of excessive usage and (ii) otherwise protect its wireless network from harm, compromised capacity or degradation in performance, which may impact legitimate data flows. You may not send solicitations to AT&T's wireless subscribers without their consent. You may not use the Services other than as intended by AT&T and applicable law. Plans are for individual, non-commercial use only and are not for resale. AT&T may, but is not required to, monitor your compliance, or the compliance of other subscribers, with AT&T's terms, conditions, or policies. Security: AT&T DOES NOT GUARANTEE SECURITY. Data encryption is available with some, but not all, Services sold by AT&T. If you use your device to access company email or information, it is your responsibility to ensure your use complies with your company's internal IT and security procedures. Changes to the terms and conditions: These terms and conditions may be changed from time to time. AT&T will post the most current version of these terms and conditions at http://www.wireless.att.com/Governmentcenter/Government-programs/midlarge/wan.jsp or other appropriate location. Please check these regularly to inform yourself about changes to the terms and conditions. Access Requirements: Page 18 of 34 Page 831 of 1471 Additional hardware, software, subscription, credit or debit card, Internet access from your compatible PC and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third -party products and/or services, which are subject to any applicable third -party terms and conditions and may require separate purchase from and/or agreement with the third -party provider. AT&T is not responsible for any consequential damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible. Miscellaneous: Not all plans or Services are available for purchase or use in all sales channels, in all areas or with all devices. AT&T is not responsible for loss or disclosure of any sensitive information you transmit. AT&T's wireless services are not equivalent to landline Internet. AT&T is not responsible for nonproprietary services or their effects on devices. If applicable, use of Desktop Toolbar requires compatible home computer products. AT&T RESERVES THE RIGHT TO TERMINATE YOUR SERVICES WITH OR WITHOUT CAUSE, INCLUDING WITHOUT LIMITATION, UPON EXPIRATION OR TERMINATION OF YOUR WIRELESS SERVICE AGREEMENT. Caller ID blocking is not available when using the Services, and your wireless number is transmitted to Internet sites you visit. You may receive unsolicited messages from third parties as a result of visiting Internet sites, and a per -message charge may apply whether the message is read or unread, solicited or unsolicited. Additional Terms: See below for additional terms relating to specific Services and rate plans. In addition, all use of AT&T's wireless network and the Services is governed by AT&T's Acceptable Use Policy, which can be found at att.com/Acceptable Use Policy, as determined solely by AT&T. AT&T can revise its Acceptable Use Policy at any time without notice by updating this posting. Use of the Services is subject to Terms and Conditions of your Wireless Service Agreement. See Wireless Service Agreement, att.com/wireless or AT&T Customer Service for additional conditions, restrictions, privacy policy and information. Intellectual Property: All trademarks, service marks and trade names used on or in connection with the Services are the property of their respective owners. You must respect the intellectual property rights of AT&T, our third -party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by AT&T or accessed through the AT&T's websites. Except for material in the public domain, all material displayed in association with the Service is copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed or otherwise exploited, in whole or in part, without the permission of the owner. II. ADDITIONAL TERMS APPLICABLE TO GOVERNMENT CONNECT FOR SPECIFIC WIRELESS DATA SERVICES, TEXT, INSTANT MESSAGING AND PICTURE/VIDEO MESSAGING. Messages are limited to 160 characters per message. Premium text and picture/video messages are charged at their stated rates. Standard rates apply to all incoming messages when in the U.S. Different, non-standard per message charges apply to international messages sent from the U.S. Text, Instant, Picture, and Video messages are charged when sent or received, whether read or unread, solicited or unsolicited. AT&T does not guarantee delivery of messages. Text, Instant, Picture, and Video messages, including downloaded content, not delivered within 7 days will be deleted. AT&T reserves the right to change this delivery period as needed without notification. You are charged for each part of messages that are delivered to you in multiple parts. Picture/Video Messaging, data plan, and Text Messaging may need to be provisioned on an account in order to use Picture/ Video Messaging. Some elements of Picture/Video messages may not be accessible, viewable, or heard due to limitations on certain wireless phones, PCs, or e-mail. AT&T reserves the right to change the Picture/Video message size limit at any time without notification. Picture/Video Messaging pricing is for domestic messages only. When a single message is sent to multiple recipients, the sender is charged for one message for each recipient and each recipient is charged for the message received. Text message notifications may be sent to non-Picture/Video Messaging subscribers if they subscribe to Text Messaging. Fixed wireless deployments: INSTALLATION MUST BE WITHIN AN AT&T -OWNED WIRELESS NETWORK COVERAGE AREA AND USAGE OF THE SERVICES ON OTHER CARRIERS' WIRELESS NETWORKS ("OFFNET USAGE") IS PROHIBITED. If your fixed wireless deployment incurs any off -net usage, AT&T may at its option terminate your wireless service or access to data Services, deny your continued use of other carriers' coverage, or change your plan to one imposing usage charges for off - net usage. AT&T will provide notice that it intends to take any of the above actions and you may terminate your agreement. Mobile wireless deployments: If your mobile wireless deployment Off -net Usage exceeds 10% of the kilobytes included with your plan during any two consecutive months, AT&T may at its option terminate your wireless service or Page 19 of 34 Page 832 of 1471 access to data Services, deny your continued use of other carriers' coverage, or change your plan to one imposing usage charges for offnet usage. AT&T will provide notice that it intends to take any of the above actions and you may terminate your agreement. Government Connect plans (excluding $29.99 plan): Consolidated billing is required. WIN Advantage® may also be required. AT&T will not provide Customer Care support on an individual subscriber basis, including without limitation, 611 calls from the device into the AT&T Customer Care support center. For Customer Care support, you must go through one designated contact, such as your telecom manager or system administrator, for all your CRUS under the plan. Pooling: Within a single Foundation Account (FAN), Customer's CRUS with pooling on an eligible Government Connect Plan ("Pooled Plan") aggregate or "pool" their included data usage ("Included Usage"), creating a "Pool." To pool together, each CRU in the Pool must subscribe to a Pooled Plan that has the same amount of Included Usage and the same Additional Kilobyte charge ("Similar Pooled Plan"). Every billing cycle, each CRU first uses his or her Included Usage. If a CRU does not use all his or her Included Usage it creates an underage in the amount of unused kilobytes ("Under Usage"). If a CRU uses more than his or her included usage it creates an overage with respect to kilobytes of data usage ("Over Usage"). The Pool's Under Usage kilobytes and Over Usage kilobytes are then aggregated respectively and compared. If the aggregate Under Usage kilobytes exceed the aggregate Over Usage kilobytes, then no CRU in the Pool pays Additional Kilobyte charges. If the aggregate Over Usage kilobytes exceed the aggregate Under Usage kilobytes, then the ratio of Under Usage kilobytes to Over Usage kilobytes is applied to the data usage of each CRU in the Pool with Overage Usage, resulting in a monetary credit against the corresponding Additional Kilobyte charges. For example, if a Pool has 900 Under Usage kilobytes and 1,000 Over Usage kilobytes (90%), then each CRU with Over Usage will receive a credit equal to 90% of his or her Additional Kilobyte charges. CRUS changing price points or migrating to Pooled Plans during a bill cycle may result in one-time proration(s) or other minor impacts to the credit calculation. Customer may have more than one Pool within a FAN provided that Customer may only have one Pool for Similar pooled Plans within a FAN; however, an individual CRU can only be in one Pool at a time. AT&T reserves the right to limit the number of CRUS in a Pool due to Government needs and system limitations. CRUS on Pooled Plans and CRUS participating in a legacy Telemetry connect plan pool created prior to February 17, 2006 ("Legacy Pool") cannot be in the same Pool but can be within the same FAN. End users on non -pooling AT&T plans may be included in the same FAN as CRUS on pooled plans; however, these non -pooling end users will not receive the pooling benefits or contribute Included Usage to a pool. Page 20 of 34 Page 833 of 1471 MESSAGING PLANS SOC CODE CONTRACT PRICE 200 Messages (SMS/MMS) RMSG1 $0.00, 10.00/message over 200 Unlimited Messaging (SMS/MMS) (Should be used when a flat rate (Per Minute Voice Plan) is selected MSG3 $5.15 for a feature phone or a smartphone Unlimited Messaging (SMS/MMS) *(Should be used when adding a pooled minute voice plan to a RGOVMSG3 *$0.00 smartphone otherwise it is $5.15) Text, Messaging And Picture/Video Messaging If you do not enroll in a monthly recurring plan for messaging, data, or Video Share, you may have access to messaging, data, and video share services and be charged on a pay -per -use basis if you use those services. Messages are limited to 160 characters per message. Premium text and picture/video messages are charged at their stated rates. Standard rates apply to all incoming messages when in the U.S. Different, non-standard per message charges apply to international messages sent from the U.S. v07262013C 14 Text, Picture, and Video messages are charged when sent or received, whether read or unread, solicited or unsolicited. AT&T does not guarantee delivery of messages. Text, Picture, and Video messages, including downloaded content, not delivered within 3 days will be deleted. AT&T reserves the right to change this delivery period as needed without notification. You are charged for each part of messages that are delivered to you in multiple parts. Picture/Video Messaging, data plan, and Text Messaging may need to be provisioned on an account in order to use Picture/Video Messaging. Some elements of Picture/Video messages may not be accessible, viewable, or heard due to limitations on certain wireless phones, PCs, or e-mail. AT&T reserves the right to change the Picture/Video message size limit at any time without notification. Picture/Video Messaging pricing is for domestic messages only. When a single message is sent to multiple recipients, the sender is charged for one message for each recipient and each recipient is charged for the message received. Text message notifications may be sent to non-Picture/Video Messaging subscribers if they subscribe to Text Messaging. You may receive unsolicited messages from third parties as a result of visiting Internet sites, and a per -message charge may apply whether the message is read or unread, solicited or unsolicited. You agree you will not use our messaging services to send messages that contain advertising or a commercial solicitation to any person or entity without their consent. You will have the burden of proving consent with clear and convincing evidence if a person or entity complains you did not obtain their consent. Consent cannot be evidenced by third party lists you purchased or obtained. You further agree you will not use our messaging service to send messages that: (a) are bulk messages (b) are automatically generated; (c) can disrupt AT&T's network; (d) harass or threaten another person (e) interfere with another customer's use or enjoyment of AT&T's Services; (f) generate significant or serious customer complaints, (g) that falsify or mask the sender/originator of the message; or (h) violate any law or regulation. AT&T reserves the right, but is not obligated, to deny, disconnect, suspend, modify and/or terminate your messaging service or messaging services with any associated account(s), or to deny, disconnect, suspend, modify and/or terminate the account(s), without notice, as to anyone using messaging services in any manner that is prohibited. Our failure to take any action in the event of a violation shall not be construed as a waiver of the right to enforce such terms, conditions, or policies. Advertising and commercial solicitations do not include messaging that: (a) facilitates, completes, or confirms a commercial transaction where the recipient of such message has previously agreed to enter into with the sender of such message; or (b) provides account information, service or product information, warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the recipient of such message. Page 21 of 34 Page 834 of 1471 ENHANCED PUSH TO TALK PLANS (ePTT) SOC CODES CONTRACT PRICE Enhanced PTT Bolt -On with a Non -Flat Rate Plan EPPT05, EPTT05F $3.00, Unlimited ePTT Enhanced PTT Bolt -On with a Flat Rate Plan EPTT1999, EPTT1999F $10.00, Unlimited ePTT Enhanced PTT Standalone Price Plan EPTT030 $18.99, Unlimited ePTT only Enhanced Push to Talk Plans AT&T Enhanced Push -to -Talk ("Enhanced PTT") is an IP -based end-to-end communications and applications platform that provides sub -second connections, advanced features that operate on a broad portfolio of compatible smartphone and rugged phone devices, and integration with various advanced mobility applications for use on the AT&T wireless data network and compatible Internet -connected networks. General Enhanced PTT subscribers can hold near -instant voice communications with individuals and groups of up to 250 designated users with compatible devices ("End Users") on AT&T's wireless data network and compatible Wi-Fi networks. Using the online Corporate Administrator Tool, subscribers can create lists of up to 1,000 contacts and view their contacts' availability in real time through the use of status indicators. In addition, supervisors can override PTT calls in order to communicate time -sensitive messages to their teams. Using the optional Integrated Dispatch feature, subscribers can view End Users' locations on a map and record PTT communications with the administrator's PC. Using the optional Interoperability Feature, EPTT users can communicate with Land Mobile Radio and other external PTT networks using additional equipment, services and/or software available from third -party providers. Important Information Software: Enhanced PTT (the "Service") consists of client software that is installed on supported devices that operate on the AT&T wireless data network and compatible Internet -connected networks. Use of the service on supported smartphones and PCs requires download and installation of the Enhanced PTT client software onto such devices. Other software on an end user's device may impair performance. Customer and its end users must accept the EPTT End User License Agreement that may be found at www.att.com/eptteula prior to Customer's installation and use of the Enhanced PTT software on their devices and PCs. Use of Integrated Dispatch software requires acceptance of the Integrated Dispatch End User License Agreement presented during installation. AT&T or its suppliers retain all right, title and interest, including, without limitation, all intellectual property rights, in and to all such software. SERVICE LIMITATIONS: ENHANCED PTT IS NOT INTENDED FOR USE IN EMERGENCY OR CRITICAL COMMUNICATIONS SETTINGS, OR WHERE ENCRYPTION IS REQUIRED FOR END-TO-END DATA IN TRANSIT. Availability, security, speed, timeliness, accuracy and reliability of service are not guaranteed. If the Customer attempts to access Enhanced PTT via a custom Access Point Name (APN), through a firewall or from a network that does not meet the specified network access criteria defined at Enabling Requirements, the Service will not work. Enhanced PTT service is not compatible with traditional circuit -switched voice calls or certain other AT&T wireless services, including, without limitation, voice mail/Visual Voice Mail, AT&T Address Book, and Wireless Priority Service. The Service requires use of a supported wireless device or a Personal Computer running Windows Vista OS or higher ("PC"). Use of the Enhanced PTT client for PCs may require that the PC be connected to AT&T's wireless network through an integrated modem/aircard or mobile hotspot device with a qualified data plan service. A list of supported devices is available at www.att.com/eptt, which is subject to change. The user interface and service performance may vary by device, and Integrated Dispatch features may not be compatible with all wireless devices. The Service is available to Customers with a qualified AT&T Government or government agreement Page 22 of 34 Page 835 of 1471 ("Enterprise Agreement") and their associated corporate responsibility users ("CRUs") and individual responsibility users ("IRUs"). It may not be available for purchase in all areas, and not all service features and functionality are available on all supported devices. The Corporate Administrator Tool, Integrated Dispatch and Enhanced PTT client for PCs are only available for use with CRUs. Service performance is subject to transmission limitations and terrain, system, capacity and other limitations. The Service is not compatible with devices provisioned through the AT&T Control Center or Enterprise On Demand platforms. Enhanced PTT is designed to work only over AT&T's domestic wireless data network footprint and for AT&T subscribers over compatible Wi-Fi networks. Enhanced PTT is disabled while using domestic or international roaming cellular wireless networks. Wireless data coverage is not available in some areas. AT&T mobility coverage maps are available at www.att.com/Government/datacoverage. Wireless data coverage is subject to transmission limitations and terrain, system, capacity and other limitations. Usage of Enhanced PTT on networks other than the AT&T wireless data network is dependent on proper configuration and quality of the network connection (see Enabling Requirements for details). AT&T is unable to provide troubleshooting or configuration assistance for third -party network connections, and may be limited in its ability to troubleshoot service problems for transmissions made using such networks. AT&T provides no customer support in this regard other than verifying connectivity to the AT&T network and the Service. Page 23 of 34 Page 836 of 1471 AT&T Mobility Application Solutions Category Product Description AT&T Mobile Field Solutions Actsoft A set of mobile resource management solutions that help businesses gain visibility to and manage mobile workers or assets, and daily activities in the field. Available tools include GPS tracking, wireless time entry, vehicle and asset location mapping, multi -point polygon geo-fencing, work order dispatching, advanced wireless forms, in- field invoicing and barcode scanning. These location -based software solutions use GPS and wireless technology and include a customer -specific portal. The Actsoft solution set includes both web -based and client -based solutions that work on certain mobile devices including feature phones, smartphones, tablets and specialized devices running the mComet application. Product Code Product Name Monthly List Price ACSFTMW01 MOBILE WORKER $42.00 ACSFTWMAF MOBILE WORKER AWF $51.00 ACTS U S PS ACTSO FT $10.99 ASCE001 COMET EZ - 1 $15.00 ASCE002 COMET EZ - 2 $30.00 ASCE004 COMET EZ - 4 $60.00 ASCE008 COMET EZ - 8 $120.00 ASCE016 COMET EZ - 16 $240.00 ASCE032 COMET EZ - 32 $480.00 ASCE064 COMET EZ - 64 $960.00 ASCE128 COMET EZ - 128 $1,920.00 Page 24 of 34 Page 837 of 1471 ASCE256 COMET EZ - 256 $3,840.00 ASCE512 COMET EZ - 512 $7,680.00 ASCF001 COMET TRKR AWF - 1 $30.00 ASCF002 COMET TRKR AWF - 2 $60.00 ASCF004 COMET TRKR AWF - 4 $120.00 ASCF008 COMET TRKR AWF - 8 $240.00 ASCF016 COMET TRKR AWF - 16 $480.00 ASCF032 COMET TRKR AWF - 32 $960.00 ASCF064 COMET TRKR AWF - 64 $1,920.00 ASCF128 COMET TRKR AWF - 128 $3,840.00 ASCF256 COMET TRKR AWF - 256 $7,680.00 ASCF512 COMET TRKR AWF - 512 $15,360.00 ASCM001 COMET MW AWF - 1 $51.00 ASCM002 COMET MW AWF - 2 $102.00 ASCM004 COMET MW AWF - 4 $204.00 ASCM008 COMET MW AWF - 8 $408.00 ASCM016 COMET MW AWF - 16 $816.00 ASCM032 COMET MW AWF - 32 $1,632.00 ASCM064 COMET MW AWF - 64 $3,264.00 ASCM128 COMET MW AWF - 128 $6,528.00 ASCM256 COMET MW AWF - 256 $13,056.00 ASCM512 COMET MW AWF - 512 $26,112.00 ASCN001 COMPASS NAV - 1 $7.00 ASCN002 COMPASS NAV - 2 $14.00 ASCN004 COMPASS NAV - 4 $28.00 Page 25 of 34 Page 838 of 1471 ASCN008 COMPASS NAV - 8 $56.00 ASCN016 COMPASS NAV - 16 $112.00 ASCN032 COMPASS NAV - 32 $224.00 ASCN064 COMPASS NAV - 64 $448.00 ASCN128 COMPASS NAV - 128 $896.00 ASCN256 COMPASS NAV - 256 $1,792.00 ASCN512 COMPASS NAV - 512 $3,584.00 ASCS001 ACTSOFT AWF - 1 $15.00 ASCS002 ACTSOFT AWF - 2 $30.00 ASCS004 ACTSOFT AWF - 4 $60.00 ASCS008 ACTSOFT AWF - 8 $120.00 ASCS016 ACTSOFT AWF - 16 $240.00 ASCS032 ACTSOFT AWF - 32 $480.00 ASCS064 ACTSOFT AWF - 64 $960.00 ASCS128 ACTSOFT AWF - 128 $1,920.00 ASCS256 ACTSOFT AWF - 256 $3,840.00 ASCS512 ACTSOFT AWF - 512 $7,680.00 ASCT001 COMET TRACKER - 1 $21.00 ASCT002 COMET TRACKER - 2 $42.00 ASCT004 COMET TRACKER - 4 $84.00 ASCT008 COMET TRACKER - 8 $168.00 ASCT016 COMET TRACKER - 16 $336.00 ASCT032 COMET TRACKER - 32 $672.00 ASCT064 COMET TRACKER - 64 $1,344.00 ASCT128 COMET TRACKER - 128 $2,688.00 Page 26 of 34 Page 839 of 1471 ASCT256 COMET TRACKER - 256 $5,376.00 ASCT512 COMET TRACKER - 512 $10,752.00 ASCW001 COMET MW - 1 $42.00 ASCW002 COMET MW - 2 $84.00 ASCW004 COMET MW - 4 $168.00 ASCW008 COMET MW - 8 $336.00 ASCW016 COMET MW - 16 $672.00 ASCW032 COMET MW - 32 $1,344.00 ASCW064 COMET MW - 64 $2,688.00 ASCW128 COMET MW - 128 $5,376.00 ASCW256 COMET MW - 256 $10,752.00 ASCW512 COMET MW - 512 $21,504.00 ASFTCE01 COMET EZ $15.00 Page 27 of 34 Page 840 of 1471 AT&T Mobility Application Solutions Continued AT&T Mobile Field Solutions Netmotion VPN A client/server software -only mobile Virtual Private Network ("VPN") for Windows operating devices, including laptops, tablets, pocket PCs and smartphones, that provides application persistence to the Transport Layer of the Open System Interconnection ("OSI") Layer. The Solution also helps to protect the VPN tunnel and applications from data loss, and it does not require multiple log -ins or re -authentication when a user suspends and resumes use of devices or transitions across networks. Product Code Product Name List Price RTL.43019 Mobility for Windows (25-99) $200.00 RTL.43690 Mobility for Windows (100-249) $145.00 RTL.43691 Mobility for Windows (250-499) $135.00 RTL.43692 Mobility for Windows (500-999) $125.00 RTL.43020 Mobility for Windows + Analytics (25-99) $220.00 RTL.43693 Mobility for Windows + Analytics (100-249) $160.00 RTL.43694 Mobility for Windows + Analytics (250-499) $150.00 RTL.43695 Mobility for Windows + Analytics (500-999) $140.00 RTL.43021 Mobility for Windows + NAC (25-99) $220.00 RTL.43696 Mobility for Windows + NAC (100-249) $160.00 RTL.43697 Mobility for Windows + NAC (250-499) $150.00 RTL.43698 Mobility for Windows + NAC (500-999) $140.00 RTL.43022 Mobility for Windows + NAC & Analytics (25-99) $240.00 RTL.43704 Mobility for Windows + NAC & Analytics (100-249) $175.00 RTL.43703 Mobility for Windows + NAC & Analytics (250-499) $165.00 RTL.43705 Mobility for Windows + NAC & Analytics (500-999) $155.00 RTL.43023 Mobility for Windows + Policy (25-99) $275.00 RTL.43700 Mobility for Windows + Policy (100-249) $210.00 RTL.43043 Mobility for Windows + Policy (250-499) $195.00 RTL.43044 Mobility for Windows + Policy (500-999) $180.00 RTL.43024 Mobility for Windows + Policy & Analytics (25-99) $295.00 RTL.43045 Mobility for Windows + Policy & Analytics (100-249) $225.00 RTL.43046 Mobility for Windows + Policy & Analytics (250-499) $210.00 Page 28 of 34 Page 841 of 1471 RTL.43047 Mobility for Windows + Policy & Analytics (500-999) $195.00 RTL.43025 Mobility for Windows + Policy & NAC (25-99) $295.00 RTL.43711 Mobility for Windows + Policy & NAC (100-249) $225.00 RTL.43712 Mobility for Windows + Policy & NAC (250-499) $210.00 RTL.43713 Mobility for Windows + Policy & NAC (500-999) $195.00 RTL.43026 Mobility for Windows + Policy, NAC & Analytics (25-99) $315.00 RTL.43714 Mobility for Windows + Policy, NAC & Analytics (100-249) $240.00 RTL.43706 Mobility for Windows + Policy, NAC & Analytics (250-499) $225.00 RTL.43715 Mobility for Windows + Policy, NAC & Analytics (500-999) $210.00 RTL.43716 Mobility for Android (25-99) $200.00 RTL.43717 Mobility for Android (100-249) $145.00 RTL.43718 Mobility for Android (250-499) $135.00 RTL.43719 Mobility for Android (500-999) $125.00 RTL.43720 Mobility for Android + Analytics (25-99) $220.00 RTL.43721 Mobility for Android + Analytics (100-249) $160.00 RTL.43722 Mobility for Android + Analytics (250-499) $150.00 RTL.43723 Mobility for Android + Analytics (500-999) $140.00 RTL.43724 Mobility for Android + Policy (25-99) $275.00 RTL.43725 Mobility for Android + Policy (100-249) $210.00 RTL.43726 Mobility for Android + Policy (250-499) $195.00 RTL.43727 Mobility for Android + Policy (500-999) $180.00 RTL.43728 Mobility for Android + Policy & Analytics (25-99) $295.00 RTL.43729 Mobility for Android + Policy & Analytics (100-249) $225.00 RTL.43730 Mobility for Android + Policy & Analytics (250-499) $210.00 RTL.43731 Mobility for Android + Policy & Analytics (500-999) $195.00 RTL.4882D Mobility for iOS (25-99) $200.00 RTL.4880D Mobility for iOS (100-249) $145.00 RTL.4883D Mobility for iOS (250-499) $135.00 RTL.4874D Mobility for iOS (500-999) $125.00 RTL.4879D Mobility for iOS + Analytics (25-99) $220.00 RTL.4875D Mobility for iOS + Analytics (100-249) $160.00 RTL.4885D Mobility for iOS + Analytics (250-499) $150.00 RTL.4872D Mobility for iOS + Analytics (500-999) $140.00 RTL.4871D Mobility for iOS + Policy (25-99) $275.00 RTL.4886D Mobility for iOS + Policy (100-249) $210.00 RTL.4873D Mobility for iOS + Policy (250-499) $195.00 RTL.4887D Mobility for iOS + Policy (500-999) $180.00 RTL.4878D Mobility for iOS + Policy & Analytics (25-99) $295.00 RTL.4888D Mobility for iOS + Policy & Analytics (100-249) $225.00 RTL.4889D Mobility for iOS + Policy & Analytics (250-499) $210.00 RTL.4890D Mobility for iOS + Policy & Analytics (500-999) $195.00 RTL.43732 Mobility Policy Module (25-99) $75.00 Page 29 of 34 Page 842 of 1471 RTL.43733 Mobility Policy Module (100-249) $65.00 RTL.43734 Mobility Policy Module (250-499) $60.00 RTL.43735 Mobility Policy Module (500-999) $55.00 RTL.43736 Mobility NAC Module (25-99) $20.00 RTL.43737 Mobility NAC Module (100-999) $15.00 RTL.43738 Mobility Analytics Module (25-99) $20.00 RTL.43739 Mobility Analytics Module (100-999) $15.00 RTL.43705 Mobility Additional Server $5,000.00 RTL.43682 Mobility SMB Account $1,000.00 RTL.4278E Standard NM Mobility Platform $1,500.00 RTL.4279E Enterprise NM Mobility Platform $2,500.00 RTL.43740 Mobility Enterprise for Windows (1st 1000) $105.00 RTL.43741 Mobility Enterprise for Windows $55.00 RTL.43742 Mobility Enterprise for Windows + Policy (1st 1000) $150.00 RTL.43743 Mobility Enterprise for Windows + Policy $100.00 RTL.43744 Mobility Enterprise for Windows + NAC (1st 1000) $115.00 RTL.43745 Mobility Enterprise for Windows + NAC $65.00 RTL.43746 Mobility Enterprise for Windows + Policy & NAC (1st 1000) $160.00 RTL.43747 Mobility Enterprise for Windows + Policy & NAC $110.00 RTL.43748 Mobility Enterprise for Android (1st 1000) $105.00 RTL.43749 Mobility Enterprise for Android $55.00 RTL.43750 Mobility Enterprise for Android + Policy (1st 1000) $150.00 RTL.43751 Mobility Enterprise for Android + Policy $100.00 RTL.4877D Mobility Enterprise for iOS (1st 1000) $105.00 RTL.4891D Mobility Enterprise for iOS $55.00 RTL.4892D Mobility Enterprise for iOS + Policy (1st 1000) $150.00 RTL.4893D Mobility Enterprise for iOS + Policy $100.00 RTL.43683 Mobility Enterprise Policy Module $45.00 RTL.43684 Mobility Enterprise NAC Module $10.00 RTL.43685 Mobility Enterprise Analytics Module $0.00 RTL.43686 NM Mobility Premium Maintenance (25%) 25% of TCV *1 year RTL.43687 NM Mobility Premium Maintenance (22%) 22% of TCV *2 years RTL.43688 NM Mobility Premium Maintenance (20%) 20% of TCV *3 years RTL.43752 NM Mobility Standard Maintenance (15%) 15% of TCV *1 year RTL.43753 NM Mobility Standard Maintenance (14%) 14% of TCV *2 years RTL.43754 NM Mobility Standard Maintenance (13%) 13% of TCV *3 years 40% of TCV of RTL.43755 NM Mobility Upgrade 8.x to 10.x Licenses 35% of TCV of RTL.43756 NM Mobility Upgrade 9.x to 10.x Licenses RTL.43689 Sure -Start $5,000.00 RTL.43757 Sure -Start Express $2,000.00 RTL.43758 Sure -Check System Review $2,000.00 Page 30 of 34 Page 843 of 1471 RTL.43759 Advanced Authentication Assistance $2,000.00 RTL.43760 Sure -Check System Audit $7,000.00 RTL.43761 Technical Services On Site $5,000.00 RTL.43762 Technical Services Remote $2,000.00 RTL.43763 Advanced Authentication Solution variable RTL.43764 Mobility Certification Training $1,995.00 RTL.43765 On -Site Mobility Certification Training $15,000.00 RTL.43766 Mobility Certification Facility Reservation $2,000.00 RTL.43767 Dedicated Technical Account Manager (1 year) $40,000.00 RTL.43768 Open VPN Setup $1,250.00 Standalone Diagnostics without Mobility RTL.4181E Subscription (100-249) License $51.00 RTL.43171 NetMotion Diagnostics & Alerts (25-99) $ 80.00 RTL.43172 NetMotion Diagnostics & Alerts (100-249) $ 75.00 RTL.43174 NetMotion Diagnostics & Alerts (250-499) $ 70.00 RTL.43175 NetMotion Diagnostics & Alerts (500-999) $ 65.00 RTL43176 NetMotion Diagnostics & Alerts (1,000+) $ 60.00 RTL.43182 NetMotion Diagnostics & Alerts Premium Maintenace 1 YEAR 25% of tcv *1 RTL.43183 NetMotion Diagnostics & Alerts Premium Maintenace 2 YEAR 22% of tcv *2 RTL.43184 NetMotion Diagnostics & Alerts Premium Maintenace 3 YEAR 20% of tcv *3 RTL.43185 NetMotion Diagnostics & Alerts Standard Maintenance 1 YEAR 15% of tcv *1 RTL.43186 NetMotion Diagnostics & Alerts Standard Maintenance 2 YEAR 14% of tcv *2 RTL.43187 NetMotion Diagnostics & Alerts Standard Maintenance 3 YEAR 13% of tcv *3 RTL.4174E NetMotion Diagnostics for Mobility (25-99) License (Device) - Perpetual $65.00 RTL.4175E NetMotion Diagnostics for Mobility (100-249) License (Device) - Perpetual $60.00 RTL.4176E NetMotion Diagnostics for Mobility (1000+) License (Device) - Perpetual $40.00 RTL.4178E NetMotion Diagnostics for Mobility (250-499) License (Device) - Perpetual $55.00 RTL.4179E NetMotion Diagnostics for Mobility (500-999) License (Device) - Perpetual $50.00 NetMotion Diagnostics for Mobility - Cloud RTL.4180E Subscription (25-99) Subscription (one-year) $54.00 NetMotion Diagnostics for Mobility - Cloud RTL.4181E Subscription (100-249) Subscription (one-year) $51.00 NetMotion Diagnostics for Mobility - Cloud RTL.4182E Subscription (1000+) Subscription (one-year) $39.00 NetMotion Diagnostics for Mobility - Cloud RTL.4183E Subscription (250-499) Subscription (one-year) $48.00 NetMotion Diagnostics for Mobility - Cloud RTL.4185E Subscription (500-999) Subscription (one-year) $45.00 NetMotion Diagnostics for Mobility - RTL.4186E Subscription (25-99) Subscription (one-year) $54.00 RTL.4187E NetMotion Diagnostics for Mobility - Subscription (one-year) $51.00 Page 31 of 34 Page 844 of 1471 Subscription (100-249) NetMotion Diagnostics for Mobility - RTL.4188E Subscription (1000+) Subscription (one-year) $39.00 NetMotion Diagnostics for Mobility - RTL.4189E Subscription (250-499) Subscription (one-year) $48.00 NetMotion Diagnostics for Mobility - RTL.4190E Subscription (500-999) Subscription (one-year) $45.00 NMW Diagnostics Upgrade (only for existing Locality customers that are current on RTL.4191E maintenance) License (Device) - Perpetual $55.00 Page 32 of 34 Page 845 of 1471 Page 33 of 34 Page 846 of 1471 AT&T Mobility Application Solutions Continued AT&T Mobile Work Solutions Rave Mobility Safety (Rave A carrier-agnostic and multi-modal Campus Messenger) messaging platform that enables Customers to broadcast, narrowcast and group text voice and email messages to employees, staff, students, management, and other members of a campus community. The Solution is provided for a fee to Customers but at no charge to students, faculty and staff of Customer. Product Code Product Description List Price Annual Licenses - BASIC (Renewable Each Year) RTL.42567 Rave Messenger BASIC - Minimum $4,000 RTL.42585 Rave Messenger BASIC - Overage, per FTE $1.50 Annual Licenses - IPRENUM (Includes Voice) (Renewable Each Year) RTL.42587 Rave Messenger PREMIUM - Minimum $8,000 RTL.42589 Rave Messenger PREMIUM - Overage, per FTE $2.75 RTL.42591 Professional Services Hourly Fee $225/HR RTL.42592 Rave Messenger BASIC - Set-up $1,800 RTL.42593 Rave Messenger PREMIUM - Setup $3,600 RTL.42594 SmartLoader Automated Bulk Load Set-up $3,600 RTL.42595 LDAP or IMAP Authentication Integration $3,600 RTL.42596 CAS or Shibboleth Authentication Integration $3,600 RTL.42597 Integration to Blackboard Learning System $3,600 Page 33 of 34 Page 846 of 1471 EQUIPMENT DISCOUNTS CONTRACT DISCOUNT 50% Off AT&T ABS/SBS CRU Equipment Discount Equipment Grid National Contract Reference Price (NCRP) 30% Off AT&T ABS/SBS CRU Accessory Discount Equipment Grid National Contract Reference Price (NCRP) EMPLOYEE DISCOUNTS Government Employee Discount www.att.com/wireless/governmentemployees IRU Employee Discount Reference Foundation Account Number (FAN) 4599651 17% IRU Accessory Discount 25% AT&T Service Guide http://serviceguidenew.att.com/ AT&T Support Center http://www.att.com/esupport/ AT&T Coverage Maps http://www.att.com/maps/wire less- coverae.html/ AT&T Mobile Phone & Device Tutorial https://www.wireless.att.com/support/d eviceTutorials.do?universe=cinular&de Rev 9-15 Page 34 of 34 Page 847 of 1471 Sprint Service Plan Pricing specifically for the MCS CONTRACT NO.: DMS -10/11-008B. Please click on the Plan Details Link to see additional details for each service plan. Terms and Conditions apply for each type of Service Plan which are provided by clicking on the "T&C Details" link. Certain Business Plans, features, and equipment discounts may not be available on all wireless devices Sprint Service Plan Pricing Smartphone Bundles — Voice & Data 1 Blackberry Unlimited $72.10 Unlimited Unlimited Premium Data Required Plan Details T&c Details —All Inclusive Smartphone 2a Unlimited'—All $72.10 Unlimited Unlimited Premium Data Required Plan Details T&C Details Inclusive FL UNL Smartphone Premium Data INCLUDED 2b $50.49: Unlimited Unlimited Pian Details T&C Details with 5GB Hotspot Includes 5GB of Hotspot Smartphone UNL Premium Data INCLUDED in 3GB/ 2GB- 3 Voice — 3GB $72.10 Unlimited plan, 3GB primary data, 2GB Plan Details T&c Details HS Data/2GB Hotspot hotspot data Smartphone UNL Premium Data INCLUDED in UNL/5G B - 4 Voice & Data 5GB $82.40 Unlimited plan, unlimited', primary data, Pian Details T&C Details HS Hotspot 5GB hotspot data Premium Data INCLUDED in 5a Gov 400 Choice $51.49 400 Unlimited plan, unlimited email and web rbc petits. Economy only. Includes Data Roaming 5b Gov 400 Choice $49.43 400 Unlimited�r Premium Data INCLUDED in ...........l c..petails, Value plan, unlimited email,web only 21a.!.!.s 6 Government 1000 $66.94 1000 Unlimited Premium Data INCLUDED in Pian Details T&c Details plan, unlimited'email,web only 7 Custom 400 Voice $51.49 400 Unlimited Premium Data NOT INCLUDED Plan Details T&c Details and Blackberry 8 Custom 1000 Voice $66.44: 1000 Unlimited Premium Data NOT INCLUDED Plan Details T&c Details and Blackberry 9 Custom 400 & $51.49 400 Unlimited Premium Data NOT INCLUDED Plan Details T&c Details ProPack 10 Custom 1000 $66.44 1000 Unlimited Premium Data NOT INCLUDED Plan Details T&C Details ProPack 11 Custom 300 Voice & $44.28 300 400MB Premium Data NOT REQUIRED. Plan Details T&C Details 400MB Data Limited device (Admiral &Torque) 12 Custom 400 Voice & $48.40 400 2GB Premium Data NOT Required �!a T&c Deta�is 2GB data Limited device (Admiral &Torque) 2ta:— 12b Sprint Custom 300 $39.13: Unlimited Premium Data INCLUDED (Non P!a T&c D��i�� Smartphone Ser 65 300 Iconic Devices only) retells Sprint Custom 500 $41.19 Unlimited Premium Data INCLUDED (NonPia, T&c Details 12c Smartphone Ser 65 500 Iconic Devices only) ��ii� Page 1 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 zoprl nt Page 848 of 1471 Page 2 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 849 of 1471 Voice Plans — Cellular and Push to Talk' $..0515/min usage charge 100 Min Plan - 13 $5.15 100 NA outside of FLA N/A for Plan Details T&C Details Florida Smartphone Propack Can be bundled with 250 Min Plan - 14 $19.57 250 NA Blackberry Curve and Bold Plan Details T&C Details Nationwide devices, but not Smartphones Can be bundled with 15 250 Min Plan - $20.60 250 NA Blackberry Curve and Bold Plan Details T&C Details Nationwide-POOLED devices, but not Smartphones 16 300 Min Plan - $22.66 300 NA Can be bundled with Plan Details T&C Details Nationwide Smartphones 17 300 Min Plan - $23.69 300 NA Can be bundled with Plan Details T&C Details Nationwide-POOLED Smartphones 18 500 Min Plan - $24.72 500 NA Can be bundled with Plan Details T&C Details Nationwide Smartphones 500 Min Plan - Can be bundled with 19 $25.75 500 NA Plan Details T&c Details Nationwide-POOLED Smartphones 1000 Min Plan - Can be bundled with 20 $33.99: 1000 NA Plan Details T&C Details Nationwide Smartphones 21 1000 Min Plan - $35.02 1000 NA Can be bundled with Plan Details T&C Details Nationwide-POOLED Smartphones !103/Min usage traveling 22 Unlimited Florida $41.20 Unlimited NA outside of Florida. Can be Plan Details T&C Details bundled with Smartphones 23 Unlimited $51.50 Unlimited NA Can be bundled with Plan Details T&c Details Nationwide Smartphones 24 Push to Talk SDC $10.30 0 NA Will not work on Smartphones Plan Details T&C Details Messaging" SMS & MMS, Casual Text /Per 25 $0.00 0 -- Picture Mail or Text messages Plan Details T&c Details Text - MMS/SMS 26 300 Messages $1.03 300 Picture Mail or Text messages Plan Details T&c Details MMS/SMS 27 500 Messages $2.06 500 -- Picture Mail or Text messages Plan Details T&c Details MMS/SMS 28 Unlimited Messages $5.15 Unlimited Picture Mail or Text messages Plan Details T&c Details MMS/SMS HANDSET DATA — Phone Smart hones Blackherr / Requires voice plan PremiumPlan 29 Pro Pack Attachable $20.60 NA Unlimited Details T&c Details Data required* Unlimited Blackberry Requires voice plan / Premium 30 *Attached to voice $20.60 NA NA Plan Details T&C Details Data required* plan Unlimited, No voice plan required'/ 31 * Blackberry No $25.75 NA NA Plan Details T&C Details Premium Data Required* voice plan req. Page 2 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 849 of 1471 No Smartphones, Voice Plan CDMA Handset - 32 $10.30 NA Unlimited required. Supports Sprint Plan Details T&C Details Data Business Data Apps only CDMA Handset No Smartphones, Voice Plan 33 $0.00 NA .0412/MB Details T&C Details Data Casual Use required IPlan Mobile Hotspot 34 $10.30 NA 2GB Hotspot capable devices only Plan Details T&C Details 3G/4G (attachable) IncludedClick . SERVICE PLAN Your Anytime Link to VIEW ID# NAME Price Minutes & Data Limit Important Messages PLAN CONDITIONS DETAILS Mobile Hotspot 35 $30.89 NA 5G6 Hotspot capable devices only Plan Details T&C Details 3G/4G (attachable) Mobile Hotspot Hotspot capable devices only. Plan 35b. 3G/4G (attachable/ $10.30 NA UNLIMITED ---® T&C Details Acceptable Use* Seer&C's Details Add-on Service) MACHINE TO MACHINE no subsidy on equipment, 36 Machine to Machine $4.12 NA 1MB pools with same plan size on Plan Details T&C Details 3G same BAN no subsidy on equipment, Machine to Machine 37 $5.15 NA 2MB pools with same plan size on Plan Details T&C Details 3G same BAN no subsidy on equipment, Machine to Machine 38 $6.18 NA 5MB pools with same plan size on Plan Details T&C Details 3G same BAN no subsidy on equipment, 39 Machine to Machine $8.24 NA 10MB pools with same plan size on Plan Details T&C Details 3G same BAN no subsidy on equipment, Machine to Machine 40 $10.30 NA 25MB pools with same plan size on Plan Details T&C Details 3G same BAN no subsidy on equipment, Machine to Machine 41 $12.36 NA 50MB pools with same plan size on Plan Details T&C Details 3G same BAN no subsidy on equipment, 42 Machine to Machine $16.48 NA 100MB pools with same plan size on Plan Details T&C Details 3G same BAN no subsidy on equipment, Machine to Machine 43 $21.63 NA 500MB pools with same plan size on Plan Details T&C Details 3G same BAN no subsidy on equipment, Machine to Machine 44 $26.78 NA 1GB pools with same plan size on Plan Details T&C Details 3G same BAN no subsidy on equipment, 45 Machine to Machine $31.93 NA 2GB pools with same plan size on Plan Details T&C Details 3G same BAN Page 3 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 850 of 1471 Page 4 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 851 of 1471 no subsidy on equipment, Machine to Machine 46 $49.44 NA 5GB pools with same plan size on Plan Details T&C Details 3G same BAN MOBILE BROADBAND — ROUTERS Mobile Broadband — pools with same plan size on 47 $15.44 NA 100MB Plan Details T&C Details 100MB same BAN Mobile Broadband — pools with same plan size on 48 $20.59 NA 1G6 Plan Details T&C Details 1GB same BAN Mobile Broadband — pools with same plan size on 49 $36.04 NA 3GB Plan Details T&C Details 3G6 same BAN Mobile Broadband pools with same plan size on 50 $51.49 NA 6G6 Plan Details T&C Details 6G6 same BAN Mobile Broadband — pools with same plan size on 51 $82.39 NA 12GB Plan Details T&C Details 12GB same BAN Mobile Broadband — pools with same plan size on 52 30GB $113.29 NA 30GB same BAN Plan Details T&C Details Non — Sprint Inventoried Mobile Broadband — Plan 52b 39.13 NA UNLIMITED Embedded Computing Plan —® T&C Details UNLIMITED /LTE Details Acceptable Use* SeeT&C's MOBILE BROADBAND —AIR CARDS Mobile Broadband 53 $25.75 NA 500 MB -- Plan Details T&C Details Tri -Mode [TM/TR] Mobile Broadband 54 $30.89 NA 1GB - Plan Details T&C Details Tri -Mode [TM/TR] Mobile Broadband 55 $35.01 NA 2GB -- Plan Details T&C Details Tri -Mode [TM/TR] 56a Mobile Broadband Pia $36.04: NA Unlimited* *unlimited for acceptable use T&c Det�aii� Tri -Mode [TM/TR] Details Mobile Broadband RLa 56b $33.98 NA Unlimited* *unlimited for acceptable use T&c Detain Tri=Mode [TM/TR] I Details Included Click Click Link to Your Anytime Link to VIEW ID# SERVICE PLAN Minutes & Price Data Limit Important NAME Messages PLAN CONDITIONS DETAILS NETBOOKI NOTEBOOK 57 TBD TABLETS Tablet 3G/4G LTE 58 $20.60 NA 1GB Plan Details T&C Details 1GB Tablet 3G/4G LTE 2 59 $30.90 NA 2GB Plan Details T&C Details GB Tablet 3G/4G LTE - 60 $36.04 NA Unlimited* *unlimited for acceptable use Plan Details T&c Details UNL* 61 Blank Intentional 62 Blank Intentional Page 4 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 851 of 1471 ENHANCED .SERVICES CSTSGEOBC STS $14.88 63 NA Data Plan Required Plan Details T&C Details GEOTAB BASIC RC CSTSGEOPR STS $19.31 Data Plan Required 64 NA Plan Details T&C Details GEOTAB PRO RC CTSHOSGEO GeoTab Data Plan Required 65 STS Pro + HOS RC $21.63 NA Plan Details T&C Details Canvas 0-499 units $19.57 Pian 66 Canvas 500-999 $18.03 NA Details TQC:..,s Canvas 1000+ units $16.48 Data Plan Required 67 Blank Intentional ATTACHABLES $50-$200 deductible per 68 Total Equipment $4.12 -- -- device for replacement. Plan Details T&C Details Protection Limited devices Equipment Service volume -tiered pricing of $3 (25 69 and Repair Plan- $4.12 -- -- to 99 lines) or $2 (100+ lines) Plan Details T&C Details Tiered for all lines on a BAN Equipment 70 Insurance Prem. Tier $9.27 -- -- Tier 2 Device Insurance, i.e. Plan Details T&C Details iPhone and Samsung Galaxy 54 2 Device Mobile to Mobile 71 (add-on plan) $5.15 - Plan Details T&C Details 72 International LD call $4.12 -- -- -- Plan Details T&C Details 73 Premium Data $10.30 NA NA Required for all Smartphones Plan Details T&C Details 74 Phone as Modem $10.30 NA Unlimited Blackberry Playbook Only Plan Details T&c Details (see notes) 75 Phone as Modem ` $10.30 NA Unlimited Non Hotspot capable Plan Details T&C Details (see notes) smartphones only 75 Phone as Modem $10.30 NA Unlimited Non-Hotspot capable Plan Details T&c Details (see notes) smartphones only ID# SERVICE PLAN NAME Your Price IncludedClick Anytime Data Limit Important . & Mins/Mess PLAN DETAILS TERMS CONDITIONS 76 Standby $6.13 ' 0 NA Standby not available on all Plan Details T&C Details device types. Wireless Priority https://www.dhs.gov/wireless- 77 77 Serv. -WPS [Public -- 0 plan Details T&C Details Safety] priority-service-wps 78 Team DC -Unlimited $5.15 0 -- Up to 200 Users Plan Details T&c Details (Add on Plan) INDIVIDUAL LIABLE DISCOUNT: 19% Coroorate-Liable Activation fees and standard shiooing fees: No Charge Page 5 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 852 of 1471 Additional Details by Each Service Plan 1- Blackberry Unlimited - All Inclusive Included Night & Weekend Minutes: Unlimited Included Mobile to Mobile Minutes: Unlimited Push to Talk (PTT)* SDC: Unlimited Overage Charge (per Min/Text Message): NA MCS Data Overage Charge: NA Text Limit: Unlimited MCS Text Overage Charge (per text): NA Other Charges: 0.2575/MB Other Charee Description: Data Roamina over 100 MB 2a - Smartphone Unlimited - All Inclusive Included Night & Weekend Minutes: Unlimited Included Mobile to Mobile Minutes: Unlimited Push to Talk (PTT)* SDC: Unlimited Overage Charge (per Min/Text Message): NA MCS Data Overage Charge: NA Text Limit: Unlimited MCS Text Overage Charge (per text): NA Other Charges: 0.2575/MB Other Charee Description: Data Roamina over 100 MB 2b - FL UNI, Smartphone with 5GB Hotspot Included Night & Weekend Minutes: Unlimited -NA Included Sprint Mobile to Mobile Minutes: Unlimited NA Push to Talk (PTT)* SDC: Unlimited Overage Charge (per Min/Text Message): NA MCS Data Overage Charge: On Hotspot-.0515/MB Text Limit: Unlimited MCS Text Overage Charge (per text): NA Other Charges: Premium Data, LD, Caller ID, Voicemail Incl'd NC Other Charee Description: Data Roamina over 300 MB 3 - Smartphone UNI, Voice - 3GB Data/2GB Hotspot Service Plan Features Feature Availability Included Night & Weekend Minutes Unlimited Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) NA MCS Data Overage Charge 0.0515/MB Text Limit SUnlimited Page 6 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 853 of 1471 MCS Text Overage Charge (per text) NA Other Charges 0.2575/MB Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 4 - Smartphone UNL Voice & Data- SGB Hotspot Service Plan Features Feature Availability Included Night & Weekend Minutes Unlimited Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) NA MCS Data Overage Charge 0.0515/MB-HS Text Limit SUnlimited MCS Text Overage Charge (per text) NA Other Charges 0.2575/MB Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 5a - Gov 400 Choice Economy Sprint Government Choice Economy Plan NET MRC $51.49 NET MRC; Service Pricing Discounts will not apply Anytime Minutes 400 Anytime Minutes Overage $0.2575/minute Sprint Mobile -to -Mobile Unlimited Unlimited Nights & Weekends starting at 7 pm Unlimited Shared Minutes Included 1 Direct Connect® and Group Connect® Unlimited Nationwide Long Distance Included Caller ID &Voice Mail Included Unlimited internet browsing and e-mail Included Unlimited Messaging Included Upgrade Term 24 Months Premium Data Requirement Included Data Roaming Included* [Click to Go Back'ro Price Sheet] [Click to GoToTerrns & Conditions] Page 7 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 854 of 1471 5b - Gov 400 Choice Value Sprint Government Choice Value Plan NET MRC $49.43 NET MRC; Service Pricing Discounts will not apply Anytime Minutes 400 Anytime Minutes Overage $0.2575/minute Sprint Mobile -to -Mobile Unlimited Unlimited Nights & Weekends starting at 7 pm Unlimited Shared Minutes Included 1 Direct Connect® and Group Connect® Unlimited Nationwide Long Distance Included Caller ID &Voice Mail Included Unlimited internet browsing and e-mail Included Unlimited Messaging Included Data Roaming $0.00206/KB Upgrade Term 24 Months Premium Data Requirement [Click to Go Back rn Price Sheet] Included Click to Go'ro'rerrns & Conditions] 6 - Government 1000 Service Plan Features Feature Availability Included Night & Weekend Minutes Unlimited 7pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) .2575/min — pooled plan only MCS Data Overage Charge NA Text Limit SUnlimited MCS Text Overage Charge (per text) NA Other Charges :00206/KB data roaming charge Other Charge Description Data Roaming starts immediately [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 7 - Custom 400 Voice and Blackberry Service Plan Features Feature Availability Included Night & Weekend Minutes Unlimited 7pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) .2575/min MCS Data Overage Charge NA Text Limit SUnlimited MCS Text Overage Charge (per text) NA Other Charges Other Charge Description Data Roaming Included [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 8 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 855 of 1471 8 - Custom 1000 Voice and Blackberry Service Plan Features Feature Availability Included Night & Weekend Minutes Unlimited 7pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) .2575/min MCS Data Overage Charge NA Text Limit SUnlimited MCS Text Overage Charge (per text) NA Other Charges :00206/KB Other Charge Description Data Roaming Included [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 9 - Custom 400 & ProPack Service Plan Features Feature Availability Included Night & Weekend Minutes Unlimited 7pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) .2575/min MCS Data Overage Charge NA Text Limit SUnlimited MCS Text Overage Charge (per text) NA Other Charges :00206/KB Other Charge Description Data Roaming Included [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 10 - Custom 1000 & ProPack Service Plan Features Feature Availability Included Night & Weekend Minutes Unlimited 7pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) .2575/min MCS Data Overage Charge NA Text Limit SUnlimited MCS Text Overage Charge (per text) NA Other Charges :00206/KB Other Charge Description Data Roaming Included [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 11- Custom 300 Voice & 400MB Data Service Plan Features Feature Availability Included Night & Weekend Minutes Unlimited 7pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) :0618/min MCS Data Overage Charge .00005/KB Text Limit 200 MCS Text Overage Charge (per text) .206/message Other Charges :00206/KB Other Charge Description Data Roaming starts immediately [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 9 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 856 of 1471 12 - Custom 400 Voice & 2GB data Service Plan Features Feature Availability Included Night & Weekend Minutes Unlimited 7pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) ;0618/min MCS Data Overage Charge .00005/KB Text Limit 200 MCS Text Overage Charge (per text) .206/message Other Charges :00206/KB Other Charge Description Data Roaming starts immediately [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 12b. Sprint Custom 300 Smartphone -Series 65 Service Plan Features Feature Availability Included Night & Weekend Minutes Unlimited 9pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) .2575/min MCS Data Overage Charge Data Included* see Terms and Conditions Text Limit Unlimited MCS Text Overage Charge (per text) NA Other Charges Other Charge Description Data Roaming Included* See Terms and Conditions (Cl k tk to GC:a Bask "FO Price Sheet] )`Click to GC:a Bask to Terrns & Crandit inns] 12c. Sprint Custom 500 Smartphone -Series 65 Service Plan Features Feature Availability Included Night & Weekend Minutes Unlimited 9pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) .2575/min MCS Data Overage Charge Data Included* see Terms and Conditions Text Limit SUnlimited MCS Text Overage Charge (per text) NA Other Charges Other Charge Description Data Roaming Included* See Terms and Conditions `gLick to Go Bas-k'FC:a Price Sheet) [Click �to C:a Bask �to Terrns & Crandit inns] Page 10 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 857 of 1471 13 - 100 Min Plan -Florida Service Plan Features Feature Availability Included Night & Weekend Minutes 0 Included Mobile to Mobile Minutes 0 Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) 0.0515/min MCS Data Overage Charge NA Text Limit 0 MCS Text Overage Charge (per text) NA Other Charges NA Other Charge Description NA [Click to Go Back To Price Sheet] I [Click to Go To Terms & Conditions] 14 - 250 Min Plan -Nationwide Service Plan Features Feature Availability Included Night & Weekend Minutes 9pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) 0.0515/min MCS Data Overage Charge NA Text Limit - MCS Text Overage Charge (per text) NA Other Charges - Other Charge Description NA [Click to Go Back To Price Sheet] I [Click to Go To Terms & Conditions] 15 - 250 Min Plan -Nationwide-POOLED Service Plan Features Feature Availability Included Night & Weekend Minutes 9pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) 0.0515/min MCS Data Overage Charge NA Text Limit - MCS Text Overage Charge (per text) NA Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 16 - 300 Min Plan -Nationwide Service Plan Features Feature Availability Included Night & Weekend Minutes 9pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) 0.0515/min MCS Data Overage Charge NA Text Limit - MCS Text Overage Charge (per text) NA Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 11 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 858 of 1471 17 - 300 Min Plan -Nationwide-POOLED Service Plan Features Feature Availability Included Night & Weekend Minutes 9pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) 0.0515/min MCS Data Overage Charge NA Text Limit - MCS Text Overage Charge (per text) NA Other Charges - Other Charge Description [Click to Go Back To Price Sheet] I [Click to Go To Terms & Conditions] 18 - 500 Min Plan -Nationwide Service Plan Features Feature Availability Included Night & Weekend Minutes 9pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) 0.0515/min MCS Data Overage Charge NA Text Limit - MCS Text Overage Charge (per text) NA Other Charges - Other Charge Description [Click to Go Back To Price Sheet] I [Click to Go To Terms & Conditions] 19 - 500 Min Plan -Nationwide-POOLED Service Plan Features Feature Availability Included Night & Weekend Minutes 9pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) 0.0515/min MCS Data Overage Charge NA Text Limit - MCS Text Overage Charge (per text) NA Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 20 - 1000 Min Plan -Nationwide Service Plan Features Feature Availability Included Night & Weekend Minutes 9pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) 0.0515/min MCS Data Overage Charge NA Text Limit - MCS Text Overage Charge (per text) NA Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 12 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 859 of 1471 21 - 1000 Min Plan -Nationwide-POOLED Service Plan Features Feature Availability Included Night & Weekend Minutes 9pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) 0.0515/min MCS Data Overage Charge NA Text Limit - MCS Text Overage Charge (per text) NA Other Charges - Other Charge Description [Click to Go Back To Price Sheet] I [Click to Go To Terms & Conditions] 22 - Unlimited Florida Service Plan Features Feature Availability Included Night & Weekend Minutes Unlimited Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) NA MCS Data Overage Charge NA Text Limit 0 MCS Text Overage Charge (per text) .0412/mess Other Charges - Other Charge Description [Click to Go Back To Price Sheet] I [Click to Go To Terms & Conditions] 23 - Unlimited Nationwide Service Plan Features Feature Availability Included Night & Weekend Minutes Unlimited Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) NA MCS Data Overage Charge NA Text Limit 0 MCS Text Overage Charge (per text) .0412/mess Other Charges - Other Charge Description [Click to Go Back To Price Sheet] I [Click to Go To Terms & Conditions] 24 - Push to Talk -SDC Service Plan Features Feature Availability Included Night & Weekend Minutes 9pm Included Mobile to Mobile Minutes Unlimited Push to Talk (PTT)* SDC Unlimited Overage Charge (per Min/Text Message) 0.0618/min MCS Data Overage Charge NA Text Limit 0 MCS Text Overage Charge (per text) .0412/mess Other Charges - Other Charge Description [Click to Go Back To Price Sheet] I [Click to Go To Terms & Conditions] Page 13 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 860 of 1471 25 - Casual Text /Per Text - MMS/SMS Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) 0.0412/mess MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 26 - 300 Messages MMS/SMS Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) 0.0515/mess MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 27 - 500 Messages MMS/SMS Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) 0.0515/mess MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 28 - Unlimited Messages MMS/SMS Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) NA MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 14 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 861 of 1471 29 - Pro Pack Attachable Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge -- Text-Limit SUnlimited MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 300 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 30 - Unlimited Blackberry *Attached to voice plan Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge NA Text Limit 0 MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 31- Unlimited Blackberry- *No voice plan req. Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge NA Text Limit 0 MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 32 - CDMA Handset - Data Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge NA Text Limit 0 MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 15 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 862 of 1471 33 - CDMA Handset - Data - Casual Use Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge NA Text Limit 0 MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] I [Click to Go To Terms & Conditions] 34 - Mobile Hotspot 3G/4G (attachable) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.0515/MB Text Limit 0 MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 35 - Mobile Hotspot 3G/4G (attachable) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.0515/MB Text Limit 0 MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 35b. - Mobile Hotspot 3G/4G (attachable) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge NA Text Limit 0 MCS Text Overage Charge (per text) NA Other Charges Roaming $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to oTo Terrns & Conditinns] Page 16 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 863 of 1471 36 - Machine to Machine - 3G (1MB) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.0031/KB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 37 - Machine to Machine - 3G (2MB) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.0031/KB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 38 - Machine to Machine - 3G (5MB) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.0031/KB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 39 - Machine to Machine - 3G (10MB) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.0031/KB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 17 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 864 of 1471 40 - Machine to Machine - 3G (25MB) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.0031/KB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 41 - Machine to Machine - 3G (50MB) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.00031/KB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 42 - Machine to Machine - 3G (100MB) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.00031/KB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 43 - Machine to Machine - 3G (500MB) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.00031/KB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 18 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 865 of 1471 44 - Machine to Machine - 3G (1GB) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.00031/KB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 45 - Machine to Machine - 3G (2GB) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.00031/KB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 46 - Machine to Machine - 3G (SGB) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.00031/KB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 47. Mobile Broadband - 100MB Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $15.45/GB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575/MB Other Charge Description Data Roaming over25MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 19 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 866 of 1471 48. Mobile Broadband - 1GB Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $15.45/GB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575/MB Other Charge Description Data Roaming over 100MB LClick to Go Back To Price Sheetj [Click to Go To Terms & Conditionsl 49. Mobile Broadband - 3GB Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $15.45/GB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575/MB Other Charge Description Data Roaming over 100MB [Click to Go Back To Price Sheets [Click to Go To Terms & Conditionsi 50. Mobile Broadband - 6GB Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $15.45/GB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575/MB Other Charge Description Data Roaming over300MB [Click to Go Back To Price Sheetj [Click to Go To Terms & Conditionsl 51. Mobile Broadband - 12GB Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $15.45/GB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575/MB Other Charge Description Data Roaming over300MB [Click to Go Back To Price Sheet][Click to Go To Terms & Conditions] Page 20 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 867 of 1471 52. Mobile Broadband - 30GB Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $15.45/GB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575/MB Other Charge Description Data Roaming over300MB (Cl k tk to GC:a Bask "FO Price Sheet] )`Click to GC:a TO FPrr & C& Con¢iitions] 52b. Mobile Broadband - UNLIMITED Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge NA Text Limit NA MCS Text Overage Charge (per text) NA Other Charges Roaming $0.2575' Other Charge Description Data Roaming over 100MB (Click to GC:a BacICN) Price Sheet] )`Click to GC:a TO FPrr & C& Con¢iitions] 53 - Mobile Broadband Tri -Mode [TM/TR] Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.0412/MB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 300 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 54 - Mobile Broadband Tri -Mode [TM/TR] Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.0412/MB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 300 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 21 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 868 of 1471 55 - Mobile Broadband Tri -Mode [TM/TR] Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.0412/MB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 300 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 56a - Mobile Broadband Tri -Mode [TM/TR] Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge NA Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 300 MB [Click to Go Back To Price Sheet] [Click to oTo Terrns & Con¢iitions] 56b - Mobile Broadband Tri -Mode [TM/TR] Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge NA Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 300 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditionsi 57 - Sprint Netbook / Notebook - Direct only* Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.0515/MB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 22 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 869 of 1471 58 - Tablet 3G/4G LTE - 1 GB Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.0412/MB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 59 - Tablet 3G/4G LTE - 2 GB Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge $0.0412/MB Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 60 - Tablet 3G/4G LTE - UNLIMITED* Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge NA Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 300 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 61 - Tablet -Wireless Campus Manager Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) - MCS Data Overage Charge $0.0206 Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 23 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 870 of 1471 62 - Tablet -Wireless Campus Manager Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) - MCS Data Overage Charge $0.0206 Text Limit NA MCS Text Overage Charge (per text) NA Other Charges $0.2575' Other Charge Description Data Roaming over 100 MB [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 63. CSTSGEOBC STS GEOTAB BASIC RC Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) - MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 64. CSTSGEOPR STS GEOTAB PRO RC Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) - MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 65. CTSHOSGEO GeoTab STS Pro+ HOS RC Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) - MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 24 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 871 of 1471 66 - Canvas Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) - MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 67 - Equipment Service and Repair Plan Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) - MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 68 - Total Equipment Protection Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) - MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 69 - Equipment Service and Repair Plan -Tiered Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) - MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 25 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 872 of 1471 70 - Equipment Insurance Prem. Tier 2 Device Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) - MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges - Other Charge Description [Click to Go Back To Price Sheet] I [Click to Go To Terms & Conditionsi 71- Mobile to Mobile (add to plan) Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) - MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges - Other Charge Description [Click to Go Back To Price Sheet] I [Click to Go To Terms & Conditions] 72 - International LD calling Plan Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) - MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 73 - Premium Data Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge NA Text Limit NA MCS Text Overage Charge (per text) NA Other Charges - Other Charge Description NA [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 26 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 873 of 1471 74 - Phone as Modem (see notes) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge NA Text Limit NA MCS Text Overage Charge (per text) NA Other Charges - Other Charge Description NA [Click to Go Back To Price Sheet] I [Click to Go To Terms & Conditions] 75 - Phone as Modem (see notes) Service Plan Features Feature Availability Included Night & Weekend Minutes NA Included Mobile to Mobile Minutes NA Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) NA MCS Data Overage Charge NA Text Limit NA MCS Text Overage Charge (per text) NA Other Charges - Other Charge Description NA [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 76 - Standby Service Plan Features Feature Availability Included Night & Weekend Minutes 0 Included Mobile to Mobile Minutes 0 Push to Talk (PTT)* SDC -- Overage Charge (per Min/Text Message) - MCS Data Overage Charge NA Text Limit NA MCS Text Overage Charge (per text) NA Other Charges - Other Charge Description NA [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] 77 - Wireless Priority Service -WPS [Public Safety] Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) $0.7725/min MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges - Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 27 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 874 of 1471 78 - Team Direct Connect Unlimited Service Plan Features Feature Availability Included Night & Weekend Minutes Included Mobile to Mobile Minutes - Push to Talk (PTT)* SDC Overage Charge (per Min/Text Message) - MCS Data Overage Charge Text Limit - MCS Text Overage Charge (per text) Other Charges See Term and Conditions Other Charge Description [Click to Go Back To Price Sheet] [Click to Go To Terms & Conditions] Page 28 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 875 of 1471 Terms and Condition Details by Plan. 1. The Parties agree that the Contract pricing shall be amended to delete the existing Unlimited BlackBerry E-mail and Wed Add- on Plan and the existing Nationwide Unlimited Voice Plan and replace with the following Unlimited BlackBerry E-mail and Wed Add-on Plan and Nationwide Unlimited Voice Plan listed below to reduce the monthly recurring charges for these plans by one cent in an effort to create consistency between the Contract and the data feed provided by the Service Provider to the Department: Plan Description NET MRC Unlimited Blackberry E-mail and Web Add-on Plan $20.60 Nationwide Unlimited Voice Plan $51.50 2. The Parties agree that Contract is amended in Section 7.04 ("Taxes") by modifying the second paragraph to read as follows: The only applicable FCC authorized fee, surcharge or assessment in effect as of the date of this Contract is the Federal Universal Service Fund charge which is subject to fluctuations. The Federal Universal Service Fund shall vary quarterly and will be referenced in the product catalog. The Parties agree that Contract is amended in Exhibit 2, Section 2.05.1.1.2.5 ("Taxes and Fees Classified as Services") by modifying the third paragraph to read as follows: Taxes and fees identified in the Contract or the product catalog may appear on bills to DMS. No other FCC or PUC fee, cost recovery fee, surcharge or assessment applicable to wireline and/or wireless voice and/or data telecommunications services shall be imposed during the term of this Contract, without inclusion in the Contract, unless mandated by the FCC or PUC. The Service Provider will only bill for discretionary fees that are sanctioned by the Federal or State governments if they are included in the Contract, product catalog or subsequently agreed upon between both Parties. Page 29 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-008B Sprint . Page 876 of 1471 ® Blackberry Unlimited —All Inclusive. Custom Sprint Unlimited Voice, Messaging, and Data Plan (1) Net Custom Sprint Unlimited Voice, Messaging, and Data Plan is net of all discounts. Service Pricing Discount does not apply. (2) Direct Connect and Group Connect are available on select devices. Additional Nextel Direct Connect features, including, but not limited to, Talkgroupsm and International Direct Connects"', are available with certain devices and may be subject to an additional charge. . Smartphone Unlimited —All Inclusive. [Back rice ] Custom Sprint Unlimited Voice, Messaging, and Data Plan Custom Sprint Unlimited Voice, Messaging, and Data Plan Anytime Minutes Unlimited Anytime Minutes Overage Not Applicable Pooled Anytime Minutes Not Applicable Mobile to Mobile Unlimited Nights & Weekends Unlimited starting at 7 pm Nationwide Included Long Distance Roaming Not Applicable Caller ID & Included Voice Mail Text Messages Unlimited BlackBerry Unlimited Email and Web Plan(BES) or Included Nextel Pro Pack Phone as Modem* NET $10.30 (1) Net Custom Sprint Unlimited Voice, Messaging, and Data Plan is net of all discounts. Service Pricing Discount does not apply. (2) Direct Connect and Group Connect are available on select devices. Additional Nextel Direct Connect features, including, but not limited to, Talkgroupsm and International Direct Connects"', are available with certain devices and may be subject to an additional charge. . Smartphone Unlimited —All Inclusive. [Back rice ] Custom Sprint Unlimited Voice, Messaging, and Data Plan Page 30 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 877 of 1471 Custom Sprint Unlimited Voice, Messaging, and Data Plan Anytime Minutes Unlimited Anytime Minutes Overage Not Applicable Pooled Anytime Minutes Not Applicable Mobile to Mobile Unlimited Nights & Weekends Unlimited starting at 7 pm Nationwide Included Long Distance Roaming Not Applicable Caller ID & Included Voice Mail Text Messages Unlimited Page 30 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 877 of 1471 BlackBerry Unlimited Email $50.99 NET MRC 1 and Web Plan(BES) or Included Nextel Pro Pack Included Phone as Modem* NET $10.30 (3) Net Custom Sprint Unlimited Voice, Messaging, and Data Plan is net of all discounts. Service Pricing Discount does not apply. (4) Direct Connect and Group Connect are available on select devices. Additional Nextel Direct Connect features, including, but not limited to, Talkgroupsm and International Direct Connects"', are available with certain devices and may be subject to an additional charge. 2b. FL UNILSmartiphone with 5GB Hotspot � 0 Net MRC Service Pricing Discounts will not apply $50.99 NET MRC 1 Anytime Minutes Unlimited Sprint Mobile -to -Mobile Included Unlimited Direct Connect® and Group Connect® Included Unlimited Nights & Weekends starting at 9 pm Unlimited Pooled Anytime Minutes Included Nationwide Long Distance Included Voice Roaming Included Caller ID &Voice Mail Included Unlimited Internet Browsing and Email Included Data Roaming Included* Sprint Mobile Hotspot Data 5GB1 Sprint Mobile Hotspot Data Overage $0.0515 per MB1 Domestic Messaging Unlimited Premium Data Included Indirect Sales Agent (Inclusive of BSP) Not Permitted Corporate -Liable Active Units must primarily be used for Domestic purposes within the coverage area of the Nationwide Sprint Network. As used herein, "Domestic" means use in the 50 United States and U.S. Territories (except Guam). Business Plans that include Roaming ("Roaming Included Plans") are not available with single -band phones or to users who reside or whose primary use is outside an area covered by the Nationwide Sprint Network. Sprint may limit or terminate Service if a Corporate - Page 31 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 878 of 1471 Liable Active Unit user moves outside of the area covered by the Nationwide Sprint Network. Sprint may, without notice, deny, terminate, modify, disconnect or suspend Service to a Corporate -Liable Active Unit if Roaming in a given month exceeds: (1) voice: 800 minutes or a majority of minutes, or (2) data: (a) 300 megabytes for a Business Plan equal to or greater than 5 GB/month in total or a majority of kilobytes; or (b) 100 megabytes for a Business Plan less than 5 GB/month in total or a majority of kilobytes. International calling, including in Canada, Mexico, and Guam, is not included in Roaming Included Plans. Wireless data Services and certain calling features (voicemail, caller ID, call waiting, etc.) may not be available while Roaming. Roaming areas may change and Roaming may not be available everywhere; visit www.sprint.com/coverage for details. Roaming may not be available on the Sprint 4G Network. 1 If Customer's data usage in a given month exceeds the Data Services limitation, Customer will be liable for the overage charges set forth in the table above. (1) Wireless high speed data coverage is not available everywhere and requires a wireless high speed data -compatible phone. Where the wireless high speed data network is available and a wireless high speed data -compatible phone is used, Corporate -Liable Active Units will first attempt to connect to the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. (2) Direct Connect and Group Connect are available on select devices. Additional features, including, but not limited to, TeamDC, are available with certain devices and may be subject to an additional charge. 3® m r p ne L Voice- ata/ tsp t [Back rice ] 1. Custom Sprint Unlimited Voice and messaging with 5GB combined data (2) Plan MRC is net of all discounts. Service Pricing Discount does not apply. (3) Direct Connect and Group Connect are available on select devices. Additional Sprint Direct Connect features, including, but not limited to, Talkgroupsm and International Direct Connects"', are available with certain devices and may be subject to an additional charge. (4) Customer -Liable Active Units on the Custom plans noted above pool Anytime Minutes with Sprint Business Essentials® Plans Page 32 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-008B Sprint . Page 879 of 1471 Custom Sprint Unlimited Voice and messaging with 5GB combined data Anytime Minutes Unlimited Anytime Minutes Overage Not Applicable Pooled Anytime Minutes Not Applicable Mobile to Mobile Unlimited Nights & Weekends starting at 7 pm Unlimited Nationwide Long Distance Included Roaming Not Applicable Caller ID & Voice Mail Included Domestic Messaging Unlimited Internet Browsing and Email 3 GB Included (Overage at $.0515/MB) Mobile Hotspot 2 GB Included (Overage at $0.0515/MB) Data Roaming Limitation (in MB) 100 (Overage at $0.2575/MB) Premium Data Requirement Included (2) Plan MRC is net of all discounts. Service Pricing Discount does not apply. (3) Direct Connect and Group Connect are available on select devices. Additional Sprint Direct Connect features, including, but not limited to, Talkgroupsm and International Direct Connects"', are available with certain devices and may be subject to an additional charge. (4) Customer -Liable Active Units on the Custom plans noted above pool Anytime Minutes with Sprint Business Essentials® Plans Page 32 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-008B Sprint . Page 879 of 1471 4® Smartphone UNL Voice Data - 5 GB Hotspot [Back rice ] Custom Sprint Unlimited Voice and messaging, unlimited data, 5 GB Hotspot (1) Plan MRC is net of all discounts. Service Pricing Discount does not apply. (2) Direct Connect and Group Connect are available on select devices. Additional Sprint Direct Connect features, including, but not limited to, Talkgroupsm and International Direct Connects"', are available with certain devices and may be subject to an additional charge. (3) Customer -Liable Active Units on the Custom plans noted above pool Anytime Minutes with Sprint Business Essentials® Plans. 5a. Gov. 400 Choice Economy [Back to Price mage] Sprint Government Choice Economy Plan Custom Sprint Unlimited Voice and messaging, unlimited data, 5 GB Hotspot Anytime Minutes Unlimited Anytime Minutes Overage Not Applicable Pooled Anytime Minutes Not Applicable Mobile to Mobile Unlimited Nights & Weekends starting at 7 pm Unlimited Nationwide Long Distance Included Roaming Not Applicable Caller ID & Voice Mail Included Domestic Messaging Unlimited Internet Browsing and Email Unlimited Mobile Hotspot 5 GB Included (Overage at $0.0515/MB) Premium Data Requirement Included (1) Plan MRC is net of all discounts. Service Pricing Discount does not apply. (2) Direct Connect and Group Connect are available on select devices. Additional Sprint Direct Connect features, including, but not limited to, Talkgroupsm and International Direct Connects"', are available with certain devices and may be subject to an additional charge. (3) Customer -Liable Active Units on the Custom plans noted above pool Anytime Minutes with Sprint Business Essentials® Plans. 5a. Gov. 400 Choice Economy [Back to Price mage] Sprint Government Choice Economy Plan NET MRC $51.49 NET MRC; Service Pricing Discounts will not apply Anytime Minutes 400 Anytime Minutes Overage $0.2575/minute Sprint Mobile -to -Mobile Unlimited Unlimited Nights & Weekends starting at 7 pm Unlimited Shared Minutes Included 1 Direct Connect® and Group Connect® Unlimited Nationwide Long Distance Included Caller ID &Voice Mail Included Unlimited internet browsing and e-mail Included Page 33 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-008B Sprint . Page 880 of 1471 Sprint Government Choice Economy Plan Unlimited Messaging Included Upgrade Term 24 Months Premium Data Requirement Included Data Roaming Included* Corporate -Liable Active Units must primarily be used for Domestic purposes within the coverage area of the Nationwide Sprint Network. As used herein, "Domestic" means use in the 50 United States and U.S. Territories (except Guam). Business Plans that include Roaming ("Roaming Included Plans") are not available with single -band phones or to users who reside or whose primary use is outside an area covered by the Nationwide Sprint Network. Sprint may limit or terminate Service if a Corporate -Liable Active Unit user moves outside of the area covered by the Nationwide Sprint Network. Sprint may, without notice, deny, terminate, modify, disconnect or suspend Service to a Corporate -Liable Active Unit if Roaming in a given month exceeds: (1) voice: 800 minutes or a majority of minutes, or (2) data: (a) 300 megabytes for a Business Plan equal to or greater than 5 GB/month in total or a majority of kilobytes; or (b) 100 megabytes for a Business Plan less than 5 GB/month in total or a majority of kilobytes. International calling, including in Canada, Mexico, and Guam, is not included in Roaming Included Plans. Wireless data Services and certain calling features (voicemail, caller ID, call waiting, etc.) may not be available while Roaming. Roaming areas may change and Roaming may not be available everywhere; visit www.sprint.com/coverage for details. Roaming may not be available on the Sprint 4G Network. 1 Corporate -Liable Active Units on the Sprint Government Choice Economy Plan with SDC will share Anytime Minutes with only the Business Essentials family of plans. 1) Wireless high speed data coverage is not available everywhere and requires a wireless high speed data - compatible phone. Where the wireless high speed data network is available and a wireless high speed data - compatible phone is used, Corporate -Liable Active Units will first attempt to connect to the Sprint 4G Network, then the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. 2) Direct Connect and Group Connect are available on select devices. Additional Direct Connect features, including, but not limited to, TeamDCSm, are available with certain devices and may be subject to an additional charge. 5b. Gov. 400 Choice Value k to Price Page] Sprint Government Choice Value Plan NET MRC $49.43 NET MRC; Service Pricing Discounts will not apply Anytime Minutes 400 Anytime Minutes Overage $0.2575/minute Sprint Mobile -to -Mobile Unlimited Unlimited Nights & Weekends starting at 7 pm Unlimited Shared Minutes Included 1 Page 34 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 881 of 1471 Sprint Government Choice Value Plan Direct Connect® and Group Connect® Unlimited Nationwide Long Distance Included Caller ID &Voice Mail Included Unlimited internet browsing and e-mail Included Unlimited Messaging Included Data Roaming $0.00206/KB Upgrade Term 24 Months Premium Data Requirement Included 1 Corporate -Liable Active Units on the Sprint Government Choice Value Plan with SDC will share Anytime Minutes with only the Business Essentials family of plans. 1) Wireless high speed data coverage is not available everywhere and requires a wireless high speed data - compatible phone. Where the wireless high speed data network is available and a wireless high speed data - compatible phone is used, Corporate -Liable Active Units will first attempt to connect to the Sprint 4G Network, then the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. 2) Direct Connect and Group Connect are available on select devices. Additional Direct Connect features, including, but not limited to, TeamDCSm, are available with certain devices and may be subject to an additional charge. ® Government 1000. Pooled Sprint Government Value Voice, Data, and Messaging Plan Non -Pooled Sprint Government Value Voice, Data, and Messaging Plan Anytime Minutes 1000 Anytime Minutes Overage $0.2575/minute Sprint Mobile -to -Mobile Unlimited Unlimited Nights & Weekends starting at 9 pm Unlimited Shared Minutes Not Included Nationwide Long Distance Included Caller ID &Voice Mail Included Unlimited internet browsing and e-mail Included Unlimited Messaging Included Data Roaming $0.00206/KB Page 35 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 882 of 1471 Non -Pooled Sprint Government Value Voice, Data, and Messaging Plan Upgrade Term 24 Months Premium Data Requirement Included 1. Wireless high speed data coverage is not available everywhere and requires a wireless high speed data -compatible phone. Where the wireless high speed data network is available and a wireless high speed data -compatible phone is used, Corporate -Liable Active Units will first attempt to connect to the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. ® Custom 400 Voice and Blackberry ® Custom 1000 Voice and Blackberry. CDMA Bundled Voice & Data Plans: 0 CDMA Bundled Voice & Data Plans Custom BB 400 Custom BB 1000 Anytime Minutes 400 1000 Anytime Minutes Overage $0.2575/minute $0.2575/minute Sprint Mobile -to -Mobile Included Included Unlimited Nights & Weekends starting at 7 pm Unlimited Unlimited Shared Minutes * Included * Included Nationwide Long Distance Included Included Roaming Included Included Caller ID &Voice Mail Included Included Unlimited BlackBerry (without PAM) Included Included Unlimited 2 Way Text Messages Included Included (1) Customer's use of the Research in Motion Limited ("RIM") BlackBerry service offered by Sprint is subject to acceptance of the RIM terms and conditions presented to Customer before Customer may download the RIM software. The terms and condition for use of the BlackBerry service are located at http://na.blackberry.com/engZlegal/terms.isp, and are subject to change without prior notice to Customer. (2) BlackBerry Business Plans can only be activated on a BlackBerry device. (3) * Customer -Liable Active Units on the Custom BB 400 and/or the Custom BB 1000 share Anytime Minutes with Sprint Business Essentials® Plans. (4) Phone as Modem may be added to the BlackBerry Unlimited Email and Web Plan for an additional NET $10.30 MRC. Service Pricing Discount does not apply. Page 36 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-008B Sprint . Page 883 of 1471 . Custom 400 ProPack 1. Custom 1000 ProPack. Pro Pack CDMA Bundled Voice & Data Plans: CDMA Bundled Voice & Data Plans Custom 300 Voice & Data Custom Pro Pack 400 Custom Pro Pack 1000 Anytime Minutes 400 1000 Anytime Minutes Overage $0.2575/minute $0.2575/minute Sprint Mobile -to -Mobile Included Included Unlimited Nights & Weekends starting at 7 pm Unlimited Unlimited Shared Minutes * Included * Included Nationwide Long Distance Included Included Roaming Included Included Caller ID &Voice Mail Included Included Sprint Pro Pack Included Included Unlimited 2 Way Text Messages Included Included a. * Customer -Liable Active Units on the Custom Pro Pack 400 and/or the Custom Pro Pack 1000 share Anytime Minutes with Sprint Business Essentials® Plans. 11. Custom 300 Voice and 400MB Data 1. Custom 400 Voice and 2GB Data. [Back rice ] Nextel National Network Migration plans - Admiral Page 37 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-008B Sprint . Page 884 of 1471 Custom 300 Voice & Data Custom 400 Voice & Data Anytime Minutes 300 400 Anytime Minutes Overage $0.4012/minute $0.4012/minute Unlimited Sprint Mobile -to -Mobile Included Included Direct Connect® and Group Connect® Included Included Unlimited Nights & Weekends at 7 pm Unlimited Unlimited Pooled Anytime Minutes * Included * Included Nationwide Long Distance Included Included Voice Roaming Included Included Caller ID &Voice Mail Included Included Internet Browsing and Email 400 MB Included (Overage at $.0515/MB) 2 GB Included (Overage at $.0515/MB) Data Roaming Limitation (in MB) 100 (Overage at $0.2575/ MB) 100 (Overage at $0.2575/ MB) Domestic Messaging 200 Included 200 Included Page 37 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-008B Sprint . Page 884 of 1471 (3) * Customer -Liable Active Units on the Custom plans noted above pool Anytime Minutes with Sprint Business Essentials® Plans. (4) Wireless high speed data coverage is not available everywhere and requires a wireless high speed data -compatible phone. Where the wireless high speed data network is available and a wireless high speed data -compatible phone is used, Corporate -Liable Active Units will first attempt to connect to the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. (5) Direct Connect and Group Connect are available on select devices. Additional features, including, but not limited to, TeamDC, are available with certain devices and may be subject to an additional charge. (6) Plans will be available on the Motorola Admiral only. (7) Messaging Overage will be charged at $.20 per message. Wireless high speed data coverage is not available everywhere and requires a wireless high speed data -compatible phone. Where the wireless high speed data network is available and a wireless high speed data -compatible phone is used, Corporate -Liable Active Units will first attempt to connect to the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. (8) Direct Connect and Group Connect are available on select devices. Additional features, including, but not limited to, TeamDC, are available with certain devices and may be subject to an additional charge. (9) Plans will be available on the Motorola Admiral only. (10) Messaging Overage will be charged at $.20 per message. Non -Pooled Government Value Admiral Plans Page 38 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 885 of 1471 Custom 300 Voice & Data Custom 400 Voice & Data Anytime Minutes 300 400 Anytime Minutes Overage $0.0618/ minute $0.0618/ minute Unlimited Sprint Mobile -to -Mobile Included Included Direct Connect® and Group Connect® Included Included Unlimited Nights & Weekends starting at 6 pm Unlimited Unlimited Pooled Anytime Minutes Not Included Not Included Nationwide Long Distance Included Included Voice Roaming Included Included Caller ID &Voice Mail Included Included Internet Browsing and Email 400 MB Included (Overage at $.0515/MB) 2 GB Included (Overage at $.0515/MB) Data Roaming $0.00206/KB $0.00206/KB Domestic Messaging 200 Included 200 Included Page 38 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 885 of 1471 1. Sprint Custom 300 Smartphone -Series 65 .[Back to Price Page] Corporate -Liable Active Units must primarily be used for Domestic purposes within the coverage area of the Nationwide Sprint Network. As used herein, "Domestic" means use in the 50 United States and U.S. Territories (except Guam). Business Plans that include Roaming ("Roaming Included Plans") are not available with single -band phones or to users who reside or whose primary use is outside an area covered by the Nationwide Sprint Network. Sprint may limit or terminate Service if a Corporate -Liable Active Unit user moves outside of the area covered by the Nationwide Sprint Network. Sprint may, without notice, deny, terminate, modify, disconnect or suspend Service to a Corporate - Liable Active Unit if Roaming in a given month exceeds: (1) voice: 800 minutes or a majority of minutes, or (2) data: (a) 300 megabytes for a Business Plan equal to or greater than 5 GB/month in total or a majority of kilobytes; or (b) 100 megabytes for a Business Plan less than 5 GB/month in total or a majority of kilobytes. International calling, including in Canada, Mexico, and Guam, is not included in Roaming Included Plans. Wireless data Services and certain calling features (voicemail, caller ID, call waiting, etc.) may not be available while Roaming. Roaming areas may change and Roaming may not be available everywhere; visit www.sprint.com/coverage for details. Roaming may not be available on the Sprint 4G Network. Page 39 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 886 of 1471 Custom 300 Smartphone Series 65 Net MRC Service Pricing Discounts w ill not apply $39.13 NET MRC Anytime Minutes 300 Anytime Minutes Overage $0..2575/minute Sprint Mobile -to -Mobile Included Unlimited Direct Connect® and Group Connect® Included Unlimited Nights & Weekends starting at 9 pm Unlimited Pooled Anytime Minutes Included Nationwide Long Distance Included Voice Roaming Included Caller ID &Voice Mail Included Unlimited Internet Browsing and Email Included Data Roaming Included* Domestic Messaging Unlimited Premium Data Included Device Availability' Non Iconic Devices 1 Corporate -Liable Active Units must primarily be used for Domestic purposes within the coverage area of the Nationwide Sprint Network. As used herein, "Domestic" means use in the 50 United States and U.S. Territories (except Guam). Business Plans that include Roaming ("Roaming Included Plans") are not available with single -band phones or to users who reside or whose primary use is outside an area covered by the Nationwide Sprint Network. Sprint may limit or terminate Service if a Corporate -Liable Active Unit user moves outside of the area covered by the Nationwide Sprint Network. Sprint may, without notice, deny, terminate, modify, disconnect or suspend Service to a Corporate - Liable Active Unit if Roaming in a given month exceeds: (1) voice: 800 minutes or a majority of minutes, or (2) data: (a) 300 megabytes for a Business Plan equal to or greater than 5 GB/month in total or a majority of kilobytes; or (b) 100 megabytes for a Business Plan less than 5 GB/month in total or a majority of kilobytes. International calling, including in Canada, Mexico, and Guam, is not included in Roaming Included Plans. Wireless data Services and certain calling features (voicemail, caller ID, call waiting, etc.) may not be available while Roaming. Roaming areas may change and Roaming may not be available everywhere; visit www.sprint.com/coverage for details. Roaming may not be available on the Sprint 4G Network. Page 39 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 886 of 1471 1 Price plan is only applicable for select devices including LG Optimus F3, and other comparable devices to be agreed upon by the parties. (1) Wireless high speed data coverage is not available everywhere and requires a wireless high speed data - compatible phone. Where the wireless high speed data network is available and a wireless high speed data - compatible phone is used, Corporate -Liable Active Units will first attempt to connect to the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. (2) Direct Connect and Group Connect are available on select devices. Additional features, including, but not limited to, TeamDC, are available with certain devices and may be subject to an additional charge. (3) Corporate -Liable Active Units on the Sprint Custom 300 Smartphone will share Anytime Minutes with only the Business Essentials family of plans. 2. Sprint Custom 500 Smartphone - Series 65 [Back to Price Page] *data roaming is subject to the data roaming sections of the wireless services product annex. Page 40 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 887 of 1471 Sprint Series 65 500 Net MRC Service Pricing Discounts will not apply $41.19 NET MRC Anytime Minutes 500 Anytime Minutes Overage $0.2575/minute Sprint Mobile -to -Mobile Included Unlimited Direct Connect® and Group Connect® Included Unlimited Nights & Weekends starting at 9 pm Unlimited Pooled Anytime Minutes Included Nationwide Long Distance Included Voice Roaming Included Caller ID &Voice Mail Included Unlimited Internet Browsing and Email Included Data Roaming Included* Domestic Messaging Unlimited Premium Data Included Device Availability' Samsung Grand Prime *data roaming is subject to the data roaming sections of the wireless services product annex. Page 40 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 887 of 1471 1 Price plan is only applicable for select devices including Samsung Grand Prime, and other comparable devices to be agreed upon by the parties. (11) Wireless high speed data coverage is not available everywhere and requires a wireless high speed data -compatible phone. Where the wireless high speed data network is available and a wireless high speed data -compatible phone is used, Corporate -Liable Active Units will first attempt to connect to the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. (12) Direct Connect and Group Connect are available on select devices. Additional features, including, but not limited to, TeamDC, are available with certain devices and may be subject to an additional charge. (13) Corporate -Liable Active Units on the Sprint Series 65 300 and Sprint Series 65 500 Smartphone plans will share Anytime Minutes with only the Business Essentials family of plans. . 100 Min Plan —Florida. Sprint 100 Plan (1) Net Sprint 100 Plan is net of all discounts. Service Pricing Discount does not apply. (2) Direct Connect and Group Connect are available on select devices. Additional Nextel Direct Connect features, including, but not limited to, Talkgroup'm and International Direct Connects"', are available with certain devices and may be subject to an additional charge. (3) Sprint 100 Plan is not available for use on all Sprint devices. See Sprint account representative for restrictions and limitations. (4) Circuit -switched data or modem -to -modem data calls are billed at the anytime overage rate listed in the table above. Page 41 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 888 of 1471 Sprint 100 Plan Anytime Minutes 100 Anytime Minutes Overage $0.0515/minute Anytime Minute rate while user is traveling outside the State of Florida $0.0515/minute Direct Connect® and Group Connect® $0.0515/minute Nationwide Long Distance Included Caller ID NET $0.00 MRC Voice Mail NET $0.00 MRC (1) Net Sprint 100 Plan is net of all discounts. Service Pricing Discount does not apply. (2) Direct Connect and Group Connect are available on select devices. Additional Nextel Direct Connect features, including, but not limited to, Talkgroup'm and International Direct Connects"', are available with certain devices and may be subject to an additional charge. (3) Sprint 100 Plan is not available for use on all Sprint devices. See Sprint account representative for restrictions and limitations. (4) Circuit -switched data or modem -to -modem data calls are billed at the anytime overage rate listed in the table above. Page 41 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 888 of 1471 4. 250 Min Plan —Nationwide . 250 Min Plan — Nationwide -Pooled . 300 Min Plan — Nationwide. Sprint 300 Minute Voice Plan (1) Net Sprint Voice Plans are net of all discounts. Service Pricing Discount does not apply. (2) Roaming charges are included. (3) Direct Connect and Group Connect are available on select devices. Additional Sprint Direct Connect features, including, but not limited to, Talkgroup'm and International Direct Connects"', are available with certain devices and may be subject to an additional charge. The Parties agree that the Contract pricing shall be amended to delete the existing Sprint Unlimited Florida Voice Plan on the Contract and replace it with the following Sprint Unlimited Florida Voice Plan listed below to reduce the per - minute rate while user is traveling outside the State of Florida from $0.29 per month to $0.10 per month. Page 42 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 889 of 1471 300 Voice Plan Anytime Minutes 300 Anytime Minutes Overage $0.0515/minute Nights & Weekends (Nights Start at 9 pm) Unlimited Sprint Mobile -to -Mobile Unlimited Direct Connect® and Group Connect® Unlimited Pooled Anytime Minutes Not Applicable Nationwide Long Distance Included Caller ID &Voice Mail Included (1) Net Sprint Voice Plans are net of all discounts. Service Pricing Discount does not apply. (2) Roaming charges are included. (3) Direct Connect and Group Connect are available on select devices. Additional Sprint Direct Connect features, including, but not limited to, Talkgroup'm and International Direct Connects"', are available with certain devices and may be subject to an additional charge. The Parties agree that the Contract pricing shall be amended to delete the existing Sprint Unlimited Florida Voice Plan on the Contract and replace it with the following Sprint Unlimited Florida Voice Plan listed below to reduce the per - minute rate while user is traveling outside the State of Florida from $0.29 per month to $0.10 per month. Page 42 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 889 of 1471 Sprint Unlimited Florida Voice Plan Sprint Unlimited Florida Voice Plan Anytime Minutes Unlimited 1 Direct Connect® and Group Connect® Unlimited Pooled Anytime Minutes Not available Nationwide Long Distance Included Caller ID & Voice Mail Included Per minute rate while user is traveling outside the State of Florida $0.1032 (1) Direct Connect and Group Connect are available on select devices. Additional Sprint Direct Connect® features, including, but not limited to, TeamDC'm, are available with certain devices and may be subject to an additional charge. (2) Plan is not eligible to add Nights and Weekends or Mobile -to -Mobile add-ons to the Sprint Unlimited Florida Voice Plan. (3) If Customer activates a Smartphone on this Sprint Unlimited Florida Voice Plan, Customer is required to purchase either a Sprint Blackberry data plan or a Sprint Pro -Pack data plan to be used in conjunction with this plan. *Service pricing discounts do not apply to the Nextel or Sprint Unlimited Florida Voice Plan. 'Unlimited Anytime Minutes are only available when the handset is within the State of Florida. 2 Rate applies when the handset is out of the state for calls that originate outside the state and terminate in the state or for calls that originate and terminate outside the state. ® Unlimited Nationwide. Sprint Voice Plans — Un -pooled Page 43 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 890 of 1471 Unlimited Voice 250 Voice Plan 500 Voice Plan 1,000 Voice Plan Plan Anytime Minutes 250 500 1000 Unlimited Anytime Minutes Overage $0.0515/minute $0.0515/minute $0.0515/minute $0.0515/minute Nights & Weekends (Nights Start Unlimited Unlimited Unlimited Unlimited at 9 pm) Sprint Mobile -to -Mobile Unlimited Unlimited Unlimited Unlimited Direct Connect® and Group Unlimited Unlimited Unlimited Unlimited Connect® Pooled Anytime Minutes Not Applicable Not Applicable Not Applicable Not Applicable Nationwide Long Distance Included Included Included Included Caller ID &Voice Mail Included Included Included Included Page 43 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 890 of 1471 (1) Net Sprint Voice Plans are net of all discounts. Service Pricing Discount does not apply. (2) Roaming charges are included. (3) Direct Connect and Group Connect are available on select devices. Additional Nextel Direct Connect features, including, but not limited to, Talkgroups" and International Direct Connects"', are available with certain devices and may be subject to an additional charge. (4) Corporate -Liable Active Units activating a Smartphone, in addition to the Sprint Voice Plan, must also order either the BlackBerry or PRO Pack Add-on as described in this Agreement. A. The Parties agree that the Agreement pricing shall be amended to add the following new Sprint plans to the Agreement that allow for pooling: 1. Sprint Voice Plans - Pooled (1) Net Sprint Voice Plans are net of all discounts. Service Pricing Discount does not apply. (2) Roaming charges are included. (3) Direct Connect and Group Connect are available on select devices. Additional Sprint Direct Connect features, including, but not limited to, Talkgroupsm and International Direct Connects"', are available with certain devices and may be subject to an additional charge. (4) If Customer activates a Smartphone on this plan, Customer is required to purchase either a Sprint Blackberry data plan or a Sprint Pro -Pack data plan to be used in conjunction with this plan Page 44 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 891 of 1471 Unlimited 250 Voice 300 Voice 1,000 Voice 500 Voice Plan National Voice Plan Plan Plan Plan Anytime Minutes 250 300 500 1000 Unlimited $0.0515/ $0.0515/ $0.0515/ $0.0515/ Anytime Minutes Overage Not Applicable minute minute minute minute Nights & Weekends (Nights Unlimited Unlimited Unlimited Unlimited Unlimited Start at 9 pm) Sprint Mobile -to -Mobile Unlimited Unlimited Unlimited Unlimited Unlimited Direct Connect® and Group Unlimited Unlimited Unlimited Unlimited Unlimited Connect® Pooled Anytime Minutes Included Included Included Included Not Applicable Nationwide Long Distance Included Included Included Included Included Caller ID &Voice Mail Included Included Included Included Included (1) Net Sprint Voice Plans are net of all discounts. Service Pricing Discount does not apply. (2) Roaming charges are included. (3) Direct Connect and Group Connect are available on select devices. Additional Sprint Direct Connect features, including, but not limited to, Talkgroupsm and International Direct Connects"', are available with certain devices and may be subject to an additional charge. (4) If Customer activates a Smartphone on this plan, Customer is required to purchase either a Sprint Blackberry data plan or a Sprint Pro -Pack data plan to be used in conjunction with this plan Page 44 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 891 of 1471 4. Push to Talk — [Back rice ] Custom Sprint Mobile to Mobile, 9 pm Nights and Weekends, and Push -to -Talk Plan a. Sprint will charge Customer a Monthly Recurring Charge ("MRC") and a flat rate per -minute charge for each Anytime minute used on a SDrint Corporate -Liable Active Unit. There are no included Anvtime Dlan minutes. Monthly Recurring Charge ("MRC") MRC Per Minute Rate for all voice minutes used including Anytime Minutes, Nationwide Long Distance $0.0618 Shared Minutes Not Available Caller ID & Voice Mail Included Unlimited Mobile to Mobile Included Unlimited Nights and Weekends beginning at 9PM Included Direct Connect and Group Connect Included (1) Direct Connect and Group Connect are available on select devices. Additional Sprint Direct Connect® features, including, but not limited to, TeamDC'm, are available with certain devices and may be subject to an add'I charge. (2) If Customer activates a Smartphone on this plan, Customer is required to purchase either a Sprint Blackberry data plan or a Sprint Pro -Pack data plan to be used in conjunction with this plan. (3) Circuit -switched data or modem -to -modem data calls are billed at the anytime overage rate listed in the table above. (4) Plan cannot be combined with free Messaging. Customer may purchase 300 messaging for $1.03 NET; 500 messages for $2.06 NET; or unlimited messages for $5.15 NET. ® Casual Text /Per Text -MMS/SMS ® 300 MessagesMMS/SMS . 500 MessagesMMS/SMS ® Unlimited Messages MMS/SMS.[Back rice e] Sprint Domestic Messaging Add -Ons. Messaging add-ons include text, picture and video messages based on device capability. Additional charges apply for international messaging. Messaging Plan MRC Additional Messages Casual Per Message $0 $0.0412/Message 300 Messages NET $1.03 $0.0515/Message 500 Messages NET $2.06 $0.0515/Message Unlimited Messages NET $5.15 N/A (1) Net Messaging Plans are net of all discounts. Service Pricing Discount does not apply. Exhibit #3 — Pricing Page 45 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 892 of 1471 ® Pro Pack Attachable. [Back rice ] Sprint Voice Plan Add -Ons. The following options may be added to a Sprint voice Business Plan on a per -Corporate -Liable Active Unit basis for the listed additional MRC, unless otherwise noted. A. Sprint Data Add -Ons Data Plan MRC Sprint PRO Pack NET $20.60 Sprint Mobile Hotspot NET $30.90* (1) NET MRCS are net of all discounts. Customer's Service Pricing Discount is not applicable. (2) Wireless high speed data coverage is not available everywhere and requires a wireless high speed data - compatible phone. Where the wireless high speed data network is available and a wireless high speed data - compatible phone is used, Corporate -Liable Active Units will first attempt to connect to the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. (3) Phone as Modem may be added to the Sprint PRO Pack for an additional NET $10.30 MRC. The included email solution in the Sprint PRO Pack varies by device. Please review product specifications for details. (4) Sprint Mobile Hotspot requires an eligible Voice/Data bundled Business Plan or an eligible voice Business Plan and an eligible Sprint Pro Pack and Sprint Premium Data add-on. Sprint Mobile Hotspot is only available on certain wireless devices. Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product Annex. B. The following option is required to be added to a Sprint voice Business Plan on a per -Corporate -Liable Active Unit basis for the listed additional MRC, unless otherwise noted. Data Plan MRC Sprint Premium Data NET $10.30* * MRC is net of all discounts. Customer's Service Pricing Discount is not applicable. (1) Sprint Premium Data requires an eligible Voice/Data bundled Business Plan or an eligible voice Business Plan and an eligible Sprint Pro Pack. Sprint Premium Data is required on certain wireless devices including but not limited to the HTC EVO 4G and Samsung Epic. C. Sprint Domestic Messaging Add -Ons. Messaging add-ons include text, picture and video messages based on device capability. Additional charges apply for international messaging. Messaging Plan MRC Additional Messages Casual Per Message $0 $0.0412/Message 300 Messages NET $1.03 $0.0515/Message 500 Messages NET $2.06 $0.0515/Message Unlimited Messages NET $5.15 N/A (1) Net Messaging Plans are net of all discounts. Service Pricing Discount does not apply. Page 46 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 893 of 1471 3. Unlimited Blackberry *Attached to voice plan. BlackBerry Service Plans A. Customer's use of the Research in Motion Limited ("RIM") BlackBerry service offered by Sprint is subject to acceptance of the RIM terms and conditions presented to Customer before Customer may download the RIM software. The terms and conditions for use of the BlackBerry service are located at http://na.blackberry.com/eng/legal/terms.isp, and are subject to change without prior notice to Customer. B. BlackBerry Business Plans can only be activated on BlackBerry devices. C. Monthly Recurring Charge (1) Net $20.00 BlackBerry Unlimited Email and Web Plan is net of all discounts. Service Pricing Discount does not apply. (2) Unless Customer adds a voice Business Plan that includes voice calls, long distance calls, and Domestic Roaming to the above BlackBerry data Business Plan, Customer will be charged $.206/minute for voice calls plus $0.2575/minute for long distance calls. For devices on Nationwide Sprint Network, Domestic Roaming calls are $0.7107/minute with an additional $0.2575/minute for long- distance calls. (3) Additional charges apply for messaging service. 31. Unlimited Blackberry- *No voice plan req. Exhibit #3 BlackBerry Unlimited Email and Web Plan Data Services in MBs, BlackBerry Email, Internet or BlackBerry BLACKBERRY DATA Unlimited Browsing, Mobile Broadband MRC if purchased with Sprint voice plan NET $20.60 (1) Net $20.00 BlackBerry Unlimited Email and Web Plan is net of all discounts. Service Pricing Discount does not apply. (2) Unless Customer adds a voice Business Plan that includes voice calls, long distance calls, and Domestic Roaming to the above BlackBerry data Business Plan, Customer will be charged $.206/minute for voice calls plus $0.2575/minute for long distance calls. For devices on Nationwide Sprint Network, Domestic Roaming calls are $0.7107/minute with an additional $0.2575/minute for long- distance calls. (3) Additional charges apply for messaging service. 31. Unlimited Blackberry- *No voice plan req. Exhibit #3 Page 47 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-008B Sprint . Page 894 of 1471 BLACKBERRY DATA MONTHLY Straight Overage �, Plan Price Rate PLAN FLANOverage TIER # QUANTITY Plan Rate Variance (Megabytes) Price Rate (col (per from Variance Value Added Features/Clarifying Notes d _ col b) fro- romTarget megabyte) Target Target $20 Unl with Voice plan added, Max charge $25,+ $1 6.9b 100 Tier 9 + $20 0.2000 0.04 10.00 (0.060) Devices Tier $20 Unl with Voice plan added, Max charge $25,+ $1 6.10b 500 $20 0.0400 0.04 5.00 0.010 10 Devices Tier $20 Unl with Voice plan added, Max charge $25,+ $1 6.11b 1,000 $25 0.020 0.04 5.00 0.020 11 Devices Tier Tier$25 $20 Unl with Voice plan added, Max charge $25,+ $1 6.12b Unlimited 2.50 ----- Devices Page 47 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-008B Sprint . Page 894 of 1471 34® Mobile Hotspot 3G (attachable) (1) Sprint Mobile Hotspot Add -On. Sprint Mobile Hotspot Add -On may be added for an additional MRC. Sprint Mobile Hotspot Add -On is only available on certain Hotspot capable wireless devices. Sprint Mobile Hotspot Add -On usage is separate from underlying plan usage. 'If Customer's data usage in a given month exceeds the Data Services limitation, Customer will be liable for the overage charges set forth in the table above. L The Data Roaming limitation is 100MB or 300MB depending on the Tablet plan selected. The combined Data Roaming usage from both the device and Mobile Hotspot contributes to the Data Roaming limitation. Additional roaming usage is $0.2575 per MB. ii. All data usage (device and Mobile Hotspot) will count against the Sprint Mobile Hotspot Add -On Data Services limitation when the Mobile Hotspot functionality is turned on. (2) Sprint reserves the right, without notice or limitation, to limit throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend wireless Service if a wireless Product engages in any of the prohibited data uses detailed below or if Sprint, in its sole discretion, determines action is necessary to protect the Sprint Networks or Sprint 4G Network from harm or degradation. Sprint wireless data Services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non -continuous streaming of videos, downloading of files or on-line gaming. Sprint wireless data Services may not be used: (a) to generate excessive amounts of Internet traffic through continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web, video surveillance, or gaming hosting; (b) to maintain continuous active network connections to the Internet such as through a web camera or machine -to -machine connections that do not involve active participation by a person; (c) to disrupt email use by others using automated or manual routines, including, but not limited to, "auto -responders" or cancel bots or other similar routines; (d) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail," unsolicited commercial or bulk email, or fax; (e) for activities adversely affecting the ability of other people or systems to use either Sprint's Wireless Services or other parties' Internet -based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; (f) for an activity that connects any device to personal computers (including, but not limited to, laptops), or other equipment for the purpose of transmitting wireless data over the Sprint Networks or Sprint 4G Network (unless Customer is using a plan designated for such usage); (g) by a Wireless Data Connection Device in excess of: (i) the total data usage allowed by Customer's plan, (ii) 300 MB/month while Roaming for a plan equal to or greater than 5GB/month in total or 100 MB/month while Roaming for a plan less than 5 GB/month in total, or (iii) a majority of kilobytes while Roaming; or (h) for any other reason that, in Sprint's sole discretion, violates Sprint's policy of providing Service for individual use. (3) Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product Annex (4) Wireless high speed data coverage is not available everywhere and requires a wireless high speed data -compatible phone. Where the wireless high speed data network is available and a wireless high speed data -compatible phone is used, Corporate -Liable Active Units will first attempt to connect to the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. Page 48 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 895 of 1471 Data Services limitation in Gigabytes ("GB") 2 GB Overage charges for additional data Services usage above $0.0515 per MBl data Services limitation 'If Customer's data usage in a given month exceeds the Data Services limitation, Customer will be liable for the overage charges set forth in the table above. L The Data Roaming limitation is 100MB or 300MB depending on the Tablet plan selected. The combined Data Roaming usage from both the device and Mobile Hotspot contributes to the Data Roaming limitation. Additional roaming usage is $0.2575 per MB. ii. All data usage (device and Mobile Hotspot) will count against the Sprint Mobile Hotspot Add -On Data Services limitation when the Mobile Hotspot functionality is turned on. (2) Sprint reserves the right, without notice or limitation, to limit throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend wireless Service if a wireless Product engages in any of the prohibited data uses detailed below or if Sprint, in its sole discretion, determines action is necessary to protect the Sprint Networks or Sprint 4G Network from harm or degradation. Sprint wireless data Services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non -continuous streaming of videos, downloading of files or on-line gaming. Sprint wireless data Services may not be used: (a) to generate excessive amounts of Internet traffic through continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web, video surveillance, or gaming hosting; (b) to maintain continuous active network connections to the Internet such as through a web camera or machine -to -machine connections that do not involve active participation by a person; (c) to disrupt email use by others using automated or manual routines, including, but not limited to, "auto -responders" or cancel bots or other similar routines; (d) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail," unsolicited commercial or bulk email, or fax; (e) for activities adversely affecting the ability of other people or systems to use either Sprint's Wireless Services or other parties' Internet -based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; (f) for an activity that connects any device to personal computers (including, but not limited to, laptops), or other equipment for the purpose of transmitting wireless data over the Sprint Networks or Sprint 4G Network (unless Customer is using a plan designated for such usage); (g) by a Wireless Data Connection Device in excess of: (i) the total data usage allowed by Customer's plan, (ii) 300 MB/month while Roaming for a plan equal to or greater than 5GB/month in total or 100 MB/month while Roaming for a plan less than 5 GB/month in total, or (iii) a majority of kilobytes while Roaming; or (h) for any other reason that, in Sprint's sole discretion, violates Sprint's policy of providing Service for individual use. (3) Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product Annex (4) Wireless high speed data coverage is not available everywhere and requires a wireless high speed data -compatible phone. Where the wireless high speed data network is available and a wireless high speed data -compatible phone is used, Corporate -Liable Active Units will first attempt to connect to the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. Page 48 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 895 of 1471 (5) Phone as Modem may be added to the Sprint PRO Pack for an additional NET $10.30 MRC. The included email solution in the Sprint PRO Pack varies by device. Please review product specifications for details. (6) Sprint Mobile Hotspot requires an eligible Voice/Data bundled Business Plan or an eligible voice Business Plan and an eligible Sprint Pro Pack and Sprint Premium Data add-on. Sprint Mobile Hotspot is only available on certain wireless devices. Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product Annex. 35b. Sprint Mobile Hotspot Add -On. k to Price Page] Sprint Mobile Hotspot Add -On may be added for an additional MRC. Sprint Mobile Hotspot Add -On requires an eligible Voice/Data bundled Business Plan or an eligible voice Business Plan and an eligible Sprint Data Plan. Sprint Mobile Hotspot Add -On is only available on certain Hotspot capable wireless devices. Sprint Mobile Hotspot Add -On usage is separate from underlying plan usage. MRC $10.30* Data Services limitation in Gigabytes ("GB") Unlimited for Acceptable Use 2 Overage charges for additional data Services usage above NA data Services limitation Data Roaming limitation in Megabytes ("MB") 100 MB Overage charge for additional data Roaming usage above $0.2575 per MB 3 plan limit *MRC is net of all discounts. Customer's Service Pricing Discount is not applicable. 'If Customer's data usage in a given month exceeds the Data Services limitation, Customer will be liable for the overage charges set forth in the table above. 2 Unlimited use available while on the Sprint network. Sprint will throttle to 64kb and reserves the right to modify or suspend wireless data Service to a Wireless Data Connection Device on the 3G/4G Unlimited for Acceptable Use Plan above if such Wireless Data Connection Device exceeds 5GB/month of data usage, 100 MB/month of usage while Roaming or engages in the following prohibited uses: server devices or host computer Applications, including, but not limited to, continuous streaming video and Web camera posts; automatic data feeds; automated continuous streaming machine -to -machine connections; or peer-to-peer (P2P) file -sharing Applications broadcasting to multiple servers or recipients such that they could enable "bots" or similar routines. 3 If Customer's data usage in a given month exceeds the plan's Data Roaming limitation, Customer will be liable for the overage charges set forth in the table above. (1) All data usage (device and Mobile Hotspot) will count against the Sprint Mobile Hotspot Add -On Data Services limitation when the Mobile Hotspot functionality is turned on. (2) Roaming is not available on the Sprint 4G Network at this time. (3) Sprint reserves the right, without notice or limitation, to limit throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend wireless Service if a wireless Product engages in any of the prohibited data uses detailed below or if Sprint, in its sole discretion, determines action is necessary to protect the Sprint Networks or Sprint 4G Network from harm or degradation. Sprint wireless data Services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non -continuous streaming of videos, downloading of files or on-line gaming. Page 49 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 896 of 1471 Sprint wireless data Services may not be used: (a) to generate excessive amounts of Internet traffic through continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web, video surveillance, or gaming hosting; (b) to maintain continuous active network connections to the Internet such as through a web camera or machine -to -machine connections that do not involve active participation by a person; (c) to disrupt email use by others using automated or manual routines, including, but not limited to, "auto -responders" or cancel bots or other similar routines; (d) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax; (e) for activities adversely affecting the ability of other people or systems to use either Sprint's Wireless Services or other parties' Internet -based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; (f) for an activity that connects any device to personal computers (including, but not limited to, laptops), or other equipment for the purpose of transmitting wireless data over the Sprint Networks or Sprint 4G Network (unless Customer is using a plan designated for such usage); (g) by a Corporate -Liable Active Unit in excess of: (i) the total data usage allowed by Customer's plan, (ii) 300 MB/month while Roaming for a plan equal to or greater than 5GB/month in total or 100 MB/month while Roaming for a plan less than 5 GB/month in total, or (iii) a majority of kilobytes while Roaming; or (h) for any other reason that, in Sprint's sole discretion, violates Sprint's policy of providing Service for individual use. (4) Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product Annex. The Parties agree that the Contract pricing shall be amended to delete the existing Telemetry Data Plans on the Contract and replace with the following Sprint Data Access Plans for Business listed below to reduce the monthly recurring charge for the 1MB, 2MB, 5MB, 10MB and 100MB plans and add 25MB, 50MB, 1GB, 2GB and 5GB per month plan options. Sprint 313 Data Access Plans for Business. Sprint Data Access Plans for Business provides access to the Sprint 3G Network and the Nationwide Sprint Network. Sprint 3G Network coverage is not available everywhere and requires an EVDO- compatible data M2M Device. When the Sprint 3G Network is available and an EVDO-compatible data M2M Device is used, the M2M Device will first attempt to connect to the Sprint 3G Network and then default to the Nationwide Sprint Network depending on coverage and network availability. Page 50 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-008B Sprint . Page 897 of 1471 Sprint Data Access Plans for Business Plan Size 1MB 2MB 5MB 10MB 25MB 50MB 100MB 500MB 1GB 2GB 5GB MRC $4.121 $5.151 $6.181 $8.241 $10.301 $12.361 $16.481 $21.631 $26.781 $31.931 $49.441 Overage $0.003 $0.003 $0.003 $0.003 $0.003 $0.0003 $0.0003 $0.0003 $0.0003 $0.0003 $0.0003 per KB $15.45 $15.45 $15.45 $15.45 per Services limitation z Data per GB per GB per GB per GB GB Data Roaming limitation in Included Included Included Included Included Included Included Included Included Included Included Pooling $0.2575 $0.2575 $0.2575 $0.2575 data Roaming usage above data 1 MRCS on these plans are net of all discounts. Customer's M211M or Wireless (as applicable) Service Pricing Discount does not apply. Additional Terms; a. Usage limitations, including roaming usage limitations, and other data usage restrictions or limitations as set forth in the Contract and Exhibit 2 shall apply. b. Data Pooling. Data usage will be pooled among M2M Devices with the same plan size and billing account number (each a "Pooling Group"). 47. Mobile Broadband Router Plans - 4G LTE (100MB) 48. Mobile Broadband Router Plans - 4G LTE (1GB) f! MT 111111111 11 1.1 Wireless Modem Pooling Plans. The Wireless Modem Pooling Plans are only available with Sprint 4G LTE Network capable wireless modem devices. MRC $15.44 $20.59 $36.04 $51.49 $82.39 $113.29 Data Services limitation in Megabytes ("MB") or Gigabytes 100MB 1G13 3GB 6GB 12GB 30GB ("GB") Overage charge for additional $15.45 data Services usage above data per GB $15.45 $15.45 $15.45 $15.45 $15.45 per Services limitation z per GB per GB per GB per GB GB Data Roaming limitation in Megabytes ("MB") 25MB 100MB 100MB 300MB 300MB 300MB Overage charge for additional $0.2575 $0.2575 $0.2575 $0.2575 $0.2575 $0.2575 data Roaming usage above data per MB per MB per MB per MB per MB Roaming limitation per MB Page 51 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-008B Sprint . Page 898 of 1471 MRC $15.44 $20.59 $36.04 $51.49 $82.39 $113.29 Data Pooling3 Included Included Included Included Included Included 1 MRC is net of all discounts. Customer's Service Pricing Discount is not applicable. z If Customer's data usage in a given month exceeds the Business Plan's Data Services limitation or Data Roaming limitation, Customer will be liable for the overage charges set forth in the table above. Customer may be liable for both overage charges if Customer's usage in a given month exceeds both the Business Plan's Data Services limitation and Data Roaming limitation. 3 Data usage on Wireless Modem Pooling Plans, excluding Roaming, will be pooled among devices with the same Wireless Modem Pooling Plan size, and with the same billing account number. Data Roaming limitations are applied on a per -device basis and Roaming data usage does not pool. A. All pricing and available MBs and GBs are the same whether Corporate -Liable Active Units use the Sprint 4G LTE Network, the Sprint 3G Network or the Nationwide Sprint Network. Wireless high speed data coverage is not available everywhere. When the Sprint 4G LTE Network is available, Corporate -Liable Active Units first will attempt to connect to the Sprint 4G LTE Network, and then will default to the Sprint 3G Network or Nationwide Sprint Network, depending on coverage and network availability. B. Roaming is not available on the Sprint 4G LTE Network at this time. C. D. Sprint reserves the right, without notice or limitation, to limit throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend wireless Service if a wireless Product engages in any of the prohibited data uses detailed below or if Sprint, in its sole discretion, determines action is necessary to protect the Sprint Networks or Sprint 4G LTE Network from harm or degradation. Sprint wireless data Services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non -continuous streaming of videos, downloading of files or on-line gaming. Sprint wireless data Services may not be used: (a) to generate excessive amounts of Internet traffic through continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web, video surveillance, or gaming hosting; (b) to maintain continuous active network connections to the Internet such as through a web camera or machine -to -machine connections that do not involve active participation by a person; (c) to disrupt email use by others using automated or manual routines, including, but not limited to, "auto -responders" or cancel bots or other similar routines; (d) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax; (e) for activities adversely affecting the ability of other people or systems to use either Sprint's Wireless Services or other parties' Internet -based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; (f) for an activity that connects any device to personal computers (including, but not limited to, laptops), or other equipment for the purpose of transmitting wireless data over the Sprint Networks or Sprint 4G LTE Network (unless Customer is using a plan designated for such usage); (g) by a Wireless Data Connection Device in excess of: (i) the total data usage allowed by Customer's Business Plan; or (ii) while Roaming, (A) 100 MB/month (B) 300 MB/month or (C) a majority of kilobytes depending on the applicable Business Plan; or (h) for any other reason that, in Sprint's sole discretion, violates Sprint's policy of providing Service for individual use. E. Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product Annex. Page 52 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 899 of 1471 52b,_ Non - Sprint InventoriedEmbedded Computing octio Plan [Race t �� '� A. The Non — Sprint Inventoried Embedded Computing Connection Plan provides EVDO (using CDMA technology) data functionality and Sprint 4G data functionality in certain coverage areas of the United States. Sprint 4G Network coverage is not available everywhere and requires a 4G Network data -compatible embedded connection device. Customer may contact its Sprint Account Representative or visit www.sprint.com/coverage for current coverage areas and applicable wireless devices. Sprint reserves the right to limit the devices that can be used with this Business Plan. This Business Plan is only available to Customer Lines domiciled in the United States. B. Non — Sprint Inventoried Embedded Computing Connection Plan Charges MRC $39.131 Data Services limitation in Gigabytes ("GB") Unlimited for Acceptable Use 2 Data Roaming limitation in Megabytes ("MB") 100 MB Overage charge for additional data Roaming usage above plan limit $0.2575 per M133 MRC is net of all discounts. Customer's Service Pricing Discount is not applicable. 2 Unlimited use available while on the Sprint network. Sprint will throttle to 64kb and reserves the right to modify or suspend wireless data Service to a Wireless Data Connection Device on the 3G/4G Unlimited for Acceptable Use Plan above if such Wireless Data Connection Device exceeds 5GB/month of data usage, 100 MB/month of usage while Roaming or engages in the following prohibited uses: server devices or host computer Applications, including, but not limited to, continuous streaming video and Web camera posts; automatic data feeds; automated continuous streaming machine -to -machine connections; or peer-to-peer (P2P) file - sharing Applications broadcasting to multiple servers or recipients such that they could enable "bots" or similar routines. 3 If Customer's data usage in a given month exceeds the plan's Data Roaming limitation, Customer will be liable for the overage charges set forth in the table above. (1) The Embedded Computing Connection Plan includes data usage up to the plan's Data Services limitation on the Sprint 4G Network (if included), the Sprint 3G Network and the Nationwide Sprint Network. Wireless high speed data coverage is not available everywhere and requires a wireless high speed data -compatible device. Where the wireless high speed data network is available and a wireless high speed data -compatible device is used, Corporate -Liable Active Units will first attempt to connect to the Sprint 4G Network (if included), then the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. (2) Data usage on the Sprint 4G Network requires a 4G capable device. (3) Roaming is not available on the Sprint 4G Network at this time. (4) Premium Services content is not available with this Business Plan. (5) Sprint reserves the right, without notice or limitation, to limit throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend wireless Service if a wireless Product engages in any of the prohibited data uses detailed below or if Sprint, in its sole discretion, determines action is necessary to protect the Sprint Networks or Sprint 4G Network from harm or degradation. Sprint wireless data Services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non -continuous streaming of videos, downloading of files or on-line gaming. Sprint wireless data Services may not be used: (a) to generate excessive amounts of Internet traffic through continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web, video surveillance, or gaming hosting; (b) to maintain continuous active network connections to the Internet such as through a web camera or machine -to -machine connections that do not involve active participation by a person; (c) to disrupt email use by others using automated or manual routines, including, but not limited to, "auto -responders" or cancel bots or other similar routines; (d) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited Page 53 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 900 of 1471 commercial or bulk email, or fax; (e) for activities adversely affecting the ability of other people or systems to use either Sprint's Wireless Services or other parties' Internet -based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; (f) for an activity that connects any device to personal computers (including, but not limited to, laptops), or other equipment for the purpose of transmitting wireless data over the Sprint Networks or Sprint 4G Network (unless Customer is using a plan designated for such usage); (g) by a Corporate -Liable Active Unit in excess of: (i) the total data usage allowed by Customer's plan, (ii) 300 MB/month while Roaming for a plan equal to or greater than 5GB/month in total or 100 MB/month while Roaming for a plan less than 5 GB/month in total, or (iii) a majority of kilobytes while Roaming; or (h) for any other reason that, in Sprint's sole discretion, violates Sprint's policy of providing Service for individual use. (6) Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product Annex. Sprint 3G/4G Connection Plan 53. 54. 55. 56a Usage Included 500MB 1GB 2GB Acceptable z Use Unlimited Additional data usage above included $0.0412 per $0.0412 per $0.0412 per Not Applicable pp Data Services MB MB MB Additional data Roaming usage above $0.2575 per $0.2575 per $0.2575 per $0.2575 per 300 MB I MB MB MB MB Z Sprint reserves the right to modify or suspend wireless data Service to a Wireless Data Connection Device on the 3G/4G Restricted Use Unlimited Connection Plan if such Wireless Data Connection Device exceeds 300 MB/month of usage while Roaming and Customer received proactive notification from Sprint that the 300MB/month roaming threshold was about to be exceeded; or engages in the following prohibited uses: server devices or host computer Applications, including, but not limited to, continuous streaming video and Web camera posts that broadcast more than 24 hours; automatic data feeds; automated continuous streaming machine -to -machine connections; or peer- to-peer (P2P) file -sharing Applications broadcasting to multiple servers or recipients such that they could enable "bots" or similar routines. 31f End User's data usage on the Sprint 3G Network and the Nationwide Sprint Network in a given month exceeds 300 MB while Roaming, the Department will be liable for the overage charges set forth in the table above. (1) The 3G/4G Connection Plan includes unlimited data usage on the Sprint 4G Network and up to 5GB/month aggregate data usage on the Sprint 3G Network and the Nationwide Sprint Network. Wireless high speed data coverage is not available everywhere and requires a wireless high speed data -compatible device. Where the wireless high speed data network is available and a wireless high speed data -compatible device is used, Corporate - Liable Active Units will first attempt to connect to the Sprint 4G Network, then the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. (2) Roaming is not available on the Sprint 4G Network at this time. (3) Premium Services content is not available with this Business Plan. (4) Sprint reserves the right, without notice or limitation, to limit throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend wireless Service if a wireless Product engages in any of the prohibited data uses detailed below or if Sprint, in its sole discretion, determines action is necessary to protect the Page 54 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-008B Sprint . Page 901 of 1471 Sprint Networks or Sprint 4G Network from harm or degradation. Sprint wireless data Services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non -continuous streaming of videos, downloading of files or on-line gaming. Sprint wireless data Services may not be used: (a) to generate excessive amounts of Internet traffic through continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web, video surveillance, or gaming hosting; (b) to maintain continuous active network connections to the Internet such as through a web camera or machine -to -machine connections that do not involve active participation by a person; (c) to disrupt email use by others using automated or manual routines, including, but not limited to, "auto - responders" or cancel bots or other similar routines; (d) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail," unsolicited commercial or bulk email, or fax; (e) for activities adversely affecting the ability of other people or systems to use either Sprint's Wireless Services or other parties' Internet -based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; (f) for an activity that connects any device to personal computers (including, but not limited to, laptops), or other equipment for the purpose of transmitting wireless data over the Sprint Networks or Sprint 4G Network (unless Customer is using a plan designated for such usage); (g) by a Wireless Data Connection Device in excess of: (i) 5 GB/month in total, (ii) 300 MB/month while Roaming, or (iii) a majority of kilobytes while Roaming; or (h) for any other reason that, in Sprint's sole discretion, violates Sprint's policy of providing Service for individual use. (5) Unless specifically stated otherwise, wireless Products on "unlimited" Business Plans are subject to the prohibited network uses in this section. Other Business Plan options for these types of Applications are available by contacting the Department's Sprint Account Representative. B. The Parties agree that the Contract pricing shall be amended to delete the existing 313 Connection Plans on the Contract and replace it with the following 313 Connection Plans listed below to reduce the Acceptable Use Unlimited Plan and to reduce the 1GB plan. z Sprint reserves the right to modify or suspend wireless data Service to a Wireless Data Connection Device on the 3G Restricted Use Unlimited Connection Plan if such Wireless Data Connection Device exceeds 300 MB/month of usage while Roaming and Customer received proactive notification from Sprint that the 300MB/month roaming threshold was about to be exceeded; or engages in the following prohibited uses: server devices or host computer Applications, including, but not limited to, continuous streaming video and Web camera posts that broadcast more than 24 hours; automatic data feeds; automated continuous streaming machine -to -machine connections; or peer-to-peer (P2P) file - sharing Applications broadcasting to multiple servers or recipients such that they could enable "bots" or similar routines. Page 55 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-008B Sprint . Page 902 of 1471 56a. Included Data Services in Megabytes 53. 54. 55. ("MB") or Gigabytes ("GB") 500MB 1GB 2GB Acceptable Use Unlimited z Additional data usage above included $0.0412 per MB $0.0412 per MB $0.0412 per MB Not Applicable Data Services Additional data Roaming usage above $0.2575 per MB $0.2575 per MB $0.2575 per MB $0.2575 per MB 300 MB z Sprint reserves the right to modify or suspend wireless data Service to a Wireless Data Connection Device on the 3G Restricted Use Unlimited Connection Plan if such Wireless Data Connection Device exceeds 300 MB/month of usage while Roaming and Customer received proactive notification from Sprint that the 300MB/month roaming threshold was about to be exceeded; or engages in the following prohibited uses: server devices or host computer Applications, including, but not limited to, continuous streaming video and Web camera posts that broadcast more than 24 hours; automatic data feeds; automated continuous streaming machine -to -machine connections; or peer-to-peer (P2P) file - sharing Applications broadcasting to multiple servers or recipients such that they could enable "bots" or similar routines. Page 55 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-008B Sprint . Page 902 of 1471 31f End User's data usage in a given month exceeds 10 MB, 500 MB, 1 GB, or 2 GB in total or 300 MB while Roaming, the Department will be liable for the overage charges set forth in the table above. The Department may be liable for both overage charges if End User's usage in a given month exceeds both 10 MB, 500 MB, 1 GB, and 2 GB in total and 300 MB while Roaming. (1) All pricing and available MBs are the same whether Corporate -Liable Active Units use the Sprint 3G Network or the Nationwide Sprint Network. Sprint 3G Network coverage is not available everywhere and requires an EVDO-compatible connection card. Where the Sprint 3G Network is available and an EVDO-compatible connection card is used, Corporate -Liable Active Units will first attempt to connect to the Sprint 3G Network, and then default to the Nationwide Sprint Network depending on coverage and network availability. Sprint reserves the right to limit throughput speeds or the amount of data transferred, and to deny, terminate, modify, disconnect or suspend wireless data Service on the Sprint 3G Network and the Nationwide Sprint Network, for Customer's Wireless Data Connection Devices with data usage exceeding 5 GB/month in total, or 300 MB/month while Roaming. 56b. 3G/4G ConnectionCaird Plain [Lack'To Price Paye' The 3G/4G Connection Plan provides both EVDO (using CDMA technology) and Sprint 4G data functionality in certain coverage areas of the United States. Sprint 4G Network coverage is not available everywhere and requires a Sprint 4G Network data -compatible connection card. Customer may contact its Sprint Account Representative or visit www.sprint.com/coverage for current coverage areas and applicable wireless devices. Sprint reserves the right to limit the devices that can be used with this Business Plan. This Business Plan is only available to Customer Lines domiciled in the United States. 3G/4G Connection Plan Charges MRC NET $33.98 1 Usage Included Unlimited for Acceptable Use 2 Data Roaming limitation in Megabytes ("MB") 300 MB Additional data Roaming usage above 100 MB $0.2575 per MB MRC is net of all discounts. Customer's Service Pricing Discount is not applicable. 2 Unlimited use available while on the Sprint network. Sprint reserves the right to modify, throttle or suspend wireless data Service to a Wireless Data Connection Device on the 3G/4G Unlimited for Acceptable Use Plan above if such Wireless Data Connection Device exceeds 5GB/month of data usage, 100 MB/month of usage while Roaming or engages in the following prohibited uses: server devices or host computer Applications, including, but not limited to, continuous streaming video and Web camera posts; automatic data feeds; automated continuous streaming machine - to -machine connections; or peer-to-peer (P2P) file -sharing Applications broadcasting to multiple servers or recipients such that they could enable "bots" or similar routines. 3 If Customer's data usage in a given month exceeds the plan's Data Roaming limitation, Customer will be liable for the overage charges set forth in the table above. A. The 3G/4G Connection Card Plan includes unlimited data usage on the Sprint 4G Network, the Sprint 3G Network and the Nationwide Sprint Network. Wireless high speed data coverage is not available everywhere and requires a wireless high speed data -compatible device. Where the wireless high speed data network is available and a wireless high speed data - compatible device is used, Corporate -Liable Active Units will first attempt to connect to the Sprint 4G Network, then the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. Page 56 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 903 of 1471 B. Roaming is not available on the Sprint 4G Network at this time. C. Premium Services content is not available with this Business Plan. D. Sprint reserves the right, without notice or limitation, to limit throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend wireless Service if a wireless Product engages in any of the prohibited data uses detailed below or if Sprint, in its sole discretion, determines action is necessary to protect the Sprint Networks or Sprint 4G Network from harm or degradation. Sprint wireless data Services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non -continuous streaming of videos, downloading of files or on-line gaming. Sprint wireless data Services may not be used: (a) to generate excessive amounts of Internet traffic through continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web, video surveillance, or gaming hosting; (b) to maintain continuous active network connections to the Internet such as through a web camera or machine -to -machine connections that do not involve active participation by a person; (c) to disrupt email use by others using automated or manual routines, including, but not limited to, "auto -responders" or cancel bots or other similar routines; (d) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax; (e) for activities adversely affecting the ability of other people or systems to use either Sprint's Wireless Services or other parties' Internet -based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; (f) for an activity that connects any device to personal computers (including, but not limited to, laptops), or other equipment for the purpose of transmitting wireless data over the Sprint Networks or Sprint 4G Network (unless Customer is using a plan designated for such usage); (g) by a Wireless Data Connection Device in excess of: (i) the total data usage allowed by Customer's plan, (ii) 100 MB/month while Roaming in total, or (iii) a majority of kilobytes while Roaming; provided that Customer's Wireless Data Connection Devices on "unlimited" Business Plans will not be subject to the Data Services limitation but are subject to the Roaming limitations; or (h) for any other reason that, in Sprint's sole discretion, violates Sprint's policy of providing Service for individual use. Certain data usage restrictions and limitations apply and are set forth in the Wireless Services Product Annex. 7. TBS Netbook /Notebook . Tablet 3G/4G LTE - 1. GB & _..._ 9. Tablet . Tablet /4 LTE- LI I ...._[Back to Prue Page] The Parties agree that the Contract pricing shall be amended to add the following new 6GB and 12GB Tablet Plans ("New Tablet Plans") to the Contract, which are in addition to the existing 1GB, 2GB, and 5GB Tablet Plans ("Existing Tablet Plans"). The $0.05 per MB overage rate is applicable onlyto the New Tablet Plans listed below: Tablet Plans Data Services limitation in Gigabytes ("GB") 1G13 2GB 5GB 6GB 12GB Overage charge for additional $0.0412 per $0.0412 per $0.0412 per $0.0515 per $0.0515 per data Services usage above data g MBz MBz MBz MBz MBz Services limitation Data Roaming limitation in Megabytes ("MB") 100MB 100MB 300MB 300MB 300MB Overage charge for additional $0.2575 per $0.2575 per $0.2575 per $0.2575 per $0.2575 per data Roaming usage above data nM13' M13' M13' M13' MM13'Roamig limitation Page 57 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 904 of 1471 z If Customer's data usage in a given month exceeds the plan's Data Services limitation or Data Roaming limitation, Customer will be liable for the overage charges set forth in the table above. Customer may be liable for both overage charges if Customer's usage in a given month exceeds both the plan's Data Services limitation and Data Roaming limitation. (1) All pricing and available MBs are the same whether Corporate -Liable Active Units use the Sprint 4G Network (if included), the Sprint 3G Network or the Nationwide Sprint Network. Sprint 3G Network coverage is not available everywhere and requires an EVDO-compatible data device. When the Sprint 3G Network is available and Customer uses a Sprint EVDO-compatible device with a wireless high-speed data Business Plan, Active Units will first attempt to connect to the Sprint 3G Network, and then default to the Nationwide Sprint Network depending on coverage and network availability. When the Sprint 4G Network is available and Customer uses a Sprint 4G -compatible device with a Business Plan for Sprint 4G Services, Active Units will first attempt to connect to the Sprint 4G Network, and then default to the Sprint 3G Network or Nationwide Sprint Network depending on coverage and network availability. (2) Data usage on the Sprint 4G Network requires a 4G capable device. (3) Roaming is not available on the Sprint 4G Network at this time. (4) Additional charges apply for messaging service. The Parties agree that the Agreement pricing shall be amended to delete the $39.13 Custom Domestic 3G/4G LTE Tablet Plan from the Second Amendment and replace it with the following new Custom Domestic 3G/4G LTE Tablet Plan to the Agreement as listed below: Custom Domestic 3G/4G LTE Tablet Plan a. The Custom Domestic 3G/4G LTE Tablet Plan provides both EVDO (using CDMA technology) and Sprint 4G data functionality in certain coverage areas of the United States. Sprint 4G Network coverage is not available everywhere and requires a Sprint 4G Network data -compatible tablet. Customer may contact its Sprint Account Representative or visit www.sprint.com/coverage for current coverage areas and applicable wireless devices. Sprint reserves the right to limit the devices that can be used with this Business Plan. This Business Plan is only available to Customer Lines domiciled in the United States. Usage Included Unlimited for Acceptable Use Data Roaming limitation in Megabytes ("MB") 300 MB Overage charge for additional data Roaming 3 usage above 300 MB $0.2575 per MB 'Unlimited use available while on the Sprint network. Sprint reserves the right to modify or suspend wireless data Service to a Wireless Data Connection Device on the 3G/4G Unlimited for Acceptable Use Plan if such Wireless Data Connection Device exceeds 300 MB/month of usage while Roaming and Customer received proactive notification from Sprint that the 300MB/month roaming threshold was about to be exceeded or engages in the following prohibited uses: server devices or host computer Applications, including, but not limited to, continuous streaming video and Web camera posts; automatic data feeds; automated continuous streaming machine -to -machine connections; or peer-to- peer (P2P) file -sharing Applications broadcasting to multiple servers or recipients such that they could enable "bots" or similar routines. I If End User's data usage on the Sprint 3G Network and the Nationwide Sprint Network in a given month exceeds 300 MB while Roaming, Customer will be liable for the overage charges set forth in the table above. (1) The Custom Domestic 3G/4G LTE Tablet Plan includes unlimited data usage on the Sprint 4G Network, the Sprint 3G Network and the Nationwide Sprint Network. All pricing and available MBs are the same whether Corporate -Liable Page 58 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 905 of 1471 Active Units use the Sprint 4G Network, the Sprint 3G Network or the Nationwide Sprint Network. Wireless high speed data coverage is not available everywhere and requires a wireless high speed data -compatible device. Where the wireless high speed data network is available and a wireless high speed data -compatible device is used, Corporate - Liable Active Units will first attempt to connect to the Sprint 4G Network, then the Sprint 3G Network, and then will default to the Nationwide Sprint Network depending on coverage and network availability. (2) Roaming is not available on the Sprint 4G Network at this time. (3) Premium Services content is not available with this Business Plan. (4) Sprint reserves the right, without notice or limitation, to limit throughput speeds or quantities or to deny, terminate, end, modify, disconnect, or suspend wireless Service if a wireless Product engages in any of the prohibited data uses detailed below or if Sprint, in its sole discretion, determines action is necessary to protect the Sprint Networks or Sprint 4G Network from harm or degradation. Sprint wireless data Services are provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non -continuous streaming of videos, downloading of files or on-line gaming. Sprint wireless data Services may not be used: (a) to generate excessive amounts of Internet traffic through continuous, unattended streaming, downloading or uploading of videos or other files or to operate hosting services including, but not limited to, web, video surveillance, or gaming hosting; (b) to maintain continuous active network connections to the Internet such as through a web camera or machine -to -machine connections that do not involve active participation by a person; (c) to disrupt email use by others using automated or manual routines, including, but not limited to, "auto -responders" or cancel bots or other similar routines; (d) to transmit or facilitate any unsolicited or unauthorized advertising, telemarketing, promotional materials, "junk mail", unsolicited commercial or bulk email, or fax; (e) for activities adversely affecting the ability of other people or systems to use either Sprint's Wireless Services or other parties' Internet -based resources, including, but not limited to, "denial of service" (DoS) attacks against another network host or individual user; (f) for an activity that connects any device to personal computers (including, but not limited to, laptops), or other equipment for the purpose of transmitting wireless data over the Sprint Networks or Sprint 4G Network (unless Customer is using a plan designated for such usage); (g) by a Wireless Data Connection Device in excess of: (i) the total data usage allowed by Customer's plan, (ii) 300 MB/month while Roaming for a plan equal to or greater than 5GB/month in total or 100 MB/month while Roaming for a plan less than 5 GB/month in total, or (iii) a majority of kilobytes while Roaming; provided that End User's Wireless Data Connection Devices on "unlimited" Business Plans will not be subject to the Data Services limitation but are subject to the Roaming limitations; or (h) for any other reason that, in Sprint's sole discretion, violates Sprint's policy of providing Service for individual use. (5) Unless specifically stated otherwise, wireless Products on "unlimited" Business Plans are subject to the prohibited network uses in this section. Other Business Plan options for these types of Applications are available by contacting Customer's Sprint Account Representative. (6) Certain data usage restrictions and limitations apply and are set forth in the Sprint Wireless Services Product Annex. Page 59 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 906 of 1471 Enhanced Services 63.64.65. - GEOTAB Geotab G06 Solution. General. MyGeotab is a cloud -based fleet management Application from Geotab, Inc. ("Geotab"). The Business Plans set forth in this section are available only for activation on Geotab's G06 devices utilizing the MyGeotab Application. Equipment, including G06, Garmin or Android devices, accessories, installation, professional services, Sprint Data Access Plans, and maintenance support are not included. Customer may purchase these products and services from Sprint or a Sprint - authorized provider for an additional charge. In Sprint's sole discretion, MyGeotab may not be purchased in conjunction with certain Sprint promotions or contests. Customer's use of the MyGeotab Application is subject to acceptance of the Geotab End User Agreement Terms and Conditions presented to Customer upon first log -in to the MyGeotab Application ("Geotab Terms"). Customer may log -in to the MyGeotab Application at http://my.geotab.com. The Geotab Terms are subject to change without prior notice to Customer. For technical support related to Customer's Geotab solution, including MyGeotab, Customer should call (800) 397-7102. Page 60 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 907 of 1471 MMIIIIIIRM1 Solutions that are software -as -a -service that allows you to create mobile apps that replace cumbersome paper forms. Avoid lost forms, impossible -to -read handwriting and the redundancy that comes with manual data entry. You can do all of that and more from a mobile device, electronically sign it and get on with your business. Improve cycle times, reduce cost all while increasing productivity :anvas Forms PDSCNVS :anvas Forms 30 Day Trial PDSCNVSP Canvas /month/user $19.57 0-499 units $18.03 after 500 lines (earned tier, upon Customer request and our verification of line achievement — not forward priced) $16.48 after 1001 lines (earned tier, upon Customer request and our verification of line achievement — not forward priced) For the first order, the license fee will be waived for the first 30 days. Canvas is available on a month-to-month subscription. Customers can add or remove users as needed; no termination charges apply. Note: Data charges may apply On day 27, Canvas will send an email to the customer to remind them that the first 30 days were free and billing for the app will start the following month. Canvas only works with smartphones, laptops and tablets. It is not compatible with feature phones, MBB cards or M2M devices. The use of Canvas is subject to a customer agreement to Canvas terms and conditions, which includes terms that may be unacceptable to some government customers. Before enrolling your customer please carefully review all Canvas terms and conditions. View terms of use at - https://www.gocanvas.com/terms of use. Page 61 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 908 of 1471 ® Equipment Service and Repair plan No Terms and Conditions for this product. ®T t l Equipment protection No Terms and Conditions for this product. ® Equipment Service and Repair plan -Tiered No Terms and Conditions for this product. ® Equipment Insurance prem. Tier 2 Device No Terms and Conditions for this product. ® Mobile to Mobile (add to plan) No Terms and Conditions for this product. ® International LD calling plan No Terms and Conditions for this product. 0 0 73. Premium Data [Back to Price I This option is required to be added to a Sprint voice Business Plan on a per -Corporate -Liable Active Unit basis for the listed additional MRC, unless otherwise noted. Sprint Premium Data requires an eligible Voice/Data bundled Business Plan or an eligible voice Business Plan and an eligible Sprint Pro Pack. Sprint Premium Data is required on certain wireless devices including but not limited to the HTC EVO 4G and Samsung Epic. 4® phone as Modem (see notes) No Terms and Conditions for this product. ® phone as Modem (see notes) See Smartphone and BB plans ® Standby No Terms and Conditions for this product. ® Wireless priority Service -WP (public Safety) [Back rice ] No Terms and Conditions for this product Page 62 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 909 of 1471 • TeamDC capable phones. Initiator is billed: • Participants x duration = minutes. • Example: There are 4 participants on a 5 minute call = 20 minutes charged. • (4x5=20) • Use the Price Plan Grid to identify if charges are covered by the plan. • Activate using Sprint Mobile Sync online. • Opt -out of TeamDC call by dissing the request on the phone. • The TeamDC call creator can disallow the opt -out feature. • Activated by a Direct Connect plan. • Use the Price Plan Grid to identify if overage costs are covered. • Overages are only covered with select plans. Page 63 of 63 EFFECTIVE DATE: 10/20/15 State of Florida MCS CONTRACT NO.: DMS -10/11-0088 Sprint . Page 910 of 1471 STATE OF FLS a A CUSTOM PER UNIff PLANS AND FEATURES Custom State of Florida Nationwide Voice Per Minute Calling Plan The calling plan below reflects the monthly access charge discount. No additional discounts apply. 200 Text/Picture/Video Message Option No Domestic Roaming or Long Distance Charges 200 Mobile to Mobile Minutes 200 Night and Weekend Minutes Monthly Access Domestic Anytime Domestic Anytime Voice Minutes SOFL Plan Number Charge Per Line Voice Allowance Per Month Voice Per Minute Rate Minutes Per Month 1.19a through 1.23a $0.00 0 2,784,000 - 4,075,999 $0.049 Text, Picture & Video Messaging Per the applicable Custom State of Florida SMS/MMS Per Message Feature rate Domestic Data Sent or Received $1.99 per MB or per Data Package Notes: Conventional and Smartphone Devices Only. Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. Must request SMS and/or MMS option to receive 200 included Text/Picture/Video messages option. PTT service requires; PTT feature, PTT enabled device, and PTT coverage. Pricing is based on the current State of Florida, Department of Management Services' quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS -10/11-008C for further details. April 7, 2015 DMS -10/11-008C v.01 Page 1 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. Custom State of Florida Nationwide Mobile Broadband Machine to Machine (M2M) Per 'g.bPlan The calling plan below reflects the monthly access charge discount. No additional discounts apply. [7:::::::::::::::::::::D::a:t:a:::for TelSemetry (M2M) devices only This plan may NOT be used for email Machine to Machine SOFL Plan Number (M2M) Domestic Megabytes (MB) Domestic Megabytes (MB) Data Per Megabyte Rate Monthly Access Charge Allowance Per Month Per Month Per Line 2.1a $0.00 0 1 -999,999 $0.099 National Access Roaming per KB $0.002 (Canada) $0.005 (Mexico) Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. Subscribers must supply their own authenticated Equipment (CPE) to be activated on these plans Pricing is based on the current State of Florida, Department of Management Services' quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS -10/11-008C for further details. April 7, 2015 DMS -10/11-008C v.01 Page 2 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. 1 Custom State of Florida Nationwide Push to Talk (PTT) Per Line Calling Plan and Feature Conventional (Basic) Device Plan Smartphone Device Feature Custom State of Florida Nationwide Push to Talk (PTT) Per Line Calling Plan or Feature Conventional (Basic) Device Plan Smartphone Device Feature 1 The calling plan below reflects the monthly access charge discount. No additional discounts apply. Domestic Anytime Voice Allowance Minutes SOFL Plan Number Monthly Access Charge Per Tier Domestic Anytime PTT Conventional Per Month Line Lines Per Month Smartphone Device Plan (Basic) Device Feature 2B.1 through 28.18 $10.00 1 -8,999 April 7, 2015 DMS -10/11-008C v.01 Page 3 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. The calling plan below reflects the monthly access charge discount. No additional discounts apply. SOFL Plan Number Monthly Access Charge Per Line Domestic Anytime PTT Lines Domestic Anytime Voice Allowance Minutes Per Month Per Month 2B.1 through 28.18 $10.00 1 -8,999 As a plan: As a feature: 0 Per the voice calling plan Mobile to Mobile Calling Unlimited Data Sent/Received Per the data package selected or Per the voice calling plan. PTT service requires PTT enabled device and coverage. PTT Interoperability requires an Interoperability Gateway, PTT enabled device, and coverage. Pricing is based on the current State of Florida, Department of Management Services' quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS -10/11-008C for further details. 0 Per selected voice calling plan requirements Mobile to Mobile Calling Unlimited Data Sent/Received Per the data package selected or Per the voice calling plan. PTT service requires PTT enabled device and coverage. Pricing is based on the current State of Florida, Department of Management Services' quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS -10/11-008C for further details. Custom State of Florida Nationwide Push to Talk (PTT) Per Line Calling Plan and Feature Conventional (Basic) Device Plan Smartphone Device Feature Custom State of Florida Nationwide Push to Talk (PTT) Per Line Calling Plan or Feature Conventional (Basic) Device Plan Smartphone Device Feature 1 The calling plan below reflects the monthly access charge discount. No additional discounts apply. Domestic Anytime Voice Allowance Minutes SOFL Plan Number Monthly Access Charge Per Tier Domestic Anytime PTT Conventional Per Month Line Lines Per Month Smartphone Device Plan (Basic) Device Feature 2B.1 through 28.18 $10.00 1 -8,999 April 7, 2015 DMS -10/11-008C v.01 Page 3 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. The calling plan below reflects the monthly access charge discount. No additional discounts apply. SOFL Plan Number Monthly Access Charge Per Line Domestic Anytime PTT Lines Domestic Anytime Voice Allowance Minutes Per Month Per Month 2B.1 through 28.18 $10.00 1 -8,999 As a plan: As a feature: 0 Per the voice calling plan Mobile to Mobile Calling Unlimited Data Sent/Received Per the data package selected or Per the voice calling plan. PTT service requires PTT enabled device and coverage. PTT Interoperability requires an Interoperability Gateway, PTT enabled device, and coverage. Pricing is based on the current State of Florida, Department of Management Services' quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS -10/11-008C for further details. The callinq features below reflect the monthly access charqe discount. No additional discounts SOFL Plan Number Monthly Access Charge Domestic Message Domestic Messages Per Per SMS Message Rate Allowance Month (Sent/Received) 3.1 through 3.13$0.00 0 1 -450,999 $0.02 SMS (Text) Messaging: Text Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced Text Messages sent to most SMS handsets will be delivered as multiple Text messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Text Messaging plans do not include Operator Assisted Messaging or International Messaging, which is available for 25¢ per message sent and 20¢ per message received; see www.vtext.com for details and countries. Pricing is based on the current State of Florida, Department of Management Services' quarterly commitment selection and is subject to change. Please refer to the Mobile Communication Services (MCS) Contract DMS -10/11-008C for further details. The calling features below reflect the monthly access charge discount. No additional discounts apply. (PictureMMS . VideoMessaging) SOFL Plan Number Monthly Access Charge Domestic Message Domestic Messages Per Per MMS Message Rate AllowanceMonth (Sent/Received) 3.1 through 3.25 0.00 0 1 - 1 608 999 0.05 g $ $ Multi -Media Messaging (MMS): Multi -Media Messaging (MMS) includes picture and video messaging and is only available within the National Enhanced Services Rate and Coverage Area. In addition, MMS messages are $0.25 per message, per address. In addition to the MMS per message charges, MMS uses calling plan Anytime Minutes or kilobytes. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Text Messaging plans do not include Operator Assisted Messaging or International Messaging, which is available for 25¢ per message sent and 20¢ per message received; see www.vtext.com for details and countries. Pricing is based on the current State of Florida, Department of Management Services' quarterly commitment selection and is subiect to chanae. Please refer to the Mobile Communication Services (MCS) Contract DMS -10/11-008C for further details. The calling features below reflect the monthly access charge discount. No additional discounts apply. SOFL Plan Number Monthly Access Charge Domestic Message Domestic Messages Per Per SMS Message Rate AllowanceMonth (Sent/Received) 3B.1 through 3B.25 0.00 0 1 —130 999 0.02 9 $ $ SMS (Text) Messaging: Text Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced Text Messages sent to most SMS handsets will be delivered as multiple Text messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Pricing is based on the current State of Florida, Department of Management Services' quarterly commitment selection and is subiect to change. Please refer to the Mobile Communication Services (MCS) Contract DMS -10/11-008C for further details. April 7, 2015 DMS -10/11-008C v.01 Page 4 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. FWRELESS VDCE Custom State of Florida Voice Calling Plans The calling plans below reflect the monthly access charge discount. No additional discounts apply. Unlimited Night & Weekend Minutes Unlimited Push -to -Talk SOFL Plan Domestic Conventional and Smartphone Devices Overage Rate Domestic Voice Roaming Number Anytime Minutes Monthly Access Charge (Outside Florida) 6.1a 250 $20.60 $0.041 $0.103 6.4a 600 $30.90 $0.041 $0.103 Data Sent or Received $1.99 per MB or per Data Package Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT service requires PTT enabled device and coverageNo Domestic Long Distance Charges Unlimited Push -to -Talk Custom State of Florida Unlimited Voice Calling Plan The calling plan below reflects the monthly access charge discount. No additional discounts apply. SOFL Plan Domestic Anytime Conventional and Smartphone Devices FloridaCustom State of 1' Plans The calling plans below reflect the monthly access charge discount. No additional discounts apply. Unlimited National Mobile to Mobile Calling Minutes Unlimited Night & Weekend Minutes No Domestic Roaming or Long Distance Charges Unlimited Push -to -Talk SOFL Plan Domestic Anytime Conventional and Smartphone Devices Voice Roaming Number Allowance Minutes* Monthly Access Charge Overage Rate (Canada and Mexico) 6.1a 250 $25.75 $0.052 $0.69 6.4a 600 $36.05 $0.052 $0.69 Data Sent or Received $1.99 per MB or per Data Package Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. *Overage Rate applies after allowance. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT service requires PTT enabled device and coverage. April 7, 2015 DMS -10/11-008C v.01 Page 5 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. 1 Overage Rate Domestic Voice Roaming Number Allowance Minutes* Monthly Access Charge (Outside Florida) 6.6a Unlimited $41.20 N/A $0.103 (includes PTT) Data Sent or Received $1.99 per MB or per Data Package Notes: Current coverage details can be found at www.verizonwireless.com. See att ached Plan and Feature Details for important information about calling plans, features and options. *Overage Rate applies after allowance. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT service requires PTT enabled device and coverage. = C ustom State of Florida Unlimited Nationwide Voice Calling Plan No Domestic Roaming or Long Distance Charges Unlimited Push -to -Talk The calling plans below reflect the monthly access charge discount. No additional discounts apply. SOFL Plan Domestic Anytime Conventional and Smartphone Devices Voice Roaming Number Allowance Minutes* Monthly Access Charge Overage Rate (Canada and Mexico) 6.6a Unlimited $51.50 N/A $0.69 (includes PTT) Data Sent or Received $1.99 per MB or per Data Package Notes: Current coverage details can be found at www.verizonwireless.com. See atCustom State of Florida All Inclusive Unlimited Nationwide Voice & Messaging Plan Conventional and Smartphone/BlacklBerry Devices Custom State of Florida All Inclusive Unlimited Nationwide Voice & Messaging Plan (Hotspot) Conventional and Smartphone/BlacklBerry Devices t April 7, 2015 DMS -10/11-008C v.01 Page 6 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. 1 discounts apply. The calling plans below reflect the monthly access charge discount. No additional Monthly Access SOFL Plan Nationwide Voice Domestic Tethering Unlimited Text, Charge Number Allowance Allowance Overate Rate Picture, Video Per Line ached Plan and Feature Details for important information about calling plans, features and options. *Overage Rate applies after allowance. 3G/4G Smartphones and 3G/4G Multimedia Phones require a data package. 4G service requires 4G equipment and 4G coverage. PTT service requires PTT enabled device and coverage. April 7, 2015 DMS -10/11-008C v.01 Page 6 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. 1 discounts apply. The calling plans below reflect the monthly access charge discount. No additional Monthly Access SOFL Plan Nationwide Voice Domestic Tethering Unlimited Text, Charge Number Allowance Allowance Overate Rate Picture, Video Per Line Messaging and Data 6.1d $51.00 Unlimited 5GB $10.30/GB Included Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $0.005 per KB (Mexico). 4G service requires 4G equipment and 4G coverage. April 7, 2015 DMS -10/11-008C v.01 Page 6 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. 1 The calling plans below reflect the monthly access charge discount. No additional discounts apply. Monthly Access Unlimited Text, SOFL Plan Nationwide Voice 4G Domestic Charge Overate Rate Picture, Video Number Allowance Hotspot/Tethering Per Line Messaging and Data 6.1d $51.00 Unlimited 5GB $10.30/GB Included Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $0.005 per KB (Mexico). 4G service requires 4G equipment and 4G coverage. [W�RELESS DATA Custom State of Florida Aircard Data Plans Data for modem devices only 1 The calling plans below reflect the monthly access charge discount. No additional discounts apply. SOFL Plan Monthly Access Charge Domestic Data Allowance Overage Rate Unlimited Text Number Per Line Messaging 6.1 b $20.60 500MB 6.2b $25.75 1,OOOMB $0.00849per MB Included 6.3b $30.90 2,OOOMB 6.4b $36.05 Unlimited N/A Notes: Current coverage details can be found at www.verizonwireless.com. See atCustom State of Florida Smartphone Data Feature Packages Data for Smartphone devices only Custom State of Florida Smartphone Unlimited Data Feature Package Data for Smartphone devices only t State of Florida BlackBerry Data Feature Packages Data for BlacklBerry devices only The calling plans below reflect the monthly access charge discount. No additional discounts apply. The calling plans below reflect the monthly access charge discount. No additional discounts apply. 6.10b $15.45 500MB $20.60 1,OOOMB $0.00849per MB $23.69 2,OOOMB Included* SOFL Plan Monthly Access Charge Domestic Data Allowance Overage Rate Unlimited Text and Number Per Line MMS messaging 6.6b $15.45 500MB ached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $0.005 per KB (Mexico). 4G service requires 4G equipment and 4G coverage. State of Florida BlackBerry Data Feature Packages Data for BlacklBerry devices only The calling plans below reflect the monthly access charge discount. No additional discounts apply. The calling plans below reflect the monthly access charge discount. No additional discounts apply. 6.10b $15.45 500MB $20.60 1,OOOMB $0.00849per MB $23.69 2,OOOMB Included* SOFL Plan Monthly Access Charge Domestic Data Allowance Overage Rate Unlimited Text and Number Per Line MMS messaging 6.6b $15.45 500MB $0.00849 per MB Included* 6.7b calling plans, features and options. Overage Rate applies after allowance. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $20.60 1,OOOMB Exhibit 6B Voice Services Plans $23.69 2,OOOMB Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $0.005 per KB (Mexico). 4G service requires 4G equipment and 4G coverage. *Not included with the State of Florida Nationwide Custom Pooled Voice Services Plans. State of Florida BlackBerry Data Feature Packages Data for BlacklBerry devices only The calling plans below reflect the monthly access charge discount. No additional discounts apply. The calling plan below reflects the monthly access charge discount. No additional discounts apply. 6.10b $15.45 500MB $20.60 1,OOOMB $0.00849per MB $23.69 2,OOOMB Included* SOFL Plan Monthly Access Charge Domestic Data Allowance Overage Rate Unlimited Text and MMS Number Per Line messaging and tethering 6.8b $32.96 Unlimited N/A Included* tached Plan and Feature Details for important information about Notes: Current coverage details can be found at www.verizonwireless.com. See atCustom calling plans, features and options. Overage Rate applies after allowance. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $0.005 per KB (Mexico). 4G service requires 4G equipment and 4G coverage. *Not included with the State of Florida Nationwide Custom Pooled Voice Services Plans April 7, 2015 DMS -10/11-008C v.01 Page 7 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your Verizon Sales 2015. local Government representative for additional information. Copyright The calling plans below reflect the monthly access charge discount. No additional discounts apply. SOFL Plan Monthly Access Charge Domestic Data Allowance Overage Rate Unlimited Text and Number Per Line MMS Messaging 6.10b $15.45 500MB $20.60 1,OOOMB $0.00849per MB $23.69 2,OOOMB Included* 6.11b Exhibit 6B Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $0.005 per KB (Mexico). 4G service requires 4G equipment and 4G coverage. *Not included with the State of Florida Nationwide Custom Pooled Voice Services Plans FloridaCustom State of Florida BlackBerry Unlimited Data Feature Package Data for BlacklBerry devices only Custom State of .1 '.1 Data The calling plans below reflect the monthly access charge discount. No additional discounts apply. Data for Tablet/iPad devices only SOFL Plan Monthly Access Charge Domestic Data Allowance Overage Rate Number Per Line 6.13b $20.60 500MB 6.14b $25.75 1,000MB $0.00849 per MB 6.15b $30.90 2,000MB Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $0.005 per KB (Mexico). 4G service requires 4G equipment and 4G coverage. Custom State of Florida Tablet/Pad Unlimited Data Plans April 7, 2015 DMS -10/11-008C v.01 Page 8 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. 1 The calling plan below reflects the monthly access charge discount. No additional discounts apply. SOFL Plan Monthly Access Charge Unlimited Text and Number Per Line Domestic Data Allowance Overage Rate MMS messaging and tethering 6.12b $32.96 Unlimited N/A Included* Notes: Current coverage details can be found at www.verizonwireless.com. See atData for Tablet/iPad devices only t The calling plan below reflects the monthly access charge discount. No additional discounts apply. SOFL Plan Monthly Access Charge Domestic Data Allowance Overage Rate Number Per Line 6.16b $36.05 Unlimited N/A Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $0.005 per KB (Mexico). 4G service requires 4G equipment and 4G coverage. ached Plan and Feature Details for important information about calling plans, features and options. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $0.005 per KB (Mexico). 4G service requires 4G equipment and 4G coverage. *Not included with the State of Florida Nationwide Custom Pooled Voice Services Plans FloridaCustom State of Florida BlackBerry Unlimited Data Feature Package Data for BlacklBerry devices only Custom State of .1 '.1 Data The calling plans below reflect the monthly access charge discount. No additional discounts apply. Data for Tablet/iPad devices only SOFL Plan Monthly Access Charge Domestic Data Allowance Overage Rate Number Per Line 6.13b $20.60 500MB 6.14b $25.75 1,000MB $0.00849 per MB 6.15b $30.90 2,000MB Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $0.005 per KB (Mexico). 4G service requires 4G equipment and 4G coverage. Custom State of Florida Tablet/Pad Unlimited Data Plans April 7, 2015 DMS -10/11-008C v.01 Page 8 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. 1 The calling plan below reflects the monthly access charge discount. No additional discounts apply. SOFL Plan Monthly Access Charge Unlimited Text and Number Per Line Domestic Data Allowance Overage Rate MMS messaging and tethering 6.12b $32.96 Unlimited N/A Included* Notes: Current coverage details can be found at www.verizonwireless.com. See atData for Tablet/iPad devices only t The calling plan below reflects the monthly access charge discount. No additional discounts apply. SOFL Plan Monthly Access Charge Domestic Data Allowance Overage Rate Number Per Line 6.16b $36.05 Unlimited N/A Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $0.005 per KB (Mexico). 4G service requires 4G equipment and 4G coverage. Public Sector Mobile Broadband Share Plans: Government Subscribers Only The calling plans below reflect the monthly access charge discount. No additional discounts apply. Public•r Mobile Broadband •.• 1 Gigabytes 20 Gigabytes Monthly Access Charge $34.99 (90237) $59.99 (90240) $99.99 (90241) Shared Domestic Data Allowance 5GB 10GB 20GB Overage Per Gigabyte $8.00 Per Gigabyte NationalAccess Roaming $0.002 per Kilobyte Note: This plan is available for domestic data only devices, on the Verizon Wireless network only. Data Sharing: At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. Current NationalAccess and Mobile Broadband coverage details can be found at www.verizonwireless.com. New activations on these service plans require 4G LTE devices. Existing customers transitioning to one of these service plans are able to utilize existing 3G devices. The 5GB, 10GB, and 20GB Public Sector Mobile Broadband Plans are able to share with each other. FloridaCustom State of Mobile Broadband Feature The calling feature below reflects the monthly access charge discount. No additional discounts apply. With a Mobile Broadband Connect capable Smartphone/BlackBerry devices only SOFL Plan Monthly Access Charge Domestic Data Allowance Per Minute Rate and Long distance Number Per Line 6.1f $10.00 Unlimited Per the Voice Plan Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about plans, features and options. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $0.005 per KB (Mexico). 4G service requires 4G equipment and 4G coverage. Mobile Broadband Connect is currently available on select voice and data devices, and provides Mobile Broadband/NationalAccess service utilizing the device as a modem. A mobile office kit, VZAccess Manager Software, a cable for tethering and/ or a software update may be required. Bluetooth° is not supported with Mobile Broadband Connect. Feature may only be added onto an eligible plan coupled with a Custom State of Florida Smartphone or BlackBerry Data Feature Package (SOFL Plans 6.6b, 6.7b, 6.10b, 6.11b and Exhibit 6B). Per Minute Rate applies to voice calls, IS -95 and other non-NationalAccess data usage in the United States. For optional features, the underlying calling plan determines the rates for voice airtime, and domestic long distance.Data for PDA/BlackBerry devices onlyCustom State of Florida Nationwide Wireless PDA/BlackBerry Data Plan with MHSData for PDA/BlackBerry devices only Custom State of Florida Nationwide Wireless PDA/BlackBerry Data Plan April 7, 2015 DMS -10/11-008C v.01 Page 9 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. 1 The calling plans below reflect the monthly access charge discount. No additional discounts The calling plans below reflect the monthly access charge discount. No additional discounts apply. Domestic Data Allowance with Unlimited Mobile to Mobile, Monthly Access Charge Per Line Unlimited Mobile to Mobile, Monthly Access Charge Per Line Domestic Data Allowance Nationwide Calling Rate Nights and Weekends, Text, Picture and Video Messaging $35.99 Picture and Video Messaging $36.05 Unlimited $0.052 per minute Included Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $0.005 per KB (Mexico). 4G service requires 4G equipment and 4G coverage. The calling plans below reflect the monthly access charge discount. No additional discounts apply. Domestic Data Allowance with Unlimited Mobile to Mobile, Monthly Access Charge Per Line Mobile Hot Spot (MHS) Nationwide Calling Rate Nights and Weekends, Text, Picture and Video Messaging $35.99 Unlimited $0.052 per minute Included Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $0.005 per KB (Mexico). 4G service requires 4G equipment and 4G coverage. Custom State of Florida Telemetry (Machine to Machine "M2M") Data Plans The calling plans below reflect the monthly access charge discount. No additional discounts apply. Data for Telemetry (M2M) devices only SOFL Plan Monthly Access Share Tier Domestic Data Allowance Overage Rate Share Minutes Rate Number Charge Per Line 6.17b $5.00 1 1 MB $2.50 per MB Included Tier 1 6.21b $7.00 1 5MB 6.23b $15.00 1 100MB 6.24b $20.00 1 2 1 500MB $10.00 per line Tier 2 Notes: Machine to Machine coverage included the Verizon Wireless 4G, 3G and 3G Extended networks. Current coverage details can be found at www.verizonwireless.com. Overage Rate applies after allowance. NationalAccess Roaming will be charged at $0.002 per KB (Canada) and $0.005 per KB (Mexico). 4G service requires 4G equipment and 4G coverage. Customer must maintain a minimum of 5 lines on the Machine to Machine plans in order to share data. Sharing among M2M lines is available only among lines active on plans in the same sharing tier. Each sharing Line's unused KBs will pass to other sharing Lines that have exceeded their data allowance, during the same monthly bill cycle. Unused KBs will be distributed proportionally as a ratio of the KBs needed by each applicable M2M Line to the total KBs needed by all sharing M2M Lines. Monthly Access $10.00 This Plan is NOT eliaible for Monthly Access Fee Discounts. Data Allowance Overage Rate 25 MB $10.00 per GB Note: This plan is restricted to Verizon Wireless network use only; domestic and international roaming not available. Current data coverage details can be found at www.verizonwireless.com. 4G service requires 4G equipment and 4G coverage. Customer must maintain a minimum of five (5) active M2M Lines to be eligible for this plan. Customer must provide its own Equipment, approved for use on the Verizon Wireless network, when activating service on this plan. Not all wireless routers can be provisioned on this plan. This plan is approved for use as a backup solution for business continuity only and may not be used for primary connectivity. Verizon Wireless reserves the right to migrate lines on this plan to the standard 5 GB M2M Plan if usage on a line provisioned on this plan exceeds one GB for three consecutive bill cycles. ............................................................................................................................................................................................................................................................................................ Public/r Mobile Broadband /Plans: Government1 1' The calling plans below reflect the monthly access charge discount. No additional discounts apply. Public•r Mobile Broadband •.• 1 Gigabytes 20 Gigabytes Monthly Access Charge $34.99 (90231) $59.99 (90234) $99.99 (90235) Shared Domestic Data Allowance 5GB 10GB 20GB Overage Per Gigabyte $8.00 Per Gigabyte NationalAccess Roaming $0.002 per Kilobyte Note: This plan is available for domestic data only devices, on the Verizon Wireless network only. Data Sharing: At the end of each bill cycle, any unused data allowances for lines sharing on the same account will be applied to the overages of the other lines on the same account beginning with the line with the lowest overage need. Plan changes may not take effect until the billing cycle following the change request. Current NationalAccess and Mobile Broadband coverage details can be found at www.verizonwireless.com. New activations on these service plans require 4G LTE devices. Netbook, Smartphone, and Tablet devices are not eligible for Mobile Broadband M2M pricing. Existing customers transitioning to one of these service plans are able to utilize existing 3G devices. The 5GB, 10GB, and 20GB Public Sector Mobile Broadband Machine to Machine Plans are able to share with each other. April 7, 2015 DMS -10/11-008C v.01 Page 10 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. GLOBAL SERMES Global Email Data Plan and Feature. April 7, 2015 DMS -10/11-008C v.01 Page 11 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. 1 The calling plans below reflect the monthly access charge discount. No additional discounts apply. As a feature added to an As a Stand -Alone Data Plan Pay as you Go eligible Calling Plants Monthly Access Charge $59.99 $64.99 n/a Monthly Data Allowance United States n/a Canada $0.002 per KB or $2.05 per MB Mexico Unlimited for e-mail $0.005 per KB or $5.12 per MB Rest of the World $0.02 per KB or $20.48 per MB Voice Usage Domestic Voicettt Per the voice calling plan 25¢ per minute for calls within Per the voice calling plan Nationwide Rate and Coverage Area International Voice Global Phone, and CDMA roaming rates for calls made while traveling internationally Notes: Current coverage details can be found at www.verizonwireless.com. See atGlobalAccess Data Plan Global PC Card t The calling plans below reflect the monthly access charge discount. No additional discounts apply. As a Stand -Alone Calling Plan Pay -Per -Use Plan Monthly Access Charge $119.59 $ 202.39 n/a Monthly Data Allowance and Overage United States Must subscribe to a domestic 5 GB (5,120MB) ($0.05/ MB after allowance) 5 GB (5,120MB) ($0.05/ MB after allowance) Mobile Broadband Plan. Canada 0 MB - $0.002 per KB or $2.05 per MB 100 MB* 200 MB* 0 MB - $0.005 per KB or $5.12 Mexico and Select Destinations ($0.005/KB or $5.12/MB after ached Calling Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. tRequires Nationwide Email Plan. No Line Term extension required. ttOptional Features may be added onto an eligible calling plan with a monthly access fee of $20.00 or higher. tttPer Minute Rate applies to voice calls, IS -95 and other non-NationalAccess data usage in the United States. For optional features, the underlying calling plan determines the rates for voice airtime, and domestic long distance. A data plan or feature is always required to use a BlackBerry device. These plans are not eligible for discounts on month to month activations. The calling plans below reflect the monthly access charge discount. No additional discounts apply. As a Stand -Alone Calling Plan Pay -Per -Use Plan Monthly Access Charge $119.59 $ 202.39 n/a Monthly Data Allowance and Overage United States Must subscribe to a domestic 5 GB (5,120MB) ($0.05/ MB after allowance) 5 GB (5,120MB) ($0.05/ MB after allowance) Mobile Broadband Plan. Canada 0 MB - $0.002 per KB or $2.05 per MB 100 MB* 200 MB* 0 MB - $0.005 per KB or $5.12 Mexico and Select Destinations ($0.005/KB or $5.12/MB after ($0.005/KB or $5.12/MB after per MB allowance) allowance) Rest of the World OMB OMB 0 MB - $0.02/KB or $20.48 per ($0.02/KB or $20.48/MB) ($0.02/KB or $20.48/MB) MB Notes: Current coverage details can be found at www.verizonwireless.com. See attached Calling Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. *Includes Mobile Broadband plan. Total allowance for all applicable destinations. These plans are not eligible for discounts on month to month activations. GlobalAccess Connect Feature April 7, 2015 DMS -10/11-008C v.01 Page 12 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. 1 The calling plans below reflect the monthly access charge discount. No additional discounts apply. GlobalAccess Connect Feature Monthly Access Charge $59.80 $142.60 [International Data Allowance 100 MB (in select countries) 200 MB (in select countries) Overage (Select Countries) $0.005/KB (or $5.12/MB) Overage (Rest of the World) $0.02/KB (or $20.48/MB) United States and Canada Data Allowance 5GB 5GB Overage (U.S., U.S. Virgin Islands, Puerto Rico) $0.05/MB Overage (Canada) $0.002/KB Global Data Roaming Rate -Canada $0.002/KB (or $2.05MB) Global Data Roaming Rate —Mexico $0.005/KB (or $5.12MB) Global Data Roaming Rate —Other Available Countries* $0.02/KB (or $20.48/MB) Notes: Current coverage details can be found at www.verizonwireless.com. See atGlobal Data Feature t The calling plans below reflect the monthly access charge discount. No additional discounts apply. Monthly Access Charge Data Allowance Overage Rate per MB Overage Rate per KB (Global Data Plan Countries) (non -Global Data Plan Countries) $23.00 100 MB $25.00 per each additional 100 MB used ached Calling Plan and Feature Details for important information about calling plans, features and options. Overage Rate applies after allowance. A GlobalAccess Connect —capable handset is required. GlobalAccess Connect activation for all customers requires subscription to either the Nationwide Voice and GlobalEmail Plan, or the Nationwide Voice and GlobalEmail Feature. A VZAccess Manager Software or a software update may be required. *Current rates, equipment and software information can be found at www.verizonwireless.com/goglobal. The calling plans below reflect the monthly access charge discount. No additional discounts apply. Monthly Access Charge Data Allowance Overage Rate per MB Overage Rate per KB (Global Data Plan Countries) (non -Global Data Plan Countries) $23.00 100 MB $25.00 per each additional 100 MB used $0.02 per KB ($20.48/MB) Notes: Current coverage details and list of Global Data Plan countries can be found at www.verizonwireless.com/global. See Plan and Feature Details Optional Features section for important information about calling plans, features and options. Applies to all global -capable phones and Internet devices.. Customer must subscribe to a domestic Mobile Hotspot plan to use the service globally The majority of your monthly usage must be in the United.States. All data usage, including tethering and hotspot, deducts from the same data allowance. Overage Rate applies after allowance. ADDITIONAL WIRELESS FEATURES Custom State of Florida SMS/MMS Messaging Features The calling features below reflect the monthly access charge discount. No additional discounts apply. Text, Picture or Video Messaging for Conventional (Basic) and Smartphone devices only SOFL Plan Monthly Access Domestic Message Allowance Overage Rate Number Charge Per Line 6.1c $2.00 300 messages 6.2c $3.00 500 messages $0.05 per message 6.3c $7.00 Unlimited N/A Text Messaging: Text Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced Text Messages sent to most SMS handsets will be delivered as multiple Text messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. Overage Rate applies after allowance. Text Messaging plans do not include Operator Assisted Messaging or International Messaging, which is available for 25¢ per message sent and 20¢ per message received; see www.vtext.com for details and countries. Multi-Media Messaging (MMS): Multi-Media Messaging (MMS) includes picture and video messaging and is only available within the National Enhanced Services Rate and Coverage Area. In addition, MMS messages are $0.25 per message, per address. In addition to the MMS per message charges, MMS uses calling plan Anytime Minutes or kilobytes. FloridaCustom State of Field Force ManagerFeatures The calling plans below reflect the monthly access charge discount. No additional discounts apply. Conventional (Basic) Phone or •. Limited Basic Pro* Monthly Access Charge $9.99 per user $20.00 per user $25.00 per user Notes: Current coverage details can be found at www.verizonwireless.com. See attached Plan and Feature Details for important information about calling plans, features and options. Field Force Manager ("FFM") Features may only be added onto a Custom State of Florida calling plan with a monthly access fee of $20.00 or higher. Data plan required. Requires a minimum 500 MB Data Package for Smartphones. FFM is available on select devices only. *FFM Pro is not available on all devices. If the Block Voice Feature is removed, a per minute rate of $0.25 shall apply for all voice calls. Downloading the FFM application requires approximately 2 MB (megabytes) of data. April 7, 2015 DMS-10/11-008C v.01 Page 13 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS-10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. 1 WRIELESS EQUIPMENT Equipment Pricing (NEW) SOFL Device Category Description Device Tier Conventional One (1) voice device at no charge per 20 months/ per line. and/or One (1) PTT device at no charge per 20 months/ per line. All Tiers Push -to -Talk ("PTT") Make and model at Verizon Wireless sole discretion, subject to availability. All Categories (includes SOFL Approved Smartphone) Government Equipment Matrix devices. Verizon Wireless Government 10K 2yr matrix pricing only. Notes: Verizon Wireless reserves the right to add or discontinue models. Equipment is subject to availability. Verizon Wireless' Government Equipment Matrix is updated at a minimum quarterly based upon equipment availability, changes in technology, and market conditions. Not eligible for any other promotional pricing offers. Equipment becomes eligible for upgrade after 20 months in service. Customer Premise Equipment Device Category Description Discount Indoor Cellular Signal Amplifier Currently Network Extender 25% off retail* Wireless Cellular Router Device Portfolio (TBD) 25% off retail* Make and model at Verizon Wireless sole discretion, One (1) 4GLTE modem device at no charge Wireless 4G LTE Modem Device subject to availability. Not available on per megabyte per line per 20 month period. plans. Excludes tablets and net books. Notes: Verizon Wireless reserves the right to add or discontinue models. Equipment is subject to availability. Verizon Wireless' Government Equipment Matrix is updated at a minimum quarterly based upon equipment availability, changes in technology, and market conditions. Not eligible for any other promotional pricing offers. Equipment purchased through Verizon Wireless becomes eligible for upgrade after 20 months in service. *25% discount applies to the non -discounted, full retail price only of qualifying equipment. April 7, 2015 Government Subscribers are eligible to receive a 25% discount from the non -discounted, retail price of qualifying accessories DMS -10/11-008C v.01 Page 14 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. Verizon Wireless Calling Plan Optional Services. Additional fees may be required as per the individual calling plans. Calling Plans and Associated Charges: Some calling plans or monthly access price points may not be available in all markets. Subscriber's first partial and full month's access will not be refunded after activation of the Wireless Service. Activation fees are waived for all Government Subscribers. Charges for calls will be based on the cell sites used, which may be outside the calling plan coverage area even when the Subscriber is physically within the coverage area. Time of the call is based on the telephone switching office that carries the call, which may be different from the time of day shown on Subscriber's phone. Rates do not apply to credit card or operator -assisted calls, which may be required in certain areas. Usage rounded up to the next full minute. Unused minutes and/or Megabytes are lost. On outgoing calls, charges start when Subscriber first presses SEND or the call connects to a network, and on incoming calls, when the call connects to a network (which may be before it rings). A call may end several seconds after Subscriber presses END or the call otherwise disconnects. Calls made on the Verizon Wireless network, are only billed if they connect (which includes calls answered by machines). Billing for airtime and related charges may sometimes be delayed. Calls to "911" and certain other emergency services are toll-free and airtime -free, however, airtime may be charged when dialing toll-free numbers. All features may not be available in all Verizon Wireless markets. Home Airtime and Roaming: Home airtime minutes apply when making or receiving calls from a calling plan's home rate and coverage area. Coverage information is available at www.verizonwireless.com. Airtime is rounded up to the next full minute. Allowance minutes/Megabytes are not transferable except as may be available on calling plans with sharing. Subscribers must periodically dial *228 to update roaming information. Automatic roaming may not be available in all areas and rates may vary. Roaming charges may be delayed to a later bill. Long Distance: Unlimited domestic long distance is included when calling from the calling plan's home rate and coverage area, unless otherwise specified in the calling plan. Customer's Cell Phone Number and Caller ID. Verizon Wireless will assign one Mobile Telephone Number ("MTN") to each Subscriber line. Other than as required to port an MTN, Customer does not have any property right in the MTN and Verizon Wireless may change, reassign, or eliminate an MTN upon reasonable notice to Customer under certain circumstances, including fraud prevention, area code changes and regulatory or statutory law enforcement requirements. Wireless IncludedVerizon Calling Plan Features Call Waiting 1,6 Three Way Calling 1,6 Call Forwarding 6 No Answer/ Busy Transfer 6 Caller I D 2,6 Basic Voice Mail 3,6 411 Connectsm 4,6 (Directory Assistance) Basic TTXT Messaging 5 'Airtime charges apply to all calls simultaneously. 2When making a call, Subscriber's MTN may be displayed to the receiving party with Caller ID capable Equipment. Caller ID service may not be available outside home airtime rate and coverage areas, and may not be compatible with certain enhanced features. Caller ID can be blocked for most calls by dialing *67 before each call, or by ordering per -line call blocking where available. Calls to some numbers, such as toll-free numbers, cannot be blocked. 3Airtime charges apply to message retrieval. 4411 Connect, directory assistance with automatic call completion is subject to a per call fee plus airtime charges. Directory assistance rates are subject to change. 5TXT Messaging offered at the prevailing rate, currently $0.02 per inbound and $0.10 per outbound message per address. TXT message charges are subject to change. 6Feature not included on NationalAccess and BroadbandAccess Unlimited or Megabyte (MB) calling plans at no charge, but are available at the prevailing Verizon Wireless rates. Push to Talk: Push to Talk capable Equipment required. Push to Talk capable Equipment can only be used with a Push to Talk calling plan. Subscribers switching from a Push to Talk Calling Plan to another calling plan will not be able to use Push to Talk capable Equipment with the new plan. Push to Talk calls may only be made with other Verizon Wireless Push to Talk subscribers. Push to Talk Subscribers may initiate or participate on a call, simultaneously, with as many as 20 total participants (19 members per group plus the originator). Push to Talk groups must be established via the Push to Talk website prior to initiating a group call. Subscribers may establish as many as 50 group lists of up to 20 participants (19 members per group plus the originator). Existing Push to Talk Subscriber Equipment may require a software upgrade. Push to Talk is only available within the National Enhanced Services Rate and Coverage Area. There will be a delay from the time a Push to Talk call is initiated until the Push to Talk call is first received by the called party. A Push to Talk call will automatically time out after twenty (20) seconds of inactivity. While on a Push to Talk call, incoming voice calls will go directly to voice mail. When on a voice call, a Push to Talk call cannot be received. Network registration information will be sent to the Equipment each time it is powered on in the National Enhanced Services Rate and Coverage Area, each time the Subscriber travels into the National Enhanced Services Rate and Coverage Area, and every 12 hours if the Subscriber stays within the National Enhanced Services Rate and Coverage Area. While the updated network registration information is being sent to the Equipment, incoming voice calls will go directly to voice mail. Contact list cannot be modified from certain Equipment. Subscriber cannot prevent others who have the Subscriber's MTN from entering the MTN into their Push to Talk contact list. Only one person can speak at a time during a Push to Talk call. Push to April 7, 2015 DMS -10/11-008C v.01 Page 15 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. Talk services cannot be used for (i) access to the Internet, intranets or other data networks, except as the device's native applications & capabilities permit, (ii) any applications that tether Equipment to laptops, personal computers or other devices for any purpose. Please visit our website www.verizonwireless.com for additional Push to Talk information. Mobile to Mobile: Mobile to Mobile minutes apply when making calls directly to or receiving calls directly from another Verizon Wireless Subscriber while in the America's Choice Home Rate and Coverage area. Mobile to Mobile does not apply to fixed wireless devices with usage substantially from a single cell site, for Push to Talk calls, if Call Forwarding or No Answer/Busy Transfer features are activated, or to data usage. Mobile to Mobile is not available to Subscribers whose current wireless exchanges restrict the delivery of Caller ID. Mobile to Mobile minutes will be applied before home airtime minutes.* Night and Weekends: Applies to calls made in a calling plan's home rate and coverage area only during the following hours: 9:01 pm Friday through 5:59am Monday and 9:01 pm to 5:59am Monday through Friday.* *NOTE: If both Night and Weekend and Mobile to Mobile minute allowances apply to a given call, Mobile to Mobile minutes will apply before Night and Weekend minutes. However, if either allowance is unlimited, the unlimited allowance will always apply first. TXT Messaging: TXT Messaging includes Short Message Service (SMS up to 160 characters) and Enhanced Messaging Service (EMS up to 1120 characters). Enhanced TXT Messages sent to most SMS handsets will be delivered as multiple TXT messages of up to 160 characters each. Subscribers have the option to have text messages disabled entirely without affecting voicemail or other related services. TXT Messaging plans do not include Operator Assisted Messaging or International Messaging, which is available for 25¢ per message sent and 10¢ per message received; see www.vtext.com for details and countries. Verizon Wireless is not responsible for information sent using TXT Messaging or Enhanced TXT Messaging. Verizon Wireless cannot guarantee that messages will be received and is not responsible for messages that are lost or misdirected. Messages not delivered after 5 days are automatically deleted. Airtime charges do not apply to the sending or receiving of text messages. When sending messages from Equipment, the sender's MTN will always be sent to the destination, even if Caller ID is used to block voice calls. Mobile to Mobile Messaging: Cannot be combined with any other package that includes a TXT or PIX&FLIX allowance. Mobile to Mobile Messaging applies only to TXT/ PIX/ FLIX messages sent to and received from other Verizon Wireless Subscribers' phones, while both wireless Subscribers are within the National Enhanced Services Rate and Coverage Area. Additional messages apply to PIX Place, VTEXT/ TXT Alerts/ getAlerts, Instant Messaging (IM), Email, Premium Text Services, TXT/PIX/FLIX sent to non -Verizon Wireless customers, these messages will be decremented from the Subscriber's Additional Message allowance, or billed as overage. Additional Messages may not be applied toward International TXT Messaging, which cost 25¢ per message sent and 10¢ per message received; see www.vtext.com for details and countries. Multi -Media Messaging (MMS): Multi -Media Messaging (MMS) includes Picture (PIX) and Video (FLIX) messaging and is only available within the National Enhanced Services Rate and Coverage Area. In addition to MMS charges, MMS uses calling plan home airtime minutes or kilobytes. Canceling an MMS after pressing SEND may result in sent messages that contain only partial content. Subscriber will be charged for outgoing MMS, even if not received by the intended recipient, or even if only partial content is delivered. Subscriber will not be charged for incoming MMS unless received. MMS that cannot be delivered within 5 days will be deleted. MMS is not available for use with a Mobile Office Kit. Camera phones are prohibited in some places. Subscribers are solely responsible for complying with all applicable laws, rules, regulations and policies regarding camera phone use. V Cast VPak: Subscription to V Cast VPak and V Cast capable Equipment required. Subscriber may download or stream video clips in the BroadbandAccess service area and download 3D games in the NationalAccess and BroadbandAccess service areas. Not all video clips are available for download. The V Cast VPak includes unlimited basic video clips, monthly access to Mobile Web 2.0, and unlimited airtime for Get It Now. Premium video clips are available for an extra charge. V Cast Alerts are sent as TXT Messages and are subject to TXT Messaging pricing and feature details. V Cast cannot be used for (i) access to the Internet, intranet or other data networks or; (ii) any applications that tether Equipment to laptops, personal computers, or other devices for any purpose. Get It Now and Mobile Web 2.0 feature details apply and can be found at www.verizonwireless.com Mobile Web: Airtime charges apply when using Mobile Web. Mobile Web Alerts are sent as TXT Messages and are subject to TXT Messaging pricing, plan details . Complete feature details for Mobile Web may be found at www.verizonwireless.com International Long Distance: International Long Distance is available but may be subject to a 90 -day payment history with Verizon Wireless. International long distance rates will vary and do not apply to calls to Canada, Puerto Rico, the U.S. Virgin Islands and some U.S. Protectorates, or to credit card or operator assisted calls. Verizon Wireless International Long Distance Value Plan: Requires subscription to a qualifying calling plan and international dialing capability (I - DIAL). The ability to make international calls is not guaranteed and may be restricted without notice. Rates apply only on calls to Value Plan countries made from calling plan home airtime rate and coverage areas. If a calling plan includes calls to any Value Plan country, those calls will be billed per the requirements of the calling plan except when roaming on another carrier's network, in which case that carrier's rates will apply. Current international calling rates may be found at www.verizonwireless.com. International Roaming (Global Phone): Availability of calling features and TXT messaging varies by country and network. Existing Subscribers who purchase a Global Phone may have to set up a new voice mailbox and, if so, will lose access to previously stored messages upon activation of Global Phone. Voice mail messages will be time -stamped Eastern Time. Calls to voice mail will appear on the bill as calls to the Subscriber's MTN. Actual availability of service in foreign countries may vary and is subject to change. Taxes and other regulatory surcharges may apply and may vary by country. While roaming on another carrier's wireless network, dialing rates and country availability may vary due to the roaming carrier's international dialing policies. Billing for airtime used when roaming may be delayed up to two billing cycles. By using Equipment outside the United States, Subscriber is solely responsible for complying with all applicable foreign laws, rules and regulations ("Foreign Laws"), including Foreign Laws regarding use of wireless phones while driving and use of wireless camera phones. Verizon Wireless is not liable for any damages that result from Subscriber's failure to comply with Foreign Laws. April 7, 2015 DMS -10/11-008C v.01 Page 16 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. Roaming in CDMA countries outside of the US: Roaming in CDMA countries is $0.69 per minute and only in "CDMA"mode where service is available. An update to Equipment software is required to roam in S. Korea. Roaming in GSM countries: CDMA/GSM Global Phone, activated in the United States with compatible Subscriber Identity Module (SIM) card required. Ratesand plan details apply only when roaming on participating GSM networks in published Global Phone countries. Service may be available in additional countries, but airtime rates, availability of calling features, and ability to receive incoming calls (including return calls from emergency services personnel) may be restricted. Where TXT messaging is available, Customer will be charged $0.50 for each message sent and $0.05 for each message received. TXT messaging rates are subject to change. TXT messages cannot exceed 140 characters and may be sent only to MTNs of (i) Verizon Wireless customers, and (ii) customers of foreign wireless carriers that participate in international text messaging. Check www.vtext.com for the most current list of participating foreign carriers. TXT messages cannot be sent to e-mail addresses. VZAccess and VZEmail Calling Plans and Features: VZAccess includes NationalAccess (IXRTT) and BroadbandAccess (EVDO/4G) calling plans. VZEmail includes PDA/Smartphone and BlackBerry calling plans. VZAccess and VZEmail usage is subject to VZAccess Acceptable Use Policy, available on www.verizonwireless.com. VZEmail optional features may only be purchased in conjunction with eligible voice calling plan with a monthly access fee of $34.99 or higher. Monthly Megabyte allowances apply only to NationalAccess and BroadbandAccess data transmissions. Other data (Quick 2 NetsM or dial-up) transmissions as well as voice calls will be billed at the per minute overage rate according to the VZAccess calling plan. For optional data features, "other data" will be billed as anytime minutes or at the per minute overage rate according to the underlying calling plan. When traveling outside the National Enhanced Services Rate and Coverage Area, Subscribers may be charged at the "other data" rate for data usage. NationalAccess data sessions require a NationalAccess capable PC Card, PDA, BlackBerry or handset with its compatible Mobile Office Kit, and must be placed within NationalAccess service area. BroadbandAccess data sessions require BroadbandAccess capable Equipment and must be placed within BroadbandAccess service area. PDA/Smartphone and BlackBerry users that move from a VZEmail plan or feature, or a Voice and Data Choice Bundle to another calling plan will not be able to use their PDA/Smartphone or BlackBerry on the new calling plan and will need to purchase or provide compatible voice Equipment to switch to the new calling plan. For current NationalAccess and BroadbandAccess service areas, please visit www.verizonwireless.com. All data sessions automatically terminate after 24 hours of activity and on unlimited calling plans after 2 hours if inactivity. Data session is inactive when no data is being transferred. Data session may seem inactive while data is actively being transferred to Equipment, or may seem active when it is actually cached and not transferring data. Subscriber MUST press or click END or DISCONNECT button to ensure that session disconnects and charges cease. Third -party applications may automatically reinitiate data sessions without the Subscriber pressing or clicking SEND or CONNECT button. Voice calls cannot be received when an e-mail or other data transmission is occurring. Voice calls are possible when NationalAccess data session is inactive; however, charges apply simultaneously to the data session and the voice call in accordance with the applicable calling plan. Voice calls are not available with BroadbandAccess. Customer must maintain virus protection when accessing the service. Customer is responsible for all charges, including all data sent and received and "overhead" whether or not Subscriber or recipients actually receive the data. "Overhead" is all data that is in addition to user -transmitted data, such as control, operational and routing instructions, error -checking characters and retransmissions of user -data messages that are received in error. VZEmail calling plans and optional features not available with PC cards or wireless modems, including wireless Equipment tethered to a PC. In order to use some VZEmail features and applications, Subscriber's PC (or server where applicable) must be powered on, able to receive e-mail, and have Equipment manufacturer software (BlackBerry Desktop, Wireless Sync or GoodLink) installed. If Equipment is turned off or if the Subscriber travels outside the NationalAccess service area, e-mail messages will be automatically stored for up to 7 days and forwarded when the Subscriber returns to the NationalAccess service area. Receiving e-mail attachments and graphics may be limited based on the Equipment model or software. With some Equipment, e-mails received may display only the first 2 kilobytes of information with additional 2 kilobyte increments delivered at the Subscriber's request. Unlimited Data Plans and Features (such as NationalAccess, BroadbandAccess, Push to Talk, and certain VZEmail services) may ONLY be used with wireless devices for the following purposes: (i) Internet browsing; (ii) email; and (iii) intranet access (including access to corporate intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation). The Unlimited Data Plans and Features MAY NOT be used for any other purpose. Examples of prohibited uses include, without limitation, the following: (i) continuous uploading, downloading or streaming of audio or video programming or games; (ii) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine—to—machine connections or peer—to—peer (P2P) file sharing; or (iii) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services and/or redirecting television signals for viewing on laptops is prohibited. For the Unlimited Broadband Access plans, should a customer exceed 5 GB of data usage within a given month, Verizon Wireless reserves the right to limit data throughput speeds for the remainder of that month. For individual use only and not for resale. We reserve the right to protect our network from harm, which may impact legitimate data flows. We reserve the right to limit throughput or amount of data transferred, and to deny or terminate service, without notice, to anyone we believe is using an Unlimited Data Plan or Feature in any manner prohibited above or whose usage adversely impacts our network or service levels. Anyone using more than 5 GB per line in a given month is presumed to be using the service in a manner prohibited above, and we reserve the right to immediately terminate the service of any such person without notice. We also reserve the right to terminate service upon notification to the customer. Unlimited VZAccess and VZEmail: NationalAccess, BroadbandAccess, and GlobalAccess data sessions may be used for the following purposes: (i) Internet browsing, (ii) e-mail, and (iii) intranet access (including access to corporate intranets, e-mail and individual productivity applications like customer relationship management, sales force and field service automation). Unlimited VZAccess, VZEmail and Push to Talk services cannot be April 7, 2015 DMS -10/11-008C v.01 Page 17 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. used (i) for uploading, downloading or streaming of movies, music or games, (ii) with server devices or with host computer applications, other than applications required for BlackBerry or Wireless Sync service, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, Voice over IP (VoIP), automated machine -to -machine connections, or peer-to-peer (P2P) file sharing, or (iii) as a substitute or backup for private lines or dedicated data connections. Additionally, Unlimited VZEmail services cannot be used for, (i) access to the Internet, intranets or other data networks, except as the Equipment's native applications and capabilities permit, or (ii) for any applications that tether Equipment to laptops or personal computers other than for use of the Wireless Sync or BlackBerry Solutions. Unlimited BroadbandAccess and NationalAccess data sessions automatically terminate after 2 hours of inactivity, unless Subscriber has Mobile IP (MIP) capable Equipment. VZEmail Megabyte (MB) Data Plans: Megabyte allowance and charges for kilobytes over the monthly allowance apply to NationalAccess and BroadbandAccess data sessions and are rounded to next full kilobyte at end of each billing cycle. Only total of kilobytes transmitted above allowance each billing cycle may appear on bill. VZEmail Server Software (Wireless Sync Enterprise Server, GoodLink Server & BlackBerry Enterprise Server (BES)): Verizon Wireless is not the licensor of the Wireless Sync Enterprise Server, GoodLink Server or BES Server and makes no representations or warranties whatsoever, either express or implied, with respect to such servers and associated software. The Wireless Sync Enterprise Server software is manufactured by Intellisync. The GoodLink Server is manufactured by, and sold separately by Good Technology. The BES software is manufactured by Research in Motion ("RIM"). Any license for such software must be obtained directly from the software manufacturer either upon purchase or installation of the software. Customer support for the Wireless Sync Enterprise Server, GoodLink, or BES software must be obtained from the software manufacturer. If Verizon Wireless in its sole discretion determines that a PDA or BlackBerry related inquiry from a Subscriber is related to the Wireless Sync Enterprise Server, GoodLink or BES software and not one concerning Equipment or desktop software, it may transfer the service request to appropriate representatives of the software manufacturer. When you use Microsoft's Exchange ActiveSync, Notify's NotifyLink, or Intellisync's Intellisync Mobile Suite, every time you receive an email or other update you may be charged for an incoming TXT Message. To avoid TXT Messaging charges, you can set up timed synchronization or manually initiate synchronization. NationalAccess Roaming Feature: Not for use with Mobile Office Kits. Dynamic IP addresses will be assigned when roaming. Usage rounded up to next full kilobyte. For information on where NationalAccess Roaming is available, see www.verizonwireless.com. GlobalAccess: Global PC Card required for international use. Global PC Cards will not work in the United States or Canada and GlobalAccess Subscribers will need a NationalAccess or BroadbandAccess PC card for domestic use. The domestic and Global PC Cards cannot be used at the same time. GlobalAccess Subscribers must activate and update their Preferred Roaming lists while in the National Enhanced Services Rate and Coverage Area every three months. Verizon Wireless reserves the right to terminate the service of any Subscriber whose total usage is less than half on the Verizon Wireless National Enhanced Services Rate and Coverage Area over three consecutive billing cycles. Verizon Wireless SIM Cards are for use only with the Global PC Card and only for the purpose of this service. Subscriber is responsible for any unauthorized use of its SIM Cards and must safeguard security codes. Upon termination of service, Subscriber must destroy SIM Card. By using your Global PC Card outside the United States, Subscriber is solely responsible for complying with all applicable Foreign Laws. Verizon Wireless will not be liable for any damages that result from Subscriber's failure to comply with Foreign Laws. GlobalEmail: GlobalEmail capable equipment required. Verizon Wireless reserves the right to terminate the GlobalEmail service of Subscribers that have less than half of their usage on the Verizon Wireless National Enhanced Services Rate and Coverage Area over three consecutive billing cycles. SIM Cards are for use with GlobalEmail Equipment, and only for the purpose of GlobalEmail service. Customer is responsible for any unauthorized use of SIM Cards, and must safeguard security codes. Upon termination of service, please destroy any applicable SIM Cards. Subscribers using GlobalEmail outside the United States, agree that they are solely responsible for complying with all applicable foreign laws, rules and regulations ("foreign laws"). Customer agrees that Verizon Wireless is not liable for any damages that result from Subscriber's failure to comply with foreign laws. GlobalEmail Subscribers must activate and update their Preferred Roaming lists while in the National Enhanced Services Rate and Coverage Area every three months. TXT messaging billed at standard domestic and international TXT Messaging rates. Existing Verizon Wireless Subscribers migrating to GlobalEmail plans may be required to extend their Line Term. Share Option: Sharing is available only among Government Subscribers on applicable calling plans choosing the Share Option. America's Choice for Business & Voice and Data Choice Bundles for Business Subscribers: (NOTE: Subscribers to America's Choice for Business and Voice and Data Choice Bundles for Business can share voice minutes across these plans and price points subject to some billing system limitations.). Sharing on these calling plans is for voice home airtime minutes only. Customer must maintain a minimum of five (5) Government Subscriber lines, all choosing a qualifying plan with Share Option. Sharing may only be available among Subscribers activating Wireless Service in the same Verizon Wireless market or group of markets (geographic regions may contain multiple Verizon Wireless markets). Sharing may require all Subscribers to be on the same billing account. Each sharing Subscriber's unused anytime minutes will pass to other sharing Subscribers that have exceeded their anytime minutes during the same monthly billing period (Mobile to Mobile minutes and Night and Weekend minutes do not share). Each sharing Subscriber's Monthly Home Airtime Allowance Minutes apply first to that line. Unused Monthly Home Airtime Minutes are then shared with other sharing Subscribers that have exceeded their Monthly Home Airtime Allowance in order of highest usage. At the termination of the Agreement, Government Subscriber lines on America's Choice for Business with Share Option may be migrated onto applicable retail consumer pricing or Government pricing. Calling plan changes may not take effect until the billing cycle following the change request. Based on the geographic location of Customer's Government Subscribers, some Customers may have to have sharing Subscribers activated in more than one Verizon Wireless billing system. Sharing among Subscribers in multiple Verizon Wireless billing systems requires online invoicing or reporting, and a minimum of one hundred (100) Government Subscribers all choosing the Share Option. Unused minutes for cross billing system sharing will April 7, 2015 DMS -10/11-008C v.01 Page 18 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. be distributed proportionally as a ratio of the minutes needed by each sharing Subscriber to the total minutes needed by all sharing Subscribers. Accounts that share across Verizon Wireless billing systems require set up that may take thirty (30) to sixty (60) days. A data session is inactive when no data is being transferred, and may seem inactive while data is actively being transferred to a device, or seem active when actually cached and not transferring data. Customer must maintain virus protection when accessing the service and is responsible for all data sent and received including "overhead" (data that is in addition to user -transmitted data, including control, operational and routing instructions, error -checking characters as well as retransmissions of user -data messages that are received in error) whether or not such data is actually received. Verizon Wireless will not be liable for problems receiving Service that result from Customer's device. Megabyte (MB) Data Plans: M2M data usage is rounded to next full kilobyte at end of each billing cycle. Any unused portion of the megabyte allowance is lost. Equipment will not indicate kilobyte usage. NationalAccess Roaming Feature: Not for use with Mobile Office Kits. Dynamic IP addresses will be assigned when roaming. Usage rounded up to next full kilobyte. For information on where NationalAccess Roaming is available, see www.verizonwireless.com. Roaming in CDMA countries outside of the US: Roaming in CDMA countries is $0.69 per minute plus the servicing carrier's long distance charges, toll charges, surcharges and taxes, which are billed on a pass-through basis. Roaming rates in Canada and Mexico may vary. Roaming in CDMA countries is only available in "CDMA" mode where service is available. An update to Equipment software is required to roam in S. Korea. Data Roaming: In the Canadian Broadband and Canadian Enhanced Services Rate and Coverage Areas, usage will be charged at a rate of $0.002/KB or $2.05/MB. In the Mexican Enhanced Services Rate and Coverage Area, usage will be charged at a rate of $0.005/KB or $5.12/MB. For more information on roaming in Canada and Mexico, visit verizonwireless.com/naroaming. In the Bermuda, China, Dominican Republic, Guam, India, Israel, Saipan and South Korea Enhanced Services Rate and Coverage Areas, usage will be billed at a rate of $0.02/KB or $20.48/MB. I -Dial is needed to roam in many destinations. Only the Canadian Broadband Rate and Coverage Area supports EV -D0. April 7, 2015 DMS -10/11-008C v.01 Page 19 of 19 Verizon Wireless offers this pricing utilizing the terms and conditions of the State of Florida Contract DMS -10/11-008c effective January 20, 2013, as amended. You may contact your local Verizon Government Sales representative for additional information. Copyright 2015. 6.S. CONSENTAGENDA 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meeting held on September 8, 2016 and Special City Commission meeting held on September 13, 2016. EXPLANATION OF REQUEST. The City Commission met on July 18 and 19 and August 16, 2016 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT. Non -budgeted N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Minutes D Minutes REVIEWERS: Department City Clerk Reviewer Foyle, Judith Description 9-8-16 9-13-16 Action Approved Date 9/13/2016 - 6:23 PPA Page 930 of 1471 Page 931 of 1471 MINUTES OF THE CITY COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 8, 2016, AT 6:30 P.M. COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BLVD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Mack McCray, Vice Mayor Justin Katz, Commissioner Christina L. Romelus, Commissioner Joe Casello, Commissioner. 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Chair Grant called the meeting to order at 6:30 p.m. Invocation: A Moment of Silent Reflection Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, Interim City Clerk Allegiance to the Flag led by Vice Mayor McCray Interim City Clerk Pyle called the roll. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant noted there were two revisions to the agenda. 411111111110IT-TIM Commissioner Casello moved to approve as amended. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Conduct First Public Budget Hearing for FY 2016/2017 Proposed Annua' Operating Budget. Tim Howard, Assistant City Manager, announced the meeting was the first public hearing to adopt the budget and millage rate for next year. Page 932 of 1471 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Attorney Cherof advised there are two public hearings on the budget and millage rate. Florida Statute permits the public to speak and ask questions about the budget. The second public hearing will be held on September 20th in City Commission Chambers at 6:30 p.m. Mr. Howard advised copies of the PowerPoint presentation were available for the public. The purpose of the workshop is to provide an opportunity to discuss and adopt on first public hearing, the proposed millage rate and tentative budget for fiscal years 2016/2017. The total for all funds as adjusted and changed from the workshop was $178 million, with $79 million for the General Fund. Tuesday, September 13th at 6 p.m., is a special City Commission meeting to adopt the Fire Assessment. The expenditure summary was reviewed which was comprised of the General, Enterprise, Internal, Special Revenue, Capital Improvement and Debt Service funds totaling $179 million. A revised expenditure summary based on the changes made in July or since then to the present was prepared. The General Fund changed slightly from $78.4 million to $79.2 million. Another significant change was in the general capital budget of $6.6 million. At the workshop, the Commission prioritized projects which were reduced to $1.9 million. The proposed millage rate is 7.9 mills which is the same as the current year. Starting with the $78.5 million budget, the City Commission agreed to fund a greens project at the Golf Course by using General Fund Reserves as a loan. There was another $326,000 transferred from risk management to fund employee clinic operations. The third transferred personnel from the General Fund to the Red Light Camera program, which reduced expenditures in the General Fund by $169,000. There were funds for physicals for the Police and Fire Departments which were reduced by $90,000 and $60,000 as they will take place in the employee clinic. The Community Standards Department was transferring personnel from the Police Department, which is the current Code Compliance staff, and transferring staff from Fire Life Safety and organizing them into the Department for Community Standards. Lori LaVerriere, City Manager, explained it was a reorganization. They were combining Code Compliance operations with Fire Life Safety as part of Business Tax Receipts and Inspections. It should improve customer service and utilize personnel more efficiently. It will be under the Fire Department and reporting to the Chief although the City will hire a Community Standards Director to run the Department. Commissioner Casello questioned if this would affect the 175 and 185 monies and learned it would not. Mr. Howard agreed to identify staff for Fire and Life Safety and list them with their salaries. Vice Mayor McCray asked where the change would fall on a flow chart. Ms. LaVerriere explained when it is finalized, it will be on the website in the proposed budget document. The flow chart will be available after October 20th, but Ms. LaVerriere agreed to provide a hard copy to him the next day. The adjustment was Police had 11 members that would be moved out of the Police Department budget, eight Fire positions moved from the Fire Department, and one position was being moved from the Development Department into Community Standards. It would 2 Page 933 of 1471 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 cost $2.1 million for the new Department. At the budget workshop in July, there was agreement to hire six firefighters for Fire Station No. 1. Funding those positions from April 1St, , to September 30th cost $210,000. There was $62,000 for a match for an AFG grant which was not awarded. The Department will apply for it again next year, but the $62,000 in the proposed budget would be removed. There was an increase of $11,000 to the Recreation Department due to increasing pool hours based on a recommendation from Recreation and Parks. To cover the extended hours, they need additional seasonal life guards. Property values increased slightly and the projected property tax revenues increased by $74,215. Interlocal Agreements (ILAs) with the CRA coming forward to the City Commission was for the Community Standards Department. The CRA budget contained it as a Code Compliance Officer, a vehicle, laptop and phone. The ILA will be $134,000 which the City did not have in the budget and it was being added as revenue. The continuation of the ILA reimbursement for neighborhood policing staff on MLK originally was budgeted for $200,000 which is what they have in the current year. When presented to the CRA Board, it was for $300,000 for three staff members, and the Board opted to remain with two positions. The ILA will increase from $200,000 to $263,000. Vice Mayor McCray commented they would be spending $263,000 for the substation on MLK Boulevard and learned it was the cost for salary, benefits and pension for the two staff members that are there, not including the lease agreement the CRA pays for on the site. Mr. Howard explained when adjusting the proposed budget from what was presented in July, an additional $453,000 from the fund balance or reserves was needed. The July workshop reflected $426,000 was needed from the fund balance: With the combined adjustments, $879,000 from fund balance was needed to fund the tentative budget for next year. Other funds affected through the changes made were reviewed as contained in the presentation. All the funds totaled $178 million. The four major components of revenue were Utility fees at $42 million; property taxes at $31.6 million; capital and bond sources at $18.9 million; transfers at $14.8 million and various smaller amounts as contained in the presentation. These revenues will fund the City's expenses of $178 million, which will fund the General Fund at $79.2 million or 44%; the Water and Sewer Utilities was $42.2 million at 23.7%; Capital Funds at $18.9 million or 10.6%; Solid Waste at $11.3 million or 6.3% and other funds such as Fleet, Self-insurance, the Golf Course and others. Property taxes with a proposed 7.9 millage rate would yield $31.6 million in property taxes. Mr. Howard reviewed the other funding sources in the General Fund, fund transfers, intergovernmental funds from sales taxes or revenue sharing, charges for services such as tennis operations or fire service contracts, Fire Assessment fees, franchise taxes based on electric and water, licenses and permits, business licenses, building permits, fines, interest, rents and fund balance appropriations. A chart reflected what General Fund services are designated to each department. A department comparison updated from July to current day showed the current year to the proposed budget for 2016/2017, per division. The tentative K Page 934 of 1471 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 budget for next year is $2.7 million over the current year adopted budget for a 3.6% increase The proposed property tax rate of 7.9 mills and with values increasing 7.9% this year, it increases the property tax revenue. The City has to calculate the roll back rate, per Statute, which is the millage rate the City sets to obtain the same tax dollars as the current year. The City's rollback rate this year is 7.3816. If setting the rollback rate, based on the current tentative budget, the City would be short $2 million they are projecting to use next year. Truth in Millage (TRIM) was reviewed The proposed millage rate of 7.9 mills was the same as last year and the actual tax increase was a 7.02% per State TRIM calculations over the roll back rate of 7.3816. Citywide, property values increased approximately 7.9% A comparison on four different scenarios for homesteaded properties and the tax increase leaving millage rate at 7.9% were viewed. Mr. Howard noted the Save our Home capped the taxable value of homesteaded properties at 3% of the Consumer Price Index, whichever is lower. The examples were based on $50,000, $150,000, $250,000 and $500,000 homes. Non -homesteaded properties were also discussed. The properties would take the entire 7.9% increase times the value of the millage rate and have a larger dollar increase, Mr. Howard explained the first resolution adopts the proposed millage rate of 7.9 mills and the second Resolution is to adopt the proposed budget. He noted a similar resolution will come back on the 20th. Commissioner Casello asked why the big drop in Police administrative services and learned it was because the department reorganized its personnel. Commissioner Casello asked why the Fire Department was down $137,000 and learned it was a combination effect, because some personal were moved to Community Standards. Vice Mayor McCray was concerned about the $263,000 for two officers on MLK, and wanted to meet with Ms. Brooks and Police Chief Katz why the cost was so high for two employees. Mayor Grant opened Public Comment. David Katz, 67 Midwood Lane, asked about the $2 million for the golf course and if the funds were coming from the Golf Course to the City or in the reverse. Mr. Howard explained the Golf Fund is paid from money the golf course generates. Mr. Katz commented the City Commission was kind to loan the money to address the greens. He noted since the Golf Course opened in 1984, it had transferred $978,000 to the City. The City has given $825,000 back to the Golf Course over the last few years. He thought the Golf Course was owed $153,000 and making the $300,000 a loan was hamstringing the employees. He requested the City not ask for the money back so they could provide the proper upkeep and maintain the equipment. El Page 935 of 1471 Meeting Minutes City Commission Boynton Beach, Florida 61710M�-* �#, Mr. Katz also commented property taxes would generate an additional $74,000 and the Cortina development was getting a dog park. He noted the Meadows, after 24 years, has not received any park, He requested the extra $74,000 create a passive park on the vacant land that has been at the Meadows for years as Meadows residents pay taxes. Susan Oyer, 140 SE 27th Way, asked where take home cars were in the budget and learned they are part of department budgets that have take-home vehicles, Mr. Howard explained they are in Police Uniform Services and it includes maintenance of the vehicles that were previously purchased. The Department prefunds the cost so Fleet can cycle out vehicle replacements. Ms. Oyer commented patrol cars provide a benefit to the neighborhood for the officers that live in Boynton Beach. Her issue was with other departments and managers. She understood there may be instances when an employee has to be called in such as Utilities or Code Enforcement. She opined there were a lot of cars the City does not need to pay for. Mr. Howard was unsure how many take home vehicles were non -Police and Fire as it has been drastically reduced over the years. Most take home cars sit in Police and Fire Department. Ms. LaVerriere explained the City switched to car allowances for managerial staff. Ms. Oyer inquired if they were needed and commented she drives to her job. She thought it was a big waste of money. Vice Mayor McCray commented he would like a copy of the inventory for cars. Herb Suss, Boynton Beach resident, agreed with the comments made about the golf course and noted Mr. Tapper put his job on the line. He favored not paying the funds back and keeping the millage at 7.9 mills. Commissioner Casello thought the City Commission was generous to extend a loan. The golf course is an amenity and during the budget a decision has to be made whether the City can afford or not afford it. There has been a concerted effort to make the golf course successful and that was why they were funding the greens. It will be a revenue generator for the City. Vice Mayor McCray noted Mr. Tapper had commented he would accept the funds as a loan. PROPOSED RESOLUTION NO. R16-106 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2016-2017. Commissioner Katz moved to approve. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 9 Page 936 of 1471 Meeting Minutes City Commission Boynton Beach, Florida Attorney Cherof announced this is a 7.900 millage rate. The next public hearing is September 20th at 6:30 p.m. The proposed millage is 7.02% above the computed rollback rate which was 7.3816. PROPOSED RESOLUTION NO. R16-107 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2016-2017. I �A Commissioner Katz moved to approve Vice Mayor McCray the motion. Vote The motion unanimously passed. B. Informational items by Members of the City Commission Commissioner Casello acknowledged newly elected State Senator Jeff Clemens. Commissioner Casello attended the CRA budget workshop on the 17th; the Hoops Hugs and Hope event on the 19th, held by the Boynton Beach Police Department playing against the Boynton Beach All stars. On the 20th , he attended the Suits for Seniors Job Fair at Boynton Beach High School which was well attended and is a great program. He attended the League of Cities Board of Directors Meeting on the 24th On the 251h he attended the South Central Regional Wastewater Treatment Board meeting. On the 29th he met with attorney Bonnie Miskel, Bill Morris and Davis Camalier regarding the One Ocean project. He completed a four hour mandated Ethics training class at Palm Beach State College on the 7th and spoke with Bradley Miller of Miller Land Planning. Commissioner Katz attended the CRA budget workshop; the Suits for Seniors event, the ribbon cutting by the Chamber of Commerce for Bay Bay's Chicken and Waffles, an auto show at the mall and later the same day the annual AFL-CIO Labor Day Picnic. He met with former Commissioner Mike Fitzpatrick, Susan Oyer and Isram Realty. He spoke with Bradley Miller regarding the D'Almeida project, spoke with American Traffic Solutions regarding Red Light Cameras and attended a few election night celebrations. He was happy Senator Clemens was elected and thought the City had a strong coalition to represent them. Vice Mayor McCray did not attend the League of Cities Hollywood meeting, and was summoned by the Mayor to attend an MPO meeting which was cancelled. He attended the ribbon cutting for the Bay Bay's Chicken and Waffles; attended mandated ethics training; the Open House for Quantum High School; and could not attend the Suits for Senior due to a work conflict. He noted his $1,000 donation was well spent. He attended the Pension Board for the South Central Wastewater Treatment Board which the City and Delray Beach co-own, the CRA budget workshop and spoke with Bradley Miller yesterday. Page 937 of 1471 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Mayor Grant attended a League of Cities meeting; the CRA budget meeting that night, and from the 18th to the 20th, was at the Florida League of Cities event and attended their ethics program and a few workshops and orientations. On the 20th, he attended an introduction of the Mayor of Boca Raton as the new President of the Florida League of Cities; attended the sign honoring Robert G. Wells on Martin Luther King Jr. Boulevard, the General Employees' Pension Board meeting, and toured the Police Station. He went home in Washington D.C. on the 30th and visited several D.C. attractions. This weekend he attended a Battle of the Bands and an opening for One Stop Auto Service. He attended Cars and Crafts on the 4th and entered a $10 raffle which he won. He donated $100 of the $250 he won back to Kiwanis Club and attended the Quantum High School Open House. Commissioner Romelus attended the Florida League of Cities Annual Conference in Hollywood, the Suits for Seniors event. He thanked the Boynton Intracoastal Group for their get together. She met with representatives of Isram Realty, attended the Battle of the Bands at Boynton Beach High School, spoke with Harvey Oyer,lll who represented ATS, attended the inaugural Celebration of the Haitian Bethel Baptist Church of Boynton Beach, and offered her congratulations to Emily Slosberg, Steve Kerner, Jeff Clemens, Al Jacquet and Mack Bernard on their successful elections. She noted her son turned five months old. Mayor Grant requested a motion to reconsider the agenda approval to move item 12.A, the Fire Services contract with Ocean Ridge, before Public Hearing. Motion Commissioner Casello so moved. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Florida Festivals and Events Association (FFEA) SUNsational Awards Presentation by Dan Goode, President. Eleanor Krusell, Communications Manager, advised Dawn Read, Vice Chair of the Florida Festivals and Events Association, FFEA, would present three awards the City won at the Conference and Trade show they hold. Dawn Read, Vice Chair, FFEA, explained FFEA is a statewide organization with 600 members comprised of municipalities, Cities and vendors representing over 3,500 events in the State and billions of dollars in event revenues to cities. There were over 400 entries submitted and Boynton Beach won three. The City of Boynton Beach Recreation and Parks Department won a first place award for their annual report and she acknowledged Stephanie Soplop. The City of Boynton Beach Annual Report won 2"d place and Eleanor 7 Page 938 of 1471 Meeting Minutes City Commission Boynton Beach, Florida Krusell was acknowledged, and City of Boynton Beach Recreation and Parks Mother's Day Tea Photo won 2nd place and Mary deGraffenreidt was recognized. B. Library staff to announce a new library program for Boynton Beach Residents: Career Online High School (COHS). Jeanne Taylor, Boynton Beach City Library, announced the Library is offering an online career high school program for adults. The free program, held in partnership with the State of Florida provides interested individuals the opportunity to receive an accredited high school diploma, not a General Equivalency Diploma (GED), by working online on a self - paced program. The program offers academic support and tutors. In addition to receiving a high school diploma, students will get a career certification in a career of their choice. The program can be done at home as well. The Library is the only Library in Palm Beach County offering the program, which starts next week. Information will be available at City Hall, the Library and on the Library website on Monday. Flyers were being printed but have not yet arrived to be distributed to the community. Mayor Grant asked if high school graduates could take the course to obtain a certificate and learned they could not. The program is for adults over 19. B. Announcement by Recreation & Parks Director Wally Majors regarding the "Nickelodeon Worldwide Day of Play" event, which will be held at Barrier Free Park on Saturday, September 17, 2016 from 10 a.m. to 1:00 p.m. Wally Majors, Recreation and Parks Director, advised on September 17th, the Department will host a Play Unplugged event which is a series of free events held throughout the year. He announced the Nickelodeon Worldwide Day of Play is for ages 4 through 13. The event begins at 10 a.m. at Barrier Free Park, and includes waterslides, Sponge Bob competitions, kid's expos, food trucks and a karaoke stage. Mayor Grant noted there was a free bus shuttle from Caloosa Park and asked if there were shuttles from east of 95 and learned there were none. Last year, there was a large crowd, but due to the event and its duration, it would not be practical to have more than one shuttle spot and the park can handle the number of cars anticipated for the event. 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) Norman Rapport, 8525 Logia Circle, read an article in the August edition of the Palm Beach Post in which Commissioner Casello and Vice Mayor McCray asked the Police Department to step up to the plate and not be afraid to end loitering. He took exception to their comments. He thought for them to say the Police Department is afraid was beneath their oath of office. The public can congregate as long as they do not obstruct anyone and solutions should not tread on constitutional rights. He thought Commissioner Casello and the Vice Mayor McCray should re-evaluate their positions. E-* Page 939 of 1471 Meeting Minutes City Commission Boynton Beach, Florida MZMRMTI U Commissioner Casello responded some officers question his support of the Police Department. He read the article and what he said was he feels the Commission's frustration. He did not say they were not doing their job, other than he feels the Commission is frustrated. He never threw the Police Department under the bus and he will not apologize for his comments because the word was frustration and they should all be frustrated. Stanley Kriegsman, 8589 Logia Circle, thanked the Police, Fire and EMS personnel for the great job they perform and appreciated their service to the community. He commented the meeting was being conducted the week of 9/11 when 343 firefighters and 50 police officers did not come home. On August 18, 2016, a Commissioner said the Police needed to stop being afraid to do what they are supposed to do and he was surprised at the comment. He noted there is a constitution and people can stand on corners, at parks, as long as they are not interfering with anyone or trespassing. Vice Mayor McCray clarified his comments and did say the Police need to step up to the plate and do their jobs when it comes to drugs. There are drugs there all the time at night and he had to wait in his car for them to finish dealing before he could drive through. He stood by their comments. Commissioner Casello explained their votes as Commissioners proves they support the Police Department and they have stood by the Police Chief and their men. There is an isolated situation on MLK Boulevard and the Commission is frustrated with it. They were not bad mouthing the Department. They support public safety 110% and it was not fair to say the Commission was throwing the Department under the bus. Bernard Wright, 713 NW 2nd Street, CEO Bernard Wright, and the Robert E. Wells Foundation and Real Talk Radio commented Real Talk Radio he is on the radio every night. He thanked all for participating in the Robert E. Wells sign placement. He noted the City was gaining a historic perspective for a better Boynton. He liked that the pool hours were changed in District 11 for the youth. He supports the Police and commented he has a record. He agreed with Vice Mayor McCray to enforce the laws, but not violate people's constitutional rights. He favored disbanding the perception of mistrust and commented the community is engage in a dialogue Arnold Dansky, 8265 Grand Messina Circle, was also upset with the article in the paper. He thought telling people to move or not stand on a corner could not be done anymore as long as they are not breaking a law. He suggested if Commissioner Casello felt he was misquoted, he should contact the media and make a retraction. He praised the Police Department as their statistics are far better than other Police Departments in Palm Beach County. Susan Oyer, 140 SE 27th Way, reminded the Commissioners they are elected officials in a republic and she read the definition of republic. She emphasized the Commissioners represent citizens and requested Commissioners remember this when voting on contentious issues. She discussed a utility principal that elected officials use when making decisions. She read Manias, Monroe and Till, that states, "The right action in any situation 9 Page 940 of 1471 Meeting Minutes City Commission Boynton Beach, Florida is the one that creates the greatest possible balance of happiness over unhappiness for the greatest possible number." She thought the Commission should apply the principal when making decisions and not be puppet masters for others. She also asked what caused a power outage at Forest Park on Tuesday night. She noted a person was dependent on electric for medical reasons and the family would probably pull the plug on the family member due to the power outage. She wanted to know what happened to knock out the power that killed this person. Denise O'Connor, Principal at Congress Middle School, and commented it is important she become a part of Boynton Beach and attend City Commission meetings. She invited the City Commission to the school, noting Vice Mayor McCray had already spoken at the school. She invited Senator Clemons, and all, to the Open House, on Tuesday, September 13th at 6:45 p,m. as students attend the school live in the community. Lastly she thanked, Police Chief Katz. The school is starting a Boys in Blue Civics Mentorship and Community Policing Program. It was noted the Commissioners could not attend as there is a CRA meeting that night. Brian Burchianti, 804 SE 3rd Street, a new resident, explained the neighborhood was having a problem in a commercial area on 1st Street. Power by the Hour was operating a Dino machine outside the building and this has been an ongoing problem for the last eight or nine years. He had a petition from the community which he did not submit. Since 2010, there have been over 56 noise complaints, and no one did anything, In December 2012, Diane Springer, former Code Compliance Coordinator, spoke to the owner and the owner appeared at a hearing. It was explained the business must be conducted inside the building. He commented the noise takes away from his peace and tranquility and he was considering moving. Mayor Grant commented staff was working on a Nuisance Abatement Ordinance. If the noise continues, the business will be forced to close down. Charles Powers, 172 SE 301h Avenue, asked if there are initiatives to bring a tech company to the area. Mayor Grant responded he spoke with a representative who works with Palm Beach Tech to have a meet and greet in Boynton Beach to grow the community. He also noted Hacklab is on High Ridge Road and he spoke with some of the schools to grow the tech communities in Boynton Beach. Marylou Guzman, 19 Velaire Drive, expressed concern about sober houses in residential communities. A sober house was recently purchased on her street and there are issues with the tenants. Code Compliance did not provide answers and there is a lack of regulations how to manage or permit sober houses. She sought to see if there was a way to regulate them without violating federal or state laws. She had a list of questions she agreed to email the Commission and hoped they could put something together. Commissioner Casello explained he is on the State Attorney Task Force regarding sober homes. He commented it would not solve all the problems, but it would get 75% to 80% of sober homes under control. IN Page 941 of 1471 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Vice Mayor McCray commented he gets up early and walks and he picked up four syringes. He goes to the Church and removes more, noting it is a problem all over. Herb Suss, Woodfern Drive, explained he had been adamant about eliminating the Red Light Camera program, and after further consideration wanted to change his statement. He met with the Sergeant about it. He was also at a Climate Action Control meeting and commented climate change was worsening and the Everglades needs clean water. There is sea level rise, pollution and he invited the City Commission to review a fact sheet. He announced there will be a presentation by John Englander on September 22nd at Summit Library from 5:30 p.m. to 7:30 p.m. He emphasized the world is at a point of no return and he wanted to see someone from the City Commission attend. Norfolk Naval Base was having issues with saltwater intrusion and the Mayor took the Mayors' pledge. He was asking the Commission to be more involved and to see what could be done to get the governor to believe in climate change, or remove him and other non -believing officials as well. lZ*1W*TnZ= 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (NN Stu) openings exist: Mayor Grant nominated Jason Shaffer as a regular member from an alternate on the Historic Resources Board. Vice Mayor McCray seconded the motion. The motion passed. Commissioner Katz nominated Michael Brevda as a member of the Senior Advisory Board. Vice Mayor McCray seconded the motion. 11 Page 942 of 1471 Meeting Minutes City Commission Boynton Beach, Florid:? The motion unanimously passed. 6. CONSENT AGENDA September 8, 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 '`!"• 9 i 0 - . I A## * - - . - # 0 B. PROPOSED RESOLUTION NO. R16-109 - Approve and authorize signing 1661 an Agreement for Water Service outside the City limits with Linda Old Grego for the property at 1033 Ridge Road, Lantana, FL 33462. 1 C. PROPOSED RESOLUTION NO. R16-110 - Approve and authorize signing of an Agreement for Water Service outside the City limits with Laura Guy, Trustee of the 1206 Highview Road Land Trust dated 5-26-16 for the property at 1206 Highview Road, Lantana, FL 33462. D. PROPOSED RESOLUTION NO. R16-111 - Authorize the City Manager to sign the Recreational Trails Program grant agreement and all related documents from the Florida Department of Environmental Protection in the amount of $28,500. E. PROPOSED RESOLUTION NO. R16-112 - Authorize the City Manager to sign an Amendment to Site Agreement between the City and WeatherFlow, Inc. for the weather monitoring station at Oyer Park. The Amendment term of this Agreement begins as of the Effective Date and shall continue until December 31, 2017, thereafter to be automatically renewed annually, unless terminated by the City or WeatherFlow. F. Approve the minutes from the Budget meetings held on July 18 and 19th, 2016 and Regular City Commission meeting held on August 16, 2016. Motion Vice Mayor McCray moved to approve the Consent Agenda. Commissioner Casello seconded the motion. im Page 943 of 1471 Meeting Minutes City Commission Boynton Beach, Florida The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 September 8, 2016 A. Approve the release of the utility bond for the project known as RaceTrac Gas Station in the amount of $468,994.90 for the water and sewer utilities. Commissioner Casello moved to approve. Vice Mayor McCray seconded the motion. MM The motion unanimously passed. B. Approve the Bid Award for "HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES" Bid No. 050-2511-16/JMA to Thermal Concepts, Inc. of Davie, FL as submitting the lowest, most responsive, responsible bid meeting all specifications for an estimated annual amount of $125,000.00 for preventative maintenance and repair, Mayor Grant asked why Thermal Concepts Inc, was selected. Tim Howard, Assistant City Manager, explained staff issued the bid and on July 27th staff opened and tabulated seven responses. The rankings are based on the pricing and the recommendation from Public Works was to award the bid to this company as the lowest and most responsive bidder. He pointed out this was annual maintenance for the air conditioning systems and pricing for repairs that would be made throughout the year. It is for a two-year period commencing October 1, 2016, and ending September 30, 2018. a= Vice Mayor McCray moved to approve. Commissioner Casello asked about past costs for air conditioning. Mr. Howard explained the City previously had staff service the air conditioning, and the amount spent on repairs varied year to year. Commissioner Casello asked if the item stemmed from the mold in the fire stations and learned it was one of the items that resulted from the issue. Commissioner Romelus asked if the lowest bidder is the best and learned it is the lowest and most responsive based on the qualifications the City specified. Commissioner Casello seconded the motion. 13 Page 944 of 1471 Meeting Minutes City Commission Boynton Beach, Florida 0M The motion unanimously passed. (item 12. A was heard at this time) 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 6010 . : W - 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. 16-019 - FIRST READING - Approve and adopt the consolidated and updated Boynton Beach Community Redevelopment Plan. Vivian Brooks, CRA Executive Director explained this was a long process that started as part of the Strategic Plan Initiative in 2014. The existing conditions analysis was completed in June 2015. The CRA held four public workshops on the weekends and sent mailers so people could provide input. There was a fairly good turnout from the public meetings. The CRA Advisory Board reviewed the document and a presentation and reviewed nine key recommendations to the Plan which were not consistent with the current Plans. She reminded all this was the consolidation of four existing plans into one cohesive document. The CRA Advisory Board approved all nine changes on July 21, 2016. The Plan was reviewed by the CRA Board on August 41h and two modifications from the recommendations were made. The Plan was then reviewed by the Board and there were four modifications. The vision and goal was to create one comprehensive vision for the entire 1,650 linear acres comprising the CRA District. They want to present a thriving downtown and work within distinct districts in the CRA. The vision included unifying, connecting, and investing in sustainable, diverse neighborhoods and to support the quality of life for CRA residents. The Plan is based on a framework of roadways, bikeways, greenways, parks and land use. From there, staff created district plans and they were broken down into planning districts. The Implementation Guide is how to move a plan forward and implement it for development, thereby improving the physical attributes of the CRA. The first element is planning and policy, and in the future, the City Commission will review how to incorporate the plan into the Code, determine where the CRA invests in development, capital projects and determine what kind of streetscapes will be used and where. Initiatives and Programs included the Community Policing program, the Clean and Safe program, marketing and events to showcase what works in the CRA. Amanda Basslely, Planner, explained there were four modifications. 14 Page 945 of 1471 Meeting Minutes City Commission Boynton Beach, Florida The first change had to do with properties along the west side of the FEC from Boynton Beach Boulevard to Ocean Avenue. The initial proposal had mixed use high on Boynton Beach Boulevard to 1st and mixed use medium from 1st to Ocean Avenue. The first priority from Ocean Avenue from Seacrest to the FEC on both sides of Ocean would have consistency and preserve the character of Ocean. The second priority had the same idea on Boynton Beach Boulevard; however, it is a wider arterial road. The third boundary which would be a train station area, had all of the mixed use high east of the tracks, and the first two blocks west of the tracks. The expansion of the center of mixed use high, if it was to grow, would force it to grow along Boynton Beach Boulevard, which is more conducive for height and density. The modification proposed through the CRA Advisory Board expanded mixed use high south to Ocean Avenue. Staff did not recommend the modification because it has inconsistent land uses on Ocean Avenue. The two different sides of the street at the FEC would have two different land uses and development rights. It is also inconsistent with the character of Ocean Avenue, This would mean a difference in volume and height limitations. Some could be mitigated by the Overlay District, but staff did not recommend the modification. Staff created a filler through zoning and not land use. If the Board approved the modification, staff suggested the zoning be changed to mixed use 4 so it would not be that drastic. Staff recommended approval of modification two to add a boundary for the proposed Cultural District Overlay. The boundary will encompass the entire Cultural District, from 1r" Street to 2nd Street and from Seacrest to the FEC. The third modification pertained to MSK Jr. Boulevard. The initial proposal had two commercial nodes on either end of Seacrest and at the FEC. The initial proposal had high density residential at 15 dwelling units per acre, and the modification is to have mixed use low. Staff recommended approval of the change. The height will stay the same, but they will receive added density at five additional units per acre and it will permit some commercial uses. The last modification was to the Sara Sims Master Plan. The current Plan has the boundaries of an area as recreation. The recommendation was staff would review the feasibility of transferring some recreational land into single-family homes. Approval of the modification would add a recommendation to conduct a study, followed by a public meeting, a Recreation and Parks Board review of the revised plan, followed by City Commission review and approval. Commissioner Katz asked if they constructed homes, whether it would be on the CRA's land and learned it would be the City's land. Commissioner Katz thought, since parkland would be removed, any revenue generated from those properties be earmarked to place the green space elsewhere. Ms. Bassiely explained this would not change the recreational land use. The land use in the Plan would not change; it was only a recommendation to review the feasibility of doing so. Mayor Grant asked what happens after the feasibility study. Ms. Bassiely explained the first is to add it to the CRA Plan as a recommendation to review the 15 Page 946 of 1471 Meeting Minutes City Commission Boynton Beach, Florida process, followed by a public meeting regarding discussing the Master Plan that already exists; it would be revised and approved by the Recreation and Parks Board and City Commission. When there is a new master plan, staff can bring forward a land use amendment. Mayor Grant opened public comment. The following individuals spoke in opposition to the modifications: Paula Powers, 172 SE 301h Avenue Jean Ruzycki, SW 10th Avenue Harry Woodworth, 685 NE 15th Place, President of INCA Susan Oyer, 140 SE 27th Way Tom McClure, 2004 S. Federal Highway, Boynton Coalition for Responsible Development Nicole Buhler, 2326 Lake Drive North Herb Suss, Woodfern Drive Rodney Trzcinski, 2460 SE 13th Court, Pompano Beach, advised he was excited to learn Isram was building within the CRA. He sits on the East CRA Advisory Committee in Pompano Beach and they experienced everything that was occurring in Boynton Beach, including issues with the neighbors and parking. By listening to the public and reinvesting money generated from the CRA into CRA projects, they receive a much better product. He described their program and other municipalities have asked to use their plan. He commented a CRA is about development and rejuvenation of an area. In 2015, there was in increase in values. The increase was not due to brick and mortar; it was by new development values and properties that are selling and being leased by residents and changing hands. They held charrettes and added elements to create a pleasing life style and a place people will go. They listened and added greenery and shade structures. If they build something people feel has added value, they will patronize the establishment. Bradley Miller, Miller Land Planning, representing Arthur and Francis D'Almeida regarding property in modification one, explained he spoke to the CRA Board about the parcel from Boynton Beach Boulevard to Ocean Avenue. It is one parcel and they also own a parcel south of Ocean Avenue as well. They had requested the parcel be treated as a whole from Boynton Beach Boulevard to Ocean Avenue and have the mixed use high to permit 80 units to the acre. The CRA Board and the D'Almeidas agree with the lower height as density is needed for the train station. They agree with keeping the buildings lower on Ocean Avenue and with the 16 -foot pedestrian areas along the roadway. He thought there were step back ir-1 Page 947 of 1471 Meeting Minutes City Commission Boynton Beach, Florida issues on Boynton Beach Boulevard that would be addressed through zoning. He thought it was important the property stay whole and adjacent to the train station and Transit Oriented Development (TOD). He wanted the City Commission to continue with the modification proposed from the CRA Board from Boynton Beach Boulevard to Ocean Avenue, from the railroad tracks to NE Td Street on the west side. There were several comments at the development community workshops density was needed, not the height, Mr. Miller wanted to stay below the high-rise limit in their design and the D'Almeida project was 85 feet to the top of the peak. Commissioner Katz had a question about architectural design standards and wanted a committee to be formed in the future. Ms. Bassiely explained they discussed adding architectural guidelines or urban development guidelines and there are differences. This Plan establishes urban design guidelines through the overlays, which guide the maximum heights on the street, how far buildings are setback, and how they act as a whole. It was less about architectural styles and more about how interactive they are with the public. Architectural standards pertain to the building's form and are typically tied to historical styles. Input should be obtained through public meetings. Commissioner Casello requested clarification of modification one to allow 150 feet height. The recommendation in the Plan was to have mixed use medium at a 35 foot base and a 75 foot height restriction. The modification made at the CRA Board meeting was to revise it to be mixed use high and a mixed use core land use which would permit 150 feet. These were development rights staff was recommending. The density for mixed-use core was 80 units per acre, mixed-use 4 was 60 units per acre; and mixed-use 3 was 50 units. They are within the TOD so all of those classifications receive a 25% bonus in this particular development. Mixed-use 4 is 75 units with the TOD onus. Mayor Grant researched the Woolbright and Federal Highway nodes and the 2016 traffic studies. He noted Woolbright Road exceeded its Level of Service (LOS). The south half of the Woolbright/Federal node is not in the Traffic Concurrency Exception Area and is in a Coastal Residential Exception area. The Coastal Residential area does not allow any traffic LOS requirements for new residential development. His concern was currently Woolbright and Federal is already above the LOS which is why he was concerned about increased density for the node. The Board could recommend development be mixed use4, but developers do not have to follow that recommendation and someone in the future could construct a 150 -foot building at the node. He thought the Board should either keep it at mixed use medium or do a feasibility study of not allowing development in the Coastal Residential Exception area in the future. The only development that would be affected is Isram. There is a Traffic Concurrency Exception Area north of Woolbright and a study done that reflected there would be future development in that area. He commented he would reserve his motion to modify this on second reading. If the City Commission allows a high activity node at Woolbright and Federal, there will be gridlock and it is not possible to expand. Commissioner Casello pointed out residential development has less traffic than commercial. Mayor Grant explained Isram's report indicates it would increase one car a minute in the IN Page 948 of 1471 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 morning and reduce it by 456 trips throughout the 24-hour period. If the morning peak hours are not included, it would decrease it by 500 trips. He thought it should be mixed use medium because Riverwalk does not need the density and it would prevent Sunshine Square or Bermuda Cay to increase the density above 50 units per acre if they wanted to redevelop in the future. Steve Wheery, 200 E. Broward Boulevard, Ft. Lauderdale, explained this is a new issue. Mayor Grant noted the last page of the Palm Beach County Traffic Division Historic Traffic Table Current Year 2016 handout that pertained to the two intersections. Mr. Wheery explained they propose residential density which is a change from commercial uses. An apples -to -apples comparison is less trips generated than commercial uses typically generate, and with the existing use there, they are vested for the traffic they are generating. The traffic they are proposing is actually less than what they are vested for. Mayor Grant understood there is an overall reduction generally speaking, but it is not in the morning, and the traffic study done over used the vacant Winn Dixie with 35,000 feet of retail and not an active commercial building. Mr. Wheery differed with Mayor Grant interpretation. Bryan Kelley, Simmons & White, Traffic Engineer, consultant for the Riverwalk project explained Riverwalk is not within the TCEA area which is just north of the project and they are within the Residential Coastal Exception area. There are certain exemptions allowed which has to do with the County promoting urban infill and preventing sprawl. The County asked for a more detailed analysis. When Riverwalk received its approval letter they had to conduct an additional intersection analysis at Federal and Woolbright to show it met LOS standards and the project did. From a daily perspective, it is a reduction. The morning has a little bit of an increase and the p.m. had a bit of a decrease. Mr. Kelley clarified what Mayor Grant was referring to on the Federal Highway LOS 1770 is a peak -hour directional volume threshold. When looking at the morning and afternoon peak hour tables, you compare it to the directional volume, and the peak hour directional counts and the existing counts on Federal Highway are below level of service standards. Peak hour trips in the morning on Woolbright would increase, but less than the 1770 standard and the afternoon was 12 trips above the 1770 standards. Mr. Kelley explained these are planning level thresholds. When the count is over, the County requires them to analyze the intersections. Mayor Grant noted the study reflected the project was significant for the morning peak hour. Mr. Kelley responded significant is defined as being above 1% of the Palm Beach County standard. Broward County considers 3% to be significant and others consider it to be 5%. Mayor Grant asked if the Commission wanted to look at the Comprehensive Plan so the City could ensure they will not have traffic like Broward and Miami in the future. Charles Powers, 172 SE 30th Avenue, asked if the impact of high speed rail and how it would impact east and westbound traffic was included in the projections. Mr. Kelley explained the short answer was no and he commented there are positive and negative impacts when transit takes vehicles off the road. There is a benefit, but with coastal communities there will always be delays when a drawbridge opens. For transit, there are no specific discounts as they are not part of the typical County traffic study requirements. W-1 Page 949 of 1471 Meeting Minutes City Commission Boynton Beach, Florida Paula Powers, 175 SE 30th Avenue, commented there will be 32 trains a day which will have a huge impact on east/west traffic. She commented they were trying to build a development that will increase traffic more. The trains will stop people from crossing and there is a bridge. Mr. Kelley commented the project has a Palm Beach County Traffic Approval letter Commissioner Katz suggested having an architectural design committee to approve standards to conform to existing building aesthetics and structures, Motion Commissioner Katz moved for a study or review for architectural guidelines. It could be done without cost in house or at a minimal expense that could be budgeted. He favored getting better control on design standards. He believes in property rights, but thought there should be some degree of conformity, and not necessarily means uniformity. Ms. Bassiely explained this was similar to modification four. Staff would add a recommendation to start a process of some type of architectural public process, followed by a series of public meetings. Commissioner Casello asked who would sit on the review board. Commissioner Katz responded it would be professionals and community residents to review all districts. He sought to have a little more control over how buildings look moving forward. Staff would propose guidelines, a discussion of how they are reviewed and the approval process would take place. It could be done administratively or through creation of a board. It would not go in the plan. What would be in the plan is the establishment of architectural guidelines. Vice Mayor McCray noted there was already a decision made MILK Jr. Boulevard would have a Floribbean look. The other districts can decide what is appropriate or not. Ms. Bassiely explained the HOB is one of the only areas with a lot of historic architecture and it is the easiest district to implement. The other districts would be more difficult. Commissioner Katz would not want to replace a current theme. He wanted to extend it to the additional districts as they are developed. The Industrial District would not be included. Boynton Beach Boulevard, the Cultural District and HOB would be the impacted districts. Commissioner Katz explained his motion is open to any district, but certain districts would not lend themselves to much modification. His concentration would be the downtown Districts that would be developed as a result of the Plan. Commissioner Casello seconded the motion. Commissioner Romelus requested clarification the review would apply to the just the CRA, or the entire City. Commissioner Katz responded just to the CRA. Commissioner Romelus noted there is an overlap. She asked if the Planning and Development Board has an architect on the Board and learned they have a landscape architect. Ms. Bassiely explained Page 950 of 1471 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 the processes in which projects are approved are not part of the Plan. When the guidelines are established, staff can return and discuss how they are approved. Vote The motion unanimously passed. A recommendation to add architectural guidelines for the CRA would be modification five. Attorney Cherof read proposed Ordinance 16-019, by title only on first reading. Modification one involves the parcels along the FEC from Boynton Beach Boulevard to Ocean Avenue. The proposal staff was recommending was the original proposal to have mixed-use high on Boynton Beach Boulevard and mixed-use medium towards Ocean Avenue and the modification is to extend mixed-use high from Boynton Beach Boulevard all the way to Ocean Avenue. Ms. Bassiely clarified mixed-use 4 is one of the correlating zoning district that goes to mixed-use high. An option if mixed-use high is desired throughout the site, is that they recommend mixed-use high and a zoning of mixed-use 4 to cap the height at 100 feet. Commissioner Romelus moved to consider MU 4 as a recommendation so the density is at 75 feet after the TOD is included, but it caps the height so they would not create towers. Commissioner Katz seconded the motion. Vote The motion unanimously passed, Ms. Bassiely explained modification two adds a boundary in the overlay which was not in the original plan. It would extend the overlay to the entire Cultural District from 1s' Street to 2nd Street and from Seacrest to the FEC. Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Modification three involved the center area of MLK Jr. Boulevard. It was revised from high density residential to mix -use low. 9ES Page 951 of 1471 Meeting Minutes City Commission Boynton Beach, Florida Motion September 8, 2016 Vice Mayor McCray so moved. Commissioner Katz seconded the motion. Vote The motion unanimously passed. Modification four would add a recommendation to the Plan to review the feasibility for converting the western area of Sara Sims from Recreation to single-family homes. It was thought the change could accommodate 7 to 14 homes. Motion Vice Mayor McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. Modification five would add a recommendation for the establishment of architectural guidelines to the City for the CRA and was previously approved. Interim City Clerk Pyle called the roll to approve Ordinance 16-019 with exhibit A amended and the amendments should be reflected in the exhibit when it returns for second reading. Commissioner Romelus explained she was voting for the Plan due to the modifications but there are parts of the Plan she does not agree with. She commented when public comments are obtained, they should not be swept under the rug. With the modifications she looks forward to a bright future for Boynton Beach. Vote The vote was 5-0. B. PROPOSED ORDINANCE NO. 16-017 - SECOND READING - Approve City ordinance creating minimum standards for the establishment of Property Assessed Clean Energy (PACE) programs in the City of Boynton Beach. Attorney Cherof read proposed Ordinance No 16-017 by title only, on second reading. Motion Commissioner Katz moved to approve. Commissioner Romelus seconded the motion. 21 Page 952 of 1471 Meeting Minutes City Commission Boynton Beach, Florida Vote The motion unanimously passed. Mayor Grant opened public comment. September 8, 2016 Jeff Clemens, Florida Association for Insurance Reform, thanked the City Commission for approving the PACE program earlier in the meeting. Interim City Clerk Pyle called the roll. Vote The vote was 5-0 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS A. Commissioner Romelus has requested this item be brought back for reconsideration - The Commission considered this item on August 16, 2016 and Mayor Grant, Commissioners Katz and Romelus voted in favor of not opting out of this contract by October 3, 2016. Commission discussion of (1) Red Light Camera Program and (2) whether to cancel or extend American Traffic Solutions contract. Commissioner Romelus commented the Commission had previously voted on the issue a few weeks back. After thinking about the matter and receiving a lot of information she wanted to revisit the item. I Tj Commissioner Romelus moved to reconsider the Red Light Camera Program. Commissioner Casello seconded the motion. Vote The motion passed 3-2 (Mayor Grant and Commissioner Katz dissenting.) Commissioner Romelus asked how much the lease cost, the amount needed to pay the three employees, the magistrate cost and what the City proposed to spend on legal fees. Tim Howard, Assistant City Manager, explained the cost of the program for the current year, under the existing agreement, the monthly rate per camera is $4,250. With 15 cameras the monthly cost is $63,750. From October 1, 2015 to August 31 2016, an 11 month period, the City paid $598,423 in lease payments. Personnel charged to the program W Page 953 of 1471 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 last fiscal year that was removed this fiscal year because staff was unsure of the program's future for three people, was $175,000. Legal fees for the 11 -month period were $149,000. The cost for the magistrate for the hearings was $8,300 so far this year. The number would fluctuate based on how many hearings they have and how many cases they hear during the months. If projecting costs for a full year at a 12 -month cycle with 15 cameras, the amount would be about $775,000 per year. The estimated magistrate costs would run between $8,000 and $10,000 a year and personnel costs were estimated to be about $175,000. There were no legal expenses for the first year; one year they paid $18,000 and they reached $140,000 for the last couple of years. He noted the legal issues have been resolved and reduced. He anticipated the expenses would decrease in the future. Commissioner Romelus noted there was about a $1 million expenditure in total. So far this year, the gross revenue was $2.9 million from October to August. The City sends the State their portion of $83 per citation for a total of $1.5 million. The fine is $158 and $75 stays with the City. After the State payments, the City receives $1.3 million. Last year there was a deficit, but there was not a deficit this year due to transferring the personnel out of the program fund to the General Fund. The deficit on September 30, 2015 was $293,000 because the program ceased for about four months and citations were not issued. Commissioner Katz pointed out if the program remained operational throughout the year, there would have not been a deficit. Commissioner Romelus explained when the cameras were fully operational; the program generated a $45,000 surplus. Mr. Howard agreed. Vice Mayor McCray noted a ticket is $158,000. If a violator appeals there is an additional $50 administrative fee. If they are found guilty, the fee increases $35. The City can charge up to $250, but the City only charges $35. Shana Bridgeman, Assistant City Attorney, explained violator's pay an overall lower fee if they request a hearing versus if they request a trial and go to court. The citation is $158 plus the City's administrative fee of $50. If a violator receives a uniform traffic violation the fee is $264. Mayor Grant asked if the magistrate overturned any citations and learned he did not as the City's program is in compliance with Florida Statute and all the appellant rulings. Vice Mayor McCray commented there was an attorney present who wanted to challenge the program. If an officer issues a ticket, the cost is $264 and there is the possibility of having points on the license and it is reported to the individual's insurance company. When a red light camera is involved, the points and insurance penalties no longer exist Vice Mayor McCray asked of the $264 for each ticket issued by an officer, how much Boynton Beach receives and learned it was $26. The Red Light Camera program charges a violator less and generates more revenue for the City than an in person citation. Commissioner Romelus inquired what an entry level Police Officer makes and learned it was slightly over $48,000 a year. She asked if the Police Department was fully staffed and operational and learned as of today there were seven vacancies. Chief Katz explained the Department is prepared to hire 10 Officers in December due to pending retirements. She 23 Page 954 of 1471 Meeting Minutes City Commission Boynton Beach, Florida asked how the City compares to pay and salary to other surrounding communities and learned the City has the third highest starting salary in Palm Beach County. The City Commission has been good to the department offering 6% and 3% raises, but they had gone without raises in the past. Union negotiations are ongoing which involves a career path and pay plans. Commissioner Romelus asked how the Department compared to surrounding municipalities and learned they were competitive, but with overtime, some Sergeants make more than the Chief. Commissioner Romelus thought if the City was going to spend a million dollars a year and make a profit margin that does not make sense, she would rather spend the money on police officers and have overstaffing to allow for community policing, allowing for officers to have more face time with the public as opposed to having tickets issued and be sent in the mail. She wanted officers to be present and be a visual aspect. She commented salaries and benefits per officer was about $75,000. She wanted to hire15 more officers to be at each and every intersection and at each district so they can be more present and the City can feel safer, reduce crime rates, burglaries and other problems. They could curb sober homes and other issues. She would rather spend it on personnel than enriching ATS and the legal department. Her position previously was supportive of public safety, but from a broader perspective, she would not support continuing the program for five more years and the City could use the money to do something else. She opined the program would be in the red. Commissioner Katz explained if the red light camera disappears, so does the $1 million and commented they cannot hire 15 new police officers with no money. If there is a way to identify an additional million in the budget to hire them, then fine, but the revenue from the camera program cannot pay for things, if the program is defunct. Mayor Grant asked how the officers could be funded. Mr. Howard explained the Commission would have to trim $1 million in expenses that are in the proposed budget and use it for additional police officers or take $1 million from Reserves. Vice Mayor McCray explained the Police Chief indicated there are six vacancies which are different than the officers patrolling the street. Mayor Grant received an email from ATS indicating they could extend the deadline to terminate the contract to December 2, 2016. T =.- Mayor Grant passed the gavel and moved to table this decision for 30 days to have more discussion with ATS or see what they can do. Even if they decline to renew the contract, it is still active for the next three months. Vote The motion died for lack of a second. 24 Page 955 of 1471 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Commissioner Casello asked if the camera issue was being heard by the Florida Supreme Court. Ms. Bridgeman responded a request has been made, but the Supreme Court has not decided to accept it. Commissioner Casello asked if the gross red light camera fines are increasing every year and learned this year had the highest amount of fines. He commented the cameras are designed to change behaviors, reduce violations and collisions, and not generate revenue, but thought the behavior was not changing and he questioned the effectiveness of having all these cameras. He commented rear -end collisions increased 38%. If the City was interested in public safety, the Commission should attend Palm Beach County days and enact a bill to take the cell phones out of drivers' hands. He thought the Red Light Cameras was entrapment. He thought ATS could reduce the price of the camera and noted ATS was willing to renegotiate the prices. Vice Mayor McCray noted the lawyer for ATS is Mr. Oyer. He commented Ms. Oyer spoke at the last City Commission meeting in favor of the program. He did not know if she should have disclosed the relationship as the lawyer was a family member of hers. David Katz, 67 Midwood Lane, thought if the Red Light Cameras go away, a million dollars does not fall from the sky. The million Commissioner Romelus was discussing is generated by the Red Light Cameras. Mr. Howard agreed if the program goes away, the cost for the program goes away and so does the revenue that is generated by the program. He commented in reference to public safety for the City, the cameras run 365 days a year, 24 hours a day, 7 days a week, and they also assisted the Police Department in apprehending several offenders. Chief Katz confirmed it was true and they relied on ATS on numerous occasions to help with investigations ranging from violent felonies to domestic assault at no charge. Mr. Katz commented if people do not run red lights they do not get tickets. He commented he got a citation and he no longer runs the light, which is the modified behavior that was sought. Vice Mayor McCray noted the CRA was buying a License Plate Reader (LPR) and so is the City, so something else would be in place. Commissioner Katz favored public safety and commented in his discussions with ATS, the City can pay a nominal fee for the price of a LPR. He noted the LPR costs $24,000. If the City choses to ask for the additional service of having these 15 cameras turned into LPRs simultaneously, the City will acquire 15 additional LPRs at a cost nowhere close to $24,000. The potential for law enforcement to gain additional intelligence is there and it is an additional perk to maintain the system so they do not have to spend $24,000 each for a dozen LPRs. Commissioner Casello pointed out the cameras are not rea commented in his conversations with ATS they have the complimentary to the program. They were offering additional components at no or minimal charges. 99 I time. Commissioner Katz service and it would be services and pilot additional Page 956 of 1471 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Susan Oyer, 140 SE 27tt Way, advised she did not speak on the Red Life Cameras as she considered it a conflict of interest. Commissioner Casello argued the City is the only municipality that uses the cameras and it will be heard by the Supreme Court. It is not because the City is unique; they have changed nobody's behavior. The cameras are generating revenue and the violations are increasing. Ameil Nutrovich, 707 6th Avenue S. Lake Worth, commented, earlier in the meeting, Commissioner Romelus commented she spoke with Harvey Oyer, III who represents ATS and thought it was disconcerting. Mr. Oyer called Commissioner Romelus. She had a yea vote at the last meeting and now it was a nay vote. Mayor Grant advised he was interviewed by Channel 12 when there were shots fired in District 11 and they kept asking him what he was doing about crime. He thought the cameras and the LPR would help ensure people are caught. It was not working on behaviors because the City is the only place with red light cameras and everywhere else individuals are running red lights and not being caught. There have been over 10 vehicular fatalities since he became Mayor. Studies have shown that fatalities and accidents will increase. He questioned what to tell someone who loses a loved one because of a red light runner. A vehicle is a deadly weapon. He agreed phones should be a first offense crime and asked if they were going to wait to July to see what would happen. The Commission can make the County safer. He commented on the Mark Wandell Act and telling individuals who loses a loved one that the City did not want to issue a violation. Commissioner Romelus received a phone call from Melissa Wandell, who told her about the loss of her loved one. Commissioner Romelus sympathized with all who lost loved ones, but she did not believe it was the end all to stop people from running lights. She commented the City needs more police on the streets talking to residents. As to the money, she still believes the individuals operating the program will be retained and there would still be legal fees. She was not against the Red Light Camera program, but thought they could use the funds allocated to run the program for other things as opposed to operating at a deficit in the coming years. Commissioner Katz reiterated the money allocated for the red light camera does not exist and thought the comments just made were not factual. Commissioner Romelus noted the $293,000 dollars that was given when the program operated at a deficit was provided. Commissioner Katz pointed out Commissioner Romelus was citing the one year they shut down cameras and there is no foreseeable shut down in the future and the City is winning the challenges almost unanimously. He thought to site an anomaly based on an event they can absolutely say contributed to that deficit is disingenuous. He thought the arguments being made to change a decision were not real. It is fact. No argument has been made to justify the reversal. He liked the revenue generated was from people committing crimes as they are breaking the law. 9.9 Page 957 of 1471 Meeting Minutes City Commission Boynton Beach, Florida Commissioner Katz asked if Chief Katz supported the Red Light Cameras and learned the cameras have proven to be beneficial. The data they have supported the continued use and he was excited about the possibility of LPRs and real time imaging. He thought they were in a good position to negotiate, but the matter was a policy decision. Commissioner Katz emphasized comments have been made tonight and at past meetings regarding dedication to public safety and at this meeting he questioned it as this vote runs counter to the statement. He asserted a no vote on this program puts the price of a life at $158. They are fighting against a $158 fine which is $100 less than a ticket with no points and insurance consequences. He hoped if he got a red light ticket, he got if from the cameras, so it would save him money, more money will go to the City and as a by-product, the Police can use those cameras for investigative purposes as well as potential LPRs. He thought if the Commission supports the Police 110% they should vote yes. There was no problem with the program except people do not like it. Commissioner Casello took exception that his vote hinges on his support of the Chief and the Department and he supports them no matter how he votes on the issue. Commissioner Casello recalled since the cameras were installed, there had been one fatality a year. He pointed out traffic fatalities was a weak argument the cameras save lives. Vice Mayor McCray attended the Magistrate hearings earlier. The violators were good citizens. Accidentally breaking the law is still breaking the law. Commissioner Katz pointed out in this instance, the facts and the video evidence are conclusive they violated the law. The Chief and Sergeant say the program is good and ATS is willing to come to the table. Commissioner Katz moved to table the item for 30 days to give time to look at the additional benefit of the LPRs and real time readers. Mayor Grant seconded the motion. Vote The motion failed 2 to 3 (Vice Mayor McCray, Commissioners Casello and Romelus dissenting.) Commissioner Romelus commented she reconsidered her vote. She was endorsed by public safety and removing the cameras was to provide for the Police Department and better fund it. Her priority is to protect residents and citizens making sure they get the best "bang for the buck". If they are going to spend money on programs that have a deficit, they should use the money for other resources to help fund the Police Department so they will be available when they are needed in the City. Motion Commissioner Casello moved to terminate the ATS contract. Vice Mayor McCray seconded the motion. 27 Page 958 of 1471 Meeting Minutes City Commission BoXnto,t Beach, Florida I=- September 8, 2016 The motion passed 3-2 (Mayor Grant and Commissioner Katz dissenting.) 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R16-113 - Approve the Interlocal Agreement with the Town of Ocean Ridge for the provisions of Fire Suppression, Emergency Medical and Fire Life Safety services for the term October 1, 2016 through September 30, 2028. Ms. LaVerriere explained the City has had an Interlocal Agreement with Ocean Ridge for the past 12 years. The contract had a 12 -year term to provide fire and rescue services and the contract expired. Ocean Ridge was pleased with the City's services. Staff recommended entering into a new Interlocal Agreement. Chief Joseph noted there were minor language changes which were made. Commissioner Casello asked about the call volume on average and learned so far this year there were about 178 calls. Ms. LaVerriere explained the value of the contract is $1,058,000 with a built in 4% escalator clause. The contracts are revisited every three to four years, which worked out well. Commissioner Casello moved to approve. Vice Mayor McCray seconded the motion. Vote The motion unanimously passed. B. Vice Mayor McCray has requested to discuss the start time of the Holiday Parade, currently scheduled for Saturday, December 3 at 1 1:00am. Vice Mayor McCray explained they needed to decide a time to light the Christmas Tree and he thought the parade time should be changed and the lighting of the tree should be done on the same day. He wanted to hold the parade at 3 p.m. Wally Majors, Recreation and Parks Director, explained the change was they could delay the start of the parade for an hour or two if it rained. If the parade starts at 3 p.m., there is no room to delay. It gets dark fairly early and they have crews removing barricades and picking up equipment. Vice Mayor McCray commented the intent at 3 p.m. was to coincide with the lighting of the tree. Last year was the first time the parade was rained out. Vice Chair McCray explained the parade always started late and they did not have a problem before. Ms. LaVerriere also explained because of the construction of 500 Ocean, they had to change the route. They were starting at 12th coming up to Ocean. It is very dark as the area was not well lit. PW Page 959 of 1471 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Vice Mayor McCray moved to have the holiday parade at 3 p.m. on Saturday and the tree lighting after that on December 3rd. He disagreed with the lighting on Seacrest Boulevard. Ms. LaVerriere commented the tree lighting is a CRA event. The parade will stay on Saturday and they will have to deal with the CRA to move the concert from Friday to Saturday night, Commissioner Casello suggested this one last time, they do what they have been doing and next year they return to the 3 p.m. parade start and have the tree lighting on the same day. Vice Mayor McCray suggested the parade start at 2 p.m. Vote The motion died for lack of a second. 13, COMMUNITY REDEVELOPMENT ADVISORY BOARD B. Pending Items 1. City Services Survey for the CRA C. New Assignments -- None 14. LEGAL A. PROPOSED ORDINANCE NO. 16-020 - FIRST READING - Amending Chapter 18, Article IV of the Boynton Beach Code of Ordinances entitled Pension for Firefighters. i 1 1111; 1 1 111 i I I IN I I 1 11 •i;jq%1][•W2g[jj Vice Mayor McCray moved to approve. Commissioner Casello seconded the motion. Mayor Grant wanted to know if there was any collective bargaining regarding the DROP program and wanted to speak with Human Resources before they approve it. Commissioner Casello explained this item only allows the person to borrow their own money. Mayor Grant explained currently they cannot talk about the DROP program, but they could if they bring it to Human Resources. It would allow the City Commission to ascertain if seven percent in perpetuity was the best deal when the City is expecting to get 7.5%. He wanted Human Resources to discuss the DROP program with the Fire Trustees. He thought the DROP program will drain the pension because the City cannot afford 7% if there is a downturn in the market. 9.*] Page 960 of 1471 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 Vice Mayor McCray explained they are borrowing funds against the money that is already allocated to them after they have retired. Mayor Grant agreed, but explained it is collective bargaining because current employees are asking for it for the retirees. Moving forward, it would give them more information if Human Resources speaks with them. He thought it was great for retirees before the age of 59.5 to not have to take a penalty. It would give them a tool to discuss the problems with the pension because the money they take away from the DROP means they cannot earn the .5% interest the City expects to make Interim City Clerk Pyle called the roll. Vote The motion passed 4-1 (Mayor Grant dissenting.) 15. FUTURE AGENDA ITEMS A. Upon successful negotiations, the Commission will ratify the IAFF, SEW and PBA union contracts -TBD B. City Commission to review Legislative Priority List for upcoming Legislative Session - November, 2016 C. City Commission's ratification of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2016-2017. - September 20, 2016 D. Monthly Departmental Presentations: Development - September 2016 Fire - October 2016 Human Resources - November 2016 City Clerk - December 2016 Library - January 2017 Communications/Marketing - February 2017 E. PROPOSED ORDINANCE NO. 16-018 - SECOND READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State - Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. (TBD upon return with State approval) ME Page 961 of 1471 Meeting Minutes City Commission Boynton Beach, Florida September 8, 2016 F. Summary of legal expenses for month of August 2016, for informational purposes - September 20, 2016, G. Items from CRA Board meeting in connection with Ocean Breeze East Project - NuRock Developers: Sale of CRA land for less than market value Interlocal agreement with CRA for required Local Gov't Contribution September 20, 2016 H. City Commission at the July 19, 2016 meeting requested that legal review the outstanding legal issues that involve the District and update the City Commission - TBD Surprise Motors - Pioneer Auto Care (COOS 16-004) - Approval of request for Conditional Use for automotive sales accessory to an automotive repair facility in the M-1 (Light Industrial) zoning district, located at 401 N. Railroad Avenue - 09-20-16 Futures Automotive (COUS 16-005) - Approve request for Conditional Use for automotive sales in the PID (Planned Industrial Development) zoning district, located at 121 Commerce Road. Applicant: Jorge Rodriguez of 2 JEM LLC. - 09-20-16 16. ADJOURNMENT There being no further business to discuss Vice Mayor McCray moved to adjourn. Commissioner Casello seconded the motion. =-7 (Continued on next page) 31 Page 962 of 1471 ffieeting rflinut- •• • Commissio Boynton Beach, Florida ATTEST ,rA. Pyle, CMC,// im City Clerk Catherine Cherry Minutes Specialist 99 6117 =W 1 74M-*jwZ11r-1 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 963 of 1471 1=1*1400 Mayor Steven Grant Vice Mayor Mack McCray Justin Katz, Commissioner Christina L. Romelus, Commissioner Joe Casello, Commissioner Lori LaVerriere, City Manager Jim Cherof, City Attorney Judith A. Pyle, Interim City Clerk A. Call to order — Mayor Grant Steven B. Grant Mayor Grant called the meeting to order at 6:00 p.m. Invocation: Chaplain Brannon, Fire Department Chaplain Brannon gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Christina Romelus Commissioner Romelus led the Pledge of Allegiance to the Flag F.T41111INW-1w Interim City Clerk Pyle called the roll. A quorum was present. Additions, deletions, corrections None Adoption Motion Vice Mayor McCray moved to approve. Commissioner Katz seconded the motion. Page 964 of 1471 Meeting Minutes Special City Commission Boynton Beach, Florida TIL• The motion unanimously passed. 2. OTHER September 13, 2016 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS 4. PUBLIC AUDIENCE Individual speakers will be limited to 3minute 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 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 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 puyblic hearings in its dual capacity as Local Planning Agency and City Commission. A. Conduct a Public Hearing to adopt the Final Assessment resolutuion for the FY 2016-2017 Fire Assessment. PROPOSED RESOLUTION NO R16-114 2 Page 965 of 1471 Meeting Minutes Special City Commission Boynton Beach, Florida September 13, 2016 Commissioner Romelus moved to approve. Commissioner Katz seconded the motion. Tim Howard, Assistant City Manager, explained the matter before the Commission was the adoption of a Resolution for the annual Fire Assessment to reconfirm it for the upcoming year. The rates did not change from the prior year. It is $100 per residential unit, and a square footage amount for commercial, industrial, warehouse, institutional, and nursing home. The estimated revenue from the Fire Assessment going into the General Fund from residential and commercial units was $5.6 million net for the year. The Resolution included two allowable exemptions or hardships. One is called a hardship for residential units. The updated application is included with the Resolution. It will be available tomorrow on the website, social media, hard copies will be in City Hall, Library, Recreation Centers, and applicnts have until Octobe 18th to fill the paperwork out and submit it back to Mr. Howard's office. They will be reviewed and either approved or disapproved. The other credit is a Mobile Home Vacancy credit as the City has one mobile home park that takes advantage of it. Anyone who got an exemption last year will get a letter from the Finance Department with a new application indicating they received the exemption last year and asking if they wanted to apply for the exemption again this year. This is a courtesy to those that received it last year. Commissioner Casello asked if an advertisement could be placed in the newspaper. Mr. Howard responded a press release was scheduled for tomorrow and staff promotes it as much as possible at City facilities. Mayor Grant opened the issue for public comments. No one came forward. Vote The motion passed 4-1 (Vice Mayor McCray dissenting.) 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None 12. NEW BUSINESS - None 13. COMMUNITY REDEVELOPMENT ADVISORY BOARD - None 14. LEGAL - None 3 Page 966 of 1471 Meeting Minutes Special City Commission Boynton Beach, Florida 15. FUTURE AGENDA ITEMS - None z =.. September 13, 2016 There being no further business to discuss, Vice Mayor McCray moved to adjourn. Commissioner Romelus seconded the motion. The motion unanimously passed. The meeting was adjourned at 6:05 p.m. ATTEST lea Jud A. Pyle, CMC Int frrim, City Clerk Catherine Cherry Minutes Specialist 4 r441wAr61=-.1* YAl"IfelaA., A Mayor - Steven B. Grant Vice Mayor - Mack McCray Commissioner - Justin Katz Commissioner - Christina Romelus Commissioner - Joe Casello Page 967 of 1471 7.A. BIDS AND PURCHASES OVER $100,000 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve the City of Boynton Beach piggyback of the City of Plantation Agreement (ITB No. 016-16) with Allied Universal Corporation for the Supply and Delivery of Sodium Hypochlorite for an estimated annual expenditure of $325,000. The City of Plantation complied with government bid requirements equal to and/or exceeding the City of Boynton Beach requirements. EXPLANATION OF REQUEST: BID TERM: OCTOBER 20, 2016 TO OCTOBER 19, 2017 Sodium hypochlorite is critical to the water treatment process as it is combined with ammonia to form chloramines, which kill bacteria in water. The City of Boynton Beach has been purchasing sodium hypochlorite from Allied Universal for many years and has been pleased with the product and service. The City of Plantation has just awarded a contract to Allied Universal Corporation based on the competitive Bid No. 016-16. The awarded bid pricing is $.518/gallon for full truckloads of the chemical. This contract may be renewed for four (4) additional one-year terms with the same terms, conditions and specifications. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Water quality is of critical importance to the Utilities Department. Reduced or no chlorine usage would pose great risks to public health and would prevent the water treatment plants from meeting State and regulatory water quality standards. FISCAL IMPACT. Budgeted Funds for the purchase of this chemical are budgeted and available in account 401-2811-536-52-28. The on-site generator (OSG) used to produce chlorine at the East Water Treatment Plant is in need of repairs and the Utilities Department has decided to purchase bulk chlorine rather than repair the OSG. Previously sodium hypochlorite was purchased for the West Plant only; the increased expenditure for Fiscal Year 2016 is a result of the out -of -service OSG at the East Water Treatment Plant and that the East Plant is now purchasing its sodium hypochlorite. Expenditures for FY 2014: $124,023 Expenditures for FY 2015: $143,106 Expenditures for FY 2016 to date: $337,064 ALTERNATIVES: The City could issue a bid for sodium hypochlorite, but staff recommends piggybacking the bid for the City of Plantation since the per gallon pricing is $.14/gallon lower than our current pricing which was based on the PBC bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 968 of 1471 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Letter D Tab Sheets D Piggy -Back D Piggy -Back D Agreement REVIEWERS: Department Finance Legal Finance City Manager Description Award Letter Tabulation Sheet City of Plantation Permission to piggyback Allied permission to piggyback Plantation Agreement between Plantation and Allied Reviewer Action Date Howard, Tim Approved 9/13/2016 - 3:41 PPA Swanson, Lynn Approved 9/14/2016 - 8:32 AKA Howard, Tim Approved 9/14/2016- 11:13 AKA LaVerriere, Lori Approved 9/15/2016 - 4:46 PPA Page 969 of 1471 00aC"*uF THE MAYOR Diane Veltri Bendekovic, Mayor FS1fUTTTNp"-11U971MT*W - L Anna C. Otiniano Director WFIF-1150 To Allied Universal Corp. 3901 NW 115 Avenue Miami, Florida 33178 ! M. CITY COUNCIL Ron Jacobs, President Peter S. Tingom, President Pro Te Dr. Robert A. Levy Lynn Stoner Chris Zimmerman, AIA =70=17y C=11 MIMEl 1'•vemenuonednfb for=eSuffry and Delivery of Hypochlorite" at their July 13, 2016, to Allied Universal Corp. i RMIMMU"lle contact -Mg yak -to -e -Te F-Ve—ai1 11 contract/ Please understand this is your formal Notice of Award dated July 18, 2016. The City of Plantation looks forwal to working with Allied Universal Corp. 400 NW 73rd Avenue * Plantation, Florida 333 954.797.2647 * www.plantation.org i Page 970 of 1471 im s YO a C p ro bo bo �+ w w CL Q V1 co Ln N Li Le O � in E a a+ s o 0 Y � 7576 0� h 0 H CJ Cl CLCLI Hw L_n O vii m z O O VF t!F a c c m 0 a CC C m 0 a u CL c 0 O V 7 'E (6 a N a 0 r° alN N N N C C 7 0 Alibrandi, Julianne From: Spencer, E77-ard "Charles" <ESpencer@plantation.org> Sent: Tuesday, September 06, 2016 11:25 AM To: Alibrandi, Julianne Subject: RE: Permission to Piggyback Sodium Hypochlorite Bid Attachments: Award Lefter.pdf, Executed Agreement.pdf Good Morning Juhanna- The City of Plantation has no objections to the City of Boynton Beach "pi ggV-backing" ITB No, 016-16; Supply and Delivery Sodium Hypochlorite contract; and hereby approves the City of Boynton Beach to utilize/piggy-back said contract. If any additional information is needed, please do not hesitate to contact me. Thank you, Charles Spencer Jr. FCCN, FCCM Procurement Administrator Ph. (954) 797-2647 Fax: (954) 797-2649 From: Alibrandi, Julianne [mailto:Alibrandde bh111111 Sent: Tuesday, September 06, 2016 10:41 AM To: Spencer, Ezzard "Charles" Owbiztt: ft- n r&.r3im r-c#-ft&f �, erc k 3 Hello Charles, Thank you for taking the time to speak with me regarding the Sodium Hypochlorite Bid for Plantation. You provided me with very helpful information! The City of Boynton Beach is requesting permission to piggyback the City of Plantation Bid for "Supply and Delivery of Sodium Hypochlorite", Bid no. 016-16. We are also requesting a copy of the contract and award letter. Thanks so much for all your help, and please do not hesitate to ask if I may return the favor. Julianne Alibrandi Senior Buyer Financial Services El City of Boynton each 100 E. Boynton each Blvd. I Boynton each, Florida 33435 o: 561-742-6322 Aklibrandid cabbflus I AyvwJL(,) r torldbearhioLg Z5= il =4_47ew to disclosure. Under Florida records law, email addresses are public records. Therefore, your e-mail communication ,rnd your e-mail address may he subject to public disclosure. Under Florida law, ernail addresses are public records. If you do not want YOUr email address, released in responseto a public records reqUest, do riot send your electronic mail to this entity. Inste d, contact, this office by phone or in writing. Page 972 of 1471 3901 NW 115 Avenue Miami, Florida 33178 305-888-2623 office 30"-463-8369 fax City of Boynton Beach September 9; 2016 Julianne Alibrandij Senior Buyer Financial Services 100 E. Bouton Beach Blvd Boynton Beach, FL 33435 Email: alibrandij@bbfl.us Re: ITB No. 016-16 Sodium Hypochlorite, ;Liquid Dear Julianne: Please use this letter as confirmation that Allied Universal Corporation will allow the City of Boynton Beach to piggyback on the City of Plantation for Sodium Hypochlorite, with pricing listed below, Sodium Hypochlorite/Bulk $0.518/Gal. (Full Truckloads 4500 Gallons) This bid award was approved by City of Plantation on July 18, 2016. The term of this "piggyback" agreement is from October 20, 2016 to October 19, 2017, during which the City of Boynton Beach agrees to purchase from Allied all of the City of Boynton Beach's sodium hypochlorite requirements for: Estimated yearly volume 535,000 gallons. If you are in agreement with this offer along with the terms and conditions as stated on the original bid, and wish to be included in this Bid contract please signify by signing this letter and returning by September 30, 2016 by fax to (305) 463-8369 or email to markcCa)alliedunviersal.com I look forward to hearing from you. Sincerely, ACCEPTED: �Yj . .... Customer: _ Ma Car son Vice President of Sales By: _ Title: cc: Jim Palmer, AUC President/CEO Bernie Greenberg, AUC Sales Rep Raphael Fernandez, Director of Inter, Sales, Date: OEM 3901 NW 115 Avenue gm; ffi 9501 Rangeiine Road 30 Neii Cunn Drive 5215 W. Tyson Avenue Miami, Florida 33178 Ft. Pierce, Florida 34987 Ellisville, MS 39437 Tampa, Florida 33611 305-888-2623 772-464-6195 601-477-2550 813-832-4868 8350 NW 115 Avenue 204 SCM Road 1405 Possum Hollow Road 2100 Port Road Miami, Florida 33166 Brunswick, GA 31525 Ranger, GA 30734 West Memphis, AR 72301 305-888-2623 912-267-9470 706-334-7377 870-73 ¢7e 973 of 1471 AgREEMENT This Agreement is dated'as of the L 1st day Of LAM-MaIJ, in the year 20IL6A, by and between: U11-*F-P1�7 *4TA�TJOM, FLORIDA a municipal corporation 400 NW 73rd Ave Plantation, Florida 33317 (hereinafter referred to as City) AND Wlied Universal Corporation 901 NW 115 Avenue is i, Florida 33117� (Hereinafter referred to as Contractor) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter se I Orth, agree as follows: I Article I �-WORK 71ie CON7RACTOR SMI complete all Work as specified or indicated in the Contract documents for the project entitled: City of Plantation u and deliu,", o - and generally described as follows but not limited to: 0 The purchase and delivery of Sodium Hypochlorite in bulk and less than tanker loads to various locations throughout the City of Plantation for the Utilities Department. 4 as fin-ther defined in the SPecification/Scope of Services Arkle 2 - ENCTINEER 41 The OWNER has engaged WIA � who is hereafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGMER in the Contracts Documents in connection with completion of the work in the Contract Documents. N/A accordance with Page I of 11 Revised 9/2014 Page 974 of 1471 PaYruent. Invoices will generally be paid within thirty (30) days following the City representative's approval. Ei�n-al -Invoice. In order for both parties herein to close their books and recor[qMk,!- w c ear y s ate voice on the Contractor's final/last billing to the city. This certifies that all services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any and other fin-ther charges, if not properly included on this final invoice, or which are in excess of the not to exceed amount, are waived by the Contractor. Progress payments and retainage and final payment provisions are provided for in the Contract Documents. Generally, these documents call for monthly progress payments for approved Work completed less 10% retainage. The balance of the final contract sum shall be due to the CONTRACTOR from the within 21 days after Final Completion. The Florida Construction Contract Prompt Payment Law shall govern payments made pursuant to this Agreement. Any conflict shall be resolved consistent with the law. Article 5 - CONTRACTOR 111,1 REPPERELSENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations, in addition to the representations made in the contract documents as referenced in Article 19. A. CONTRACTOR has familiarized themselves with thenature and extent of thc� Contract Documents, Work, locality and with all location conditions and Federal, State and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. B. CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Contract Documents. C. CONTRACTOR has made or caused to be made examinations, investigations, tests and studies of such reports and related data in addition to those reference to in Article 5 of the General Conditions as amended by Supplementary Conditions, if any, as they deem necessary for the performanceof the Work at the Contract Price, within the Contract Time and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, test, reports or similar data are or will be required by CONTRACTOR for such purposes. CONTRACTOR has correlated the results of all such observationsm, examinations investigations, tests, reports and data with terms and conditions of the Contract Documents. Page 3 of I I Revised 9/2014 Page 976 of 1471 11AE". CONTRACTOR has given ENGINEER written notice of all conflicts, en -ors or discrepancies that the CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to the CONTRACTOR Article 6 — RECORDS AND AUDIT TM -T We recor—d—s—o1-UWa'X�,,A,-# R ii=M"MAY- time during the performance and term of the Agreement and for a period of three (3) years after completion and acceptance by CITY. If required by CITY, CONTRACTOR shall agree to submit to an audit by an independent certified public and review the records of CONTRACTOR at any and all times during normal business hours during the term of this Agreement. CONTRACTOR agrees that it shall keep accurate and complete records with regard to all services as proposed hereunder. All original records related to the services provided under the terms of Agreement are the property of CITY and accordingly thqse records are subject to the Florida Public Records Law. CONTRACTOR shall not release any City records without written vermission. from Citt ex as rLe —114641IL&I W of the duties and responsibilities required to comply with terms of any Agreement between parties. MULM to Lae services provided under this Agreement. The records will be made available during normal business, rcours upon twenty-four hours notice by the CITY. 61MMID122"I I "It CONTRACTOR and its employees, volunteers and agents shall be and remain as irlder? .,endent contractors and"a ents and services performed by and under the terms of the Agreement. This Agreement shall not in any way be constructed to create a partnership, association or any other Idnd of joint undertaldng or venture between the parties hereto. Article 8 — CONFLICT OF INTEREST CONTRACTOR covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. CONTRACTOR ftwther covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests, on the part of CONTRATOR or its employees, must be disclosed n. to CITY. Ua,-,-e 4 of I I Revised 9/2014 Page 977 of 1471 WONTR ACTOR is aware of the rag r4r, r4 CONTRACTOR warrants that it has not employed or retained any person employed by CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to R ay, any public official or person employed by CITY any fee, commission, percentage, brokerage fee or gift of any End, contingent upon of resulting from the award of this privilege. Article 9 - ASSIGNMENT The Agreement is not assignable or transferable in whole or in part without the prior expressed written consent of the CITY which consent cannot be unreasonably withheld. Article 10 - COMPLIANCE WITH LAWS CONTRACTOR shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida, City of Plantation and of any other public authority, which may be applicable to this Agreement. The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. ArticIL1- r1- ile 12 - PERMITS. FEES AND NOTICES CONTRACTOR shall use its best efforts to obtain the necessary permits as soon as possible after the Notice to Proceed is issued. Any delays--iTL*Vtq- p J- Agicle 1-1 - INSOLVENCY In the event that either party shall become insolvent, make a general assignment for the benefit of creditors, su ' ffers or permits the appointment of a receiver for its business or its assets or shall avail itself of, or become subject to, any proceeding undi�r the Federal Bankruptcy Act or any other statue of any state relating to insolvency or the protection of rights of creditors, or become subject to rehabilitation, then, at the option of the other party anR immediately upon written notice, this Agreement shall terminate and be of no further fRrce effect. 11- ENTIREAGREEMENT Page 5 of I I Revised 9/2014 Page 978 of 1471 ti This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed otnor artmay any of the terms hereof be waived, except by a vMften instrument executed by b p Tb or violation of or to insist on stlict Performance of any the failure of a party to seek redress f h ies. e covenant, term, condition or election but the same shall continue and remain in full force and effect. cle 15 - _SERV�ERA�BILIW� Should any Part, term Or Provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. During the Performance of this Agreement, CONTRACTOR shall not discriminate against any employee or applicant for employment because of rae origin. The CONTRACTOR will take affirmative e, religiO% color, sex or national action to ensure or onational original, Such actin much includes, but not be limited to, the following: employrnen� upgrading; demotion Or transfer; recruitment or recruitment advertisin& Iayoff Or terminati0n, termination; rates of Pay Or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR shall agree to Post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting o C tti Provisions of this nondiscrimination clause. ffi er se 119 forth the Aiticle 17 - ri TUT TT A -rIYE REMEDIES The remedies expressly provided in this Agreemento CITY shall not be deemed to be exclusive, but shall be cumulative and in addition to all other remedies in favor of CITY now or hereafteT existing at law or in equity. Article I R - TPM UTKT A " L ON Upon seven (7) calendar days written notice delivery by certified mail, return receip,, requested, to the CONTRATOR, CITY may without cause othand without prejudice to any er right or remedy, terminate the Agreement for the CITYS convenience whenever the MY determines that such termination is in the best interest of the CW. Where the Agreement is terminated for the convenience of the er CITY the notice of tmination to the CONTRATOR must state that the Agreement is terrm' I I Pr 11 Y� Page 6 of I I Revised 9/2014 Page 979 of 1471 Article 19 - fONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR, are attached to this Agreement, made a part thereof and consist of the following: 9100E�* W- D. Supplementary Conditions, if any I F. Specifications bearing the project title G. Drawings bearing the project title VfnecessarA H. Addenda numbers � 0 � to 6 1 �, I. Documentation and proposal submitted by CONTRACTOR prior to Notice of Award J. Any Written Amendments, Change Orders, or Work Change Directives duly delivered after execution of Agreement K. The Instructions to Bidders The Insurance Coverage's and Bonds required by the Contract Docum,w These are no otluw C -n ::: :Xlt 11 1 !!! I, cle 20 - MISCELLANEOUS A. Terms used in this Agreement which are defined in Article I of the General Conons shall have the meaning indicated in the General C�onditions, or as amended in Supplementary Conditions B. The CONTRACTOR warrants that no elected official, officer, agent or employee of the CITY has financial interest directly or indirectly in this Contract or the compensation to be paid under it, and finther, that no City employee who acts in the City of Plantation as a "purchasing agent" as defined by §112.312(20), Florida Statutes, nor any elected or appointed officer of the City of Plantation, nor any spouse or child of such purchasing agent employee or elected or appointed officer, is a partner, officer director, or 11age 7 of I I Revised 9/20f4 - Page 980 of 1471 proprietor of the CONTRACTOR, and further, that no such City employee purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the CONTRACTOR. Material interest means dire - of i-I'di 19 Cf -ff C. The CONTRACTOR and OWNER designate the following persons who shall receive notices pursuant to the Contract Documents: For the OWNER: The Honorable Diane Veltri Bendekovic, Mayor City of Plantation 400 NW 73rd Avenue Plantation, Florida 33317 With copy to: huck Flynn, Utilities Department Dlrecto� City of Plantation kOO NW 73,4venue Plantation, Florida 33317 0 City Clerk City of Plantation 400 NW 73rd Avenue PJa�ft!?jj*-r,FI,y4 For the CONTRACTOR: 41lied Universal Corporation [3901 NW115Avenu4 [Miami, Florida 3317c� [CristhianneMungui4 411 notices and other communications required or pen-nitted under this Agreement shall be in writing and given by: ago . -• - - 0 Page 981 of 1471 I 0 or to such other address as any Party may designate bynotice complying with the terms of this section. Each such notice shall be deemed delivered: A n the date delivered if by personal rt jLr O-M--T=rece'Pt Is signed or delivery is refused or thenotice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and MMie dat of transmission with con_b_ Ole ��qq �21 in the event Of conflict between this Agreement and terms IYTB No- 016-16b, the terms of this Agreement shall control. and conditions in IN WITNESS WHEREOF THE CITY OF PLANTATION AND kLM UNIV E RS �BATIQ� have si ' '4L gned this AGREEMENT(S). One r delivered to the CITY and CONTRACTOR 'ounterpart each has been 0 -MOM F u�s to Contract 7011�5 Page 982 of 1471 witriess: As to Procurement Requir DepartMent did (did not) take an oath, Yh WITNESS my hand and official seal this A—f day.of My commission expires: Page 983 of 1471 Witne.au- STATE OF FLORIDA VnTNESS my hand and official seal this q 3 day ofjqz4- -1 201 MY commission expie,,: Mv CA, jMMj,,q 15319001-14001 OMERM Page 984 of 1471 7.B. BIDS AND PURCHASES OVER $100,000 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve the City of Boynton Beach piggyback of the Palm Beach County Bid No. 16-043/ZG for the purchase of Sodium Chloride, Solar Salt Quality, with Morton Salt, Inc. Palm Beach County complied with public bid requirements equal to and/or exceeding the City of Boynton Beach requirements. The anticipated expenditure for the purchase of sodium chloride for a one-year period is $125,000. EXPLANATION OF REQUEST: BID TERM: AUGUST 20, 2016 TO AUGUST 19, 2017 On-site chlorine generators (OSGs) were installed at both the East and West Water Treatment Plants; only the West Plant OSG is operational at this time. Sodium chloride (salt) is combined with water to produce a brine solution which, in turn, is used by the OSG to generate sodium hypochlorite (liquid chlorine) via electrolysis. This process requires the procurement of sodium chloride in large quantities. By piggybacking the PBC Bid, the City receives the lower pricing based on the much larger quantities used by the County. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By piggybacking the Palm Beach County Bid, the City will procure the large quantities of quality salt required for use in the soon to be completed Magnetic Iron Exchange Plant. The bulk solar salt is used in the water treatment process to insure quality drinkable water for Boynton Beach residents and Utilities Department customers. FISCAL IMPACT. Budgeted Funds for the purchase of this chemical are budgeted and available in account 401-2811-536-52-35. Expenditures for FY 2014: $55.450. Expenditures for FY 2015: $50,400. Expenditures for FY 2016 to date: $ 9,360. ALTERNATIVES: The City could issue a bid for sodium hypochlorite, but staff recommends piggybacking the bid for Palm Beach County to secure the quantity lower pricing of $125.50 per ton. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 985 of 1471 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Letter D Bid D Piggy -Back D Attachment REVIEWERS: Department Finance Legal Finance City Manager Description PBC Award Letter to Morton Salt Morton Salt Proposal Morton offer to piggyback PBC PBC Commission Agenda Reviewer Action Howard, Tim Approved Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 9/13/2016 - 3:39 PPA 9/14/2016 - 8:31 AKA 9/14/2016 - 11:13 AKA 9/15/2016 - 4:46 PPA Page 986 of 1471 August 16, 2016 Form L Purchasing Department 50 SOLIth Nlifitary'fi,ail, Suite 110 1 Morton Salt, Inc kVest PaIrti Beach, FL 33415-3199 1 Monika Niemiec, Assistant Business Segment Manager (561) 616-6800 123 North Wacker Drive FAX: (5bl) 616-6811 Chicago, IL 60606 wk,k,w.pbcgov,cotiifptnrcbasing TERM CONTRACT #16043 Dear Vendor: This is to inform you that Palm Beach County Board of County Commissioners ("County") is entering into a Term Contract with your company for SODIUM CHLORIDE, SOLAR SALT QUALITY, BULK DELIVERY based on: Palm Beach County [ X ] SOLICITATION #16-043/ZG Board of County Commissioners The term of this contract is 08120/16 through 08/19117, and has an estimated dollar Mary Lott Berger, Nlayoj value of $451,800. Hal R Valeche, Vice mayor If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire 11aulette BLUdick term of the contract, including any renewals or extensions thereof. Shelley Valla County User Departments will issue individual "Delivery Orders" against this Steven L. Abiariis contract as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO ,Niciissa mci<iritay 680 XY030306000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for llriscilla A. Taylor the County to make payment, the Vendor's Legal Name; Vendor's Address; and Vendor's TIN/FEIN Number on the Vendor's bidiquote/response must be exactly the same as it appears on the invoice and in the County's VSS system that can be accessed at https:f/pbcvssP.Co.palm-beach,fl.us/web a pp/vss P/AltS e IfSery ice. Failure to comply with the foregoing may result in a delay in processing payment. County Administrator Verderiia C. Baker If you have any questions, please contact ZuIma Gasca, Senior Buyer at z_qascaCa_)pbcqpv.org or (561) 616-6848. ,_ _ _ �irAerely, leen W.carle �ttor lire tor c: Vernetha Green, Water Utilities File "A 7 Equal OpporEwuly ,11.firwanvc,lcion Employer" 4 printed on tecycled pipet Page 987 of 1471 Page 13 BID RESPONSE BID #1 6-043/ZG SODIUM CHLORIDE, SOLAR SALT QUALITY, BULK DELIVERY, PURCHASE AND DELIVERY OF, TERM CONTRACT ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL OFFER NO. FIRM NAME: (Enter the entire legal name of the bidding entity) 12 MONTH Morton Salt, Inc. 6/13/16 PRINT NAME: Monika Niemiec *S1%G*NATURE://04,9X, QUANTITY ADDRESS: 123 N Wacker Dr. 1. SODIUM CHLORIDE, GRANULAR, SOLAR SALT E-MAIL-. bids@mortonsalt.com TOLL FREE # (855 665-4540 FAX #: (312 ) 807-2669 APPLICABLE LICENSE(S) QUALITY, BULK DELIVERY in accordance with 3,600 TON $125.50 $451,800.00 AWWA #13-200 Standards as specified herein. All unit prices bid should be within two (2) decimal points. If bidder's pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly. Acknowledge Non -Discrimination Policy Form is included as specified herein? YES/INITIAL LMZ Acknowledge Qualification of Bidders information is included, per Term and Condition #9? YES/INITIAL _t -W Acknowledge Criminal History Records Check requirement, per Term & Condition #10? YES/INITIAL LLX2 Acknowledge Insurance requirements, per Term and Condition #20? YES/INITIAL * PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR BID) By signature on this document, bidder acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County's bid solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to this date of submittal. Per General Term and Condition #7, if bidder is a Joint Venture for the goods/services described herein, bidder shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE: Morton Salt, Inc. 6/13/16 PRINT NAME: Monika Niemiec *S1%G*NATURE://04,9X, PRINT TITLE: Asst. Business Segment Manager ADDRESS: 123 N Wacker Dr. CITY/ STATE: Chicago, IL ZIP CODE: 60606 TELEPHONE# ( E-MAIL-. bids@mortonsalt.com TOLL FREE # (855 665-4540 FAX #: (312 ) 807-2669 APPLICABLE LICENSE(S) NUMBER # TYPE: FEDERAL 1p # 27-3� Andrea Carlson Brand Manager, Food Processing and Food Service Page 988 of 1471 Page 14 QUALIFICATIONS OF BIDDERS REFERENCES FOR SOLICITATION #16-043/ZG Bidder shall list references in accordance with the requirements set forth in the Qualifications of Bidders. REFERENCE NAME: City of Boca Raton, Boca Raton ADDRESS: 201 W Palmetto Park Rd CONTACT NAME: Lynn Kunkel CONTACT INFORMATION: PHONE: CELL PHONE: FAX: EMAIL: kunkel@ci.boca.raton.fl. is SCOPE OF WORK: Furnishing and Delivery of Salt CONTRACT DATES: 5/11/16 thru 4/30/16 REFERENCE NAME: City of Daytona Beach ADDRESS: CONTACT NAME: 3651 Lpga Blvd., Daytona Beach, FL 32124 Joanna Flick CONTACT INFORMATION: PHONE: CELL PHONE: FAX: EMAIL: purchasing @codb.us SCOPE OF WORK: Furnishing and Delivery of Salt CONTRACT DATES: 10/1/15 thru 9/30/15 REFERENCE NAME: Hillsborough CountyNo Bid ADDRESS: CONTACT NAME: Brett A. Bangert CONTACT INFORMATION: PHONE: 813-301-7088 CELL PHONE: FAX: EMAIL: SCOPE OF WORK: Furnishing and Delivery of Salt I I CONTRACT DATES: 8/20/15 thru 6/30/1/6 Page 989 of 1471 CERTIFICATION OF BUSINESS LOCATION BID #16-043/ZG In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) bidders having a permanent place of business in Palm Beach County ("County") or (2) bidders having a permanent place of business inthe Glades thatare able to provide the goods and/or services to beutilized within -the G|edan. To receive local preferenma, bidders must have o permanent place of business within the County urthe G|adaa, as applicable, prior to the County's issuance of the solicitation. A Bun|nomo Tex Receipt which is issued by the Palm Beach County Tax CoUeokor, authorizes the bidder to provide the d /o ibeing |i it d by the County, d will be used to verify that the bidder had a permanent place of business prior to the issuance of the solicitation, The bidder must submit this Certification of Business Location e}omQ with the required Business Tax Receipt at the time of bid or quote submission. The Business Tax Receipt and this Certification are the eo|n determinant of local preference eligibility. Errors in the completion of this Certification or failure tosubmit this completed Certification will cause the bidder to not receive |noo| preference. In instances where the bidder in exempt by lawfrom the requirement of obtaining a Business Tax Receipt, the bidder must: (a) provide a citationjo,the specific statutory exemption; and (b) provide other documentation which clearly establishes that the bidder had opermanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The County hereby retains the right to oonLmd said bidders for additional information related to this requirement after the bid/quote due date. Bidder isa: Local Business: A local business has epermanent place ofbusiness in Palm Beach County. (Please indicate): Headquarters located inPalm Beach County Permanent office nrother site located inPo|mBeach County from which avendor will produce msubstantial portion ofthe goods mrservices. Glades Business: AGlades business has opermanent place of business in the Glades. (Please indicate): Headquarters located inthe Glades Permanent office orother site located inthe Glades from which a vendor will produce asubstantial portion nfthe goods nrservices, The attached copy of bidder's County Business Tax Receipt verifies bidder's permanent place of business. THIS CERTIFICATION is submitted by (Name mfIndividual) of (Title/Position) (Firm Name of Bidder) as who hereby certifies that the information stated above in true and correct and that the County Business Tax Receipt ks atrue and correct copy Vfthe original. Further, it ishereby acknowledged that any misrepresentation by the bidder on this Certification will be considered an unethical business practice and be grounds for sanctions against future County business with the bidder. (Signature) (Date) Page 990 of 1471 Cage 16 DRUG-FREE WORKPLACE CERTIFICATION BID #16-043/ZG IDENTICAL TIE BIDS/PROPOSALS - In accordance with Section 287.087, F.S., a preference shall be given to vendors submitting with their bids/proposals the following certification that they have implemented a drug-free workplace program which meets the requirements of Section 287.087; provided, however, that any preference given pursuant to Section 287.087, shall be made in conformity with the requirements pursuant to the Palm Beach County Code, Chapter 2, Article III, Sections 2-80.21 thru 2-80.34. In the event tie bids are received from vendors who have not submitted with their bids/proposals a completed Drug -Free Workplace Certification form, the award will be made in accordance with Palm Beach County's purchasing procedures pertaining to tie bids. This Drug -Free Workplace Certification form must be executed and returned with the attached bid/proposal, and received on or before the published bid submission time to be considered. The failure to execute and/or return this certification shall not cause any bid/proposal to be deemed non-responsive. Whenever two (2) or more bids/proposals which are equal with respect to price, quality, and service are received by Palm Beach County for the procurement of commodities or contractual services, a bid/proposal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. In order to have a drug-free workplace program, a business shall; (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. (2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. (3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in number (1). (4) In the statement specified in number (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. (5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. (6) Make a good faith effort to continue to maintain a drug-free workplace through implementation Section 287.087, Florida Statutes. THIS CERTIFICATION is submitted by Monika Niemiec the (Individual's Name) Asst. Business Segment Mananger of Morton Salt, Inc. (Title/Position with Company/Vendor) (Name of Company/Vendor) who does hereby certify that said Company/Vendor has implemented a drug-free workplace program which meets the requirements of Section 287.087, Florida Statutes, which are identified in numbers (1) through (6) above. 6114/16 Signature Date Page 991 of 1471 Page 17 NON-DISCRIMINATION POLICY BID #1 6-043/ZG Pursuant to Palm Beach County Resolution R-2014-1421, as may be amended, it is the policy of the Board of County Commissioners of Palm Beach County that Palm Beach County shall not conduct business with nor appropriate any funds for any organization that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability, or genetic information. All bidders doing business with Palm Beach County are required to submit a copy of its non-discrimination policy which shall be consistent with the policy of Palm Beach County stated above, prior to entering into any contract with Palm Beach County. In the event a bidder does not have a written non-discrimination policy, such bidder shall be required to check the applicable statement and sign below affirming that their non-discrimination policy is in conformance with Palm Beach County's policy. Check one: Bidder hereby acknowledges that it does not have a written non-discrimination policy; however Bidder hereby affirms by signing below that its non-discrimination policy is in conformance with the above. OR Bidder hereby attaches its non-discrimination policy which is consistent with the policy of Palm Beach County. NOTE: Bidder's failure to comply with the above requirements will render bidder non-responsive. Bidder shall notify Palm Beach County in the event it no longer maintains a non-discrimination policy that is in conformance with Palm Beach County's policy set forth above. Failure to maintain said non-discrimination policy shall be considered a default of contract. Morton Salt, Inc. Comppny Name Sig'na-ru r—e Monika Niemiec Name (type or print) Asst. Business Segment Mananger Title Rev. 04.26.16 Page 992 of 1471 MORTON SALT SMI&V11W-An urdftauir!� f-TMAIR'�4 �'Nrs === I. Scope This policy applies to all U.S. employees 11. Purpose Morton Salt's commitment to equal employment opportunity and compliance with applicable affirmative action obligations for all applicants, employees, contractors, customers, and suppliers is based not only on legal obligations, but also upon our Company's long-standing commitment to respect and diversity. The continued success and growth of Morton Salt depends on a talented, well -motivated workforce drawn from diverse backgrounds. All employees must have the opportunity to succeed based on their individual contributions and capabilities. Morton Salt is an equal opportunity employer and does not discriminate, or permit discrimination, on the basis of race, gender, color, religion, age, national origin, ethnicity, legal immigration status, disability, sexual orientation, genetic information, status as a disabled or Vietnam -era veteran (for US employees), or any other characteristic protected by law. All employees also are entitled to a workplace free of harassment of any kind. Violation of this policy is a serious offense and will result in appropriate disciplinary action, up to and including termination. The support, commitment, and participation of every employee are needed to make this policy a reality. Certain employees, however, have special responsibilities. All managers and supervisors are required to implement the Affirmative Action Plan in their areas and to provide an atmosphere free from discrimination and harassment. They will be held accountable for meeting their affirmative action objectives. Location and subsidiary managers, assisted by local personnel directors, are responsible for ensuring compliance with Affirmative Action Plans at their locations. The Director of Talent Management is responsible for helping each location develop an Affirmative Action Plan, advising management of areas of emphasis and the need for any corrective action, and ensuring consistent implementation of the corporate policy and compliance with all applicable laws and regulations. Policy: Equal Employment Opportunity Policy Effective; 101112009 Issued: 3/112011 1 Page I of 2 This policy applies to the employees of Morton Salt and its subsidiary companies and supersedes any previously issued policies, statements or memoranda covering such employees and addressing the same or similar subject matter. This policy does not supersede the terms of a collective bargaining agreement. This policy may be amended, modified or withdrawn, in whole or in part, by Morton Salt at any time, at its sole discretion and without notice. Page 993 of 1471 If you are a qualified disabled veteran and would like to be considered under the Affirmative Action Plan, please inform your Human Resources representative. The disclosure of information regarding your veteran status is voluntary and refusal to provide it will not subject you to disciplinary treatment of any kind. The Affirmative Action Plan is available for inspection by any employee or applicant for employment upon request. The Plan may be obtained from the local Human Resources Manager. Employees or applicants who feel they have experienced discriminatory treatment or harassment should contact their manager, supervisor, or local Human Resources representative, and follow the local complaint procedure. Complaints may also be made through the following sources: Telephone helpline: 1-866-215-5366 Website: http://mortonsaft.ethicspoint.com Mail: Director, Talent Management Private and Confidential Morton Salt 123 N. Wacker Drive Chicago, IL 60606 The Company investigates all complaints of discrimination and harassment. Where possible, you will be informed of the outcome or status of the investigation within 60 days of receipt of your complaint. I m roure me-rinrilII 1171111:11111111 1 IIIIIIIIIIIIIIIIIIIIIilillicilli�ilillillillilll:lI on I 9407Q=, F"75 FeVd][1-dtUF-';L-A:t!Fldi,iur-,ii'iii ue siojecl to u1scipm1e, il� including termination of employment. We have a major business objective to achieve an equitable representation of underrepresented groups. For this reason, Affirmative Action Plans for minorities, women, the handicapped and disabled, and Vietnam -era veterans are required at all locations. These programs contain action plans and the targets we wish to achieve. The Company fully endorses this policy and will continue to review the results of the Affirmative Action Plan with the Board of Directors on a regular basis. We need the full cooperation of all employees in meeting these objectives. Policy: Equal Employment Opportunity Policy 10/1/2009 Issued: 3/112011 Page 2 of 2 This policy applies to the employees of Morton Salt and its subsidiary companies and supersedes any previously issued policies, statements or memoranda covering such employees and addressing the same or similar subject matter. This policy does not supersede the terms of a collective bargaining agreement. This policy may be amended, modified or withdrawn, in whole or in part, by Morton Salt at any time, at its sole discretion and without notice. Page 994 of 1471 71: 0 M1 �1 R m m z 4 iA® w uj L im N E fI ryIII m X0 �y K L Z .G O w 0 F W LU 0 LU O 'C LA7 U. Z FL �. UJ L Zg V LL Im 0 LUV 0 UJ UJ 6 A z i Z 0 I' 1® UJW2vi y0.o W d LL t// M LL Lu Q�0 y V v7ed ww w < qqW {V Lu 0 p P111�j} 0 Lm CL L) pp�gq +y q.i qa �&�MyI /6♦. w! I.GI i / !} tX r� V) ce . F0) �p� �Wyy . vI o W M LL Z LmCL 0 LU UJ ca Z 0 W C1 Z ®24w ® 0 ulLU — Ix lu W" Z CO V� Q. J Z ui CL W Q o r 2Lij m z 0-iLU m H 0 Q a®° �oau N! 0 0Lu<- 0caz A uioo , LL. d (L UJ Q who, moo®® J CO WF - g 0.0u -A 0 LU U (L uj Ii 0 w d = Z 0(n Q j F-- LL Z C3 Q E LLJU Lu n, OwSIJ O Q V) ® CL 71: 0 M1 �1 x ps FE 16 �w 0 R m w uj L im N E fI ryIII m .G O w 7 Ut F O 'C LA7 0 V L x ps FE 16 �w 0 Page 19 OSBA SCHEDULE 2 LETTER OF INTENT TO PERFORM AS AN SBE-MIWBE SUBCONTRACTOR This document must be completed by the SBE-M[WBE Subcontractor and submitted with bid packet. Specify in detail, the particular work items to be performed and the dollar amount and/or percentage for each work item. SBE credit will only be given for items which the SBE-MIWBE Subcontractor are SBE certified to perform. Failure to properly complete Schedule 2 may result in your SBE participation not being counted. PROJECT NUMBER: fim PROJECT NAME: (Name of Prime Bidder) The undersigned is certified by Palm Beach County as a - (check one or more, as applicable): Small Business Enterprise Black — Hispanic Women Date of Palm Beach County Certification: Minority Business Enterprise Caucasian Other (Please Specify) The undersigned is prepared to perform the following described work in connection with the above project. Additional Sheets May Be Used As Necessary Line Item/ Total Price/ Lot No. Item Description Qty/Units Unit Price Percentage at the following price or percentage (Subcontractor's quote) and will enter into a formal agreement for work with YOU conditioned upon your execution of a contract with Palm Beach County, If undersigned intends to subcontract any portion of this job to a certified SBE or a non -SBE subcontractor, please list the name of the subcontractor and the amount below. Price or Percentage (Name of Subcontractor) The Prime affirms that it will monitor the SBE's listed to ensure the SBE's perform the work with its own forces, The undersigned subcontractor affirms that it has the resources necessary to perform the work listed without subcontracting to non -certified SBE or any other certified SBE subcontractors except as noted above, The undersigned subcontractor understands that the provision of this form to Prime Bidder does not prevent Subcontractor from providing quotations to other bidders. Revised 10/11/2011 (Print name of SBE-MNVBE Subcontractor) By: (Signature) (Print name/title of person executing on behalf of SBE/M/WBE Subcontractor Date: Page 996 of 1471 I (.D z 0 z w T- F— z 0 0 LLt w w ca cf) 0 U) LU co C) uj 0 E , w 0 0. .) 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LL z C: W -0 3:M'0 0 0 �: Z —a) CL 5 0 (0 E < 0 L) V)ca M 0 a) 0 E c) LU > 2 c (D -0 0 cl= - w < Q 0 LLJ U) w 0 E� C 0 co C) < ca w co M E LU ca C 0 LLJ ca Cl) U 4) .0 .0 >, 0 E E 0 E1- 0 0 Pgge 997 of 1471 9� OSBA SCHEDULE 4 ® SBE-M/W13E PAYMENT CERTIFICATION The Prime Contractor is to submit Schedule 4 with its Monthly Payment Request to Palm Beach County to reflect actual payments made to the SBE-M/WBE Subcontractor. The Prime Contractor is not to request signature from an SBE-M/WBE Subcontractor unless it has made a payment to the SBE-M/WBE Subcontractor. The SSE-M/WBE Subcontractor is not to complete and sign this form unless it has received a payment from the Prime Contractor for services actually performed by the SBE-M/WBE Subcontractor. A separate Schedule 4 is required for each SBE-M/WBE Subcontractor payment. This is to certify that received (SEE or M/WBE Subcontractor Name) (Monthly) or (Final) payment of $ On from MM DD YYYY (Prime Contractor Name) For labor and/or materials used on (Project Name) (Work Order) DEPT. PROJECT NO.: PRIME CONTRACTOR VENDOR CODE: SEE OR M/WBE SUBCONTRACTOR VENDOR CODE: If the SEE Subcontractor intends to disburse any funds associated with this payment to any Subcontractor for labor and/or material provided on this project, please provide the following information: *Subcontractor Name: Amount to be paid: *Note: If the subcontractor listed in this section is an SBE or M/WBE a separate schedule 4 is required to verify payment. ---------- (Signature of Subcontractor) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me this (Print Name & Title of Person executing on behalf of Subcontractor) day of Notary Public, State of Florida 1 20 Print, Type or Stamp Commissioned Name of Notary Personally Known OR Produced Identification Type of Identification Rev. 15 Last updated: 11/18/11 Page 998 of 1471 CERTIFICATION 1, Chad E. Walker, Secretary of Morton Salt, Inc., a Delaware corporation (the "Company") hereby certify that: 1 Attached hereto is a true and correct copy of a resolution duly adopted effective October 1, 2012 by the Board of Directors of the Company; said resolutions not having been amended or revised in any manner and being in full force and effect as of the date hereof. 2. Christian H. Herrmann is a duly elected and acting Chief Executive Officer and President of Morton Salt, Inc. and Timothy McKean is a duly elected and acting Chief Financial Officer, Vice President and Treasurer of Morton Salt, Inc. as of the date hereof and as such are duly authorized signatories in accordance with the resolution described in 1. above. 3. Attached hereto is a true and correct copy of a delegation of signature authorization signed by Christian H. Herrmann and Timothy McKean, , 64�, Chad E. Walker Secretary Morton Salt, Inc. Dated: JUN 14 2016 Page 999 of 1471 Morton Salt, Inc. Excerpt from Board of Directors' Meeting October 1, 2012 RESOLVED, that effective October 1, 2012, any two of the officers of the Corporation holding the positions listed below: Chief Executive Officer and President; Chief Financial Officer, Vice President and Treasurer; and, Vice President, General Counsel and Secretary, and to the extent delegated in writing, their designees, are hereby authorized, for and in the name and on behalf of the Corporation, and any subsidiary, affiliate or business unit thereof, to execute and deliver any and all applications, agreements, bids, bonds, certifications, notices, proxies, real estate conveyances, reports, stock certificates and other documents which they may deem necessary or advisable in furtherance of the business of the Corporation, subsidiary, affiliate or business unit, as the case may be, provided that two signatures be required on any document executed on behalf of the Corporation: such authorizations to be (i) subject to the limitations set forth in any applicable Board of Directors' resolution or published policy of the Corporation, and (1i) subject to the limitations set forth in any K+S AG policy or procedure-, and FURTHER RESOLVED, that the signatures of any two persons designated pursuant to the above resolution affixed to any document described therein shall constitute certification of his or her authority to execute said document on behalf of the Corporation. Page 1000 of 1471 03 z 5 4 - C, q, Cq Q) 0 Ui Ci, > tj) 4 - Ln > cti 0 rA g., co (D r" C', 4-4 0 cz "ZI ;z wt cd cn 4-4 0 tu M ts CID �Q rn yj rA � 0 -,,7,' $a4 4 - ac)) >" C) 9.1 tf) En MQ 0 G O cd 4 0 U 4-cZi CA 4- tr) tj cj 0 C4� co :3 nz� u cfj a3 t3 u -5 En rA � Z! U o me G11 co 03 z 5 4 - Page 1001 of 1471 ;z wt tu ts CID �Q tj Ln tr) tj cj t3 � Z! U o G11 ,j it Oj -1:3 C: t3 t3 ts ti It"t -,j q COac; w) C4. cz tj q tm Z yg w ts tj zi ts ;-, t3 b. 4. t Sz %) rl) u -ti L'I qj tn k4 z cz� .4n tj tj to lu E tj o tj Page 1001 of 1471 Page 1002 of 1471 C) C� o C) C) C) C) Ca W) kri -4-0 M Ln u 4 w C� En C) u bl) bA 7-1 ^C1 0 Q 0 VI) -4w ;> u Ln En m 4-4 C) In. 0 "0 0 42 C) cd va ::j V) ;:3u V) cn as tsi 2 C) L) 0 0 CA Cd Qn 0 Cd CIA C93 CIO 7:1 -ci 1� 0 C/) (1) cqs cn cn o 1-4 .2 Q bl) V) Page 1002 of 1471 State of Florida Department / Stak, !f 1 certify from the records orthis office that MORTON SAI.'T. INC. is a Dela\vare corporation authorized to transact business in the State of' l' lorida. qualified on Au�,lust 4. 2010. The document number of this corporation is F-10000003525. 1 filrther certify that said corporation has paid all fees clue this 011 -ICC tht'ot►t 11 December y1, 2014. that its most recent annual report/unitorlli bL1Si11ess report Nvas filed on March 17, 2014, and its status is active. 1 further ecrtif'�! that said corporation has not filet( a Certificate of Withdrawal. Given under nq hand and the Greut Seal ofthe State af`Floridu tit Tallahassee, the Capital, this the Thirtr first dirt, rrjAleirch, 2014 Secretary o f 'Stat'£ ;lutheaatication In: (:'(102 11175826 To sautheuticsate this eertificate,visit tike following site,eu(c), this ID, and (licit follow the instructions alispiayed. httlns://dile.suithiz.org/certauthver.htanl Page 1003 of 1471 Alibrandi, Julianne From: Koch, Caroline <ckoch@mortonsalt.com> Sent: Wednesday, September 07, 2016 2:17 PM To: Alibrandi, Julianne Subject: PBC Contract Olm Morton Salt authorizes the City of Boynton Beach to utilize the PBC Contract on bid 16-043/ZG at the per ton delivered price of $125.50. This email will serve as permission for the City of Boynton Beach to piggyback off of the PBC contract put into place 8/20/2016 valid through 8/19/2017, Sales Representative Morton Salt, Inc. 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BIDS AND PURCHASES OVER $100,000 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve utilizing the Florida State Contract 405-000-10-1 for the procurement of bulk diesel & gasoline for City fleet. EXPLANATION OF REQUEST: The Fleet Maintenance Division is requesting the authorization to procure bulk diesel and gasoline throughout the length of Florida State Contract 405-000-10-1. The contract expired on June 30, 2016. It initially was established June 1, 2013 and ended June 30, 2016. However, addendum (1) extended the contract (405-000- 10-1) until June 30, 2019. Historical Data indicates the City of Boynton Beach has purchased: - $1,457,524 of fuel in fiscal year 2013/14 - $1,057,694 of fuel in fiscal year 2014/15 - $742,018 thus far this fiscal year 2015/16 Macmillan was the primary vendor for the purchase of diesel & unleaded fuel but they have been suspended from the State Contract. Mansfield Oil Company was the secondary vendor, and is now the primary vendor. Petroleum Traders will be utilized as the secondary vendor We are requesting to use the awarded vendors listed below: 1. Mansfield Oil Company as the Primary Vendor 2. Petroleum Traders as the Secondary Vendor HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Fleet Maintenance division will ensure gasoline and diesel are kept at optimum levels at all times. Fleet Maintenance orders and monitors fuel inventory. FISCAL IMPACT. Budgeted Fleet Maintenance estimates an annual expenditure of $1,500,000 from Fleet Maintenance account #501- 2516-519-52-10 per fiscal year. ALTERNATIVES: Implement emergency purchase order/confirming for the procurement of bulk fuel or use private fuel facilities. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 1006 of 1471 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Mansfield Oil Company and Petroleum Traders START DATE: 7/1/2016 END DATE: 6/30/2019 CONTRACT VALUE: MINORITY OWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type D Addendum REVIEWERS: Department Public Works Finance Legal Finance City Manager Description Fuel Procurement - State Contract Reviewer Action Date Livergood, Jeffrey Approved 9/14/2016 - 9:48 AKA Howard, Tim Approved 9/14/2016 - 12:18 PM Swanson, Lynn Approved 9/14/2016 - 3:52 PM Howard, Tim Approved 9/14/2016 - 4:33 PM LaVerriere, Lori Approved 9/15/2016 - 4:44 PM Page 1007 of 1471 hLGWlu lnYhkYnF:M1Y n7 agsement dot TO: Agency Customers FROM: Rosalyn Ingram Director and Chief Procurement Officer Division of State Purchasing Department of Management Services (DMS) DATE: June 1, 2016 SUBJECT: State Term Contract (STC) #405-000-10-1 Bulk Fuel, Diesel, and Gasoline Renewal State Purchasing is pleased to announce that effective July 1, 2016, the State Term Contract #405-000-10-1, Bulk Fuel, Diesel, and Gasoline, is renewed for three (3) years through June 30, 2019. If you have questions, please contact Jessica Koburger, Contract Manager at 850-922-1214 or Jessica. Koburger@dms.myflorida.com. Page 1008 of 1471 7.D. BIDS AND PURCHASES OVER $100,000 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve Change Order #2 to Purchase Order #160396 to Layne Heavy Civil, Inc in the amount of $303,641.00 for the Raw Water Main Segment C, Bid No. 049-2821-15/KTR, increasing the purchase order from $6,174,227.52 to $6,477,868.52 EXPLANATION OF REQUEST: On September 3, 2015, Layne Heavy Civil, Inc. was awarded the contract for the Raw Water Main — Section C project, Bid No. 049-2821-15/KTR as the lowest, most responsive and responsible bidder. The project represents the third and final pipe segment of a 6 -mile raw water main pipeline which will connect the western wellfield to the East Water Treatment Plant to meet the future water demand of the residents and businesses within the Utilities service area. This project is in accordance with the City's Consumptive Water Use Permit from the South Florida Water Management District. The scope of work for the overall project includes approximately 3,000 linear feet of 36 -inch raw water main installed by open cut and approximately 5,500 linear feet of 42 -inch raw water main installed by horizontal directional drilling (HDD), with all fittings, valves, and connections along the Woolbright Road corridor from west of Congress Avenue to east of 1-95. Change Order No. 2 is required for additional work due to unforeseen conditions along Woolbright Road. During the directional drilling operations, sinkholes developed at seven (7) locations near existing structures along Woolbright Road. Road repair and restoration at these locations will be done in accordance with the County's current roadway standards. Additional maintenance of traffic (MOT) has been required for lane closures in order to safely install the water main piping and repair the roadway. The contract time will be increased by fifty-five (55) calendar days, and the new Substantial Completion date will be November 8, 2016. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will increase the road closure time frame by 45 days. FISCAL IMPACT. Budgeted The funds for this change order are included in the Utility CIP budget, Project WTR136, account number 404-5000-533-65-01. ALTERNATIVES: This work must be completed in order to complete the project. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 1009 of 1471 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Change Order Change Order #2 REVIEWERS: Department Reviewer Action Utilities Groff, Colin Approved Utilities Groff, Colin Approved Assistant City Manager Pyle, Judith Approved Finance Howard, Tim Approved Legal Swanson, Lynn Approved City Manager LaVerriere, Lori Approved Date 9/16/2016 - 10:21 AM 9/16/2016 - 10:22 AM 9/16/2016 - 10:35 AM 9/16/2016 - 11:11 AM 9/16/2016 - 11:17 AM 9/16/2016 - 2:02 PPA Page 1010 of 1471 0 Change Order Authorization r Utilities Department Pro� Pam Water Main Interconnect -- Section "C" Shan e Order o.:TWO Oscar Bello Purchase Order No.: 160396 Layne Leavy Civil, Inc, Initiation Date: 9/12/2016 To: 4520 N. State Road 37 Contract Date: 10/12/2015 Orleans, IN 4745.2 Sub Comp Date: 9/14/2016 Protect Christopher Posche P.E. ________..�.___..�._ ________ .�... Manager Change Order #2 is for additional unforeseen services and materials needed to complete Section C Paw Water Main Interconnect Project. Fifty (55) additional days is needed for this request of additional services and materials. Itern Descr lion of Work t�uantit AdditionMM Additional unt Days Unit Price Amount _______.____._ 1 Restoration of Ioolbright Id. at varlous locations, ___1_ _Units I_ 245,769.00 _ $ 245,769.00 Per Palm Beach County Road Deconstruction Specification and Direction, due to unforeseen sinkholes on Woolbright Id. during the Hod7osntal Directional Drilling between SW 22'd Street and SW 26th Street. Sinkholes began to appear on /6 and subsided once drilled pipe was in place by 9/9, Crews are reconstructing road conditions per s ecifs tion ro ed by Palm Beach County 2 Emergency Maintenance of Traffic _ 1 � MLS _ $ 57,552.00.00 _ $ 57,852.00 3 contract Time Increase ...�.-- MMM 55,00 The cost of this work is: CO -2 303,641.00 The Contract Time will increased by a ro im t iv t of vs;) Davy Changs Orders over $5,000 ars NOT authorized cant// reviewedand approved by theCity Manager. Page 1011 of 1471 OWner: of Boynton Beach Eqgippp.r: ___,Global Tech Contractor: Layne Heavy Civil, In, Co Description It:em Restoration of Woolbright Road at various locations, Per Palm Beach County Road Reconstruction Specification and Direction, Due to unforeseen sinkholes on Woolbright Rd. during the Horizontal 10 Directional Drilling between SW 22nd Street and SW 26th Street. Sinkholes began to appear on 8/6 and subsided once drilled pipe was in place by 9/9, Crews are reconstructing road conditions per specification provided by Palm Beach County. 10 Emergency Maintenance of Traffic 11:14 0111T� W#J] PO Number: 16039� In itiat i on Da te: Sub Con Date: 9/11d' 01-1 4/ Qty Unit Unit Price E nsior I LS 245,789.00 245,789.0* I LS 57,852.00 571852.00 Original Contract Purchase Order 5,621,604.80 Commission Approved Contingency 562,160.48 Change Order No. 1 552,622.72 Remaining Contingency 9,537.76 R-,^,atot.iested Chang,, Order No2 303,64' .00 New Purchase Order Amount including this Change Order 6,4778868.52 The wiifl, W,,', Increased hV "15 5 1 0 0 The Dat,'e of Wxftanflal ComP'R-,,,U--,n as of the oate of f"wrderThere1ore is 1118120 Not valid until signed by both the Owner and Engineer, Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. Owner Date By: a- L City of Boynton Beach 9/14/2016 L /7 - Engineer Date By: 4�7 Globaltech 9/14/2016 Contractor Date By: Lavne Elea vv Civil. Inc. 9/13/2016 Page 1012 of 1471 03 CODE COMPLIANCE & LEGAL SETTLEMENTS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Consider the settlement offer of Vestors Acquisitions LLC Quiet Title Action. EXPLANATION OF REQUEST: On December 18, 2015, the City was served, as one of several Defendants, with a Complaint to Quiet (Tax) Title. On January 6, 2016, the City timely filed an Answer and Affirmative Defenses asserting its right to any surplus retained by the Clerk of Court after the tax sale. The surplus being retained by the Clerk, is in the amount of $21,744.47, minus the Clerk's fees and costs. There are currently seven (7) liens imposed on the property, five (5) of which are for hard costs incurred by the City with a total outstanding amount of fines of $125,399.85. The total hard costs incurred by the City to maintain the property is $5,381.61. On June 7, 2016, Vestor Acquisitions, LLC, property owner and Plaintiff in the case, contacted the City Attorney's office regarding the following settlement offer: The Parties agree that the tax sale surplus of Twenty One Thousand, Seven Hundred and Forty -Four Dollars and Forty -Seven Cents ($21,744.47), minus applicable Palm Beach County Clerk's fees shall be paid to the City in full settlement of the existing liens. Upon receipt of the surplus funds from the Palm Beach County Clerk, the City shall release the liens and the parties shall bear their own costs and attorneys' fees. If this settlement offer is accepted, the City will be writing off approximately $103,655.38. To date, the total attorneys' fees and costs are approximately: $1,300. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This agenda item will not affect City programs or services. FISCAL IMPACT. The City's recovery of approximately $21,744.47 in surplus minus applicable Clerk's fees and costs, with a write-off in the amount of $103,655.58 from the outstanding amount owed. ALTERNATIVES: The alternative to setting this matter would be to turn down the settlement offer or counteroffer or continue litigating this matter in court. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Not Applicable Page 1013 of 1471 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Not Applicable Is this a grant? No Grant Amount: ATTACHMENTS: Type D Other REVIEWERS: Department Legal Finance City Manager Reviewer Swanson, Lynn Howard, Tim LaVerriere, Lori Description Settlement Offer Action Approved Approved Approved Date 9/14/2016 - 1:50 PPA 9/14/2016 - 3:42 PPA 9/15/2016 - 4:51 PPA Page 1014 of 1471 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA. VESTORS ACQUISITIONS, LLC. CASE NO.: 502015CA013457XXXXAG Plaintiff, u Zheng Haibin aka Haibin Zheng; City of Boynton Beach; Palm Beach County Tax Collector; All unnamed spouses, or unknown parties claiming by, through, under or against the named Defendants, whether living or not, and whether said unknown parties claims as heirs, devisees, grantees, assignees, lienors, creditors, trustees, or in any other capacity, claiming by, through, under or against the named Defendants. Defendants. STIPULATION OF ACKNOWLEDGEMENT OF VALID GOVERNMENT LIENS AND DISBURSEMENT OF SURPLUS FUNDS This Stipulation is made between the Plaintiff, VESTORS ACQUISITIONS, LLC and the Defendant, City of Boynton Beach. The Parties hereby stipulate and agree as follows: 1. On April 8, 2015, Plaintiff acquired a Tax Deed on the subject property, pursuant to Chapter 197, Florida Statutes. 2. The City of Boynton Beach ("City") has valid governmental liens against the subject property due to the prior owner's failure to pay utility bills and code enforcement fines. See Exhibit "A" attached. 3. The total amount owed for unpaid utility services is Four Thousand Thirty Five Dollars and Twenty Cents ($4,035.20). 4. The total hard costs incurred by the City to maintain the property is Five Thousand Three -Hundred and Eighty -One Dollars and Sixty -One Cents ($5,381.61). {00149542.1 306-9905170} Page 1015 of 1471 Vestors v. Zheng et al Stipulation for Settlement — City of Boynton Beach 5. In addition, fines in the amount of One Hundred and Twenty Thousand, and Eighteen Dollars and Twenty -Four Cents (s,'$120,018.24), were imposed by the City for code violations, which remain unpaid. 6. The Parties agree that the tax sale surplus of Twenty One Thousand, Seven Hundred and Forty -Four Dollars and Forty -Seven Cents ($21,744.47), minus applicable Palm Beach County Clerk's fees shall be paid to the City in full settlement of the existing liens. 7. Upon receipt of the surplus funds from the Palm Beach County Clerk, the City shall release the liens 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. Upon the Court's approval of this Stipulation, Plaintiff shall dismiss Palm Beach County Tax Collector from this case. 11. For purposes of enforcement, a facsimile or electronically transmitted copy of this Stipulation shall be deemed as an original. Date: Date: {00149542.1 306-9905170} VESTORS ACQUISITIONS, LLC By: HOM-VESTORS, LLC: AMOS BAPTISTE, Mgmr CITY OF BOYNTON BEACH IM 2 LORI LAVERRIERE, City Manager Page 1016 of 1471 Vestors v. Zheng et al Stipulation for Settlement — City of Boynton Beach CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been sent via Electronic mail to James A. Cherof, Esq., at is erofAcityatty.com for City of Boynton Beach; and omavorkp ctax.com for Office of the Tax Collector on the 6th day of September 2016. Law Office of Maxine D. Cheesman, P.A. fka Law Offices Cheesman & Varner, P.A. 1818 S. Australian Avenue, Suite 406 West Palm Beach, FL 33409 Phone: (561) 656-1715 Fax: (561) 656-1854 Email: mcheesman@cheesmanpa.com By: /s/ Maxine D. Cheesman Maxine D. Cheesman, Esq. Florida Bar No. 011787 {00149542.1 306-9905170} Page 1017 of 1471 V PUBLIC HEARING 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve Surprise Motors -Pioneer Auto Care (COUS 16- 004) Conditional Use for automotive sales accessory to an automotive repair facility in the M-1 (Industrial) zoning district, located at 401 N. Railroad Avenue. Applicant: Michel Beaubrun, Beaubrun Investment, LLC. EXPLANATION OF REQUEST: The City recently amended the Zoning Regulations to, in part, add automotive sales provisions in the PID (Planned Industrial Development) zoning district and in the M-1 (Industrial) zoning district if accessory to an auto repair business, as a conditional use, in order to allow a case-by-case review of the individual properties to ensure the building and business operation could adequately accommodate the vehicle inventory indoors. Al Jacquet of Al Jacquet P.A., representing Beaubrun Investment, LLC, is seeking Conditional Use approval for auto sales accessory to automotive repair. The applicant has been in business at this location for 14 years and would like to diversify his operations to include a small auto sales business with an inventory of one (1) or two (2) vehicles stored within the building at any given time. The applicant indicates his business is the repair of automobiles, and occasionally he will acquire a vehicle from an owner who no longer wants their vehicle, is looking to buy another vehicle, or defaults on payment for the repairs. Once the vehicle has been repaired, he would like to be able to sell it. According to the applicant's Justification Statement (see Exhibit "D"), he anticipates selling up to twenty (20) vehicles a year through word of mouth of customers and friends. He does not anticipate advertising in the newspaper, on TV or radio, through the mail, or on the internet. The Planning & Development Board recommended the approval of the application at their August 23, 2016 meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. The request will have little fiscal impact other than the collection of fees associated with the Certificate of Use for the automotive sales. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 1018 of 1471 Is this a grant. Grant Amount: ATTACHMENTS: Action Type D Staff Report D Location Map D Drawings D Drawings D Attachment D Attachment D Conditions of Approval D Development Order REVIEWERS: Department Planning & Zoning Development Assistant City Manager City Manager Description COU S 16-004 Staff Report Location Map Site Plan Floor Plan Photos Applicant's Justification Statement Conditions of Approval Development Order Reviewer Action Rumpf, Michael Approved Mack, Andrew Approved Groff, Colin Approved LaVerriere, Lori Approved Date 9/13/2016 - 4:32 IIIA 9/13/2016 - 4:42 IIIA 9/13/2016 - 5:45 PIM 9/15/2016 - 4:51 PPA Page 1019 of 1471 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-035 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: August 17, 2016 PROJECT NAME/NO: Surprise Motors — Pioneer Auto Care (COUS 16-004) REQUEST: Approve request for Conditional Use for automotive sales accessory to an automotive repair facility in the M-1 (Industrial) zoning district, located at 401 N. Railroad Avenue. Applicant: Michel Beaubrun, Beaubrun Investment, LLC. PROJECT DESCRIPTION Property Owner: Michel Beaubrun, Beaubrun Investment, LLC Agent Al Jacquet, Al Jacquet P.A. Location: 401 N. Railroad Avenue (see Exhibit "A") Existing Land Use/Zoning: I (Industrial) / M-1 (Industrial) Proposed Land Use/Zoning: No change proposed Proposed Use: Auto sales accessory to automotive repair Acreage: 0.103 -acre Adjacent Uses: North: Developed industrial property with an Industrial (1) future land use classification, and zoned Industrial (M-1); South: Right-of-way for NE 3d Avenue and farther south developed industrial property with an Industrial (1) future land use classification, and zoned Industrial (M-1); Page 1020 of 1471 Surprise Motors — Pioneer Auto Care Staff Report COUS 16-004 Page 2 East: Right-of-way for N. Railroad Avenue and FEC Railroad and farther east City of Boynton Beach owned parcel (former Animal Control site) with a Mixed Use (MX) future land use classification, and zoned Central Business District (CBD); and West: Developed industrial property with an Industrial (1) future land use classification, and zoned Industrial (M-1). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL Al Jacquet of Al Jacquet P.A., representing Beaubrun Investment, LLC, is seeking Conditional Use approval for auto sales accessory to automotive repair. The applicant has been in business at this location for 14 years and would like to diversify his operations to include a small auto sales business with an inventory of one (1) or two (2) vehicles stored within the building at any given time. The applicant indicates his business is the repair of automobiles, and occassionally he will acquire a vehicle from an owner who no longer wants their vehicle, is looking to buy another vehicle, or defaults on payment for the repairs. Once the vehicle has been repaired, he would like to be able to sell it. According to the applicant's Justification Statement (see Exhibit "D"), he anticipates selling up to twenty (20) vehicles a year through word of mouth of customers and friends. He does not anticipate advertising in the newspaper, on TV or radio, through the mail, or on the internet. The Land Development Regulations were recently amended (CDRV 16-002) to allow, through the Conditional Use process, the sale of automobiles accessory to automotive repair in the C-3, C-4, PCD, and M-1 zoning districts. In all instances, vehicle inventory for sale is required to be stored indoors. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit "D" — Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, Page 1021 of 1471 Surprise Motors — Pioneer Auto Care Staff Report COUS 16-004 Page 3 safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The site consists of an existing four (4) bay automotive repair building, built in 1960 to within one (1) foot of the property line on the north, south and east sides. One (1) bay is accessed from N. Railroad Avenue and the other three (3) are accessed from NE 3d Avenue. The site also has a covered area attached to the west side of the building. Employee and customer parking is provided on the west end of the site, as well as along the north side of the paved 40 foot wide NE 3d Avenue immediately adjacent to the building, and in the on -street parking spaces on the east side of N. Railroad Avenue. There are no proposed changes to the existing ingress and egress for the site. 2. Off-street parking and loading areas where required, with particular attention to the items in standard #1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The Land Development Regulations require three (3) parking spaces per bay, one (1) of which may be in the repair bay itself. As such, the existing business would require 12 parking spaces (4 bays X 3 spaces). Since one (1) space may be located within a repair bay, eight (8) exterior parking spaces are required. The plan depicts six (6) parking spaces, along with the previously mentioned on -street parking spaces. As noted earlier, the code requires the vehicle inventory to be stored completely indoors, therefore none of these parking spaces would be occupied by vehicles for sale. The applicant indicates they intend to have an inventory of up to two (2) vehicles, which they have depicted on their floor plan drawing (see Exhibit "B"). With the limited vehicle inventory and available space on site, staff does not anticipate a parking problem associated with the added use. Although not anticipated, should the off-street parking prove to be inadequate for any reason, the on - street parking should accommodate the demand. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. The applicant indicates refuse collection will not be altered as a result of this application. Trash is currently placed in garbage cans and taken to the edge of the street for collection on pick-up days. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. As noted previously, the building is built to within one (1) foot of the property lines and as an industrial building constructed in 1960, very little landscape planting areas were contemplated or accommodated within the space allowance of the site design. The one (1) foot space on the east and south sides of the building is currently planted with sparse landscaping in areas where there is not a garage door opening (see Exhibit "C" — Photos). Page 1022 of 1471 Surprise Motors — Pioneer Auto Care Staff Report COUS 16-004 Page 4 As part of the Conditional Use approval, staff recommends that these limited planting areas be further enhanced with additional plant material in an effort to provide an updated and finished look. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. As this is an existing/developed site, no additional lighting or signage is proposed. 7. Required setbacks and other open spaces. The existing building was constructed before the zoning regulations in effect now were adopted. As such, the structure does not meet the required setbacks of 15 feet on the south and east sides or the 20 feet required on the north side, but does meet the 15 foot setback requirement on the west side. 8. General compatibility with adjacent properties, and other property in the zoning district. The proposed use is generally compatible with the surrounding properties, some of which include Boynton Auto Repair and Transmission immediately to the north and Reliable Gator Automotive to the west of that. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The vehicle sales operation will be located within the existing one (1) story structure, which was designed well below the maximum allowable height of 45' in the M-1 zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole, will be negligible. 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part lll, Chapter 4. Site Plan Review, of the City's Land Development Regulations. A traffic concurrency approval letter is not required as part of this use application. School concurrency is not required for this type of project. As for the City's water and sewer concurrency review, no additional demand is anticipated for this use. Solid Waste disposal capacity has been evidenced through the issuance of a certificate of availability by Palm Beach County Solid Waste Authority. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. This section of the regulations is intended to ensure land use compatibility through the review of conditional uses for potential external impacts including noise; vibrations; particulate matter; odor; toxic matter; fire and explosions; heat, humidity and glare; waste; and electromagnetic interference. The proposed project would not create smoke, odors, fumes, vibration, or toxic matter that would negatively impact the neighboring properties. Page 1023 of 1471 Surprise Motors — Pioneer Auto Care Staff Report COUS 16-004 Page 5 With incorporation of all conditions and staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above -referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "E" — Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "E" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.0 Conditional Uses, a time limit is to be set within which the proposed business shall begin operations. Staff recommends that a period of 18 months be allowed to receive the necessary approvals. S:\Planning\SHARED\WP\PROJECTS\Surprise Motors — Pioneer Auto Care\COUS 16-004\Staff Report.doc Page 1024 of 1471 EXHIBIT A LOCATION MAP my", N 0 15 30 60 90 120 Feet Page 1025 of P20 I ov ypy S�o Opp jk, 210 0 �o Pi COJ (01n, Nit W N 0� ty 10� F�' 0 E -Z GA m w CN W W C" fel u W. N Xv r) H Er4 Lo 11 6 v U) o ' D 0 m m Z 14) 0� Q m M Z 0 0 4 H H CA Mzi N M - a W W !W I- Nr., pq f4 04 9m9 Ea 0 94 H c3g N C�A P W (a p 0 El OP rU) Mu Q I H 94 0 9 p 01 N wH A al z' rA N H q Z M N '�'Dl CJ 0 V4 t4 1 rA z E., as Z H O P4 H Po ea0C9 0 MOU F� U 0 4 0 w o H 2-0 64' p M 0 0 m a4mm rh v m H1 1 P20 I ov ypy S�o ua u I U) z 2 W U" 2 V 1.Z 9 LL zo� z w > me Al sit 1p *Ilia R HL E-2MgSMI Opp jk, 210 ua u I U) z 2 W U" 2 V 1.Z 9 LL zo� z w > me Al sit 1p *Ilia R HL E-2MgSMI nv vv I jk, 210 0 �o nv vv I PROPERTY LINE (TyPl FENCE Cry" —14,0 Lu Al AUTO WORK CUSTOMER pig ERKI.Nq R j F If COVERED w PARKING.—,.. F 6 .10 ,P.g§TOMER PARKING AREA 24.5 E CsE FOOVERED 3 GATES PARKING AREA -------------------------------- off 1 li 311 2 If t --4 AUTO INVENTORX ARE . LJ�A�UTOO X��E uj j > ............ ONESTORY BUILDING F 3 --- , F12 4 UTO A .... ..... r cr -.J R�]! i 5Iii! [ 4 < cc AUTO WORK AREA DOOR cryp-� OVERHEAD I li cUSTC7MERDRO ffiffilm m 08/17/16 NOT TO SCALE NOTE DIMENSIONS ARE APPROMMATE Page 1027 of 1471 f I mu�z�, _ i fl 1 l A C, 401 H. Raibm" Avm Aft Sayntan Reach, FL 33435 Tale. -(N.62)375-7977 Fam-CSSI)375-8786 Flarida FLOOStrafien. MV -47188 To: Mr. Edgar Breese Principle Planner City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 MichelBeaubrun President Email: pioneerautocareCagmail.com This addendum is in reference to Pioneer Auto Care's dealership licensure for the city of Boynton Beach. Pioneer Auto Care has been at its current location of Boynton Beach for the past fourteen years and provides services that include, but are not limited to maintenance, automotive repairs, body work, and acquires used vehicle ownership by default agreements from his primary auto body and repair business. In the course of one year, Pioneer sells approximately twenty cars, but only one or two cars maximum are stored within the building at any given point and time. Pioneer will not utilize internet, newspaper, magazines, mail, TV, radio or any other means as methods of advertisement. The only form of advertisement Pioneer has used in the past and will continue to use is word of mouth. With particular reference to automobile and pedestrian safety and convenience, traffic flow and control, ilw, luzy-i**n row* 4-#Vt"4ft& of any emergency during operating hours. Pioneer's parking lot permits customers to park their cars without interfering with the flow of regular traffic and has a small loading area that allows customers to load and exit safely and refuse services as desired. The amount of refuse generated should not adversely impact the sales of automobiles. Utilities, availability, and compatibility will not be modified and will relatively remain the same as the past fourteen years of operation. Pioneer Auto Care is not proposing any modifications or improvements to the open spaces, screening buffering or landscaping; the sale of automobiles will not impact any site characteristics. Automotive sales will not impact or alter any general compatibility with adjacent properties or other properties in the zoning district, as Pioneer is a small business and will have very little impact on the city and neighboring businesses. Therefore, the sale of automobiles at Pioneer Auto Care will not have any further impact than the already existing automotive repair business. If you have any questions or concerns, please do not hesitate to contact me. Page 1030 of 1471 'MIM 1 1 , ,1 1 1t 411111t 1 shortPlease provide a detailing 1 +information: How Long you have been in business at this location and the automotive services you currently provide. Answer: 14 years - How many cars you think you many sell in the course of one (1) year. Answer: At least 12-20 cars a year - The number of cars you anticipate having for sale and stored within the building at any given point in time (plan shows possibility of cars). Answer: 1-2 - Indicate the anticipated method of advertising vehicles for sale, whether internet, word of mouth, or other means, since the cars cannot be displayed outside. Answer: word of mouth Please Provide responses1 the Conditional1 1.1 within the Conditional Use applicat A. Applicability. •ning district regulations indicate• -• as a conditional procedures,use, the • standards setout and this section shall apply, C. Standardsfor Evaluating Conditional Uses. In evaluating an application for conditional use, the Board and Commission shall consider the effect of the proposed use on the general health, • welfare of • and make written findings certifying that satisfactory provisions has been •- concerning all of • •standards,applicable: Ingress1. and egress to the subject property and proposed - • particular reference to automobile and pedestrian safety and convenience,• r •' access in case of o• (AMIN &V tyUNIUM KQ to DIMMMA419100119MM IMMULP RAM to fin 11raMINOMIJINI 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C. I. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; F.1177777'1 V our cistl7nors can pa the flow of regular traffic. We have a small loading area that will allow customers to load and exit safely. 3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above; FITM M11111111 i 1, 1 lip 111' i 111110 IIIIIIINITHMMIM Answer: We have been in business for over 14 years and current business utilities will not be modified in any way. - Answer: This is an existing business we are not proposing any modifications to the screening buffering or landscaping. Cars that will be for sale will be inside the building. Answer: 'Ibis is an existing business the sign and exterior lighting will not require any further modification. There will be no change to the existing location. MENEMM Answer: This is an existing business we are not proposing any modifications to the required setback or open spaces. We are on proposing the sale of automobile which will not impact any site characteristics Answer: The automotive sales will not impact the or alter any general compatibility with adjacent properties, and other property in the zoning district . 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; Page 1032 of 1471 0 Answer: We are not making any further improvements to the property this is not applicabli Answer: We are a small business and we will have very little impact on the city and neighboring business. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; Answer: We are not in a mixed use zoning district this is not applicable. 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, A rticl e I V. Section I and the Noise Control Ordinance, and City Code of Ordinances Part 11, Chapter 1. 5, Section 15-8; and Answer: The sale of automobiles will not have any further impact then the already existing automotive repair business. 7 =17— 11,71"91 ,s #=171191 similar establishments shall include the following analysis performed by a certified acoustic �:ngineer: 91=41MMIMMURF 111P.0 - VTMAT#%? 7 "11 100�0 M1 assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment; c. The anal�pi&_aLv_ny r*3-o*_ti*n or the nature, types and coefficients of sound absorbent and sound -reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or 1"t Fe 7777 Turing Me normai opening or cioo people enter -Ing and exiting the establishment. Page 1033 of 1471 EXHIBIT "E" Conditions of Approval Project name: Surprise Motors — Pioneer Auto Care File number: COUS 16-004 Reference: DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. The inventory of vehicles for sale shall be limited to 2, which shall be stored indoors, in compliance with the code. X 2. The landscape strips along the east and south sides of the building shall have the gaps filled in with additional plant material to create a full and complete foundation landscaping scheme. X COMMUNITY REDEVELOPMENT AGENCY Comments: None ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Surprise Motors - Pioneer Auto Care\COUS 16-004\COA post P&D.doc Page 1034 of 1471 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Surprise Motors — Pioneer Auto Care (COUS 16-004) APPLICANT: Michel Beaubrun APPLICANT'S ADDRESS: 401 N. Railroad Avenue, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2016 APPROVAL SOUGHT: Conditional Use approval for automotive sales accessory to an automotive repair facility in the M-1 (Industrial) zoning district, located at the 401 N. Railroad Avenue LOCATION OF PROPERTY: 401 N. Railroad Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Surprise Motors - Pioneer Auto Care\COUS 16-004\DO.doc Page 1035 of 1471 M PUBLIC HEARING 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve Futures Automotive (COUS 16-005) Conditional Use for automotive sales in the PID (Planned Industrial Development) zoning district, located at 121 Commerce Road. Applicant: Jorge Rodriguez of 2 JEM LLC. EXPLANATION OF REQUEST: The City recently amended the Zoning Regulations to, in part, add automotive sales provisions in the PID (Planned Industrial Development) zoning district, as a conditional use, in order to allow a case-by-case review of the individual properties to ensure the building and business operation could adequately accommodate the vehicle inventory indoors. Michael Weiner of Weiner & Thompson, P.A., representing 2 JEM LLC, is seeking Conditional Use approval for an automotive sales business. The applicant plans to operate an internet business specializing in the sale of classic and limited edition automobiles (see Exhibit "C" — Photographs of Inventory). The applicant indicates they anticipate selling up to ten (10) vehicles a year to buyers who found them on the internet. According to the applicant's Justification Statement (see Exhibit "D"), "prospective buyers, looking to purchase automobiles which range in value from $100k to $500k. These buyers are both from within the United States and internationally and will be encouraged to frequent local Boynton Beach hotels and businesses during their stay". The building formerly housed Verdi Classics, which was approved as an Automobile Museum. The new owner wishes to expand upon the previous concept to include vehicle sales. The Planning & Development Board recommended the approval of the application at their August 23, 2016 meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. The request will have little fiscal impact other than the collection of fees associated with the Certificate of Use for the automotive sales. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Page 1036 of 1471 Is this a grant? Grant Amount: ATTACHMENTS: Action Type D Staff Report D Location Map D Drawings D Drawings D Attachment D Attachment D Conditions of Approval D Development Order REVIEWERS: Department Planning & Zoning Development Assistant City Manager City Manager Description Staff Report Location Map Site Plan Floor Plan Photos Applicant's Justification Statement Conditions of Approval Development Order Reviewer Action Rumpf, Michael Approved Mack, Andrew Approved Groff, Colin Approved LaVerriere, Lori Approved Date 9/13/2016 - 4:36 IIIA 9/13/2016 - 4:51 IIIA 9/13/2016 - 5:48 IIIA 9/15/2016 - 4:44 PIM Page 1037 of 1471 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-034 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Ed Breese Principal Planner DATE: August 15, 2016 PROJECT NAME/NO: Futures Automotive (COUS 16-005) REQUEST: Conditional Use approval required for automotive sales in the PID (Planned Industrial Development) zoning district. Applicant: Jorge Rodriguez of 2 JEM LLC. PROJECT DESCRIPTION Property Owner: 2 JEM LLC Agent Michael Weiner, Weiner & Thompson, P.A. Location: 121 Commerce Road (see Exhibit "A") Existing Land Use/Zoning: I (Industrial) / PID (Planned Industrial Development) Proposed Land Use/Zoning: No change proposed Proposed Use: Auto Dealer, New or Used Acreage: 1.099 -acres Adjacent Uses: North: Developed residential property (Cedar Ridge Estates) with a Low Density Residential (LDR) future land use classification, and zoned Planned Unit Development (PUD); South: Right-of-way for Commerce Road and farther south developed industrial property with an Industrial (1) future land use classification, and zoned Planned Industrial Development (PID); Page 1038 of 1471 Futures Automotive Staff Report COUS 16-005 Page 2 East: Developed industrial property (High Ridge Commerce Center) with an Industrial (1) future land use classification, and zoned Planned Industrial Development (PID); and West: Developed industrial property with an Industrial (1) future land use classification, and zoned Planned Industrial Development (PID). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage is posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL Michael Weiner of Weiner & Thompson, P.A., representing 2 JEM LLC, is seeking Conditional Use approval for an automotive sales business. The applicant plans to operate an internet business specializing in the sale of classic and limited edition automobiles (see Exhibit "C" — Photographs of Inventory). The applicant indicates they anticipate selling up to ten (10) vehicles a year to buyers who found them on the internet. According to the applicant's Justification Statement (see Exhibit "D"), "prospective buyers, looking to purchase automobiles which range in value from $100k to $500k and come throughout the United States and internationally, will be encouraged to frequent local Boynton Beach hotels and businesses during their stay". The building formerly housed Verdi Classics, which was approved as an Automobile Museum. The new owner wishes to expand upon the previous concept to include vehicle sales. The Land Development Regulations were recently amended (CDRV 16-002) to allow, through the Conditional Use process, the sale of new or used automobiles in the Planned Industrial Development (PID) zoning district, as well as allow vehicle sales as an accessory use to automotive repair in the C-3, C-4, PCD, and M-1 zoning districts again, through the Conditional Use approval process. In all instances, vehicle inventory for sale is required to be stored indoors. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit "D" — Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, Page 1039 of 1471 Futures Automotive Staff Report COUS 16-005 Page 3 safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. There are no proposed changes to the site, which currently provides one (1) point of ingress/egress located on Commerce Road. The layout of the site provides access to the east and south sides of the building where the overhead doors are located. Adequate access is provided for any vehicle transports, as well as fire and waste removal operations. There is a sidewalk across the front of the site and a striped pedestrian crosswalk leading from the sidewalk to the building entry. 2. Off-street parking and loading areas where required, with particular attention to the items in standard #1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The site plan was approved in 1997 under a former parking code that calculated required parking based upon the number of employees, like many other existing warehouse buildings throughout the PID zoning districts. The required parking shown on the plan was calculated to be 14.25 (15) parking spaces and 20 were provided. The applicant indicates the property currently has sufficient off-street parking and loading areas for their intended use. If built today, the Land Development Regulations would require 30 parking spaces for this warehouse building, based upon the total square footage. As the proposed use of the building is for internet sales of high end automobiles, the daily customer demand for parking should be extremely low, and staff agrees the parking provided for this highly specialized type of business operation should be more than sufficient. In comparison, other warehouse/manufacturing uses permitted by right could occupy the building without additional parking spaces. As previously mentioned, the code requires the vehicle inventory to be stored completely indoors, therefore none of the 20 parking spaces would be occupied by vehicles for sale. The applicant indicates they intend to have an inventory of up to 35 vehicles, which they have depicted on their floor plan drawing (see Exhibit "C"). 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. The applicant indicates refuse quantity will not be altered as a result of the auto sales activity. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The property is well landscaped, with pods of shrubs, accent plants, ground cover, and palm trees at the perimeter and entry to the property, and two (2) layers of hedge material along the foundation of the building facing the street. There is an existing 40 foot wide perimeter PID greenbelt buffer between the rear of the building and residential property to the north, including a 6 foot high wall, shrubs and trees. Page 1040 of 1471 Futures Automotive Staff Report COUS 16-005 Page 4 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. As this is an existing/developed site, no additional lighting is proposed. Relative to signage for the project, the applicant will apply for signage in compliance with the approved Sign Program for the PID once the Conditional Use process is completed. 7. Required setbacks and other open spaces. The existing building meets or exceeds the minimum setback requirements of the PID zoning district and the applicant is not proposing any building additions. 8. General compatibility with adjacent properties, and other property in the zoning district. The proposed use is generally compatible with the remainder of the PID, as the inventory will be stored inside per code requirements, much like other uses within the PID district, and the limited customer interaction on-site should generate limited site trips into the industrial area. The applicant notes the compatibility with other businesses in the immediate vicinity, including the headquarters of an automobile race team, luxury limousine company, motorcycle dealer, and private luxury automobile collection. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The vehicle sales operation will be located in an existing one-story structure, approximately 21 feet in height, well below the maximum allowable height of 45' in the PID zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The overall economic effects of the proposed use on adjacent and nearby properties, and the City as a whole, will be negligible, other than the certificate of use fees and any residual impact associated with hotel stays and local business patronage from out-of-town visitors/purchasers. 11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part lll, Chapter 4. Site Plan Review, of the City's Land Development Regulations. A traffic concurrency approval letter is not required as part of this use application. School concurrency is not required for this type of project. As for the City's water and sewer concurrency review, no additional demand is anticipated for this use. Solid Waste disposal capacity has been evidenced through the issuance of a certificate of availability by Palm Beach County Solid Waste Authority. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. This section of the regulations is intended to ensure land use compatibility through the review of conditional uses for potential external impacts including noise; vibrations; particulate matter; odor; toxic matter; fire and explosions; heat, humidity and glare; waste; Page 1041 of 1471 Futures Automotive Staff Report COUS 16-005 Page 5 and electromagnetic interference. The proposed project would not create smoke, odors, fumes, vibration, or toxic matter that would negatively impact the neighboring properties. The applicant anticipates only incidental vehicle maintenance, such as the occassional oil change and tire rotation, on an as -needed basis. Any used oil would be disposed of following proper procedures. With incorporation of all conditions and staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above -referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "E" — Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "E" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.0 Conditional Uses, a time limit is to be set within which the proposed business shall begin operations. Staff recommends that a period of 18 months be allowed to receive the necessary approvals. S:\Planning\SHARED\WP\PROJECTS\Futures Automotive\COUS 16-005\Staff Report.doc Page 1042 of 1471 EXHIBIT A LOCATION MAP N 0 62.5125 250 375 500 Feet Page 1043 of EW 1 I.99I N 6&H130 [IIA •lac r9F.:L lla �'.'[ g� _.T r off g��q OD s',^ D(TI ggDIH G s 6 694 E l Wap a9 ANdl3,'. "3AN 3]33d9M3D 5L ..�3. dfi% Ci cd a,fQe�9'�FY Vs8 s3 a✓4A.L FS aJ,d.E�. y=c„ y {J$ ° �TQ Ni NSI E Vhf ' s 46 2tCi3 LI2ii1 7 v:LZu CI SEirSC}?3ct S�svw IN p M- !v. 3 �z i 6 � � a < IN Page 1045 of 1471 Page 1046 of 1471 Page 1047 of 1471 Page 1048 of 1471 Page 1049 of 1471 Applicant plans to operate a highly specialized internet based automotive sales business dealing in classic and limited edition automobiles. They are requesting a Conditional Use to allow automobile sales FW4% dealer's license. Applicant anticipates selling up to ten vehicles per year to buyers who have found a particular model from an internet search. Prospective buyers, looking to purchase automobiles which range in Yalwe fritim $1##k tv $5##k ani. c+nne- fr,#,iyt thrv*,g'h*Yt theYniteit States anVinternat4nally, wifl- be encouraged to frequent local Boynton Beach hotels and businesses during their stay. Applicant plans to have an inventory of up to thirty-five (35) automobiles (see attached Floor Plan). All vehicles will be stored indoors. No maintenance will be performed on-site with the exception of minor upkeep, such as an oil changes and tire rotations, as needed on a limited bases. No changes to the building will be made in anticipation of the Conditional Use. Since acquiring the property, Applicant has upgraded the building's fire sprinkler and security systems. of the following standards, where applicable: Ingress and egress to the subject property and proposed structures thereon, with c? �-di&.- , - _afl"A control, and access in case of fire or catastrophe; Ingress and egress to the subject property will not change as a result of this request. TIE property currently has a front access drive with a wide turning radius to allow for the ingress and egress of semi -trailer trucks delivering automobiles. I 2. Off-street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; The property currently has sufficient off-street parking and loading areas for the Applicant's intended use. No changes will be made to these items as a result of this request. 3. Refuse and service areas, with particular reference to the items in subsection CA. and C.2. above; Mill 1111 result of this request. Page 1050 of 1471 Signs, and proposed exterior lighting, with reference to glare, traffic safety, economp effect, and compatibility and harmony with adjacent and nearby properties; I Exterior lighting will not change as a result of this request. The Applicant will apply for I-SXV15 Conditional Use. not change as a result of this request. 3MMMA Irl -t Industrial District which include the headquarters ofan automotive race team, luxury ry 0 1 coil 17 limousine service, a motorcycle dealer and a private luxury automobile collect�lon. 9. Height of buildings and structures, with reference to compatibility and harmony vk. adjacent and nearby properties, and the city as a whole; result of this request. LIM 1w0kTi.T I 7 - .49" local businesses while in town to purchase an automobile. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed use zoning district or redevelopment plan; 2 M E .7.2 = '12. Compliance with and abatement of nuisances and hazards in accordance vi;ifthl the operational performance standards as indicated in Chapter 3, Article IV, Section I and the Noise Control Ordinance, and City Code of Ordinances Part 11, Chapter 15, Section 15-8; and The proposed use will not create noise, vibration, odor or interfere with the reasonable use or enjoyment of adjacent or nearby properties. Page 1051 of 1471 EXHIBIT "E" Conditions of Approval Project name: Futures Automotive — 121 Commerce Road File number: COUS 16-005 Reference: DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. The inventory of vehicles for sale shall be limited to 35, all of which shall be stored indoors, in compliance with the code. X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Futures Automotive\COUS 16-005\COA post P&D.doc Page 1052 of 1471 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Futures Automotive (COUS 16-005) APPLICANT: Michael Weiner, Weiner & Thompson, P.A. APPLICANT'S ADDRESS: 10 S. E. 1St Avenue, Suite C, Delray Beach, FL 33444 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 20, 2016 APPROVAL SOUGHT: Conditional Use approval for automotive sales in the PID (Planned Industrial Development) zoning district, located at 121 Commerce Road. LOCATION OF PROPERTY: 121 Commerce Road DRAWING(S): SEE EXHIBITS "B" & "C" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Futures Automotive\COUS 16-005\DO.doc Page 1053 of 1471 9.C. PUBLIC HEARING 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE - NO. 16-019 - FIRST READING - Approve and adopt the consolidated and updated Boynton Beach Community Redevelopment Plan. (To be heard on October 4, 2016 to allow 10 days notice from the first reading as required by Statute) EXPLANATION OF REQUEST: In accordance with state law, the City established the Community Redevelopment Agency (CRA) in 1982 and subsequently adopted the first redevelopment plan to guide development activity and public improvements within the CRA area. In part due to the size and configuration of the CRA, different plans have been approved for the CRA since its inception and most notably include the Federal Highway Corridor Community Redevelopment Plan, the Ocean District Community Redevelopment Plan, the Heart of Boynton Redevelopment Plan and the Downtown Vision and Master Plan. Redevelopment planning became a priority initiative during the City/CRA's 2014/2015 Strategic Planning process. This action was based upon the realized need to update and consolidate several aging redevelopment plans. The first significant milestone was the completion of the Existing Conditions study and report in June 2015, followed by the completion of the draft Plan in August 2016. The attached 2016 Boynton Beach Community Redevelopment Plan has been prepared through a comprehensive planning process, including, seven public workshops and hearings. Workshops were held with residents, developers, business owners, and land owners. The feedback collected has been compiled and summarized in the Plan. The main objective of this planning effort was to unify the entire CRA under one "consolidated" and cohesive redevelopment plan that provides a clear and consistent vision. The Plan is to provide predictability to support investment and private development initiatives. Included in the Plan is an executive summary, explanation of the public involvement process, key considerations and strategies, the role and importance of connectivity throughout the CRA, six new planning "Districts" that will brand and enhance the character of the CRA, and the implementation actions, projects, and programs. In addition to the new planning districts, other noteworthy outcomes include the following: Changes to the Future Land Use and Zoning structures intended to fill gaps in the current system, providing a transition in land use densities and intensities, and support the establishment of activity nodes outside of the downtown core; • Application of the Complete Streets design principles to the main thoroughfares in the CRA; and Establishment of a comprehensive urban design framework to ensure that the built environment achieves the intended physical vision for the CRA. Also receiving particular attention in the Plan is the continued preservation of single-family neighborhoods throughout the entire CRA as well as, the future commuter train station for the F.E.C. Railroad and the necessary intensity needed to support the station, and the unique characteristics of each of the new Districts Page 1054 of 1471 and their role within the redevelopment vision for the CRA. The CRA Board unanimously approved the Plan on August 9th, 2016 subject to four modifications to the proposed land use recommendations summarized below: • Change parcels from NE 1st Avenue to Ocean Ave (between NE 3rd St. and the FEC RR.) from Mixed Use Medium to Mixed Use High to provide uniform land use and zoning that would coincide with the boundaries of land assemblage and planned development adjacent to the future train station; • Expansion of the recommended boundaries for the Ocean Avenue Overlay to include the entire Cultural District to ensure application of compatibility standards to the single-family neighborhood located south of Ocean Avenue; • Change parcels on Martin Luther King Jr. Blvd., between the two commercial nodes at Seacrest Boulevard and the F.E.C. Railroad tracks, from High Density Residential to Mixed Use Low. This change is intended to accommodate greater residential density within this area which supports the abutting commercial nodes and allow flexibility and opportunity for local commercial within a mixed use setting.; and The addition of a recommendation to review the feasibility of converting a portion of Sara Sims Park along the western boundary from Recreational Land Use to Single Family. If approved, the above-described modifications will be incorporated into the Plan after first reading. The adoption of the Plan is only the first step toward realizing a new vision for the CRA. The implementation phase of this project will soon begin, and include the amendment of the City's Comprehensive Plan and evaluation of the Land Development Regulations. The Comprehensive Plan must be amended to reference and support the new Plan as well as establish the new land use classifications, and the LDR will be audited for necessary amendments to implement, in part, recommendations related to urban design, the new overlay districts and zoning regulations, development incentives and height standards. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Plan approval will lead to updating of the CRA's initiatives and programs to support Plan implementation. FISCAL IMPACT: Non -budgeted The fiscal or economic benefit will be realized directly and indirectly over the mid- or long-term period as a result of public investment and private development that is guided or accommodated by recommendations from the Plan. ALTERNATIVES: None recommended STRATEGIC PLAN: Energetic Downtown: Focal Point for Boynton Beach STRATEGIC PLAN APPLICATION: This item represents the completion of Action Items 2.1 (CRA) and 2.3 (City) of the 2014/15 Strategic Plan under the group heading "Energetic Downtown". CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 1055 of 1471 Is this a grant? No Grant Amount: ATTACHMENTS: Type rb��111111 Fbionsamom REVIEWERS: Department City Clerk Description Ordinance approving the consolidated and updated Boynton Beach Community Redevelopment Plan 2016 Boynton Beach Community Redevelopment Plan E)dsting Conditions Analysis Reviewer Action Pyle, Judith Approved Date 9/13/2016 - 5:23 PPA Page 1056 of 1471 I ORDINANCE 16- 2 3 A ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA APPROVING AND ADOPTING THE 5 CONSOLIDATED AND UPDATED BOYNTON BEACH 6 COMMUNITY REDEVELOPMENT PLAN; PROVIDING FOR 7 CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. 8 9 WHEREAS, Florida Statute 163.361 provides for amendment or modification of a 10 Community Redevelopment Plan; and 11 WHEREAS, during the City/CRA's 2014/2015 Strategic Planning process, the 12 redevelopment planning became a priority initiative; and 13 WHEREAS, the main objective is to unify the entire CRA under one "consolidated" 14 redevelopment plan that provides a clear and consistent vision; and 15 WHEREAS, the City Commission of the City of Boynton Beach, Florida finds that 16 the consolidated and updated Boynton Beach Community Redevelopment Plan further 17 advances the intent, purpose, and goals of the Community Redevelopment Agency as 18 contemplated by the Community Redevelopment Act of 1969. 19 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION 20 OF THE CITY OF BOYNTON BEACH FLORIDA, THAT: 21 Section 1. Each "Whereas" clause set forth above is true and correct and 22 incorporated herein by this reference. 23 Section 2. The City Commission of the City of Boynton Beach Florida approves 24 and adopts the consolidated and updated Boynton Beach Community Redevelopment Plan, a 25 copy of which is attached hereto and made a part hereof as Exhibit "A". 26 Section 3. Each and every other provision of the Code of Ordinances not herein 27 specifically amended shall remain in full force and effect as previously enacted. Page 1057 of 1471 28 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 29 same are hereby repealed. 30 Section 5. Should any section or provision of this ordinance or portion hereof, any 31 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 32 such decision shall not affect the remainder of this ordinance. 33 Section 6. This ordinance shall become effective immediately upon its passage 34 and adoption. 35 FIRST READING this day of , 2016. 36 37 SECOND, FINAL READING AND PASSAGE this day of 38 , 2016. 39 40 CITY OF BOYNTON BEACH, FLORIDA 41 42 YES NO 43 44 Mayor — Steven B. Grant 45 46 Vice Mayor — Mack McCray 47 48 Commissioner — Justin Katz 49 50 Commissioner — Christina L. Romelus 51 52 Commissioner — Joe Casello 53 54 55 VOTE 56 57 ATTEST: 58 59 60 61 Judith A. Pyle, CMC 62 Interim City Clerk 63 64 65 66 (Corporate Seal) Page 1058 of 1471 Page 1060 of 1471 Boynton Beach Community Redevelopment Plan CITY COMMISSION Steven Grant, Mayor Mack cray, Vice Mayor Justin Katz, Commissioner Joseph Casello, Commissioner Christina Romelus, Commissioner CRA ADVISORY BOARD Linda Cross, Chair Robert Pollock, Vice Chair Paula Melley, Board Member Rick Maharajh, Board Member James DeVoursney, Board Member Thomas Murphy, Jr., Board Member Allan Hendricks, Board Member CRA BOARD Steven Grant, Chair Mack Mcray, Vice Chair Justin Katz, Board Member Joseph Casello, Board Member Christina Romelus, Board Member Lori LaVerriere, City Manager Vivian Brooks, Executive Director Michael Simon, Assistant Director Andrew Mack, Development Director Michael Rumpf, Planning and Zoning Director Amanda Bassiely, Senior Planner/Urban Designer Hanna Matras, Senior Planner Adoption Date: September 20., 2016 Page 1061 of 1471 Executive Summary The City of Boynton Beach created the Boynton Beach Community Redevelopment Area and Agency in 1982 as a tool for the redevelopment of the downtown area. Through several expansions, the area has grown to its current size of 1,650 acres. Until now, the redevelopment activities were guided by four different plans that overlapped and did not provide a focused vision for the entire CRA area. In August 2014, the City Commission and CRA Board held a Strategic Planning Initiative work session, out of which came a high priority recommendation to consolidate the existing plans with a comprehensive update that would reflect the changes in economic environment, the objectives, as well as the achievements of the previous efforts. There has been a consensus that, in spite of these significant achievements, the vision of a vibrant downtown with revitalized corridors has yet to be realized. The first phase of the consolidation—the analysis of the current conditions—confirmed this assessment and provided a base for the Plan's recommendations. The overarching goal of creating this comprehensive CRA Plan is to provide a clear and consistent vision for the CRA District and therefore predictability for new development and investment in the area. It effectively and clearly communicates the direction of the Community Redevelopment Agency and key redevelopment opportunities. It also covers areas of the CRA District that have not, in the past, had formally adopted plans. KEY FINDINGS OF THE EXISTING CONDITION ANALYSIS The Existing Condition Report and the related research yielded the following findings: Population: • A significant population growth is projected for the area by 2035: the current population of 12,000 is projected to grow by 52%, to about 18,200; • There is a significant racial and ethnic diversity: the area's profile shows approximately 52% Whites, 42% Blacks/African Americans and 12% Hispanics; • There is a high share of the elderly: nearly one- fifth of all residents are 65 or older; • • The level of education is generally low: in most areas, less than 20% of population has a Bachelors' degree; • Median household income is low: below $33,000 in much of the area, as compared to about $44,000 for the City as a whole and $52,000 for the Palm Beach County. Housing: • Housing stock is old: some 60% of homes were built prior to 1971. • Median values of homes in all categories are low: 78% of single-family homes and condominiums and 48% of townhomes have a taxable value below $100 K. • Housing ownership is low: at 56.1 %, compared to 64% for the City as a whole and 70% for the Plam Beach County. • Some 17% of homes are used only for seasonal, recreational or occasional purposes. 4 Page 1062 of 1471 KEY RECOMMENDATIONS The CRA Plan is organized into six districts, identified according to their character, history, location and land use make-up: the Industrial Craft District, the Heart of Boynton District, the Cultural District, the Boynton Beach Boulevard District, the Downtown District and the Federal Highway District. Each district plan reflects a unique vision based on its role in the CRA. Achieving the vision and ultimate role of each district is facilitated by both general and specific recommendations involving topics ranging from the structure of the City's Future Land Use Classifications to the undergrounding of public utilities. Below are the three key recommendations that will have the greatest benefit to the redevelopment of the CRA. to accommodate all components of a complete street including vehicle travel lanes at appropriate widths for the downtown, parking, bike lanes, the "pedestrian zone" and beautification. Urban Design Guidelines The Plan recommends adoption of a comprehensive urban design framework to ensure that the built environment achieves the intended physical vision for the CRA. MOVING FORWARD Change in the Future Land Use Structure of the The 2016 Boynton Beach Community Redevelopment Comprehensive Plan Plan will guide the community through the The Plan proposes changes to the existing future land use (FLU) and zoning structures as currently depicted on the City's Official Future Land Use and Zoning Maps. For example, the Mixed Use Core future land use classification currently allows a maximum density of 80 dus/acre, and the Mixed Use classification allows a maximum density of 40 dus/acre. The Plan proposes to establish a third mixed-use classification to fill this intensity gap. This action will facilitate a more appropriate transition in land use densities and intensities characteristic of the newly recognized Districts, and allow the establishment of secondary activity centers called nodes, to support redevelopment of Town Square, property at the future rail station and at Woolbright Road and Federal Highway. Application of the Complete Streets design principles The Plan proposes the redesign of most major streets within the CRA according to the Complete Streets design principles in order to implement the connectivity and walkability objectives of the Plan. Achieving this objective is critical to the Plan's success which depends on the interconnection of planning districts in a CRA that occupies over 1,600 acres consisting of all types of land uses and varying land use densities and intensities. By building complete streets throughout the CRA, the ideal circulation system will be established to accommodate residents, workers, commuters and visitors traveling within the downtown. These principles will be applied to both public improvements as well as private development to ensure that adequate space is secured redevelopment of the CRA District for another twenty years. The Plan will be relied upon by staff and elected officials to guide policy recommendations and decisions regarding private development, public improvements and in formulating the annual CRA budget. 5 Page 1063 of 14§1 Page 1064 of 1471 ---------------------------------------------------------------------- Updating the Vision 11 Public Participation Process 15 Planning Considerations and Strategies 17 Organization of the Plan 20 B. VISION L_______________________________________________________________________. Mission Statement 2 The Vision 25 Goals and Principles 26 ----------------------------------------------------------------- - - - - - m Connectivity Plan 31 Land Use & Zoning 41 D, DISTRICT PI.xxxANSL---------------------------------------------------------------------- .45 11 Boynton Beach Boulevard District 47 Cultural District 59 Downtown District 69 Federal Highway District 81 Heart of Boynton District 93 Industrial Craft District 105 E. IMPLEMENTATION GUIDE ---------------------------------------------------------„111 Exisiting Conditions Analysis Introduction 112 Planning & Policy 112 Development Projects 113 Initiatives & Programs 113 APPENDIX --------------------------------------------------------------------------. 11 Appendix 1: Existing Future Land Use Map 116 Appendix 2: Recommended Future Land Use Map 118 Appendix 3: Recommended Connectivity Map 120 Appendix : Workshop Polling Results 122 Appendix 5: Exisiting Conditions Analysis 126 Page 1065 of 14§1 Page 1068 of 1471 The Boynton Beach Community Redevelopment Area and Community Redevelopment Agency (both commonly referred to as the "CRA") were established in 1982, and the area was incrementally expanded over a 16 -year period to ultimately envelop approximately 1,650 acres (see location map on opposite page). With the incremental establishment of the CRA came the incremental preparation of redevelopment plans required to guide private development and support the funding and construction of public infrastructure improvements. Chapter 163 Part III of the Florida Statute enables local governments to designate parts of their jurisdictions as Community Redevelopment Areas after a determination that "slum and blight" criteria have been met. Examples of conditions that can support the designation include, but are not limited to, the presence of substandard or inadequate structures, a shortage of affordable housing, inadequate infrastructure, insufficient roadways, and inadequate parking. To document that the required conditions exist, the local government must survey the proposed redevelopment area and prepare a Finding of Necessity. If the Finding of Necessity confirms the existence of such conditions, the local government may create a Community Redevelopment Area where the tools would be applied intended to foster and support redevelopment. Pursuant to state law, the City of Boynton Beach approved Resolution 81 -SS and therefore established the Community Redevelopment Agency to administer its programs and activities, and subsequently, through Resolution 82 -KK declared the downtown area to be "blighted" and created the Community Redevelopment Area. The boundaries of the originally -designated area, generally encompassing the Central Business District zoning district within the original downtown, were expanded in October of 1982, by Resolution 82 -BBB. As per state requirement, the first redevelopment plan for "Downtown Boynton Beach" was adopted in 1984 by Ordinance 84-32. Three more expansions were made to the CRA between 1984 and 1998, beginning with a small extension of the boundary in April of 1984 by approval of Resolution 84-11. More sizeable expansions of the CRA followed in 1987 and 1998. By Resolution No. 87-QQQ, the 1987 expansion included a 518 -acre area bounded by the Boynton (C-16) Canal to the north, the Florida East Coast Railroad to the east, Ocean Avenue to the south and Interstate 95 to the west. The Plan for this area was adopted in December of 1989 by Ordinance 89-49. This area subsequently became referred to as the "Heart of Boynton". The 1998, and last expansion was approved by Ordinance 98-33 and extended the CRA area along Federal Highway (east of the FEC Railroad corridor) to both the north and south city limits. This expansion also included the industrial area located on the northwest corner of Boynton Beach Boulevard and Interstate 95. These expansions were recommended by the "Boynton Beach 20/20 Redevelopment Master Plan." This plan was completed in 1998 as a product of an American Assembly forum held to "chart a positive course for the City". The scope of the plan included the entire area east of 1-95; however, it emphasized the CRA, recognized the existing CRA plans, and recommended the expansion of the CRA to include the industrial area west of 1-95, the Federal Highway corridor, and that portion of the municipal campus located south of Ocean Avenue. Subsequent to 1998, the land area of the CRA has only been increased as a result of the City annexing unincorporated parcels and enclaves located at the south end of Federal Highway. Page 1069 of 14§1 Existina Redevelopment Plans There are currently four adopted plans guiding redevelopment within the CRAand a draft plan for the Boynton Beach Boulevard corridor. The adopted plans include the Heart of Boynton Community Redevelopment Plan, the Federal Highway Corridor Community Redevelopment Plan, the Ocean District Community Redevelopment Plan and the Downtown Vision and Master Plan. The original downtown area that was evaluated in the 1984 Plan was first revisited in 1998 as part of the Visions 20/20 Master Plan and again by the Downtown Master Plan in 2009. Below is a brief overview of each plan. • .D e !' a� ar!" o hit{a��w� f�c uPD«<,i C was adopted in 2001, and represented the first update of the original 1989 Plan. The 2001 Plan was prepared by a consultant team and involved extensive public participation, including five charrettes. In June of 2014 a City-CRAstaff team completed an update of this Plan which was adopted by Ordinance 14-008. The staff team held a meeting with community stakeholders to obtain input on proposed redevelopment options. The plan included eleven recommendations, and emphasized the preservation of residential neighborhoods west of Seacrest Boulevard, and an increase in the intensity of development in selected areas east of Seacrest Boulevard. Recommendations relative to building form and design were minimal with attention limited to traditional design for commercial structures, and the architectural style adopted by the stakeholders, "Floribbean", to recognize the historic style present in the area as well as the increase in Caribbean residents. • Tile 200,11 Federal lfijlj�� Rd el�uu,a.!a��eI Lk Plan,„ Plan was the first version of a Plan completed for a portion of the1998 expansion to the CRA. This Plan was also originally prepared by a consultant, and was updated in June 2006 with a Plan completed by City staff. The plan divides the corridor into five planning areas and provides land use recommendations and strategies for each. The update made few changes to the original recommendations. Additionally, the original plan included market analyses supporting a convention hotel and additional retail and office space in the downtown area; however, the update did not readdress these topics to confirm feasibility. Although the current plan does not include an urban design and architecture section, the general recommendations call for the creation of development standards and design guidelines for bulk and building massing as well as for architectural themes. It should be noted that the plan generated the recommendations for mixed use zoning for redevelopment purposes, which culminated in the codification of the four mixed use zoning districts that are in effect today. • The Ocean District Community Redevelopment Ilan was created in-house by an urban designer -led planning team and adopted in February 2004. The plan features two alternative redevelopment scenarios for the District with corresponding detailed design recommendations. The plan's main focus is the City -owned land which represents 40% of the Ocean District's total area. This area is referred to as "Town Square". The plan also includes design concepts for the areas along Boynton Beach Boulevard, Seacrest Boulevard and Ocean Avenue, as well as the area adjacent to the FEC Railroad tracks and the single- and multi -family neighborhoods situated north and south of Ocean Avenue. The planning process included two in-house workshops and two publicworkshops forcommunity stakeholders. Aside from the alternative designs, the plan includes four broad recommendations suggesting changes in land development regulations emphasizing signage, building design, and street furniture. • aadopted in January 2009, included in its scope the original CRA as studied under the 1984 Plan. The planning process, led by a team of consultants, City and CRA staff, involved stakeholders and City residents and a series of public meetings and visioning charrettes. The Master Plan provides a strategic framework for implementation of goals through five priority action items named "Big Moves". These include the Transit Oriented Development district, cultural and civic campuses anchored by government offices and services, neighborhood centers along Martin Luther King, Jr. Boulevard and the Federal Highway gateway and linear park. The Plan emphasized urban design, but also considered regulatory assessment and economic and market factors. Page 1070 of 1471 The Boynton Beach Boulevard Corridor Redevelopment Plan was drafted by a consultant team in 2004. Until 2004, the corridor only received attention as a subordinate part of the plan for the large 1987 CRA expansion, which understandably placed most emphasis on the extensive residential neighborhoods of this area, and the historic commercial corridor of Martin Luther King Jr. Boulevard. However, the draft plan closely examined existing land use patterns, development constraints of the corridor, recommended zoning, and urban design recommendations for optimal streetscape and residential compatibility. Redevelopment efforts have also been guided by three additional documents: the Urban Design Guidelines manual, adopted by the CRA Board in 2006, the 2005 Boynton Beach Community Redevelopment Agency Economic Development Plan and the 2006 CRA Housing Needs Assessment. The CRAplanning efforts have achieved notable improvements over the past 30 years. However, the outdated status of the redevelopment plans, and the incremental methodology that was used in the individual updates, reinforces the need for the Plans' consolidation and comprehensive revision. The previous approach, applied to consecutive expansions of the CRA, is being replaced with a methodology that facilitates the evaluation of the CRA as a whole. The new, comprehensive approach will use consistent framework, emphasizing interconnectivity and the relationship to focal points and nodes throughout the CRA. It will be based on common land use characteristics and unique attributes, tailoring land use intensities and densities accordingly. This effort is intended to represent the vision for the entire area through a user-friendly plan, effectively and clearly communicating the direction of the Community Redevelopment Agency and key redevelopment opportunities. 13 Page 1071 of 1 11 Page 1072 of 1471 In October of 2015, the effort to consolidate and update the existing Community Redevelopment Agency Plans commenced with a single draft land use plan ready to be presented to the public for input, questions and comments. Since November of 2015, CRA and City staff held four (4) public workshops, of which the first three were targeted the general public; the forth one, while open to the public at large, was specifically tailored for the audience of stakeholders, including developers, real estate professionals and business leaders. While Workshop #1, held on November 7th, 2015, covered only two CRA districts (Cultural and Industrial) out of the six identified within the consolidated plan, the remaining three, held in 2016 on March 3rd, June 11th, and June 21st, presented an overview of all districts. The proposed consolidated plan was also presented to the CRA Advisory Board on July 7th, and to the CRA Board on July 12th and July 21st. During the workshops, "clicker" polling was used to provide instant feedback on a variety of questions. The participants were asked to respond to the proposed land use and zoning structure changes, connectivity and streetscape improvements, and scale and type of redevelopment. For further detailed polling results, see Appendix X. The following is a record of attendees and their affiliations with the City. • WORKSHOP #1: Attendance: 6 (polling of audience was not part of workshop itinerary) • WORKSHOP #2: Attendance: 45, of which Live in City: 58%; Work in City: 8%; Work and Live in City: 21% • WORKSHOP #3: Attendance: 115, of which Live in City: 56%; Work in City: 23%; Work and Live in City: 17% • WORKSHOP #4: Attendance: 40, of which 38% Live or Work in City; 31% identify themselves as developers; 10% as planners or architects; 10% represent financial institutions; the remaining 21 % are on the "other" category. The proposed consolidated plan was also presented to the CRAAdvisory Board on July 7th, July 21st, August 4th, and to CRA Board on July 12th and August 9th. is Page 1073 of 1 11 Page 1074 of 1471 The process used for the preparation of this Plan considered The Analysis of Existing Conditions (see Appendix No. 5), public input, existing redevelopment plans for the CRA, and growth characteristics. It also considered physical, market, and policy -related factors that have affected (or will affect) land use patterns and development characteristics, and land availability and real estate costs. A brief description of those factors, as well as corresponding strategies, is described below. The principal physical factors affecting historical development patterns or limitations have been identified and include the linear configuration of the CRA; the emphasis on the automobile as indicated by the existence and capacity of two intersecting state roadways; confining and bifurcating boundaries to downtown growth including the F.E.C. Railroad right-of-way, the Intracoastal Waterway; and large tracts of land occupied by mangroves. Boynton Beach originally had only a small downtown represented by low -intensity, minimal commercial land uses, constricted by abutting single-family neighborhoods, railroad right-of-way and heavy commercial uses. Additionally, the early demographics and historical role of the City in the region was a factor of it being predominantly a bedroom community for the working class and particularly those workers who built the early estates and hotels on the barrier island. Acommunity of this nature did not support or warrant the development of a prominent commercial center and, particularly, the establishment of a notable main street necessary to support the natural evolution and growth or redevelopment of a downtown challenged to survive during periods of recession and suburban flight. Without a substantial and notable built environment, the downtown lacked influential elements to anchor and guide future expansions. Just beyond the immediate downtown area, as documented by The Federal Highway Corridor Community Redevelopment Plan, the impact of traffic characteristics of Federal Highway and shallow lot configuration has supported marginal commercial development including small "mom and pop" hotels. Particularly in the north end of the corridor, there has been a predominance of service businesses including automobile sales and repair, a car wash, and truck and trailer rental. Until recently, theAmerigas' propane gas distribution facility was located in the downtown. Two policy related factors considered while evaluating development opportunities and challenges in the downtown are the planned return of commuter rail service to the F.E.C. Railroad right-of-way and the approval by the County of the Transportation Concurrency Exception Area (TCEA) for a portion of the CRA. The future Tri -Rail "Coastal Link" train system is planned to begin operating on the F.E.C. Railroad with passenger rail service between Miami and West Palm Beach. This program has the potential for significant benefits for Boynton Beach as it provides convenient access to the tri -county area through the coastal communities. Boynton Beach can offer the region anotheroption forwaterfront living -with marina facilities and oceanfront recreation amenities - in a small-scale environment without the congestion that Page 1075 of 14§1 is characteristic of Dade County, Ft. Lauderdale and West Palm Beach. A significant portion of the CRA is under the Transportation Concurrency Exception Area (TCEA) designation. While the establishment of a TCEA exempts projects within the delineated area from the requirement of meeting the County traffic concurrency requirements, it also sets limits on the amount of development that will be allowed. In addition, there are requirements for periodic monitoring and specific actions to correct any negative effects the TCEA designation may have on mobility, such as establishing a local circulator system to augment the County's public transit service. The designation overlays the Coastal Residential Exception area, which exempts all residential development east of I-95 from traffic concurrency. The TCEA policies, as incorporated into the City's and Palm Beach County's Comprehensive Plans, set up 2025 development caps for a number of residential units as well as non-residential square footage. The maximum number of residential units was set at 8,050 units. As of the end of March, 2013, the number of units within TCEA was 4,225. The 2004 TCEA Justification Report provided the analysis of the development impacts on roadway links and intersections. Moreover, the Transportation Element's Policy 2.1.6 states that "any project utilizing the TCEA and significantly impacting the Florida Interstate Highway System (FIRS) shall be required to address these impacts as required by Palm Beach County." Pursuant to Comprehensive Plan policies, the City will monitor the number of approved dwelling units and comply with all the TCEA caps. Consequently, the CRA Plan must consider the proper allocation of land uses and densities to maintain the development allowance under the TCEA. Various factors related to consumer behavior must be considered and strategized to maximize the successful implementation of this Plan, including the establishment of appropriate and effective Land Development Regulations. The commercial core located along the Congress Avenue corridor consists of a significant number of retail and restaurant uses and is anchored by a long- standing urban shopping mall and multi -screen movie complex. This area of Boynton Beach is the resource for most consumer shopping needs of locals as well as unincorporated residents and residents in nearby communities. The strongest business market is food service with extensive selection of restaurants, but also includes clothing, groceries, electronics, appliances, and sporting goods. With another one currently under construction, there will soon be 4 hotels either along or in close proximity to Congress Avenue. The vision and strategy for the Redevelopment Plan must acknowledge the value of, but not attempt to compete with the commercial resource along Congress Avenue. The chief market factor is an ongoing shift of purchase from brick -and -mortar stores to the internet, which means a change in demand for retail space. Many of the retail players, including the brands traditionally established on Main Street, are facing increasing online competition and are being forced to downsize their footprints. At the same time, many are strengthening their internet capability, changing location and making adjustments to their inventory. These changing consumer demand patters must be considered when creating a vision for accommodating retail businesses in the downtown. Forcing excessive commercial space and/or forcing commercial space in the wrong locations can have a negative effect on the successful redevelopment of downtown. The target strategies must address the limited supply of developable land, relatively high land costs, pedestrian - unfriendly corridors, potentially incompatible land uses, the lack of available quality space for retail and office uses necessary to support the establishment of a vibrant downtown and insufficient densities to support mass transit. Therefore, specific strategies to guide the development of this Plan include the following: • Establish districts with common characteristics to promote identity and the creation of a sense of place; • Identify potential activity centers (or "nodes"), and support appropriate densities and intensities of development including the necessary height provisions and incentives applicable to areas both Page 1076 of 1471 inside and outside the TCEA in order to offset the lack of easily available land and high land costs in the immediate downtown area. • Establish a retail land use base through the appropriate and limited concentration of such uses through the strategic allocation of mixed-use zoning districts and applicable regulations. • Implement a complete street program to shift from an automobile -oriented environment to a multimodal the network. • Continue conversion of the downtown to a more livable place through greenways and ecotrails, and optimal buffering of residential areas from commercial redevelopment. • Implement Zoning and Land Development Regulations that capitalize on the planned operation of passenger rail service along the F.E.C. Railroad right-of-way including expansion of development incentives within the Downtown Transit Oriented Development District. • Accentuate the valuable and unique resources along the eastern fringe of the City to create a complimentary environment that is inviting to both residents and visitors. Reduce dependence on the automobile by accommodating basic goods and services, providing walkable streets and neighborhoods, and achieving efficient interconnectivity between the waterfront, activity nodes, and other places of interest. 19 Page 1077 of 14§1 The Plan's roadmap for implementing these strategies and meeting the challenges described above is set up in four sections: Vision and Goals, Frameworks, District Plans, and Implementation Guide. The Framework section of the Plan is further Six individual districts were identified based, in part, divided into two parts, Connectivity and Structure on their character, history, location, land use make-up. of Future Land Use and Zoning. These include: Connectivity. This section presents a Boynton Beach Boulevard District, located along comprehensive system of "complete streets" Boynton Beach Boulevard from 1-95 to the FEC and other pathways that will unify the CRA area, railroad tracks, bordered by West Ocean Avenue improve multi -modal transportation, and support and NE 1st Avenue on its south side and NW/NE intensification of development. 3rd Avenue on its north; A "complete street", one of the main concepts driving the connectivity system, is a street designed to safely and efficiently accommodate access and travel for all users, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities. In addition to complete streets, the Plan's recommended connectivity system covers greenways, ecotrails and parks, and bicycle facilities. For each, there is a general description, a list of benefits they offer, and an explanation of where they are being proposed. The transit considerations emphasize the future commuter service on the FEC tracks and redevelopment within the Downtown Transit Oriented Development District. Structure of future land use and zonina. This section describes significant recommended adjustments to both Future Land Use (FLU) classifications and the corresponding zoning districts for residential and mixed uses. These amendments are specifically tailored to address the land use recommendations and target zoning districts for each of the six proposed CRA districts. • Cultural District, located along the Ocean Avenue Promenade from the FEC tracks west to S. Seacrest Boulevard, bordered by NE 1st Avenue to the north and SE 2nd Avenue to the south; • Downtown District, generally located between NE 7th Avenue on the north, SE 12th Avenue on the south, the FEC tracks on the west; and the slightly jagged eastern boundary includes the Intracoastal Waterway and S. Federal Highway connected roughly in the center by Ocean Avenue, SE 6th Street, and SE 2nd Avenue; • Federal Highway Corridor District (North and South), located along the corridor, with the Downtown District as a divider, they extend to the northernmost and southernmost sections of the CRA area. The south district contains two county - owned enclaves; • Heart of Boynton District, located north of the Boynton Beach Boulevard District, between the FEC tracks and Interstate 95, with the C. Stanley Weaver (C-16) Canal as its northern border; and • Industrial Crafts District, located west of 1-95, extending from West Boynton Beach Boulevard north to the C. Stanley Weaver Canal. 20 Page 1078 of 1471 The six self-contained plans created for the districts have uniform format. After the introductory section, which includes the progress update (i.e. recent redevelopment projects and infrastructure upgrades), the plan proceeds to present the recommended streetscape improvements and land use changes (no land use or zoning changes are envisioned for the Industrial Crafts District), aswell as infill and development/ redevelopment opportunities. Each plan closes with a description of any applicable, recommended design guidelines. The Implementation Guide is divided into three sections: Planning & Policy, Development & Capital Projects, and Initiatives & Programs. The first section, Planning & Policy, is focused on regulatory matters (e.g. incentives, fees and permitting), the audit of the Land Development Regulations (LDR) and corresponding amendments to the LDR. Next, the Development & Capital Projects section emphasizes site- specific land assembly and streetscape improvements. Lastly, the Initiatives & Programs section involves marketing, branding and signage as well as programmed events and promotions. IFigure X: CRA Districts 10Boynton Beach Boulevard District OCultural District ODowntown District 4@Federal Highway District OHeart of Boynton District ©Industrial Craft District a 'a� 21 Page 1079 of 1411 Mission Statement The mission of the Boynton Beach Community Redevelopment Agency (CRA) is to guide and stimulate redevelopment activities, support affordable housing, foster a stronger economy through small business funding programs and provide free special events that contribute to enhanced quality of life for all residents. 24 Page 1082 of 1471 The Vision The Vision of the Boynton Beach CRA Redevelopment Plan is to create a thriving city with a vibrant downtown and distinct districts. The vision includes unifying, connecting, and investing in sustainable, diverse neighborhoods that support strong local economy and enhance the quality of life for residents. 2 Page 1083 of 1411 Goals and Principles The CRA has identified a set of Goals which serve as the Planning Principles: Create a unique identity for the Districts drawing on elements such as its historic commercial marine industries, recreational amenities and cultural and public arts through special events, programs, projects and marketing. • Create a balance of sustainable and functional land uses for each District as a base for District plans. • Protect and enhance existing single-family neighborhoods. • Encourage the expansion of existing businesses and seek to attract new ones through the use of incentives and technical assistance. • Develop a coordinated signage program, including welcome signage, way -finding signage and street banners, that will identify and and promote each District. • Program and promote special events through available financial, staffing, marketing or other mechanisms. • Create a comfortable, walkable and safe pedestrian -scale environment connecting residents and visitors to the commercial, social/cultural and recreational areas within each District. regulations that support a diversity of mixed uses in the downtown area and adjacent planning areas including but not limited to residential, destination commercial, retail, restaurants, hotels, office, civic and recreational uses. Develop policies and strategies for providing adequate public parking areas within each District to support commercial and residential redevelopment such as but not limited to financial incentives, land acquisition and construction. Create/encourage/support land development regulations that provide alternatives to parking requirements. • Encourage and assist existing development and redevelopment projects that provide employment and economic opportunities. Create programs, projects and funding which supports existing and new commercial development and act as a catalyst to leverage additional investment by private sector enterprise such as, but not limited to, economic incentives for rehabilitation or construction activities, development costs or infrastructure improvements. • Provide programs that market and promote the businesses, activities, special events, development and redevelopment opportunities and projects within each District. • Pursue development and redevelopment projects, • Create zoning and land use development actively engage in land acquisition and disposal, 26 Page 1084 of 1471 environmental and economic viability studies, building demolition and construction, site and infrastructure improvements, and project design and construction. • Create, improve and promote the public waterfront areas and public open spaces, parks, greenways, blueways and bikeways. Encourage and incentivize the improvement, development and implementation of streetscape enhancements within the Districts, including landscaping, street furniture and hardscape features, signage, pedestrian safety and walkability/connectivity, crosswalk treatments and lighting elements. • Encourage the preservation of existing affordable housing and the development of new affordable housing by providing technical assistance, incentives and land. Encourage the preservation of the commercial and recreational marine industries operating within the CRA, such as, but not limited to, the Boynton Harbor Marina District, by financial investment, physical improvements, special events, marketing and promotional activities. Encourage the preservation of the existing public waterfront access areas and—wherever feasible— provide for the addition of new public waterfront access through acquisition, easements or other means available to the Agency. Encourage and initiate various innovative community policing techniques and programs, code enforcement, "clean and safe" programs and policies, and other means deemed feasible and appropriate in order to stabilize and enhance neighborhoods and commercial areas. Page 1085 of 14§1 30 Page 1088 of 1471 The CRA is directly accessed by Interstate 95 via Boynton Beach Boulevard and a US -1 (a.k.a. Federal Highway). Being dissected by these two State roads, and situated generally between a major freeway and popular marina and oceanfront recreation amenities, the downtown has considerable exposure from local and regional traffic. However, the historic emphasis on accommodating the automobile prevails today, as well as the environment commonly associated with road rights-of-way devoted to wide travel lanes, extensive center turn lanes, minimal sidewalk widths, landscaping, and a deficient and segmented bikeway system. Using the Complete Streets design concept as a guide, this Plan will support existing efforts to promote alternative modes of travel within the downtown area, as well as fill voids in the system which, in part, may be the result of the previous incremental redevelopment efforts. What have been individual plans and unrelated planning areas throughout the CRA, will become one document unified with a mobility plan comprised of Complete Streets and a planned -out bicycle and pedestrian network. This plan will ensure optimal linkages for residents, employees and visitors, to existing and future activity nodes consisting of the train station and transit area, business and shopping centers, event venues, and recreation amenities interspersed throughout the area. The "Complete Streets" program originated from The National Complete Streets Coalition, a program of Smart Growth America, during a collaborative effort in 2003 to expand a transportation planning initiative beyond bicycle integration. The non-profit alliance of public interest organizations and transportation professionals started this official nationwide movement to integrate people and place in the planning, design, construction, operation, and maintenance of transportation networks. The program promotes policies for various agencies that are responsible for the transportation planning to ensure that streets are routinely designed and operated to enable safe access for all users, regardless of age, ability, or mode of transportation. This means that every transportation project will contribute toward making a city a better place to live. The Complete Streets initiative for the downtown area is a critical component of the plan that connects a large and linear CRA, involves greater emphasis on densities, intensities, and land uses that support mass 31 Page 1089 of 1 11 transit and, in particular, the commuter rail service - on the F.E.0 Railroad. To encourage people to get out of their vehicles and use alternative modes of travel such as walking, biking, and transit, there must be safe and esthetic routes. The following streets represent the principal elements of the roadway network within the CRA and are therefore recommended to ultimately be designed as Complete Streets: g Boynton Beach Boulevard consists of maximized vehicle travel lane widths, minimal bike lane width, narrow sidewalks, minimal separation between the travel lanes and the pedestrian way, and frequent intersections and driveway openings without design and markings for pedestrian safety. This road is the main entrance into the downtown area connecting the CRA to the greater region and the western communities. As indicated above, it is the link for local and regional patrons to ocean amenities whether for active recreation and sport such as fishing, diving and snorkeling, or for passive use of the miles of beachfront parks. Furthermore, the vision for the corridor includes greater retail intensity combined with residential land uses in low-rise mixed-use developments. Traffic speeds should be calmed, and pedestrians better accommodated. Wide sidewalks and greater separation from the vehicle travel lanes should be a priority. Separation can be accomplished by landscaping, on -street parking and wider bike lanes along this roadway. Plant selection and landscaping design should emphasize canopy trees where feasible to maximize shading for the pedestrian. Also, the ultimate redesign of this road should include one of more cross -walks to facilitate safe north -south movement west and east of Seacrest Boulevard. To achieve the ideal complete street, dedication of private property may be necessary, which would be timed with private redevelopment projects. Federal Hig wayis the main north -south entry into the CRA, providing access to the downtown and future passenger rail station. Although it is unlikely that the entire length would be traversed on foot on a regular basis, it is a rather short distance to bike. Federal Highway currently has three different retail hubs, and waterfront parks that should be easily accessible by the pedestrian and bicyclist originating from eitherthe east orwest sides of Federal Highway. Federal Highway is also one of the main bus routes in the County, with numerous bus stops scattered throughout the CRA. "Walkability" should be the priority in both public and private improvements to maximize access to these bus stops, as well as local resources such as the Walmart grocery store at Gulfstream Boulevard, the shopping node located at the Woolbright Road intersection, and the downtown area at the intersection with Boynton Beach Boulevard. The valuable waterfront parks are conveniently located at the northern middle and southern sections of the corridor, thereby minimizing travel distances for local residents and facilitating the opportunity to bike or walk to these amenities or corresponding special events. Similar to the recommendation for Boynton Beach Boulevard, wide sidewalks and greater separation from the vehicle travel lanes should be a priority. Separation should be accomplished by landscaping, on -street parking and bike lanes along this roadway. Plant selection and landscaping design should emphasize canopy trees where feasible to maximize shading for the pedestrian. Again, to achieve the ideal complete street, dedication of private property may be necessary, which would be timed with private redevelopment projects. Page 1090 of 1471 Ocean Avenue Gs unique to the downtown roadway network as it has segments designated with different classifications and under different jurisdictions. One segment (located west of the F.E.C. Railroad tracks) is primarily used by local residents and patrons of the civic uses such as the Children's Museum, Civic Center, Library and the Arts Center. This segment has a 25 mph speed limit, frequent 4 -way intersections, on -street parking, and relatively low - scale development. The segment east of Federal Highway changes in purpose, becoming an access route to, and emergency evacuation route from the barrier island. This segment of Ocean Avenue is under State jurisdiction and provides access to a downtown node consisting of the CRA's marina and waterfront park, the Marina Village development, and waterfront restaurants. Also adjacent to this commercial center is the City's Boynton Beach Promenade and Mangrove Park with its boardwalk path through the mangroves to the Intracoastal Waterway. This area is anticipated to grow in popularity by the natural attraction to the waterfront, the waterfront restaurants and businesses and the park amenities. Ocean Avenue has an important role in the CRA plan given its quaint charm and connection between the Cultural District and Town Square (civic campus), and the Downtown District. Given its characteristics and relationship to the civic uses, it will continue to serve as a venue for existing and future special events which uses the entire right-of-way in street - festival fashion to accommodate the patrons. Seacrest Boulevard is a north -south county collector street that dissects the Heart of Boynton District and MLK Jr. Boulevard, represents the western border of Town Square, and separates the large single-family neighborhoods from the civic campus, recreation areas, and the downtown. This road is flanked by, and connects various public, private and institutional uses such as various churches, Poinciana Elementary School, Sara Sims Park and nearby Wilson Park/ Denson Pool, one of the City's largest employers (Bethesda Hospital) and City Hall. Historically, the role of this road in the area's roadway network has been a collector street extending south into the City of Delray Beach and north into the Town of Lantana. The design places a greater priority on the motor vehicle and the terminating destinations, than on the pedestrian, bicyclist, and abutting residential neighborhoods. Although streetscape improvements to a portion of the northern segment of Seacreast Boulevard were completed in 2015, the improvements excluded an increase in the sidewalk widths and the expansion of bike lanes, mostly due to the limits of the existing right-of-way and the County's design standards. Given the location within the redevelopment area the abutting land uses including substantial single-family neighborhoods, traffic calming and pedestrian circulation should be a priority in future public infrastructure improvements and in the design of private development. Page 1091 of 14§1 13 oolbrig t Road is a county collector street serving as a second major linkage between 1-95 and Seacrest Boulevard, the activity node at the intersection with Federal Highway, and waterfront land uses and amenities. Although mostly located outside of the CRA, it is a principal connector road within the network, a second entrance into the CRA and the downtown. Similar to segments of Boynton Beach Boulevard, Woolbright Road consists of wide vehicle lanes, an uninterrupted center turn lane, minimal landscaping and no shading for the pedestrian. Despite the fact that the road separates a large single-family neighborhood to the north from a recreation area to the south, it has no direct pedestrian crossings or bike paths, and there is much room for improving the aesthetics of this second access into the CRA. Gateway Boulevard is the last of the streets recommended to ultimately become "Complete Streets", and is included given its proximity to the CRA and role in the circulation system in the City. Although only a short segment of it is within the CRA it serves as a main access route from 1-95 to the north end of the CRA, and connects residential neighborhoods in this northern area to a potential future hub of convenience stores to serve local needs. The F.E.C. Railroad crossing represents a challenge to providing optimal pedestrian access along this short segment of Gateway Boulevard. 34 Page 1092 of 1471 Figure X: Recommended Complete Streets r,..,..._ —_______i_ ___—___ I y 1 m I � N Rnvntnn Raarh Rhin � �> Page 1093 of 1 11 ! ! ! ! ! ! ! ! ! r ! E ! �> Page 1093 of 1 11 Greenways and ecotrails represent enhanced public walkways intended to serve as a buffer (or transition) between land use categories, or provide a connection for the pedestrian between parks and conservation areas within the CRA. Depending on the purpose, such walkways could be defined by decorative buffer walls, natural landscaping and dense tree canopies, meandering paths, accentuated cross -walks, way -finding signage, and other public amenities such as covered areas and benches. Many of the City's natural areas and parks are "off the beaten path" and therefore may not be realized by residents and visitors. Such a walkway or trail system raises awareness of, and increases accessibility to these attractions within the CRA. As described above, they are also used to simultaneously provide a buffer or transition from commercial areas or areas of higher density residential land uses to abutting low density residential neighborhoods. Consistent with the City's Greenways, Blueways, and Trails Plan completed in 2015, this Plan highlights and recommends segments from this city-wide trails plan to increase access to and through the Mangrove Park, the Boynton Beach Marina and waterfront area, Pence Park, Sara Simms Park, Wilson Park, Palmetto Greens Park, and Barton Greenway. A pedestrian greenway is recommended for the north side of Northwest 1 st Avenue, to promote redevelopment of the full block along the south side of Boynton Beach Boulevard while buffering the single-family neighborhood to the south. Legend SClek^.� � ka L,n e t�xl,dnr�! Ll"Ez114� c1,`dF, Figure X: Recommended Greenways & EcoTrails Page 1094 of 1471 Via I CO NW 1st Ave. . IW. u W. Al. w q- ll a, M P Ocea Ave I I;uce�.' ,' I .r Legend SClek^.� � ka L,n e t�xl,dnr�! Ll"Ez114� c1,`dF, Figure X: Recommended Greenways & EcoTrails Page 1094 of 1471 With the convenience and low cost of using a bicycle, the increasing availability of bike accommodations throughout the area, the bike accident data and reputation of our streets for being unsafe to bicyclists, bike paths and lanes are basic components of most transportation planning systems and an important part of the connectivity element of this Plan. Most all of the County's Palm Tran system accommodates bikes, and the local commuter train Tri -Rail has dedicated bike storage systems both on the trains and at the stations (most areas are covered or even include enclosed lockers). Bike accommodations can take the form of on -street bike lanes or shared paths within rights-of-way, or dedicated or shared paths located apart from the public roadway network. As referenced above under Greenways, Ecotrails & Parks, components from the City's Greenways, Blueways and Trails Plan have been emphasized in this Plan to further the connectivity objective, while supporting a more sustainable mode of travel and promoting recreation and healthier living. In addition to providing direct access to or within the points of interest shown on the corresponding exhibit, bike lanes or paths should be added to and/or maintained or improved on Federal Highway, Boynton Beach Boulevard, Seacrest Boulevard, Woolbright Road, Ocean Avenue, NW 2nd Street, SE 4th Street, and NW 4th Avenue. Legend Streevs Figure X: Recommended Bike Lanes Page 1095 of 14§1 The CRA is currently served directly by the Palm Tran System, providing bus transit services with both a fixed route program and a door-to- door paratransit program for the disadvantaged resident and guest. Palm Tran Route #70 follows Seacrest Boulevard with numerous bus stops in the Heart of Boynton; it is an important link between the downtown and the Tri Rail Station located just west of I-95 near Gateway Boulevard. Palm Tran Route #73 primarily traverses Boynton Beach Boulevard from downtown west to Bethesda Hospital West at SR 441 and includes a direct stop at the Boynton Beach Mall. Lastly, Route #1 extends along Federal Highway and terminates at the Gardens Mall in Palm Beach Gardens, and south of Palmetto Park Road in Boca Raton. All three (3) bus routes travel through the City's Downtown Transit Oriented Development (TOD) District and would provide direct access to, or are located within a short walking distance to the planned passenger rail station near Boynton Beach Boulevard and NE 4th Street. As indicated above, Route #70 provides the link for the downtown to regional commuter rail transit provided by Tri -Rail, which operates on a shared railroad that parallels I-95 through the tri -county area; provides stops within Palm Beach, Broward and Dade Counties; and connects with Amtrak and Metro Rail in Miami. Tri -Rail provides access to major employment centers and educational institutions within the tri -county area as well as all three major airports within the region. There are future changes on the horizon in transit options for downtown Boynton Beach, which the City has been planning for since it became certain that Tri -Rail services would be expanded to the F.E.C. Railroad. The F.E.C. Railroad is a historic rail line originally built and operated for passenger service until discontinued in 1968. It traverses the coastal communities along the coast of Florida, closely paralleling Federal Highway within the region. This new service is currently planned to be phased in, starting with service in Miami, followed by phasing in the additional northern stops as justified by demand. Based on demand being a factor of population density and employment, the City began planning for a downtown station with the Transit Oriented Development (TOD) Study; establishment of the Downtown Transit Oriented Development District; and adoption of the initial TOD zoning provisions with density bonus incentives and a minimum density standard. These provisions apply within the Downtown TOD (a.k.a. "Station Area"), which is defined as the area within a one-half mile radius around the future station stop planned for the intersection of Boynton Beach Boulevard and NE 4th Street. It is important to prioritize the need to improve land development patterns in advance of station development for several reasons: (1) transit -oriented development (TOD) improves ridership for transit service, thereby increasing efficiency; (2) transit service increases access to station areas, thereby increasing potential for higher intensity and density land development; (3) TOD equally accommodates all modes of transportation (car as well as pedestrian, bicycle, and transit), further increasing access to station areas and potential for increased development capacity; and (4) TOD encourages a park - once environment, which reduces vehicular demand on the roadway network and carbon emissions. Furthermore, federal funding for transit projects such as the Tri -Rail Coastal Link are highly contingent upon existing and projected TOD patterns around station areas such as the City's planned rail station. Cities that adopt TOD plans and codes ahead of the planned service help improve the competitiveness of the City for a train stop. The most significant features of a TOD are (1) increased density and intensity of development, with minimum levels of development recommended by FDOT, (2) walkability and interconnectivity throughout the area; and (3) mix of uses appropriate to the service and area. In July of 2013, the City adopted provisions for TOD and the corresponding standards within the mixed use zoning regulations, including the minimum density standards for mixed use districts within the Transit Core, defined as a '/4 mile radius around the future station. Page 1096 of 1471 Prepare a Complete Streets program for the targeted streets within the CRA to guide the ultimate redesign and or incremental improvements to implement the connectivity and walkability objectives of the plan. • Require the completion of all missing sidewalk segments within the CRA and adjoining areas in conjunction with private development or redevelopment, and public improvements. • Require that development design establish a pedestrian zone along the rights-of-way, tailored per roadway type and anticipated land use. • Require that streetscape landscape design and species selection emphasize the pedestrian way with optimal location and maximized shading. • Ensure the completion of greenways through necessary dedications and physical improvements required in conjunction with private and public development. • Consider the opportunity to promote downtown events in appropriate areas through the use of Festive Street design. • Consider LDRs that will ensure the installment of the greenway as a condition of rezoning for full block commercial/mixed-use redevelopment of the Boynton Beach Boulevard Corridor. • To ensure optimal bus stop locations and design, coordinate with Palm Tran as part of the development review process, and consider additional LDRs that require related improvements concurrent with development and redevelopment throughout the CRA. 39 Page 1097 of 1411 40 Page 1098 of 1471 The land use recommendations constitute the bedrock of a community redevelopment plan. The Plan proposes to initiate changes to the existing future land use (FLU) and zoning patterns as currently depicted on the City's official Future Land Use and Zoning Maps. Site specific changes will be facilitated and supported by significant adjustment to the future land use and zoning structure, through modifications of both FLU classifications and the corresponding zoning districts for residential and mixed uses. As shown in Table 1 and 2 below, the Plan recommends elimination of several categories and creation of new ones for both future land use and zoning, as well as modifications of the density caps: EXISTING FLU DENSITY DUACRE RECOMMENDEDFLU DENSITY Low Density' Low Density (LDR) E - Merged) into one category a Modera (MODR) ® Medium Density (MEDR) Medium Density (MEDR) Merged into one category High D- DensityHigh Special, � l- (SHD_ DR SpecialDensityR 1` remains Mixed Use Low Mixed _ < ® Mixed Use Medium Increased Density- -d Mixed - s -a - a t � with previousnds Mixed - Core fable 1. Proposed Changes to the Future Land Use (FLU) Classifications 41 Page 1099 of 1 The recommended changes to the existing future land use classifications include a corresponding set of proposed changes to the zoning structure, shown in Table 2. RECOMMENDED DEN-srrr ZONING DEN Srrr MAX CHANGE To ZONING LAND USE, DUAL R E DISTRICTS CAPS HEIGHT DISTRICTS %,, E`S1DE' T1 L R 1 -AAA, R 1,- M.'erged zoning districts Low Density (LDR) 7.5 AAB, R1- , R -1A, R-1, 5 TO 7.5 30 (2 stories) corresponding to existing LDR and PUD MCDR FLU categories R2 10 33 (2 Corresponding to the existing Medium Density stories:) MPDR (MEDR) 11 R3, PUD, 45' (4 [PUD 11 stories) Previously under the HDR FLU High Density (HDR) 1:5 R-4, I;PUID, 15 451 (4 NEW distri:ct R-4 PUD stories Special High 2:0 IPUD, PUD 20 45 (4 No change Density (SHDR) stories) LaFtE l� AAAI > I USE Density and height same as the Mixed' Use Low 2Q MU -1' 2 45' (4 M'UL 1 zoning district Under the stories) existing MX FLU 65' (6 Increaseddensity. existing MUL- MU-2 40 stories) 2 ender NIX FLU at 30 duJacre Mixed Use 5 Medium MU -3 50 75` (7 NEW distrct sto ries) MU -4 60 100 00 NEW district stories) Mixed Use High 8 153' (15 Renamed district. Corresponds MU, Core so stories:) with previous MU' -H_ Table 2. Land Use Structure and Corresponding Zoning The recommendations emphasize mixed use for development and redevelopment, which are intended to play a major role in the ongoing revitalization of the CRA area, encouraging high quality design by providing both greater flexibility and more control. • 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 42 Page 1100 of 1471 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. Merging of the two lowest density residential classifications into a single classification named Low Density Residential Future Land Use Classification (LDR), with the maximum allowable density of 7.5 dwelling units per acre. The existing zoning designations remain and will act to limit densities in neighborhoods developed with densities below 7.5 DU/Acre. This change contributes to "house cleaning," eliminating a City-wide inconsistency whereby a significant number of residential areas classified as Low Density Residential—for example, areas west of Seacrest Boulevard in the Heart of Boynton district—carry zoning designations corresponding to the Moderate Density future land use category. Merging of the Medium Density Residential and High Density Residential future land use classifications into a single classification named Medium Density Residential Classification with a maximum allowable density of 11 dwelling units per acre. The corresponding zoning designations are also merged and now include R-2, R-3, IPUD and PUD will remain unchanged. It is currently under the High Density Residential category. Simply stated, this change merges two land use classifications with closely matching density caps (10 units per acre and 11 units per acre). • Creation of a new High Density Residential future land use classification with a maximum density, of 15 dwelling units per acre. A new multifamily zoning district, R-4, is proposed for this category. The Special High Density (SHDR) classification remains as is. This classification, limited to the CRA area, does not allow commercial uses except for marine -oriented and water -dependent uses in conjunction with the Palm Beach County Manatee Protection Plan. Its maximum density of 20 DU/Acre is the same as the maximum residential density of the new Mixed Use Low future land use classification. Even though the latter does not necessarily require inclusion of commercial uses, maintaining a SHDR as a residential -only classification (except as stated above) is important as it may be more appropriate than Mixed Use Low for certain locations. Further, significant amount of land within the CRA has already been developed under SHDR classification with the IPUD zoning. Aside from the CRA area, for which they are intended, the changes will eventually have a City-wide benefit for future redevelopment. 43 Page 1101 of 1411 6 Page 1104 of 1471 Boulevard Dist ct introduction Planning Challenges Planning Considerations The Vision Recommendations 41 Page 1105 of 1 I n4i:rodu�,.;ition Currently there is not an adopted plan for the Boynton Beach Boulevard corridor. There were public workshops held in 2005 to discuss the vision of the corridor. Many of the recommendations from those workshops are incorporated into this plan. There has been no redevelopment progress along the corridor at the scale envisioned by this Plan due to lack of developable parcels, no clear development vision and little to no public investment. The CRA invested in a public parking lot in 2015 to serve the future downtown growth. The CRA is currently in the planning phase for improvements to Boynton Beach Boulevard. The Boynton Beach Boulevard District is located along Boynton Beach Boulevard east of 1-95 to the FEC Railway from N.E. 3rd Avenue to the north to N.E. 1 st Avenue to Seacrest Boulevard and W. Ocean Avenue west to 1-95. This area is the main entry into downtown Boynton Beach from the exit off of 1-95 and will therefore establish the first impression that visitors and many residents have of the City. The district also provides easy access to the City's public beach, the Boynton Harbor Marina, City Hall, and the Children's Schoolhouse Museum and the Library. The areas directly north and south of the District are predominately large single-family neighborhoods. There is no buffer between the commercial uses fronting the corridor and residential uses which has not helped with property values of these neighborhoods. PIIci n naiianaa C Gaza hall a s As the City grew, Boynton Beach Boulevard was widened to five lanes to accommodate more traffic. Additionally, the commercial zoning only extends one-half block deep from Boynton Beach Boulevard which does not encourage viable commercial uses and has resulted in the minimal conversion of single-family homes along the Boulevard to commercial uses rather than redevelopment at the scale envisioned by this Plan. Almost all of the parking for the businesses is in front of the buildings meaning that in many cases, cars have to back out into traffic. There are numerous curb cuts for each commercial use along the corridor leaving little room for landscape improvements and the pedestrian zone. Due to the widening ofthe Boynton Beach Boulevard over the years, vehicular use has been emphasized over pedestrian or bike use. Under the current configuration of the roadway, there is insufficient right- of-way for landscaping, wider sidewalks, bike lanes, bus shelters and street 48 Page 1106 of 1471 furniture. Recently large utility poles were installed on the south side of the Boulevard adding to the visual blight of the corridor. There are only three signalized intersections that have formal pedestrian crossing zones. Pedestrians must walk several blocks in order to cross the Boulevard. There are no destinations other than City Hall and the Post Office along the corridor to attract the interest of visitors or residents. The majority of the businesses are small service types with fewer than five employees. The buildings are outdated, constructed from the 1930's to the 1970's. The majority of the buildings are single -use and there is no shared parking or pedestrian access across properties. Additionally, there are no large parcels ready for redevelopment meaning that assemblage of land must be still be achieved. City Hall is located along Boynton Beach Boulevard but is envisioned to be relocated into the Cultural District as part to the Town Square project. The City Hall site on 3.71 acres offers an opportunity for development of a private mixed-use project. P Ilr a a jl ii ai ,, '- - 'c� 6 , era .6�u� n j!. Several factors were considered in determining the land use designations for the Boynton Beach Boulevard. District. Just east along the District is the location of the future site of the station for the planned Tri -Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a '/2 mile radius around the station's location. The DTOD district regulations support increased intensity of development through a 25% density bonus. The Boynton Beach Boulevard District and DTOD district overlap; only the area from 1-95 to (approximately) N.W. 2nd Street is not included within the DTOD area. A second consideration is that the Boynton Beach Boulevard District is entirely enclosed within the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of 1-95, exempts all development from the Palm Beach County traffic con currency thus allowing denser development. The Plan recommends that the higher density and height occur within this District where both the TCEA and the TOD overlap. NW 1st Avenue Historic District: Figure X: Planning Challenges Example There is potential for a historic district on NW 1st Avenue. The area includes thirteen properties, seven of which would be considered "contributing properties" in the historic district. To initiate the designation process, a simple majority of the property owners within the proposed district must agree to the initiation of the designation process. Although the current designation proposal was not supported the majority of property owners, the results were close. Staff will continue to review options for the preservation of historic buildings. Figure X: Historic Property on First Avenue 49 Page 1107 of 1411 VIIsIItuin The Boynton Beach Boulevard District is envisioned to serve as a welcoming and beautiful entry into the downtown district. Pedestrians will be encouraged to walk along the broad sidewalks in the shade of mature trees to visit the various stores and restaurants along the corridor. Bicyclists will safely travel along the corridor and be able to park their bike at one of the bike racks to grab a cup of coffee with a friend. Visitors will be able to find their way to the marina, the Children's Schoolhouse Museum and the library using the various way finding signs along the corridor. Investors will see the value of developing in downtown Boynton Beach based on the public improvements and will begin to assemble land for development of mixed-use projects. „R„qe oqrnn,'i,endafion St9„e„g„ tsin r sts Streetscape enhancements are recommended for the corridor within the Boynton Beach Boulevard District. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Implement a Complete Streets program for Boynton Beach Boulevard including the addition of: • On -street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Narrowing of travel lanes to create space for landscaping and wider sidewalks and to make the street safer for bicyclists and pedestrians. • Minimum 8' wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development • Create a greenway along the north side of NW 1st Avenue per the Connectivity Plan • Create way finding signage to mark the entry into the City and brand the district • Install public art in key locations • Create a Pedestrian Zone adjacent to the right- Provide additional pedestrian crossings where of -ways that is inviting, safe and includes: needed • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Underground overhead utilities Figure X: Boynton Beach Blvd. District Streetscape Recommendations Area 50 Page 1108 of 1471 Intersection enhancements • Directional signage • Pavement / material • Landscaping • Public art location • Safe pedestrian crossing Intersection enhancements • Entry to Downtown • Directional signage • Pavement / material • Landscaping • Public art location • Safe pedestrian crossing Figure X: Boynton Beach Blvd. Intersection Enhancements Figure X: Boynton Beach Blvd. Example Streetscape Enhancements 5 Page 1109 of 1411 Boynton Beach Boulevard Design: West of Seacrest Boulevard 9.01 .0' C TL T, TL sw MD S, "N �"L10.01 CU,,—jg,o� 4.01 re Figure X: Boynton Beach Blvd. Section from 1-95 to Seacrest Blvd. 5 2 Page 1110 of 1471 Boynton Beach Boulevard Design: East of Seacrest Boulevard =-TZ I_ I =` SII W- �o �a U � I 'tN ,I e# y' L T ,.....--12 0'— '° 7,Cr 50 10. .... ... __lir' x Figure X: Boynton Beach Blvd. Plan from Seacrest Blvd. to Federal Hwy. C�Ni3v4' e ..INNEWWR CANICIf"Y-MFE MID 15.0 a :stir Y PARKIN& T MC * 104' Figure X: Boynton Beach Blvd. Section from Seacrest Blvd. to Federal Hwy. 531 ! r....._. �..._._..._ _. Zi Zi0 I ,L ) FkWCr3,..I,., 'Nti -1 r7 I� x TL TI PARKINCI 'A 9.01_!--7.CI,-2: I ;') P2.o'.... Page 1111 of 14§1 e t'ti"nn,'i,ende (9sutns Land Use The predominant existing future land use designation along the Boynton Beach Boulevard corridor is Local Retail Commercial. Otherfuture land use designations are Public and Private and Governmental/ Institutional (where City Hall is located) and Office Commercial. The Local Retail Commercial designation only extends a half -block to the north and south of Boynton Beach Boulevard. The lack of depth has prevented successful projects from being developed along the corridor. In order to encourage a vibrant corridor with the desired private development and public spaces, it is recommended that the following future land use changes be made: • From 1-95 east to N.W. 1st Street, change Local Retail Commercial and Low Density Residential to Mixed -Use Low. The Mixed -Use Low land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. • From N.W. 1st Street east to N.E. 3rd Street, change Local Retail Commercial, Public and Private Governmental/Institutional, Medium Density Residential, General Commercial to Mixed -Use Medium Future Land Use. The Mixed -Use Medium land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. • From N. E. 3rd Street east to the FEC Railroad, change General Commercial, Industrial, Local Retail Commercial to Mixed -Use High future land use designation. The Mixed -Use High future land use designation should extend the depth of the block north and south of Boynton Beach Boulevard. Below is a table showing the proposed land use and zoning designations that will apply along the Boynton Beach Boulevard corridor: LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAP HEIGHT' Low Density 7.5 R1 -RAA R1 -,ARB Rl-AA, 5-7.5 30' Residential R -1R, R-1, PUD Mixed -Else Low 20 MU -1 20 45` Mixed -else MU -2 40 65` Medium 5® MU -3 50 75' MU -4 60 100, Mixed -Else High 80 MU Gore 80 150' lable 3.Kecommended Future Land Use (FLU) Glass! tications within the Boynton Beach Blvd District d';4 Legend 10 drrsEriar �w,l�l i-li r Ffl�rl�' iY� -.i'3G Gcr= vicmr-Frim f0n¢,a mus 6 7 'Al 01 rApdh 4,1 dwic 1—v" ;u:e.r:, Page 1112 of 1471 e co rn n,'ia/fan da iaoan Urban ngs ji #,/ Create an overlay district for Boynton Beach Boulevard to control height at street frontage, building setback, design, and uses. • The building shall be setback to accommodate the pedestrian zone. • Active commercial uses shall be required on the street frontage of Boynton Beach Boulevard. Automobile oriented uses, such as, gas stations and car washes, are prohibited. Drive-thrus are only permitted when not visible from right-of-ways and completely behind a structure. • First floor of building shall maximize the amount of glazing. • Buildings fronting Boynton Beach Boulevard shall have maximized glazing on first floors • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone. • Buildings fronting Boynton Beach Boulevard shall have a minimum height of 30' • Buildings fronting Boynton Beach Boulevard shall be a maximum of 45', consistent for 30' deep. Figure X: Example Greenway Recommended on First Avenue • Parking shall be located to the rear or side of the property. MU -L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton beach Blvd • All buildings along Boynton Beach Blvd pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Boynton Beach Blvd. • Mixed use projects adjacent to single-family areas shall include greenways for proper buffering MU Low • 20 du/ac (incentivized units) • Max height 45' • Redevelopment / infill • Commercial uses required • Parking at rear • Public greenway to buffer BFR • Two story max at street • Buildings set back to allow for pedestrian zone Town square • 40- 50 dulac • Max height: 65'-75" • TOD Density Bonus • Commercial uses required MU- Med • 0-50 dulac • Max height: 5'-75` • TOD Density Bonus • Commercial uses required • Max 4 stories on street MU- High • 60 du/ac (zoning MU -4) • Max height 100` • TOD Density Bonus • Commercial uses required • Max 4 stories on street Figure X: Boynton Beach Blvd. Example Projects 5 Page 1113 of 1411 Figure X: Boynton Beach Blvd. Example Mixed Use Low Project 0 Page 1114 of 1471 Figure X: Boynton Beach Blvd. Example Mixed Use Medium Project Page 1115 of 1 58Page 1116 of 1471 introduction Planning Challenges Planning Considerations The Vision Recommendations 5 9 Page 1117 of 1 I n4i:rodu�,.;ition The most recent planning effort for this district was the Downtown Vision and Master Plan adopted in 2009. Prior to that, the Ocean District Plan was adopted in 2004 to guide redevelopment in this area. The common vision of both plans was to create a cultural district along Ocean Avenue anchored by on the Children's Schoolhouse Museum, library and civic uses and to maintain and reuse the historic structures. The City invested in a streetscape project along Ocean Avenue in the late 1990's. The CRA purchased a historic structure at 211 Ocean Avenue that is in the planning process to be converted to a bar/restaurant. The CRA moved another historic structure onto Ocean Avenue from N.E. 1st Avenue to create a cafe. In 2011 the CRA developed the amphitheater where most of the CRA events are held. The goal of these projects is to activate Ocean Avenue. The Cultural District boundaries are Seacrest Boulevard to the west, N.E. 1 st Avenue to the north, the FEC Railway to the east and S.E. 2nd Avenue to the south. It is adjacent to the Boynton Beach Boulevard District and the Downtown District. The Cultural District contains 28 acres and is the smallest of the six planning districts. The area directly north of the District is predominantly commercial with one residential condominium. South of the District is predominately single-family use. There are a number of older condominium buildings within the District as well as a smattering of commercial uses. 0 Page 1118 of 1471 PIIza nnaiianaa C h,a shall e The Cultural District has some unique redevelopment challenges. First, the ownership pattern makes assemblage of developable parcels difficult. There are seven condominium buildings within the District. The cost and difficulty of assembling these condominiums make the redevelopment of sections of the Cultural District a long term prospect. A disconnect exists between what the future land use map states what may be developed and what the redevelopment plans recommend. This leads to confusion for both residents and investors as to what is the desired vision for the area. A lack of active uses, particularly nighttime uses such as cultural venues, restaurants or galleries, discourages visitors and pedestrians from visiting this area of downtown. Narrow sidewalks or no sidewalks on some streets discourage walkers as well. The civic campus, including City Hall, the library, the Civic Center and the Art Center located in the District attract people during the day. However, with no retail or restaurants in the immediate area, they have no reason to stay in the District. PIIza nnaiianq ConsgWera��:a�aoan Several factors were considered in determining the land use designations for the Cultural District. First, located directly east of the District is the future site of the station for the planned Tri -Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a '/2 mile radius around the station's location. The DTOD district regulations support increased intensity of development through a 25% density bonus. A second consideration is that the Cultural District is entirely enclosed within the Transportation Concurrency ExceptionArea (TCEA)which, in addition to the residential exception area applicable east of 1-95, exempts all development from the Palm Beach County traffic concurrency thus allowing denser development. I The existence of these transportation oriented -designations is a factor in considering where increased height and density will occur within the CRA district. The Cultural District, while not an area appropriate for the height recommended in the Downtown District, is located within both the DTODD and the TCEA, supporting the move to increase density within this district. A third consideration is the potential public-private partnership opportunity for the 16 plus acre civic campus, as a catalyst for redevelopment at the western end of the downtown core. The relocation of City Hall within this area makes land available at a prominent intersection along Boynton Beach Boulevard. A charrette was held and study prepared yielding various design options supporting higher densities and a mixed of civic, residential and retail uses. Page 1119 of 1 11 VisIItuin The Cultural District is envisioned to be the principal hub for the City's civic uses, public spaces and events. Public art and other cultural amenities will be concentrated within this district in order to foster a sense of community. Public events such as the Kinetic Art Expo and the Haunted Pirate Fest will be anchored within the Cultural District to attract residents and visitors to experience Boynton Beach's unique character. Ocean Avenue will maintain its character through the creation of an overlay district. „R„qe oqrnn,,i,endafion SIt9„e„g„ tsin r sts Streetscape enhancements are recommended for both Ocean Avenue and Seacrest Boulevard. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: Ocean Avenue • Implement a Complete Streets program for Ocean Avenue to accommodate bike lanes and bike racks, safe pedestrian crossing at the FEC Railway and on -street parking where possible. • Create a curbless festival area between Seacrest Boulevard and S.E. 1st Street • Enhance the intersection of Ocean Avenue and Seacrest Boulevard with a vertical entry feature, with changes in surface materials such pavers and paints. • Add signage at the FEC Railway announcing entry into the Downtown area. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Minimum 8' wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development Streetscape Enhancements Streetscape Enhancements • On -street parking • On -street parking • Designated bike lanes & facilities • Designated bike lanes •Landscaping/street tree improvements ` Reduce lane width • Enhance crosswalks • Sidewalk expansions and repairs • Public art along Avenue • Cu rbless'festival' street section Material and pattern enhancements Figure X: Ocean Ave. Streetscape Recommendations Figure X: Seacrest Blvd. Streetscape Recommendations 2 Page 1120 of 1471 Seacrest Boulevard • Implement a Complete Streets program for Seacrest Boulevard to accommodate bike lanes and bike racks, safe pedestrian crossings, required on -street parking, and consideration for rotary intersection design at Ocean Avenue • Install public art in key locations • Provide additional pedestrian crossings where needed • Underground overhead utilities Figure X: Example Entry Features to the Cultural District Figure X: Location of Entry Features to the Cultural District Figure X: Ocean Ave. Festival Street Section Page 1121 of 1 e t'trnn,'i,Ltttdafitutns Land Use The predominant existing future land use designation within the Cultural District is Public & Private Governmental/Institutional. This designation covers 16.5 acres and includes the blocks of City Hall, the library, etc. Other future land use designations are High -Density Residential, Local Retail Commercial and Low Density Residential. In order to encourage redevelopment of this district into an active, economically viable area, the proposed land use designation and zoning changes are proposed: • Change entire district to Mixed -Use Medium land use designation Town square I Mixed Use Project 40-50 dulac Max height: 75' TOD Bonuses (heighi l density) • Elements Historic, preservation Cemarerc[al uses • Public Parking ' Civic Uses Greed space Mixed Use Project • 40 - 50 dWao Max height; 75' TOD Bonuses (height !density) Required: Cornrt7ercial uses Public parking Figure X: Cultural District Example Projects Tahla d Rarnmmanriarl Fnfi ira 1 anri 1 Ica IPI 111 (.la Qifiratinnc -ithin [ha (a dfi iral nic[rirt LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAP HEIGHT Mixed -Use MU -3 50 75' 50 MU -2 40 55' Medium Figure X: Recommended Land Use for the Cultural District 4 Page 1122 of 1471 Recornn,'i,endafions: Urban ngm; jcon Create/ modify an overlay district for Cultural District to control height at street frontage, building setback, design, and uses. 0 Ocean Ave will be designed to have a streetwall (building faces) abutting the pedestrian zone. • Active commercial uses shall be required on the street frontage of Ocean Ave. Automobile oriented uses, such as, gas stations, car washes, and drive-thrus, are prohibited. • Structures along Ocean Avenue shall be design to the pedestrian scale and have a maximum height of 35', consistent for a depth of a minimum of 30'. • Maximize glazing on first floors • Require street canopy trees 0 Public spaces such as plazas or greens shall be created as part of each project. Streetwall Design 0 35' max fronting Ocean Ave 0 Additional height must be stepped back 30' * Commercial uses required along Ocean * Public spaces such as plazas or green areas required al"ong Ocean * Maximize glazing on first floor 0 Pedestrian shade gure A: ucean Ave. titreetwaii uesign Roti idenr.iHI/Mce - R(!L'8'1/0fI 1I,!,qesvrIan Zon Ckrhles.5 StTeet Figure X: Ocean Ave. Design Diagram Page 1123 of 1411 Figure X: Ocean Ave.Example Mixed Use Medium Project Figure X: Cultural District Master Plan Page 1124 of 1471 Figure X: Cultural District Example Entry and Streetscape Page 1125 of 1 Page 1126 of 1471 Do, ifoilvit D introduction Planning Challenges Planning Considerations The Vision Recommendations 9 Page 1127 0 1 I n4i:rodu�,.;ition The Downtown District has been included in several planning efforts including the Federal Highway Corridor Plan, the Downtown Vision and Master Plan, and the original CRA plan adopted in 1984. It has long been the desire of the City to reinvigorate the historic center of Boynton Beach. Some progress has been made toward this goal with the development of the Casa Costa and Marina Village condominium projects and the soon to be completed 500 Ocean mixed-use development. Additionally, the CRA has invested in the redevelopment of the Boynton Harbor Marina to create a tourism destination, preserve a working waterfront and support the boating community. The CRA planned and constructed the Boynton Beach Promenade that extends from Federal Highway to the Intracoastal Waterway. The Promenade also connects to the City's Mangrove Walk Park and the Marina. The Downtown District is bound to the north by N.E. 7th Avenue, to the south by S.E. 12th Avenue, to the east by Federal Highway and the Intracoastal Waterway and to the west by the FEC Railway. The Downtown District is intended to connect via Federal Highway and S.E. 4th Street to the secondary development node at Woolbright and Federal Highway. Downtown Boynton Beach is easily accessed via I-95 and Boynton Beach Boulevard. The distance from I-95 to Federal Highway is less than one mile. The City's beach at Oceanfront Park is only 1.7 miles from I-95 or, if you are a resident in one of the new downtown developments, a quick walk over the Ocean Avenue Bridge. The Tri -Rail Coastal Link commuter rail station is planned for the downtown at N.E. 4th Street between Ocean Avenue and Boynton Beach Boulevard. This led the City to adopt the Downtown Transit Oriented Development District, allowing for a 25% density bonus within '/2 mile of the planned station. Page 1128 of 1471 P II a naiian aa C,)a�aza� hall e Unlike Delray Beach to the south or West Palm Beach to the north, Boynton Beach historically has only had a very small downtown area. It extended from just east of Federal Highway to west of Federal Highway at Ocean Avenue. There has always been very few commercial buildings that could be repurposed into restaurants and stores as Delray Beach has done. Thus, the first CRA Plan adopted in 1984 concentrated on the downtown area (an area smaller than proposed in this plan) as an area of redevelopment priority. Some of the planning challenges are: • Lack of developable parcels — assemblage is required • Property owners have unrealistic expectations of the value of their property • Not pedestrian friendly • No shade trees • No public parking areas and little on -street parking • Lack of support for current redevelopment plan recommendations • Lack of wayfinding signage • No design theme to create an identity A second consideration is that the Downtown District is entirely enclosed within the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of I-95, exempts all development from the Palm Beach County traffic concurrency thus allowing denser development. The existence of both of these transportation - oriented designations is a factor in considering where increased height and density will occur within the CRA district. The Downtown District's location in the center of both the DTODD and the TCEA supports the highest density and height within this district. • The design of Federal Highway (e.g. pedestrian Figure X: Planning Challenges Example unfriendly) • Appropriate location and design of mixed use developments for retail success. PIIza nnaiiang eons. idera��:a�aoan Several factors were considered in determining the land use designations for the Downtown District. First, the downtown will be the future site of the station for the planned Tri -Rail Coastal Link commuter service on the FEC Rail line, which will serve the South Florida metropolitan region. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a '/2 mile radius around the station's location. The DTOD district regulations support increased intensity of development through a 25% density bonus. 71 Figure X: Planning Challenges Example Page 1129 of 14§1 Page 1130 of 1471 VisIIon Downtown Boynton Beach will be where visitors, workers, and residents go to live, work and play in an environment that provides bikeable and walkable access to the beach, restaurants, transit, natural areas and cultural experiences. There will be areas to gather and socialize. Entrepreneurs will open new restaurants and businesses creating financial benefit to the local economy. Attractive new buildings will provide housing for people of all ages and incomes, and will accommodate new shops and restaurants. Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Create a Complete Street design for Federal Highway including the addition of: • On -street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Minimum 8' wide active use area abutting the building • Decorative light poles at both the vehicular and pedestrian scales • Enhanced street furniture, bus shelters, bike racks and receptacles • Active uses along the first floor of development • Require installation of canopy trees that provide immediate shading at time of construction • Bus shelters with unique design for the downtown district • Underground overhead utilities • Install public art in key locations • Provide additional pedestrian crossings where needed • Create a greenway along SE 4th Street and Ocean Avenue connecting Pence Park and the Marina, per the Connectivity Plan • Create an eco -trail connecting the pedestrian zone to Mangrove Park, per the Connectivity Plan. Page 1131 of 14§1 Recornn,'i,endafions: Land Use To attract new residents and businesses the area rnuaf present a unified vision for the future. Therefore, it is recommended that the changes to the Future Land Use map be made using the new future land use/zoning structure as shown: LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAP HEIGHT High Density 15 R-4, I PUD-, PUD 15 45' Residential Mixed -Use MU -2 40 65' Medium 50 MU -3 50 75' Mixed -Use High 80 MU -4""" 60 100, MU Core 810 159 General n)a C-4 Commercial n/a 45' Industrial r,�a M-1 Wa 45' Recreation, n)a Recreation Wa 45' Table 5: Recommended Future Land Use (FLu)Classifications within the Downtown oiomo MU- High ~ OO du/ac (Zoning M0+Core) ~ Max height 150' ~ TQQDensity Bonus ~ Commercial uses required tofront Federal Hwy ~ 5O'Base Maximum MU -Med ~ 40'50dulac ~ Max height: O5'-75' ~ TQOBonuses (height /density) ~ Commercial uses required bofront Federal Hwy ^ Building frontage required on8E 4th Street ~ Max 4stories onBE4th street Figure X Cultural District Example Projects 74 Page 1132 of 1471 Recreational Industrial Low Density 5 du!ac l Medium Density 11 dulac High Density 15 dulac Special High Density 20 dulac. Retail General Commercial lytxed Use Low 20 dulac Mixed Use Medium 40 dulac Mixed Use High fit? du/ac Figure X: Recommended Land Use for the Downtown District 75 Page 1133 of 1 qe s oqj n n,'i,qeqn dggq (q9q� q�qn sq: Urban n gm; c n • In order to promote an active and walkable built environment in the Downtown District, the following recommendations apply: • Active commercial uses shall be required on the street frontage of Ocean Ave. Automobile oriented uses, such as, gas stations, car washes, and drive-thrus, are prohibited. • The build -to line shall accommodate a ten foot sidewalk, mature shade trees (at install), street lights and street furniture • Buildings fronting Federal Highway, Boynton Beach Boulevard and S.E. 4th Street shall have a 60- 90% window to wall ratio on the first floor. • Approximately 75% of the lot frontage must be occupied by structure and adjacent to the pedestrian zone • Buildings fronting Boynton Beach Boulevard or Federal Highway shall have a minimum height of 30' • Buildings fronting Boynton Beach Boulevard or Federal Highway shall be a maximum of 45', consistent for 30' deep. • Parking shall be located to the rear or side of the property. • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton beach Blvd or Federal Highway. • All buildings along Federal Highway must have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Federal Highway. • Where mixed use development is proposed adjacent residential areas, the residential areas shall be protected through the residential compatibility standards and the use of landscape buffers and/or walls as appropriate. Figure X: SE 4th St. Example Mixed Use Medium Project 76 Page 1134 of 1471 is {res �rti� yt r% r �stii I ( rtt ti�lsfrrits ifs i. Residential 61011iil"" �� ' �ii�@$ BiCyCle Path Brij» Parallel Parking i ( 1"Y t 11 .r Retad/Office w� - K w .Garage Street Bicycle Path •}wen Spate Parallel Parking ' Garage Access. Qn-sitn Parking Pedestrian Zone, i Pede5trlan Lone (S• -C!'• '.. 6_..... ...... I . Pedestrian Ztane Parallel € arkiftg Bicycle Path — �ParalleiParkirdq n '- Bicycle Path t s tr v Figure X: SE 4th St. Design Diagram Page 1135 of 1 78 Page 1136 of 1471 Figure X: Downtown District Master Plan 79 Page 1137 of 1 0 Page 1138 of 1471 ig h 1, vvvi io, i - introduction Planning Challenges Planning Considerations The Vision Recommendations 8 1 Page 1139 of 1 I n4i:rodu�,.;ition The Federal Highway Corridor is approximately 2.5 miles long and runs from the north to the south City boundaries. Corridor redevelopment is historically difficult to achieve given the glut of outdated commercial buildings, and antiquated land use and zoning relative to market needs and inconsistent with current vision. To address the blight along the Federal Highway corridor, the CRA and City adopted the Federal Highway Corridor Community Redevelopment Plan in May of 2001. The Plan was updated in June of 2006 to reflect the achieved successes as well as market changes. The recommended land use changes from the Federal Highway Corridor Plan resulted in the development of 2,358 new residential units. This has led to hundreds of blighted acres being redeveloped within the corridor at the north end of Federal Highway, five new projects have been developed or approved as a result of the adoption of the Federal Highway Corridor Community Redevelopment Plan: The Peninsula, The Harbors, The Preserve, Casa del Mar, Manatee Bay, and Murano Bay. Along the south end of the District, eight new projects have been developed as a result of the adoption of the Federal Highway Corridor Community Redevelopment Plan resulting in 1,800 new residential units and 31,179 sq. ft. of new commercial space. This District, more than any other has benefited from redevelopment activity. The CRA recently completed a capital improvement project in this District in the area of the FEC right-of-way, on the west side of Federal Highway between the Stanley Weaver (C-16) Canal and N.E. 15th Avenue. As part of this project, new landscaping, irrigation, lighting and a new entry sign for the City were installed. This District consists of two different sections, North and South. Each section extends north and south from the Downtown District ending at the City's boundary. The District is mostly bounded by the F.E.C. Railroad right-of-way on the west and the Intracoastal Waterway on the east. These districts represent the main entries into the City from US Highway 1. The area east of Federal Highway consists predominately of single-family neighborhoods. There are some older condominium developments and some newer townhome developments along the eastern side of the corridor. The newer townhome developments are a result of the adoption of the Federal Highway Corridor Community Redevelopment Plan which created the Special High Density Residential land use designation. There are two major arterial roadways in the district; Gateway Boulevard, an east -west arterial between 1-95 and Federal Highway, and Federal Highway which runs north/south through the entire CRA district. The district is home to two City parks: the Harvey Oyer, Jr. Park with 8.79 acres and the Intracoastal Park with 8.97 acres. Both parks provide residents with access to the Intracoastal Waterway. Page 1140 of 1471 PIIzaan, ni-Lima Gaza hall as One of the most challenging aspects of the north section of the District is the geographic layout imposed by the location of the FEC Rail line and the Intracoastal Waterway. This makes the depth of land on the west side of Federal Highway in certain areas undevelopable or at least difficult to develop. On the east side of Federal Highway, the depth of commercial lots is inadequate to build anything that is responsive to the market. Land assemblage is required to create a developable site. Moreover, there are few vacant parcels left for development. There are a large number of outdated commercial buildings. Some buildings are vacant and many are not well maintained giving the area an appearance of disinvestment. Additionally, many of the uses are not compatible with the vision of the Plan or with the adjacent residential neighborhoods. Another predominant feature that is creating visual blight is the abundance of overhead utilities. Old utility poles often remain after new poles are installed. These poles take up precious sidewalk space. Additionally, the sidewalks are too narrow to accommodate the installation of mature shade trees, decorative streetlights and side-by-side pedestrians. There are insufficient bus shelters along Federal Highway even though Route 1 is one of the most used of all the Palm Tran routes. Due to the scale of Federal Highway in this District, the buildings and uses have been oriented to the automobile. There is little in the design of the road, sidewalks or buildings that would encourage biking or walking as an alternative to driving. The drive lanes of Federal Highway are 12' wide encouraging speeding directly adjacent to the sidewalk. The current design of the corridor lacks adequate space and protection from vehicular traffic for the pedestrian. A major challenge to redevelopment in the area of Federal Highway is the lack of developable parcels. Figure X: Planning Challenges Example Page 1142 of 1471 giia a ji,!Ina a .alii,dera��:a�aoan In addition to Planning Challenges, there are elements or matters affecting the corridor that should be accounted for in this analysis and in the formulation of recommendations regarding needed public improvements and amendments to the land use plan and Land Development Regulations Close proximity to the waterfront, including direct access from Federal Highway to the barrier island and oceanfront recreation areas, has been a principal catalyst for redevelopment along this corridor and should continue as a natural attraction to the area. Direct access to the Intracoastal Waterway is provided by three different public parks located at each end of the corridor, which is served by a state road providing an alternative to I-95 for traveling short distances through popular destinations in Palm Beach County such as Delray Beach, Boca Raton and West Palm Beach. The return of passenger service to the F.E.C. Railroad as part of the Coastal Link project will also serve as an attraction to downtown living and working as the City redevelops. A portion of both segments of the corridor is within the Downtown Transit Oriented Development District, and the entire corridor, future train station and the existing Tri -Rail Station is accessible via a short bus ride on one of the County's most ridden Route #1. Proximity of this District to the Intracoastal Waterway also has its downside and challenges. Being close to the ocean makes the District vulnerable to flooding from high -tide events, storm surge, stormwater runoff and, eventually, the related impacts of sea level rise. Areas along the east side of the corridor are especially susceptible to flood damage, with large sections both north and south under FEMA -designated Special Flood Hazard Area (SFHA) and storm surge zones extending west past Federal Highway. Portions of these areas are also within evacuation zones for category 3 and 4 hurricanes. Both the north and south parts of the District overlap with the Comprehensive Plan's Coastal Management area, and therefore are subject of all its policies. The main focus of these policies is flood prevention and mitigation, including policies regarding certain uses, development intensity increases and public infrastructure improvements in areas most prone to flooding. All have to be taken into consideration in redevelopment decisions, striking a balance between people's desire to live on the water and the need to reduce threat to life and property from natural hazards. At the same time, the policies strongly encourage that public waterfront access be a part of all waterfront development. 5 Page 1143 of 1411 1 Page 1144 of 1471 VisIIon The Federal Highway Corridor shall serve as a major point of entry into the City and the downtown from both the north and south direction. There shall be a mix of uses that front the road, and activate and improve the area. The streetscape will encourage biking and walking by providing shade, attractive lighting and a sense of safety. The single-family neighborhoods will experience an increase in value and become more attractive to buyers. Streetscape enhancements are recommended for the Federal Highway corridor. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Create a Complete Street design for Federal Highway including the addition of: • On -street parking • Bike lanes • Enhance median with mature tree canopy (at time of planting) and landscape lighting • Marking of major intersections with materials such as pavers, paint, etc. • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Decorative light poles at both the vehicular and pedestrian scales • Require installation of canopy trees that provide immediate shading at time of construction • Underground overhead utilities • Provide additional pedestrian crossings where needed • Create a greenway along SE 4th Street per the Connectivity Plan 7 Page 1145 of 1411 Recornn,'i,endafions: Land Use To encourage land assemblage for redevelopment of the corridor, the Plan recommends the application of the newly created future land use classification (Mixed -Use Low with a density of 20 units per acre) and zoning district (Mixed -Use 1 zoning with a45'height |irnifaUon)Thia new land use designation will allow flexibility fodevelop for retail and residential or retail and office uaea, allowing the market to determine the best mix. The Mixed -Use Low would apply to the Federal Highway frontage and to Gateway Boulevard at the Federal Highway Intersection. Currently there is nornrnencia| land use afthis location; however, if is in need of upgrading. Compatibility ordinances will be utilized to minimize irnpanfa of commercial uses on adjacent residential neighborhoods. Tballow for growth within the CRA and the City, it is recommended that the new mixed-use zoning category— Mixed-Use High 4 with a density of 60 units per acre and 1 OO'height limitation—be applied at the four corners ofVVoo|bhghfand Federal Highway. Below is a table of the proposed land use and zoning designations that will apply along the Federal Highway LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAP HEIGHT Mixed -Use High 80 MU -4, MU Core 60-80 1001-150, Medium Mixed -Use Low 20 MU -1 20 45' Special High Density 20 IPUD 20 45' Residential High Density R4, Infill -Planned Unit 15 15 45' Residential Development Medium Density 11 R3, Infill Planned Unit 10-11 45' Residential Development Residential R -1A. R_1PUD Recreation n/a Recreation n/a 45' M Mixed Use – High 60 duiac (Zoning MU -4) Max height 100' Commercial uses required to front Federal Hwy _ MU- Low 20 du�ac Max height 45' Commercial uses aptianalf m o Page 1146 of 1471 Federal Highway (North) District Federal Highway (South) District 9 Page 1147 of 1 a, nian" G "�'g ii a. The following urban design guidelines are recommended for the Federal Highway north district: • The buildings shall be set back to accommodate on -street parking and the Pedestrian Zone. • All overhead utilities shall be installed underground. • For buildings incorporating commercial uses, commercial uses must front Federal Highway and shall maximize glazing facades visible from rights -of -ways. • Approximately 75% of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting Federal Highway shall have a minimum height of 30' • Buildings fronting Federal Highway shall be a maximum of 45', consistent for 30' deep. • Parking shall be located to the rear or side of the property. MU -L Land Uses are permitted to have one (single loaded) row of parking in front of the structure. • Only when access is not possible from the rear or side shall curb cuts be permitted on Federal Highway. • Adjacent single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. • Building roofs shall have vertical breaks to prevent long unbroken spans. • Building facades shall be articulated with plane changes at least one foot deep with changes in color texture and material. • All buildings along Federal Highway must have pedestrian access from the right-of-way/ sidewalks. • The main pedestrian entry, or front door, must be fronting Federal Highway. 90 Page 1148 of 1471 Figure X: Example High Density Residential Project Figure X: Example Mixed Use Low Project Page 1149 of 1 92 Page 1150 of 1471 c t introduction Planning Challenges Planning Considerations The Vision Recommendations 93 Page 1151 of 1 I n4i:rodu�,.;ition The Heart of Boynton District is a 380 -acre neighborhood characterized by single-family homes, community parks, public schools and churches. However, the community has been the victim of disinvestment over the last 50 years. Census tract 61 which encompasses this District has the lowest median household income within the City: $20,848. To counter the decline of the neighborhood, the CRA and City adopted the Heart of Boynton Community Redevelopment Plan in 2001. The Plan was updated in 2014 to reflect the achievements of the original plan and add new projects that reflect the current market conditions. Many of the implementation steps from the original CRA Plan have been achieved since the adoption of the Plan: • The demolition of the Cherry Hill public housing project • The redevelopment of the Boynton Terrace site — Ocean Breeze West — into 21 single- family homes • Redevelopment of Wilson Park and into Carolyn Sims Community Center • Expansion of the Palmetto Greens Park • Redevelopment of Sara Sims Park — Master Plan created, property acquired • Streetscape Improvements on Seacrest Boulevard • Redevelopment of Martin Luther King, Jr. Boulevard — Property acquired and Family Dollar developed • Development of new housing — 60 new single family homes developed In partnership with nonprofits, the City and CRA. The Heart of Boynton District is bounded by the C. Stanley Weaver (C -Canal) canal to the north, 1-95 to the west, N.E. 3rd Avenue to the south and the FEC rail line to the east. The Heart of Boynton District is within walking distance of the Cultural District and the Downtown Distance. One major arterial road runs through the neighborhood north/south, Seacrest Boulevard.. Martin Luther King, Jr. Boulevard, once lined with locally -owned businesses, runs east/west. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools are STEM schools (Science, Technology, Engineering and Math). There are also a number of parks and special use areas within the neighborhood such as Carolyn Sims Community Center, Galaxy Park and Scrub and Sara Sims Park 94 Page 1152 of 1471 P II a naiian aa C,)a�aza� hall e The Heart of Boynton area suffers from an aging and poorly maintained housing stock. The CRA and City, in partnership with local non -profits continue to develop single-family homes; however, given the median household income of the neighborhood, there is still a need for quality affordable multi -family rental housing. The difficulty with developing multi -family housing in this District is the cost of development versus the return on investment. This financial gap will have to be overcome to make multi -family housing a reality. Another major deterrent to private investment is the visible blight and crime. There are still a number of small convenience stores that allow loitering and illegal activity discouraging people to buy homes or invest in businesses within the area. Until the illegal activity is under control, private investment will continue to be an issue without financial involvement by the CRA. The area is comprised of small parcels platted in the 1920's — 1930's during Florida's land boom. The parcels are owned by many different people making assembly of a developable site very difficult and expensive. Many property owners are not realistic about the value of their property. Over the years, the neighborhood has lost most of their community services. There is no full service grocery store and only one take-out restaurant. The majority of commercial use is represented by convenience stores. Recently, the CRA partnered with Boos Development to develop an 8,100 sq. ft. Family Dollar store at the corner of Martin Luther King, Jr. Boulevard and Seacrest Boulevard. However, there is a need for additional retail services. The neighborhood is bifurcated by a four lane major artery, Seacrest Boulevard. There is only one signalized pedestrian crossing across the road even though there are two elementary schools in the neighborhood. The width of the road and drive aisles encourages speeding through the neighborhood. The road as it is designed is not designed at a neighborhood scale. Both Seacrest Boulevard and Martin Luther King, Jr. Boulevard have older power poles with overhead utilities. These poles have not been well maintained by the utility providers and have many unused wires causing visual blight. Figure X: Planning Challenges Example Several factors were considered in determining the land use designations forthe Heart of Boynton District. A future commuter rail station for the planned Tri - Rail Coastal Link service, which will serve the South Florida metropolitan region, is planned for downtown at N.E. 4th between Ocean Avenue and Boynton Beach Boulevard. To improve land development patterns in advance of station development, the City adopted a Downtown Transit Oriented Development District (DTOD), covering a '/2 mile radius around the station's location. The DTOD district regulations support increased intensity of development through a 25% density bonus. A portion of the Heart of Boynton District falls within the TOD. A second consideration is the Transportation Concurrency Exception Area (TCEA) which, in addition to the residential exception area applicable east of 1-95, exempts all development from the Palm Beach County traffic concurrency requirements thus allowing denser development. The Plan recommends increasing density within the area where the TCEA and TOD designations overlap. However, because this District is a low - scale neighborhood, no increase in height over 45' is recommended. 95 Page 1153 of 1411 Shepard Funk Addition Historic Cottage District There are a significant number of historic cottages located along both sides of NE 3rd Avenue and the south side of NE 4th Avenue between N. Seacrest Boulevard and NE 1st Street. In order to protect these cottages while allowing the future commercial redevelopment of the south side of NE 3rd Avenue, it is recommended that: • The historic cottages from the south side of NE 3rd Avenue are relocated to the vacant lots on the north side of NE 3rd Avenue. • On completion of the relocations, a historic district is created in the block enclosed by N. Seacrest Boulevard, NE 1st Street, NE 3rd Avenue, and NE 4th Avenue. Figure X: Planning Consideration Example Figure X: Seacrest Blvd Streetscape Area C96 Page 1154 of 1471 VIIsIItuin The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements and should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on -street parking. • Marking of major intersections with materials such as pavers, paint, etc. • Enhanced median landscaping • Require bus shelters as part of new construction • Provide additional signalized pedestrian crossings (including mid -block) along Seacrest Boulevard • Create a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: • Addition of canopy street trees • Minimum 8' wide clear sidewalk • Decorative light poles at both the vehicular and pedestrian scales • Require installation of canopy trees that provide immediate shading at time of construction • Underground of overhead utilities • Create a greenway to connect the greenway proposed along NW 1st Avenue, Sara Sims Park, and Wilson Park per the Connectivity Plan • Create an eco -trail to connect the existing scrub and linear parks per the Connectivity Plan. 45' Max. Figure X: MLK JR. Blvd. Street Section 97 Page 1155 of 1411 Recornn,'i,endafions: Land Use The existing land use designations within the Heart of Boynton District are: • Low Density Residential — 5 units per acre (all of this land use designation is concentrated on the west side of Seacrest Boulevard. • Medium Density Residential — 10 units per acre (this land use designation is concentrated on the east side of Seacrest Boulevard) • High Density Residential — 11 units per acre (currently over the Ocean Breeze West development and along W. Seacrest from N.W. 8th to N.W. 9th) • Mixed -Use — 40 units per acre (this land use designation is placed on the CRA -owned Ocean Breeze East block and on CRA -owned property along MLK, Jr. Boulevard) • Local Retail Commercial, General Commercial, Industrial, Recreational, and Public & Private Governmental/Institutional Below is a table of the proposed land use and zoning designations that will apply within the Federal Highway Corridor District: Table 7: Recommended Future Land Use (FLU) Classifications within the Heart of Boynton District LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAE HEIGHT Mixed -Use Medium* 50 MU -2, MU -3 50 75' Mixed -Use Lew 20 MU -1 20 45' High Density Residential 15 R4, IPUD 15 45' Medium Density 11 R, IPUD Residential 11 45' Lew Density 7 5 R 1 -AAA, R 1-AAB, R 1 -AA, R 1'-A, R-1' ; Residential PUD 7.5 45, Local Retail Commercial n/a C-2, C-3, PCD n/a 45' General n/a C-4 Commercial n/a 45' Industrial Wa M-1 n/a 45' PPGIi n/a Public Usage n/a 45' Recreation n/a Recreation' n/a 45' 98 Page 1156 of 1471 Figure X: Recommended Land Use for the Heart of Boynton District Legend Recreational iilifs # y, {ndusirial Law Density 5 duiac Medium Density tT durac High Dens ty 15 du+ac S[mual High Nnsity 20 dwac; 1_.il Retkail General Commercial �3t +ipSrl{1 Mixed UseLrativ 26 du;ac Mixed Use Medium -g du;ar.. '....... °fixed Use High Bit du?'ac 99 Page 1157 of 1 qe s oqrn n,'i,qeqn dggq (q9q� q�qn sq: Urban n gm; c n There are three architectural styles of historic structures in the Heart of Boynton: Mission, Frame Vernacular, and Mediterranean Revival. When building in this District, new development shall attempt to utilize one of these architectural styles. • Thecreation ofa HistoricCottage District adjacent to the proposed Cottage District. Where feasible historically contributing cottages in the area shall be relocated in the Historic Cottage District. • Commercial buildings fronting MLKJr., Boulevard and/or Seacrest Boulevard shall maximize the amount of glazing. • Residential buildings fronting MILK Jr., Boulevard and/or Seacrest Boulevard shall be designed to have pedestrian access from the main road and have front door facing the main road. • All buildings along MILK Jr., Boulevard and/or Seacrest Boulevard shall be set back to allow for a pedestrian zone. • Approximately 75% of the lot frontage must be occupied by structure and be adjacent to the pedestrian zone. • Buildings fronting MILK Jr., Boulevard shall be a maximum of two story and stepped back to continue to the maximum allowed height in the designated Zoning District. • Parking shall be located to the rear or side of the buildings • Only when access is not possible from the rear or side shall curb cuts be permitted on Boynton beach Blvd • When adjacent to commercial uses, single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. MLK Commercial Multifamily Model Block Sara Sims Park— Ocean Breeze East Cottage _ District— Proposed Hist rlc r e ri Cottage District 100 Page 1158 of 1471 Sara Sims Park Expansion Working with residents of the community, the CRA and its consultant created a master plan for the ultimate expansion and improvement of Sara Sims Park. The CRA has also purchased seven properties and deeded them to the City in preparation for the eventual expansion of the park. There are still several properties to be purchased to complete the plan. Ocean Breeze East The CRA owns 4.5 acres of vacant land east of Seacrest Boulevard between N.E. 6th and 7th Avenues. The CRA is seeking a private development partner to build a multi- family project on the site. Cottage District The CRA owns approximately 5 acres on the block between N.E. 4th and 5th Avenue. The CRAs goal with this site is to attract a private development partner to build single-family for -sale homes in the style of the surrounding historic cottages. MLK Commercial Leveraging CRA -owned land and economic development grants, the CRA was able to bring a Family Dollar store to the Martin Luther King, Jr. Boulevard corridor in 2015. The CRA owns additional land on the corridor and continues to work with developers to attract new and needed neighborhood retail. MLK Multi Family Utilizing CRA -owned land, the CRA is seeking to attract a private development partner to build a multi -family development along the Martin Luther King, Jr. Boulevard corridor. The development may include commercial uses. qure Figure X: Ocean Breeze East Figure X: Cottage District 101 Page 1159 of 1411 Figure X: Example MLK Commercial Project 102 Page 1160 of 1471 Figure X: Example MLK Multi Family Project 103 Page 1161 of 1 104 Page 1162 of 1471 1 xlustri,q I Q ft D ia introduction Planning Challenges Planning Considerations The Vision Recommendations 105 Page 1163 of 1 I n4i:rodu�,.;ition Prior to this Plan, the Industrial Craft District has never been included as part of a Community Redevelopment Plan. The 49 acre area is entirely comprised of industrial uses. However, there is a burgeoning arts scene utilizing some of the existing warehouses for art studios. It is the goal of the CRA and City to make necessary investments to the Industrial District to ensure its economically sustainable. The Industrial Craft District is located in the westernmost area of the CRA district, bordered to the east by 1-95, to the south by Boynton Beach Boulevard, to the west by West Industrial Avenue, and to the north by the C. Stanley Weaver canal. The area directly to the west of the District is a single-family neighborhood with minimal buffering against the industrial use. Figure X: Industrial Craft District Location Map The Industrial District is an area of older warehouses build in the 1960' — 1970's. There are some newer buildings interspersed throughout the District. Many of the buildings have not been upgraded and are not well maintained. While the District has easy access from both 1-95 and Boynton Beach Boulevard there is little visibility from either roadway. There is no signage identifying the District. Some of the business use the public right -of way along the roads to store broken equipment causing the area to appear uncared for. Because there is a lack of parking for the businesses, the right-of-ways are used to store vehicles and staff and customer parking. Much of the District suffers from insufficient street lighting making the area feel unsafe in the evening. There are some sidewalks where newer buildings were required to install them, however the majority of the area is lacks sidewalks forcing pedestrians to walk in the street. The emerging art district, while being an opportunity for the City and CRA, is also a challenge. Current Zoning Regulations allow for artists' studios, but do not permit art galleries in industrial areas, which would enable the District to evolve into a unique industrial crafts hub. Additionally, this old industrial area is lacks public improvements necessary to safely accommodate the public and related events. As described above, the area is deficient in parking, lighting, and sidewalks which make for an unsafe environment when combining the public with industrial traffic. Lastly, although the art production process (i.e. involving industrial materials and processes), 106 Page 1164 of 1471 qualifies as industrial use by current Zoning Regulations, the art district represents competition for space that the City may intend to reserve for the more traditional service and manufacturing business that support the tax base, employment and other economic objectives of the City's Economic Development Program Figure X: Planning Challenges Example Figure X: Planning Challenges Example Principal considerations in evaluating the redevelopment potential and vision for this District, include its location, the relatively new art district that has been established, and the types of businesses that would represent a successful symbiotic relationship between the industrial and art worlds. The location of this District is an important consideration given its partial visibility from 1-95, and ideal access from all directions given linkage with Boynton Beach Boulevard and direct access to a state road interchange. There is the opportunity for very visible wayfinding signage and branding. Traffic counts on Boynton Beach Boulevard and at this interchange have warranted the State DOT to plan for a major expansion, which confirms high public visibility and access to this District. As indicated above, an arts district has emerged in this industrial area. This occurrence is common, as seen in other cities where there is the existence of local artists, available older warehouse space, and affordable rents. Although this occurrence has its negative aspects, an arts district can contribute toward the City's image and local cultural tourism, as well as motivate investment in public infrastructure that the area needs. Also related to the presence of the arts district is the opportunity to continue bridging the gap between the art industry and traditional industrial uses with an evaluation of and amendments to the Zoning Regulations. The City's plan for preserving and expanding lands available for industrial use may warrant the establishment of a boundary intended to limit the growth of the arts district which also maintains the appropriate balance of land uses in the District. 107 Page 1165 of 1411 VisIItuin The goal of this Plan is to ensure the development of the Industrial Craft District as a viable, modern industrial crafts district that will accommodate a range of uses and businesses while providing economic benefits for the City. Streetscape enhancements • Create branding elements including entry and wayfinding signage • Review LDRs for revisions to the sign code to allow for signage to be visible from 1-95 • Installation of public art at Boynton Beach Boulevard • Landscaping enhancements • Installation and repair of sidewalks • Addition of on -street parking • Installation and enhancement of vehicular and pedestrian lighting • Construction of buffer wall between the single-family neighborhood and industrial area Recornn,'i,endafions: Land Use The existing Future Land Use Classification within the District is Industrial; no changes to the Land Use are recommended. The existing permitted uses shall be expanded to include new uses that would complement promote the unique character of the district. Introducing flexibility into the City code relative to permitted uses will help to attract young entrepreneurs. Entrance enhancements • Signage • Unique bus strap shelter • Public art location ------- Figure X: District Enhancements Future Land Use 108 Page 1166 of 1471 5'Rdewa9k 1 5'- 10'Svwale I 1,0'Pardflel, Parkirig 1 12' One -Way Figure X: Example West Industrial Ave. Section 109 Page 1167 of 1 E. Implementation Guide Introduction Planning & Policy Development & Capitol Projects Initiatives & Programs Introduction The Implementation Guide is comprised of projects critical to the implementation of this plan organized in the following three sections: Planning & Policy, Development Projects, and Programs & Marketing. • The "Planning and Policy" section covers the amendments to the City's Comprehensive Plan and Land Development Regulations, which constitute the regulatory framework for the implementation of the Plan. In addition, this section includes follow up actions aimed at enhancing readiness for private investment of selective redevelopable properties by changing their land use and zoning to reflect the Plan's recommendations. • The "Development Projects" section focuses on the specific on -the -ground actions, including the preparation work for the Town Square Project, property acquisition for parking structures and streetscape improvements, signage and entry features as well as establishment of CRA incentives for bringing in desirable development. • The "Initiatives and Programs" list other actions to be undertaken by the CRA as a City's economic development organization, such as marketing, business development and special events. Taken as a whole, the projects identified within this Guide provide actions and mechanisms intended to directly and indirectly spur new investment and development within CRA Planning & Policy Consultant may be hired by CRAto complete this, task Page 1170 of 1471 Proposed Responsib Funding Highest ID Project Manse Project Description le Parte Source Priority Amend Comprehensive Plan s. Future Land Use P 1 Comprehensiive Element to implement the Future Land Use City City Plan Update classification structure recommended by the CRA Plan Land Review Land Development Regulations and generate P-2 Development recommendations to ensure consistency with the CRA Staff/CRA' CRA Regulations Audit Plan;, Amendments to F-3 Land Implement recommendations produced bythe LDR's Staff/CRA' CRA Development audit Re Matrons Review of H eig ht Exce thin Ado tion of R-4 Zoninq Distrust Priority Land Ado tion of M'U-4Zoning District Ado tion 1 revisiion of Ocean Ave. Gverla P-4 Development Staff!CRA u. Ado tion of the Boynton, Beach Blvd OverlayStaff Regulations Amendments. Adoption f revisiions of Sustainable Development regulations Review of Resiidential Compatibility standards P-5 Transition work Establish district -by -district work plan; pnontize Staff/CRA city Plan redevelopment sites City4nitiated FLU Execute FLU amendments and rezg-R, for sites P-6 and Zoning for deemed to be. a priority for redevelopment City City Key Sites Create and adopted a Complete Streets Guideline P-7 Complete Streets that will provide roadway and pedestrian area design StafVCRA CRA requirements for major roadways within the CRA Conduct a study of current and future parking needs: P- CRA District within identified areas of the CRA District and make CRA CRA Parking Study recommendations of how and where to create public or shared parkiing... Consultant may be hired by CRAto complete this, task Page 1170 of 1471 Development & Capitol Projects Initiatives & Programs Proposed Responsible Funding Highest ID Project Name Project Description Party Source Priority 11-1 Workforce A public/private partnership to redevelop the Cty- City City D-1 Town Square owned 165 acres at the western end of the Cultural Cfty/CRAITBD Cty/CRA/TBID 1-2 Land Assembly District area. The project will include new civic and CRA CRA Assistance private uses;_ Development Creation and adoption of financial[ incentive programs D-2 Incentives to attract higher paying jobs, hotels, public parking and CRA CRA full-service grocery stores to the CRA District D-3 Land Acquisition, Continue to acquire land in strategic locations to CRA CRA 1-4 Development implement the goals of the CRA Plan CRA CRA Parks, Plan for and implement parks, greenways and eco D-4 Greenways and trails , within. the CRA to enhance quality of life for CRA CRA Eco trails residents D-5 Public Parking Acquire property, analyze financing options and issue CRA CRA Structures Request for Proposals for development Streetscape Acquire easements and ROW where needed for D-6 Easement and streetscape improvements CRA CRA [-6 ROW Acquisition emerging businesses within the CRA Distrrct utilizing CRA CRA D-7 Affordable Create programs, and policies to support the CRA CRA Housing development of affordable housing D-8 CRAWayfinding Design and construct a uniquely branded yW CRA CRA 1-7 Signage Design, program for the CRA and each District CRA CRA D-9 Critical Street Target, design, and build critical street crossings, CRA CRA Crossings throughout the CRA Boynton Beach Continue to provide financial investment to improve, D-10 Entry Feature at Design and build a unique entry feature at 1-95 CRA CRA 1-95 ensure its ongoing success,. Initiatives & Programs Page 1171 of 1 Proposed Responsible Funding Highest ID Project Name Project Description Party Source Priority 11-1 Workforce Reviewlamend the City's; k,Vo,rkforce Housing City City Housing Ordinance 1-2 Land Assembly Create pro -grams that remove barriers to land CRA CRA Assistance assembly Clean and Safe Implement projects that , 1-3 Pro -gram. Policing, Code Enforcement and Litter Reduction to CRA CRA im p rove the ap pearan ce of the CRA District. Business Support CRA Economic Development Pro -grams, to 1-4 Development provide incentives to, expand existing businesses and CRA CRA Program to recruit new businesses to the CRA District. Marketing and promotion:,ali initiatives utifong various Marketing media outlets to market the CRA District and its, 1-5 Initiatives assets, to showcase redevelopment efforts, programs, CRA CRA and incentives, special events and available redevelopment opportunities - Small, BLESiness Marketing and promotion of existing and new or [-6 Marketing emerging businesses within the CRA Distrrct utilizing CRA CRA Program various media cutlets to encourage long range success. Create and implement unique special events, and 1-7 Speci�al, Events, community activities that showcase redevelopment CRA CRA Programs efforts and opportunities as well, as existing businesses within the CRA District. Boynton;Harbor Continue to provide financial investment to improve, 1;-8 Ntarra maintain and promote this unique capital asset to CRA CRA ensure its ongoing success,. Page 1171 of 1 110, Page 1174 of 1471 Legend ty}'�ts ilrts��s{� . »lrts £ RpcIeatIonaI (; sl In.du stri a I nsfituationa I _. Medium Density 10 du..rao High Density 11 du/so Speoial High Density 20 duluz I � office i, Retail GtP,eFa1 Cr,911i f,fC 01 Mixerl Use 40 dWan lKII.md Use Cara. LID duiac: FCD North ederal Hwy .Boynton Beach Blvd _ Ocean Ave. rill Woolbright Rd Is Page 1175 of 14§1 118 Page 1176 of 1471 SM Recreational Industrial - ----------------- --- -- Low Density 5 dulac Medium Density 11 du/ac High Density 15 du/ac: Special High Density 20 du/ac Retail General Commercial Mixed Use Low 20 du/ac Mixed Use Medium 40 du/ac = Mixed Use High 80 du/ac TCDD 119 -4 -Federal Hwy 0 – – – Woolbright Rd Page 1177 of 14§1 rs T" M"IM N Recommended Connectivity (j 120 Page 1178 of 1471 — — — — — — — --- Complete Streets Streets Bike Lanes Bike Laneb, Greenways Parks 'oint of interest Page 1179 of 1 r1 11 (}(la Page 1180 of 1471 General Questions Pretainin to C1 1. Do you think the CRA should fund connectivity improvements? The participants were presented with a list of proposed connectivity improvements, including: (i) complete street design for selected facilities; (ii) greenways connecting parks and acting as buffers between land use categories; (iii) ecotrails connecting conservation and pedestrian areas; and (iv) bike lanes. Workshop # 3: The majority(90%) said "yes" Workshop # 4: The majority (85%) said "yes" 2. Which do you feel needs the most improvements: pedestrian (sidewalks); bike/park facilities; vehicular (streets); none; all of the above? Workshop # 3: The majority(56%) felt that "all of the above" need improvements; 26% felt that pedestrian infrastructure need them most and 10% thought street do. Workshop # 4: The majority (56%) felt that "all of the above" need improvements; 26% felt that pedestrian infrastructure need them most and 10% thought street do. 3. Do you agree with the new land use structure? Participants were shown a table with the proposed changes to the current future land use classification structure Workshop # 3: Some 49% of the participants agreed; the remaining responses were equally divided between those who did not and those unsure. Workshop # 4: The majority (83%) agreed. 4. Do you think that the new zoning districts are beneficial? Participants were shown a table with the modified future land use classifications and the corresponding changes to zoning districts. Workshop # 3: Some 49% of the participants thought they were, while 41 % thought that they were not. Workshop # 4: The majority (74%) thought they were beneficial. Boynton Beach Boulevard District 5. Do you think Boynton Beach Boulevard should be a Complete Street? The participants were shown a rendering of the eastern section of Boynton Boulevard (between Seacrest Boulevard and US -1), improved with a landscaped median, bike lanes and a wide landscaped sidewalk with benches. Workshop # 3: The majority (90%) said "yes." Workshop # 4: All of the respondents said "yes." 6. Is this type of transition between commercial and residential uses appropriate for this portion of Boynton Beach Boulevard? The participants were asked to respond to a rendering showing a wall and a landscape buffer separating the proposed commercial redevelopment fronting on Boynton Beach Boulevard from the single family neighborhood to the north. Workshop # 2: The majority (78%) said "yes." 7. Would you like to see improved commercial spaces on Boynton Beach Boulevard, west of Seacrest Boulevard, and is the example shown appropriate design for Boynton Beach Boulevard, west of Seacrest Boulevard, and is this scale and type of redevelopment appropriate for this portion of Boynton Beach Boulevard? Before responding to questions #7,#8 #9, the participants were shown: • slides assigning density, height, uses and selected design features for different sections of the area; • a rendering of the subject section of Boynton Beach Boulevard lined with one -to -two story retail/ commercial buildings, with a setback allowing for a sidewalk, landscape buffer and public space fronting the buildings to accommodate outdoor seating for restaurants. Workshop # 3: The majority (84%) would like to see improved commercial spaces and 79% thought the design was appropriate. Workshop # 4: The majority (89%) would like to see improved commercial spaces and 57% thought the design was appropriate, while 27% disagreed. ...as worded above was only asked at Workshop #2; the majority (70%) of agreed that both the scale and type of redevelopment were appropriate. Page 1181 of 14§1 Cultural District a street corner, with outdoor restaurant seating, and two tall (over 10 story) residential buildings placed at 8. Would you like to see more restaurants a significant setback from the commercial component and retail on Ocean Avenue? facing the street. Workshop # 3: The majority (81 %) said "yes." Workshop # 3: The majority (51 %) disapproved of the Workshop # 4: All of the respondents said proposed scale while 45% thought it was appropriate. "yes." Workshop # 4: The overwhelming majority (96%) found the scale appropriate. 9. What do you think is an appropriate building height fronting Ocean Ave — 35 feet, 45 feet, 65 feet, or 100 feet or over? Federal Highway District Workshop # 3: The majority (62%) thought that 35 feet was an appropriate height, while 24% supported a height of 45 feet; 8% and 6%, respectively, favored the last two choices. Workshop # 4: Some 30% of respondents thought 35 feet to be appropriate, an equal percentage of respondents (32%) chose a height of 45 feet and 65 feet, and 5% favored a height of 100 feet or over. Downtown District 10. Do you support improving the connectivity between Boynton Beach Boulevard and Woolbright Boulevard, along Federal Hwy and SE 4th Street? The participants were presented with a list of improvements benefiting connectivity and enhancing the streetscape along both streets. Workshop # 3: The majority (88%) said "yes." Workshop # 4: The majority (83%) said "yes." 11. Is ensuring a superior environment on 4th Street and Pence Park Important? The rendering showed to the participants depicted three-story townhomes fronting SE 4th Street, responding to a concern that the residential components of mixed-use development fronting US -1 would back onto 4th Street. Workshop # 2: The majority (61%) said "yes,"while the remaining responses were equally divided between "no" and "not sure" (both at 19%). 13. Do you think efforts should be made to improve the walkability of Federal Hwy? The participants were presented with a list of potential streetscape improvements, including widened sidewalks, enhanced lighting, an addition of street trees and of safe street crossings. Workshop # 3: The majority (88%) said "yes." Workshop # 4: The majority (93%) said "yes." 14. Would you like to see more community commercial on South Federal Hwy? The participants were shown a rendering picturing one - and two story commercial buildings along the South Federal Highway, placed at a significant set back from the street, with on -street parallel parking and enhanced landscaping. Workshop # 3: The majority (53%) supported additional commercial uses, while 46% opposed the idea. Workshop # 4: The overwhelming majority (93%) would like tosee more commercial uses. 15. Do you want commercial uses fronting the entire length of North Federal Hwy? (In addition to "yes," "no," and "I am not sure," the fourth option was only at the Gateway Boulevard intersection.") Workshop # 3: Some 42% of participants responded positively, 21 % rejected the idea and 28% selected the Gateway Boulevard option. 16. Do you think commercial uses should be optional as a part of a Mixed Use Low project? 12. Do you think this building scale is appropriate for a Downtown? Workshop # 3: The majority (69%) thought so, while The participants were shown a rendering 27% opposed the idea. depicting one- and two story retail uses lining 124 Page 1182 of 1471 Heart of Bovnton District 17. Is this Scale and Type of Infill Appropriate for Martin Luther King Jr. Boulevard in the Heart of Boynton District? The rendering showed two -to -three story townhomes facing the street, with a sidewalk, on -street parking and landscaped islands. The majority (72%) said yes. Workshop # 2: The majority (72%) said "yes." 18. Would you like to see more community retail in the HOB? The participants were shown a rendering of the Seacrest Boulevard/ Martin Luther King, Jr. Boulevard intersection featuring a grocery store/ retail uses with outdoor restaurant seating on the north east corner, across the street from the existing Family Dollar. Workshop # 3: The majority (88%) said "yes." Industrial Craft District 19. Is this type of transition between industrial and residential uses appropriate for this portion of the Industrial/Craft district? The participants were asked to respond to a rendering picturing a multicolor wall separating the district from a residential neighborhood to the west. Workshop # 2: The majority (78%) said "yes." 20. Do you support the CRA funding the proposed streetscape improvements? The participants were presented with images of the proposed improvements, including on -street parking, utilities placed underground, and sidewalk repair/ additions. Workshop # 2: The majority (85%) said "yes." Workshop # 3: The majority (86%) said "yes." 21. Do you support the addition of new industrial craft uses? Workshop # 3: The majority (89%) said "yes." 22. Do you support encouraging arts uses in the Industrial Craft District? Workshop # 2: The majority (74%) said "yes." 125 Page 1183 of 1411 Existing Conditions 1210 Page 1184 of 1471 Page 1185 of 1 Page 1186 of 1471 ,n .r 710 N, F de ra r € g way x BCY TCr , BEAC k-0 Page 1187 of 1471 .�r1C�f�if�i Ax INTRODUCTION ....................................................................................................................................................................................��. About the Boynton Beach Existing redevelopment 66 Thegoal ........................................................................,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®,®®,®,®,®,®,®,®,®,®,®,®,®,®,®.,7 W, W,...................................................................................................... NOMIC POPULATION AND HOUSING Population Estimates and 87 Population Characteristics,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,11 Race and 92 Age and Household Education and Income 17 Street Lighting Home Median Landscaping Age of stock Residential Property values,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,25 Single -Family Homes Town homes .26 Condominiums and Cooperatives 00 Rental Apartment SELECTED ECONOMIC INDICATORS Employment by Industr}[........ 30 Household Effective Buying Worker Commuting C, FUTURE. IxxA N YS . AND ZONING NyNG CON yONS .............................. , 5 3 Future Land Use and TCEA and Coastal Residential ix� .�s CONDITION �W, ops ��, B� � 1Hxw ��O� .�� ONS ........................................................................................................................................... :"3 Current UseProfil,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,a45 City- and CRA owned Inventories Historic Public Art 66 x INFRASTRUCTURE. CON��j � j��......................................................................................................� Water, Wastewater and sewer improvements........................................................................................ ,®,®,®„86 Identified substandard areas 87 Reclaimed Roads 92 Pavement Street Lighting 92 Median Landscaping 92 93 93 Page 1188 of 1471 m Figures � M��~�� ~.~ ~,~...~~~-.�~_.~~~,~_____________________________________=�_ B~ SOCMO4 ECONOMIC CONDMTMONS9_ �� __ Figure 1: 2O1OCensus Block Groups _______________________________1� Figure 2:Transportation Analysis Zones ____________________________13 Figure 3: PercentB|ache_____________________________________14 48 Figure 4: PercentHiepanice__________________________________15 Figure 5: Median Age _18 Figure 6: Population Over Figure 7:One-Person Houe�ho|de________________________________-�O Figure 8: Population with Bachelor's Degree orHigh�r______________________�1 Figure 9: Median Household Figure 1O:Home Ownership Rate ________________________________-�8 67 Figure 11:Commute of 3OMinutes or More _______33 C~ FUTURIE 1K. -AND USIE AND ZONING CONDITIONS _ _ �� Figure 12: Futuna Land Use ________________________________-�.40 Figure 13: D~ BUMH T CONDITIONS �� __ Figure 14: Land Uses Downtown Figure 14a: Commercial Uses Downtown Figure 15: Land Uses Northern Section 48 Figure 15a: Commercial Uses Northern Figure 16: Land Uses Southern Section______________________________5O Figure 16a: Commercial Uses Southern Figure 17: Vacant Qtv8' Figure 18: Historic Properties Figure 19: Parks Figure 20: Public Art ...... 67 Diagram 1: Structures Inventory- Federal Diagram 2: Structures Inventory- Federal Diagram 3: Structures Inventory - Diagram 4: Structures Diagram 5: Structures Inventory- |nduetha|____________________________77 Diagram O: Structures Inventory- Boynton Beach Blvd. -70 Diagram O: Structures Inventory- Heartof �~ MNFRASTRUCTURIE CONDITIONS 85 Figure 21: Utilities Improvements Northern Figure 22: Utilities Improvements Downtown Figure 23: Utilities Improvements Southern Figure 24: Road Figure 25:AU�y�__________________________________________g� Figure 26: Sidewalk Figure 27: Bus RDUte_____________________________________g7 Page 1189 of 1471 Page 1190 of 1471 AboutI MA� Beach Existing Redevelopment Plani Page 1191 of 1471 About the Boynton Beach CRA Under Florida Statute Chapter 163 Part 111, local governments are able to designate parts of their after a determination that "slum and blight" criteria have been met. Examples of conditions that can support the designation include, but are not limited to, the presence of substandard or inadequate structures, a shortage of affordable housing, inad- equate infrastructure, insufficient roadways, and inadequate parking. To document that the required conditions exist, the local government must survey the proposed redevelopment area and prepare a Finding of Necessity. If the Finding of Necessity determines that the required conditions exist, the local government may create a Community Re- development Area to provide the tools needed to foster and support redevelopment of the targeted Consistent with state law, in May of 1982 the City of Boynton Beach declared the downtown area, generally encompassing the Central Business zoning district, to be "blighted," and subsequent- ly created the Community Redevelopment Area (CRA), and the Community Redevelopment Agency to administer its programs and activities (Resolution 82 -KK). The boundaries of the orig- inally designated area were expanded shortly thereafter, in October of 1982, by Resolution 82 -BBB. As per state requirement, the redevelop- ment plan for the "Downtown Boynton Beach" was adopted in 1984 (Ordinance 84-32). Following the same "slum and blight" determina- tion process, the City implemented another small 84-11). Two other significant expansions of the CRA followed in 1987 and in 1998. - The 1987 expansion included a 519 -acre area bounded by the C-16 canal to the north, the Florida East Coast Railroad to the east, Ocean Avenue to the south and Interstate 95 to the west (Resolution No. 87-QQQ). The updated CRA redevelopment plan with the expanded area was adopted in December of 1989 (Ordinance 89-49). This area is referred to as the Heart of Boynton. 6 -The 1998 expansion was approved by Ordinance 98-33. It includes areas along the Federal Highway south and north of the downtown, and a small industrial area west of the Interstate 95. Concurrently, the City adopted a #^ ## -,# Ian for the ex-,#anded area named "Boynton Beach 20/20 Redevelopment Master Plan." This plan was superseded by several plans developed after the year 2000. Today, the CRA encompasses 1,650 acres. Durir01 the years following the last expansion, morela has been added as the City approved redevelo * parcels on the south end of Federal Highway. lExisting Redeveiopment Plans Currently, there are four adopted plans guiding re- development within the CRA area and a never -ad - Corridor. The adopted plans include the Heart of Boynton Plan, the Federal Highway Corridor Community Redevelopment Plan, the Ocean District Community Redevelopment Plan and the Downtown Vision and Master Plan. =_j r warjww�E pialls, allit. alej Wiriel 6111,9111.1 111 LCIIII6 UI LIIC 6W.Fe and focus. Below is the short overview of each plan: - The Heart of Boynton Plan was updated in June of 2014 (Ordinance 14-008). The planning area consists of the area updated by the 1989 plan. The original plan for this area was adopted in December of 2001, under the community selected name Heart of Boynton. The planning process involved extensive public participation, including five charrettes. Strategic Planning Group, Inc. (SPG) led the effort, in partnership with the RMPK Group and JEG Associates. The 2014 update was completed in-house by the City -CRA planning team. The team held a meeting with community stakeholders to obtain input on proposed redevelopment options. The plan generated eleven recommendations, including land use and land development recommendation changes allowing for an increase in intensity of development in selected areas east of Seacrest Boulevard. There is a minimal design and archi- tecture section included within the plan. Page 1192 of 1471 Redevelopment Plan is a June 2006 update to the original 2001 plan, which was developed to include the Federal Highway Corridor's CRA expansion areas referred to as the North Subarea and the South Subarea. The plan divides the corridor into five planning areas, and delivers analyses and subsequent redevelopment strategies for each area. The plan update does not revisit two original market analyses, the first one supporting a potential for a convention hotel, and the second additional retail and office space in the downtown area. It also makes few changes to the original recommendations. Although the plan does not include an urban design and architecture section, the recommendations call f#r tXe cre,2t*k #f st2A4.24.s 2A(e eesiglk guidelines for bulk and building massing as well as for .9rc'iiteCtLir.9IViaites. - The Ocean District Community Redevelop- ment Plan was created in-house by an urban design- er -led planning team and was adopted in February 2004. The plan features two alternative redevelop- ment scenarios for the District with detailed design recommendations for each. The plan's main focus is the City -owned land which represents 40% of Ocean District's total area. This area is referred to as the Town Square -Public Campus. The plan also includes design concepts the areas along Boynton Beach Boulevard, Seacrest Boulevard and Ocean Avenue, as well as for the area adjacent to the FEC and the single -and multi -family areas. The planning process included two in-house workshops and two public workshops for community stakeholders. Aside from the alternative subsection designs, the plan includes four broad recommenda- tions suggesting changes of land development regu- lations as well as creation of signage and of design recommendations for structures and street furniture. - The Downtown Vision and Master Plan, adopted in January 2009, is an update of the original 1984 Boynton Beach Community Redevelopment Plan. The planning process was headed by EDAW, Inc. consulting group in partnership with AECOM, Inc. and ERA, Inc. It involved stakeholders and City residents though a series of public meetings and visioning charrettes. The Master Plan provides a strategic framework for implementation of goals through five priority action items named "Big Moves". These include the Transit Oriented Development district around the future transit station, cultural and civic campuses anchored by government services, T1W Ittw&_9• dMfilwi4*i 4,6140 Boulevard and the Federal Highway linear park and gateway. The plan analyses focus on urban design, but comprise also regulatory assessment and economic and market considerations for the overall area as well F. N M W37. 5101 no a I NTM =0 LTA r =Z= Aside from the plans reviewed above, the CRA has a never -adopted draft Boynton Beach Boulevard Corridor Plan, and two additional documents to support redevelopment efforts; the Urban Design Guidelines manual, adopted by the CRA Board in 2006 the 2005 Bo,,,,nton Beach Communit,,,, Redevel- opment Agency Economic Development Plan and th4 2006 CRA Housing Needs Assessment. The Goai The goal of this eiTort is to amend, restate and con- solidate all CRA plans into a single document. While separate "districts" have been identified and may warrant individual attention because of their specific character and unique issues, staff aims to create a consistent, comprehensive urban design framework for redevelopment strategies in the CRA area. The consolidated plan will therefore present clear overall vision for the entire area, easy to understand by the mt4- - • fr4#4 r?k tunities for successful projects. Page 1193 of 1471 Page 1194 of 1471 I Population Estimates and Projections Population Characteristics Race and Ethnicity Age and Household Composition Education and Income MURNOail —1 Home Ownership Age of stock Residential Property values Single -Family Homes Townhomes Condominiums and Cooperatives Rental Apartment Properties SELECTED ECONOMIC INDICATORS Employment by Industry Sales 9" 5 [via WWORMIRMIN1111M Page 1195 of 1471 IP, 0% U Ir- AT 10 N Methodology. Current population numbers and projections for the study area covered by the CRA Co solidated Redevelopment Plan are based on two sources: the U.S. Census and the 2013 Palm Beach I County's Population Allocation Model. Whereas for the U.S. Census, the geographical units are Block] Groups, the Population Allocation Model employs Transportation Analysis Zones JAZs). Some of the geographical units are only partially enclosed within the CRA boundary (see Figures 1 and 2 on the following pages). Unless otherwise specified, the term "extended" CRA or a study area is used through- out the report to indicate that the information includes data for those parts of Census tracts, Census blocks or TAZs which are located outside of the CRA. Population characteristics data draws on the Census'American Community Survey 5 -year (2009-201:1 estimates, or, in cases of large margins of error for small samples in that dataset, on the Census 201 11 figures if available. 11:�Iopuiaflon Estimates and Projecb ions Since Traffic Analysis Zones No. 402, 403, 509, and 520 (bolded and italicized in Table 1) are only partly located within the CRA area, the total current and projected population figures include a sig icant number of people residing outside of the CRA boundaries. For example, using 2013 estimates of CRA -only population for the aforementioned zones (based on the Census block group population 111 1 1 !Ipli I !I Source: 2013 Population Allocation Model. Note: TAZ No. 484 has no population and thus is not included. 10 Page 1196 of 1471 18,734 19,125 19,833 21,315 23,916 26,380 28,520 Source: 2013 Population Allocation Model. Note: TAZ No. 484 has no population and thus is not included. 10 Page 1196 of 1471 1�;t!!111 � I qij�111;;11 III III I 1 1 11 S 0 4 •1111101 111111111 17111111 M 10MITUMM F-111 Fal i M-5511 I i or -11M Fill 011 R I a=. 13 iffieffilM MAN IDopuiation Characteristics Race and Ethnicity The extended study area has a significantly lower percentage of White residents (51.9%) and a higher per- centage of Black/ African American residents (41.6%) than the City as a whole, but a similar share of Hispanic population. As Table 2 shows, Block groups 61.002 and 61.003 (the Heart of Boynton community) are predominantly Black/ African American, with 91 % and 89.4% of Black population, respectively (see also Figures 3 and 4). Areas located east of Federal Highway are predominantly white. TABLE 2. The largest race and ethnic groups as percent of total population by Census block groups, Census 2010 BLOCK GROUP POPULAMON Percent White Percent BlackJAfrican American Percent Hispanic/ Latino 57..014 557 34..5% 57.3% 18-7% 57.022 2,544 32.4% 59.7% 12.5% 57..024 1,043 89..0% 5-7% 10-9% 61..001 978 88..8% 6_7% B..6% 61..002 1,607 5-1% 91..0% 4.7% 61..003 1,141 6_4% 89..4% 6..4% 62.011 2,384 38.8% 52.4% 17.2% 62.012 1,069 50.7% 41.9% 18.0% 62.021 1,236 80.8% 12.0% 17.4% 62..022 874 96.1% 1-6% 1.2% 62.031 1,002 57.9% 30.2% 16.5% 61001 861 79..S% 14..5% 14-9% 63.004 949 94.0% 2.8% 3.8% Total Area 16,245 51.9% 41.6% 11.9% Citywide Census 2010 68,217 62.4% 30.3% 12�8% Cilywide ACS 2008-201 13 69,257 .1 62.2% 31.5% 12,0% Note: One race only. Block groups bolded and italicized in Table 2 are only partly located within the CRA area. Block groups 57.023 and 60.121 are not included, as they CRA -enclosed sections do not have residential uses.v Page 1197 of 1471 CENSUS 2010 BLOCK GROUPS wholly or partially enclosed within the CRA boundary Page 1198 of 1471 TRANSPORTATION ANALYSIS ZONES wholly or partially enclosed within the CRA boundary 13 Page 1199 of 1471 POPULATION OF ONE RACE - BLACKS/AFRICAN AMERICANS as percentage of population, by Census Block Groups, Census 2010 L r Legend 1.6%-6.7% 6.8%-21.0% p21.1%-30.2% 30.3% -41.9% 42.0% -59.7% 59.8% -91.0% CRA Boundary BNd( t� Note: Citywide percentage of (' Blacks/African Americans is 30.3%. 0 437.5 875 1,750 2,625 3,500 Feet Figure 3 Page 1200 of 1471 0 HISPANIC/LATINO POPULATION IN NUMBERS AND AS PERCENTAGE OF TOTAL POPULATION by Census Block Groups, Census 2010 Legend 17-1 0.032000 - 0.047000 0.047001 - 0.086000 0.086001 - 0.149000 Em 0.1 49001 - 0.187000 lmmmrm CRA Boundary Note: Citywide percentage of Hispanic/Latino population was 12.8%. N 0 437.5 875 1,750 2,625 3,500 Feet Figure 4 Page 1201 of 1471 Age and Household Composition TABLE 3. Median age and selected age categories as percent of total population by Census block groups, Census 2010 BLOCKPercent GROUP POPULA-nON under 18 ars of age Percent 65 years and over Median age 57-014 557 29-4%o 3 -4 'Yo 31-8 57.022 2,544 22.8% 16.9% 41.5 57-024 1,043 14-90% 20.0 47-6 61-001 978 10-9%0 16.. 8 �lo 47-8 61-002 1,607 24-7%o 15.70% 37 61-003 1,141 20-20% 8-70% 32-7 62.011 2,384 26.5% 6.2% 32.5 62.012 1,069 21.4% 7.1% 35.6 62-021 1,236 13_7%o 1 2_2 Oi'o 38-1 62-022 874 2.9% 00.5 ,D 72-2 62-031 1,002 15-6%% 3 6.7 �lo 50-4 63-001 861 14-5%o 12.80% 35-9 63.004 949 3.5% 53.1% 66.3 Total Area 16,245 19.1% 19.3% X Citywide Census 2010 68,217 19,3% 21.4% 4t9 Cityw AGS 12008-2013 1 69,257 1&7% 22.2% 413 1 A review of Table 3 and Figures 5 and 6, depicting population age characteristics, shows that area -wide numbers are likely skewed by numbers for four block groups only partly located in the CRA. The recal- culation of percentages for the CRA area without these block groups lowers the percentage of youth under 18 from 19.1 % to 17.5%, and increases the percentage of population 65 years and older from 19.3% to Generally, residents with the highest median age and the highest share of people 65 years of age and older occupy areas east of Federal Highway. Block groups in these areas also have a lower share of youth under 18, between 3% and 16%. Areas with the highest percentage of population under 18 include the eastern part of the Heart of Boynton district (29.2%) and the northernmost block group of 57.014. Block group 62.022 has the highest share of older population, nearly 70%. (Most of the area of this block group is occupied by the age -restricted Sterling Village condominiums.) Figure 7 shows the percentage of 1 -person households in the total number of households for block groups in the (extended) area under study. By and large, the highest share of 1 -person households coincides with areas with a highest percentage of population age 65 and over. For example, in the block group 62.022, persons living alone constitute 55% of all households, and 42% of these persons are aged 65 or older. 16 Page 1202 of 1471 E.ducation and Income This section draws on data from the 5 -year pooling (2009-2013) of the American Community Survey's sam- ples. Because of the small sample size and significant margins of error, individual numbers should be interpret - TABLE 4. Educational achievement and median household income BLOCK GROUP Percent population POPULAMON 25 and older with a bachelor's or higher degree Median household income 57.014 557 26.0% 522.262 517.022 2,544 6.1% S30,821 57-024 1.043 4?_ S3&897 61-001 978 N-7% 563.119 61-002 1-607 12_9% S22-0,09 61-003 1-141 10-1% 520-714 62 011 2,384 18.8% S44,955 62.012 1,069 11.3% S32,958 62-021 1.236 14-9'% S46-318 62-022 874 21-2% 532-875 62-031 1-002 183% 529-517 63-001 861 62-4% $49. 6 1 63.004 949 28.7% S46,381 Total Area 16,245 23.2% X City wMde 69,257 25.2% 44,390 Note: Bolded and italicized block groups are only partly located within the CRA area Even though the educational attainment of Boynton Beach residents has improved since 2000, the City lags behind in the "Bachelor's Degree or Higher" category with respect to the County's level overall as well as with respect to some of its neighbors. The data suggests that education level as measured by this category may be even lower within the (extended) CRA area: in 7 out of 13 area block groups, less than 20% of the population has a bachelor's or a higher degree. As Table 4 indicates, block groups 61.002 and 61.003, encompassing the Meart of Boynton District, are two of the three block groups with the lowest median household income. As expected, their residents have low level of educational achievement, with 13% and 10%, respectively, of population 25 years of age and over holding a bachelor's degree or higher. (See also Figures 8 and 9.) The relationship between education and income implied by the data is more complex for block groups with high median age and high percentage of one-per- son households. For example, one of the block groups in the second highest median household income (block group 63.001 with an income of $49,861) has the highest share of population with a college or an advanced degree; however, that is not true for a block group of 61.00, which has the highest income, but where only about one-fourth of residents hold a bachelor's or higher degree. Page 1203 of 1471 MEDIAN AGE by Census Block Groups, Census 2010 Note: Citywide median age Blvd I P was 41.9 years. A 0 437.5 875 1,750 2,625 3,500 Feet Figure 5 Page 1204 of 1471 CRA AREA POPULATION 65 YEARS AND OVER by Census Block Groups, Census 2010 B m c Old B vn1 zI V lalre C.._ Gondola Boynt n N ceanA .. WOce nA 24t 3.4%-9.3% M St v - w S 1st ve S 2nd Ave -. can M N -- 'N S 3rd ve O can Dr 25th PI ^ � � SW 41 Ave 111 N SW5tAve m 6th e J SW th e `Sty _ 3 Ln SW 7th Av '0 m` 12 m Z 8th A. e Co w .9th A e o, y N �'F - SW 10th A e o 2 h th o w v o Lr)� e \ J SW 2th A e w th Av 5 SW 3th A e N v W Woolbr R W c (brig t Rd - > Wo Ibri ht Rd ^ N rth Ivd m 1 m Main Blvd m L a o outh Blvd O1 SW 19t A '. q o to N U 'p a W S 2' 01 5 N 2t Mis in Hill 23rd Ave 2 3 W 2 rd Av N o f Rd 3.4% 24t 3.4%-9.3% M L - Y SW 24th; v - SW 25th Ave 1� ^ - —thA e N N N ti SE 25 hAvt �� nS 25th PI ^ SE26t Ave 5 _ 3 SE27th ve- a SE 27th Ct U a 6t3 ve ull3 rn N ^ E t m` SW 27th ve N W th Ter ^ w N .. SW 27th 27th I Sun th Ave 2 h th - 8t W 28th Av _N Sun et Rd Fn SE31sAe:... rt rDrN SW.3 thAe m = g» Mis in Hill d �jl;I,Ii !I1 N. a! < ^ S 3 p SW 35th Ave 1 oImmeme Ln 1111ulf tr 38thCt t se@ _ Neptune Dr '. 19 Ave La Legend 3.4% 3.4%-9.3% 9.3%1 -12.3% 12.3% - 20.6 20.6% - 36.7 36.7% - 69.5 ®� CRA Boundary Note: Citywide percentage of population 65 years or older was 21.4%. N 0 437.5 875 1,750 2,625 3,500 Feet Figure 6 Page 1205 of 1471 ONE-PERSON HOUSEHOLDS percentage of all households, by Census Block Groups, Census 2010 Legend 17.5% -19.6% 19.7%- 22.4% - 22.5%-31.4 31.5% - 39.2% 39.3% - 48.1 48.2% - 55.4 CRA Boundary -Note: Citywide percentage of Blvd X F 1 -person households was 34.3%. 0 437.5 875 1,750 2,625 3,500 Feet Figure 7 Page 1206 of 1471 a POPULATION WITH BACHELOR'S DEGREE OR HIGHER as percentage of population 25 years or older by Census Block Groups, 2009-2013 ACS 5 -Year Estimates Legend 17-1 6.1% 17-71 6.2%-11.3% E3 11.4% -14.9% 15.0% -21.2% 21.3% -28.7% 28.8% -62.4% n»off CRA Boundary �❑❑❑� 1 - Note: Citywide percentage of BlvdA "g, - population with Bachelor's degree or higher is 25.2% A 0 435 870 1,740 2,610 3,480 Feet Figure 8 Page 1207 of 1471 MEDIAN HOUSEHOLD INCOME by Census Block Groups, 2009-2013 ACS 5 -Year Estimates Blvd SE Legend 17-1 $20,714 - $22,262 17-1 $22,263 - $30,821 Q$30,822 - $32,958 Q$32,959 - $38,897 $38,898 - $49,861 ME $49,862 - $63,626 lmmmrm CRA Boundary Note: Citywide median household income is $44,390. 0 437.5 875 1,750 2,625 3,500 Feet Figure 9 Page 1208 of 1471 OF KI=Y FINDINGS: IV 'The estimated 2013 11 POPUlation within the CRA bOUndaries was approximately 12,000, IV 'The rlUmbers generated by the Palm Beach COUrIty POPUlation Allocation Model show a 52% projected POPUlation growth in the extended CRA area for the 2012-203,05 period, IV 'The CRA p0pUlation is approximately 52% White, 42% Black/African American and 12% Hispanic, IV Nearly one-fifth of all residents are 65 or older: the areas with the highest median age are located east of the Federal Highway, I The level of edUcation as meaSU :re by a percent ; people with a bachelor"s or higher degree is generally low, in '7 OUt Of 130 block grOUPS, less than 20% Of POPUlation achieved it, IV Median hOUsehold income is low in MUch of the area, in $ OUt Of 30 block h g e income s below $ bra 33G 3 c-w;g0 0 h 23 Page 1209 of 1471 H 0 UES I N G Homeownership The 2010 Census figures show that the study area had—at that time—a significantly lower rate of home- Pownership than the City as a whole. The current percentage for a few block groups may be lower still, as more rental developments were built in recent years. City-wide, the home ownership rate was 72.8% in the year 2000; it increased during the housing boom, and then proceeded to drop following the reces- sion and the ensuing lending restrictions. The block group 62.021 had, at 31.07%, the lowest share of owner -occupied housing in the area. The chief and relatively recent contributor to this tenancy profile of the area is the Las Ventanas communit with 494 rental units. Homes within the CRA were also more often designated for seasonal, recreational or occasional use. The share of such homes was high in the area east of Federal Highway: for example, in the block gro 62.022, the percentage of such homes was nearly 61 %. Since this means that they are only occupiedl part of the year, it lowers the potential pedestrian traffic, an important factor in creating a vibrant down town—one of the main strategic goals for the City. BLOCK GROUP 707AL NUMBER OF HOUSING UNITS OCCUPIED UN17S Percent owner- occupied Percent units for seasonal, recreational or occasional use 57.,014 283 225 60.4% 0..9% 57.022 1,190 921 47.3% 13.4% 57.,024 681 509 58.7% 9_01% 61_001 751 "1 2 9 56., 3% 21.,6% 611.00'2 587 521 64.,5% 0_01% 61.,0,03 454 3 9 "1 38.2% 01-11% 62.011 810 710 62.8% 0.7% 62.012 524 441 66.7% 4.3% 612.0'21 1,049 635 31.7% 151% 62.0,22 1,038 0576 82.6% 601.6% 612.001 747 '034 37.,53% 27.,9% 610,01 669 480, 52.:5% 123% 63.004 1,024 624 72.9% 36.4% Total Area 9,8,07 7','100 6.1% 16.8 Citywide C 20101 ensus 36,289 1 29,104 66.4% 1 9.2" Citywide ACS 2009- 2013 36,993 28,846 66.1% 11.7% E Page 1210 of 1471 Age of Stock The 5 -year (2009-2013) ACS survey indicates that about 60% of all area units were built prior to 1971. The highest share of older housing stock was in the block group 62.022; it was also very high in the Heart of Boyn- ton district, at 86% and 78%, respectively, in the areas west and east of Seacrest Boulevard. Residentlai Property 11 lues This section draws on data provided by the Palm Beach County Property Appraiser's Office (see the Current Land Use Profile section elsewhere in this report for information on parcel -based use distribution). Single-family Homes There are 1,287 single-family homes within the CRA, with the median market value of $76,400 and an average (mean) market value of $157,636 (the significant difference is due to the fact that the values of the 97 high- est -value homes are much higher than most of the values in the set, with 16 homes assessed at more than $1 million.) MINE TABLE 6. Single-family market value distribution, 2014 I TABLE 7. Single-family taxable value distribution, 2014 TAXABLEVALUE Number Percentage of Cumulative. percentage MARKET VALUE of SF total number of Cumulative $ 50 K or more., but less than $100 K homes SF homes percentage Less than $50 K 208 16.1 % 16.1 % $50 K or m ore, but I,es s than $100 f 646 50.29/6 66.4 % $100ormore, but less than $200 190 14.84,E 81.2% $200 K or more: but I,ess than $300 70 5.4% 86.6% $300 K or more, but less than $500 76 5.99/0 92.5 % More than $500 K 97 7.5% 100.0°}0 I TABLE 7. Single-family taxable value distribution, 2014 TAXABLEVALUE NI um b er 0, f SF homes Percentage of total number of SF home Cumulative. percentage Less than $50 K 20 55.9011 55.Q% $ 50 K or more., but less than $100 K 286 22-2%' $100 or more, but less than $200 K 116 9_0% 8-7.1 X00 K or more., but lesq- than $3001 K 44 3APG' 90_6%' $300 K or more., but lesq- than $500: 1 6_3%' 96_8%' IMore than $5010 K 1 40 1 3. 1 % I 10 0. 0 1111� I I M Page 1211 of 1471 As Table 8 shows, only about one-fourth of all townhomes have a taxable value below $50,000, while 56% of single-family homes do. TABLE 8. Townhome taxable value distribution, 2014 TAXABLE VALUE townhome-S number of townhomes percentage Number of Cumulative TAXABLE VALUE number of condominiums percentage condominiums Condominiums and Cooperatives There are 4,485 condominium units and 245 cooperative units in the CRA multifamily buildings. The lat- ter are all part of Hampshire Gardens, an age—restricted community built in the 1960's (median taxable value $27,500). The median taxable value for all the condominiums is $58,300. Most of the condo stock consists of older buildings developed in the 1970's and early 1980's, with a median taxable value of $38,500. Newer condos, built since the year 2000, include Bayfront, Marina Village, Tuscany on the Intracoastal and Casa Costa. The median taxable value for these developments is $143,000. TABLE 9. Condominium taxable value distribution, 2014 26 Page 1212 of 1471 Percentage of total Number of Cumulative TAXABLE VALUE number of condominiums percentage condominiums 26 Page 1212 of 1471 FRIental apartment properties There are 197 parcels developed with small rental buildings containing less than 10 units; the majority of these properties consist of older duplexes, built in 1950's, 1960's and 1970's. Among the rental properties with 10 or more units (26 parcels, 12 owners), one-half were developed betwe 1957 and 1974 and include between 10 and 24 units. The only larger apartment development in this group Hatterras, with 6 buildings and a total of 72 units. i Larger and newer apartment communities include Manatee Bay with 180 units, recently completed Manatee Seaview Apartments (80 units), Peninsula (70 units), and Seabourn Cove (2 properties with a total of 456 units). Within the Preserve at Boynton Beach, 114 units in 9 buildings are included in an income -restricted apartment community, while units in the remaining 6 buildings sell as condominium townhomes. Of the first three developments, Peninsula is the most expensive, with 3-beom waterfront units renting for as high as $3,275 as of February 2015, compared to the $2,800 rent for a 3 -bedroom unit in Seabourn Cove. ffi Page 1213 of 1471 HOMEOWNERSHIP RATE by Census Block Groups, 2009-2013 ACS 5 -Year Estimates Legend 31.7% - 38.2% 38.3% - 52.5 52.6% - 62.8% 62.9% - 72.9% 73.0% - 82.6% o��oo� v CRA Boundary 7i �I Note: Citywide homeownership J,^& rate is 66.1 N 0 437.5 875 1,750 2,625 3,500 Feet Figure 10 Page 1214 of 1471 ARY OF KEY FINDINGS: IV Some 60% of homes were bUilt prior to 1971, IV At 56,1%, the area had a significantly lower share of owrier-oCCU pied homes than the Citv as a whole 'CerISUS 010 The 2015 homeownership rate may be lower still, with 900 rental apartments bUilt since 2010, IV Some 1 %of es were e e r seasonal, recreational or occasional pUrposes: of a concern is a high share of SUch homes in the downtown area east of Federal High way, lowering the potential of achieving desirable pedes trian traffic, IV Median valUes of homes in all categories are low,'78% of single-family homes and condominiUms and 48% of wnhomes have a taxable valUe below $100 K, 29 Page 1215 of 1471 `31=0 ECTED ECONOMIC INDICATORS The geographic unit for data in this section is a Census Tract. However, only two tracts -61.00 and 62.02—are completely enclosed within the study area. All of the remaining tracks transect the CRA boundary, extending west to Interstate 95; track 60.12 extends even further west, past the City bound- ary. The part of 60.12 enclosed within the CRA is a self-contained industrial area with a small but grow- ing arts "district." At the southernmost section of the CRA/City boundary, a 5 -acre section of Tract 65.01 is developed with three commercial properties; its remaining portion lies outside of the City. Except for the analysis of the commuting patterns, which uses ACS block group -based data, this sec- tion draws on the 3rd quarter 2014 Nielsen's Business Facts summary data (2 -digit NAICS). Employment by Industn As Table 10 shows, the (extended) study area is dominated by small businesses, employing 20 or fe er people; on average, businesses employed about 7 workers. Tract 62.03, with two commercial nod on the southeast and southwest corners of Woolbright Road and Federal Highway, has, at 16.4%, th] TABLE 10.Establish ment-baaedemployment inthe extended study area CENSUS TRACT 57.01 57.0,2 160.12 61.00, 62.01 62.02 62.03 63.00 65.01 TOTAL Number of Firms" 35 119 X 296 436 178 129 367 X 1,560 Employment 259 502 X 1 95,1 3,390 917 1,030 3,203 X 11,252 Employment ------------- ------------ te *Except Public Administration. Note: No data for tracts 60.12 and 65.01 were included. The out -of -CRA part of tract 60.12 covers large commercial job centers around Congress Avenue and Old Boynton Road. With the total employment of8.811.itwould have skewed the summary statistics. 30 Page 1216 of 1471 Generally, employment densities as measured by number of jobs per acre are low. This is especially signifi- cant since most of the area within Census tracts 61.0, 62.01 and 62.02 is part of the Downtown Transit -Ori- ented Development District. The employment densities in these tracts are 3.11, 7.12 and 4.34 jobs per acre while the Community Center station, a model for the Boynton Beach Downtown TOD District, stipulates densities between 45 and 65 jobs per acre (see the 2012 Florida Department of Transportation's Florida TO Guidebook). I The industry with by far the highest share of total employment in 2014 was retail trade at 22.4%, closely followed by health care/socia I assistance at 20.5%. The share of the next two industries, accommodation/ food services and construction, was much lower at 11.9% and 7.7%, respectively. Of the two Census tracts fully enclosed within the CRA area, tract 62.02 has a relatively high concentration of the healthcare and social assistance jobs, and the highest share of professional/scientific and technical assistance jobs. (Tract 63.00 clearly dominates in healthcare employment due to the location of the Bethesda Hospital within its borders, but the facility is outside of the CRA.) Retail trade dominates in tract 61.00. 111M 111DAM.-I Saies Mra-M-MONNIM M . 0 11� 0 1 0 1 IM IM WWI% I 1� KIINIKS1111 a MEM share of healtl�care'and professional jobs, generating higher per -job sales than establishments present in 62.01 (where the City Hall is located and 47% of workers are employed in public administration). TABLE 11. Employment and sales' density 3l Page 1217 of 1471 MOMMMMMMM MOMMMMM Sales per Acre in$ 3l Page 1217 of 1471 HOUsehold Effective BUYing Income Effective BugdU Income fEBOA also referred to as dms,,&�osable defined as income after taxes - as such, it represents an area's purchasing power. (The Buying Power Index (BPI), not calculated here, is based on a formula which includes effective buying income as well as population and retail sales.) Table 12 shows EBI density—aggregated household effective buying income per acre—for Census tracts in the extended study area. TABLE 12.Household Effective Buying Income TRACT 67.0 1 57.02 61"00 62.01 6,2.02 62.03 63.00 Area in Acres 338 671 6,28 476 211 350 828 N umber of H auseholds 1,664 2,230 1,735 1,532 1,624 1,300 2,669 BILOCKGROUP 62.012 62.021 62.022 62.031 63.001 63.004 Citylevide Average Household EBf $341,666 $40,626 $ 4-4 r 6 414 $43,804 $50,722 $401,371 $ 68140 4 JEBI per aCrre 1 $16 9,92 81$135,044 1 $123,340 1$140,9E,6 $365,565 1 $160,140 $188,282 Worker COMMmt~ng Patterns There are no workers in the "Workers over 16 Commuting 30 minutes or over" category for block group O2.O22.This can be explained by the age distribution: 62.022 has the highest percentage of people 65 and over /69.5%\ and a highest median resident age of 72.2; thus, it also has a wary low labor force TABLE 13.Selected commuting indicators BILOCKGROUP 57.014 57.022 57.024 61.001 61.002 61.003 62.011 % workersover 16, commuting BILOCKGROUP 62.012 62.021 62.022 62.031 63.001 63.004 Citylevide 32 Page 1218 of 1471 CRA AREA WORKERS WITH A COMMUTE OF 30 MINUTES OR MOR by Census Block Groups, 2012 5 -Year Estimates m c 0 437.5 875 1,750 2,625 3,500 Feet Page 1219 of 1471 Old Boynton Z I II E W Boydt I� n.Beach Blvd W S N U o v V) N (bright Rd Wool bri ht Rd c U 0 437.5 875 1,750 2,625 3,500 Feet Page 1219 of 1471 j.d Page 1220 of 1471 1�01M,PM,PMPY OF K'=Y FINDINGS: IV As of the 30rd qUarter of 2014, 1,560 private firms in the area employed 11,252 people, an average of'7 workers per fi r 2 IV Retail'Trade dominated employment at 22,4% of the total, followed by Healthcare/Social Assistance at 20,5%, IV Employment density jobs per acre), was a low 30 ,21 Density in areas located in the Downtown'Transit- Oriented Development District varied from 30,11 to'7,12, MUch below 45-65 recommended in the COMMUrlity Center Station modeL Page 1221 of 1471 j sz Page 1222 of 1471 ff Zoning Conditions Future Land Use & Zoning 7 Page 1223 of 1471 IL -AND USE. & ZONING The City has 18 Future Land Use classifications (including a Conservation Overlay); 14 of these are present in the CRA, as shown by Table 14. The maximum densities of the Special High Resi- dential, Mixed Use and Mixed Use -Core categories can be increased by 25% for properties located within the Downtown Transit -Oriented !- of (DTOD) District (see Figure 12), established in anticipation of the planned station for the Tri -Rail Coastal Link," a new commuter service. The service would add a series of new passenger rail stations on the FEC in Palm Beach, Broward, and Miami -Dade Counties, including a new Boynton Beach station just south of Boynton Beach Boulevard. The increased allowable density aims to eventually bridge the gaps the current DTOD number of 7 dwelling units per acre and the 11 -to-1 6 units per acre range recommended for the Community Center station, a model used for the Boynton Beach district. Note that the Special High Density Residential, Mixed Use and Mixed -Use Core Future Land Use Classifications and their corresponding zoning districts are limited to the CRA area, and have 11504411114STNITST40+5 =*_ TT11= r*T*Ti 70 lifel Fril As per the City's Comprehensive Plan, the Con- servation Overlay on 27 acres at the center of downtown restricts development of affected prop- erties, requiring preservation of 25% of the native habitat (federal, state and county laws may addi- tionally apply if mangroves occur.) The downtown Conservation Overlay spans over one-half of wa- I Mixed Use Low 1, 2, and 3. The Central Business District will eventually be replaced by the Mixed Use High (MU -H) District, corresponding to the Mixed Use -Core Future Land Use classification which has already been preemptively applied 38 by the City to 64 acres of land located in the downtown area. TCrEA & Coastai Residential ,Exception Future development in the downtown and sur- rounding neighborhoods will continue to be facili- t.2te,i. Concurrency Exception Area (TCEA, see Figure 12) designation, established in 2005. The TCEA designation constitutes a flexible transportation concurrency option approach, aimed at reducing the adverse impact transportation concurrency opment. Within the pre -established TCEA devel- opment thresholds, individual projects are exempt from the requirements of the Palm Beach County Traffic Performance Standards. The exceptions apply to all land uses and development within the TCEAarea. In addition to the TCEA provisions, the CRA area is also subject to the Coastal Resi- dential Exception. Page 1224 of 1471 TABLE 14. CRA Future Land Use by acreacie, 2015 DESIGNATION Maximum Densitylintensity ESTIMATED ACREAGE RESIDENTIAL, in which. Low Density 5 du/acre 110 Moderate Density 7.5 du acre I Medium Density 10 du lacre 107 Hil,qhi Density 11 dulacre 263 Speciall High, Density 20 dul'acre' 103 COMMERCIAL, in which:� Office 0.4 FAR 5 Locall Retaill 0.5 FAR 209 Generall 0.5 FAR 24 INDUSTRIAL 0.5 FAR 63 MIXED USE 40 du /acre*/ 3.0 FAR 75 MIXED USE -CORE 80 du/acre�/ 4.0 FAR 64 RECREATIONAL 0.5 FAR 87 PUBLIC &, PRIVATE GOVERNMENT,'INSTI TUTIONAL 1.0 FAR 90 TOTAL X 11201 CONSERVATION OVERLAY X 69 ' See explanation below 39 Page 1225 of 1471 CRA FUTURE LAND USE MAP 0 5001,000 2,000 3,000 4,000 Feet Figure 12 Page 1226 of 1471 South CRA ZONING MAP LEGEND Zoning Districts: R1AAA Single Family R1AAB Single Family R1AA Single Family R1A Single Family R1 Single Family R2 Duplex R3 Multi Family PUD Planned Unit Development IPUD Infill Planned Unit Development C1 Office Professional C2 Neighborhood Commercial C3 Community Commercial C4 General Commercial CBD Central Business District M1 Light Industrial MU -L Mixed Use Low 1 MU -L Mixed Use Low 2 MU -L Mixed Use Low 3 MU -L Mixed Use Low MU -H Mixed Use High REC Recreation PU Public Usage ®® CRA boundary 0 5001,000 2,000 3,000 4,000 Feet Figure 13 Page 1227 of 1471 12 Page 1228 of 1471 INVENTORIES Historic Properties Parks Public Art Structures Page 1229 of 1471 Page 1230 of 1471 I'li rE C R A C U R R rE N T 116-1 A N D U S rE P R 0 F 1116-1 rE e W'I Was] I I or-1-Iffelp I W" 1I ME Ex-eml.-Tim 0 el e e 19) VbLl KAb, c1b I CTIOVIC09', Ne Future Land Use and Zoning section above. TABLE 15. Land uses of parcels in the CRA area, 2014' LAND USE No. of parcels LAND USE No. of parcels 1.VALAN T* 328 3. IMPROVED industrial 75 Residential 2" Light manufacturing 5 Commercial 80 Warehouses4stributionistorage 70 Industrial 4 4. IN STITUTI,ONAL/ OTHER 206 2. IMPROVED residential 21,222' Religious 50 Sin Ie -family detached 1,289 Park/rec, iprivate rec, 55 Townhomes 623 Lakejwater 22 Rental. more than 10 units 26 Private schools 6 -in which income -restricted 9 Public, schools (PBC SB) 3 Rental. less than 10 units 197 Social ser ices 5 Condominiums" 87 Nursing homes 3 3. IMPROVED commercial 240 Fraternal Clubsorganizations 3 Stores 67 Funeral homes 2 Dept. stores/ supermarket/shopping 6 centers Utility 3 St o res`office/residential 33 Buff er/R-O_-V%` 2,11other 54 Office: one 53 storVl_multistoryiprofessional TOTAL NO. OF PARC EL S 3,210 Restaurants 18 Auto repairlservice/machinerV 34 salesiservic,e SELECTED 0AWERS Financ,ial4surance 5 Ci(yICRA Motel 9 FEC ra4road (centra,1(y a55e5sed,1 1 Servic,e station 6 PBC Hou5irzg Author -,(v 45 V'orkinq waterfront P 4 1Other 17rS.?_GTU-1-4—D .5 * Vacant category includes unbuilt parcels with valid development orders. Vacant City -and CRA owned parcels may be coded "Vacant" (in a specific category), but also "Municipal" or "District." ** There are 87 parcels developed with residential condominiums or cooperatives in the CRA, with 4,485 condo- minium units and 245 cooperative units. The table above shows land use -based CRA parcel distribution (see Figures 14 and 14A, 15 and 15 and 16 and 16A for geographic distribution of land uses in the CRAs central (downtown), northern, a southern sections). The majority (71 %) of the parcels within the CRA are developed with residential uses. I About 10% of the parcels within the CRA are vacant, a majority of them residential. Most are small, less than an acre in size; only nine are larger, ranging in size from 1 to 3.2 acres. W Page 1231 of 1471 LAND USES IN THE DOWNTOWN SECTION N y O / NE 15thnV �N 14th Ct Oce n InleDr aZ ZNW 14th Ave N 14th Ave Z NW 14th Ave F - Shore Dr Page 1232 of 1471 THE DOWNTOWN SECTION COMMERCIAL USES a co m W 11th T X Legend Vacant Commercial Stores/ Mixed Use nRestaurants Office Auto Repair Service Stations Warehouse/Distr. Light Manufacturing CRA Boundary Note: "Vacant Commercial' includes some CRA -owned properties. It may also include parcels with valid development orders. SE Ave orizons A A 14A Page 1233 of 1471 r LAND USES IN THE NORTHERN SECTION N 0 62.5125 250 375 500 ®Feet Legend Land Uses (DOT codes) vacant single-family homes townhomes multifamily commercial industrial institutional CRA -owned parks/rec utilities r/w - buffer lakes rec/parking CRA Boundary Note: "Vacant" may include parcels with valid development orders Figure 15 Page 1234 of 1471 THE NORTHERN SECTION COMMERCIAL USES I 19 Page 1235 of 1471 LAND USES IN THE SOUTHERN SECTION No ^�, ain Blvd South Blvd i 2 Ln High Point Blvd I:ISI:7 CI7ISCI Cil;a��j:(�Y�1[�1]i�, V) N 087. -5 350 525 700 ®Feet Legend Land Uses (DOT codes) vacant single-family homes townhomes multifamily commercial industrial institutional CRA -owned parks/rec utilities r/w - buffer lakes nrec/parking MENEM& CRA Boundary Note: "Vacant" may include parcels with valid development orders. Fi�ure 16 Page 1236 of 1471 THE SOUTHERN SECTION COMMERCIAL USES Not-th BI P - ^�ain !�7�._._._._._._.Blvd_._._.._._._._. South Blvd Hiah Point TBlvdl�/ th z N 0 87 5 iso 525 7D0 ®Feet Page 1237 of 1471 UFRA 84, C;ib,i Owned V cant Parcels As Figure 17 shows, the 46 undeveloped CRA -owned parcels are concentrated in the downtown and surrounding neighborhoods, mostly in the Heart of Boynton area east of N. Seacreast Boulevard. The three largest clusters include two groups of small lots, one located between NE 4th and NE 5th Ave- nues, and the other between N E 9th and 11 th Avenues, as well as two parcels south of N E 7th Avenue, consolidated into a property with an area exceeding 4 acres. Most of the lots in the first group face Martin Luther King, Jr., Boulevard on the north and south sides. The second group is clustered around a centrally located green space, and tentatively designated for the future Cottage District project. The large 2 -lot, 4 -acre property is a future site of the Ocean Breeze East project (Ocean Breeze West on the west side of N. Seacrest Boulevard has recently been developed with 21 single-family homes). While the Cottage District projectiecurrently envisaged tobealow density development, the Ocean Breeze East and any potential projects on the Martin Luther King, Jr., Boulevard can avail thernee|wae ofhigher density options of3Oto4Ounits per acre approved aepart ofthe 2O14update ofthe Heart of Boynton Community Redevelopment Plan. In addition to vacant parcels owned by the CRA, the area contains some City -owned vacant land. On the west side ofN. SeacnaetBoulevard and directly south ofthe Poinciana Elementary STEM Magnet School, City -owned vacant lots will be utilized for building for -sale single-family homes as part of the "Model Block" development. M Page 1238 of 1471 CITY— AND CRA—OWNED VACANT PARCELS a 117 r Lv tI e _. CJ L r I- 1 Z � NE 20th Ln mal-� Boynton Bay Cir ". _f `i. !!) E 20th Ave Em a4RY� FN17 h.r! 'e � Ni.�.t. m�( .. EA ------------ NW 11ih.Ave._._.. j1 FT. - Z z - ` t+ Ma �Ea " y 41 ��(� . - . r j } iris � SF �eava�vk ....._.�.. � L� �.� t a �r'�r1 r (j Z � _.��.��-_.,�a ''}_,,h, � �t -.j}}}�.�f?•1 ��1.k�.��i 1�-L.1 �-. � �. ._._)( � —��-� ��@��i. 'L�.I ��._.�..,.. J ._S' - y._.� _� 1 C77111 _Z.T77_(.11.I.1.14H1411 .1 11 71 TZ � T�_I�1171�I71 �171T11 1iri7 ,' � �I1�le IN ®®®®®€ ®®® ®®®....... ..... ®®®®®�®®®®® ®®®®® ®®®®� ®® }� II ..iT[1��.��1f� �� ! ��ii�� 7�-�.0 _� �� _._. L_f7? �l IJ�11 zt a�I��H ��I�� i12dh „ , 1 L NW.11th Ay C r - .. u1T7171II.I.11 17��_T� �:L.1. �..I t .T B. 7.1T� flIII-Lmi1II -1 FIT] -H1 111 _ �C, Z J T 1 (,� _ �� _ Av _ L_I 9t _ZA�II I[1_ �Z1.IIIIJ�ZIl1 T TI11 r C_ [NE 8th Ave N t 8 1 1 11 U t1z CIZII_ t� � �� C hl 1 TZIIZCI �1 � c �ttju 7t A I, z9. ------------------- �_.I_-I.II C 1 C rN712L_I� rt.xa t 7? y 4th Ave _-_- WI - �ll TLZL1rrI.11I-i} ti ; 1 �sL�1((T�I� f I� r zjt+/ jF( � jI mI�lE I3IA i t !t_;� L5 -_._._._. �v yntdn ani ivy I. CI IIS .B r .� e�'` . ` ._.1 ._._tuE 2.A 1, rT_ tr i f � yf II _1t 177 I i ; I I1 � g 1t�.� T1 _� l NE 1 st� - 4 IT -1 IIA r I1 IIZI c_- 1 __ 1 ir ___I r7 7I7_7' ny 1 t E.Q e- qy� - -I '_. J Iv.l .-----1_.. � �a �' 1r 1I I I -t . f E 1st�1 SE � 1 _WF SEAve ,! I17 Ir7�(I(_ IrI t 1Tj, 17I�71I 1 -i -(-i T SE 2nd _. 2.as1.. T 99 1 r L iJ C��IT. -T �I flt I_LI ] e Hor¢ ns W T �� r; LEGEND hit -11 .(7..I_. _. _i.. N ------ —Rj City -Owned Vacant in CRA ( j -j(ttt _. l�Li-1l.��kl. `Y� I_.:.._I J L_. .._7.-.i_ I-ik.�9FI�I.II7 t-="1.� .._. mil Y z r- (¢-r(- T-,�.il. IrI TITt.I CRA -Owned Vacant 15�51� Me� �.�`M�� h`.J7.�.�I I_ 1 L�LLI. �AZ✓ i Z. _1_ �� y , �MCRA boundary �_ rhL3 �� zz i r �_11261 I� 1 ` �ID . jTRI __ 1 1��.�� W 6th Lt-- --- �---�_ _ ��----------- !Ah - .��i (-_.._h Av 5.7}'- I��ZI.�I ��♦�.L�I78I1A.Y �� 1� e rb7-ir7� j(�T I C t} �j{7j(� 7j`� 1T� j(' � (j T jj�, f( yl, i L f-- _ Jq 7 ( 0 1711 HIT �I � I �� { dLIM �� . �0 187 5375 750 1.125 1.500 r�1st SII 111IZ�iEhbIIITI� I ]�/�� TTr� y5EmFigure 17 Page 1239 of 1471 INVIENTORHES: HISTORIC PROMERTHES w Signcant historic sites are included in the Boynton Beach Register of Historic Places (local register); a few are also included in the National Register of Historic Places. The determination of a site's historic Table 16: FMSF Inventory Sites within the CRA I Page 1240 of 1471 Sites Within the CRA Boundary Listed in the 1996 FMS,F Survey No. Name Address PCN Built Stylle Significance I United American Properties, Inc. 122G S. Federal Hvo. 08 -43 -45 -27 -05 -GOD -0312 c.1935 Bungalow Architecture, recreation itounsm) 2 Mary Law House 625 S. Federal Hv.,y. 08-43-45-28-07-003-0092 c.1914 Frame Vernacular Architecture 3 Joseph C. Reis House 421 SE 5th Ave. 08-43-45-28-07-032-G,213 c.1936 Frame Vernacular Architecture 4 Jean Carnahan House 425 SE 5th Ave. 0?-43-45-2867-002-6112c.192G Frame Vernacular Architecture 5 10ra L. Svjeat House 421 SE 4th It. 08-43-45-28-0,9-000-0020 c:.1935 Frame Vernacular Architecture 6 Dens D. & Cheryl J. Meadows House 429 SE 4th St. 09-43-45-28-08-DOO-001D c.19313 Frame Vernacular Architecture 7 lvlichael W. Bowden House 407 SE 4th St. 09-43-45-28-07-1?02-0050 c.1920 Frame Vernacular Architecture 8 Nlicheline Many House 227 SE 3rd St. 09-43-45-28-C&0I6-0250 c.1913 Frame Vernacular Architecture a K. & Helen Ljman House 226 SE 3rd St. 0,9-43-45-28-03-DII-0071 c.1926 Frame Vernacular Architecture 1G Edith Andrews House 366 SE 1st Ave. 08-43-45-28-03-012-0041) 29G7 Frame Vernacular Architecture, exploration/settlemei 12 Harvey E. Oyer Budding 521 E. Ocean Ave. 08-43-45-28-03-306-GIGG c. 1949 Commercial Architecture, commerce 12 R. &Anne E. Gel jer Buflding 134 S. Federal Hv.,y. 08 -43 -45 -27 -04 -DOG -0022 c.192G Commercial Architecture, commerce 13 1 F i rst U n ite d M eth o d i st Ch u rch 131 N. Seacrest B lvd. 08-43-45-28-10-005-0616 c.1945 Gothic Revival Architecture, religion 14 Gen. Dainei C'Connel House 233 NN 3rd It. 08-43-45-28-10-001-0371 c.1925 rolission Architecture 15 Susan J. Mize House 330 N`,N I st Ave. 09-43-45-28-20-006-0030 c.1924 4 Mission Architecture 16 Teresa L. 'hilIls House 324 N`,N 1st Ave. 08-43-45-28-10-006-0050 c.1925 lelediterranean Reviva Architecture 17 Khadey House 326 N"Al 1st Ave. 09-43-45-28-20-a06-0200 c.1925 [0editerranean RevivE Architecture 18 Susan Murray House 310 0 N'Al 1st Ave. 09-43-45-28-20-W&0230 c.1926 NUssion Architecture 19 HerrmnioXaraballo House 264 NA'' 2nd St. 08-43-45-28-20-303-0312 c.1926 rwl ssion Architecture 2G Sulus Computer Corp. House 221 NA'' 3rd St. 08-43-45-28-20-GGI-0310 c.1925 Mission Architecture 22 Gordon Cray.,iey House 323 NE 1st St. 08-43-45-21-30-032-03101 2945 Frame Vernacular Architecture 22 Lucy.N. Cavanaugh House 407 NE 1st St. 0R-43-45-21-30-602-6231 c.1936 Frame Vernacular Architecture 23 Sunshlne Events, Inc. House 130 NE 3rd Ave. 08-43-45-21-30-001-0050 c.1935 Frame Vernacular Architecture 24 Teresa Leila House 126 NE 3rd Ave. 09-43-45-21-30-00I-0061 c.1947 Frame Vernacular Architecture 25 Carl H. Arnold House 126 NE 3rd Ave. 09-43-45-21-30-D3I-009D c.1935 Frame Vernacular Architecture 26 Jacqueline M. Jacobson House 120 NE 3rd Ave. 09 -43 -45 -21 -3,0 -WI -0200 1935 Frame Vernacular Architecture 27 Victor H. 7revinc, House 121 NE 3rd Ave. 09-43-45-21-3,0-W2-0270 c.1940 Frame Vernacular Architecture 29 David Eunice House Ill NE 3rd Ave. 0S-43-45-21-3,1)-3G2-GI5G c. 194', Frame Vernacular Architecture 29 Alberto F. & Gwendolyn Busey Hous E 13,0 NE 4th Ave. 0S -43 -45 -21 -3,1) -3G2 -635G c. 194', Frame Vernacular Architecture 36 Joseph A.G. Jean House 124 NE 4th Ave. 08-43-45-21-30-032-0062 c. 1 94G Frame Vernacular Architecture 32 1 Henry Roberson House 124 NE 4th Ave. 08-43-45-21-30-032-0090 c.1935 Frame Vernacular Architecture 32 Foster and Deal House 112 NE 4th Ave. 08-43-45-21-30-002-01030 1935 Frame Vernacular Architecture 33 Henry Roberson House 136 NE 4th Ave 08-43-45-21-30-002-0110 c:.1925 Frame Vernacular Architecture 34 Richard B. Holmes House 120 N`,N 4thAve. 09-43-45-21-07-00I-1500 c.1925 Mission Architecture 35 Orabella 10clder Nelson House 124 N"Al 4th Ave. 09 -43 -45 -21 -D7 -WI -151D c.1935 Mission Architecture 36 7ilman Baradhe9 House 505 N. Seacrest Blvd. 09 -43 -45 -21 -D7 -a02-1460 c.1925 10ission Architecture 37 Lillian F. Deer House 522 N. Seacrest Blvd. 08-43-45-21-29-303-0354 c.1925 Frame Vernacular Architecture 3,9-, Lillian F. Deer House 526 N. Seacrest Blvd. 08-43-45-21-29-303-0354 c.1935 Frame Vernacular Architecture 39 Carlos A. and Lenor Perez House 125 NE 4th Ave. 08-43-45-21-29-003-0052 c.1936 Frame Vernacular Architecture 46 B. Bafley and Cecilia Derle House 122 NN 5th Ave. 08-43-45-21-07-032-2430 c.1926 jrolission Architecture 41 Cornmer House 134 NN 5th Ave. 08-43-45-21-07-002-145D c.1929 rolission Architecture 42 H.L. and Iona L. Smith House 517 NE 1st St. 08-43-45-21-29-003-0311 c:.1935 Frame Vernacular Architecture 43 B.7. and Geneva VVilWns House 133 N`,N 6th Ave. 09-43-45-21-07-003-ID60 c.1946 lel a s o n ry Ve rin a cu 1 a r Architecture 44 Mascolo House 832 N. Federal Hvdy. 09-43-45-22-C&00I-0241 1946 10asonryVernacular Architecture 45 Harold E. and Marione Ochstein Hou 636 NE Bath Ave. 09-43-45-21-32-W5-0271 1943 Frame Vernacular Architecture 46 E.O. Properties Inc. House 1610 NE 7th St. 09-43-45-21-32-1)07-0021 c.1945 Frame Vernacular Architecture 47 Old Dutch Mill 1322 N. Federal Hwy. 08-43-45-21-32-303-0201) c.1945 Frame Vernacular Architecture, commerce 49 Benvenuto Restaurant 1736 N. Federal Hwy. 08-43-45-25-63-006-6I60 c. 1925 rolediterranean RewdaArchitecture 49 1 -James P. Rombalkis House 626 Lakeside Harbor 08-43-45-25-03-606-0036 c.192G Frame Vernacular Architecture 50 Duncan and Flora Coutts House 626 Potter Rd. 08-43-45-15-02-000-1180 c.1929 Frame Vernacular Architecture 51 jPeter and Michael Flood House 644 Potter Rd. 08-43-45-15-02-000-1120 c:.1925 Frame Vernacular Architecture 52 IFI. !slander InverstmentCo. Inc. Hou628 Dimick Rd. 09-43-45-15-02-D0O-3490 c.1940 Frame Vernacular Architecture I Page 1240 of 1471 significanced the possible elii i '. for ' !isters) starts with its inclusion in the Florida Master Site File (FMSF); the only requirement for a site to be entered into the FMSF is that it be over 50 years old. The FMSF is an inventory only and does not offer any form of protection for the sites included. See Figure 18 for locatior of # 'The FMSF Inventory within the CRA BOUndary The sites listed in Table 16 are located within the CRA boundary; these were included in the original survey un- dertaken in 1996. The majority of these sites will likely be eligible for inclusion in the Boynton Beach Register of # . (Local Register). Some may also be eligible forinclusion Places; however, a thorough inspection is required before a decision on eligibility can be made. The FMSF is currently being updated through an ongoing survey which will include all sites in the city built before 1965. As Boynton Beach expanded greatly in the post-war years, an estimated 1,500 sites need to be surveyed. This survey will update the current entries in the FMSF and will add a large number of new sites. Many of surveyed sites will be eligible for# # . Register and some may meet Nation- al Register requirements. Table 17: Known si nificant sites within the CRA not on the FMSF Surve Known 'Significant 'Sites Within the CRA Boundary not Listed in the 1996 FMSF 'Survey No. Name Address Built Style Significance 1 3503 N. Sunset Rd. 3503 Pd. Sunset Rd. ,.1932. Frame'VemaCular Architecture 3505 Periwinkle Ln. 3505 Periwinkle Ln. c.1942. Masonry' Vernacular Architecture, Rossihry Agriculture 3 10005. Federal Hvq. 10005. Federal Hwy. 1974 Naut7cal Moderne Architecture, art 4 9155. Federal Hwy. 9155. Federal Hwy. c.1924 Frame' Vernacular Architecture 915 SE 3rd St. 9.15 SE 3rd St. ,.192.6 Mission Architecture 6 425 SE 5th Ave. 425 SE 5th Ave. c.193a Frame' Vernacular Architecture 115 SE 4th St. 115 SE 4th St. Fre-133:5 Frame' Vernacular Architecture, Soc7al History R Ruth Jones House 490 E. Ocean Ave. ,.1923 Frame' Vernacular Arch Etectu re 9 Harvey Oyer Building 529 E. Ocean Ove. c.1919 Commensal Architecture 10 Arcade Building 515 E. Ocean Ove. 1361 Commensal Architecture 11 The Blossom Shoppe 402. E. Ocean A:ve. c.1951 Commercial Arch n:ectu re 12. 303 NW 1st Ave. 303 NVr'1st Ave. c.1950 Masonry' Vernacular Architecture 13 First Baptist Church 301 N. Seacrest Blvd. 1347 Neoclassical Re,.wal Architecture, Religion 14 411 E. Boynton Beach Blvd. 411 E. Boynton Beach Blvd. c.1955 Commensal Architecture 15 519 NE 4th St. A 51R NE 4th St. A c.1925 Mission Arch Etectu re 16 617 NE 3rd St. 617 NE 3rd St. c.1970 Commensal Architecture 17 240 NE 6th Ave. 243 NE 6th Ave. c.1972. Commensal Architecture IS Sara Sims Memorial Gardens 201 NVV 9th Ct. 195S Cemetery Arch a e l op, Art, Ethnic Heritage, Social History 19 1001 N. Railroad Ave. 1001N Railroad Ave. c.193a Frame' Vernacular Architecture 20 1017N. Railroad Ave. 1017N Railroad Ave. c.1953 Frame' Vernacular Architecture 2.1 True Deliverance By Faith Church 425 E. Martin Luther King Jr. 3W c.1942. Commercial Architecture, Social History 22 St_ Paul APAP Church of Boynton Bea 315 E_ Martin Luther King Jr_ BPv ,1954 Gothic Rev€vaI Architecture, Reiig Eon 23 114 NE 11th Ave. 114 NE 11th Ave. c.1945 Frame' Vernacular Architecture 24 120 NE 11th Ave. 120, NE 11th Ave. c.1946 Frame' Vernacular Architecture 25 227 NE 11th Ave, 22.7 NE 11th 1-, ,1541 Frame Vernacular Architecture 2.6 329 NE 12th Ave. 329 NE 12th Ave. c.1949 Wood Siding Architecture 27 330 NE 12th Ave. 33a NE 12th Ave. c.1945 Frame' Vernacular Architecture 25 335 NE 12th Ave. 335 NE 12th Ave. ,.1940 Masonry' Vernacular Architecture 29 Oaise Temple Church of God in Chr 343 NE 12th Ave. c.1953 'Vernacular Architecture, Religion 30 413 NE 12th Ave. 413 NE 12th Ave. c.1946 Frame' Vernacular Architecture 31 416 NE 12th Ave. 416 NE 12th Ave. c.1939 Frame' Vernacular Architecture 32. 419 NE 13th Ave. 419 NE 13th Ave. ,.1939 Frame' Vernacular Social history 33 416 NE 13th Ave. 416 NE 13th Ave. c.1946 Masonry' Vernacular Architecture 34 240 NE 13th Ave. 243 NE 13th Ave. c.1943 Frame' Vernacular Architecture 35 123 NV,113th Ave. 12.3 NAl 13th Ave. c.1935 Frame' Vernacular Architecture 36 119 NW 13th Ave. 119 Pdth' 13th Ave. c.1945 Frame' Vernacular Architecture 37 125 NW 13th Ave. 125 Pdth' 13th Ave. c.1945 Frame' Vernacular Architecture 35 2.611 N. Lake Or. 2.611 N Lake Or. 1941 Frame "'Vernacular Architecture inclu- sion# al Register. As this survey is ongoing, properties will be found that will also meet the requirements for local and national designation. It should be noted that Table 2 includes three sites which are not yet fifty years old. They have been included due to their special architectural and historical significance a their uniqueness within the city. The Land Development Regulations state "Individual buildings shall normally be at least 50 years old thus allowing younger buildings to be designated if appropriate. I Page 1241 of 1471 HISTORIC PROPERTIES WITHIN THE CRA N` z p VE Z R DIN AL DR LA IDE HA AARKR E SOH u - 5W24THAVE`e ¢ E 24 H AVE URF - W 25TH V S�2 Rp zDTH L 2 z E 1 �IHAV ST 20 TH gVEN 411 IST. VE SE 27TH _ ALITTLE CLU 27TH OAK ST VE ]THAN HE 17TH AVE AKE STZ SW 27TH 1STH CT ? SCIR LE DR 27TH P I IST. CT 2,,1D AVE SW 28 HAVE SUN ET RD Mq RLIN DRDR DARK RIDGE BLVD N SE 31 ST AV DC ER RD O NE 15TH NE a° gon 3 3 3 � Y I gTH CT opz OU FS REI ORCHID ESTREAM DECAR IS ST INDIGO COL—EW DR LN Nw 25TH ST SHOREDR VP�O ARE NVI 13TH AVE NE 13 AVE NORTH RD OU HR NW 13TH IM RE 12TH TER F IDER RD z MIN z z 3 NW 5 E ONE6TE NE 6TH CT FSI H— H3 3 0E IT— (I RD NE ND AVE Nw,s A zp w,T EWlS ARE SE IS AVE 2ND VE xSTAVEE x 3 AVE S— AVE 3 y 3I SW ITI AVE D i SW 5TH CT ]THC 7TH AVE 9 v i °1. R 1. IVCRT AR L r Lei 1. 1 IT AVE ISLE D p VI oR o SW 14T AVE SE 14TH A �iN AVEN THE VD ,VE MAIN BLVD o SOUTH LVD9 9F / E,ST E2DTHC z p VE Z R DIN AL DR E SW 24TH EAVIEW AVE - 5W24THAVE`e 24T A E 24 H AVE URF - W 25TH V S�2 Rp s*ySE 25T AVE BE A,R DR 1 �IHAV F E `L 411 IST. VE SE 27TH _ ALITTLE CLU 27TH IE v VE = SW 27 H WAV y sE U v SW 27TH SW 2 IH TER ? 27TH PL W 27TH P I IST. CT 2,,1D AVE SW 28 HAVE SUN ET RD 2 OLD SCHOOL RD - N SE 31 ST AV DC ER RD O a° gon � Y I gTH CT A OU FS REI ORCHID ESTREAM DECAR IS ST INDIGO COL—EW DR LN Nw 25TH ST PT 6 N 0 2505DO I OW 1.SD0 2. DD0 ® F,,t Figure 18 Page 1242 of 1471 INVIENTORHES: PARKS AND RIECRE.ATION Community Parks Community parks are the largest active parks in the City and serve the largest population base. Com- munity parks are the most comprehensive in terms of recreation activities provided. These parks are the most expensive to build and maintain. The optimum service area of the community park is three miles. Although the optimal size of a community park in Boynton Beach is 15 acres, its actual size should be based on the land area needed to accommodate the desired uses and ease of access from throughout the service area. Urban/Open Civic Spaces Urban parks provide civic open space in the City for the enjoyment of all residents and visitors. Some will serve as elegant public spaces that are designed to complement the urban patterns of downtown Boynton Beach and will become urban oases amongst the bustle of downtown activity. The CRA includes four parks in this category: Veterans Memorial Park (previously Bicentennial Park), renamed after a memorial to the Veterans was installed there in 2008; Heritage Park, a popular gathering place in the Heart of Boynton with a monument dedicated to Boynton Beach African Americans; Kiwanis/Si- erra Club Park, a small grassy area located on Northeast 22nd Avenue; and Veterans Park, !p park located in the downtown core of the City. GTeen wayslBikeways Greenways serve several functions: • They tie park components together to for a cohesive park, recreation and open space system. • They emphasize harmony with the natural environment. • They allow for uninterrupted and safe pedestrian movement throughout the community. 6 Page 1246 of 1471 They provide residents with a resource-based outdoor recreation opportunity and experience. Since greenways are the preferred way to get people from their homes and int#p adjacency to develop- ment areas and parks is important. Bikeways are urban trails that are paved segments of roadways that serve to safely separate cyclists and pe- :�estrians from traffic. Bikeways are those trails through the City that connect significant pedestrian destinations g,uch as schools, parks, neighborhoods, libraries, shopping, etc. Palmetto Green Linear Park is located within the CRA on the south side of the SFYTITID C-1 6 Canal. The path- way turns into several overlooks that can serve as fishing piers; however, a great amount of trash and refuse has been tossed off the platforms making fishing difficult. Barton Greenway connects the west terminus of the Palmetto Green Linear Park Extension south through B ton Memorial Park to the north side of Galaxy Elementary School. I Special Use Parks Citywide, parks that have a unique use include Little League Park, Kids Kingdom and the cemeteries. CRA has three special use parks: Barton Memorial Park, Sara Sims Park and the Kids Kingdom Playground. Barton Memorial Park contains gravesites of early African American residents dating back to the early 1900's. It is currently closed for burials. Boynton Beach Memorial Park is the primary public cemetery in Boynton Beach; there are several hundred gravesites remaining (the property was replatted to identify over 300 more sites). Sara Sims Park and Cemetery is an older park, with a plan for a redesign and expansion. The adopted Master Plan calls for preservation and enhancement of the historic graveyard and for creation of areas for community and family events. The CRA purchased properties to implement the plan, and additional ones are targeted for acquisition. Kids Kingdom Playground is a Leath ers-desig n ed wooden and concrete play structure, an extremely popular destination for residents, schools, camps and visitors. The structure was built in 1996, involving a volunteer effort by residents. The CRA parks with access to the Atlantic Ocean or Intracoastal Waterway include Harvey E. Oyer Jr. Park (formerly Boat Club Park), Intracoastal Park, Jaycee Park and Mangrove Park. Harvey E. Oyer Jr. Park provides boat access to the Intracoastal Waterway and Atlantic Ocean. The fishing pier was replaced in 2004. The restrooms inside the community center were renovated, the playground equip- ment replaced, and the canal dredged in 2008. Intracoastal Park is the newest, and an extremely popular park in the system. A two story, 7,200 square foot building is available for rent for meetings, weddings, recreation programs and activities, etc. Jaycee Park's construction was completed in 2008. In addition to the facilities listed in Table 1, it has a walking path, open playfield, three pavilions, and two (2) bocce ball courts. Mangrove Park contains a 1/4 mile aluminum walkway through 10 acres of mangroves on the Intracoastal Waterway and includes educational kiosks and an observation deck. Trash accumulation in the mangroves has been a problem. 61 Page 1247 of 1471 Aside from parks that are spread throughout the City, all of the community/recreation centers are loc ed within the CRA. These include: I Art Center, built in 1992. Operates at capacity, offering classes in arts and crafts, teen and adult fine art, pottery, painting, afternoon recreation, summer camp, specialty camps, pre-school programs and classes. Harvey E. Oyer Jr. Park's Clubhouse, a 2,500 square foot building that offers painting and bridge programs. It is used by community groups and neighborhood associations for meetings and is also used as a rental facility. Carolyn Sims Center, a 14,000 square foot two-story building completed in 2008. Programming includes pre-school, afterschool, teen recreation, sports clinic, social ° Civic Center, opened since 1982. P[OgcaO101iDg opportunities include youth and adult dance, summer camps, pre-school programs, Jazzercise, language classes, piano and keyboard classes, bridge, music concerts and Outlook Club for the sight impaired. ° John H. Denson Pool, refurbished and improved in 2008. It includes atriple water slide, "tumble buckets" water play features, teaching area, deck chairs, large umbrellas and dressing rooms. Programs include junior lifeguard training, water fitness, adult svviOl ~�— classes and youth swimming lessons. ° Senior Center, purchased in 1998 and renovated thrice. Programming includes computer classes, card games, dances, live music, association and group meetings, health screenings, music lessons, lunch program, driving classes, group outings, safety courses and various special events. Local groups that provide a variety of services that include AARP, R.S.V.P, Delray Medical Center, Aker Kasten Community Outreach Program, Shopper Hopper transportation service, Mental Health Association of PBC and MaeVo|en. 62 Page 1248 of 1471 PARKS AND RECREATIONAL FACILITIES Sara Sims Park -[:'•rv., Wilson Park 7-7 Carolyn Sims Center -.-.1. _,�j((,? TABLE 18. Park and recreational facilities in CRA Parks District Type Size Desciil)tioi]L�'C.'oti(litioit B,arto,n Memonzi Heart of Special Use 8.28 The picnic equipment atthe park is in good Veteran,s Urban Open 0.59 The equipment at the park is in very good Oyer Park I Boaf Federal Hwy "NaterY Beach 8.79 Th e p ark h as L9, p i en i c area, an d a, p I ay,g ro u n d. Club, PaTk Access acres The equipment is in good condition. playground. The equipment is in good Boy nto n 3.9,5 co n d iti on. but u s e of th e p ark h as d ecreas ed GaIaLW Park Beach Blvdj' Neighborhood reconstruction ofthe school and the lights on Heart of Urban Open 0.29 The equipment at the park is in good Herfta,ge Park Boy nto n Space acres condition. This is a, passiv e park. playground. AVetera,ns Memorial is located fntra�oozstai Federal Hwy 'AlaterY Beach 9.43 i s an access fo r n o n- m oto rized v ess el Park Access acres la,u,nching,Alj'3-mile concrete path winds The equipment is in good condition and is Jaycee Park Federal Hwy Access playground. lt,�Avery popularand heavily acres used. The equipment is in good concldo�. ,yg: und acres in poor condition. The equipment at the park is in good condition. It is a, passive park. but the "NaterY Beach 10.72 very popular. Palmetto Park Boy nto n acres The equipment is in poor condition. court, a, multipurposefield and a, playground. Pence Park Downtown Neighborhood 2.84 The equipment is in good condition, butthe acres 64, Page 1250 of 1471 Page 1251 of 1471 The park is adjacent to Sara. Sims rhernoria.1 Cemetery. It has 2 picnic area s a,n d a, Heart of 6.95 bask etba,l I court. The eq uipin ent is in poor Saxm SiMs P�rk Boynton Specia] Use acres conditionfroingenera.lwea.ra,ndtea.r. The park is used freq uently by the neighboring communities. Dew,ey Park Downtown Urban Open 2.86 This is a, passive park. with a, picnic area -The (Veteran's Park) Space acres equipment is in good condition. The park, has two basketball courts. a, in u Iti p urp o s e fi el d a,n d a, p I a.y g ro u;n d. Itis Hea.rt of 5.44 h eav i ly us ed and the s o d s uffers a. lot of wear WR%on Pork Boynton Community acres , a,n d tear. The out o o r fu;rn iture n eed s to be p L9.i nted or rep I Laced. PI ay ground equ;ipinent in good condition. Kwann is Sierra Federal H,% -q, Urba.n Open 0.19 The equipment at the park is in good Space acres condition. This is a, passive park. Building has been I ea s ed to the Stag e Left Recreation Theater Co in p a,ny, and converted into a. Madsen Center Cultu;ra.1 Facility 279SS sf communitytheater. The companyallows local s h uffle boarders to use the o uts i d e courts as a, courtesy. Roynto,n Beach Recreation Au:d ito ri urn with stage. classroom. 7dance Clvlz Center Cultu;ra.1 F aci I ity- 9,771 sf studio, kitchen, lobby, four offices, storage closet, copier room Activitv)ILu;nch room, LobbyjGoffee room. Co in p uter ro o in , Ntu Iti- p u;rp o s e ro o in , Stege Center niorFacility Downtown Recreati o n 978,91 sf roorn. Fitness room, Classroom 107, Co nferen ce ro o in 108. Arts & Crafts room. G arae room. kitchen. Office A, Offi ce 13, 1 - Office C Recreation Three classrooms, pottery room, kiln room, Art Center Cultu,ra.1 Fa.cility, -6,642 sf too sink rooms, six offices, closets. lobby, restroorns Rioat Club, Recreati o n Mu Iti- p u,rp o s e room, kitchen. sto ra,g e, Ru i4d iing Federal H%vy, Facility 2.084 sf restro o in s, co a.st g u a.rd I Denson Roll Heart of Recreation 2.90-9 sf Office; locker ro o rns;restro o ins. main pool Boynton F aci I ity- 75'x3,&', kiddiepool,31,xK 'Y' Canotyn Slims Heart of Recreation 13,816 Multipurpose room ( ' toio-s i d ed ), g arn e. ro o in. Center Boynton Fa.cility, sf two classrooms: three offices Intrazozsted Recreati o n Tvio offices. event ro o in t%vo cl a s s ro o in s. two Park CEubhouse Federal Hwy Facility 7730,3 sf , kitchens, restro o in s, storage Page 1251 of 1471 INVIENTORHES: PUBIN....11C ART The Arts Commission, appointed in April 2004, researched, created and developed the Art in Public Places program. The Public Art Ordinance was adopted by the City Commission in October 2005. The Arts Commission continues to serve the City by updating the Art in Public Places Strategic Master Plan, recommending guidelines and funding for implementation and championing the current program. Art in Public Places Program Art in Public Places' mission is to integrate the arts into the greater community. The program's purpose is to stimulate cultural interaction, education and economic development by selecting, siting, install- ing and maintaining public art. Its vision is to connect the cultural environment in Boynton Beach with the global community. The program is funded through the City's Public Art ordinance that collects one percent of construction value of development and redevelopment projects. As development occurs, public art is integrated into the architecture, infrastructure, landscape and greenways throughout Boyn- qW on Beach. To date, 49 public art projects have been sited in Boynton Beach. (See Figure 20 for all small. ocations bibublic art throughout the CRA.) International Kinetic Art Exhibit & Symposium Kinetic art is art that moves physically or optically. Held in 2013 and again in 2015, the biennial Inter- national Kinetic Art Exhibit and Symposium was created by the Boynton Beach Arts Commission and produced by the City of Boynton Beach through its Art in Public Places program. Its vision is to connecl the global community to one -of -a kind kinetic art experiences. The free -to -the -public event features both indoor and outdoor kinetic art, educational presentations, (Science -Technology -Engineering -Art and Math (S.T.E.A.M)-based learning displays and the opportunity to meet world-renowned kinetic artists. The event positively impacts Boynton Beach's economic development, branding it as a cultural destination. Boynton Beach Art District (BBAD) The alternative contemporary art scene known as Boynton Beach Arts District has grown along Indus- trial Avenue in the industrial enclave west of Interstate 1-95, off Boynton Beach Boulevard. Created by artists attracted to the area due to the City's Art in Public Places program, BBAD hosts visitors, artists and tour groups from inside and outside the Boynton Beach Community. The industrial warehouse area, once an unsafe dump site, was transformed into a thriving arts community to promote cultural ex- change. Monthly Art walks, voted #1 in Palm Beach County, ever changing murals and interaction with artists create an environment where art comes alive. 6 (5 - Page 1252 of 1471 PUBLIC ART LOCATIONS WITHIN THE CRA 67 Page 1253 of 1471 r � I■IS— • i =111 g 1R I 18 18 I$ 1111■ 111111111111111 ,- ■I■1111111■I■ �„ ■I■1111111■I � zy.� . ` � 4N ' +t' .. a - IIN IN■ iuxxlx IHim— ININIINNIIIIINIH 1■■w = �� 111111 uxnnui 1M� I'xi �iiouumni1u1i1o1nm1 ■ , 18 Ixxl NININI NIH ININI H n 1::w • CNININI NINIHNN.�Nuulm@mnm xiui iuw.1lii 111111 NINIIINIIN IIIII■111111 x11►, ■n uuxoximmminmi 11x1x1■rJ� ■I 1R ■11■1 ■IMIN ■1■■ NINI 111 I ■11■1 111 11■ IxIxIxINIHll111 -_ nn x N■NN . _ 1■lnxn■ — i@ IN111N■ s nln n■11 In■11■ S. f 1 NINNNIII Imin117 H111NN --- �� _ •-- I • 1 ICCCI: S s NN■1 - ■ N�-- I� ..1111-= _�i■J-SII. �'. r I ! m (00 ��T�� J.IININIII' ■ N IIS t1■ ■■■ 1 n 1 1■ n 111111■ I■■ ■■■I �x 18'�� 1 ■IINI■ 1 ■I■1 ■11111 � , Nx. ■ "' � �� „� ' '." x � x 1: NN11 xs xs xon•c's N■ ■ 11 III■pl ! I �'�llx 111 _ � rw ,1l � 1Nx � es x� ua xu x x x u■Legend - na ■n -M , ■ , Art inPublic MH m Art on Ave. of Art t Art Eco Walk WRq t u of, N T CRA Boundary ffi4 1: Parcel 2014selection a� fie.....k Figure, 67 Page 1253 of 1471 M��M��~ �� ,, ~ , ~�, ~ , ~~, ,,~�~.. ~~ , , ,~. ~_ , ~., ,.�~~ The following is a comprehensive look at the built form throughout the Boynton Beach CRA. A survey was conducted of a general sample of a variety of buildings and land uses within the CRA. The section begins with a graphic analysis that links the footprints of the selected structures with a street view pho- tograph. Information about each structure including the year built, type of construction, architecture, and square footage follows the images and is referenced by the corresponding map reference number assigned to that structure. This study will act as the basis for design, architectural, and site planning recommendations made in the subsequent redevelopment plan. fedgraiHighway District 1. Truck Rental This commercial lot was built in 1955. The building has a red brick fagade and areas of stucco that are painted orange. There is a pitched green roof and red brick columns. It is set back from the street but still visible from the right-of-way. There is on street parking and public lighting. 2. Mixed Use This commercial building was built in 1948. It is a concrete block painted yellow with wooden trims that are painted white. The structure has white awnings onthe original windows and a barrel tile roof. There is a patio located at the front of the structure containing white wooden fencing and simple wooden col- umns. The building has shallow setback on a corner lot with driveway and parking access in the front and sides of the structure. 3. Office This office was built in 2011. It is a one (1) story structure made of concrete block and painted off-white with white trims. On the front fagade there are white and blue striped awnings with lighting installed above. The windows are rectangular and darkly tinted. There is a crown molding along the flat roof. The building has a shallow set back from the street allowing for landscaping along the public sidewalks. Two driveways provide access to parking on the sides and rear of the structure. 4. Storage This parcel was developed in 1957, including two above ground storage tanks for storage and distri- bution of petroleum gas. This use is currently nonconforming in this location. There are currently tw# (2) concrete structures on the property. The property has chain link fencing along the perimeter with barbed wire. There is minimal landscaping and/or buffering from the right-of-way. 5. Retail This cornrnenja| lot was developed in 1960. This building is concrete block construction with stucco painted yellow. The existing mansard roof ieblack with aslight overhang. The original windows are long vertical with cast iron rode. The building is slightly set back from the street with landscaping along the right-of+way 6. Retail This commercial lot was built in 1938. It is made of concrete block with stucco painted a light green and a pitched roof. A portion of the fagade still has wooden siding. The second story has a decorative light house feature. Some of the windows have wooden shutters while others have awnings above the win- dow line. The structure has mechanical equipment on the roof and at the rear which is all visible and N Page 1254 of 1471 Built Conditions Inventory: Federal Highway (North) 1. Truck Rental. 1955 Mixarl Ilca 19aR Ir.r - - --. S Rat;A Ctnra i cirn F Ratail 19RR Sm R Ratail 1984 NTS m 69 L Page 1255 of 1471 This commercial lot was developed in 1957. It is a one story, concrete block structure with stucco painted orange with white trims. The roof is flat and has a roof sign that protrudes above the roof line. The lot's primary use is for the storage and sale of vehicles. A chain link fence runs along the perimeter of the storage area and the vehicles are stored along the street frontage with no buffering of screening 8. Retail- Fishing Tackle This commercial building was built in 1984. The elevation facing Federal Highway has a brick fagade, pedestrian doors and an overhead door. The structure has a mansard roof which overhangs the struc- ture and screens the roof top mechanical equipment. The structure has original windows. It is set back from the street. The pedestrian portions of the building are shaded by a green awning that stretches from the flat roof. There is public lighting coming from the building. There is a bike lane and street park- ing. This use is currently nonconforming in this location. S. Multi -Family Residential This Mixed-use /conlrnenja| and residential) parcel was built in 2009. It has a concrete block structure that is painted red, orange and brown. The roof ietilted with red tile. There are balconies with columns and arches. The pedestrian path is shaded. 10. Big box retail This commercial structure was built in 2011. It has a concrete block frame painted brown and orange. There are dark brown awnings over the openings and white grates on the windows. ffl Page 1256 of 1471 Built Conditions Inventory: Federal Highway (South) N NTS I I I I I I I I I I I I I I I l RNA Page 1257 of 1471 Downtown 11. Restaurant This professional services parcel was built in 1955. It is used as a commercial unit. It has a wooden structure with a gazebo and food truck parked on the site. There is a large wooden gate. The gate's frame is metal and painted black. There is no sidewalk at this location and there is on-site parking. This apartment complex was built in 2010. It has a brick frame structure that is painted beige and light brown. The glass doors and windows have grates that are painted white. The driveway is made of cob- blestone and has vegetation. 13. Single Family Residence This single family home was built in 1979. It has a cement block frame with stucco painted white and beige. The roof is pitched and has brown tiles. There are window shutters that are painted beige. 14. Single Family Residence This single family home was built in 1952. It has a cement block frame with stucco painted orange. There are brick columns painted white. The original windows are still present and have white grates. The roof is pitched with gray tile. The walls are partially covered by rust and dirt. Some openings are blocked off bywooden boards. 15. Mixed Use This multi -farni|y housing structure was built in 2006. It has a brick frame with stucco painted pastel or- ange. The structure faces a boat dock on the north side. The roof is tilted and painted light green. The . . .. ... .......... ... . . window grates and handrails are painted white. The sidewalks on the property are paved with red brick. This restaurant was built in 1948 on a boat dock overlooking the intnscoaetai It has a cement block frame with painted stucco. no M 101,111; N011,14114 NOW 18. Senior Center This community center was built in 1947. It has a cement block structure with stucco painted pink. The roof ispitched with red tiles and white finishing atthe base. The windows are shaded hvblue-green awnings. M Page 1258 of 1471 Built Conditions Inventory: Downtown 15. Multifamily, 2006 12. Multifamily, 2010 17 Mntal 1 qSa 18. Senior Center, 1947 N NTS 73 Page 1259 of 1471 19. Aistoric Aigh School The school was built in 1928. The frame is composed of concrete and clay tile blocks. It has a hist ic designation and is vacant. The exterior has stucco painted beige with dark pink outlines. There alir arched windows with detailed columns painted red. 20. Children's Schoolhouse The school was built in 1920. The structure's frame is cement block and brick painted white. The roof i pitched with light gray tiles. There is a large arch on the entrance to the building over the main staircas I There is a brick gazebo painted white. A short bell tower painted white and pink with pointed roof paint blue faces the eastern portion of the building. The driveway is paved with brick. There is a water founta next to the driveway. I 21. Municipal Library The municipal structure was orginaly built in 1962 and underwent a major renovation and expantion in 2009 ' The entrance features a curved series of walls arranged. The frame is made of cement block an4. Pis painted yellow. The windows have a wide frame made of cement and painted red. There is a short gazebo on top of the building adding connectivity to the school house nearby. The gazebo has dark win dows with a low pointed roof and grey tile. 11 22. Single Family Residence 1� This single family home was built in 1959. It has concrete block frame with stucco painted light beige - I brown. Some of the openings have a dark brown trim. The porch roof is supported by two poles painted 1 dark brown. The structure has a flat roof with a frame painted dark brown. There is a white brick struc- ture extending out from the center portion of the west fagade wall. There a dark brown awning above the mechanical equipment on the fagade. 23. Civic Center The municipal structure was built in 1962 on the same parcel as the library. It has a brick frame structu with stucco painted white. Structural red brick is exposed around the main entry point. The roof is flat. The entryway includes a roof that is supported by a detailed cement wall that is painted white. There is black signage on the upper portion of the entryway and public art by the sidewalk. I 24. ITIulti-Family Residential - These Multi Family condos were built in 1972. It is a two (2) story "U" shaped building with a ce- ment block frame. The frame has stucco over it which is painted white and beige. The roof is flat. There are screened patios extending out from the sides and rear of the building. The residential circulation corridors are on the outside. The staircases and two floors have detailed cement railings painted white. Columns made of naturally cut rock protrude from the exterior walls facing Ocean Ave. - This multi -family housing building was built in 1973. It has a cement block frame with stucco painted light beige. It is two story building with a flat roof. There is an exterior corridor for resident circu- lation on the building's east side, facing Ocean Ave. The corridor is covered by an extension of the roof. There are detailed cement railings painted white. Page 1260 of 1471 Built Conditions Inventory: Cultural 19. Historic High School, 1928 23. Civic Center, 1962 20. Childrens School House, 1920 24. Multi Family Housing, 1973 El 21. Municipal Library, 1962 25. Retial & Restaurant, 1953 NTS 22. Single Family Residence, 1959 Page 1261 of 1471 Industriai Craft District 26. Auto Service This warehouse was built in 1972. Its frame is made of metal vvaU panels painted light grey, and the building appears to be prefabricated. The building is used for auto services. 27. Storage This warehouse was built in 1980. It has as CMU frame painted light grey. The building appear to con- sist of storage units. 28. Warehouse and Tractor Storage This warehouse was built in 1972. It has a CMU frame painted beige. It is partially used for auto servic- ing. There are many tractors stored in the parking lot and on the opposite side next to the right of way. 29. Auto Service Center This building was constructed in 1974. |thas a CMU frame painted light green. The garage doors are located on the southern fagade. White awnings extend out from the garage doors. 30. Truck Parking /Storage This light industrial lot has no buildings and has vehicles stored on the property. 31. Industrial Art Warehouse This warehouse was built in 1977. It has a frame made of concrete masonry units. The walls are cov ered with art that advertises the work oflocal artists. 76 Page 1262 of 1471 Built Conditions Inventory: Industrial Craft 26. Atuo Service, 1972 29. Green Auto Service Center, 1974 N NTS Page 1263 of 1471 Boynton Beach Bivd District 32. Strip Mail This commercial retail structure was built in 1962. It has a brick frame that is partially exposed, partially painted. The roof is flat and extends over awalkway facing the store entrances. The vertical portion Of the roof extension is painted pastel pink. 33. Place ofWorship This unit was originally built in 1947. It has brick frame painted white. The pitched roof iegreen and there ieapediment supported by4Doric columns atthe entrance. This commercial unit was built in 1971. It has an exposed red brick frame. The roof is flat with a green awning providing some shade at the building's entrance. 35. Single Family Residence This two-story residential unit was built in 1932 and fronts on Ocean Avenue. The structure is wooden frame construction with stucco and a flat roof. The property islined with afour foot fence that has con- crete columns and cast iron rode. This corner lot has its driveway on NVV3rd Street. ~~-- 36. Single Family Residence This single family unit was built in 1953. It has a concrete block structure with stucco painted light green. The structure has a pitched roof with light brown shingles. The windows and door have white trims and the decorative shutters are grey. This property does not have adriveway ofagarage facing Ocean Avenue; instead, the corner lot has a driveway coming from the corss street of NW 3rd Street. 37. Post Office The post office was originally built as a commercial unit in 1963 and is located ata prominent intersec- tion ofthe boulevard. It has an exposed brick frame on one section, with glass windows wrapping the rest Ofthe north and east facades. The roof is flat with exposed mechanical equipment. The roof and window grates are painted beige and pastel yellow. 38. Munidpa|-ChvHaU This structure was originally built in1S58and had amajor nanovatonandexpaneioncornp|etedin 1989. It has concrete block frame with stucco painted pastel green and beige. There are arches ex- tending from the fagadewalls. Page 1264 of 1471 Built Conditions Inventory: Boynton Beach Blvd. 34. Convenience Store,1971 35. Single Family Residence, 1932 36. Single Family Residence, 1957 NTS Page 1265 of 1471 Heart of Boynton District 39. Single Family Residenco This residential unit was built in 1956. It has concrete block frame with stucco painted beige. The win- dows have brown grates. The roof is pitched with brown tiles. There are detailed columns supporting a patio by the front door. 40. Single Family Residence This single family unit was built in 1975. It has a concrete block frame and stucco painted dark yellow. The pitched roof has red tiles. The grates in the windows and on the roof are painted white. The proper- ty is set back from the street and adjacent properties. 41. Convenience Store This commercial unit was built in1SO4. |thas abrick frame which has been painted red. |tiea1 story structure with a flat roof outlined in white paint. 42. Multi -Family Residential The year that this unit was built is presently unknown. It is two stories with a concrete block frame. There is stucco on the exterior that is painted white. The doors are a salmon color and the rails to tho second floor are metal and painted black. 43. Single Family Residence This single family home was originally built in 1931. This mission style home has had two additions to the original house footprint. In44. Single Family Residence This single family home was built in 1946 and is a typical example of the existing frame vernacular ar- chitecture that is in the area. This house is wood frame with wood siding on all sides of the structures. The front fagade has a prominent stone chimney that extends past the pitched roof. III Page 1266 of 1471 Oo, Page 1268 of 1471 After reviewing the built forms of the seven geograph- ic areas, some general conclusions can be derived: Federal Highway District Federal Highway is four to five lanes with overhead wires and vehicular lighting on both sides of the street. Large medians are landscaped with predom inantly palm trees through the center which provide little shade. The sidewalks lack shade trees and pedestrian lighting. Most of the highway is lined wit commercial properties and has multifamily propertie behind. Condominiums, apartments, and townhom� are all present throughout the corridor. The commer. cial properties are largely strip mall design or big bol r W between the road and the business. The multifamil� developments, with the exception of the two newest redevelopments, Seaborne Cove and Las Ventanas either turn their back to the highway or are walled of from Federal Highway. The Downtown District is comprised primarily of con- dominiums and commercial property. This district has been a recent focus of redevelopment efforts. Two examples of these efforts are the Marina Village and Casa Costa development; both condominiums have the first floor retail areas, several of which are vacant. The structures within the district vary from one to four- teen stories in height. Many of the existing structures are setback from the street and are accessed direct- ly from Federal Highway. Parking is either in front or on the sides of the buildings. A select few of the buildings were built directly against the sidewalk. In order to create an urban setting the sidewalks should increase to a minimum of ten feet wide to be able to accommodate outdoor activities, such as seating and display areas. Federal highway has consistent vehic- ular light, but lacks pedestrian lighting. Street trees are not present to create shade along the sidewalks. Medians are landscaped, but do not seem to be well Cultural District The Cultural District is largely made up of institutional uses on the western side of the district and residential uses on the east. Ocean Avenue runs east to west through the district; it has sidewalks and lighting on both side of the road. Many of the parcels are vacant, abandoned or underutilized. This area lacks co nuity; the buildings are placed in different locations on each lot and much of the land is being used for 83 zms�#� Industrial District This district is the only area that is completely in- dustrial. The area is concentrated with automobi services, storage warehouses and art studios. TJ parcels are generally smaller than the typical industri- al parcels. That is one of the factors that is dictating the types of industrial uses which are present. Access to district is serviced by one secondary road which connects to Boynton Beach Boulevard. Most lots contain onsite parking; however, vehicles are parked and stored within the right-of-way. Along with storage of vehicles much of the right-of-way is cluttered with debris. Most of the existing structures were con- structed within the 1970s. Generally, the structures in the district were built in the center of the parcels with pavement and other site amenities around the build- ings. This area does not contain connected sidewalk and has minimal pedestrian and/or vehicular lighting. 777470-10=1 Boynton Beach Boulevard is currently a four to five lane arterial road. The vast majority of the structure built along the boulevard were built in the center of the parcels which allows surface parking areas to b placed in front of the structures. This configuration i acting as a barrier between the street and the existi uses. Landscaping, pedestrian lighting, active uses, and consistent architectural styles are currently not present. I Heart of Boynton District The Heart of Boynton District consists prominently of single family residences. Many of these homes are historically significant. There are both Wood Frame Vernacular and Mission styles are present throughout. The district is bisected by a Seacrest Boulevard, a four lane road, which has limited crosswalks, mum �eiedestrian li�ghtin�*� and a s�eieed limit of forto-five (45) miles per hour. The single family homes are set up in a traditional manner. The homes are set back approximately twenty feet from the right-of-way and have driveways and yards in front of the structure. Most of the interior streets do not have sidewalks, lighting, or street trees. There are several churches and day care facilities located within the residential neighborhoods. Also, at the eastern boundary of the district, along the railroad track there is a small indus- trial area that has predominantly automotive service Uses .9*4.n.9v.qreioi_ Page 1269 of 1471 Page 1270 of 1471 rowdr,,--i-astructure Conditions rig 111111,111111 Alleys '4-'.treet Lighting Page 1271 of 1471 While the City provides municipal services to its citizens within the City limits, Boynton Beach Utilities also provides water, wastewater, and reclaimed water services outside the City limits. The utility system includes two (2) wellfields, two (2) water treatment plants, two (2) aquifer storage and recovery (ASR) wells, a wastewat collection and transmission system with approx mateL3[_t1,,V lift stations and the associated w distribution system, wa stewater gravity and for main piping, reclaimed water distribution syste and stormwater swales, exfiltration trenches, piping, catch basins, ponds, and outfalls. The South Central Regional Wastewater Treatment Plant is co -owned by Boynton Beach and Delra Beach, and the plant is governed by a board th is comprised of the Mayors and Commissioner from each city. Boynton Beach 1tilities has identified several current or future capital improvement projects within the six (6) CRA districts. Vil" ter,Vil" stewater and Stormwater Improvements Water main and stormwater improvements are currently being constructed as part of the Central Seacrest Corridor Neighborhood Improv - w . project located south of Boynton Beach Boulevard and west of Seacrest Boulevard (see Figure 22). This project is replacing existing substandard with new 6 -inch and 8 -inch water mains within the roadway rights-of-way. This will result in improvei. water pressure, water quality, and fire protection for the neighborhood. The stormwater proj- . - olves removing unpermitted parking improve- ments within the rights-of-way and installing swales, exfiltration trench, and catch basins. New curb and gutter is being installed along Ocean Avenue to replace the existing curb and gutter, and all roadways within the project area will be resurfaced. This will result in improved drainage within the neighborhood and reduced flooding. two recently approved developments: 500 Ocean and Casa del Mar (see Figure 22). The 500 Ocean site is located on Ocean Avenue between Federal Highway and SE 4th Street. The project includes new water mains to serve the project and future redevelopment to the north. The Casa del Mar site, located east of Federal Highway and north of Dimick Road, includes new water mains on site and the replacement of an existing substandard 4 -inch water main on Dimick Road with a new water main that will loop to an existing water main on Federal Highway. This will result in improved water pressure, water quality, and fire protection in the area. In terms of wastewa- ter improvements, work in connection with 500 to serve the project and connect to adjacent piping. The Casa del Mar includes new gravity sewer mains on site and connection to an existing _e_QrLye_ Finally, both 500 Ocean and Casa del Mar are incorporating stormwater improvements. The 500 Ocean's will include re-routing of a large stormwa- ter line that currently bisects the project site and connection to an existing pipe on the west side of Federal Highway that leads to the downtown stormwater pond. The Casa del Mar project 0 111PAINUMMAXPIr. UM= TY'astewater improvements are currently being constructed as part of the Pence Park Lift Station project located west of SE 4th Street and north of SE 6th Avenue (see Figure 22). This new sub -master lift station will receive a large portion of the wastewater flow from south of the station and east of 195 and pump into the new regional force main in the eastern part of the City to the South Central Regional Wastewater Treatment Plant. Upon completion, the Pence Park Lift Station will divert a significant amount of flow from Lift Station No. 356 located east of Federal Highway on the Boynton Beach Boulevard extension. This will relieve capacity at LS 356 and make provision to handle future developments in the downtown area such as 500 Ocean. Improvements may be required for the Heart of Boynton's Ocean Breeze East site located on Seacrest Boulevard, south of NE 7th Ave, depending on the type of development. Utilities will coordinate with the CRA and the future Page 1272 of 1471 developer of the site regarding the existing water and sanitary sewer mains as well as stormwater infra- structure. Identified SUbstandard Areas Utilities staff has identified additional areas with substandard water mains, water mains 4 -inches in size or smaller, and/or inadequate fire protection. Three projects have been identified within the Federal Highway district: Potter Road & North Lake Drive, Lakeside Harbor, and North & South Roads (see Figures 21 and 22). Additional water main improve- ments are planned for NW 11 th Avenue, and Central Seacrest Corridor Phase III (see Figure 22). Improve- ments may be necessary in the Heart of Boynton and Ocean Breeze East depending on the type of devel- opments undertaken. 11tilities has also identified areas where there is substandard drainage and flooding associated with certain rain events. Two projects have been identified within the Federal Highway district: North & South Roads and Potter Road & North Lake Drive (see Figure 21 and 22). The Utilities will be commission- ing a study to review potential stormwater improve- 62.LM 0�?.&Pnm Boulevard and Central Seacrest Corridor Phase III (see Figure 22). Reclaimed Water Boynton Beach Utilities is planning an extension of the existing reclaimed water main infrastructure at SW 23rd Avenue (Golf Road) and Seacrest Boulevard. Reclaimed water main piping will be constructed along SW 23rd Avenue east to connect to large gation users along Federal Highway (see Figure 23). The extension will continue south to Jaycee Park and will include a subaqueous crossing of the Intracoastal Waterway to serve the St. Andrews Club and Little Club golf courses for irrigation. Page 1273 of 1471 UTILITY IMPROVEMENTS IN NORTHERN SECTION Page 1274 of 1471 UTILITY IMPROVEMENTS IN DOWNTOWN SECTION 89 4th Ave Legend CRA Boundary N 0 l00 200 400 600 800 Fcet Page 1275 of 1471 9 Page 1276 of 1471 UTILITY IMPROVEMENTS IN SOUTHERN SECTION Page 1277 of 1471 Roads Based on the Functional Classification of roads, the CRA area includes one Principal Arterial Urb (Interstate 95), three roadways classified Urban MinorArterial (Federal Highway, Boynton Beach Boulevard and Woolbright Road), and six Urban Minor Collectors—Seacrest Boulevard, Gate- way Boulevard, Martin Luther King Jr. Boulevard, Ocean Avenue, SE 23rd Avenue and Gulfstream Boulevard (depending on the roadway, the classi fication may or may not apply to its entire length within the CRA boundary: see Figure 24). All re- maining streets are classified "Local Urban." I The roadway is assigned a class through the Fed- eral Functional Classification process, according to the character of service it provides in the year of analysis. The process takes into account the Transportation Improvement Program (STIP). The vement Condition ements within the study area are in generally d to very good condition. Arterial Highways are maintained by both the State of Florida and -n Beach County with the use of asphalt over - City streets, typically 22 feet in width within 1, feet wide right of way, have been adequately ntained as well over the last ten years and are p also in good condition. In addition, the City embarked on aaaressive utility restoration projects; these projects, supporting the "complete street" design in portions of the study area, result- ed in recent street resurfacing. Other pavements have been maintained with Micro -Surfacing, an effective preventive maintenance technique that seals and waterproofs the surface while correcting minor defects, filling non -working ruts and improv- ing skid resistance and appearance. The City has an annual planned expenditure of $500,000 beginning October 1, 2015, to continue pavement surface maintenance and the Utility Department 92 continues its "complete streets" eiTorts in portions of the study area. The City evaluates pavement markings annually and updates these items as nec- essary. Thermoplastic markings, highly reflective stripings with long-term performance, were recently placed on Gateway Boulevard, Martin Luther King Jr. Boulevard, and Ocean Avenue. Alleys There are a wide variety of alleys located through- out the CRA as noted on the Figure 25. They are concentrated in the downtown, in the area extend- ing from SE 2 Avenue to the Boynton Canal. Alleys may be improved thus providing vehicle access to properties. However, the vast majority of alleys are unimproved and not utilized for access to property and instead may serve utility functions (i.e. Florida Power and Light, City water, etc.). Lastly, a number of alleys may simply be platted land that is neither used for access nor provision of utilities. Each al- ley is truly unique in purpose, function and physical dimension. Many alleys have been abandoned in the past and the City is generally supportive of such abandon- ments, a practice based solely on the objective to reduce maintenance cost. Street 1._jghting Street illumination in the study area is good and PAS_ _"' _P_ri2LW0L"_Y_qJ2YP_ a uniform lighting pattern; lighting is also uniform throughout the Central Business District. Light- ing in residential areas is more sporadic, with no uniformity. However, street lights are placed at nearly all street intersections and other locations mid -block lighting. The City receives street light requests periodically in the study area and has placed new lighting where enhanced lighting is warranted. Median Median landscaping has recently been improved or N s in the Qrocess of beinQ,,_u,%rades. At this time en- hancement of the sidewalk areas are not included in the improvements. There have been numerous accidents that have caused damage to trees and shrubs. These are being replaced. As of this year all medians will be mulched. Medians with irrigation Page 1278 of 1471 Sidewalks As shown in Figure 26, the existing sidewalk network has many significant gaps in connectivity throughout the CRA, including downtown and adjacent neigh- borhoods. Since the year 2000, the City made some progress reducing these gaps. As a result of the sidewalk construction program implemented in the past 15 years, focused on making walking safer for grade school students, the current sidewalk network in residential areas close to schools requires minimal walking upon paved street surfaces, substantial- ly reducing students' exposure to vehicular traffic. Sidewalk construction in locations that experience the highest pedestrian volume along arterial routes and/ or those near pedestrian generators such as parks and commercial areas is nearly 100% complete. The sidewalk condition is adequate as well; the City has capital funds available for annual sidewalk repairs as needed based upon priority. Furthermore, improve- ments planned as a part of the All Aboard Florida rail project will bring forth sidewalk/pedestrian enhance- ments at the FEC grade crossings located at Gateway Boulevard, NE 15th Avenue, Martin Luther King Jr. Boulevard, SE 5th Avenue and SE 12th Avenue. Transit a 1 1.11 #- - - INNI i4`111111 M-' - I 1 0 RIMMILS"s 11IRMIMIMISINONM 93 Page 1279 of 1471 THOROUGHFARE SYSTEM FUNCTIONAL CLASSIFICATION OF ROADS U N ick NW 2 _ M Otter � m Ga ewa Gatew Lak fide Har i ' u Y Blv �111) O' v N 99t Ave D�',,",,""Oak St NE v i,t3�L N rt E1t h A ea v it Park Ridge Blvd h ve 1� n lriX £j' In �..i® N N W 1 th ve s 3 -- - Martin. ++ NE 9th v Z NW th v Q W 9th v G w t s O Z m W th ve NE 6 h Ave. m �t W 5th v W 4 h ve Lr E14th Ave - O c o� NW 3rd v N 3 4��(e 'A B B ac Blv E Boynt B a B4 s s yiT 2 t„ Z u NW 1st ve NE 1s Av pC sa L vd W Oea Av O an1,,Av �AAQ o Z O +' 'o SW st e �� E 1 t o m e. N _ 2nd ve S. N SW nd ve n V�-SW rdA e _ r v.. i3: -i SW 4t Ave �--� m SE St A N c 4 th o -s (n t t t Grp SW th A e o .+ w " m 2t�_� T in in SW1 thA e N - -# L N SW 14th ve {- o Ibng t Rd oolbnht Io Main Blvd 6�� 18th AV) p�- 1 l South Blvd �1�gUUr i , E 21 22 Ave 2 SE 2 r rd ai� ®ms;e �0� $ 4t vE 2 h S4 .Av c h m O k; 25t P N E25t Ave Ti 0 ®v U SE 26th Ave _µY E 27th PI m +' (0) SE �Is sE st v --Su set Rd E t Ch P i ill BI d SE 31s ve F : ... id Hill R S�® 0 cA-a" Nm 6d F"N ammam 11 - Principal Arterial -Interstate URBAN Legend ammam 11 - Principal Arterial -Interstate URBAN z 16 -Minor Arterial URBAN 18 - Minor Collector (Fed Aid) URBAN 19 -Local URBAN CRA Boundary N 0 435 870 1,740 2,610 3,480 Feet Page 1280 of 1471 CONCENTRATION OF ALLEYS IN THE DOWNTOWN SECTION -------------- -1-1 _ i._..._._.: ............. _______ _��:�:I �_I=1=7:I:I=f:�:�:_ _ ti i --- - - -1j .1 T � w � h�� z:: 1 1 S 7 T 4 T : _� �tt o th R ',"1 _rT� m� �_---_ _ _ _1-� :: j 1� LI_J4U�1� ��1�1:�1�� J -NW 11th Ave_ U._1-�-�-�--�-1-- ��_��NL� lAi�.t_l_.�_ t �llFl•I _� _.L. .l. . Dr a. ._.. i.. r. l..d.._. _..._. ._.__.. ..__.. _. ._._ ..__..._._. _ ._.._._.._._. --.-.- IT _ I ._ 1 ' L :IL:[_:s ZI - - - - ------- _1.11.__.1N.. :_:_:_:_::.._._ .._. jj �� Bt�tAu� - -=A� .......... h� ahNE .-.-.-.-.-.t E .�g..... �e,.�=_� .......... ._._"_._."_._. } 4t1 Ave t i . �3e 1 =i_,_ �_lr ___�_�,z__�_�_i_ __�__ _ __._ .�.._._ � 1 D.......... S�_L. q .ve._.-iol SE 1s:A_I_.J._.1._�.__�� E�:�t(:�f�E,T� �f�3�T =� ................. ��_ L11 _�_. _1j-�i._.1_L.._ ..L._. _._. ..._..__... ...._...._. _.__. ._._._. .. _.._.IsillEdtl _ 1_�_:_:-____ _�_ d �_ _________ :: Legend _. - - - Alleys �___�»___ __ __� __ 4....r CRA Boundary ._. _.._.._._---------------- 4 Page 1281 of 1471 Community Redevelopment Agency Sidewalk Map 96 Page 1282 of 1471 1 tF F � �PF F 4 Legend CRA E?.— y Exr Sling Sio'ew31k No Sidewalk { as M z; 96 Page 1282 of 1471 TRANSIT: PALMTRAN BUS ROUTES 97 Page 1283 of 1471 Page 1284 of 1471 10.A. CITY MANAGER'S REPORT 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Review and provide comments on the draft Request for Qualifications (RFQ) for the Town Square Redevelopment Public -Private Partnership (P3) prior to publication. EXPLANATION OF REQUEST. Staff is looking for any comments from Commission on the attached scope that will be included in the RFQ. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Non -budgeted N/A at this time ALTERNATIVES: N/A at this time STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Draft RFQ - To Square Redevelopment REVIEWERS: Department Reviewer Action Date Utilities Groff, Colin Approved 9/16/2016 - 10:43 AM Utilities Groff, Colin Approved 9/16/2016 - 10:44 AM Assistant City Manager Pyle, Judith Approved 9/16/2016 - 10:56 AM Finance Howard, Tim Approved 9/16/2016 - 11:01 AM Page 1285 of 1471 Legal Swanson, Lynn Approved 9/16/2016 - 11:11 AM City Manager LaVerriere, Lori Approved 9/16/2016 - 2:08 PPA Page 1286 of 1471 REQUEST FOR QUALIFICATIONS FOR RFQ # X- REQUEST FOR QUALIFICATIONS 490 City of Boynton Beach Town Square Redevelopment DRAFT -15 September 2016 Page 1288 of 1471 The City of Boynton Beach is located in southeastern Palm Beach County and is a principal city of the Miami -Fort Lauderdale -West Palm Beach, Florida Metropolitan Statistical Area, which has an estimated population of about Six Million. The City's population in 2015 was an estimated 74,000 according to Census estimates. The City encompasses 16.25 square miles and is bisected by I-95. It is bordered to the north by Lantana and to the south by Delray Beach. The City has a Mayor - Commissioner form of government. The population of Boynton Beach grew by 20.5% between 1981 and 2015. The majority of the City's housing stock (40%) consists of 1 -unit detached homes. Sixty-four percent (64%) of occupied housing is owner occupied. In 2016, the Median Sales Price was $205,000, and the Median Rent per Month was $2,000, according to trulia.com. There is a lack of middle -density' housing available. Approximately 70% of the housing stock in Boynton Beach was built prior to 1990.2 The City encourages increased densities, particularly for the Town Square development site. The City Development Department has undertaken an extensive planning and re -zoning review, and will recommend to the City Commission planning and zoning code amendments to encourage development by allowing additional density. The City is seeking to work partner a private Proposer to redevelop approximately 16 acres in its core as a new, pedestrian friendly downtown with civic and cultural facilities and private mixed-use development. This RFQ outlines the City's objectives and a two part process for selecting the private Proposer with whom it will negotiate a public-private development contract. 1 Middle density refers to apartment units in four- to six -story buildings. 2 All information in this section comes from the research done for the City of Boynton Beach 2016-2021 Economic Development Strategic Plan, dated June 28, 2016; and from the DevelopmentAtlas of The City of Boynton Beach, dated 2013. 1 Page 1289 of 1471 A. Overview 1. Project Description The City of Boynton Beach is seeking a Development Partner to develop a new Town Square including mixed use private development and an arts and cultural district. In addition the Proposer will design, build and potentially operate a new City Hall, Police HQ, Civic Building and a downtown Fire Station #1 which meets the City's specifications. The City will make two properties available for the development of the municipal facilities and private development within the Town Square property. Other requirements of the development include: A pedestrian friendly downtown that encourages people to walk rather than ride between destinations, adaptive reuse of a historic High School building and retention of the Schoolhouse Children's Museum and Public Library. It is anticipated that the Development Partner and the City will enter into business agreements, with the Proposer leasing the municipal facilities to the City on a long term lease at a rent that takes into account the value of the land for mixed use development that will be conveyed to the Development Partner. The City and/or the City's Community Redevelopment Agency (CRA) may convey the land to the Proposer per Florida statute. The Town Square Property is bounded by East Boynton Beach Boulevard, North Seacrest Boulevard, SE 2nd Avenue, and SE 1St Street in Boynton Beach, Florida. The site is located approximately one half mile from the Intracoastal Waterway, and one mile from the beach. The Quantum Park site is located on High Ridge Road and Gateway Blvd adjacent to the I-95 interchange for Gateway Blvd. 2. Administration of this RFQ This RFQ will be administered in two phases, RFQ Part I and RFQ Part II. Part I is design to identify Proposers with the qualifications and experience to deliver projects of this scale. The top three ranked Proposers after Part I will be invited to respond in the Part II process. Upon review of Part II responses, the City will select a Proposer. 3. Submission Requirements: Project Team RFQ Part I submissions include but are not limited to details on the applicant such as previous project experience, personnel background, and team structure, as well as identification of the proposed team, and financial capacity. RFQ Part II submissions will include conceptual plans, schedules and financial structures. 4. Eligibility and Selection Criteria 2 Page 1290 of 1471 a. RFQ Part I - Proposers will be eligible if they can demonstrate comparable project experience and financial capacity. A selection committee will rank Proposers based on criteria as weighted in Section VI below. The evaluation criteria relate directly to the submission requirements. The City may request oral presentations as part of the Part I evaluation. b. RFQ Part II - The City anticipates a short list of up to three Proposers that will be asked to respond to the RFQ Part II. The selection committee will rank the shortlisted Proposers based on the criteria as weighted in Section VI below which include the Proposers conceptual development plan and conceptual financial package offered to the City. The City will require oral presentations and will complete the ranking after these presentations. B. Objectives: 1. The City of Boynton Beach, Florida seeks to engage a Development Partner to help it achieve the City's dual objectives: a. Create a vibrant, memorable and resilient downtown with mixed-use development, including residential and retail, as well as civic functions, to create a Town square. This Town square would also establish an Arts and Civic District that anchors Main Street (Ocean Avenue) and integrates it into Boynton Beach Boulevard. This District will define the City's downtown corridor, and will have a definitive impact in the long-term economic resilience of the City. b. Upgrade civic infrastructure, within an area over 16 acres in size, that is either obsolete or planned for relocation. More specifically, replace City Hall, Police Headquarters and a Fire Station #1 currently located on the Town square property, either elsewhere on that property or on another City owned or private parcel. Linking these objectives will allow the City to "free up" the land currently being used as a City Hall, Police HQ and Fire Station #1 to maximize private development while enhancing public use of the area. The expectations of this approach are to generate a significant portion of the funding needed for the construction of a new City Hall, relocation of the existing Police HQ and downtown Fire Station #1, and rehabilitation of the old high school for private or civic uses. 2. The Development Partner will propose ownership and leasing structures to redevelop the Town square property for revenue -generating uses consistent with the City's objectives to create a Town Square. 3. As part of the business arrangement, the Development Partner will develop municipal facilities: City Hall, Police HQ, Civic Space and Fire Station #1. 4. The Development Partner will provide a financial package using the value of the land and private development. This opportunity will allow a funding mechanism to construct civic buildings and meet the City's goals. The City understands that there 3 Page 1291 of 1471 will be additional costs to the budget to fund the municipal portion of the project but is seeking to maximize the value of the land, increased tax base and other funding mechanisms to offset this cost so millage rate increases may not be required. 5. The Proposer may also operate and maintain the civic facilities if it is in the best interest of the City. A. Location - The City will provide two properties that may be used for development and to achieve the City's objectives: 1. Town Square Property - The project site is bounded by East Boynton Beach Boulevard, North Seacrest Boulevard, SE 2nd Avenue, and SE 1St Street in Boynton Beach, Florida. The site is located approximately one half mile from the Intracoastal Waterway, one half mile from I-95 and one mile from the beach. The site is largely surrounded by single-family homes. Boynton Beach is one hour by car from Miami, and in close proximity to West Palm Beach and Boca Raton, Florida. It is also within 10 miles of Palm Beach International Airport. 2. High Ridge Road Property - The site is bound by Gateway Boulevard, High Ridge Road, and I-95. The southern boundary is a parcel currently occupied by Boynton Beach Fire Station #5. The site is in close proximity to residential, commercial and light industrial uses. 3. Other Properties - The City is open to the Proposer bringing in other pieces of property owned by the City, or private properties within the city. B. Town Square Property 1. Site Description a. Site - The site is approximately 16.5 acres including interior roadways. It spans four city blocks and has over 3,800 linear feet of frontage. Approximately 1,950 SF of this frontage is on arterial roadways. b. Buildings and Parking - Existing buildings on the site include the Boynton Beach City Library, which was recently renovated and must remain, the Old High School, which must remain but may be repurposed by a Proposer, as well as the Schoolhouse Children's Museum, which must also remain complete with its use. The Art Center, Civic Center and Madsen Center functions may be moved, some possibly into the Old High School building. The City currently leases space to a community theater and would prefer to continue if possible. The Boynton Beach Police Department and a Fire Station and City Hall are currently located on this site as well. The buildings may be demolished, but the uses must be replaced, either on-site or on another property the City owns or may be acquired by the Proposer. The Park Lane apartments are located 4 Page 1292 of 1471 adjacent to the site, but are not owned by the City. Other options may be considered for relocation of current functions located on site. c. Historic and Preserved Resources - The Old High School is listed on the City of Boynton Beach Register of Historic Places (Local). Any required alteration to exterior facades will be subject to review through the City's standard review process. The City also encourages preservation of interior elements as reasonably possible, particularly the gymnasium. Additionally, there is a list of five (5) trees on site, as found in Appendix B, that are shown as the City's preferred preservation. 2. Site Potential - The City of Boynton supports sufficient density to cover a major portion of the costs of replacing City Hall and the associated uses, as well as additional requirements described in the section below. 3. Zoning- The site is currently zoned for Public Usage and Recreation. It is adjacent to Residential Single Family and Multifamily areas as well as a strip of Neighborhood and Community Commercial. New land use and zoning has been proposed under the CRA plan, and will be initiated by the City. This proposed new zoning is to change the entire district to Mixed -Use Medium land use designation. This contemplated re -zoning allows for 40-50 dwelling units per acre, and a maximum height of 75'. TOD Bonuses may be achieved for height and density. When rezoned, both residential and commercial land uses will be permitted. Land use and rezoning are subject to City Commission approval through a public hearing process. The City will initiate any required land use and zoning changes that are required for the project. See Appendix A for Town Square Proposed Zoning information. 4. Development Guidelines - Guidelines for Town Square development include: a. Consolidate civic uses into one building (possibly in Old High School or new building); b. Adaptive reuse of the Old High School; c. Creation of space for civic uses including an auditorium (approximately 15,000 to 20,000 SF), either within the Old High School or in a new building; d. Creation of a public event lawn, amphitheater, and public gathering space; e. Create green space/event areas and place making elements (interactive water feature/play area) while preserving tree canopy. Kaypok and Banyan Trees will require specific attention; an aerial showing trees for preferred presentation is attached as Appendix B; f. Activate Ocean Avenue by providing mixed-use/retail opportunities within public buildings; 5 Page 1293 of 1471 g. Create/enhance on -street parking along all City streets and Seacrest Boulevard; h. Improve visibility and access to new Cultural District, as defined in the CRA consolidated plan as being bounded by Seacrest Boulevard to the west, N.E. 1St Avenue to the north, the FEC Railway to the east, and S.E. 2nd Avenue to the south. Development should also improve visibility and access to new buildings; i. Improve access and circulation to Library's parking lot; j. Build entrance/gateway features at Ocean and Seacrest; k. Create a safe, walkable, mixed-use environment; 1. Enhance pedestrian connectivity between City Hall, Library, and public spaces; m. Tree Preservation Guidelines indicate trees that should receive serious consideration for retention. Attached as Appendix B for the Proposers use. C. High Ridge Road Property 1. Site Description a. Parcel - The parcel is 5.46 acres and is rectangular in shape. b. Buildings and Parking - The site is currently a vacant lot, and has no improved buildings, driveways or parking at this time c. Additional site information - The site will not be permitted to have direct access to either Gateway Boulevard or the I-95 ramp on which it fronts 2. Site Potential - There are no easements or restrictions on the site. The site may be used for office, commercial and/or light industrial uses. The Quantum POA (ARC) has a review process that will be required for any development on this site. 3. Zoning - The zoning classification for this site is for a Planned Industrial Development (PID). Future land use designation is for institutional uses for the City of Boynton Beach, though most types of light industrial, commercial or offices uses would likely be approved. D. City Facilities On Site, Future Needs and Proposer Requirements 1. City Hall - Is currently comprised of 53,112 square feet. Because the interior space is inefficient, a future City Hall may be reduced to approximately 50,000 square feet, and must meet all applicable building codes. The new City Hall should be located away from Boynton Beach Boulevard, but remain within the Town square boundary. 0 Page 1294 of 1471 2. Public Safety - The Proposer must provide solutions for the relocation of the Police HQ and Fire Station #1. The Proposer may propose other possibilities for the relocation of these services, such as those noted in Section III.G., below. a) Police Facility - The existing Police Facility is 18,354 square feet, which is inadequate for its needs. A new, modern facility must be created as part of this project. Proposers should assume a new facility of approximately 60,000 square feet, and must meet all applicable building codes. b) Fire Station #1 - Fire Station #1 shall be re -located outside of the Town Square boundaries. The City will consider relocation to any land parcel within the proximity of the existing Fire Station #1. The land parcel size for Fire Station #1 is recommended to be a minimum of 1.75 acres in size with access onto, or no further than 500 feet from an arterial roadway. 3. Old High School - The City Commission wishes to provide adaptive re -use of this facility. The building contains 28,536 square feet, including a 6,000 square foot gymnasium that can accommodate a wide variety of uses. This building is on Boynton Beach's Register of Historic Places. This building has not been used in over 20 years and has fallen into disrepair. Proposers shall carefully consider the existing building condition and the requirements necessary to renovate this structure according to current building codes. The Old High School must be retained. The Proposer may rehabilitate or remodel the building to house civic functions, keeping the facade, or the Proposer may recreate historic portions of the school if required to meet current building codes or to provide functionality of the civic uses. 4. Civic Center - The Civic Center, located at 128 E. Ocean Avenue was constructed in 1962. It comprises 9,772 square feet with its primary focus on programs in the auditorium. The City believes these public services can be relocated to the Old High School with emphasis on gymnasium re -use. The underlying land of the existing Civic Center will be available for redevelopment, either for public use, private use, or a combination. S. Art Center - The Art Center, located at 125 S.E. Second Avenue was constructed in 1992. It comprises 6,642 square feet with its primary focus on after school programs, summer and specialty camps, pre-school learning programs and arts classes. The City believes that public services can be relocated to the Old High School with emphasis on re -use and/or renovation of either office spaces or areas beneath the gymnasium. Separation of many of these child -related activities from other public or adult uses is critical in order to maintain after care licensing and also to ensure child safety. The underlying land of the existing Art Center will be available for redevelopment, either for public use, private use, or a combination. 6. The Madsen Center - The Madsen Center, located at 145 S.E. Second Avenue was constructed in 1962. This 2,996 square feet building and property has historically provided shuffleboard programs. Recently, the building has been leased by a local not- for-profit community theater. It is desirable, if practical, to provide theater space in Old High School or other civic buildings. As such, the underlying land of the existing Page 1295 of 1471 Madsen Center will be available for redevelopment, either for public use, private use, or a combination of both. 7. Public Library - The Public Library, located at 208 S. Seacrest Blvd, was constructed in three phases with the most recent occupancy in 2009. This 57,500 square feet structure is proposed to remain in place and be incorporated into the Town Square project. Design emphasis shall be placed on Town Square external and internal way - finding in order to better identify the building entrance location to the public. The City would contemplate connectivity of the Library to a new City Hall in order to maximize use of available land and also to share internal building amenities. City Hall security issues should be taken into consideration. Separation of evening programming would be a critical site, and internal, design component. 8. Children's Schoolhouse Museum - This historic school was built in 1913 and renovated in 1998. In 1994 the building was added to the National Register of Historic Places. This building is 8,288 square feet and is greatly valued. This structure must remain in the Town Square area. 9. Kid's Kingdom, Playgrounds, and Open Space - The existing Kids Kingdom playground, built in 1996, is a wooden and concrete structure located behind the Schoolhouse Children's Museum. The structure was built largely by community volunteers and is a local source of pride to many. The structure is at end of life and replacement is necessary. The Kids Kingdom playground is considered a valued adjunct to the Children's Museum and thus it is the City's preference that the playground be located in close proximity to the museum, and should measure approximately 15,000 SF. E. Parking Requirements - City of Boynton Beach parking requirements to be provided by Development Partner: 1. Parking & Way -finding - the success of the Town Square project largely depends upon parking availability and way -finding. All parking shall confirm to the City's Land Development Regulations. Shared parking concepts are encouraged. However, government services often present unique parking demands that are not necessarily incorporated into parking demand models. Consideration must be given to the following: A. City Hall/evenings. Most notably there is demand for parking during evening meetings at City Hall so this demand should be considered when shared parking calculations are used.. There should be, at minimum, 150 parking spaces identified for evening use at City Hall. The spaces shall be in close proximity to City Hall. Accessible parking availability to City Hall is mandatory. Creative parking strategies are encouraged in order to account for night meetings. B. Police Facility. This is a unique facility and requires careful design consideration in the Town Square project. There shall be a minimum of 185 0 Page 1296 of 1471 secured parking spaces and 70 shared public spaces. Access control to the secured parking spaces is a critical site planning consideration. C. City Hall/daytime. Aside from routine daily functions at City Hall, there are often Code Compliance Magistrate meetings, County meetings, and other large meeting during the work day. Additional parking over and above normal daytime City Hall parking allocation shall be provided. Based on historical use, there may be a need for an additional 50-75 spaces. D. Library. The Library often hosts evening meetings in the program room simultaneous to normal Library operation; therefore the parking plan must address this use. E. Schoolhouse Children's Museum. This facility often hosts school groups. As such, a short term bus parking location must be considered. Other parking can be shared but should be located to minimize pedestrian crossings on the public right of way. F. Old High School. Interior uses will exhibit a wide variety of parking demand. Most Art Center programs, relocated to this structure, will present very minimal parking demand. However, Civic Center programs often currently present high parking demand and this will continue into the future. Parking demand for peak events can exceed 100 spaces and this demand can be simultaneous to other City Hall and Library activities. F. Density and Zoning - The density calculations are for the entire site. Therefore, the density that cannot be achieved on the library portion of the site may be transferred to developable parcels. There are specific rules within the zoning for how to calculate density in a mixed-use zone. G. Other property that can be considered for Fire Department and Police Department - For relocation of the Fire Department, the Development Partner can identify another property within a boundary to be established by the City. The Police Department may be relocated anywhere within the City of Boynton Beach. The following represents a list of potential sites for these relocations. 1. 711 N. Federal Highway (Former Amerigas Site) -This is a CRA owned site that was purchased for redevelopment. The site has been reviewed and could be utilized for a new Fire Station #1. 2. 400-498 NW 14th Court (Rolling Green Wastewater Plant Site) - This is a City owned site that is currently used for solid waste container storage and a variety of other storage needs for the City. The site is approximately 9.5 acres of which 3 acres should be reserved for the current uses. If the site is used for a new Police Station, separate access must be provided through the South Florida Water Management District right-of-way along the C Stanley Weaver Canal to Seacrest Blvd along with landscaping and barrier walls to protect the Rolling Green neighborhood. Page 1297 of 1471 3. Other - Proposers may propose other properties not mentioned in this RFQ for relocation of the Fire Station #1 and the Police HQ A. RFQ Part I -Part I of the RFQ is designed to allow the City of Boynton Beach and the selection committee to assess the qualifications of potential Development Partners to develop a project of this scale and complexity. The City of Boynton Beach anticipates that it will select a shortlist of three Proposers. Only the shortlisted Proposers will be qualified to respond to the RFQ Part II, as described below. The RFQ Part I process will identify Proposer Qualifications, Financial Capabilities, and Past Project Experience. Detailed submission and selection requirements are found below. B. RFQ Part II - The objective of the RFQ Part II is to select a preferred Development Partner in order to both create a new town square on the site, as well as to provide the required facilities for the City. The short-listed Proposers must submit an approach and concept plan, show compliance with the City's requirements as outlined in this document, and provide conceptual schedules, plans, and financial structure package. Detailed submission and selection requirements are found below. Phase I Project Delivery- The City will negotiate a Phase I contract with the selected development team which will include the costs to prepare 30% construction plans and a Guaranteed Maximum Price (GMP) for the City's costs for the new municipal infrastructure. The City will reserve the right to either accept or reject the GMP. If the City rejects the GMP, all of the work produce will be owned by the City and the City will move to the second ranked team to continue the process in accordance with Florida Statutes. D. Phase II Project Delivery - Once the parties have executed a Project Agreement, the Project will proceed in accordance with the terms and conditions of such agreements. See Sample Contract in Appendix C. E. Competitive Selection Timeline and Schedule Milestones TO BE ADDED Instructions to Proposers TO BE ADDED 10 Page 1298 of 1471 12.A. NEW BUSINESS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-128 - Approve and ratify the reopened and amended Articles: Group Insurance and Wages of the Collective Bargaining Agreement between the Boynton Beach Fire Fighters and Paramedics, IAFF, Local 1891 and the City of Boynton Beach. EXPLANATION OF REQUEST: The IAFF Collective Bargaining Agreement ending September 30, 2018 has reopeners for the Group Insurance and Wages Articles. Bargaining for these reopened Articles began on July 25, 2016. A final session was held on August 9, 2016, wherein the City and Union came to a tentative agreement of the following: Wages: A cost of living increase of 1.75% will be applied to each of the steps in the step plan on September 30, 2016 and employees will move into their ne)d steps on October 1, 2016. Group Insurance: The City will contribute an annualized total of $1,000.00 into the employees' health savings accounts with the pay check dated October 21, 2016. Employees will be able to convert up to $1,000.00 worth of sick and/or vacation time to contribute to their health savings account. These Articles will be reopened again for the final year of the collective bargaining agreement in May 2017 On September 12, 2016, the Union ratified the reopened Articles of the collective bargaining agreement. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Having agreements in place will provide bargaining unit employees and management with guidance on the current terms and conditions of employment in effect. FISCAL IMPACT. Budgeted The impact of the wages is $151,471.76 and the impact of the City contribution to the health savings account is $131,000.00 for a total budgeted FY 16/17 impact of $281,471.76. ALTERNATIVES: 1. Do not approve and ratify the agreements, which will result in returning to the bargaining table for continued negotiations. STRATEGIC PLAN: High Performing City Organization STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Page 1299 of 1471 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Resolution D Other D Attachment REVIEWERS: Department Human Resources Legal Finance City Manager Description Resolution approving and ratifying the lAFF CBA reopened and amended articles Notice of Ratification lAFF - Reopener TA'd Articles Reviewer Action Oldbury, Julie Approved Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 9/14/2016 - 9:28 AKA 9/15/2016 - 11:30 AKA 9/15/2016 - 1:18 IIIA 9/15/2016 - 4:44 PIM Page 1300 of 1471 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 RESOLUTION R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND RATIFYING THE REOPENED AND AMENDED ARTICLES OF GROUP INSURANCE AND WAGES OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 1891 FOR THE PERIOD OF OCTOBER 1, 2015 THROUGH SEPTEMBER 30, 2018; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the IAFF Collective Bargaining Agreement ending September 30, 2018 has reopeners for the Group Insurance and Wage articles; and WHEREAS, on August 9, 2016, the City and Union came to a tentative agreement for these articles; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to ratify the reopened and amended articles of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and ratify the reopened and amended Articles of Group Insurance and Wages of the Agreement between the City of Boynton Beach and the International Association of Firefighters, Local 1891 for the period of October 1, 2015 through September 30, 2018, a copy of the reopened and amended Articles are attached hereto as C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\16403979-762F-4A2F-87BF-F22E493885DA\Boynton Beach.4085. LIAFF_ Reopened _Articles _2016_-_Reso.doc Page 1301 of 1471 33 Exhibit "A". 34 Section 3. This Resolution will become effective immediately upon passage. 35 PASSED AND ADOPTED this day of , 2016. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 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 Interim City Clerk (Corporate Seal) VOTE YES NO C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\16403979-762F-4A2F-87BF-F22E493885DA\Boynton Beach.4085. LIAFF_ Reopened _Articles _2016_-_Reso.doc Page 1302 of 1471 Monday, September 12, 2016 To; Glenn Joseph, Fire Chief, Julie Oldbury, Human Resource Director From; Dean Kinser, President Local 1891 Subject; CBA 2016-2017 Ratification Vote The intent of this letter is to advise the City of Boynton Beach that Local 1891 held a meeting on September 12, 2016 for the purpose of conducting a ratification vote referencing the proposed 2016-2017 opener in the current CBA between the Professional Firefighters of Local 1891 and the City of Boynton Beach. A vote was conducted comprising of a majority quorum of Local 1891's membership and the proposed negotiated CBA addressed above was officially accepted and passed the ratification vote by the membership of Local 1891. Respectfully Dean Kinser, President Local 1891 I Page 1303 of 1471 Final TA IAFFReopener- 2016-08-09 ARMELE-L2 CIRQIUE INSLIRANCE Amended Following Reopener sh '1 A. Mcdical. Dental, and Vision Insurance: Effective October 1, 2015, the sole medical benefit plan available to employees will be a High Deductible Health Plan (HDHP). The City shall pay the total HDHP medical, dental, and vision insurance premiums for all bargaining unit members while employed by the City. The members will pay the full cost of HDHP medical, dental, and vision insurance for their dependents. Types of coverage currently in effect during a plan year shall not be reduced during that plan year. All policies shall be reviewed annually and modifications to the insurance plans may be made which benefit both the City and the union. The City will provide a minimum of thirty (30) days' notice if it intends to exercise its right to re -open this section for negotiation. Plan Year Two: October 1, 2016 - September 30, 2017 B. HSA Contributions: The City will contribute an annualized total of $1000.00 into an employee's Health Savings Account (HSA) on October 21, 2016 or the first full pay check date following ratification by the Union., whichever is later. This amount will be renegotiated each contract year. L In order to be eligible for the HSA deposit above, an employee must be actively employed on the check date in Section B. of this Article. The City will provide opportunities to convert an annualized total of up to one tho and IAFF Page 1304 of 1471 Final TA IAFF Reopener - 2016-08-09 dollars ($1000.00), after pension deduction, of any combination of sick and vacation time at the 100% conversion rate to help fund their HSA. This provision will be negotiated each contract year. For Plan Year One, this conversion can be done at the following times: L October 1, 2016 - November 1, 2016 (any amount up to an annualized total of $1000.00) ii. April 1, 2017 - April 30, 2017 (any amount up to an annualized total of $1000.00). iii. For purposes of this Article, "annualized" means plan year/contract year/fiscal year October 1, 2016 through September 30, 2017. D. New Hires: Upon hire, members will accrue eighty-three dollars and thirty-three cents ($83.33) per month for the City to deposit into their HSA through September 2017, while employed. The initial deposit will be made the first check of the month in which the member becomes enrolled in the City's group medical insurance. This provision will be negotiated each contract year. u 1 ra eo If the Union determines that it can provide more economical coverage than the City's principal medical insurance, the Union may bargain for a dollar amount per bargaining unit member to be applied to insurance secured through the Union. if the Union intends to exercise this option, the Union will provide written notice to the City Manager no later than February 15, 2016. The City and the Union will meet within twenty (20) days of receipt of the Union's notice to bargain this section of the Article. The City and the Union agree that negotiations regarding this Section must be conclude by IAFF Page 1305 of 1471 Final TA fAFF Reopener - 2016-08-09 May 20, 2016, with the result being either the Union's acceptance of a dollar amount in exchange for the Union exiting the City's group medical insurance plan, or the Union's rejection of a dollar amount and agreement to stay on the City's selected group medical insurance plan for Plan Year Two. The City and the Union agree to reopen this Article for negotiations beginning in May 2017. Section 2. Life Insurance. Members of the bargaining unit shall be covered by the same $10,000 term life and accidental death policy provided by the City to all employees. Members of the bargaining unit shall also be provided with an additional $25,000 term life and accidental death policy with the premium paid by the City. Section 3. Fiscal Responsibility: Both the City and the Union understand that the costs associated with providing additional benefits for employees have significantly increased over the past several years. It is the intent of the City and the Union to work together in order to find acceptable ways to reduce the City's expenses associated with providing additional benefits for employees. The City agrees, that for a full-time firefighter who is killed in the line of duty as per F.S.S. 112.191 (2)(f), as amended from time to time, or suffers a catastrophic injury, as defined in F.S.S. 440.02(37), as amended from time to time, and provided for in F.S.S. 112.191 (2)(g), as amended from time to time, or partially or totally disabled as provided for in F.S.S. 112.18, as amended from time to time, the City shall pay the entire premium for the employer's health insurance plan for the injured employee, the injured al oyee's 4IAFF Page 1306 of 1471 Final TA IAFF Reopener - 2016-08-09 spouse, and for each dependent child of the injured employee until the child reaches the age of majority or until the end of the calendar year in which the child reaches the age of 26 if the child continues to be dependent for support, or the child is a full-time or part-time student and is dependent for support The term "health insurance plan" does not include supplemental benefits that are not part of the basic group health insurance plan. If the injured employee subsequently dies, the employer shall continue to pay the entire health insurance premium for the surviving spouse until remarried, and for the dependent children under the conditions outlined in this paragraph. ,Amended Following Reopener Formatted- RxTt: +Headi s (Came °) _ I Formatte& Normal Centered Section 1. Effective October 1, 2015, the following charts contain the current pay scales that are effective for shift and non -shift members of the Bargaining Unit. MWAMMINUM C4 IAFF Page 1307 of 1471 X� C4 IAFF Page 1307 of 1471 Final TA lAFF Reopener - 2016-08-09 Paramedic $3.75 Over Hourly Base Rate ($9,360.00 annual rate) Technical Rescue $0.75 Over Hourly Base Rate ($1,872.00 annual rate) iffemalawu� 0ertlficat1Qn Incentive Pay Paramedic $4.50 Over Hourly Base Rate ($9,360.00 annual rate) Technical Rescue $0.90 Over Hourly Base Rate ($1,872.00 annual rate) Section 2. A. Effective October 1, 2015, October 1, 2016 and October 1, 2017, each member of the bargaining unit shall receive a wage adjustment consistent with the increase in pay ranges identified in Section 1. B. Employees who reach the maximum salary cap shall receive a lump sum payment equal to the amount they would receive based on the criteria included herein. Lump sum payments in accordance with this section shall be considered a salary disbursement included in W-2 holdings for the purpose of pension calculations. (X V!:�� ity IAFF Page 1308 of 1471 Final TA 1AFFReapener - 2016-08-09 C. The table in Addendum 'B" will be used as an administrative guide to wage adjustments and/or promotions through the ranks. SLcdo-3-- Any changes in the performance appraisal instrument will be made by the Labor Management Team. Section 4. This Article will be reopened for negotiations of a possible COLA for contract years 2016-2017 and 2017-2018. o. October 1.2016 -Se trrnber 30.207 7 The tables in Addendum "B" will be adjusted by 1.75% on September 30, 2016 so that the new rates will take effect with the scheduled step increase per Section 2 A of this Article. I_.. Section No cost of living increases/base wage increases or step increases, except ` Formatted: m.` e Text rnae�r i ftNo wW /orphan cantml those resulting from a promotion or assignment, shall be paid beyond September 30, 2018 unless specifically negotiated in a successor Collective Bargaining Agreement or Memorandum of Understanding. V, -"X IAF Page 1309 of 1471 October 1, 2015 October 1, 2016 Annually Hourly FFPROB Step I L$45,83,9.09 $18-3646 Annually Hourly FFPROB Step 1 $46,640.26 D1.69 CaTSage t 1310�t/o f 1471 , 0 # 1 4 - MIN.M., M., WIT.I. MI MEMO M- KII&M "IMIRM I M, MT CaTSage t 1310�t/o f 1471 1 4 - MIN.M., M., WIT.I. MI MEMO M- KII&M "IMIRM I M, MT RUMMI M#FW..w M. KINIT&M MIR I .N.= CaTSage t 1310�t/o f 1471 1 4 - MIN.M., M., WIT.I. MI MEMO M- KII&M "IMIRM I M, MT KINIT&M MIR I .N.= CaTSage t 1310�t/o f 1471 MIN.M., M., WIT.I. MI MEMO M- ffmw,=�� MT CaTSage t 1310�t/o f 1471 October 1, 2016 CAPT Annually Hourly ME: Annually Hcurly Step 1 $82,922.45 - 1$33.2221 1 Step 1 $84,373.59 $3.8035 CAPT Annually Hourly CAPT Annually Hcurly Step 1 $82,922.45 - 1$33.2221 1 Step 1 $84,373.59 $3.8035 Step 2 $84,970.63 $34.0427 Step 2 $86,457.E $34.6384 Step 3 $87,069.40 $34.8836 Step 3 $88,593.11 $35.4941 Step 4 $89,220.01 $35.7452 Step 4 $90,781.36 $36.3707 Step 5 $91,423.74 $36.6281 Step 5 $93,023.66 1$37.2691 Step 6 $93,681.91 1$37.5328 1 Step 6 $95,321.34 1$38.1896 Step 7 $95,995.85 1$38.4599 1 Step 7 $97,675.78 T-$391329 m BC Step 1 Step 2 Step 3 Step 4 Step 5 IMIX.T. M, m BC Step 1 Step 2 Step 3 Step 4 Step 5 Pat, 311 of 1471 12. B. NEW BUSINESS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-129 - Approve the Interlocal Agreement with the Town of Briny Breezes for the provisions of law enforcement services for the term October 1, 2016 through September 30, 2019. EXPLANATION OF REQUEST. The Police Department has analyzed the operational and administrative impact of this relationship. The Department is able to effectively handle the current generated call volume and will use revenue generated from this Agreement to fund personnel and other necessary resources to ensure adequate law enforcement coverage to Briny Breezes as well as complement services offered to the citizens of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted This Agreement provides for Town of Briny Breezes to pay Boynton Beach $200,000 for FY 2016/2017. The fees for FY 2017/2018 and FY 2018/2019 to be calculated based on the Consumer Price Index (CPI) for the Miami -Fort Lauderdale regional area plus 1.5%. To determine adjustments, reference will be made to the June benchmarks. Should the CPI ever fall below 0, the minimum increase for years two (2) and three (3) will be 1.5% over the previous year. ALTERNATIVES: Not approve the interlocal agreement. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Page 1312 of 1471 D Interlocal Agreement REVIEWERS: Department Police Legal Finance City Manager Resolution approving ILA with Briny Breezes for law enforcement services Interlocal Agreement with Briny Breezes for Police Services Reviewer Action Crawford, Suzanne Approved Swanson, Lynn Approved Howard, Tim Approved LaVerriere, Lori Approved Date 9/13/2016 - 3:27 IIIA 9/14/2016 - 2:52 IIIA 9/14/2016 - 3:29 IIIA 9/15/2016 - 4:45 IIIA Page 1313 of 1471 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 RESOLUTION NO. R16 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE TOWN OF BRINY BREEZES FOR THE PROVISION OF LAW ENFORCEMENT SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Briny Breezes ("Town") desires the City of Boynton Beach ("City") to provide law enforcement services to the Town; and WHEREAS, the City has the equipment, personnel and resources to extend its protection service area to provide law enforcement services to the Town; and WHEREAS, the Police Department has analyzed the operational and administrative impact and is able to effectively handle the current generated call volume and will use revenue generated from this Agreement to fund personnel and other necessary resources to ensure adequate law enforcement coverage to Briny Breezes; and WHEREAS, the City Commission of the City of Boynton Beach, upon 21 recommendation of staff deems it to be in the best interests of the residents and citizens of the 22 City of Boynton Beach to approve and authorize the Mayor to sign the Interlocal Agreement 23 between the City of Boynton Beach and the Town of Briny Breezes for law enforcement 24 services. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, AS 27 FOLLOWS: 28 Section 1. Each Whereas clause set forth above is true and correct and 29 incorporated herein by this reference. C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\BC549C82-6EC9-48A4-A920-ADF8B7547158\Boynton Beach.4058.1.ILA With_Briny_Breezes_For_Law_Enforcement_-_Keso.Doc Page 1314 of 1471 30 Section 2. The City Commission of the City of Boynton Beach hereby approves and 31 authorizes the Mayor to sign the Interlocal Agreement between the City of Boynton Beach 32 and the Town of Briny Breezes for law enforcement services, a copy of the Interlocal 33 Agreement is attached hereto as Exhibit "A". 34 Section 3. This Resolution shall become effective immediately upon its adoption. 35 PASSED AND ADOPTED this day of 2016. 36 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 Interim City Clerk 58 59 60 (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 C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\BC549C82-6EC9-48A4-A920-ADF8B7547158\Boynton Beach.4058.1.ILA With_Briny_Breezes_For_Law_Enforcement_-_Keso.Doc Page 1315 of 1471 INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES This Interlocal Agreement, is made and entered into by and between the City of Boynton Beach, a municipal corporation of the State of Florida, hereinafter called "Boynton Beach", and the Town of Briny Breezes, a municipal corporation of the State of Florida, hereinafter called 'Briny Breezes", which municipalities are adjoining municipal corporations located within County of Palm Beach, Florida. WITNESSETH: WHEREAS, Section 163.01 and 166.0495, Florida Statutes, authorize a municipality to enter into an interlocal agreement with an adjoining municipality in the same county to provide law enforcement services, conduct law enforcement activities, and provide police protection services, hereinafter called " Law Enforcement Services", within the territorial boundaries of the other adjoining municipality; and WHEREAS, Briny Breezes is in need of law enforcement services within its territorial boundaries for the safety, protection and general well being of its citizens, residents, property owners, and the members of the public; and, WHEREAS, Briny Breezes has requested an Interlocal Agreement be entered between it and Boynton Beach pursuant to Section 163.01 and 163.0495, Florida Statutes, by which Boynton Beach shall and will provide it with the law enforcement services that Briny Breezes requires within its territorial boundaries by and through the Boynton Beach Police Department; and, WHEREAS, Boynton Beach is willing to enter into such an Interlocal Agreement with Briny Breezes for the purposes aforesaid upon and for a fair consideration. NOW THEREFORE, for and in consideration of the mutual covenants and promises hereinafter contained to be kept and performed by the parties hereto, and for other good and valuable considerations, the parties agree as follows: Section 1. Recitals Adopted. The above recitals are true and correct, and are adopted herein as legislative findings of fact. Section 2. Services Personnel and Equipment. Boynton Beach agrees to provide law enforcement services within the territorial boundaries of the municipality of Briny Breezes in substantially the same level of services as that provided by Boynton Beach for its own citizens. Section 3. Inspection and Approval. Briny Breezes acknowledges that it has inspected the Boynton Beach Police Department, has informed itself as to the number of sworn law enforcement officers and police personnel employed, the amount and quality of equipment and Page 1 of 6 Page 1316 of 1471 physical resources available for police protection and law enforcement activities, and the available scope and capabilities of such police facilities, and does hereby approve and accept these personnel, services and facilities as being adequate, reasonable, and capable for the purpose of providing professional law enforcement services within the territorial boundaries of the Town of Briny Breezes. Section 4. Term of Contract. The term of this agreement shall be for a period of three (3) years, commencing on October 1, 2016, at 12:01 A.M., and terminating on September 30, 2019, at midnight. This Agreement can be extended for an additional term or terms if an Addendum to this Agreement is approved by both parties prior to the expiration of this Agreement. Prior to its effectiveness, an interlocal agreement and subsequent amendments thereto shall be filed with the clerk of the circuit court of each county where a party to the agreement is located. Section 5. Amount and Method of Payment. A. In consideration of Boynton Beach providing the law enforcement services provided herein, Briny Breezes agrees to pay Boynton Beach compensation in the sum of Two Hundred Thousand Dollars ($200,000.00) for Fiscal Year 2016/2017. B. The fees for FY 2017/2018 and FY 2018/2019 to be calculated based on the Consumer Price Index (CPI) for the Miami -Fort Lauderdale regional area plus 1.5%. To determine adjustments, reference will be made to the June benchmarks. Should the CPI ever fall below 0, the minimum increase for years two (2) and three (3) will be 1.5% over the previous year. Briny Breezes shall pay such compensation to Boynton Beach in twelve equal installments, to be paid consecutively on the first day of each month throughout the term of this agreement. Section 6. Termination. In the event that the Town of Briny Breezes should cease to be a municipal corporation of the State of Florida by reason of its dissolution or abolishment, or by its merger or consolidation with the County of Palm Beach or with another municipal corporation within said county, then in such event this agreement shall thereupon terminate and cease to be in effect. Any indebtedness payable hereunder by the Town of Briny Breezes to the City of Boynton Beach for services provided pursuant to the terms hereof shall be equitable prorated up to and including the date of said termination. Section 7. Lawful Authority. By entering into this Agreement, Briny Breezes delegates law enforcement powers and authority to the Boynton Beach Police Department and its officers within the territorial boundaries of the Town of Briny Breezes. Page 2 of 6 Page 1317 of 1471 Section 8. Exclusive Authority. In rendering services hereunder in and for the Town of Briny Breezes, the Chief of Police of Boynton Beach shall have full, complete, and exclusive authority over the use and operations of the personnel, vehicles, and equipment of the Boynton Beach Police Department. The Police Chief shall have full discretion to employ accepted techniques, methods, and procedures in performing law enforcement services, conducting law enforcement activities and providing law enforcement services within the territorial boundaries of the Town of Briny Breezes as the Police Chief deems necessary. Section 9. Personnel Complaints. All suggestions, recommendations, and complaints concerning the services provided hereunder shall be directed to the attention of the Chief of the Boynton Beach Police Department in writing for proper administrative remedy and/or response. Section 10. Official Appointment. The Chief of Police of Boynton Beach is hereby appointed as, and declared to be, the Town Marshal of Briny Breezes.All sworn law enforcement officers of the Boynton Beach Police Department are hereby appointed as, and declared to be, Deputy Town Marshals of Briny Breezes. Prior to commencement of their duties hereunder, all appointees and designees shall take an oath of office as sworn law officers for the Town of Briny Breezes. The Town Clerk is hereby authorized and directed to administer such oath of office to the Chief of Police of Boynton Beach, and the Chief of Police shall administer the oath of office to his law enforcement officers. Section 12. Procedure for Simultaneous Public Safety Problems. The parties agree that if the Police Department of the City of Boynton Beach receives simultaneous calls for its services for separate incidents or other public safety problems in both Boynton Beach and Briny Breezes, the judgment of the Chief of the Boynton Beach Police Department, or his senior officer on duty at the time, as to which call should receive first priority response shall be binding upon the parties hereto and shall control their actions. Section 13. Boynton Beach's Insurance. In rendering services hereunder to Briny Breezes, Boynton Beach shall carry all necessary and required policies of insurance in amounts of coverage sufficient to protect its personnel in the event of death or injury and its equipment in the event of damage or destruction, and shall provide its employees with Workers' Compensation Insurance, and Law Enforcement Officers Death Benefit Insurance. Boynton Beach shall also carry all risk liability insurance continually during the term of this Agreement in an amount acceptable to Briny Breezes. Page 3 of 6 Page 1318 of 1471 Briny Breezes shall be named as an additional insured on all said policies which must provide for 30 -days notice to Briny Breezes prior to cancellation. Section 14. Briny Breezes' Insurance. Briny Breezes shall carry all risk liability insurance continually during the term of this Agreement in an amount acceptable to Boynton Beach. Boynton Beach shall be named as an additional insured on said policy, which must provide for 30 -days notice to Boynton Beach prior to cancellation. Section 15. Quality of Service. Boynton Beach agrees to use its best efforts to provide Briny Breezes with a professional level of police protection to the same extent as that which is customarily provided in Palm Beach County by a Town comparable in size to Boynton Beach. This shall include the following: a. Provide routine patrol with the same regularity as in Boynton Beach b. Respond to calls for service C. Check security of common buildings (night time) d. Investigate crimes occurring in the Town of Briny Breezes e. First responder treatment of injured residents f. Provide information and activity reports to Briny Breezes Town Hall and Manager's Office g. Provide speakers on Crime Prevention and Safety upon request h. Any and all other Police Services as delivered to residents of Boynton Beach Section 16. Notice to the Parties. Any notices required or contemplated under this Agreement shall be in writing and be sent to the Mayor of Briny Breezes at 4802 North Ocean Boulevard, Briny Breezes, Florida 33435; and to the Mayor of Boynton Beach at 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435. Section 17. Construction of Words and Terms. Wherever herein the context so requires, the use of the singular shall include the plural and vice versa, the use of the masculine shall include the feminine and neuter vice versa, and the use of "officials" shall include all appointed and elected officials of Boynton Beach and Briny Breezes, and their successors and assigns. Section 18. Integration. This instrument embodies the whole agreement of the parties -on the subject matter contained herein and there are no promises, terms, conditions, or obligations other than those herein contained. This Agreement shall supersede all previous communications, representations, offers, advertisements, brochures, proposals, or agreements regarding the subject matter contained herein, either oral or written, between the parties hereto and not herein contained. - Page 4 of 6 Page 1319 of 1471 Section 19. Severability. In the event that any part, term or provision of this Agreement is found to be illegal or inoperative by a court of competent jurisdiction, the validity of the remaining proportions and provisions shall not be affected, and the rights and obligations or the parties shall be construed and enforced as if this Agreement did not contain the particular part, term or provision so held to be invalid. Section 20. Captions. Captions are included for convenience only and shall be given no legal effect whatsoever. Section 21. Records: Each party shall maintain its public records in accordance with Chapter 119, Florida Statute. Upon receipt of a public records request each party shall notify the other no later than 5:00 p.m. on the second day following receipt of a request. Section 22. Venue for any action regarding the rights and duties arising from this Agreement shall be in Palm Beach County Florida. IN WITNESS WHEREOF the City Commission of Boynton Beach and Town Council of Briny Breezes have duly authorized their respective Mayors and Clerks sign this Interlocal Agreement. The last date of execution shall be considered the date hereof. TOWN OF BRINY BREEZES By By MICHAEL HILL, Date Mayor APPROVED AS TO FORM AND CORRECTNESS: JOHN J.R. SKRANDEL Attorney For Town of Briny Breezes Page 5 of 6 ROBERT JUROVATY Town Clerk Pro Tem Page 1320 of 1471 CITY OF BOYNTON BEACH By STEVEN B. GRANT, Mayor Date Mayor ATTEST: 3 JUDITH A. PYLE, CMC Interim City Clerk APPROVED AS TO FORM AND CORRECTNESS: JAMES A. CHEROF City Attorney, City of Boynton Beach Page 6 of 6 Page 1321 of 1471 12.C. NEW BUSINESS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R16-130 -Authorize the Mayor to sign an Interlocal Agreement between the City of Boynton Beach and Boynton Beach Community Redevelopment Agency (CRA) to provide financial support to the Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc.) in association with their application for the 4% tax credit for Low Income Housing Tax Credits along with a State Apartment Incentive Loan (SAIL) for the proposed development known as Ocean Breeze East and sign any related application documents to confirm such support. EXPLANATION OF REQUEST: On September 13, 2016, the CRA Board approved a financial support request from Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc.) in the amount of $100,000 in connection with their application for 4% tax credit along with a State Apartment Incentive Loan (SAIL). The application requires the Local Government to verify the contribution amount of $100,000 as part of Ocean Breeze Housing Partners LP (NuRock Development Partners, Inc.) application submission. The Local Government is the City of Boynton Beach. The interlocal that is being recommended provides for the financial support to be paid by the Boynton Beach Community Redevelopment Agency. Such contribution is dependent upon Ocean Breeze Housing Partners, LP being awarded the 4% tax credit. At the August 9, 2016 CRA Board meeting the CRA Board selected NuRock Development Partners doing business as the single asset entity, Ocean Breeze Housing Partners, LP to redevelop the CRA- owned RAowned property known as Ocean Breeze East. Ocean Breeze Housing Partners is offering the CRA $800,000 for the 4.5+/- acre vacant site at N.E. 7th Avenue and Seacrest. The property appraised at $1,440,000 in July 2016. NuRock operating as Ocean Breeze Housing Partners will apply to Florida Housing Finance Corporation (FHFC) for 4% low-income housing tax credits along with a State Apartment Incentive Loan (SAIL) in October 2016. FHFC will notify applicants by mid-December if their projects are qualified to receive funding with allocations finalized by February 28, 2017. The FHFC funding application requires a local government contribution. The Board has agreed to the requested amount of $100,000. However, the funding must come from a municipality therefore the CRA and City must enter into an interlocal agreement for the CRA to reimburse the City for the $100,000. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. There is no ultimate fiscal impact to the City of Boynton Beach. ALTERNATIVES: Do not approve the interlocal. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 1322 of 1471 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Interlocal Agreement D Attachment D Attachment REVIEWERS: Department Finance Legal Finance City Manager Reviewer Action Date Howard, Tim Approved 9/14/2016 - 2:04 IIIA Swanson, Lynn Approved 9/14/2016 - 4:57 IIIA Howard, Tim Approved 9/15/2016 - 6:10 AKA LaVerriere, Lori Approved 9/15/2016 - 4:45 IIIA Page 1323 of 1471 I 2 RESOLUTION NO. R16- 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 5 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 6 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 7 REDEVELOPMENT AGENCY TO PROVIDE A FINANCIAL 8 CONTRIBUTION FOR THE DEVELOPMENT OF A 4% TAX 9 CREDIT FOR THE DEVELOPMENT KNOWN AS OCEAN 10 BREEZE EAST; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the goal of the Boynton Beach Community Redevelopment Agency is to 13 eliminate slum and blight and to facilitate the development of affordable housing within the 14 Community Redevelopment Area; and 15 WHEREAS, the proposed development known as Ocean Breeze East will help the 16 Community Redevelopment Agency to achieve its goals; and 17 WHEREAS, the developer of the Ocean Breeze East project, Ocean Breeze Housing 18 Partners LP is applying for 4% Low -Income Housing Tax credits and a SAIL loan in October 19 of 2016; and 20 WHEREAS, the financial match of $100,000 required by the Florida Housing 21 Finance Corporation allocator of 4% tax credits and SAIL loans will be paid for by the 22 Boynton Beach Community Redevelopment Agency; and 23 WHEREAS, the City Commission of the City of Boynton Beach, upon 24 recommendation of staff and the CRA Board, deems it to be in the best interests of the 25 residents and citizens of the City of Boynton Beach to approve the Interlocal Agreement 26 between the City of Boynton Beach and the Boynton Beach Community Redevelopment 27 Agency regarding the development of the Ocean Breeze East project on behalf of Ocean 28 Breeze Housing Partners LP. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Page 1324 of 1471 31 Section 1. Each Whereas clause set forth above is true and correct and 32 incorporated herein by this reference. 33 Section 2. The City Commission of the City of Boynton Beach, Florida does 34 hereby approve and authorize the Mayor to sign the Interlocal Agreement between the City of 35 Boynton Beach and the Boynton Beach Community Redevelopment Agency regarding the 36 Local Government Contribution required by Florida Housing Finance Corporation on behalf 37 of Ocean Breeze Housing Partners LP developer of the Ocean Breeze East development, a 38 copy of said Interlocal Agreement is attached hereto as Exhibit "A". 39 Section 3. That this Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this day of , 2016. 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 ATTEST: Judith A. Pyle, CMC Interim 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 Page 1325 of 1471 IIHS AGREJEMEn made and entered into on the 13 -A dayof —&n,0-17-�--'4-1� 2016 by and between: 0 a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (heieitafkr referred to as IICTT" AGENCY, a Public Agency of the State of Florida 710 N. Federal Highway ft3oynton BeacJ4 Florida 33435 (hereinafter referred to as'VRA!) LIA WHEREAS, CITY and CRA CPartiesl desire to encourage Affordable and Workforce Housmg development within the City and the CRA, and 7V - 'ANJI M."M IN VIA -,f7;t*),k . M -47IMM JMZTI!taj��l I'MIR I= 4 k All 111IRRE.At, the CRA has approved a financial contribution of one hundred thousand dollus ($100,000) in the form of a grant conhibution C'Grant') to assist the developer, The NuRock Companies, under the name Ocean Breeze Housing Partums, LP, in the development of ccrtain ft-yoperties located at 700 N. Sencrest Boulevard, Boynton Beach, Florida, as described in Exhibit atta,ched hereto, and Finance Corporation by February 28, 2017, and Page 1326 of 1471 WHEREAS, CYI'Y and CRA have determined that it is mutuaRy bewficial and in the best interests of its citizens and residents to enter into this Agreement, and WHEREM, CffY hereby represents to CRA that it has the authonty, pursuant to ths NVIDEREAS, CRA hereby represents to CITY that it has the authonty, pursuant to the [Maim 1.01 The Patties agree that the Gran" per Resolution No. shaU be paid by the CrrY to Ocean Breeze Housing Y„ LP on behaff of the CRA� ,�e Parties agree fWA,tro�,� f-NuwGW1,A ATZW7 df'SM C "A &P of C='s notice of makkig payment. Payment shall be made to Ocean Breeze Housing Partners, IY zwlq= Page 1327 of 1471 upon: 1) Ocean Breeze Housing Partners, LP providing evidence that they have been awarded a four percent (4%) State Apartment Incentive Loan from the Florida Housing 5.01 CRA and CITY shall each maintain their own respective records and documew associated with this Agreement in acowdance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other us books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement aM for at least three (3) years after completion of the development of the Ocean Rrem Past property located at 700 N. Seacrest Boulevard, Boynton Beach, Florida as described in Exhibit 8"on 6® ASSIGNAUM 6.01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. Section 7. DEFAULT 7.02 If either party fails to perform or obsem any of the material terms and conditions of this Agreement for a period of ton (10) calendar days after mceipt of written notice of such defrult from the other party, the party giving notice of deffidt may be entitled, but is not required, to seek specific performance of this Agreeinent on an expedited basis, as the performance of the material terms and conditions contained herein relate to the he" safety, and welfare of the residents sdtject to this Agreement. Failure of any party to exercise its light in the event of any breach by the, other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is 'in writing and signed by the other party. Such waiver shall be limited to the term specifically contained themdri. This section shall be witImut prejudice to the rights of any party to seek a legal remedy for any bitach of the other party as may be available to it in law or equity. 8.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. MMMWE Page 1328 of 1471 Section 9. VENUE 9.01 Any and all legal actions necessaryto enforce the terms of this Agreement &hall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, itv--�- for the Sxrat)W�omr, Distict of Flori,;,a. Section 10. GOVERNING LAW 10.01 The validity, cozistruction and effect of this Agreement shall be governed by the laws of Ih? State of Florida. Section 11. ENTME AGRFEME NT hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waiviA except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relmqiushment for the future of any covenant, term, condition or election but the same shall continue and remain in ffill force and :1111, . Section 12. SEVERABYLM 12.01 Should any par� term or provision of this Agreement be by the courts decided to be illegal in conflict with any law of the State, the validity of the remaining portions or provisions not be affected thereby. A 15.01 Whenever either party desires to give notice to the other, such notice must be inwriting sent by United States mait, return receipt requested, courier, evidenced by a# or by overnight express delivery &mice, evidenced by a delivery receiA addressed to party for whom it is intended at the place last speced;- and the place for giving of no shall remain until it &hall have been changed by written notice in comphanj= wifth provisions of this paragraph. For the pTesent, the parties designate the following as respective places forgiving otnotice. CITY: Lori Laverricro, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, EL 33435 NMOMIN Page 1329 of 1471 CRA: Vivian Bmoks,Executive Director Boynton Beach CRA 710 N, Federal Highway Boynton Beach, Florida 53435 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Bonlevard, Suite 200 Fort LaI[e, © 33308 Tam Dub y, Esquire Lewis, Longm= & Wallte4 P. Section 14. INTERPRETATION KA WA2 ng- -jcufz Emu= Page 1330 of 1471 � =4M CIW OF BOYNTON BEACH a munidpal jjmjg�m ga s- I m Page 1331 0 1471 Exhibit "A" LEGAL DESCRIPTION OF PROPERTY OCEAN BREEZE EAST yS� Page 1332 of 1471 FLORIDA HOUSING FINANCE CORPORATION LOCAL GOVERNMENT VERIFICATION OF CONTRIBUTION — GRANT FORM Name of Development: Residences at Ocean Breeze Development Location: 70:0 N. Seacrest Blvd., Boynton Beach, Florida (At a minimum, provide the address number, sheet name and city, and/or provide the street name, closest designated intersection and either the city (if located within a city) or county (if located in the unincorporated area of the county)- If the Development consists of Scattered Sites, the Development Location stated above must reflect the Scattered Site where the Development Location Point is located-) The City/Coluity of City of Boynton Beach conuiiits$100,000-00 _asagranttothe Applicant for its rise solely for assisting the proposed Development referenced above. The City/Coinity does not expect to be repaid or reitubtirsed by the Applicant, or any other entity, provided the finids are expended solely for the Development referenced above. No consideration or pronise of consideration has been given with respect to the grant. For ptul)oses of the foregoing, the promise of providing affordable housing does not constitute consideration. The conuiiitnient for this grant nitist be effective as of the Application Deadline for the applicable RFA, and is provided specifically with respect to the proposed Developnient. The source of the grant is Boynton Beach Community Redevelopment Agency Funds (e -g-, SHIP, HOME, CDBG) CERTIFICATION I certify that the foregoing information is true and correct and that this conu-nitnient is effective at least through the date required in the applicable RFA. Sigpiattire Print or Type Nanie Print or Type Title This certification must be signed by the chief appointed official (staff) responsible for such approvals. Mayor. City Manager, County Maliager/Adiiifiiistrator/Coordinator. Chairperson of the City ComiciLlConunission or Chairperson of the Board of County Commissioners. If the contribution is from a Land Authority organized pursuant to Chapter 380.0663, Florida Statutes. this certification must be sigiied by the Chair of the Land Authority. One of the authorized persons named above may sign this form for certification of state, federal or Local Government funds initially obtained by or derived from a Local Government that is directly administered by an intermediary such as a housing finance aialiority. a community reinvestment corporation. or a state -certified Community Housing Development Organization (CHDO). Other signatories are not acceptable. The Applicant -%All not receive credit for this contribution if the certification is improperly signed. To be considered for points. the amount of the contribution stated on this form must be a precise dollar aniomit and cannot include words such as estimated, tip to, maxinimn of. not to exceed, etc. If the Application is not eligible for automatic points, this contribution will not be considered if the certification contains corrections or '-white-mit' or if the certification is altered or retyped. The certification may be photocopied. Please note: This fonli may be modified by Florida Housing Finance Corporation per Section 67-60.005. F.A.C. (Form Rev- 08-16) Page 1333 of 1471 A Agenda t Business I I New Business I I Legal I I Information Only I r � r SUBJECT: Consideration of Interlocal Agreement between the CRA and the City for the Required Local Government Contribution in the Amount of $100,000 to Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc.) for the Ocean Breeze East Project SUMMARY: At the August 9, 2016 CRA Board meeting the CRA Board selected NuRock Development Partners doing business as the single asset entity, Ocean Breeze Housing Partners, LP to redevelop the CRA -owned property known as Ocean Breeze East. Ocean Breeze Housing Partners is offering the CRA $800,000 for the 4.5+1- acre vacant site at N.E. 7"' Avenue and Seacrest. The property appraised at $1,440,000 in July 2016. NuRock operating as Ocean Breeze Housing Partners will apply to Florida Housing Finance Corporation (FHFC) for 4% low-income housing tax credits along with a State Apartment Incentive Loan (SAIL) in October 2016. FHFC will notify applicants by mid-December if their projects are qualified to receive funding with allocations finalized by February 28, 2017. The FHFC funding application requires a local government contribution. The Board has agreed to the requested amount of $100,000. However, the funding must come from a municipality therefore the CRA and City must enter into an interlocal agreement for the CRA to reimburse the City for the $100,000. FISCAL IMPACT: $100,000 PROJECT:CRA PLAN, PROGRAM OR Heart of Boynton Community Redevelopment In • R a I ADMETT-1- . - Vivian L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTS1Completed Agenda Item Request Forms by Meeting\CRA Board\FY 2015 - 2016 Board Meetings\September 20161NuRock Ocean Breeze Local Match.docx Page 1334 of 1471 THIS AGREEMENT, made and entered into on the day of 2016 by 1 ! between: CITY OF BOYNTON BEACH, FLORIDA a Florida municipal corporation 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33425 (hereinafter referred to as "CITY") 11 AGENCY, a Public Agency of the State of Florida 710 N. Federal Highway Boynton Beach, Florida 33435 (hereinafter referred to as "CRA") [ili014f:l.`l1:41 IVQ WHEREAS, CITY and CRA ("Parties") desire to encourage Affordable and Workforce Housing development within the City and the CRA; and WHEREAS, the CRA has determined that the provision of Affordable and Workforce Housing within the CRA fiuthers the CRA's purpose of eliminating slum and blight; and WHEREAS, the CRA has approved a financial contribution of one hundred thousand dollars ($100,000) in the form of a grant contribution ("Grant") to assist the developer, The NuRock Companies, under the name Ocean Breeze Housing Partners, LP, in the development of certain properties located at 700 N. Seacrest Boulevard, Boynton Beach, Florida, as described in Exhibit "A" attached hereto, and WHEREAS, the Parties desire to enter into an Interlocal Agreement ("Agreement") for the City of Boynton Beach to pay, on behalf of the CRA, the Grant to Ocean Breeze Housing Partners, LP (the "Grantee"), under the condition that the Ocean Breeze Housing Partners, LP obtains award underwriting approval of a 4% State Apartment Incentive Loan allocation from the Florida Housing Finance Corporation by February 28, 2017, and 00763592-1 Page 1 of 7 Page 1335 of 1471 WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the "Florida Interloc C ct, ooperation Act"), permits the Parties, as public agencies under the Interlocal Cooperation A'j, of the other public agency, jointly held powers, privileges or authorities which each such publ W TF make the most efficient use of their power by enabling them to cooperate on a basis of mutu advantage and thereby provide services and facilities in a manner and pursuant to forimns governmental organization that accords best with geography, economy, population and other fact influencing the needs and development of such public agencies; and I Act; and MeL . i"� WHEREAS, CITY hereby represents to CRA that it has the authority, pursuant to the Interlocal. Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and WHEREAS, CRA hereby represents to CITY that it has the authority, pursuant to the Interlocal Cooperation Act, to execute any and all documents necessary to effectuate and to implement the terms of this Agreement; and FOR AND IN CONSEDERATION of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section 1. REMAILS 1.01 The above recitals are true and correct and are incorporated herein. �� $� M DU i 2.01 This Agreement shall be effective upon the approval of both parties and upon ng with Clerk of the Court in the Fifteenth Judicial Circuit and shall terminate upon the earlier of following: 1) final payment of the one hundred thousand dollars ($100,000) to Ocean Bree Housing Partners, LP consistent with the terms of this Agreement; or 2) the failure Oce Breeze Housing Partners, LP to obtain award underwriting approval of a 4% State Apartme Incentive Loan from Florida Housing Finance Corporation by February 28, 2017. DOMM19W 3.01 The Parties agree that the Grant, per Resolution No. ------- , shall be paid by the CITY to Ocean Breeze Housing Partners, LP on behalf of the CRA. 'Me Parties agree further that the CRA will reimburse the CITY fi f 1. 1 f i 1MMM U'Ark—i ?%X of CITY's notice of making payment. Payment shall be made to Ocean Breeze Housing Partners, LP Page 1336 of 1471 upon: 1) ocean Breeze Housing Partners, LP providing evidence that they have been awarded a four percent (4%) State Apartment Incentive Loan from the Florida Housing Finance Corporation; and 2) a real estate closing for the sale of the project properties located at 700 N. Seacrest Boulevard, Boynton Beach, Florida as described in Exhibit "A." 5.01 CRA and CITY shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each party shall have access to the other party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and for at least three (3) years after completion of the development of the Ocean Breeze East property located at 700 N. Seacrest Boulevard, Boynton Beach, Florida as described in Exhibit "A." Section 6. ASSIGNMENT 6.01 The respective obligations of the parties shall not be assigned, in whole or in part without the written consent of the other party. i u i 1 . J' 1 7.02 If either party fails to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other party, the party giving notice of default may be entitled, but is not required, to seek specific performance of this Agreement on an expedited basis, as the performance of the material terms and conditions contained herein relate to the health, safety, and welfare of the residents subject to this Agreement. Failure of any party to exercise its right in the event of any breach by the other party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by the other party unless such waiver is in writing and signed by the other party. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any party to seek a legal remedy for any breach of the other party as may be available to it in law or equity. 8.01 CITY and CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 00703692-1 Page 3 of 7 Page 1337 of 1471 Section 9. VENUE 9.01 Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida. 31 %1113 1 10,01 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. 14 R 01 Old I OIJ 11.01 This Agreement contains the entire understanding of the parties relating to the subject matter hereof superseding all prior communications between the parties whether oral or written, and this Agreement may not be altered, amended, modified or otherwise changed nor may any of the terms hereof be waived, except by a written instrument executed by both parties. The failure of a party to seek redress for violation of or to insist on strict performance of any of the covenants of this Agreement shall not be construed as a waiver or relinquishment for the future of any covenant, term, condition or election but the same shall continue and remain in fall force and effect. 12.01 Should any part, term or provision of this Agreement be by the courts decided to be illegal or in conflict with any law of the State, the validity of the remaining portions or provisions shall not be affected thereby. 13.01 Whenever either party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the party for whom it is intended at the place last specified-, and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice. CITY: Lori UVerriere, City Manager City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 00703692-1 UUMEM Page 1338 of 1471 CRA: Vivian Brooks, Executive Director Boynton each CRA 710 N. Federal Highway Boynton each, Florida 33435 Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Co ercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 14.01 This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties. 00703692-1 59--ifflum Page 1339 of 1471 IN WITNESS WHEREOF, the CITY OF BOYNTON BEACH and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY have caused these presents to be executed in their respective names by the proper officials the day and year first above written. F.-U-11RU Approved as to fonn- ms�� Approved as to form: CRA Attorney CITY OF BOYNTON BEACH a municipal corporation organized and existing under the laws of the State of Florida M Steven Grant, Mayor LUOYNTON BEACH C01714,1411yr ftEDEVELOPM[ENT AGENCY, a public agency organized and existing under the laws of the State of Ulorida By: Steven Grant, Chair Page 1340 of 1471 Lots 3 through 12 inclusive, in Block 1, Lots 1 and 2, in Block 1, LESS all that portion Lots 1 - • 2 lying West of the East right-of-way- for "SeacrestBoulevard" on Road Plat Book 5, at Page 182 and less a 20 foot return curve area for road right -o PALM BEACH COUNTRY• to the Plat thereof, recorded in Plat Book 11, at Page 43, of the Public Records of Palm Beach Count Florida. The South Half of the East Half of Lot of Subdivision of the West Half of the Southeast Quarter of Section 21, Township 45 South, Range 43 East, Less the South 125 feet thereof; Less parcels conveyed to the City of Boynton Bach by Official Records Book 852, Page 642 and LESS the right-of-way for "Seacrest Boulevard" as shown on Road Plat Book 5, Page 182, according to the Plat thereof, as recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County, Florida. Page 1341 of 1471 12.D. NEW BUSINESS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve the release of land parcels owned by the CRA as outlined in the Purchase and Development agreement with Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc.) approved at the CRA Board meeting on September 13, 2016. EXPLANATION OF REQUEST: At the September 13, 2016 CRA Board meeting the Board approved a Purchase and Development Agreement between the CRA and Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc.) for the Ocean Breeze site in the Heart of Boynton. At the August 9, 2016 CRA Board meeting the CRA Board selected NuRock Development Partners doing business as the single asset entity, Ocean Breeze Housing Partners, LP to redevelop the CRA- owned RAowned property known as Ocean Breeze East. Ocean Breeze Housing Partners is offering the CRA $800,000 for the 4.5+/- acre vacant site at N.E. 7th Avenue and Seacrest. The property appraised at $1,440,000 in July 2016. Parcel 1 - PCN 08-43-45-21-10-001-0010 Parcel 2 - PCN 08-43-45-21-00-000-0021 NuRock operating as Ocean Breeze Housing Partners will apply to Florida Housing Finance Corporation (FHFC) for 4% low-income housing tax credits along with a State Apartment Incentive Loan (SAIL) in October 2016. FHFC will notify applicants by mid-December if their projects are qualified to receive funding. The FHFC funding application requires a local government contribution. The Board has agreed to the requested amount of $100,000. Pursuant to Section 163.380(2), Fla.Stat., if the value of the real property being disposed of is for less than the fair market value, the disposition shall require the approval of the governing body, which approval may only be given following a duly noticed public hearing. Since the property is being released at below market value, the City Commission must approve the CRAs release of the property to Ocean Breeze Housing Partners, LP (NuRock Development Parnters, Inc.). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The CRA staff noted that this item was a part of the Heart of Boynton Community Redevelopment Plan. FISCAL IMPACT. Non -budgeted There is no fiscal impact to the City, the CRA noted that if funded by FHFC and developed, the project will have a taxable value of approximately $20,000,000 creating Tax Increment Funding in the amount of $254,000. ALTERNATIVES: Do not approve the release of the land parcels. STRATEGIC PLAN: Page 1342 of 1471 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachment REVIEWERS: Department Finance Legal Finance City Manager Description Page 1343 of 1471 Porch & Dev - Ocean Breeze Hsg Ptrs CRAAgenda item 9-13-16 Reviewer Action Date Howard, Tim Approved 9/15/2016 - 10:53 AM Swanson, Lynn Approved 9/15/2016 - 3:15 PPA Howard, Tim Approved 9/15/2016 - 3:21 PPA LaVerriere, Lori Approved 9/15/2016 - 4:32 PPA Page 1343 of 1471 Owm War= rimt& & D Agemem PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter "Agreement') is made and entered into as of the Effective Date (hereinafter defined), by and between BON BEACH C0MWNrIY REDEVELOPNIENT AGENCY, a public agency created pursuant to Chapter 163, Part III, of the Florida Statutes (hereinafter "SELLEIV') and OCEAN BREEZE HOUSING PARTNERS, LP, or its affiliated assignee (herefimfier "PURCHASER"'. and together with the SELLER, the •« r' In consideration of TEN DOLLARS AND 001100 DOLLARS ($10.00) and the mutual covenants and agreements herein set finth, the receipt and sufficiency of which i acknowledged the Parties hereto agree as follows: i0i IZIMN; Vt-L ano. to e the construction of a new housing c*mmunity (the "Projecf) on the site of the former housing Meet known as Ocean Brom East. 2. PVALCHASE PRICE AND PAYMENT. The Purchase Price for the Property shall be EIGHT HUNDRED THOUSAND AND 00/100 DOLLARS ($800,000.00) to be paid in fiffl at Closing, SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the ado of the Property to PURCHASER. to as the "Deposit"shall be deposited with the Escrow Agent at the end of the Inspection Period. The Deposit shall be non-reftindable to PURCHASER, except upon (i) failure by SELLER to satisfy any conditions precedent to closing;failure by PURCHASER to obtain an allomfion Of State Apartment Incentive Loan "SAIL", allocadon of 4% housing credits and Palm Beach County Tax Exerript Bond (as described in Paragraph 6below); (iii) upon defindt by SELLER hereunder; orfailure of PURCHASER to obtain the items described in subparagraphs 5(a) and (C) below. All interest accruing on the Deposit, if any, shall be credited to the Party entitled to retain the Deposit in the event of the cancellation or termination hereof At closing the Purchase Price shall be payable in cash, less the Deposit and subject to prorations and adjustments set forth herein. Page 1344 of 1471 PURCTMSE AGRE EMO1NUROCK/0B E Page 2 of 15 W2114 MMUMMORM1114 11 t 5. CLOSING. The PURCHASER'S obligation to close on the purchase of the Property is contingent on the following: a) PURCHASER obtaining site plan approval from the City of Boynton Beach, Florida (the "CiW) to build 100 residential units on the Property for occupancy by low income households. b) Prior to the expiration of the "SAIL" Allocation Period (as hweinafter defined), PURCHASER receiving an invitation to credit underwriting for an award of State Apartment Incentive Loan ("SAIV) from the Florida Housing Finance Corpomfion fflorida Housing'); and T32MM 4 jV-1; ttw t�vy KA) tmz "yo twi I Xxi u,''M wto"MMY 8. CLOSING DATE. The Closing shal take place on February 28, 2017 at such I ocation to which the parties may mutually agree in writing. 8.1. C10999 Extension$ PURCHASER shall have the option to purchase from SELLER at any time prior to the Closing Date, one (1) six month extension of ffie Closing Date C'Closing Extension!) fbr the sum of Fifty Thousand Dollars and 00/100 ($50,000.00), which shall be non-reftmdable to PURCHASER except for SELLER'S default of which payments shall be applicable to the Purchase Price at Closing. 9. TITLE TO BE CONVEYED. At Closing, SELLER shall convey to PURCHASER, by Special Warranty Deed complying with the requirements of the Title Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple to the Property� free and clear of any and all hens, encumbrances, conditions, casements, assessments, restrictions and other conditions except only the following (collectively, the Page 1345 of 1471 PURCHASE AGREE, OBE Page 4 of ]5 Page 1347 of 1471 PURLmmE R "'1' Page 5 of 15 Page 1348 of 1471 PURCHASE A GREEWMIN TUROCKIOBE Page 6 of 15 12.5 AdItional DOOMe—ats. Such other documents as PURCHASER or the Title Company may reasonably request that SELLER execute and deliver, and any other 13® PRORATIONS CLOSING QOSTS AND CLOSNO PROCEDI TRBS. 14.2 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Prop=-ty, free and clear of all liens, Page 1349 of 1471 PURCFUSE AGREEMIM7WROCKIOBE Page 7 iof IS 15. 2 FAULT, Page 1350 of 1471 PURCHASE AGREEMENTINUROCK10BE Page 8 of 15 15.4 Sunival. The provisions of this Section 15 shall suMve the tmnlination of this Agreanent, 16. NOTICES. All notices required in this Agreement must be in Writing and shall be considered delivered when received by certified mail, reWm receipt requested, or personal delivery to the following addresm: If to Seller: Boynton Beach Community Redevelopment Agency Executive Director, Vivian L. Brooks 710 N. Federal Highway Boynton Beach, Florida 33435 With a copy to-, Kenneth Dodge, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 3 3401 If to Purcbaser: Oceen Breeze Housing Partners, LP Attention: Robby D. Block, Authorized Agmt for Partnership 8794 Boynton Beach Blvd., Suite 219 Boynton Beach, FL 33472 Telephone: (561) 990-2614 Facsimile: (678) 218-1520 Email: rblock@nurock.com If to Purchaser: The NuRock Companies Attmfion: Robert Hoskins 800 N. Point Parkway, Suite 125 AlphmvU GA 30005 Telephone: (770) 552-8070 Facsimile: (770) 552-8748 Email: With a copy to: Arnall Golden Gregory Attention: Mark Gould suite 2100 171 Seventeenth St. NW Atlanta, GA 30363-1031 Telephone: (4D4) 873-8782 Facsimile. (404) 873-8783 Email: Page 1351 of 1471 Page 1352 of 1471 MUM Page 1353 of 1471 PMCHASE, Page I I of 15 d) Submission, of cmtruction documents to the City for a building permit by January 31, 2018. Proof of permit application fees paid will be provided to the SELLER upon submission to the City. Upon City issuance of the building permit a copy will be provided to SELLER. e) Groundbreaking ceremony and commencement of construction shaU occur within two (2) months following the issuance of a building permit SELLER will be in iftendance at the ceremony and participate in its planning. f) Temporary or perrnanent certificate of occupancy to be provided within eighteen V 8) moriffis following building pennit issuance. UMMOMN Page 1354 of 1471 PUR,CH.ASE AGR7FF1a2U/NUROCK1OBE Page 12 of 15 23 5 Am&nhQL If any provision of this Agreement or the application thereof shall. r anv reason and to any =Lent be or 11 fox—ce MIM'"WIT7 61,11"Wim The provisions of this Section shall apply to any amendment of this Agreement. 23.6 Handwritten Provisiom Handwritten provisions inserted in this Agrement and initialed by SELLER and PURCHASER shall control aU printed provisions in conflict therewith. 23.7 Waiver of Jua Trial. As an inducement to PURCHASER aVveing to enter into this ApTement, PURCHASER and SELLER hereby waive trW by jury in any wtion or Proceeding brought by either party agamst the othet patty pertwmag to any matter whatsoever wising out of or in any way connected with this Ag=menf. 23.8 Attomevs Fees a -ad Costs. Should it be necessmy to bring an actim to enfurce any of the provisions of this. Agreement reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. "lI'tutM,�aults, ffi"INI Q1jJDJ7 Jfl JJ Page 1355 of 1471 PURCMASE AGREEMINTINUROCK10BE Pagel of 15 Page 1356 of 1471 FURCETASEAGREE M DW1.'!NUI?,j0CK./0BE Page 14 of 15 IN ATINESS WHEREOF, the Parfies have exwuted this A,gr=ncnt as of the Effective date. By. Print Name. Robby D. Block Title: Authmized Agent for Partnership Date: LTM7.7-M Approved w to fbrm and legal sufficiency.-, wwmwm BOYNTON BRACH COMMUNTIY REDEVELOPMENTAGENCY By:rem Print Name: Steven B. Grant Witness": Emm Page 1357 of 1471 PURC,,EEMEMr/1-RMO(,YJOBE Page 15 of 15 LEGAL DESCRPTION X mwilk NIK L 0 �Illlllllllllimiiiiiiiiillillillillillij Fill )nmwt mv MIT L �Lmv �i � i E 11 11 + 1 61 Lf, �m of Section 21, Township 45 South, Range 43 East� Less the South 125 fed diereof; Less parcels conveyed to the City of Boynton Bach by Official Records Book 852, Page 642 and LESS the right-of-way for "Seacrest Boulevard!' as shown on Road Plat Book 5, Page 182, according to the Plat thmwf, as recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County� Florida. Page 1358 of 1471 BOYNTON"e0all"i usiness, New Business ry („ Information O Ft l � X SUBJECT: Consideration of Purchase and Development Agreement between Ocean Breeze Housing Partners, LP (NuRock Development Partners, Inc.) and the CRA for the Ocean Breeze East Site in the Heart of Boynton SUMMARY: At the August 9, 2016 CRA Board meeting the CRA Board selected NuRock Development Partners doing business as the single asset entity, Ocean Breeze Housing Partners, LP to redevelop the CRA -awned property known as Ocean Breeze East. Ocean Breeze Housing Partners is offering the CRA $800,000 for the 4.5+1- acre vacant site at N.E. 7th Avenue and Seacrest. The property appraised at $1,440,000 in July 2016. NuRock operating as Ocean Breeze Housing Partners will apply to Florida Housing Finance Corporation (FHFC) for 4% low-income housing tax credits along with a State Apartment Incentive Loan (SAIL) in October 2016. FHFC will notify applicants by mid-December if their projects are qualified to receive funding. The FHFC funding application requires a local government contribution. The Board has agreed to the requested amount of $100,000. The attached Purchase and Development Agreement requires a $25,000 deposit which is refundable if the developer is not successful in being awarded funding for the project from FHFC. The development timeline in the Purchase and Development Agreement is a follows: Submission of application to the City for site plan approval within ninety (90) days following receipt of a binding commitment for SAIL and 4% tax credit allocation from FHFC. • Achievement of site plan approval from the City by October 30, 2017 • Approval of financing for the Project including the construction loan and permanent financing commitment in an amount sufficient to develop the Project by December 31, 2017. PURCHASER shall provide SELLER proof of financing for the Project. Submission of construction documents to the City for a building permit by January 31, 2018. Proof of permit application fees paid will be provided to the SELLER upon submission to the City. Upon City issuance of the building permit a copy will be provided to SELLER. Groundbreaking ceremony and commencement of construction shall occur within two (2) months following the issuance of a building permit. SELLER will be in attendance at the ceremony and participate in its planning. RD Temporary or permanent certificate of occupancy to be provided within eighteen (18) months following building permit issuance. T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglCRA Board\FY 2015 - 2016 Board Meetings\September 2016Wu Rock Purchase Agreement.docx Page 1359 of 1471 BOYNTON acy?� �k FISCALIMPACT: if funded by FHFC and developed, the project will have a taxable value of ip-ly $20,000,000 creating Tax Increment Fundingthe 000 CRA PLAN, PROGRAM OR PROJECT: Heart of Boynton Community Redevelopment Plan Update STAFF • 1 - the Purchase and DevelopmentAgreementthe ' and Ocean Vivi n L. Brooks Executive Director T:IAGENDAS, CONSENT AGENDAS, MONTHLY REPORTSICompleted Agenda Item Request Forms by MeetinglCRA BoardkFY 2016 - 2016 Board MeetingslSeptember 20161Nu Rock Purchase Agreement.docx Page 1360 of 1471 • V w ► sr ' � This Purchase and Development Agreement (hereinafter "Agreement") is made and entered into as of the Effective Date (hereinafter defined), by and between BOYNTON BEACH COMMUNITY REDEVELOPMENT public agency created pursuant to Chaptei 163, Part III, of d.(hereinafter' and OCEAN BREEZE PARTNERS, assignee(hereinaftertogether with the SELLER, the "Parties"). In consideration of TEN DOLLARS AND 00/100 DOLLARS ($10.00) and the mutual covenants and agreements herein set forth, the receipt and sufficiency of which is hereby acknowledged the Parties hereto agree as follows: 1. PURCHASE AND SALE/PROPERTY. SELLER agrees to sell and convey to PURCHASER and PURCHASER agrees to purchase and acquire from SELLER, on the terms and conditions hereinafter set forth, the real property legally described in Exhibit "A" attached hereto (hereinafter the "Property"). The Parties intend that the purchase and sale and ensuing redevelopment of the Property will be effected in order to reduce slum and blight and to enable the construction of a new housing community (the "Project") on the site of the former housing project known as Ocean Breeze East. 2. PURCHASE PRICE AND PAYMENT. The Purchase Price for the Property shall be EIGHT HUNDRED THOUSAND AND 00/100 DOLLARS ($800,000.00) to be paid in full at Closing. SELLER has complied with Section 163.380, Florida Statutes, in proceeding with the sale of the Property to PURCHASER. 3. DEPOSITS. An Initial Deposit in the amount of TWENTY-FIVE THOUSAND AND 001100 ($25,000.00) shall be deposited with Lewis, Longman & Walker, P.A. (hereinafter "Escrow Agent") within two (2) business days following execution hereof by the Parties. The Initial Deposit shall be fully refundable to PURCHASER, if prior to the expiration of the Feasibility Period (as hereinafter defined), the PURCHASER advises SELLER in writing that it does not intend to complete the purchase of the Property. 3.1 Second Deposit. An additional deposit in the amount of TWENTY-FIVE THOUSAND AND 00/100 ($25,000.00) which together with the Initial Deposit shall be referred to as the "Deposit" shall be deposited with the Escrow Agent, at the end of the Inspection Period. The Deposit shall be non-refundable to PURCHASER, except upon (i) failure by SELLER to satisfy any conditions precedent to closing; (ii) failure by PURCHASER to obtain an allocation of State Apartment Incentive Loan "SAIL", allocation of 4% housing credits and Palm Beach County Tax Exempt Bond (as described in Paragraph 6below); (iii) upon default by SELLER hereunder; or (iv) failure of PURCHASER to obtain the items described in subparagraphs 5(a) and (c) below. All interest accruing on the Deposit, if any, shall be credited to the Party entitled to retain the Deposit in the event of the cancellation or termination hereof. At closing, the Purchase Price shall be payable in cash, less the Deposit, and subject to proration and adjustments set forth herein. 00704556-I Page 1361 of 1471 Page 2• 15 5. CLOSING. The PURCHASER'S obligation to close on the purchase of th,-; Property is contingent on the following: a) PURCHASER obtaining site plan approval from the City of Boynton Beach, Florida (the "City") to build 100 residential -units on the Property for occupancy by low income households. b) Prior to the expiration of the "SAIL" Allocation Period (as hereinaftef defined), PURCHASER receiving an invitation to credit underwriting for an award of State Apartment Incentive Loan ("SAIL") from the Florida Housing Finance Corporation ("Flori&- Housing"); and c) Seller delivering marketable title to the Property subject only to those title 6xceptions acceptable to the PURCHASER, all as more specifically set forth herein. 6. STATE APARTMENT INCENTIVE LOAN, ALLOCATION OF 4% HOUSING CREDITS AND PALM BEACH COUNTY TAX EXEMPT BONDS APPLICATION PERIOD Lthe "Allocation"). Prior to the last date of the applicable Florida Housing Request for Applications, in response to which the PURCHASER submits an application for "Allocation" that includes this Agreement, which is estimated to be not later than October 31, 2016 (the "Allocation Application Period"). 7. ALLOCATION. PURCHASER shall have until February 28, 2017, in which to obtain the Allocation. The Allocation shall be evidenced by an invitation to credit underwriting issued by Florida Housing. In the event PURCHASER does not receive the Allocation and does 10 M M M WHO M M 8. CLOSING DATE. The Closing shall take place on February 28, 2017 at such location to which the parties may mutually agree in writing. 8-1. Closing Extensions. PURCHASER shall have the option to purchase fro SELLER at any time prior to the Closing Date, one (1) six month extension of the Closing Da ("Closing Extension") for the sum of Fifty rMousand Dollars and 00/100 ($50,000.00), whil shall be non-reffindable to PURCHASER except for SELLER'S default of which payments sh be applicable to the Purchase Price at Closing. 9. TITLE TO BE CONVEYED. At Closing, SELLER shall convey PURCHASER, by Special Warranty Deed complying with the requirements of the Titl,� Commitment (hereinafter defined), valid, good, marketable and insurable title in fee simple ti the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, restrictions and other conditions except only the following (collectively, thi 00704556-1 Page 1362 of 1471 Page 3 of 15 "Permitted Exceptions"): (a) general real estate taxes and special assessments for the yeary. Closing and subsequent years not yet due and payable; (b) covenants, conditions, easement dedications, rights-of-way and matters of record included on the Title Commitment or shown o the Survey (defined in Section 10.3), to which PURCHASER fails to object, or whi C, PURCHASER agrees to accept. 10. INTESTIGATIOA OF TAE PROPERTY. For a period until October 31, 2016 ("Feasibility Period"), PURCHASER and PURCHASER'S agents, employees, designees, Contractors, surveyors, engineers, architects, attorneys and other consultants (collectively, "Agents"), shall have the right, at PURCHASER'S expense, to make inquiries of, and meet with members of Governmental Authorities mgarding the ProiNi�* and to enter We on the Propnt-V at any time and from time to time with reasonable notice to SELLER and so long as said investigations do not result in a business interruption, to perform any and all physical tests, inspections, and investigations of the Property, including but not limited to Phase I and Phase II environmental investigations, which PURCHASER may deem necessary. During the Feasibility Period, PURCHASER may elect, in PURCHASER'S sole and absolute discretion, to terminate this Agreement. If PURCHASER elects to terminate this Agreement in accordance with this Section, PURCHASER shall: (i) leave the Property in substantially the condition existing on the Effective Date, subject to such disturbance as was reasonably necessary or convenient in the damage caused to the Property by PURCHASER'S testing and investigation; and (iii) release to SELLER, at no cost, all reports and other work generated as a result of the PURCHASER'S testing and investigation. PURCHASER hereby agrees to indemnify and hold SELLER harmless from and against all claims'. losses --expenses, demands and limited to, reasonable attorney's fees, for nonpayment for services rendered to PURCHASER (including, without limitation, any construction hens resulting therefrom) or for damage to persons or property (subject to the limitation on practicability provided above) arising out of PURCHASER'S investigation of the Property, PURCHASER'S obligations under this Section shall survive the termination, expiration or Closing of this Agreement. 10.1 Seller's Documents. SELLER shall deliver to PURCHASER thk following documents and instruments within five (5) days of the Effective Date of this Agreement: any existing title policies, appraisals, copies of any reports or studies (including environmental, engineering, surveys, soil borings and other physical reports) in SELLER'S possession or control with respect to the physical condition of the Property, copies of all pen -nits, authorizations and approvals issued by Governmental Authorities for the Property and any correspondence which discloses claims, allegations or adverse information regarding the Property or SELLER with respect to the Property. 10.2 Title Review. Within thirty (30) days of the Effective Date, PURCHASER's counsel, as closing agent for the transaction contemplated herein (the "Closing Agenf ') shall obtain, at the PURCHASER'S expense, from a Title Company chosen by PURCHASER (hereinafter "Title Companya Title Commitment covering the Property and proposing to insure PURCHASER in the amount of the Purchase Price subject only to the Permitted Exceptions, together with complete and legible copies of all instruments identified as conditions or exceptions in Schedule B of the Title Commitment. PURCHASER shall examine 0070455rM Page 1363 of 1471 PURCHASE AGREEMENTNUROCK/OBE Page 4 of 15 the Title Commitment and deliver written notice to SELLER no later than twenty (20) days after receipt of the Title Commitment notifying SELLER of any objections PURCHASER has to the condition of title (hereinafter "PURCHASER'S Title Objections"). If PURCHASER fails to deliver PURCHASER'S Title Objections to SELLER within the aforesaid review period, title shall be deemed accepted subject to the conditions set forth in the Title Commitment. If PURCHASER timely delivers the PURCHASER'S Title Objections, then SELLER shall have thirty (30) days to diligently and in good faith undertake all necessary activities to cure and remove the PURCHASER'S Title Objections (hereinafter "Cure Period"). Notwithstanding anything to the contrary in this Section, SELLER shall have an affirmative duty to satisfy all title requirements which are liquidated claims, outstanding mortgages, judgments, taxes (other than taxes which are subject to adjustment pursuant to this Agreement), or are otherwise curable by the payment of money without resort to litigation (collectively, the "Mandatory Objections"), which may, at SELLER'S election, be done at Closing by the Closing Agent's withholding of the applicable amount from the proceeds of sale. In the event that SELLER is unable to cure and remove, or cause to be cured and removed, the PURCHASER'S Title Objections which are not Mandatory Objections within the Cure Period to the satisfaction of PURCHASER, then PURCHASER, in PURCHASER'S sole and absolute discretion, shall have the option of (i) extending the Cure Period and the Closing for one additional thirty (30) day period at no cost to PURCHASER, or (ii) accepting the Title to the Property as of the time of Closing or (iii) canceling and terminating this Agreement, in which case, any Deposits shall be returned to PURCHASER and the Parties shall have no fin-thcr obligations or liability hereunder, except for those expressly provided herein to survive termination of this Agreement. Prior to the Closing, PURCHASER shall have the right to cause the Title Company to issue an updated Title Commitment ("Title Update") covering the Property. If any Title Update contains any conditions which did not appear in the Title Commitment, and such items render title unmarketable, PURCHASER shall have the right to object to such new or different conditions in writing prior to Closing. All rights and objections of the Parties with respect to objections arising from the Title Update shall be the same as objections to items appearing in the Title Commitment, subject to the provisions of this Section. 10.3 Surypy Review. PURCHASER, at PURCHASER'S expense, may If a current boundary survey (the "Survey") of the Property, indicating the number of ac comprising the Property to the nearest 1/100th of an acre. If the Survey discloses encroachmein on the Property or that improvements located thereon encroach on setback lines, easement lands of others or violate any restrictions, covenants of this Agreement, or applicab governmental regulations, the same shall constitute a title defect and shall be governed by provisions of Section.10.2 concerning title objections. 0 , 1 6V COX41 link 118yel 11.1 Representations and Warranties. All of the representations and warrantie2! of SELLER contained in this Agreement shall be true and correct as of Closing. 000455�1 Page 1364 of 1471 IMIM"* TIVAMAT"10=5 "AMM111TIOMMOV Page 5 of 15 11.2 Pending Proceedings. At Closing, there shall be no litigation administrative agency or other governmental proceeding of any kind whatsoever involving Property or the SELLER, pending or threatened, which has not been disclosed, prior to closin and accepted by PURCHASER. I 11.3 Compliance with Laws and Remulations. The Property shall be in com-.nliance with all aWIicable federal- state and local I requirements, licenses, permits and authorizations as of the date of Closing. 11.4 Construction Permit Approval. The SELLER will cooperate with thi PURCHASER with regard to signing and processing any applications and forms required by th,-.� City or other authorities having jurisdiction over the PROPERTY to obtain building permi) approval and such other design and construction documents as may be reasonably required by PURCHASER to permit the Project to be constructed and operated. The PURCHASER will b@ responsible for all costs associated with the formulation of the Project's design and construction documents as well any and all applicable permit fees associated with the Project. 12. CLOSING DOCUMENTS. The SELLER shall prepare, or cause to be prepared, the Closing Documents set forth in this Section, except for documents prepared by the Title Company. At Closing, SELLER shall execute and deliver, or cause to be executed and delivered to PURCHASER the following documents and instruments: 12.1 Deed and Authorizipg Resolutions. SELLER shall furnish a W Deed (the "Deed") conveying to PURCHASER valid, good, marketable and insurable fee simp title to the Property free and clear of all liens, encumbrances and other conditions of title o than the Permitted Exceptions, together with such resolutions or other applicable authorizi documents evidencing approval of the transaction by the SELLER's governing body as - Closing Agent and the title Company may require. 12.2 Seller's Affidavits. SELLER shall ftimish to PURC14ASER an owne J: affidavit attestini that, to the best of its knowledie, no indj6dual or-fff Jis, g3; cl aiw prai into documents affecting the Property after the last effective date on the Title Commitmeant, that there are no parties in possession of the Property other than SELLER. SELLER shall ail I a, ftmiish to PURCHASER a non -foreign affidavit with respect to the Property. In the evu SELLER is unable to deliver its affidavits referenced above, the same shall be deemed uncured Title Objection. 12.3 Closigg Statement. A closing statement setting forth the Purchase Price, all credits, adjustments and prorations between PURCHASER and SELLER, all costs ani expenses to be paid at Closing, and the net proceeds due SELLER, which SELLER shall also execute and deliver at Closing. 12.4 Corrective Documents. Documentation required to clear title to ths I'Toperty of all liens, encumbrances and exceptions, if any, other than Permitted Exceptions. Page 1365 of 1471 Page 6 of 15 12.5 Additional Documents. Such other documents as PURCHASER or Title Company may reasonably request that SELLER execute and deliver, and any o documents required by this Agreement or reasonably necessary in order to close this trarisacti and effectuate the terms of this Agreement. 1i 13. PRO RATIONS, CLOSING COSTS AND CLOSING PROCEDURES. 13.1 Prorations. Taxes for the Property shall be prorated through the d before Closing. Cash at Closing shall be increased or decreased as may be required prorations to be made through the day prior to Closing. Taxes shall be prorated base�d upon current year's tax with due allowance made for maximum allowable discount. If Closing occ at a date when the current year's millage is not fixed and current year's assessment is availabl. taxes will be prorated based upon such assessment and prior year's millage. If current year assessment is not available, then taxes will be prorated on prior year's tax. A tax proration bas on an estimate shall, at request of either party, be readjusted upon receipt of tax bill Whi discloses an actual difference in the amount of the taxes estimated at Closing that excee $1,000. 13.2 Closiqg Costs. SELLER shall pay for documentary stamps on the deed, recording the deed and any cost associated with curing title. Purchaser shall pay all other closing expenses. Each party shall be responsible for their respective attorneys' fees. 13.3 Closing Procedure. PURCHASER shall fund the Purchase Price subject to the credits, offsets and prorations set forth herein. SELLER and PURCHASER (as applicable) shall execute and deliver to the Closing Agent the Closing Documents. The Closing Agent shall, at Closing: (i) disburse the sale proceeds to SELLER; (ii) deliver the Closing Documents and a "marked -up" Title Commitment to PURCHASER, and promptly thereafter, record the Deed and kher recordable Closing Documents in the appropriate public records. 13.4 Existing Mortgages and Other Liens. At Closing, SELLER shall obtain, or cause to be obtained, satisfaction or release of record of all mortgages, liens and judgments applicable to and encumbering the Property. 14. REPRESENTATIONS, COVENANTS AND WARRANTIES. SELLER hereby represents, covenants and warrants to PURCHASER, as of the Effective Date and as of the Closing Date, as follows: 14.1 Authority. The execution and delivery of this Agreement by SELLER and the consummation by SELLER of the transaction contemplated by this Agreement are within SELLER'S capacity and all requisite action has been taken to make this Agreement valid and binding on SELLER in accordance with its terms. The person executing this Agreement on behalf of SELLER has been duly authorized to act on behalf of and to bind SELLER, and this Agreement represents a valid and binding obligation of SELLER. 14.2 Title. SELLER is and will be on the Closing Date, the owner of valid, good, marketable and insurable fee simple title to the Property, free and clear of all liens, 00704556-1 Page 1366 of 1471 Page 7 of 15 encumbrances and restrictions of any kind, except the Permitted Exceptions (and encumbrances of record which will be discharged at Closing). 14.3 Litigation. 'Mere are no actions, suits, proceedings or investigations pending or threatened against Seller or the Property affecting any portion of the Property, including but not limited to condemnation actions. 14.4 Parties in Possession. There are no parties other than SELLER in Loossession or with a right to possession of any portion of the Property. 14.4 Acts Affecting Prorpert . From and after the Effective Date, SELLE1;1' will refrain from (a) performing any grading, excavation, construction, or making any o change or improvement upon or about the Property; (b) creating or incurring, or suffering I exist, any mortgage, lien, pledge, or other encumbrances in any way affecting the Property oth than the Permitted Exceptions (including the mortgages, liens, pledges, and other encumbranc existing on the Effective Date) and (c) committing any waste or nuisance upon the Propert3 15. DEFAULT. 15.1 PURCHASER'S Default. In the event that this transaction fails to close due to a wrongful refusal to close or default on the part of PURCHASER, SELLER shall be entitled to retain the Deposit, and neither PURCHASER nor SELLER shall have any fin-ther obligation or liabilities under this A - eement ', exc:�yd for thos-4m �m)vluW� � termination of this Agreement; provided, however, that PURCHASER shall also be responsible for the removal of any liens asserted against the Property by persons claiming by, through or under PURCHASER. 15.2 SELLER'S Default. In the event that SELLER fails to fully and ely �re ei perform any of its obligations and covenants hereunder or if SELLER is in b a of representations herein, PURCHASER may, at its option (i) declare SELLER in default under Agreement in which event PURCHASER cimay terminate this Agreement, receive ba Deck i l' posit and neither party shall have any fin-ther rights hereunder or (ii) seek spe performance. 15.3 Notice of Default. Prior to declaring a default andexercising the l remei described herein, the non -defaulting Party shall issue a notice of default to the defaulting P describing the event or condition of default in sufficient detail to enable a reasonable person d' determine the action necessary to cure the default. The defaulting Party shall have fifteen (I days from delivery of the notice during which to cure the default, provided, however, that as to failure to close, the cure period shall only be three (3) business days from the delivery of notic Both Parties agree that if an extension is requested, such extension shall not be unreasonab withheld. If the default has not been cured within the aforesaid period, the non -defaulting P may exercise the remedies described above. 00704556-1 Page 1367 of 1471 r r t . # i Page of 15 15.4 Survival. The provisions of this Section 15 shall survive the termination of this Agreement. NOTICES.16. All notices requireda - ,i' • - in writing and shall be considered delivered when received by certified mail, return receipt requested, or personal ielivery to the following addresses: If to Seller: Boynton Beach Community Redevelopment Agency Executive Director, Vivian L. Brooks 710 N. Federal Highway Boynton Beach, Florida 33435 With a copy to: Kenneth Dodge, Esquire Lewis, Longman & Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 If to Purchaser: Ocean Breeze Housing Partners, LP Attention: Robby D. Block, Authorized Agent for Partnership 8794 Boynton Beach Blvd., Suite 219 Boynton Beach, FL 33472 Telephone: (561) 990-2614 Facsimile: (678) 218-1520 Email: rblock@nurock.com If to Purchaser: The NuRock Companies Attention: Robert Hoskins 800 N. Point Parkway, Suite 125 Alpharetta, GA 30005 Telephone: (770) 552-8070 Facsimile: (770) 552-8748 Email: With a copy to: Arnall Golden Gregory Attention: Mark Gould Suite 2100 171 Seventeenth St. NW Atlanta, GA 30363-1031 Telephone: (404) 873-8782 Facsimile: (404) 873-8783 Email: 00704556-1 Page 1368 of 1471 KIR 91 to 31 Igo N 02 M-5 Agreement are hereby made binding on, and shall inure to the benefit of, the successors and permitted assigns of the Parties hereto. SELLER may not assign its interest in this Agreement without the prior written consent of PURCHASER, which shall not be unreasonably withheld. 'Mis Agreement may be freely assigned by PURCHASER to an affiliated assignee of PURCHASER, and thereafter PURCHASER'S assignee shall be obligated to close the transaction contemplated herein as if such assignee were the original party to this Agreement. Any assignment by PURCHASER to an unrelated party shall be subject to the written approval of SELLER, which shall not be unreasonably withheld. is, moM ]ROM MMM44 NMI I I a —XV.-TEMEIR MIM C TMETTO arCfM1 Vi the Deposit and the parties shall have no finther obligations -under this agreement, or PURCHASER may accept the Property without any reduction in the value of the Property. in the event of the institution of any roceedilIgs by any Governmental Authori4 which shall relate S MM"M to the proposed taking ot any portion ot We Property by eminent domain prior to Gosing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, SELLER shall promptly notify PURCHASER and PURCHASER shall thereafter have the right and option to terminate this Agreement by giving SELLER written notice of PURCHASER's election to terminate within fifteen (15) days after receipt by PURCHASER of the notice from SELLER. SELLER hereby agrees to famish PURCHASER with written notice of a proposed condemnation within two (2) business days after SELLER's receipt of such notification. Should PURCHASER terminate this Agreement, the Deposit shall immediately be returned to PURCHASER and thereafter the Parties shall be released from their respective obligations and liabilities hereunder. Should PURCHASER elect not to terminate, the parties hereto shall proceed to Closing and SELLER shall assign all of its right, title and interest in all awards in connection with such taking to PURCHASER. 19. BROKER FEES. The Parties hereby confirm that neither of them has dealt with any broker in connection with the transaction contemplated by this Agreement. Each Party shall indemni defend and hold harml74*sd-w-x*1e1 !?TVM r ut A ��A f "M, -4 &T damages, costs or expenses (including, without limitation, attorney's fees) of any kind or character arising out of or resulting from any agreement, arrangement or understanding alleged to have been made by either Party or on its behalf with any broker or finder in connection with this Agreement. However, SELLER'S indemnification obligations shall not exceed the statutory limits provided within Section 768.28, Florida Statutes, and CRA does not otherwise waive its soverew immunit fights. The -orovisions of this Sec'in-t siall su-,vive Closi-T or bermivaii+-v vf 00 ;M 20. ENVIRONMENTAL CONDITIONS. To tile best of SELLER'S knowledge, &:- Property and the use and operation thereof are in compliance with all applicable county ani governmental laws, ordinances, regulations, licenses, permits and authorizations, including, without limitation, applicable zoning and environmental laws and regulations. 00704556-1 Page 1369 of 1471 Page 10 of 15 21. DE'T'F_L0P_AiELXZ4_1D SALE OF THE PROPERTY. SELLER antl PURCHASER acknowledge that the Property is being sold to PURCHASER for the sole purpos@ of developing a multi -family affordable development. SELLER DESIGN APPROVAL. The PURCHASER agrees that the SELLER shall have the right to reasonably approve the design of the Project. PURCHASER shall submit plans to the SELLER for review prior to submission to the City for approval. SELLERs rovi e comments or i"val of the -4 -1. MIll.- $,-D W- 1, 4JIMAZIM Motu is 1113 PIPM3511RI usi 249.9 21.2 REQWTWD PROJECT IMPROVEMENTS. PURCHASER shall incorporate the following design improvements into the Project: a) If requested or required by the SELLER, the Project may be designed to be a gated community to enhance the value of the Property. A decorative fence may be installed around the buildings comprising the Project to create an enclosed space. If requested or required by the SELLER, a mechanical gate may be installed at the entry and exit of the Project requiring proof of residency for entry. b) The Project shall have a 5' sidewalk constructed around the entirety of the Project within the public right-of-way. c). The Project shall have streetlights approved in design by the SELLER and City—, placed outside the perimeter of the Project in the City right-of-way at intervals according to the City code. d). The Project shall have trees in species and caliper approved by the City and SELLER installed outside the perimeter of the Project within the City right-of-way at intervals acceptable to the City and SELLER. 21.3 Limitation on Use of Property. SELLER acknowledges that the Property will be rezoned to Mixed -Use Low 2. CELLER upon completion of each action (collectively the "Project Elements"). a) Submission of application to the City for site plan approval within ninety (90) days following receipt of a binding commitment for SAIL and 4% tax credit allocation from FHFC. c) Approval of financing for the Project including the construction loan anM permanent financing commitment in an amount sufficient to develop the Project by Decemb 31, 2017. PURCHASER shall provide SELLER proof of financing for the Project. I 00?D455&-1 Page 1370 of 1471 ru I'mmm, Ww4"AmnIvAN49) surowmaimp 1*age 11 of 15 d) Submission of construction documents to the City for a building permit by January 31, 2018. Proof of permit application fees paid will be provided to the SELLER upon submission to the City. Upon City issuance of the building permit a copy will be provided to SELLER. e) Groundbreaking ceremony and commencement of construction shall occur within two (2) months following the issuance of a building permit. SELLER will be in attendance at the ceremony and participate in its planning. f) Temporary or permanent certificate of occupancy to be provided within eighteen (18) months following building permit issuance. 22.1 Default with Reg4Ed to Project Elements. If one or more of the requirc Project Elements is not achieved as required in this Section and/or if the timeline outlined her6 the reason or circumstances not under the control of PURCHASER that have preventc PURCHASER from meeting the timeline, and SELLER has not agreed in writing to the sarr and which aK# royal shall not be reasonablp withheld then fa�, if such events are conterx-ilated i, occur following the Closing but fail to occur as required, then the PURCHASER shall L required to reconvey the Property to the SELLER, this Agreement shall be terminated, at SELLER shall be released from any and all obligations under this Agreement and (b) if suc events are contemplated to occur prior to Closing but fail to occur as required, then it shall be default hereunder and treated as provided in Section 15, above. The parties understand and agn that in such instance SELLER shall be entitled to the Deposit in full and final satisfaction PURCHASER's obligations hereunder. SELLER agrees to work reasonably with PURCHASE. in working within the timeframes set forth above, but PURCHASER and SELLER agree & time is of the essence. 23.1 General. This Agreement, and any amendment hereto, may be executed any number of counterparts, each of which shall be deemed to be an original and all of whMi shall, together, constitute one and the same instrument. The section and paragraph headmi herein contained are for the purposes of identification only and shall not beconsidered i construing this Agreement. Reference to a Section shall be deemed to be a reference to the en " Section, unless otherwise specified. No modification or amendment of this Agreement shall of any force or effect unless in writing executed by Parties. This Agreement sets forth the en agreement between the Parties relating to the Property and all subject matter herein supersedes all prior and contemporaneous negotiations, understandings and agreements, wri e a 1 d e e nM in d I n d ritt or oral, between the Parties. This Agreement shall be interpreted in accordance with the laws j the State of Florida. The Parties hereby agree that jurisdiction of any gation brought arisin Ou out of this Agreement shall be in the Fifteenth Judicial Circuit in and for Palm Beach Co ni �d fefeeral jgi,-AfV* 4 t! t. acfil� MIAMIMs 0070455&1 Page 1371 of 1471 Page 12 of 15 23.2 LCpopputation of Time. Any reference herein to time periods which are not measured in business days and which are less than six (6) days, shall exclude Saturdays, Sundays and legal holidays in the computation thereof Any time period provided for in this Agreement which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the r1ext full business day. Time is of the essence in the performance of all obligations under this Agreement. Time periods commencing with the Effective Date shall not include the Effective [Fate in the calculation thereof. 23.3 Waiver. Neither the failure of a party to insist upon strict performance of any of the terms, provisions, covenants, agreements and conditions hereof, nor the acceptance of any item by a party with Imowledge of a breach of this Agreement by the other party in the performance of their respective obligations hereunder, shall be deemed a waiver of any rights or remedies that a party may have or a waiver of any subsequent breach or default in any of such terms, provisions, covenants, agreements or conditions. This paragraph shall survive termination of this Agreement and the Closing. 23.4 Construction of Agreement. The Parties to this Agreement, throu, counsel, have participated freely in the negotiation and preparation hereof. Neither Agreement nor any amendment hereto shall be more strictly construed against any of the Partie As used in this Agreement, or any amendment hereto, the masculine shall include the feminin the singular shall include the plural, and the plural shall include the singular, as the context ra require. Provisions of this Agreement that expressly provide that they survive the Closing sha. riot merge into the Deed. 23.5 Severabilfty. If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder *f isku-eemen nor e lication. of the rovision to oth M IM I M9 MNO 1, 1 71M- 23.6 Handwritten Provisions. Handwritten provisions inserted in this Agreern and initialed by SELLER and PURCHASER shall control all printed provisions in confli therewith. 11 23.7 Waiver of LM TriaL As an inducement to PURC14ASER agreeing to ent into this Agreement, PURCHASER and SELLER hereby waive trial by jury in any action proceeding brought by either party against the other party pertaining to any matter whatsoev] arising out of or in any way connected with this Agreement. 23.8 AttornM Fees and Costs. Should it be necessary to bring an action to enforce any of the provisions of this. Agreement, reasonable attorneys' fees and costs, including those at the appellate level, shall be awarded to the prevailing party. ao stat"Jill I ww&.0 Kyg� I I ul I 1W.1 makemn oil (12r.14KIM511ill18(gor.11YALA I oil 00704556-1 Page 1372 of 1471 Page 13 of 15 or on whose behalf he or she is signing with respect to all provisions contained in this Agreement. 23.10 No Recording. This Agreement shall not be recorded in the Public Records of Palm Beach County, Florida. 23.11 Survival. The covenants, warranties, representations, indemnities ant undertakings of SELLER set forth in this Agreement, shall survive the Closing, the delivery and recording of the Deed and PURCHASER'S possession of the Property. 23.12 SELLER Attorneys' Fees and Costs. SELLER acknowledges and agrees that SELLER shall be responsible for its own attorneys' fees and all costs, if any, incurred by SELLER in connection with the transaction contemplated by this Agreement. 23.13 Public Records. SELLER -is public agency subject to Chapter 119, Florida Statutes. The PURCHASER shall comply with Florida's Public Records Law. Specifically, the P1J-LCVASE.Wshd12 a. Keep and maintain public records that ordinarily and necessarily would be required by the SELLER in connection with this Agreement; b. Provide the public with access to such public records on the same terms and conditions that the SELLER 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; C. 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 d. Meet all requirements for retaining and providing public records and transfer to the SELLER, at no cost, all public records in possession of the PURCHASER 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 SELLER in a format that is compatible with the information technology systems of the SELLER. SELLER shall, upon request, provide guidance to PURCHASER as to the public records keeping and reporting duties that are imposed upon PURCHASER as provided above and shall take all steps reasonably required to assist PURCHASER in not violating them. The failure of PURCHASER to comply with the provisions set forth in this Agreement shall constitute a Default and Breach of this Agreement. If PURCHASER fails to cure the default within seven (7) days' notice from the SELLER the SELLER may terminate the Agreement. 00704556-1 Page 1373 of 1471 Page 14 of 15 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective date. U41,14-11 �fl LM Title: Authroized Agent for Partnership Date: Witnesses: 1-111 iplakyd a go] win I IRS 0061 a 09�� By: - - -------- -------- Print Name: Steven B. Grant Title: Chair Date: Witnesses: 00704556-1 Page 1374 of 1471 k y ■ 4. . !� • V Page of M Lots 3 throughBlock ', 1 2, in Block portion of o lyingand 2 West of the East right-of-way Book i. 182 and less a 20 footarea for road right-of-way. PALM BEi COUNTRY CLUB ESTATES, according to the Plat thereof, as recorded in Plat Book 11, Page 43, of the Public Records of Palm Beach County, Florida. -1 PCN — 08-43-45-21-00-000-0021 The South Half of the East Half of Lot of Subdivision of the West Half of the Southeast Quarter of Section 21, Township 45 South, Range 43 East, Less the South 125 feet thereof; Less parcels conveyed to the City of Boynton Bach by Official Records Book 852, Page 642 and LESS the right-of-way for "Seacrest Boulevard" as shown on Road Plat Book 5, Page 182, according to the Plat thereof, as recorded in Plat Book 1, at Page 4, Public Records of Palm Beach County, Florida. 00704556-1 Page 1375 of 1471 12. E. NEW BUSINESS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to the Youth Enrichment Association for Academics & Athletics - East Boynton Wildcats EXPLANATION OF REQUEST. The East Boynton Wildcats is a member of the Florida Youth Football League and offer unlimited youth football and cheerleading opportunities to children ages 4-14. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Budgeted ALTERNATIVES: Do not approve the request. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Reviewer City Clerk Foyle, Judith Assistant City Manager Howard, Tim Finance Howard, Tim Description Community Sopport Funds Request Form Action Date Approved 9/15/2016- 11:40 AKA Approved 9/15/2016 - 1:16 FOIA Approved 9/15/2016 - 1:16 FOIA Page 1376 of 1471 City Manager LaVerrier , Lori Approved 9/15/2016 - 4:42 PPA Page 1377 of 1471 EXHIBIT"A" COMMUNITY SUPPORT FUNDS REQUESTFORM 11 1 till" 1111MI-1.11 7111111F!11,311�� The annual appropriation of funds avail9ble to the requesting Member of the Commission listed above is $_2 j e-0 MUMFMr Tne requesting inmiler ot tne Uommission is 0• • = �ere are funds available as requested :1 There are insufficient funds available as requested Dated. By: all //—City Clerk Part III -Eligibility Evaluation L -�'Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City LVThe public purpose is beneficial to the entire community.. by such donation By: Vated Z(, Requesting Mefh�" the City Commission Page 1378 of 1471 12. F. NEW BUSINESS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve the request of Commissioner Romelus to distribute $500 to the Caridad Center. EXPLANATION OF REQUEST. The Caridad Center provides The Soup Kitchen feeding people in need no matter their particular circumstances. For 30 years the Caridad Center has operated on private donations and the work of caring volunteers to provide Social Services to those in need. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Budgeted ALTERNATIVES: Do not approve request. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Reviewer City Clerk Foyle, Judith Assistant City Manager Howard, Tim Finance Howard, Tim Description Community Support Funds Request Forms Action Date Approved 9/15/2016- 11:14 AM Approved 9/15/2016 - 1:14 Pl\A Approved 9/15/2016 - 1:14 Pl\A Page 1379 of 1471 City Manager LaVerrier , Lori Approved 9/15/2016 - 4:41 PPA Page 1380 of 1471 EXHIBIT"A" COMMUNITY SUPPORT FUNDS REQUESTFORM i 1!111111 1 1 llili�=11111111111 1111 EM=l Part 11 - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $ The balanqe of funds available for the requesting Member of the Commission is $ Accordingly: .&--Thhere are funds available as requested 0 There are insufficient funds available as requested Dated:_By: —City Clerk e�l' Part III -Eligibility Evaluation ublic funds will not be used to improve private property unless there is a clear public need, purpose and benefit E�-' The recipient/payee provides services within the City ,:The public purpose is beneficial to the entire community by such donation Dated: y: IV Requesting Mem "'6"City Commission I Page 1381 of 1471 Navigation -® 'IN,e come to The Soup Kchet-j. MAKE A DONATION and... thank you for visiting our website! We are very proud of the work we do at The Soup Kitchen of Boynton Beach — feeding people in need no matter their particular circumstances. For 30 years, we have relied entirely on private donations and the work of caring volunteers. The Soup Kitchen operates efficiently and continues to meet the increased demand as hundreds line up for a hot meal each day. While we are fortunate to be part of a generous and supportive community, the num of people needing assistance continues to grow. Our economic environment coupled with cut-backs in many government programs has created more demand than ever before on community-based organizations. +. . �4 + Y We sorely need. your help! Please consider joining us in our cause by making a contribution of food, baby supplies, your time and/or much needed funds. God Bless! Fnriqueuanetto Executive Director Now Available! vlEALS WHEELS GE`s INVOLVED id's t:�f i VOLUNTEERS The Soup Kitchen Stith Anni... IN Page 1382 of 1471 12.G. NEW BUSINESS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to the Marie Louise Community Foundation, Inc. for the October 1, 2016 Breast Cancer Awareness Walk and Health Fair. EXPLANATION OF REQUEST. The Marie Louise Community Foundation Inc. is dedicated to educating and providing services and assistance to the medically underserved, uninsured and under -privileged cancer patients and their families. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Budgeted ALTERNATIVES: Do not approve the request. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department City Clerk Assistant City Manager Description Community Support Funds Request Forms Reviewer Action Date Foyle, Judith Approved 9/15/2016 - 12:03 FSM Howard, Tim Approved 9/15/2016 - 1:17 FSM Page 1383 of 1471 Finance Howard, Tim Approved 9/15/2016 - 1:17 PPA City Manager LaVerrier , Lori Approved 9/15/2016 - 4:42 PPA Page 1384 of 1471 EXHIBIT "A55 COMMUNITY SUPPORT FUNDS REQUESTFORM Date of Request: WI21016 Requested by Mayor/Commissioner: . - ,11. [Z1_Z-1W'L1S Amount Requested: 500 Recipient/Payee: Ngl'e_ Description of pp'ect, pro ram or activity to be funded: il!''ll ;Ilil pj, The annual appropriation of funds available to the requesting Member of the Commission listed above is The balance of funds available for the requesting Member of the Commission is k4�There are funds available as requested 0 There are insufficient funds available as request to l5" By: City Clerk Part III -Eligibility Evaluation �i✓--Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit lk The recipient/payee provides services within the City 0, -The public purpose is beneficial to the entire community s ed y such donation Dated:— By; Requesting Memb r of the City Commission Page 1385 of 1471 C The t,,11iL' OU'U E.° CanCer Fourdatknn is a nonprofit 501(C) (3) organization dedicated to educating and providing the necessary services and assistance to the medically underserved, uninsured and under -privileged cancer patients and their families in the South Florida area in hopes of reducing the incidence and death rate from cancer and other related diseases affecting the minority community. Over the years, MLCF has partnered with numerous organizations and has engaged the South Florida community through Outreach and Educational Programs and Family Services. Page 1386 of 1471 12. H. NEW BUSINESS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to Growing Strong Ministries, Inc. for their Thanksgiving food drive. EXPLANATION OF REQUEST. The Growing Strong Ministries is based in Palm Beach County and Haiti working to strengthening their communities by improving the life of families through education and social services. Their goal is to empower people and improve lives. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Budgeted ALTERNATIVES: Do not approve request. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Reviewer City Clerk Pyle, Judith Assistant City Manager Howard, Tim Finance Howard, Tim Description Community Support Funds Request Forms Action Date Approved 9/15/2016 - 12:13 PM Approved 9/15/2016 - 1:15 PM Approved 9/15/2016 - 1:16 PM Page 1387 of 1471 City Manager LaVerrier , Lori Approved 9/15/2016 - 4:42 PPA Page 1388 of 1471 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUESTFORM Summary f Request o be completed by Cityle Part 11- Availability of funds The balance of funds available for the requesting Member of the Commission is Page 1389 of 1471 12.1. NEW BUSINESS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve the request of Commissioner Katz to distribute $1,000 of his Community Support Funds to the Boynton Beach High School for the Homeless Teen Inside Out Project Exhibition. EXPLANATION OF REQUEST. The Inside Out Project provides assistance for displaced teens attending Boynton Beach Community High School with food, clothing, shelter, school supplies and personal needs. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Budgeted ALTERNATIVES: Do not approve request. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Reviewer City Clerk Pyle, Judith Assistant City Manager Howard, Tim Finance Howard, Tim Description Community Support Funds Request Forms Action Date Approved 9/16/2016 - 10:43 AM Approved 9/16/2016 - 10:67 AM Approved 9/16/2016 - 10:67 AM Page 1390 of 1471 City Manager LaVerrier , Lori Approved 9/15/2016 - 4:41 PPA Page 1391 of 1471 I U i V I h ew"'t if ir i fl'Ui ujotvi. (fie be torap lemur! Uy City. Unrl!;) Date of Request: Requested by Mayor/Comi-nissioner: Amoujit Reque,01ted: Recipient/Payes. Dcvc tion of Project, J-wogrvar" or activity ccs P84 i" 11 -AVSHEIL41117 of funde The annual appropriation of funds available to the requesting Member of the G(Drnmission listed above il!: t'; The balance of funds available for the requesting Member of the Commission is C� Accordingly: rhere are fundr, available as requested There are insufficient Bands available as reques, d Fly: 7�Lc t-'Iublic funds will not be used to iinprove private propeily unless there is i re8f public need, purpose and benefit The recipient/pEyee provides seivices within the CRy The public purpose j-11, bene -ficial tO the enil" - n, uf lKy S2iver- by Sud i doriation D"Eted: ply//4- BY.— RL tssti i i -k --I - lk""-i of t4l) c4s, CA Page 1392 of 1471 12.J. NEW BUSINESS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve the request of Commissioner Katz to distribute $1,000 of his Community Support Funds to Abbey's Angels. EXPLANATION OF REQUEST. Abbey's Angels helps students deemed homeless at Crosspointe Elementary School by providing them with small rolling suitcases filled with essential items like school supplies, toiletries and comfort items. The suitcases cater to the student's physical, educational and emotional well being. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT. Budgeted N/A ALTERNATIVES: Do not allow request. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department City Clerk Finance City Manager Description Community Support Funds Request Forms Reviewer Action Date Foyle, Judith Approved 9/16/2016 - 10:19 AIV Howard, Tim Approved 9/16/2016 - 10:37 AIV LaVerriere, Lori Approved 9/16/2016 - 4:41 Pl\A Page 1393 of 1471 Page 1394 of 1471 4V k -, t- i;k Date of Request: 9 616 Requested by�Az, Arnount Requested: ll '0 (30 Re-cipian't/flayep: es,cription of projeu", progri.mi, L) 01 ;;!(Aivitylto "J., Pm is If - fnWILlbilfty *'I iundu The annual appropriation of funds available to tha requesting Member of the Gummismion listed above it; 7- Yhe bEilance of funds available for thee requesting Member of the Commission is $4 /-IV I ib --There are funds available. as requested There aro insufficient funds &vvilabls as reque d A cd, Public funds will not be used to improve privzie propcuiy unless there is a cloor public need, pui,purse and benefit The public purpoee it benefici&4" to the exit' �-� Iffl-flu fty served b uch donation 7 Dated:.. --)./ 1-3y:- 7--- C--- "I ii lof Ki flic, City Comimcezilon "1 14-11, Page 1395 of 1471 12. K. NEW BUSINESS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve the request of Commissioner Casello to distribute $1,000 of his Community Support Funds to the GBDC Entrepreneurship Institute. EXPLANATION OF REQUEST. GBDC Entrepreneurship Institute raises funds for the development of youths residing in Boyntin Beach. Programs are designed to focus on curing economic development challenges such as, job creation, financial literacy, and school dropout prevention. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted Expand $1,000 of Commissioner Casello's Community Support Funds that were budgeted in the 2015/2016 fiscal year. ALTERNATIVES: Do not allow STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Other REVIEWERS: Department City Clerk Description Community Support Funds Request Reviewer Action Date Pyle, Judith Approved 9/15/2016 - 10:12 AIV Page 1396 of 1471 Finance Howard, Tim Approved 9/15/2016 - 10:37 AM City Manager LaVerrier , Lori Approved 9/15/2016 - 4:42 PM Page 1397 of 1471 COMMUNITY SUPPORT FUNDS REQUESTFORM Date of Request: Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $g The balance_,of funds available for the requesting Member of the Commission is $ A Accordingly: here are funds available as requested There are insufficient funds available as requested Dated: ' By: City Clerk Part III -Eligibility Evaluation ublic funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City P --"the public purpose is beneficial to the ntire community served by such donation Dated: i By A } .,. Req sting Member of the City Commission Page 1398 of 1471 e ', 3 „ $z� 4�w Sro r�4 . ,g 1@ � 1,� r S [ t' , �,w'., to July 19, 2016 �,, � rl e Dear The GBDC Entrepreneurship Institute would like to request your support for the following programs. All proceeds will be allocated to the development of Youths residing in Boynton Beach. Programs are designed to focus on curing economic development challenges such as, job creation, financial literacy, and school dropout prevention. YCd—Preneur Leadership Academy (Age 9-15) This program is a full day program during which participants run their city. The program is an experiential learning program where participants learn in three parts, through role-play of running the city, field trips to actual community organizations and through speakers who visit the program. The program is held one week over spring break one great week over winter break and two weeks over the summer. The cost for this program is $125 per week. Depending on grant funding occasionally we do have a limited number of scholarships, available on a first come first serve basis. Youth Entrepreneurship Training & Business Plan Competition (Age 16-21) This program is typically held during the summer for 6 to g weeks depending on funding for ages 16 to 21. The participant spent two nights each evening from 6 to 9 PM learning how to start a business, writing a business plan participating in Shark Tank exercises and other group activities. In addition, the participants learn real world practical life skills designed to encourage fiscal responsibility. The participants also spend one eight hour day at an internship site in the community. The program ends with a graduation and a business plan competition where participants present their business plan to a group of judges and is awarded a certificate and a monetary prize up to $500. Future Women Erutr°epreneurrs & Leaders (Iremalle High School Juniors & Seniors) The future female entrepreneurs and leaders program is for high school female juniors and seniors. The program begins with eight week Training course participants are taught the fundamentals of starting their own, business write a business plan, life skills and leadership skills; after which the participants then set up and run their own business that is incubated by GB®CEI. In addition, the participants learn real world practical life skills designed to encourage fiscal responsibility. This is a job creation focused program and participants are paid wages for their role in the business. Salaries are based on sales and profitability of the company. Salaries are based on sales and profitability of the company. StartUp-Md Soelal EIA nterprNe (Ages 15-21) The Startup Kid social enterprise, ages 15 to 21, groups of participants learn how to start a business create, a business and run a business. The participants are paid salaries for their role in the business and the business is incubated at GBDCEI. Salaries are based on sales and profitability of the company. Thank you for your support 1 Annette Gray Page 1399 of 1471 12. L. NEW BUSINESS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve the request of Commissioner Casello to distribute $1,000 of his Community Support Funds to the East Boynton Wildcats for travel and lodging for the annual cheerleading competition. 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: ATTACHMENTS: Type D Attachment REVIEWERS: Department Reviewer City Clerk Foyle, Judith Assistant City Manager Howard, Tim Finance Howard, Tim City Manager LaVerriere, Lori Description Community Support Funds Request Forms Action Date Approved 9/16/2016 - 12:20 FOIA Approved 9/16/2016 - 1:16 FOIA Approved 9/16/2016 - 1:16 FOIA Approved 9/16/2016 - 4:41 FOIA Page 1400 of 1471 Page 1401 of 1471 I rr ZoOMMUNITY SUPPORT FUNDS REQUESTFORM Date of Request: Requested by Mayor/Commissioner: Amount Requested: Recipient/Payee: Description of project, program, or activity to R � LLlc '� funded: The annual appropriation of funds available to the requesting Member of the Commission listed above is $ The balance of funds available for the requesting Member of the Commission is $ Accordingly: here are funds available as requested ❑ There are insufficient funds available as reque d Dated: / gy: _(_Jk_'4 CityClerk t Part III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City The public purpose is beneficial to the oLeco uni erved by such donation Dated: ` 1 By: Req sting Member of the City Commission S:\CC\WP\COMMUNITY INVESTMENT FUNDS\Community_Support_Funs_Policy.2015.doc Page 1402 of 1471 12. M. NEW BUSINESS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Approve the request of Mayor Grant to distribute $750 of his Community Support Funds to the GBDC Entrepreneurship Institute. EXPLANATION OF REQUEST. GBDC Entrepreneurship Institute has an emphasis on youth to aid in reducing school drop out rates and increase leadership skills and job creation through training, business, coaching and technical assistance. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT. Budgeted ALTERNATIVES: Do not approve request. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment REVIEWERS: Department Reviewer City Clerk Foyle, Judith Assistant City Manager Howard, Tim Finance Howard, Tim Description Community Support Funds Request Forms Action Date Approved 9/15/2016 - 2:54 FSM Approved 9/15/2016 - 3:00 FSM Approved 9/15/2016 - 3:00 FSM Page 1403 of 1471 City Manager LaVerrier , Lori Approved 9/15/2016 - 4:42 PPA Page 1404 of 1471 aagza=Ao 0 0 0 Zf#]1jz:1AFzr#1. -A " Part I - Summary of Request (to be completed by City Clerk) Date of Request: September 15, 2016 R15-055 Requested by Mayor/Commissioner: Mayor Steven B. Grant Amount Requested: $ 750.00 Recipient/Payee: GBDC Entrepreneurship Institute Description of project, program, or activity to be funded: Entreprenuers through training, business, coaching, and technical assistance. Emphasis is on youth to aid reducing school drop out rates and increase leadership skills and job creation Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is The balance of funds available for the requesting Member of the Commission is Accordingly: Here are funds available as requested There are insufficient funds available as requested Dated: / / By: City Clerk Part III -Eligibility Evaluation 2 Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit Y The recipient/payee provides services within the City C The public purpose is beneficial to the entire community served by such donation Dated: 9/15/2016 By:. t Requesting Member of the City Commission Page 1405 of 1471 14.A. LEGAL 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-020 - FIRST READING - Amending Chapter 18, Article IV of the Boynton Beach Code of Ordinances entitled Pension for Firefighters. (To be heard on October 4, 2016 to allow 10 days notice from the first reading as required by Statute) EXPLANATION OF REQUEST: The Board of Trustees of the Firefighters Pension Trust Fund discussed and recommended at their February 3, 2016 meeting (minutes attached, see pages 8 & 9) that their attorney draft an ordinance to implement a DROP loan program for members who have separated from service. The proposed ordinance creates a new section 18-193 of the City Code entitled "Firefighter DROP Loan Program". This program would be available to members after termination of employment and is made from the member's own account. Members utilizing this program will be charged interest on the balance being paid back and will not receive DROP interest credits on outstanding loan balances. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? According to Gabriel Roeder Smith & Company (GRS), the plan's actuary the changes provided for in this ordinance will not have an actuarial impact on the cost of the plan in a letter dated April, 27, 2016 (see attached). FISCAL IMPACT. Non -budgeted In the opinion of the Pension Plan's actuary, the amendment will have no actuarial impact on the Pension Plan. ALTERNATIVES: Do not approve the ordinance. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1406 of 1471 ATTACHMENTS: Type D Ordinance D Attachment D Attachment REVIEWERS: Department City Clerk Description Ordinance creating Firefighter DROP Plan Loan Program Actuary-GRS Letter Fire Pension Minutes 2-3-16 Reviewer Action Date Pyle, Judith Approved 9/15/2016 - 12:57 PPA Page 1407 of 1471 I ORDINANCE NO. 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH 4 AMENDING CHAPTER 18, ARTICLE IV, PENSIONS 5 FOR FIREFIGHTERS; CREATING A NEW SECTION 6 18-193 PROVIDING FOR A DROP LOAN PROGRAM; 7 PROVIDING FOR CONFLICTS, SEVERABILITY, 8 CODIFICATION AND AN EFFECTIVE DATE. 9 10 WHEREAS, Ordinance 00-13 created a DROP program for Firefighters, which is 11 currently codified in Section 18-222 of the City Code; 12 WHEREAS, the Internal Revenue Code permits the establishment of qualified DROP 13 loan programs; 14 WHEREAS, the Board of Trustees of the Boynton Beach Firefighter Pension Trust 15 Fund has recommended the creation of a DROP loan program; 16 WHEREAS, the membership would be required to defray the administrative costs of 17 the DROP loan program; 18 WHEREAS, the City Commission of the City of Boynton Beach, desires to amend 19 Chapter 18 of the Code of Ordinances of the City to provide for DROP loan program for 20 firefighters; 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA: 23 Section 1: The foregoing "Whereas" clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2: Section 18-193, DROP Loan Program, is hereby created to read as 26 follows: 27 {00070565.RTF;1 } Page 1408 of 1471 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Section 18-193 - Firefighter DROP Loan Program W A DROP Loan program is hereby established for firefighters. Availability of loans. a. Loans are available to members only after termination of employment, provided the member had participated in the DROP for a period of 12 months. b. Loans may only be made from a member's own account. c. There may be no more than one loan at a time. f 3j Amount of loan. a. Loans may be made up to a maximum of 50% of account balance. b. The maximum dollar amount of a loan is $50,000, reduced by the highest outstanding loan balance during the last 12 months. C. The minimum loan is $5,000. Limitations on loans shall be made from the amounts paid into the DROP and the earnings thereon. f 5j Term of loan. a. The loan must be for at least one year. b. The loan shall be no longer than five years. fo Loan interest rate. a. The interest rate shall be fixed at time the loan is originated for the entire term of loan. b. The interest rate shall be equal to the prime rate published by an established local bank on the last day of each calendar quarter preceding the date of loan application. Defaults on loans. a. Loans shall be in default if two consecutive months' repayments are missed or if a total of four months' rebavments are missed. 00070565.RTF;l {00070565.RTF;1 12 Page 1409 of 1471 71 b. Upon default, the entire balance becomes due and payable immediately. 72 73 C. If a loan in default is not repaid in full immediately, the loan may be canceled 74 and the outstanding balance treated as a distribution, which may be taxable. 75 76 d. Upon default of a loan, a member will not be eligible for additional loans. 77 78 (8) Miscellaneous provisions. 79 80 a. All loans must be evidenced by a written loan agreement signed by the 81 member and the Board of Trustees. The agreement shall contain a promissory 82 note. 83 84 b. Notice of a loan shall be provided to a member's spouse, including a copy of 85 the promissory note. 86 87 C. Loans shall be considered a general asset of the fund. 88 89 d. Loans shall be subject to administrative fees to be set by the Board of Trustees. 90 91 e. Outstanding loan balances shall not be credited with earnings or losses. As the 92 outstanding balance is repaid with interest, earnings and losses shall be applied 93 to the payments and interest on a quarterly basis. 94 95 Section 3: That all ordinances or parts of ordinances in conflict herewith be and 96 the same are hereby repealed. 97 Section 4: Should any section or provision of this ordinance or portion hereof, any 98 paragraph, any sentence, or word be declared by a court of competent jurisdiction to be 99 invalid, such decision shall not affect the remainder of this ordinance. loo Section 5: Authority is hereby granted to codify this ordinance. 101 Section 6: This ordinance shall become effective immediately upon passage. 102 FIRST READING this day of , 2016. 103 00070565.RTF;l {00070565.RTF;1 13 Page 1410 of 1471 104 SECOND, FINAL READING AND PASSAGE this 105 2016. 106 107 CITY OF BOYNTON BEACH, FLORIDA 108 109 110 111 Mayor — Steven B. Grant 112 113 Vice Mayor — Mack McCray 114 115 Commissioner — Justin Katz 116 117 Commissioner — Christina L. Romelus 118 119 Commissioner — Joe Casello 120 121 122 VOTE 123 124 ATTEST: 125 126 127 128 Judith A. Pyle, CMC 129 Interim City Clerk 130 131 132 133 (Corporate Seal) {00070565.RTF;1 14 00070565.RTF;l day of YES NO Page 1411 of 1471 Gabriel Roeder Smith & Company One Fast Broward Blvd. 954.527.1616 phone GRS Consultants & Actuaries Suite 505 954.525.0053 fax Ft. Lauderdale, FL 33301-1504 www.gabrielroeder.com April 27, 2016 CONFIDENTIAL Ms. Barbara La Due Pension Administrator Renaissance Executive Suites 1500 Gateway Blvd. Suite 220 Boynton Beach, Florida 33426 Re: City of Boynton Beach Municipal Firefighters' Pension Trust Fund Dear Barbara: As requested, we have reviewed the proposed ordinance received on April 13, 2016, which would amend the City of Boynton Beach Municipal Firefighters' Pension Trust Fund (Plan). This ordinance would amend the Fund by creating a new Section 18-193, "Firefighter DROP Loan Program", to allow members who have separated from service to take a loan from their own DROP accounts. In our opinion, these changes will not have an actuarial impact on the cost of this Plan. Members utilizing the DROP Loan program will be charged interest on the balance being paid back and will not receive- DROP interest credits on outstanding loan balances. Also, members will be charged for applicable administrative fees. Therefore, we do not believe this program will have any actuarial impact on the Plan. It is our opinion that a fon-nal Actuarial Impact Statement is not required. A copy of this letter along with the proposed ordinance should be sent to the Bureau of Local Retirement Systems. Peter N. Strong is a member of the American Academy of Actuaries and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. Mr. Strong is independent of the plan sponsor. We welcome your questions and comments. Respectfully submitted, Peter N. Strong, FSA Senior Consultant and Actuary cc: Adam Levinson Enclosures This communication shall not be construed to provide tax advice, legal advice or investment advice. Page 1412 of 1471 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOYNTON BEACH AMENDING CHAPTER 18, ARTICLE IV, PENSIONS FOR FIREFIGHTERS; CREATING A NEW SECTION 18-193 PROVIDING FOR A DROP LOAN PROGRAM; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, Ordinance 00-13 created a DROP program for Firefighters, which is currently codified in Section 18-222 of the City Code; WHEREAS, the Internal Revenue Code permits the establishment of qualified DROP loan programs; WHEREAS, the Board of Trustees of the Boynton Beach Firefighter Pension Trust Fund has recommended the creation of a DROP loan program; WHEREAS, the membership would be required to defray the administrative costs of the DROP loan program; WHEREAS the City Commission of the City of Boynton Beach, desires to amend Chapter 18 of the Code of Ordinances of the City to provide for DROP loan program for firefighters; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: Section l: Section 18-193, DROP Loan Program, is hereby created to read as follows: Section 18-193 - Firefighter DROP Loan Program f 00070565.RTF;1) Page 1413 of 1471 (1) A DROP Loan program is hereby established for firefighters. (2) Availability of loans. a. Loans are available to members only after termination of employment, provided the member had participated in the DROP for a period of 12 months. b. Loans may only be made from a member's own account. C. There may be no more than one loan at a time. (3) Amount of loan. a . Loans may be made up to a maximum of 50% of account balance. b. The maximum dollar amount of a loan is $50,000, reduced by the highest outstanding loan balance during the last 12 months. C. The minimum loan is $5,000. (4) Limitations on loans shall be made from the amounts paid into the DROP and the earnings thereon. (5) Term of loan. a. The loan must be for at least one year. b. The loan shall be no longer than five vears. (6) Loan interest rate. a. The interest rate shall be fixed at time the loan is originated for the entire term of loan. b. The interest rate shall be equal to the prime rate published by an established local bank on the last day of each calendar quarter preceding the date of loan application. (7) Defaults on loans. a. Loans shall be in default if two consecutive months' 00070565.RTF;l repayments are missed or if a total of four months' repayments are missed. {00070565.RTF;1 }2 Page 1414 of 1471 b. Upon default, the entire balance becomes due and payable immediately. C. If a loan in default is not repaid in full immediately, the loan may be canceled and the outstanding balance treated as a distribution, which may be taxable. d. Upon default of a loan, a member will not be eligible for additional loans. (8) Miscellaneous provisions. a. All loans must be evidenced by a written loan agreement signed by the member and the Board of Trustees. The agreement shall contain a promissory note. b. A member's spouse must consent in writing to the loan. The consent shall acknowledge the effect of the loan on the member's account balance. C. Loans shall be considered a general asset of the fund. d. Loans shall be subject to administrative fees to be set by the Board of Trustees. e. Outstanding loan balances shall not be credited with earnings or losses. As the outstanding balance is repaid with interest, earnings and losses shall be applied to the pavments and interest on a quarterly basis. Section 2: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3: Should any section or provision of this ordinance or portion hereof, any paragraph, any sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 4: Authority is hereby granted to codify this {00070565.RTF;1 }3 00070565.RTF;l Page 1415 of 1471 ordinance. Section 5: This ordinance shall become effective immediately upon passage. FIRST READING this day of SECOND, FINAL READING AND PASSAGE this 2016. CITY OF BOYNTON BEACH, FLORIDA MAYOR VICE MAYOR COMMISSIONER COMMISSIONER COMMISSIONER ATTEST: CITY CLERK ( CORPORATE SEAL) {00070565.RTF;1 }4 00070565.RTF;l 2016. day of Page 1416 of 1471 MINUTES OF THE BOYNTON BEACH FIREFIGHTERS' PENSION FUND QUARTERLY BOARD MEETING HELD ON WEDNESDAY, FEBRUARY 3, 2016, AT 9:00 A.M. AT RENAISSANCE COMMONS EXECUTIVE SUITES, CONFERENCE ROOM 1, 1500 GATEWAY BLVD, SUITE 220, BOYNTON BEACH, FLORIDA PRESENT: Luke Henderson, Chair Barbara LaDue, Pension Administrator Helen "Ginger" Bush Adam Levinson, Board Counsel Matthew Petty Jonathan Raybuck Robert Taylor Interim Fire Chief Greg Hoggatt, Ex -Officio member I. CALL TO ORDER — Luke Henderson, Chairman Chair Henderson called the meeting to order at 9:08 a.m. II. AGENDA APPROVAL Chair Henderson moved Item C, IV. Financial Reports, Audit Report, to the beginning of the agenda and announced at 10 a.m., a disability applicant will be present for Item B, VII, New Business, Application for Disability Retirement. When the Trustees finish the item under discussion, they would discuss the disability item. Motion Mr. Taylor moved to approve the agenda as amended. Mr. Petty seconded the motion that unanimously passed. III. APPROVAL OF MINUTES — Quarterly Meeting 11-04-2015 Motion Mr. Taylor moved to approve the minutes. Mr. Raybuck seconded the motion that unanimously passed. Chair Henderson explained Chief Carter, the ex officio member retired and Greg Hoggatt, Interim Fire Chief was sitting in his stead. IV. Financial Reports C) Davidson, Jamieson & Cristini — Richard Cristini, CPA, CGFM & Jeanine Bittinger, CPA 1) Audit Report/ Financial Statements for PYE 9-30-2015 (Heard out of order) Page 1417 of 1471 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 Richard Cristini, Davidson, Jamieson and Cristini, was present with Jeannine Bittinger, CPA. Mr. Cristini reviewed the statement of fiduciary net position. Liabilities, accounts payable and broker dealer payables were up about $2 million from the year before. The net position for pensions was $80,406,693 versus $78,279,091 in 2014. Assets working for the Plan to cover costs increased, but not as much as last year. Employer contributions were up and member contributions were the same as last year. Plan member buy backs decreased and rollovers to DROP decreased. Total contributions were $5.3 million and $5.1 million the prior year. Excise rebate monies were down slightly. Total investment income was $571,346 versus $7.4 million in 2014. Investment expenses were on par, and the net investment income was $282,853 versus $7,187,580 in 2014. Total additions to the Plan were $13 million in 2014 versus $6.5 million in 2015. Administrative expenses and operating expenses increased slightly. Total deductions were $4.4 million in 2014 and nearly the same in 2015. The net increase in net position was $2.1 million in 2015, down from $8.8 million in 2014. Mr. Cristini noted the net investment income is what drives much of the Plan. Attorney Levinson noted the Plan has a new custodian. The contract was signed after the end of the year and next year, since Chair Henderson was able to negotiate a lower fee, the Plan would realize a cost savings. Mr. Cristini explained the Plan's operations will be weighted towards Government Accounting Standards Board (GASB) 67 requirements and there is a compliance supplement included with the report. He reminded all GASB 68 requirements applied to the City and those provisions went into effect on September 30, 2015, for the year ending September 30, 2014. The auditor had to provide additional information. Attorney Levinson recalled the Board authorized the Actuary to work closely with the City regarding GASB 68. It was noted the GASB 67 provisions are accounting measurements, not the actuarial measurements of the funded status of the Plan, and the provisions are not used to develop employer contribution rates. A second report calculates similar numbers, but not how the Plan is driven. Mr. Cristini reviewed the investment asset allocations coming from the Investment Policy Statement. The rate of return is the money -weighted rate of return regarding investment performance, net of investment expenses, adjusted for the changing amounts actually invested. This year the rate was .78%. Attorney Levinson commented other plans in the State earned less than the Boynton Plan. The Plan's realized appreciation/depreciation reflected the Plan made money, but investments on unrealized appreciation/depreciation showed a loss of $4,559,343 this year. Mr. Cristini noted this decline was across all plans. The Plan would have earned $7 million if it sold all its remaining securities. Last year, the Plan would have made $13 million. 2 Page 1418 of 1471 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 Attorney Levinson noted municipal obligations were included as a type of investment. Dave West, Bogdahn Consulting, explained there was a strategic opportunity that arose as a result of the economy. The investment was an active management decision by the bond manager. He saw positive market values there, but it was unlikely they would be included in the portfolio again. Designated pension benefits showed $12 million in designated DROP benefits in 2015 compared to $10 million in 2014, and $67 million for the rest of the members. Revisions in actuarial assumptions and methods reflected the investment return was lowered from 7.65% to 7.50% as of September 30, 2015, which caused the employer contribution rate to increase by 1.54% of covered payroll. Mr. Cristini commented most investment return rates ranged from 7.8% to 7.5%, but of all the plans reported on, the Boynton Beach Plan had the lowest investment return rate. The net position liability for the City of Boynton Beach as calculated by the actuary, and given the GASB 67 assumptions prohibiting smoothing and using the market value only, was $126,579,666. The City's net pension liability with GASB 67 was $46 million. GASB 68 requires the City to use the prior year number. GASB 67 requires the Plan to use current numbers, so there would be different numbers in the GASB 68 report. The actuary uses the date of October 1, 2014, and once adopted must use October 1St as the date each year thereafter. The City has to record all of the GASB 68 figures and include the GASB 67 reporting requirements to the City's Comprehensive Annual Financial Report (CAFR) which will have two different measurements in its report. Each year, the information will be added to a table, so the report will have the prior 10 years of information. The assumptions from the actuary for the GASB 67 calculations included inflation and return rates. The long-term real rate of return was 7.5%, and it governed the discount rate calculation. Mr. Cristini reviewed the calculations used and a handout was distributed showing the target allocation by asset class. The expected rates of returns of various plans were about the same, but with inflation, the rates varied. Mr. Cristini explained examples of the City's net pension liability at 1% more and 1% less than the assumed rate of return were included in the report. The Actuary had determined contributions were nearly the same as last year. In GASB 68, the measurement date is important. One of the plan elements the City will have to add to the CAFR is the amount of contributions from the City measured from the measurement date as a way to calculate a pension plan expense from a City standpoint. It would ensure the City was aware of the liability and the basis for the liability. Mr. Cristini reviewed the valuation date and methods and assumptions used to determine contribution rates. The schedule of investment returns was .78% in 2015 3 Page 1419 of 1471 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February, 2016 compared to 9.54% for the prior year and administrative expenses were less than 1 which was very good. Mr. Cristini advised the report was an unqualified report. The Statement of Standards for Attestation Engagements (SSAE) 16 Report on a description of a service organization's system and suitability of the design and operating effectiveness of controls related to Salem. The prior report regarding Salem was problematic; however, this year the report said Salem's controls were operating as intended. Ms. LaDue explained she reviews each statement received and all appeared to be in order. There was brief discussion mortality tables were not favorable to firefighters, but firefighters were living longer. Mr. Raybuck thought tables should be based on private sector populations and if they had a mortality table for firefighters, it would show favorable lifespans. Attorney Levinson asked the auditors if they received full cooperation from everyone who works for the Pension Board and from the City and Mr. Cristini responded he had. Ms. Bittinger explained the actuary did a great job providing the information. Mr. Cristini also advised he did not see any issues with Regions Bank. The Bank was cooperative and very responsive. Motion Mr. Taylor moved to approve the report. Mr. Raybuck seconded the motion that unanimously passed. VII. B. Application for Disability Retirement: 1) Rani DeMarco- Application, HIPPA form & MMI paper from Doctor Attorney Levinson explained Ms. DeMarco's application was forwarded to the Board by Ms. LaDue and another Trustee. Two doctors were listed on the application and letters were sent to them asking for the records and the cost, but there has not yet been a response. They sent an email and letter to Human Resources regarding Workers' Compensation records and staff was putting together a CD. Once the Trustees have all those records, the Board will send Ms. DeMarco for an Independent Medical Exam (IME) with an orthopedist, and the Board will receive the IME report. The Board will select a hearing date and would review the records and report from the doctor(s) regarding a Functional Capacity Evaluation (FCE). Interim Chief Hoggatt asked if the doctor used for the FCE used the National Fire Protection Association (NFPA) requirements and Attorney Levinson thought he/she would, but was unsure. Ms. DeMarco explained she only listed the doctors involved with her condition and no other doctor has treated her for this condition. Attorney Levinson explained she has the right to monitor the process and noted Ms. DeMarco had obtained counsel. 0 Page 1420 of 1471 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida Ms. DeMarco had questions about NFPA 1582. She was having surgery on February 12 and would be in a wheelchair for six weeks followed by seven months of therapy. Attorney Levinson thought the doctor may wait until after the procedure and/or rehab. He clarified the Pension Board follows the Ordinance and grants or denies requests for benefits. The Pension Board does not make Human Resource decisions or hiring or accommodation decisions. During the Workers' Compensation period, Ms. DeMarco will either be on no duty or modified duty. She was currently on modified duty. The department gave her a place to work performing tasks she does not normally handle. 1) Investment Performance Review for Quarter December 31, 2015 Dave West, Bogdahn Consulting, advised the portfolio had a good quarter. The average return for developed countries foreign stock was 4.7%. The S&P 500 returned 7%. The bond market benchmark for the US aggregate was down 6% because the Federal Reserve raised rates. The Plan was invested in a less interest -rate sensitive benchmark so returns were not as affected by the aggregate bond market. (Chair Henderson left the meeting at 10:29 a.m.) The total fund was up 4.35% for the quarter. For the one-year period, the fund earned 2.27°/x. The fund earned slightly over 9% during the three-year annualized period and for five years, it annualized at 7.67°/x. The fund finished ahead of the passive policy benchmark and ranked in the top third percentile in its public peer group universe for the quarter. For the one-year period, the Plan ranked in the top fourth percentile. For the three-year period, the fund ranked in the top 8th percentile and for the five-year period, the fund ranked in the top fifteenth percentile. Mr. West noted all the changes they made over the past few years paid off. Real estate was fully funded and Middle Market Debt was doing well. Bogdahn Consulting had been tracking Anchor during the bull market and they outperformed in November and December when the market was down. The fund was ahead of the benchmark of 6.53%. For the one-year period it was slightly under the benchmark; for the three-year period was about even to the benchmark and then slipped, and for the five-year period, it was above the benchmark ranking in the 45th percentile. (Chair Henderson returned to the meeting at 10:32 p.m.) The S&P 500 was up about 7%. On the growth side, DSM was up 8.53% ahead of the benchmark and 3%, 1.58%, and 1.43% for the one, three and five-year periods, ranking in the 19th 22nd and 17th percentile respectively for the same time periods. The second index component emphasized domestic mid cap equities which the fund captured through Vanguard. It was not up as much for the quarter, but it still was up 3.44%. 6■ Page 1421 of 1471 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 WCM, the international equity manager that was hired in April 2015, was up half a percent versus a benchmark that was down 8.54%. The Euro Pacific Fund, since April 1" was down 6% versus the benchmark that was down 8%. Schroders was down less than the benchmark for the quarter and for the three and five year periods was ahead of the benchmark. Treasury Inflation Protection Securities was underweight and did not fare well, experiencing a slight loss. Global fixed income reflected PIMCO was up .87% and for the one-year period was up 1.25% versus the benchmark of -.2. Since inception PIMCO was on track. The Templeton Global Bond fund was at 2.29% versus a negative benchmark of -1.23% Real estate reflected Intercontinental was up 5.85%. ASB was up 5.62%. For the one- year period, Intercontinental was at about 15% and ASB was at 17%. Intercontinental for the three and five-year periods earned 15% respectively. Mr. Taylor thought real estate was one of the best vehicles going forward and wondered if they could change the allocated percentage to it. Mr. West agreed, but commented he would draw a different conclusion. He explained the asset allocation had a natural increase. The outlook from the managers was still positive and he likened the cycle of the fund as being in the 6th inning for real estate pointing out the middle to end part of the cycle is when real estate best performs. Real Estate was now experiencing increases in rents and there should be less appreciation from the funds, but they would capture its value from increased rents. He explained that trend will continue. As to money flow, there was still money going into real estate. There are still capital queues ranging from a year to a year and a half and both managers have a value added sleeve. If they allocated more to the fund, it would have to be to the value portion of real estate as a specialty focus. Mr. West explained most value -end funds are closed- end funds and the Board would have to lock up capital for a seven to eight-year period. The one-year internal rate of return for Middle Market Debt reflected Crescent Direct Leveraged Fund earned 6.82% for the year. LBC earned 10.54%. Since inception, including the capital call and fees, Crescent earned 3.75% and LBC, because they were buying into an existing portfolio, earned 11.37%. Domestic fixed income was the source of funds that provided substantial returns. Attorney Levinson inquired why they could not compare Crescent Direct and LBC. Mr. West explained there was no apples -to -apples comparison. They were dependent on the due diligence efforts of the Bogdahn Research Team. The fund opened with $80,429,680. Contributions totaled $4,619,027. Distributions were $1,278,627. Investment management fees as invoiced and paid by the custodian totaled $73,632. Other expenses for administration were $7,655. Bogdahn Consulting aggregated all the income earned with appreciation and advised the fund earned $3,545,237. As of December 31, 2015, the fund had $87,234,030. N. Page 1422 of 1471 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 Since the fund was so well diversified against the equity market and because the fund was gaining so much income as a percentage of return contributions, Mr. West anticipated the fund would weather the downturn well. Several managers should provide good downside protection. Mr. West thought the Plan may have a total return retracement of about 3%. The investment manager fees reflected the Plan pays five basis points for the S&P 500 index fund. The DSM fund, which was a separate fund, cost 86 basis points. The total fund with the dollar weight of each investment times the annualized fees yielded an operating expense ratio totaling 59 basis points which was good. Mr. Petty commented he logged into the Regions Bank account and all the money was there except for real estate and private equity. Mr. West explained those assets were custodied externally, and Salem would provide a shadow account. Mr. West explained they were receiving four additional statements for any asset housed outside of Regions Bank and Mr. West and the auditors aggregate those statements. Mr. West requested a standing letter of direction for balances and distributions to send to Regions Bank. They had a letter for Salem Trust which could be updated and sent to Regions Bank to complete the transition. He requested sending all communications directly to him. Interim Fire Chief Hoggatt inquired how the upcoming election would affect the market. Mr. West thought it may have a modest influence. One thing that would positively impact the market was if there was an active effort with fiscal policy regarding spending to stimulate the economy by making it more tax and regulatory -friendly. B) Gabriel, Roeder, Smith & Co — 1) Actuarial Valuation PYE 9-30-2015 — Special meeting or May quarterly meeting date of May 41h 2) Updated GASB No. 67 Disclosure Information dated 1-22-16 Chair Henderson explained Pete Strong, Plan Actuary, was not able to attend the meeting. He and Ms. LaDue spoke with him several times and Mr. Strong commented he would have the Actuarial Report finished by the next quarterly meeting. Additionally, Mr. Raybuck would not be able to attend the next meeting and Mr. Taylor also may not be able to attend. He requested moving the meeting date. After brief discussion, there was agreement to meet on April 29th at 9 a.m. Mr. West explained he would not have the estimated real estate values, mid -market debt or peer groups populated by the next quarterly meeting, but he could provide a summary report and update for the following quarterly meeting. There was agreement if Mr. Strong could not attend, he could send a representative. C) Davidson, Jamieson & Cristini — Richard Cristini, CPA, CGFM & Jeanine Bittinger, CPA FA Page 1423 of 1471 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 2) Audit Report/ Financial Statements for PYE 9-30-2015 This item was discussed earlier in the meeting. VII. B. Application for Disability Retirement: 2) Rani DeMarco- Application, HIPPA form & MMI paper from Doctor This item was previously discussed. Attorney Report — Adam Levinson 1) Client Conference March 6 — 9, 2016 Attorney Levinson announced the Client Conference and requested Ms. LaDue provide dates for the Division of Retirement Trustee Schools and the Florida Public Pension Trustees Association (FPPTA) conference. 2) DROP loan provision — status Attorney Levinson did not have a report to make, but did advise his office was comfortable using the Police Deferred Retirement Option Plan (DROP) for firefighters. He wrote a letter in November about the Chapter 175 monies and pointed out this issue was an example of the City and Union entering into a Memorandum of Understanding (MOU) about premium tax allocations. He asked if there were any other agreements pending between the City and Union on the underlying contract or if the contract was agreed to without any pension changes and learned there were no pension changes. He thought it would be nice if the Union could negotiate the DROP program, but the DROP could be instituted via Ordinance if the City agreed. Attorney Levinson commented the Firefighters' Ordinance did not have as much specificity as the Police DROP Loan program did, so an Ordinance amendment would be required, modeled after the Police Plan. Attorney Levinson would work with Attorney Jensen. Chair Henderson did not recall if the Board approved Attorney Levinson rewriting the Ordinance and learned they had. He hoped if City Officials understood there was no financial impact, there would usually be no problems. Mike Smollen, former Trustee, expressed this issue was important to retirees and he liked the idea people could access their accounts up to $50K. Mr. Smollen requested the issue be moved along as quickly as possible. Attorney Levinson would draft the Ordinance to grant the Board the ability to implement the DROP loan program, cover letter, and send the Ordinance to the City Manager or City Attorney with a copy to the Finance Director. Attorney Levinson would follow up with them and Chair Henderson offered to deliver the information personally. ,19 Page 1424 of 1471 Meeting Minutes Firefighters' Pension Board Boynton each, Florida February 3, 2016 Interim Chief Hoggatt inquired if they should wait on the matter pending the upcoming City elections. Chair Henderson explained they would get it going as quickly as possible. Attorney Levinson explained the "Whereas" clause would say they would adopt the same program which worked well for the Police. The Board was approached by retirees regarding the provision, and it had no financial impact. 3) Mutual Consent Agreement — City and Local 1891 — Letter dated 11- 20-15 Attorney Levinson explained this item was a communication to the City relating to Senate Bill (SB) 172 which gave discretion to the parties about how to use the premium taxes. The Board would allocate one third of the unallocated Chapter 175 monies over a three-year period for a total of one million dollars towards the Plan's unfunded liability. This contribution would not reduce the City's contribution, only the unfunded liability, which would save money over time. Mr. Taylor questioned the use of the word "could" and asked if the action was discretionary. Attorney Levinson responded it was and the MOU could permit paying the full million in the first year or in year three. Chair Henderson understood the one third of the unallocated Chapter 175 funds would be paid each year for three years. It was important the Plan Actuary be aware of the allocation made for last year so he could conduct a valuation. By approving the valuation, the Trustees would approve the allocation. Mr. Raybuck inquired if this item would warrant a press release that firefighters were taking a proactive approach and Attorney Levinson deferred to the Board as not all cities have done so. Some cities made a concerted effort to lower their city's contribution by supplementing the employer's contribution. Boynton Beach was contributing by reducing the unfunded liability saving the City money. The Union and the membership of the fund agreed to take some of the 175 monies and reallocate it to paying down the unfunded liability by $333K each year over the next three years. Attorney Levinson explained the mutual consent letter involved multiple conversations between the City and actuary and Chair Henderson played a big role. Chair Henderson asked if a motion was needed to reallocate the $333K and Attorney Levinson responded a motion was not needed, but they could motion to carry out and effectuate the agreement to ensure the actuary does what needed to be done. Motion Ms. Bush so moved. Mr. Raybuck seconded the motion that unanimously passed. 4) Insurance Premium Tax Database — Chapter 175/185 —Memo 12-5- 2015 Attorney Levinson noted the memo dated December 5, 2015, and advised Boynton Beach was the first City on the firefighters' side to have interlocal agreements for contract areas. He noted there was a PointMatch website where addresses are E Page 1425 of 1471 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 entered, allowing the City to collect the excise taxes for contract areas. Each city is supposed to have a contact person and Attorney Levinson noted John McNally and Terry Owens are the City's contacts. They update the information each year. It is important addresses are entered for any new construction in Ocean Ridge or Hypoluxo. Attorney Levinson thought someone should contact those cities to update the database and to ensure other municipalities were not claiming Boynton Beach addresses. He pointed out it is the same database used for the Communications Service Tax. Mr. Raybuck asked about mutual aid areas. Attorney Levinson clarified they could only collect funds from a municipality and the addresses had to be in the contract areas. The City's contract areas included Briny Breezes, Ocean Ridge, Golf and Hypoluxo. 5) Ordinance 10-016 — Ad Hoc Supplemental Benefit and Administrative Rules Chair Henderson read the Ordinance and advised it gives the Board decision making authority to determine how the Ad Hoc Supplemental benefit is allocated and spent. He noted it did not affect last year. Mr. Petty indicated it will affect the Annual Required Contribution for 2017 and the City would have to pay it a year ahead. The Trustees would discuss the pay down with Mr. Strong during the Annual Report to determine if there would be any funds left over. Mr. Petty emphasized it was important to have factual information. It was noted Mr. Strong would be present at the April 291h meeting, per an email from Mr. Strong sent during the meeting. Attorney Levinson noted the Board may need to give direction to Ms. LaDue or the Chair to allow Bernstein Litowitz Berger & Grossmann LLP, or any other law firm the Board would want, to have access to the portfolio. Authorization would be read only access because the Plan was using Regions Bank. Motion Mr. Taylor so moved. Ms. Bush seconded the motion that unanimously passed. V. CORRESPONDENCE — 1) Notice of Security Interest, 11-16-15 — Crescent Direct Lending Ms. LaDue explained Crescent Direct Lending switched from Deutsche Bank to Wells Fargo. Mr. West had reviewed the notice and was fine with the change. VI. OLD BUSINESS — 1) Deputy Chief Hoggatt — Transfer of contributions — status Chair Henderson explained Deputy Chief Hoggatt was given the option to go into one of two retirement plans when he was first hired and chose the General Employees (GE) Plan. Later, he larned he could not be in it and had to pay about $3,000 to calculate the 10 Page 1426 of 1471 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 payments he had to make to the Firefighters' Plan. Attorney Levinson clarified going forward, Interim Chief Hoggatt would be contributing to the Firefighters' Plan. The GE Board wanted to give the City a credit to pay the extra amount to the Firefighters' Plan. Ms. LaDue asked how the employee contributions would be moved over and learned it was to be a plan -to -plan transfer, but it had not yet occurred. Interim Chief Hoggatt explained he chose the Plan for the five-year vesting. He has yet to receive anything regarding the amount of money that was supposed to be transferred and the difference of five percent between the GE Plan and the Firefighters' Plan that he had to pay. Discussion followed only the Fire Chief can be in the General Employees' Plan, and Mr. Hoggatt was now the Interim Chief. Chair Henderson understood, but pointed out they are non-compliant. The Firefighters' Pension contribution from his date of hire and check date of November 9, 2012, through August 14, 2015, would be $37,075.46 and the difference between the GE Plan and the Firefighters' Plan was $15,448.21. Ms. LaDue explained this information came from the Finance Department. Attorney Levinson advised this should be forwarded to the Chief. Interim Chief Hoggatt was given slightly less than three years to pay the employee contributions as opposed to issuing a lump sum check. Mr. Petty recalled Mr. Strong had provided a calculation. Ms. LaDue reiterated she had not received any money from the General Employees and the contributions had not been moved over. 2) Joint Request for Proposals for Pension Administrator — Matt Petty on update/status A Request for Proposals was issued for a Pension Administrator and five responses were received. Mr. Petty distributed a summary sheet regarding all the responses. Foster and Foster had not responded. Mr. Petty thought the leading respondent was the Resource Center and discussion followed about office space and fees. Mr. Petty thought the fees for the Resource Center were negotiable; however, Ms. LaDue explained payments to the Resource Center were on hold because prior hardware/software changes they were to provide had not yet taken place. Mr. Petty also reviewed various websites and thought the Resource Center's website was one of the better websites. Precision Pensions was a lot more expensive. Benefits USA was a popular firm, but their website seemed technologically behind, especially with record keeping. The Resource Center proposal included administering the DROP at no additional fee. Benefits USA had a DROP consultant fee paid for by the employee. Chair Henderson suggested having a joint meeting with the Police to interview respondents. Mr. Petty commented he would interview the Resource Center and Benefits USA. Ms. LaDue was familiar with nearly all the firms. Mr. Petty agreed to talk with the Chair of the Police Pension Plan regarding holding joint meeting. Chair Henderson set a tentative date of Wednesday, March 16th at 10:30 a.m. An alternate date of Wednesday March 23rd was also set. 11 Page 1427 of 1471 Meeting Minutes Firefighters' Pension Board Boynton each, Florida February 3, 2016 VII. NEW BUSINESS: A. Invoices for review and approval: 1. Schroder Fixed Income Mgt — Qtry fee -03-31-2016 - $ 2. DSM Capital Partners LLC — Qtry fee 03-31-2016 - $23,735.95 3. Klausner, Kaufman, Jensen & Levinson — Service Oct, Nov & Dec 2015 - $9,832.50 4. Bogdahn Group — Consulting Fee 12-31-2015 withdrawn R&D Account $8,375 5. Anchor Capital Advisors — Quarterly fee — 12-31-2015 - $ 6. GRS - Service Nov 2015 - $5,472 & Dec 2015 - $3,653 7. Alerus — Qtry DROP Admin Fee - $500 8. Regions Trust Custodial Fee - 12-31-15 $5,000 9. Intercontinental- Management Quarterly fee 3rd Qtr 2015 - $9039.75 - withheld from dividend reinvestment plan. 10. Davidson, Jamieson & Cristini — Progress billing Audit - $6,000 Ms. LaDue reviewed some invoices were not received. Motion Mr. Taylor moved to approve, and to pay the bills that were not yet received if they were customary charges. Mr. Raybuck seconded the motion that unanimously passed. VIII. PENSION ADMINISTRATOR'S REPORT: 1. Benefits as of 01-01-2016 2. Transition from Salem to Regions — Update Ms. LaDue explained she was disappointed Salem did not transmit some of the information they should have when Regions Bank became the new custodian and that Bob Smeltzer from Regions Bank would be available at the next meeting. Chair Henderson distributed a letter stepping down as Board Chairman effective February 3, 2016, and from the Pension Board effective April 30, 2016. Mr. Taylor commented he sits on several boards and Chair Henderson was a fine Chairman, having the ability to move towards consensus in a well thought out way. Serving as Trustee on the Board was one of the most enjoyable jobs he had. Motion Mr. Raybuck nominated Mr. Petty as Chair. Mr. Taylor seconded the motion that unanimously passed. 12 Page 1428 of 1471 Meeting Minutes Firefighters' Pension Board Boynton Beach, Florida February 3, 2016 IX. Adjournment There being no further business to discuss, Chair Henderson adjourned the meeting at 12:06 p.m. &Q-turu &A)wl Catherine Cherry Minutes Specialist 020416 13 Page 1429 of 1471 15.A. FUTURE AGENDA ITEMS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: City Commission to review Legislative Priority List for upcoming Legislative Session - November, 2016 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 Reviewer Action Date Howard, Tim Approved 9/6/2016 - 6:39 AM Page 1430 of 1471 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Monthly Departmental Presentations: Development - October 2016 Fire - October 2016 Human Resources - November 2016 City Clerk - December 2016 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? Grant Amount: REVIEWERS: Department Finance 15. B. FUTURE AGENDA ITEMS 9/20/2016 Reviewer Action Date Howard, Tim Approved 9/6/2016 - 6:40 AM Page 1431 of 1471 15.C. FUTURE AGENDA ITEMS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 16-018 - SECOND READING - Approve amendments to the Comprehensive Plan Coastal Management Element for transmittal to the Department of Economic Opportunity for the State - Coordinated Review. The proposed amendments address new statutory requirements pertaining to prevention/ mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S.) and update the remaining objectives and policies to account for completions and changes in the City's programs. (TBD upon return with State approval) EXPLANATION OF REQUEST: These amendments are part of the Evaluation and Appraisal Review (EAR) of the Comprehensive Plan, pursuant to Section 163.3191, Florida Statutes. At least every seven years, the city must determine whether the need exists to amend the Comprehensive Plan to reflect changes in state requirements since the last time the Comprehensive Plan was updated, and notify the state land planning agency (DEO - the Department of Economic Opportunity) by letter of this determination according to a published schedule. The statutory language also encourages local governments to comprehensively evaluate and, if necessary, update comprehensive plans to reflect changes in local conditions. The proposed amendments must be transmitted within one year of the notification date. The amendments based on the current EAR are limited to the Coastal Management (CM) Element, with the emphasis placed on the response to the new language codified on July 1, 2015, following the 2015 Session of the Florida Legislature. The new requirements pertain to the expansion of flood mitigation measures for redevelopment in coastal areas. The State's requirements are both broad and comprehensive, and after close coordination with reviewers from the state planning office staff proposes extensive amendments to the City's policies in attempt to address all intended requirements. It is difficult at this time to anticipate the ultimate impact on the city of some of these new policies, and almost equally as difficult to summarize the changes in this narrative. However, all proposed programs and activities have merit in addressing this problem and would include more detailed identification and mapping functions, a commitment to steering populations (particularly special needs persons) away from certain flood prone areas, closer examination of permit applications for use of best available methods and materials to mitigate flood damage, regular review of codes and regulations for optimal promotion of flood mitigation, and through coordination with the County -wide efforts charged with addressing hazard mitigation. The proposed policies also reference the City's Climate Action Plan and the commitment to considering the identification of Adaptation Action Areas. Additionally, the proposed amendments include changes to the layout of the element, an update of the existing objectives and policies to account for completions and changes in City programs, and a Flood Hazard Map Series that will be added to the CM Element Support Document. The second public hearing and the final adoption of the proposed amendments is tentatively scheduled for December of 2016. The Planning and Development Board recommended approval of the subject amendments on July 26, 2016. Page 1432 of 1471 Please note that a map and related comments have been added to the transmittal package pursuant to a recommendation received from the DEO subsequent to the Board's meeting. The map shows flood -prone areas that are likely to be included in the future study which will evaluate options to establish Adaptation Action Area(s) pursuant to Chapter 163.3177 and the Boynton Beach Climate Action Plan. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: Great Neighborhoods: Safe, Affordable and Livable STRATEGIC PLAN APPLICATION: Implementation of the action item 1.11 under "Great Neighborhoods: Safe, Affordable and Livable" (FY 2015/16) CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Incorporation of policies committing the City to the continued implementation of the Climate Action Plan, including the study for establishment of Adaptation Action Areas. Is this a grant? Grant Amount: ATTACHMENTS: Type r D Staff Report D Exhibit D Exhibit REVIEWERS: Department Reviewer Finance Howard, Tim Description Ordinance approving text amendments to Coastal Management Staff Report Exhibit A. Proposed Amendments Exhibit B. Map Series Action Date Approved 0/6/2016 - 3:40 AIV Page 1433 of 1471 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 AMENDMENTS TO THE COMPREHENSIVE PLAN COASTAL MANAGEMENT ELEMENT TO ADDRESS NEW STATUTORY REQUIREMENTS PERTAINING TO PREVENTION/MITIGATION OF FLOOD HAZARDS IN THE COASTAL AREAS ALONG WITH UPDATING THE REMAINING OBJECTIVES AND POLICIES TO ACCOUNT FOR COMPLETION AND CHANGES IN THE CITY'S PROGRAMS; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, on August 19, 2008 the City Commission, via Ordinance 08-007, adopted amendments to the City's Comprehensive Plan which included amendments to the Coastal Management Element; and WHEREAS, the proposed amendments, based on the current Evaluation and Appraisal Review (EAR) are limited to the Coastal Management Element and pertain to the expansion of flood mitigation measures for redevelopment in coastal areas; and WHEREAS, the proposed amendments include changes to the layout of the element, an update of the existing objectives and policies to account for completion and changes in City Programs and a Flood Hazard Map Series that will be added to the Coastal Management Element Support document; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents of the City to adopt the EAR -based amendments into the City's Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: -1- Page 1434 of 1471 I Section 1. The foregoing "Whereas" clauses are true and correct and incorporated 2 herein by this reference. 3 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 4 adopts the amendments to the Comprehensive Plan Coastal Management Element for 5 transmittal to the Department of Economic Opportunity for the State -Coordinated Review 6 which address new statutory requirements pertaining to prevention/mitigation of flood hazards 7 in the coastal areas and update the remaining objectives and policies to account for completion 8 and changes in the City's programs, a copy of which is attached hereto as Exhibit "A". 9 Section 3. The City Commission hereby certifies that it shall and will conduct such 10 public hearings as may be required pursuant to Chapter 163, Florida Statutes, as amended, in 11 order to adopt the Comprehensive Plan Amendments and so directs the City Administration to 12 conduct and publish same, as provided by general law. 13 Section 4. The City Commission hereby authorizes the appropriate City officials to 14 submit the appropriate number of copies of this Ordinance and the City's Comprehensive Plan, 15 as amended herein, to the State of Florida Department of Community Affairs and to any other 16 governmental agency having jurisdiction with regard to the approval of same in accordance 17 with and pursuant to Chapter 163, Florida Statutes, and to keep available copies of the Plan 18 Amendments available for public review and examination at Boynton Beach City Hall. 19 Section 5. All laws and ordinances in conflict with any provisions of this ordinance 20 are hereby repealed. 21 Section 6. Should any section or provision of this Ordinance or any portion thereof 22 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the -2- Page 1435 of 1471 I remainder of this Ordinance. 2 Section 7. This Ordinance shall become effective immediately upon passage. 3 FIRST READING this day of , 2016. 4 SECOND, FINAL READING AND PASSAGE this day of , 2016. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 YES NO 9 10 Mayor — Steven B. Grant 11 12 Vice Mayor — Mack McCray 13 14 Commissioner — Justin Katz 15 16 Commissioner — Christina L. Romelus 17 18 Commissioner — Joe Casello 19 20 21 VOTE 22 ATTEST: 23 24 25 26 Judith A. Pyle, CMC 27 Interim City Clerk 28 29 (Corporate Seal) -3- Page 1436 of 1471 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 16-031 STAFF REPORT TO: Chairman and Members Planning and Development Board FROM: Hanna Matras Senior Planner THRU: Michael W. Rumpf Director of Planning and Zoning DATE: July 13, 2016 PROJECT NAME/NO: Comprehensive Plan's Coastal Management Element Text Amendments (CPTA 16-001) based on the Evaluation and Appraisal Review (EAR) REQUEST: Approve amendments to the Comprehensive Plan's Coastal Management Element that 1) address new statutory requirements pertaining to prevention/mitigation of flood hazards in the coastal areas (Chapter 163.3178, F.S); and 2) update the remaining objectives and policies to account for completions and changes in the City's programs. PROCEDURE The subject amendments are being processed as part of the Evaluation and Appraisal Review (EAR) of the Comprehensive Plan, pursuant to Section 163.3191(1), Florida Statutes (F.S.), and Rule Chapter 73C-49, Florida Administrative Code. At least every seven years, the city must determine whether the need exists to amend the Comprehensive Plan to reflect changes in state requirements since the last time the Comprehensive Plan was updated, and notify the state land planning agency (Department of Economic Opportunity) by letter of this determination according to the schedule published in Rule 73C-49. The statutory language also encourages local governments to comprehensively evaluate and, as necessary, update comprehensive plans to reflect changes in local conditions. The proposed amendments must be transmitted within one year of the notification date. The EAR -based plan amendments are subject to the State Coordinated Review process Page 1437 of 1471 Page 2 File Number CPTA 16-001 Coastal Management Element updates per provisions of Section 163.3184 (4), F.S.. At the "proposed" phase, the process involves a public transmittal hearing held by a local planning agency—in Boynton Beach, the City Commission—and a subsequent transmittal of the amendments to the state planning agency (DEO) and other reviewing agencies as required. DEO receives all agency review comments and issues its Objection, Recommendation and Comments Report to the local government. The second (adoption) public hearing must be held within 180 days after receipt of that report, or the amendments are considered withdrawn. BACKGROUND/ INTRODUCTION On August 1, 2015, the City notified DEO that it would amend its Comprehensive Plan to reflect changes in state requirements as well as some changes in local conditions and the city's vision and priorities. (Since the adoption of 2008 EAR -based amendments, the City also adopted extensive amendments to the Future Land Use, Transportation, Housing, and Intergovernmental Coordination elements in 2014.) The proposed amendments based on the current EAR are limited to the Coastal Management (CM) Element, with the main focus placed on the response to the new language required in that element ensuing enanctment of bill CS/CS/CS SB 1094 (2015 Session of the Florida Legislature). On July 1, 2015 section 163.3178(2)(f), F.S. was amended to require that the Coastal Management element includes: (f) A redevelopment component that outlines the principles that must be used to eliminate inappropriate and unsafe development in the coastal areas when opportunities arise. The component must.- 1. ust.1. Include development and redevelopment principles, strategies, and engineering solutions that reduce the flood risk in coastal areas which results from high -tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea -level rise. 2. Encourage the use of best practices development and redevelopment principles, strategies, and engineering solutions that will result in the removal of coastal real property from flood zone designations established by the Federal Emergency Management Agency. 3. Identify site development techniques and best practices that may reduce losses due to flooding and claims made under flood insurance policies issued in this state. 4. Be consistent with, or more stringent than, the flood -resistant construction requirements in the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. 5. Require that any construction activities seaward of the coastal construction control lines established pursuant to s. 161.053 be consistent with chapter 161. 6. Encourage local governments to participate in the National Flood Insurance Program Community Rating System administered by the Federal Emergency Management Agency to achieve flood insurance premium discounts for their residents. Additionally, the proposed amendments include changes to the layout of the element and update the existing objectives and policies to account for completions and changes Page 1438 of 1471 Page 3 File Number CPTA 16-001 Coastal Management Element updates in City's programs. A Flood Hazard Map Series will be added to the CM Element Support Document. The second public hearing and the final adoption of the proposed amendments is tentatively scheduled for December of 2016. PROPOSED TEXT See Exhibit A for the proposed changes, and Exhibit B for the Flood Hazard Map Series. Except for the Coastal High Hazard Area map, which is already included in the existing map series for the Coastal Management Element, all others are new. The maps include: • MAP 1A: Storm Surge Categories for CM Area North • MAP 1 B: Storm Surge Categories for CM Area South • MAP 2 : Coastal High Hazard Area • MAP 3 : FEMA Special Flood Hazard Area (SFHA) • MAP 4 : Historical Flood Insurance Claims • MAP 5A: Sea Level Rise Impact: Projected Inundation, 1 and 2 Feet, CM Area North • MAP 513: Sea Level Rise Impact: Projected Inundation, 1 and 2 Feet, CM Area South • MAP 6 : Top Flood Risk Area ANALYSIS The new policies addressing the requirements listed above draw on several of the City's actions and programs, either recent or not yet incorporated into the CM Element. FLOOD MITIGATION PROGRAMS • Land Development Regulations: City Flood Prevention Code Included the Land Development Regulations is Article X. Flood Prevention Requirements (Chapter 4. Site Development Standards), also referred to as the City Flood Prevention Code. The purpose of this ordinance is to establish minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: o Minimize unnecessary disruption of commerce, access and public service during times of flooding; o Require the use of appropriate construction practices in order to prevent Page 1439 of 1471 Page 4 File Number CPTA 16-001 Coastal Management Element updates or minimize future flood damage; o Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential; o Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; o Minimize damage to public and private facilities and utilities; o Help maintain a stable tax base by providing for the sound use and development of flood hazard areas; o Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and o Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. The City is in the process of reviewing and updating Article X. The goal of the update is make the requirements consistent with the 5t" edition of the Florida Building Code, which now contains all the laws and rules that pertain to and govern the design and construction of buildings, including those in flood hazard areas. The update will be completed in 2017. • National Flood Insurance Program's Community Rating System (CRS) The City qualified for the CRS in 1991. CRS is a voluntary program that provides reductions to flood insurance premiums in communities willing to implement policies and programs that go beyond the minimum NFIP requirements. Local governments apply for a CRS classification and are given credit points that reflect the impact of their activities on the three goals of the CRS: (1) Reduce flood losses; (2) Facilitate accurate insurance; and (3) Promote the awareness of flood insurance. To obtain the necessary credit points to achieve lower CRS class ratings, they implement a broad range of programs aimed at addressing the three goals of the CRS program. There are eighteen activities by which communities can accumulate points toward their class ratings. Boynton Beach has achieved a respectable Class 7 rating, resulting in a 15% reduction in flood insurance premiums for residents that purchase flood insurance in Special FEMA -defined Flood Hazard Areas (SFHA), and a 5% premium reduction in non- SFHAs in the City. Boynton has recently gone through a recertification process, hoping to lower the rating (the results have not yet been anounced). The City has set as a goal the achievement of a Class 5, which would increase savings to 25%. • Flood Mitigation Plan In July 2013 the City adopted a Flood Mitigation Plan. It was developed to qualify as a "floodplain management plan" under the CRS and also to meet requirements of the Page 1440 of 1471 Page 5 File Number CPTA 16-001 Coastal Management Element updates Flood Mitigation Assistance Planning Grant and the Disaster Mitigation Act of 2000. The plan enables the City to quickly respond to state and federal funding opportunities for flood mitigation -related projects. The plan defines, justifies, and prioritizes flood mitigation initiatives that have been formulated through a flood hazard analysis and vulnerability assessment process. It also contains an extensive Program for Public Information (PPI)—an outreach program to educate the community on matters pertaining to floodplain management. The Plan will be updated in 2018, with the progress reports compiled on an annual basis (the last one was completed in October of 2015). • Climate Action Plan In 2010, the City identified climate change and its long-term effects as the defining challenge for the 21st century, projecting the direct impact that sea level rise would have on the City's water supply, the ability of stormwater drainage infrastructure to function properly and the livability of real estate along the ocean and Intracoastal Waterway. Committing to a strategic plan that would actively move the community toward sustainability was the approach that began in 2008 and ultimately became a reality when the City Commission adopted the City Boynton Beach Climate Action Plan (CAP) in October of 2010. Also in 2010, Monroe, Miami -Dade, Broward and Palm Beach counties signed the Southeast Florida Regional Climate Change Compact (Compact) supporting the development of a Regional Collaborative Climate Action Plan. In December 2012, the City Commission endorsed the Mayors' Climate Action Pledge, affirming support for the Compact and agreeing to consider integrating the Regional Climate Action Plan framework in whole or in part, into existing and future municipal sustainability action plans. Specific accomplishments of the Compact included the development of regionally - consistent methodologies for mapping sea -level rise impacts, assessing vulnerability, and understanding the sources of regional greenhouse gas emissions. Collectively, these provided the foundation for the Regional Climate Action Plan (RCAP). The Compact recommendations have been incorporated into the City of Boynton Beach Climate Action Plan (CAP 2.0), with the revisions adopted in December of 2015. With the adoption of the CAP 2.0, the City committed to initiating, by 2018, a study which would evaluate opportunities to establish the Adaptation Action Area(s) and related policies pursuant Chapter 163.3177, F.S. for coastal areas that experience flooding due to extreme high tides and storm surge and are vulnerable to the impacts of rising sea level. Currently, the statutes maintain that the establishment of the Adaptation Action Areas is "the option of the local government." As the analysis of optimal locations for Adaptation Action designation is likely to incur significant costs, the City will rely—at least partly—on grants, potential partnership and regional efforts carried by Compact. Page 1441 of 1471 Page 6 File Number CPTA 16-001 Coastal Management Element updates • Local Mitigation Strategy Plan (LMS) The purpose of the Palm Beach County LMS is to develop and execute an ongoing unified strategy for reducing the community's vulnerability to identified natural, technological and societal hazards. The strategy provides a rational, managed basis for considering and prioritizing hazard -specific mitigation options and for developing and executing sound, cost effective mitigation projects. The LMS also provides a basis for justifying the solicitation and use of local, state, federal and other monies to support hazard mitigation projects and initiatives. Boynton Beach adopted the revised LMS in November of 2014 by resolution R14-109 (the LMS is updated every five years). SUPPORT DATA Flood Hazard Map Series • The Coastal High Hazard Area (CHHA) Since the definition of the designation has not changed, neither has the boundary of CHHA in the City's coastal area. Please note that, out of about 73 acres of land with the CHHA designation, approximately 32 acres are mangrove areas under the City's conservation overlay, and an additional 21 acres are city parks/private recreation or green areas (some overgrown with mangroves). Therefore, some 73% of the CHHA area can be considered undevelopable land. The remaining 27% is developed; any redevelopment activities will be subject to limitations pursuant to Policies 7.6.5 to 7.6.9. • FEMA Map The FEMA's Special Flood Hazard Area map for the City (see the map series) is based on the 1982 data. New flood insurance maps for Palm Beach County remain on hold, with the Federal officials continuing to review appeals claiming that flood risks for many of properties in the county were overestimated. The appeals, by Palm Beach County, West Palm Beach and other cities, were based largely on revised land and water elevation estimates in a study completed by the South Florida Water Management District (Boynton Beach did not file the appeal). The new map will become effective within the first half of 2017; however, as compared to the 1982 map, no major changes are expected for the City. Within the CM area, FEMA Special Flood Hazard Area covers approximately 320 acres, with about 50 acres of City parks and green spaces. The land area covered by the floodwaters of the base flood is the Special Flood Hazard Area (SFHA) on NFIP maps. The SFHA is the area where the National Flood Insurance Program's (NFIP's) floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. The SFHA includes Zones A, AO, AH, Al -30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, V1-30, VE, and V. The City's SFHA within the coastal area includes zones A5, A7 and V8. Page 1442 of 1471 Page 7 File Number CPTA 16-001 Coastal Management Element updates • King Tides During September and October 2015 king tide events (the highest tide events occurring as a factor of the alignment of and distance between the Earth, Sun and Moon), tide predictions along Florida southeast coast were exceeded by 8-12 inches. Several areas in the City were affected with short term water ponding due to drainage system backflow and seawall breaching. The City is addressing the higher -than -normal king tides by extra elevation in all new projects and installation of back flow prevention valves on outlets. Addressing the issues through rebuilding of the existing public roads to raise elevation is very expensive; no current funding source exists. Sea Level Rise The source of the sea level rise maps and the underlying assumptions is the National Oceanic and Atmospheric Administration's (NOAH) Office for Coastal Management and the October 2015 Unified Sea Level Rise Projection report, compiled by the Sea Level Rise Work Group of the Southeast Florida Regional Climate Change Compact (Compact). Compact considered three planning horizons: (1) short, by 2030; (2) medium, by 2060; and (3) long, by 2100. The Figure 1 below illustrates the projections: FIGURE 1 � Unified Sea Level Rise Projection... •',. (Southeast Florida Region aIClimate Change Compact 2015). TCC AR5 Year R�adrhars USACE High I'd -ILal fins°les ;✓` 2030 & 10 12 ty`, w " t 2060 14 26 34 2100 33 61 81 � Pr _ 1+t" — ijjli x� 10;R .,..i. r,,_. 1 I i;i Peat' Figure 1: Unified Sea Level Rise Projection. These projections are referenced to mean sea level at the Key West tide gauge. The projection includes three global curves adapted for regional application: the median of the IPCC AR5 RCP8.5 scenario as the lowest boundary (blue dashed curve), the USACE High curve as the upper boundary for the short term for use until 2060 (solid blue line), and the NOAA High curve as the uppermost boundary for medium and long term use (orange solid curve). The incorporated table lists the projection values at years 2030, 2060 and 2100. The USACE Intermediate or NOAA Intermediate Low curve is displayed on the figure for reference (green dashed curve). This scenario would require significant reductions in greenhouse gas emissions in order to be plausible and does not reflect current emissions trends.' For the sea level rise maps included in the Flood Hazard Map Series, a medium planning horizon is assumed; the two maps (for the northern and southern Coastal Management Area) show projected inundation at the 1 foot and 2 foot sea level rise. Page 1443 of 1471 Page 8 File Number CPTA 16-001 Coastal Management Element updates According to the report, medium and long term projections involve a significant range of variations due to uncertainty in future greenhouse gas emissions and their geophysical effects, the incomplete quantitative understanding of all geophysical processes affecting the rate of sea level rise in climate models and current limitations of climate models to predict the future. The NOAA's Office for Coastal Management allows for an online review of sea level through its Sea Level Rise Viewer. The Viewer's map also depicts levels of confidence. In this application, 80% is considered a high degree of confidence: some areas are correctly mapped as 'inundated' more than 8 out of 10 times while areas with a high degree of uncertainty represent locations that may be mapped correctly (either as inundated or dry) less than 8 out of 10 times. The Viewer's confidence map (not included in the attached map series) shows that the projected inundation impact of a 2 - foot sea level rise in the Boynton Beach coastal area is associated with a high degree of uncertainly. Top Flood Risk Area As stated earlier in this report, by 2018 the City shall initiate a study which would evaluate establishment of the Adaptation Action Area(s). Map # 6 included in the Flood Hazard Map Series shows a section of the CMA identified as a top flood risk area, extending south from NE 10th Avenue (Martin Luther King, Jr. Boulevard) to SE 2nd Avenue, with Federal Highway as its approximate western boundary. The subject section of the CMA: • Features as a high risk area in all flood hazard maps • Experienced significant flooding during October 2015 king tide event • Contains the evaluation route from the barrier island • Is targeted for high density redevelopment The area will be considered a priority for inclusion in the incoming Adaptation Action study. RECOMMENDATION The proposed text amendments to the Coastal Management Element and the accompanying map series would be transmitted in continuation of the Evaluation and Appraisal Review process for the City's Comprehensive Plan. Therefore, staff recommends that: 1. The Planning and Development Board recommend approval of the proposed amendments, and Page 1444 of 1471 Page 9 File Number CPTA 16-001 Coastal Management Element updates 2. The City Commission, acting in its capacity as the Local Planning Agency, approve the amendments for transmittal to the State Land Planning Agency (Florida Department of Economic Opportunity) and reviewing agencies. ATTACHMENTS S:\Planning\SHARED\WP\SPECPROJ\Comp Plan Text Amendments\CPTA 16-001 EAR\Report CPTA 16-001.docx Page 1445 of 1471 City of Boynton Beach Coastal Management Element Goals, Objectives, and Policies Goal 7 To develop and maintain the Coastal Management area in a manner which protects human life, limits public expenditures in areas subject to destruction by natural disasters while preserving beach, shoreline, marine, wildlife, and recreational resources. Objective 7.1 The City shall continue to enforce all applicable local, state, and federal coastal environmental regulations while providing for the development and redevelopment of waterfront residential -properties. Measurability: Number of special permits issued for waterfront residential development. Policy 7.1.1 The City shall continue to participate in and, where appropriate, locally enforce all existing coastal regulatory activities of the Environmental Protection Agency, the Florida Department of Transportation, the Department of Environmental Protection, South Florida Water Management District, Palm Beach County Environmental Resource Management, & and Palm Beach County Health Department. Policy 7.1.2 The City shall continue to regularly review and, where necessary, modify local development regulations to ensure that development projects utilize best management construction techniques for natural resource protection. Objective 7.2 The City shall coordinate with the Florida Department of Environmental Protection, the South Florida Water Management District, Palm Beach County Department of Environmental City of Boynton Beach 7-1 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1446 of 1471 Resources Management, and other affected parties in meeting the requirements of the Florida Total maximum Daily Load Program for the Lake Worth Lagoon. Measurability: Mtmber of measitres Actions initiated in order to meet the Florida TMDL requirements for the Lake Worth Lagoon. Policy 7.2.1 The City shall continue to implement the local water quality improvement program for the City's portion of the Intracoastal Waterway using current stormwater data. Policy 7.2.3 The City will continue to maintain a program of street sweeping roadways and parking areas that drain into the Intracoastal Waterway. Policy 7.2.4 The City, in cooperation with the South Florida Water Management District will continue to enforce the local building construction threshold criteria such that major modifications to existing uses conform to local and regional stormwater pre-treatment standards. Policy 7.2.5 The City shall continue to enforce the land development regulations to require future marinas to be designed to maximize flushing of the marine basin and to provide for proper sanitary sewer hook-ups. Policy 7.2.6 The City shall continue to support the consolidated efforts of the Lake Worth Lagoon Management Plan and Committee and any efforts of Intergovernmental Plan Amendment Review Committee with regard to this important ecosystem. Policy 7.2.7 The City shall continue to seek support and funding from County, State, and Federal agencies relative to establishing a long-term water quality improvement program for Lake Worth Lagoon and the Intracoastal Waterway. City of Boynton Beach 7-2 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1447 of 1471 PAN PFAISMAKFa ■. ��• • ,�1111 1111 Objective 7.43 Subsequent to Plan adoption, or when mandated by state statute, the City, in cooperation with Federal, State, County, and adjacent governments will protect and restore the existing coastal dune system and beaches along the City's beachfront and establish standards to minimize the beach and dune impacts of man-made structures. Measurability: Amount of coastal dune system and beaches restored and protected. Policy 7.43.1 The City shall continue to coordinate with the Coastal Council and other agencies to identify County, State and Federal grants available for establishing a local dune protection program. Policy 7.43.3 The City shall continue to provide resolutions to support and maintain areawide beach renourishment efforts, if determined to have no significant negative impact on reefs and other living marine resources. Policy 7.43.4 The City shall continue to provide resolutions that support and maintain improvements of South Lake Worth Inlet to minimize beach erosion. City of Boynton Beach 7-3 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1448 of 1471 1204E�� 7.8.4 The Qt�� shall adept the ElAn4t4an of the Ceastal High HaiEafd line as established by a Sea, " City of Boynton Beach 7-4 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1449 of 1471 availabilit)�, the City Shall EOE)FElifiate with Palm BeaEh QWHty ]RIFFkafie shelteF SpaEe withifi a timely mamief. The City shall also fieeds of the T -CE A a.,rl the (- a m, -,t r i i afid the like fF Objective 7.404 The City shall continue to protect, conserve and, where possible, improve local wildlife, coastal wetlands, estuaries, coastal barriers and marine habitats. Measurability: Number of acres of habitat protected. Policy 7.494.1 The City shall continue to discourage site clear -cutting and protect, restore and enhance, where possible, existing natural areas and native species, such as beaches and dunes, wetlands, estuaries and drainage systems. City of Boynton Beach 7-5 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1450 of 1471 Policy 7.494.2 The City shall continue to encourage responsible agencies to support and enforce the designation of low speed, wake free areas along the Intracoastal Waterway. Policy 7.404.3 The City shall continue to assist with the mitigation strategy programs of transplanting seedlings of red mangrove and marsh grass into the intertidal mangrove areas. Policy 7.404.4 The City shall continue to cooperate with the appropriate agencies on the installation of channel markers to protect sea grasses from prop dredging. Policy 7.404.5 The City shall continue to develop and support educational programs, enhancements, and proper maintenance of the Mangrove Nature Trail and Nature Center in the mangrove hammock adjacent to the eastern terminus of Boynton Beach Boulevard. Policy 7.404.6 The City shall continue to enforce the use of native vegetation species in meeting local landscaping requirements. Policy 7.404.7 The City shall continue to enforce the establishment of buffer areas adjacent to natural areas and mangrove sites, open space provisions, tree protection, storm drainage, and best management practices, and amend to comply with policies in this Element. Policy 7.404.8 The City shall continue to enforce the permitting and mitigation requirements of County, State, and Federal agencies in developing in natural, wetland, and mangrove areas. Policy 7.404.9 The City shall continue to support and cooperate in efforts to preserve and encourage turtle nesting along the City's beach area. Policy 7.404.10 The City shall continue to consider the specific and cumulative impacts of development or redevelopment on wetlands, estuaries, water quality, water quantity, wildlife habitats, living marine resources and beach and dune systems. Policy 7.404.11 The City shall abide by the 2007 Palm Beach County Manatee Protection Plan herein adopted by reference and shall support the County's efforts to protect manatees and their habitats. City of Boynton Beach 7-6 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1451 of 1471 Objective 7.5 The City shall continue to search for seek opportunities to increase the amount number of water -dependent and water - related uses and strive to ensure public access to beach and waterfron areas.shor-eline facilities by prioritizing shoreline uses vVith Priority given to -water dependent uses. Measurability: Increase in the number of water dependent and water related uses during the planning period. Policy 7.5.1 The City shall evaluate Land Development Regulations to ensure accommodation of and expand provisions for water -dependent and water -related uses to enhance its brand of a coastal communi1y and to increase business and recreational oaaortunities for both residents and visitors. Policy 7.5.2 The City shall ensure that redevelopment projects on waterfront properties provide waterfront access to theeng eral public while encouraging developers to include waterfront uses and amenities fostering pedestrian traffic. Policy 7.445.43 The City shall continue support, through resolutions, area -wide efforts to acquire and develop additional waterfront and beachfront sites on the condition that such increases do not harm natural resources. City of Boynton Beach 7-7 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1452 of 1471 1204EY 7.44.3 Stibseqtient to Plan - -- --- a------ -- adaptian7 the ---- Qt�4 shall adept and impleffiefft City of Boynton Beach 7-7 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1452 of 1471 Policy 7.445.44 The City and the Boynton Beach Community Redevelopment Agency shall continue to seekrp ovide funding forte maintenance and improvements, as needed; to pFeseFv for the City's two existing public waterfronts: Boynton Harbor Marina and the Beat Club Harvey E. Oyer Tr. Park. The Policy 7.445.75 The City shall ensure that any new marina or marina expansion minimizes impacts on coastal and marine resources by coordinating review of marina development with input from all appropriate federal, state, regional, and county agencies. The Q Policy 7.445.86 The City shall only allow for location of marinas, boat ramps and other water -dependent uses in a manner which protects seagrass and manatees. Upon the siting of such water -dependent uses, the City shall continue to implement adequate provisions to protect seagrass and manatees such as, but not limited to, minimizing dredging, marking navigation channels, supporting boat speed restrictions, speed zone enforcement, information and restrictive signage, and construction standards so as to not entrap manatees or damage seagrass. To further this goal, new marinas shall only be permitted within the areas identified as a "Preferred" siting category in accordance with the Palm Beach County Manatee Protection Plan. Obiective 7.6 The Citv shall continue to assess the current and future risks to human life and property from floods and other natural hazards in the coastal areas and implement development and redevelopment strategies that reduce such risks. Measurability: Map updates, vulnerability assessments Policy 7.6.1 The City shall maintain and update as needed all maps-- including FEMA flood zones and repetitive claim maps, storm surge/Coastal High Hazard Area maps and sea level rise impact maps— identifying aps— identi. ing current and potential future areas subject to high flood hazard. City of Boynton Beach 7-8 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1453 of 1471 Policy 7.6.2 The City shall continue to document and maintain maps of extreme high tides ("king tides'), more frequent severe rainfall events and newly revealed areas at risk of flooding to efficiently target mitigation efforts. Policy 7.6.3 The City shall continue to provide flood relief and cleaning operations to lessen the resident's hardship after a major rainstorm and document the Gigs after -the -storm efforts to evaluate and recommend implementation of minor improvements and projects to be included in the Capital Improvements Plan. Policy 7.6.4 The City shall continue to utilize the Future Land Use Map and the recommendations of the Community Redevelopment Area Consolidated Plan as the basis for development and redevelopment. The siting design and construction of structures shall be consistent with regulations contained in the the 51h Edition of the Florida Building Code and the City Flood Prevention Code as amended from time to time. Policy 7.6.5 The City shall manage its planning, regulatory and utility services to steer future population concentrations away from the Coastal High Hazard Areas (CHHA), which is defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Policy 7.6.6 The City shall not approve any increases in hotel/motel beds and residential densities in the Coastal High -Hazard Area that would increase evacuation times above the 16 hours level of service for out -of -county hurricane evacuation for a category 5 storm event as measured on the Saffir-Simpson scale as provided in Section 163.3148(9)(a), F. S.. Policy 7.6.7 By 2017, the City shall amend Land Development Regulations to prohibit hospitals, congregate living facilities for persons with special needs, nursing homes, and the like from locating within Coastal High -Hazard Area and FEMA -defined Special Flood Hazard Area, and also encourage such existing facilities to relocate to safer locations within the Citv. Policy 7.6.8 Redevelopment of existing dwelling units located in the Coastal High -Hazard area is prohibited unless an engineering study supports that the redevelopment can occur in a safe manner when City of Boynton Beach 7-9 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1454 of 1471 considering building construction, design, siting and future storm events. Policy 7.6.9 The City shall limit public expenditures in the Coastal High Hazard Area or flood -prone areas by restricting expansion/ improvement of the existing utilities except for improvements necessary to (1) correct current deficiencies; (2) serve planned redevelopment pursuant to the CRA Community Redevelopment Plan; or (3) improve environmental quality. 7.6.10 The City shall require that any construction activites seaward of the coastal construction control lines established pursuant to Chapter 161.058, F.S. be consistent with the statutory provisions. Policy 7.6.11 The city shall continue to revise building codes and land development regulations to enhance flood mitigation measures in vulnerable areas to reduce future risks associated with high tide events, storm surge, flash floods, stormwater runoff, and the related impacts of sea level rise. In these areas, the Cie shall require vulnerability reduction measures for all new construction, redevelopment and infrastructure such as additional hardening higher floor elevations or incorporation of natural infrastructure for increased resilience. Policy 7.6.12 The City shall consider, whenever feasible, purchasing_ properties in areas most vulnerable to destructive storm surges for recreational uses and open space. Policy 7.6.13 Rise in sea level projected by the federal government (National Oceanic and Atmospheric Administration) shall be taken into consideration in all future decisions regarding the design, location, and development of infrastructure and public facilities in the potentially affected areas. Objective 7.7 The City shall continue to apply the best planning and engineering practices in development to attenuate and mitigate future flood events and modify the Land Development Regulations and other relevant regulatory documents as needed. Measurability: Update of the Flood Prevention Code, number of new stormwater projects funded City of Boynton Beach 7-10 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1455 of 1471 Policy 7.7.1 By the end of 2017, the City shall further update its 2010 floodplain ordinance (Flood Prevention Code) for consistency with the 51h edition of the Florida Building Code and also ensure that all future modifications of the flood -resistant construction requirements in the Flood Prevention Code continue to be consistent with, or more stringent than, requirements of the Florida Building Code and applicable flood plain management regulations set forth in 44 C.F.R. part 60. Policy 7.7.2 The City shall continue to upgrade its stormwater infrastructure through drainage improvements, installation of tidal backflow preventers, and seawall repair in addition to sustainable flood management actions such as installation of bioswales, recharge through drainage wells, use of pervious pavement, maintenance of natural preserves areas and protection of tidal beaches that will stand the test of time and be adaptable to future climate changes. Policy 7.7.3 The floodplain administrator /building official shall review all permit applications to determine whether proposed development sites will be reasonably safe from flooding. If a proposed development site is in a flood hazard area, all site development activities, (including grading, filling, utility installation and drainage modification), all new construction and substantial improvements shall be designed and constructed with methods, practices and materials that minimize flood damage and that are in accordance with the citv Flood Prevention Code. Policy 7.7.4 The City shall continue to participate in the National Flood Insurance Program's Community Rating System (CRS) administered by the Federal Emergency Management Agency (FEMA) to reduce flood losses and achieve flood insurance premium discounts for their residents. Objective 7.68 The City shall continue to provide for the local implementation of the County Emergency Preparedness Plan with respect to residential notification, evacuation and City management techniques, with particular emphasis towards the City's multi -family and mobile home areas through an interlocal agreement, and to encourage public participation in the planning process. Measurability: Ongoing coordination with the Palm Beach County Division of Emergency Management. City of Boynton Beach 7-11 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1456 of 1471 Policy 7.68.1 The City shall establish and maintain procedures to maintain local emergency services personnel familiarity with Palm Beach County's adopted Emergency Preparedness Plan - Policy 7.78.2 The City shall continue to participate in all countywide emergency preparedness preparation and practice sessions. Policy 7.78.43 The City shall provide input to the County's informational program which identifies the location and magnitude of the coastal area population requiring assistance in evacuation. Policy 7. 8.4 The City shall continue to participate in the Palm Beach Count Hazard Mitigation Working Group (HMWG) and to adopt the HMWG pertinent recommendations on hazard mitigation. Policy 7.8.5 The City shall participate in a long-term, coupe wide, comprehensive shelter program coordinated with public, private, City of Boynton Beach 7-12 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1457 of 1471 non-profit organizations to ensure adequate shelter space is available for the long-term needs of the City and the County. Objective 7.9 The City shall continue the implementation of its Climate Action Plan, revised in December 2015, which will include a study aimed at exploring options for establishment of Adautation Action Area(s). Measurability: Adaptation Action Area Study funded and initiated be�� e� nd of 2018. AA areas established bii 2020. Policy 7.9.1 By the year 2018, the City shall intiate a study to evaluate options to establish Adaptation Action Area(s) pursuant to Chapter 163.3177, F.S. for coastal areas that experience flooding due to extreme high tides and storm surge and that are vulnerable to rising sea level. The study will identify portions of the City where the need to improve resilience is the highest and prioritize those areas for adaptation measures and funding of infrastructure improvements. The study shall consider the areas that: 1. Are below, at, or near the average water level; 2. Have a hydrological connection to coastal waters 3. Are designated as evacuation zones for storm surge 4. Are otherwise impacted by climate -related drainage/flood control. Policy 7.9.2 The City shall collaborate/ coordinate with its partners from the Southeast Florida Regional Climate Change Compact on adaptation activities and access to technical assistance and support. Policy 7.9.3 By the end of 2017, the City shall integrate its Climate Action Plan into elements of the Comprehensive Plan as appropriate. Policy 7.42.4 The Qt)� shall cefififiue to utilize the Cemmufiit)� RedevelepmeRt City of Boynton Beach 7-13 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1458 of 1471 City of Boynton Beach 7-14 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1459 of 1471 FeplaEe �� /PO4EY7.42.4 The Qt�4 shall modify the band Pe*�elapment Regtilatians to1204EY 7.42.5 The Qt�4 Shall 414+ide in the Post Pisastef Rede*�elapfnent PlanPlanning 54+d�- ObjeEfive 7.13 By 2013, the in City shall the coastal high hazard area. at risk poptildfieffconcentrations City of Boynton Beach 7-14 Date: August 19, 2008 Comprehensive Plan Coastal Management Element Amendments 08-01 EAR Ordinance: 08-007 Page 1459 of 1471 1204E�� 7.43.4 The Qt�� shall implement b�� 2043, the past Elisastie-F fede*�elapm City of Boynton Beach Comprehensive Plan Amendments 08-01 EAR - - Qiliis activities. 7-15 Date: August 19, 2008 Coastal Management Element Ordinance: 08-007 Page 1460 of 1471 FLOOD HAZARD MAP SERIES Page 1461 of 1471 MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 1A: Storm Surge Categories Legend aim City Boundary 0 500 1,000 1,500 2,000 mEmmmmmmzzzzeet Page 1462 of 1471 MAP SERIES: FLOOD HAZARD Coastal Management Area South MAP 113: Storm Surge Categories Legend Storm Surge Zones aim City Boundary 0 620 1,240 1,860 2,480 Feet r N r a Page 1463 of 1471 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 2: Coastal Flood Hazard Areas Legend Coastal High Hazard Area (CHHA) -no-aim City Boundary 0 875 1,750 2,625 3,500 Feet Page 1464 of 1471 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 3: FEMA Special Flood Hazard Areas (SFHA) Legend SFHA FLOOD ZONES A5 A7 V8 --sul City Boundary Source: FEMA 1982 Note: New FEMA maps awaiting approval 0 875 1,750 2,625 3,500 Feet Page 1465 of 1471 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 4: Historical Flood Insurance Claims Legend Claims by Decade 1970's (10) 1980's (9) 1990's (27) ❑ 2000's (25) 2010-2015 (14) El Special Flood Hazard Areas (SFHA) 1,000 2,000 3,000 4,000 Feet Page 1466 of 1471 MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 5A: Sea Level Rise Impact Projected Inundation at 1 and 2 feet Legend SLR at 1 foot EM SLR at 2 feet ....... City Boundary Source: NOAA Office for Coastal Management 0 500 1,000 1,500 2,000 Feet E 26h Im Page 1467 of 1471 MAP SERIES: FLOOD HAZARD Coastal Management Area North MAP 513: Sea Level Rise Impact Projected Inundation at 1 and 2 feet Legend SLR at 1 foot EM SLR at 2 feet ....... City Boundary Source: NOAA Office for Coastal Management 0 625 1,250 1,875 2,500 Feet I No SE is to In Page 1468 of 1471 MAP SERIES: FLOOD HAZARD Coastal Management Area MAP 6: Top Flood Risk Area Legend = SFHA (A5) FEMA Flood Zone SFHA (A7) FEMA Flood Zone Coastal High Hazard Area Projected Inundation Sea Level Rise at 1 foot mil City Boundary 0 400 800 1,200:00 wwmmmmrzzzeet Page 1469 of 1471 15.D. FUTURE AGENDA ITEMS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: City Commission at the July 19, 2016 meeting requested that legal review the outstanding legal issues that involve the District and update the City Commission - TBD 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 Reviewer Action Date Howard, Tim Approved 9/6/2016 - 4:06 FSM Page 1470 of 1471 15. E. FUTURE AGENDA ITEMS 9/20/2016 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 9/20/2016 REQUESTED ACTION BY COMMISSION: Upon successful negotiations, the Commission will ratify the SEIU and PBA union contracts -TBD 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 Reviewer Action Date Finance Howard, Tim Approved 9/16/2016 - 1:57 PM Finance Howard, Tim Approved 9/16/2016 - 1:56 PM City Manager LaVerriere, Lori Approved 9/15/2016 - 4:49 PM Page 1471 of 1471