The URL can be used to link to this page

Agenda 01-16-18The City of Boynton Beach City Commission Agenda Tuesday, January 16, 2018, 6:30 PM City Hall Chambers 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Regular City Commission Meeting -- REVISED - Item was added to Unfinished Business as 11A Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Christina L. Romelus (District III) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. ,1 : zwav, .Azl Y www. boynton-beach.org Page 1 of 508 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES AND 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 and Nays" or by a roll call vote. SPEAKING AT COMMISSION MEETINGS: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit - Three (3) Minutes • Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, presentations and first reading of Ordinances - Time Limit - Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. DECORUM: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over -ruled by the majority vote of the Commission members present. Please turn off all pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule - some meetings have been moved Page 2 of 508 due to Holidays/Election Day). 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Roll Call I nvocation Pledge of Allegiance to the Flag led by Commissioner Casello Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Proclaim the month of March 2018 as The City of Boynton Beach Firefighter Appreciation Month. Jeaneece Washington, Fundraising Coordinator for The Muscular Dystrophy Association will accept the proclamation. B. Announcement of the City's 2018 Calendar and introduction of the artist by Eleanor Krusell, Director of Public Communications and Marketing. C. Announce the Special Democratic Primary Election on Tuesday, January 30, 2018 for State Senate District 31 which includes all voting precincts in the City of Boynton Beach. Polling locations will be open from 7 am to 7 pm. Early voting will commence on Saturday, January 20, 2018 thru Sunday, January 28, 2018 at three locations in Senate District 31 being Ezell Hester Community Center, Hagan Ranch Rd. Library and Lantana Library from 10 am to 6 pm. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Reg and2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Community Redevelopment Agency Advisory Bd. 1 Reg Page 3 of 508 Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 2 Alts 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R18-008 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. PROPOSED RESOULTION NO. R18-009 - Authorize the Mayor to sign the Declaration of Restriction for Right of Way Purposes to designate the future use and occupancy of Lot 5, Block 3 of the Plat Poinciana Heights to public right of way. C. PROPOSED RESOLUTION NO. R18-010- Approve contracts for the Community Development Block Grant (CDBG) Sub Recipients as adopted in the Five Year Consolidated/One Year Action Plan on August 1, 2017. Resolution R17-066 D. PROPOSED RESOLUTION NO. R18-011 - Approve utilizing the City of Tallahassee Contract # 3806 with Gall's for the purchase of uniforms for Police with an estimated annual expenditure of $95,000. Authorize the City Manager to sign a contract with Gall. E. Authorize the City Manager to approve change orders 3, 4, and 5 from Con Tech Building Corporation of Delray Beach, FL in the amount of $12,167 for unforeseen conditions discovered while the contractor was implementing bridge repairs. This approval increases the approved cost to $73,983, these are the final change orders. F. Authorize the City Manager to approve change orders to Cobra Construction, Inc. of Boynton Beach in the amount of $21,977.50 increasing the total amount for these sidewalk rehabilitation projects from $150,308.00 to $172,285.50. G. Accept the City of Boynton Beach FY2016/2017 Annual Grants Report. H. Accept the FY2016/2017 ADA Annual Update. Approve the purchase of extrication equipment for the Fire Department in the amount of $32,693 from South Florida Emergency Vehicles of Fort Myers, FL as a sole source purchase. J. Accept fourth quarter and year end report on operations of the Schoolhouse Children's Museum and Learning Center for FY 16-17. K. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities as described in the written report for January 16, 2018 - "Request for Extensions and/or Piggybacks." L. Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the twelve (12) month period ended September 30, 2017 (unaudited). M. Legal Expenses - December 2017 - Information at the request of the City Commission. No action required. N. Approve the minutes from the Regular City Commission meetings held on December 19, 2017 and January 2, 2018. 7. BIDS AND PURCHASES OVER $100,000 - None 8. COMMUNITY STANDARDS and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING Page 4 of 508 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 10. CITY MANAGER'S REPORT A. Accept Surtax Capital Project Status Report for first quarter of FY 2018 - October thru December 2017 B. Accept quarterly report on red light camera program (Oct 2017 -Dec 2017) 11. UNFINISHED BUSINESS A. Commissioner Romelus requested discussion relating to her recent appointment of a regular member of the Planning and Development Board as an alternate member of the new 2018 Board. 12. NEW BUSINESS A. Authorize City Attorney to file request with Florida Supreme Court to file Amicus Curiae in support of City of Pembroke Pines. B. Approve the request of Commissioner Mack McCray to distribute $500 of his Community Support Funds to Robert E. Wells Day. C. PROPOSED RESOLUTION NO. R18-012- A resolution of the City of Boynton Beach opposing legislative efforts to impede the constitutional right Florida's citizens have to govern themselves under Municipal Home Rule Powers. D. Authorize the Mayor to attend the National League of Cities (NLC) Congressional City Conference in Washington, DC, March 11, 2018 thru March 14, 2018. The Mayor is requesting the City pay for the registration fee and one (1) night's hotel stay. 13. LEGAL - None 14. FUTURE AGENDA ITEMS A. Members of the Commission has requested to review and discuss the Public Arts Ordinance - February 2018 B. Staff to review PBC Ordinance on Panhandlers - March 2018 C. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park D. Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways - TBD E. PROPOSED ORDINANCE NO. 17-021 - SECOND READING - Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/I nstitutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -initiated. (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) PROPOSED ORDINANCE NO. 17-022 - SECOND READING -Amending Ordinance 02- 013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) Page 5 of 508 15. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGSAND, FOR SUCH PURPOSE, HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE, WHICH RECORD INCLUDES THE TESEIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED. (ES. 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TOAFFORD AN INDIVIDUAL W1THA DISABILITYAN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, ORACTWITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY CLERKS OFFICE, (561) 742-6060 OR (TTY)1-800-955-8771, AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REA.SONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 6 of 508 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Call to Order - Mayor Steven B. Grant Roll Call I nvocation Pledge of Allegiance to the Flag led by Commissioner Casello Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non -budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: 1.A. OPENING ITEMS 1/16/2018 Page 7 of 508 2.A. OTHER 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 8 of 508 3.A. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Proclaim the month of March 2018 as The City of Boynton Beach Firefighter Appreciation Month. Jeaneece Washington, Fundraising Coordinator for The Muscular Dystrophy Association will accept the proclamation. EXPLANATION OF REQUEST: Boynton Beach Fire Rescue Local 1891 raised more than $36,000 with their 'Fill the Boot' campaign for the Muscular Dystrophy Association making them the MDA's largest source of funding. The funds collected by the City of Boynton Beach Fire Fighters assist the MDA in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Not allow proclamation. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Proclamation Proclamation Fire Fighters Appreciation Page 9 of 508 Proclamation WHEREAS, the Boynton Beach Association of Fire Fighters is the prime example of public service and sacrifice, displaying the nobility to protect the citizens of our community every day; and WHEREAS, the Boynton Beach Association of Fire Fighters members are highly dedicated and trained individuals who demonstrate American ideals, the ultimate standard of character and courage in the face of danger; and WHEREAS, the Boynton Beach Association of Fire Fighters members selflessly contribute their time and energy fighting for kids and adults with muscular dystrophy, ALS and related life- threatening diseases that severely limit muscle strength and mobility by Filling the Boot each year for the Muscular Dystrophy Association (MDA); and WHEREAS, in 2017, the Boynton Beach Association of Fire Fighters raised $36,487.00 for MDA through the annual Fill the Boot campaign; and WHEREAS, the Boynton Beach Association of Fire Fighters endless service to MDA has given so much hope for families fighting life-threatening muscle diseases; NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of March Two Thousand Eighteen as: BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS APPRECIATION MONTH IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 16,h day of January Two Thousand Eighteen. Steven B. Grant, Mayor ATTEST: Judith A. Pyle, CMC City Clerk 3.B. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Announcement of the City's 2018 Calendar and introduction of the artist by Eleanor Krusell, Director of Public Communications and Marketing. EXPLANATION OF REQUEST: This year's calendar had two goals: 1.) Engaging the public in the selection of favorite places in Boynton Beach 2.) Informing the public that the City is inclusive We started our search for favorite places in October when we asked our Facebook fans to post their two favorite places in Boynton Beach. We received 120 responses. While they ranged from the obvious local gems, such as the beach and Intracoastal Park, we noticed a large amount of feedback for restaurants. It was obvious our fans love to dine out, so we held a special restaurant "run-off" and received 236 posts! At a 2017 Art in Public Places exhibit, highlighting the nonprofit organization Artists with Autism, we met a brilliant and creative 26 -year-old artist named Brandon and contracted with him to paint the 18 calendar pictures. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? To achieve these goals, the city's Americans with Disabilities Office, Art in Public Places Division, and Public Communications and Marketing Department worked together with the nonprofit association Artists with Autism. Posts on the City's main Facebook page reached nearly 40,000, with a click -in rate of over 2,000 and an engagement of 800. 1 n addition, our Twitter post generated over 4,500 impressions with an engagement of 55. In the top inside page, the City highlighted the artist, provided facts about autism and listed five achievements from the past year relating to our Autism Inclusion Program. FISCAL IMPACT: Budgeted The City calendar is budgeted under account numbers 001-1212-519.47-10 (Printing & Binding), 001-1212- 519.41-12 (Postage) and 001-1212-519.49.17 (Other Contractual Services). ALTERNATIVES: N/A STRATEGIC PLAN: Boynton Beach Branding STRATEGIC PLAN APPLICATION: The 2018 City Calendar is a unique communications tool that differentiates Boynton Beach from its competitors and provides a strong message that Boynton Beach is inclusive. Page 11 of 508 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Addendum Description 2018 City Calender Page 12 of 508 AWUT @Uk 201b (AIINDA� Facebook Ehhf + Arf in Public Places r is s with Autism + Americati with Disabilifles Ad z Our 20119 Calehdar It all started in October when we asked our Facebook fans to post their two favorite places in Boynton Beach. We received 120 responsesl While they ranged from the obvious local gems, such as the beach and Intracoastal Park, we noticed a large amount of feedback for restaurants. It is obvious our fans love to dine out, so we held a special restaurant "run-off" and received 236 postsl At a recent Art in Public Places exhibit, highlighting the nonprofit organization Artists with Autism, we met a brilliant and creative 26 -year-old artist named Brandon. He has spent the last 30 days meticulously painting 12 colorful and fun images of the favorite places that received the most votes from our Facebook fans. We hope you enjoy this year's calendar as much as our team did collaborating to make it a reality. DID YOU KNOW? -.z Autism Spectrum Disorder (ASD) is a developmental disability that can cause significant social, communication and behavioral challenges. .z Autism is one of the fastest-growing developmental disorders in the United States. .z One in 68 individuals are diagnosed as being on the autism spectrum. -_z Boys are nearly five times more likely than girls to have autism. There is no medical detection or cure for autism. but early diagnosis and intervention may help. To learn more about our autism programs and inclusion policy, please contact Debbie [Majors, AOA Coordinator, at 561-742-6241 or majorsdCo bbffl.us. To learn more about autism, visit ws%w.autismspeaks.org. WHAT IS gOUR FAVOMI F[A([ IN Wg NTON EAM Barton Memorial Park Cemetery My favorite place in Boynton Beach is Barton Memorial Park Cemetery located in the Cherry Hill neighborhood adjacent to 1-95. The park, expanded in 1970, includes a cemetery that was the original burial ground in Boynton Beach for the African- American community. It is a special place to me; many of my relatives and friend's family members are buried there. Page 14 of 508 HURRICANE ALLEY RAW BAR c`& RESTAURANT JAN � aufun� fog• the fish ` o bite or Waufun� fog• wind ` o fly a UAKg kite or waffing around for Friday night—°" e DR. SEUSS SUNDAY NDA TUESDAY DA THURSDAY A FRIDAY SATURDAY /AMMt-.A inn^MA/\AAA^^^A^A^AAAA/%^A AAA^AA^nnnnnnnnnn\nAAA NEW YEAR SOnt n .,LIDYY C 1} C o 1 mission Mfg, I� 1 usion Sup i ori Tech Movies in the Park MLI< Parade City wall ,.,6r_eaa 6:30 pin, Cify Hall 3',30 p. n, City I all 7,00 pin, Al- i _ lttheatre 1 ,00 pirn, Sora Sims Park CRAAdvisory Bd, Mfg, CGlehrafion of Unity 6,30 pm, City Hall 2,00 pm, Ocean Avenue Ainphlth0atre i 2 3 4 5 6 Seno A ivisory Bd, Mfg, Movies & 'rlt1G of St Musical "11110 of Snow, f lusical 215 pm, Senior Center Documentaries 2.00 pm & 8.00 pm, 2,00 pm & 8,00 pm, HistoricalResources 200 pm, Library BB Playhouses BB Playhouse Preservation Bd, Mfg, Arts Commission Mfg, Busiress Awards Gala 6,30 pin, city I all 6,30 pin, Fire Staflon d:2 6.30 pm, Berveruto 7 19 9 10 11 Restoulrart 12 13 'TtlO ol Musical MLR vnr n..,SIDYY cil Co 1 1 ussion Mfg, Community SCRIM&D Ld, Mfg, `III10 of Show' B us! cal "III10 of Snow' N us! cal 2.00 pm & 8.00 pm, Croy n at Cloos as 6,00 pin, Cify Ha11 Stmdards Heciegs 6:00 pin, 1',00 pm & 8,00 pm, 2,00 pi 1 i & 8,00 pm, BB Pl�rynause 1,11P Day of Service 9.00 am, Clty Ball SCRV✓f&D Plani BB Playhouse BB Playhouse [,,If K Celebrrtion Gala 7,30 am, Hester Park CRA Bd, Mfg, 6.30 pm, Berveruto 6,30 pm, City I all Music on tele Rocks RGsfa��rae't 6DDp�,�, 14 15 16 17 1g AinpP,lfheafre 1 20 '11110 of Snow"lus!col Roc cation & Parks PI 1 Hing & Li a.} Ld, Mfg, Movies & `TI110 of Show' B usical 'Tt of Sh"v' Musical 2,00 pin & 8,00 pm, Bd, Mfg, Devo!op-neni Ld, Mfg, 0,00 pirn, Library Docu neniaries 1,00 pm & 8,00 pm, 2.00 pin & 8.00 pin, BB Playhouse 6,30 pm, City I all 6,30 pm, 6y I all 2,00 pm, Library BB Playhouse BB Playhouse Historical Society Mfg, Education &Youth All Walk & 0,30 pm. IJbrary Advisory Bd, Mfg, Oper M1c Night 6,00 pm, Cify Hall 6'00 BEAD 21 22 23 24 25 26 pm, 27 DECEMBER 2017 FEBRUARY 2018 S M i W i F S 1 2 34 5 6 8 9 S M i W i F S 1 2 3 4 5 6 7 8 9 10 /7�( 2 V 29 30 31 10 11 12 13 14 15 16 1 18 19 20 21 22 23 244 25 26 2] 28 29 30 31 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2] 28 Meetings and events subject to change. For current information, visit o Ilion• each.or , call S61.742.6010, or get social. Page 16 of 508 CRAAdvisory Bd, Mtg, Movies in the park Clean-up 6,30 pm, City Hall /:03 pm, Aln-phitneafre 8,30 am, Oceanfront Park 1 2 3 CI} Car,: Mtg, I' i0 fern' Pension Movies 6C f4agie Wheels Barrier Free 5Y 6,30 plm,r C'dy Hall Trust Fund Mfg, Documentaries &Special Deals 7'.30 am, 9',00 am, Fire Station d:5 2,00 pm, Library 6.00 pm, Barrier Free Park Ads Commission Mtg, Balner Fee Pall, Art Walk & 6,30 pm, Fire Station d:2 Open "'!C Night 6,00 pm, BAD 4 5 6 7 g 9 10 Histoi alesources Poi cOfficers ori a Music on the Roccs Food D rriauflon Preservatloil Bd, Mtg, Fund 1,11g,10,00 am 6,00 pm, Amphitneatre 10,00 am, 0,30 pm, City Hall Pension Office WPB Greater St, Paul AME CRA Bd, Mfg, 6',30 pm, City Hall 1i i2 13 14 15 i6 17 PRE+v_N S DV( Cly Co r Ic ussion Mtg, C o nmunity Sta rdaids Movies 6C INurder at the "Murder of the 6,30 µm, C'ily Hall Ilea! ii Documentaries Howard JJ 1nSOn's, Howard JJ 1nSOn$" Ci:O-IDetit rfr mA Closeaa 9:00 am, C'ily Hall /,00 pm, Library 9,OJ pm A 8:00 pm, 2,00 pn l & 8,00 pm, Historical Society Mtg, Education &Youth BB Playhouse BB Playhouse 6'.30 pm, Location TBD Advisory Bd, Mtg, 6 00 pm, City Hall22 is 19 20 21 23 24 "Murder at the Employees Planning 9, Library Bd, Mtg, JANUARY 2018 MARCH 2018 Howard Johnson's" Pension Bd, Mtg, Development Bd. Mfg. 6,00 pm, Library s M t w t F s s M t w t F s 2,00 pm tk 8,00 plm, 1'.30 pm, C'dy Hall 6.30 pm, Clty Hall 1 2 a 4 s 6 1 2 3 BB Playhouse R6creaflon & ] 8 910 11 12 13 4 5 6 ] 8 9 10 Parks Bd, MJg, 14 15 16 1] 18 19 20 11 12 13 14 15 16 1] 25 O',3 prl"I, Glly Fla 26 27 7V[ 28' 21 22 2'24 25 26 2] 28 29 30 31 8 19 20 21 22 23 24 25 26 2] 28 29 30 31 Meetings and events subject to change. For current information, visit o Ilion• each.or , call S61.742.6010, or get social. Page 16 of 508 BOYNTON BEACH ART OISTRSCT /AA1 (H as somehow you'll escape all that waiting and staying. You'll find the bright places where Boom Bands are playing." - DR. SEUSS SUNDAY NDA TUESDAY DA THURSDAY A FRIDAY SATURDAY ^A/\A^/ AA/%A^AAAAAA^^^A^^A^AnnnnnnnAnnnnnnnnnnnnAAA,%nnnn FEBRUARY 2018 APRIL 2018 CRAAdvisory Bd, Mig, Arl in Bloom, 10,00 am, Hunger Wa10K Run S M t w t F s s M t w t F s 6,30 pm, Cily Hall Children's Museum 7,00 am, Fish Depot 1 2 3 1 2 3 4 5 6 5 Movies in the Park Arl in Bloom, 10,00 am, 4 5 6 7 s 9 10 s 9 10 11 12 13 14 /',00 pin, Amphitheatre Children's Museum 11 12 13 14 15 16 17 15 16 17 1s 19 20 21 "Murder at the "Murder al the 18 19 20 21 22 23 24 25 26 27 2s 22 23 24 25 26 27 2s 29 30 1 1 l 1 d JJ 1 1 o l s" J 06 i n 3 3 OL) i �In, 2 I J a 110 JJ J',0� p 11 i$ BB Playhouse BB Playhouso "Murdor al the CI} Co 1 imiss! oh I," I g Ats Comm ua, Mig, Murder at the Communmy Hiness Day Iowa o Jo nson's' 6,00 0rn, Cily Hall 6:30 pin, Fie Stalion d:2 l toward Jo`rwr 0 10,00 am, 2,00 pm 8"8,00 pm, 2.00 pm & 3.00 pm, Ocean Avenue BB Playhouse BB Ployhouss "Murder at the Howard Johnson's" 2,00 pm K 8',00 pm, 4 5 6 7 g 9 BB Playhouse 10 Historical Resources CRA Bd, Mfg. Blarney Bash Preservation Bd, Mig, 0,30 pm, Cily Hall 4,00 pm, Amphitheatre 6,30 pm, Cily Hall ii 12 13 i4 15 i6 17 Histoial Sociely Mig, Cly Co 1 ' :ssion Mig, Cornrunty Co munity Sta ldards Education K, Youth Souo fth 10 Police 630 ph/, Location TBD 630 pm, Cily H,II Hearings Advisory Bd, Mig, I<9 Competition 9,00 am, Cily Hall 6,00 pm, Cily Hall 2,00 pm, BBCHS Arl Walk k Open Mm "ghl b',00 pm, B"24 119 19 20 21 22 23 Recreallon & Parks Planning 9, Lldrary Bd, Mig, r: +!OMER Lgg-n ovogama Lvehi Bd, Mig„ Development Bd. Mfg. 6,00 pm, Libary ?3sgns 10,00 am, 6,30 pm, Cily Hall 6.30 pin, Clty 11,11 Hester Center 2SI 26 27 219 29 30 31 Page 17 of 508 BOYNTON HARBOR MARINA Today is your day. You°re off to Great Places! Apf I L fou°re off and ae a ! . SEUSS SUNDAY NDA TUESDAY DA THURSDAY A FRIDAY SATURDAY nMA/\AA^A^ SMAAAA^^^^A^A^AAAAA^AAAA^A^A^n nnnnnnnnnnAAA E gcR Seniu Adv'sory Bd ,11g, CI} Co linlsuon Mfg, I�i.,us;on Su_kotToam Bovies in the Park S'CVER 9:16 1 i Senior Corer 6:30 pin, C'ily Hall 3:30 pin, C'ily I all 8,00 pm,,L 1 r_ 01-'eafrc End Play for Pnk Golf tournament 1',00 pm, the Links 1 2 3 4 5 6 7 Kcr0V,1ACKFD I lista al Resourccs CRA Bd f ifg, 'tS Co!SSIon PAg, utl-I 1a foefry P res v ltio l Bd ,11g, 6:30 p-11, Cify I all :30 pirn, Fii. S a ion 042 Coob atioa o'.30 p 1 i, Cdy Iah 2,00 pm, MAD g 9 10 11 12 13 14 Histot„al Society Mfg. Cly Co 1 i2 ussion Mfg. Community Standards S RV'!0&D Bd Mfg, Music oar tl to Roccs ishing Tom 11n e 1[ 6'.30 p n, Location TBD 6,30 i m, C'ily Hall Heartngs 6:00 pm, ',00 pm, 11r 1liheatre 12,00 pm, 9.00 am, Clty Hall SCRV,1T&D Plan[ Harvey Oyer Fark Concert on the Green 3 00 pm, the Links 15 16 17 1g 19 20 21 Recreation & Parks Planning & Libary Bd, Mfg, Education &Youth Princess & Bd, Mfg, Development Bd, Mfg, 6,00 pm, Library Advisory Bd, Mfg, Super Heroes Day 6,30 pm, C'ily Hc111 6,30 pm, CBy Hall 6,00 pm, Cify Hall 10,00 am, Children's Museum 22 23 24 25 26 27 29 MARCH 2018 MAY 2018 S M i W i F SS 4 5 6 7 8 9 10 M i W i F S 1 2 3 4 5 6 7 8 910 11 12 29 30 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2728 29 30 31 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2728 29 30 31 AD Page 18 of 508 THE SOL OASIS BOYNTON BEACH YOGA SPA HEALING ARTS CENTER .So be sure when you step. Step with care and great fact KA9 and remembe • that Life's a Great Balancing Act." e DR. SEUSS SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY ^A^^/\AAAA^^^AAAAA^^/\A^^A^AAA/%AnnA/%nnnnnnnnnnnnnnnnnnnn ► 114 144 Su -Bear..Vor . call S61.742.6010, or get Page 19 of 508 q ot1 ► CCI} o 1 1 iissio, Mfg, C l t l Crs Pension C f A A lviso } L 1 . Mfg, ovcs in tl1 1 ak 6 01 1i ClyI :I liu!l i�uk,11g, -0Iirn,Cil hall 8,001m,Location IBD 9,00 am, Fire Station d:5 1 2 3 4 5 11 stulcol Society Mfg, Plhce O fi oisCis Ca 'Son P gig AlI V"alr M ,001x11 Ful o1FindMfg, 0pn, No Station d: 2 O. 1[,"!C Ogsf V✓o�n 1sCluu 1000 orn, 6,00 pn i, MAD Pension Office WPB LIRABd, Mfg, 6'30 pin, Cify Hall 6 7 19 9 10 11 12 I] „to c l h ourccs Cil C o r i2 ussion Mfg, C c n unity Fooi W 1e & ls! on tl1 t o :s res rh v o 1 L 8, ,g 0 , Cify I all 6 i 1 i Sto diads Ileoiings New 6 1-livc 00 pm, Location IBD 6,30 I_ 1 i, Locafio n IBD S 0 1 am, Clty Hall 00 pirn, Le vo luto f-lauiCnf 13 14 S 16 17 119 19 Employees Pension Planning & Lidrary Bd, Mfg, Education is Youth Bd, Mtg, Development Bd, Mfg, 6,00 pm, Lihrary Advisory Bd, Mfg, I '.30 pm, Cify Hall 6,30 pm, City I al! 6,00 pm, Cify Hall 20 21 22 23 24 25 26 MEMU'pif.t DAY APRIL 2018 JUNE 2018 EIr Ply S M i W i F S S M i W i F S m!S /n;All C( of a 1 2 3 4 5 6 ] 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 9 27 /7�( 21 29 30 31 1516 17 18 19 20 21 22 23 24 25 26 2] 28 29 30 10 11 12 13 14 15 16 1 18 19 20 21 22 23 24 25 26 27 28 29 30 Su -Bear..Vor . call S61.742.6010, or get Page 19 of 508 q ot1 ► JANE BOYNTON BEACH OCEANFRONT PARK .It,s opener there in the wide open air." e DR. SEUSS SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDA) MAY 2018 JULY 2018 Movies in the Park S M T w T F s 1 2 3 4 5 s M r w r F s 1 2 3 4 5 6 8 9 10 11 12 13 14 8',30 pm, Location IBD 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 lire A, es!y Day li r. A,.nnesty Day I r. A,.nnesty Day heA, esty Day Tre Amnesly Day City Commission Mtg, Cl2AAdvisory Bd, Mtg, 6,30 pm, City Hall 6,30 pm, City Hall 3 4 5 6 7 8 9 I I stoi aiesources CR A Ld, Mtg, A, [s Ca ssion Mtg, Music on ills Iy,ccs At Walk & Pres., v ltlon Bd, Mtg, 6,-0 ism, C'ily I Iall 6,30 p n, l o Station d:2 0,00 pm, Lo.,afion IBD Open f 'c OigP11 0,30 pm, City Hall 6,00 pin, HAD iO 11 12 i3 14 i5 16 Cily Commission Mtg, Community 6,30 pm, C'ily Hall Standards Ileuings 9.00 am, City Hall 17 is 19 20 21 22 23 Recreation PC Parks Planning 9, Library Bd, Mtg, Education P, Youth Bd, 1,11g, Development Bd. Mfg. 6,00 pm, Library Advisory Bd, Mtg, 6,30 pm, City Hall 6.30 pm, City Hall 6,00 pm, City Hall 24 25 26 271 28 29 30 Meelinos and events sublect to change. For current information. visit Bounlon-Beach.oro. call S61-742-6010. or oet social. Page 20 of 508 PAINTING WITH A TWIST .Oh, theh�� s youll o. ju[g There is funs to e done."" e DR. SEUSS SUNDAY NDA TUESDAY DA THURSDAY A FRIDAY SATURDAY Meelinos and events sublect to chanoe. For current information. visit Bounlon-Beaci.org. call S61.742.6010. or gel socifi Page 21 of 508 Seniu Adv'soiy Bd ,11g, Cily Co linlsuon Mig, INDEPENDENCE DN I�1.,us;on Su_po.t Toon 9,16 1i Senior Co-rer 6:30Igym, City Hall .;alDV :30 pm, Cily Moll Croy mall Closeaa CRAAdvisory Bd, Mig, July 4th Festivities 6',30 pm, City HOII 6,00m, paalal 1 2 3 Inlra Parl, 4 5 6 7 f„to a l c our cos CRA L r, f itg A:ts Colsua, [,,'Ig Pres va io 1 Pd. f iig, 6:30 1 i, City I IcrII ,-0I n, R. 5 alio, d:2 6',30 1" Cily I ah g 9 10 11 i2 i3 14 City Commission Mig, Community SCIM&D Bd, Mfg. 6',30 pm, C'dy HoII Standards Hearings b,00 pm, 9.00 am, Clty Hall SCRV,1T&D Plan[ 15 i6 17 119 19 20 21 Recreation & Parks Planning & IJbrary Bd, Mig, Education &Youth Bd, Mig„ Development Bd, Mig, 6,00 pm, Library Advisory Bd, Mig, 6,30 pm, Cily HcrII 6,30 pm, 6y Hall 6,00 pm, City I ah 22 23 24 25 26 27 219 JUNE 2018 AUGUST 2018 S M T W T F S 1 2 3 4 5 6 ] 8 9 S M T W TF S 1 2 3 4 5 6 ] 8 9 10 11 29 30 31 10 11 12 13 14 15 16 8 19 20 21 22 23 24 25 26 27 28 29 30 12 13 14 15 16 17 18 9 20 21 22 23 31 25 26 27 28 29 30 31 Meelinos and events sublect to chanoe. For current information. visit Bounlon-Beaci.org. call S61.742.6010. or gel socifi Page 21 of 508 BOYNTON BEACH CITY LIBRARY AU6UST. You have brains in your head." e DR. SEUSS SUNDAY NDA TUESDAY DNES A THURSDAY A FRIDAY SATURDAY /AAAAA/\/Mnn^A^A MAAAAnnMAn/innnnnnnA^AAAnnnnnn JULY 2018 SEPTEMBER 2078 FireflgPllers Pension CRAAdvisay Bd, Mtg, S M t w r F s s M t w t F s bust Fund Mtg, 6,30 pm, City I all 1 2 3 4 5 6 ] 8 9 10 11 12 13 14 1 2 3 4 5 6 7 8 9',00 arn, No Station 16 15 16 17 18 19 20 21 2223 24 25 26 2] 28 29 30 31 9 10 11 12 13 14 15 16 17 18 19 20 21 22 330 24 25 26 2728 29 1 2 3 �i 4 olico Officors, Is Ca- missia- Is% Bock to School I.n<ia- Ford Mtg, 6,30 p-, Fixe Stclia Y2 HeaIIhFci 10',00 am, 10,00 cm , o r <ia- Officc Me, St, JoI1n Missiom y missio, City Comn Mtg Loi List Church 5 6 6"°pr,,CtyIc1h 7 9 9 10 11 Historical Resources CRA Bd, Mtg, Community Preservation Bd, Mfg. 6,30 pm, City Hctll Standards Ileartngs 6,30 pm, City Hall 9.00 am, Clty Hall 12 13 14 15 16 17 18 CIly Commission Is% Library Pd. Mfg. Education tdYouth 6,30 pm, Cily Ho11 6.00 pm, I INafy Advisory Bd, Mtg, 6',00 pm, City Holl 19 20 21 22 23 24 25 Employees Pension Planning 9, Bd, Mtg„ Development Bd. Mfg. 130 pm, City Hall 6.30 pm, City Hall Recreation 8, Parks Bd, Mtg„ 261 630 pm, City Hall 27 28 1 29 30 31 Page 22 of 508 LITTLE LEAGUE PARK Anil the maical things you can do with that ball will I FT1 K� I K, - make you f9e winning -est winner of all." e DR. SEUSS SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY / A^/\^/\AAA^^AA/\/\AA^A^^A^AAAAAAA^AAAA/*,nnnnnnnnnnnnnn^Ann AUGUST 2078OCTOBER 2078 Clean-up s M r w r F s s M r w r F s 8,30 am„ 1 2 3 4 5 6 7 8 9 10 11 1 2 3 4 5 6 7 8 9 10 11 12 13 Oceonironi Pull: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 -ARCR D ! nC'JDW CI} C o 1 emission lig, C R'AAdviso } Ld, Mig. Clay malt Closeaa 6,30 pm, Cily Hall 6,30 pm, City Hall 2 3 4 5 6 7 g R?"J K €iAsadhHistol Resources R i nN;,,HANAH y is Comm ssion Mig, Ciegns Preservation Mi Bd, g, Ennis 6,30 pm,Re , re Station d:9 6',30 pm, City Hall CDMA Bd, Mig, 6,30 pm, City Hall 9 i0 11 i2 13 14 15 C'Il Ca1 i2 ission Mig, V� isi Kp .JR isi K(,P-R 6',30 pm, C'ily Hall bugins Erna: Community Standards Hearings 9,00 am, City Hall i6 i7 19 19 20 21 22 23 Ree eotlon & Parks Planning 9, Li a} R 1 f4ig Ld alio, P ouch Pd. Ig„ Dav elcpmel t Bd. Mt„a. 6:00 p Libray Adv so y Bo, B ig, 6,30 pm, City Hall 6.30 pm, City Hall , City 6,00 pmHall 30 24 25 26 27 28 29 Page 23 of 508 O(TO 6ER SCHOOLHOUSE CHILDREN'S MUSEUM AND LEARNING CENTER .You can steer yourself any direction you choose."- DR. SEUSS SUNDAY NDA TUESDAY DA THURSDAY A FRIDAY SATURDAY AA^Zx/ AAAAnn/MAAAA^^^^,XAAnnAAAAn^AAAAA^^^^nn^A^AAAAAnAAA Page 24 of 508 Seno Ltv'sory Bd, Mig, CI} Co 1 imission Mig, I� i., us;on Sup p oil Team Movies in fie Pork Cloan-up 9:1 b pm, Senior Center 6,30 pm, C'ily Hall 3,30 pm, C'dy Hall /:30 pm, Location I BD 8,30 am, Cl2,4 Advisory Bd, Mfg, Oceanfront Park 6',30 pm, City Hall 1 2 3 4 5 6 Histo c f'esources CR I Ld, Mig, 'Uts Comm „ion Mig, cJ F-livol Event Reservation Bd, Mig, 6,30 pm, City Hall 6,30 pm, Fire Station d:2 3'.00 pm, 6,30 pm, Cily IFall Intracoastal Pork 7 19 9 10 11 12 13 City Commission Mig, Community SCRV!/1&D Bd, Mig, Schoolhouse Ahoy 6,30 pm, City IFall Standards Hearings 6:00 pm,10,00 am, 9.00 am, CII Hall SCRs/1&D Plan[ Children's Museum 14 i5 16 17 119 19 20 Schoalt ouse Ahoy Recreation &Parks plan-, no & Li a} Bd, Mig, Education &Youth Pirate Fes[ & 11.00 am Bd, Mig„ Devc!op nen[ Ld, Mig, ',00 tirn, Library Advisory Bd, Mig, Momnoid Splash Chide Museum 6,30 tirn, Ci[y IFall 6,00 pin, C'dy Ilan ',00 pm, Ci[y IFall [ [,00 c n, Location IBD 21 22 23 24 25 26 27 Plrafe Fes[ & SEPTEMBER 2018 NOVEMBER 2018 Mermoid Splash S M f w f F S S M f w f F S I I',00 aln, Location IBD 1 23 4 5 6] 8 1 2 3 4 5 6 8 9 10 /7y( 21 29 30 31 9 10 11 12 13 14 15 16 1 28 19 20 21 22 23 244 25 26 27 28 29 0 11 12 13 14 15 16 17 19 20 21 29 23 24 25 25 26 27 28 29 30 Page 24 of 508 NOVEN`6Ef� C bUE SOUTH BREWING CO, .You, e on your owns. Anil you know what you know. Anil You are the guy wholl decide where to o." e DR. SEUSS SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY OCTOBER 2078 DECEMBER 2078 Movies in the Park Clean-up s M t w t F s s M t w t F s 7,00 pm, Location IBD 8,30 am, 1 2 3 4 5 6 7 8 9 10 11 12 13 1 2 3 4 5 6 7 8 Oceanfront Pgrk 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 10 11 12 13 14 15 1617 18 19 20 21 22 23 24 25 26 27 28 29 2 3 30 31 C an 1i lity C c Ing Ctl E-ECTICIN DAY of Csors Pu loon Irusf A,Is Comm so 1 I 1g, C larx gv lg (C -c al Lection for Fund d IIg, 0 pirn, N. S atlun d:2 8,00 am, Palm1 Beach County) 9',00 am, Fire Station /F6 Fish Depof Bar K, Gi lle Cily Commission Mfg, 6,30 pm, Cily Hall 4 5 6 7 g 9 10 VETERANS DN, Pdiccs Officers C'o 1 imunity C aing Ctl B uslc on the I2oc:s Cornuco. la Prgecf C KI RVED Pc 1 oa Fund Mfg, Fall Gala ',00 pm, Location IBD 8,30 a 1 ca 1i,munity Cify nail cicseaa I NO am, 6,30 pm, Caring Center Pension Office WPB Benvenufo Resfauranf CW'sBd, Mfg, 6:30 pm, City Hall 11 12 13 14 15 16 17 CCly o limission M fg, C ori�nuntty - v,r THANKSGIVING r - Df AFTER 6,0 pm, Cily Hall 0 StarIda ds I leoings.,-IDAY Tn.ENKSGI alN ., n CDN' 9,00 am, Cily Hall Cry nail Closeaa Cly{ mail Cfcseaa 119 19 20 21 22 23 24 Employees Pension Planning 9, Library Bd, Mfg, Bd, Mfg, Development Bd. Mtg. 6,00 pm, Library 1'.30 pm, Cily Hctll 6.30 pm, City Hall Recreation & Parks Bd, fg 25 6 0" p� , Gl,y Ra1126 27 219 29 30 Heelinos and events sublect to chanoe. For current information. visit Bounlon-Beach.oro. call S61.742.6010, Page 25 of 508 SEACREST SCRUB NATURAL AREA On and on you will hike. Arid I know youll hike f ar and face up to your problems whatever they are-"- DR. SEUSS SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY NOVEMBER 2018 JANUARY 2019 1 ollday Parade, 4,00 pm, S M T W T F S S M T W T FS Federal IIgI,Way 1 2 3 1 2 3 4 5 Iree LigPlling 6C Concert 4 5 6 ] 8 9 10 11 12 13 14 15 16 17 6 ] 8 910 11 12 13 14 15 16 1] 18 19 J',30 pin, Location TBD 1819 20 21 22 23 24 25 26 2728 29 30 20 21 22 23 24 25 26 2728 29 30 31 1 mAN�'kAH Tire Al eay Day lino A, esty Day li c 11ir,eay Day TI r. Al eay Day Tre Ami,esty Day ?3tsgns Cly Co1is:ssial Mtg, CLAAdvisoi Ld, IIg, fn sles in tte Park 6,30 pm, C'dy Hall 6,30 pm, C'dy Hall 7.00 pin, Location TBD 2 3 4 5 6 7 g m%N�KKAH CRA L ,, IIg, Chamber m I IUidnt ,is C a o 1 1 "'Ig I to diday BoatPala io Er,a 6:30 n, C'dy Hall I r )c hear, 6:30 p n, File S ahon d:2 ':30 pir i I ai l sources 1 am Lo}111or1 I l 1 o f carina Preservation BdMtg, , 9envenuto Restaurant 6,30 pm, City Hall 9 10 11 12 i3 14 i5 CICommission Mtg, Community Music on the Rocics 6,30 pm, C'dy Hall Standards Hearings 6.00 pm, I ocAar, TSD 9.00 am, Clty Hall 16 17 19 19 20 21 22 23 24 Chkt.TMV6 SAY KW Z h Ld a11on &,ouch PiDLIDAY Bk-'gns s Advso.y Bo. Blig, RI TMA- -1 OTy H II Orb nrF' LI a y Bd, Mtg, 6':00 µn, C'dy Hall CrJ IDnr y nail 6,00 pm, Libra Zr Cin=a', 30 31 25 26 27 28 29 Page 26 of 508 N9'ON IlAdld Ij 'eliDpiepniDl �joj CIlVd IeVISOdsn CIIS IdSdd A'd3WV3'dO'V 301 NVIIVII)IIVMQdM] 3HI "d3AOO 3FSI NO 9�'VCC Dr.)IIOIJ 'q0DE)q LIOILIA09 - r.)Alg q0DE)q LIOILIA09 '] 00 [ IdE)(] f)LJl.[ejJDN -Q SLJ0I.[D0ILjnwwo.) :Dilqnd 3.C. ANNOUNCEMENTS, COMMUNITY AND SPECIAL EVENTS AND PRESENTATIONS 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Announce the Special Democratic Primary Election on Tuesday, January 30, 2018 for State Senate District 31 which includes all voting precincts in the City of Boynton Beach. Polling locations will be open from 7 am to 7 pm. Early voting will commence on Saturday, January 20, 2018 thru Sunday, January 28, 2018 at three locations in Senate District 31 being Ezell Hester Community Center, Hagan Ranch Rd. Library and Lantana Library from 10 am to 6 pm. EXPLANATION OF REQUEST. N/A HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: No cost to the City, Palm Beach County Supervisor of Elections incur all costs associated with this special election. ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Location Map Attachment Description Senate District 31 Map Sample Ballot Dem Primary Page 28 of 508 si Florida State Senate District 31 Royal Cloud Oke Palm Palm Beach sos West Beach Palm 441 110 Beach $t,��8�2 tellington Palm nrin Sp , I , g s F Springs G rf o' reenacres 8009 8002 Atlantis 8102 812 807 C81 2 441 91 809 8007 ti 41 Boynto 804 91 809 31 Golf Delray r—T—r—T--- 7-17-1 0 41 2 91 4 Miles Map produced by The Florida Senate 404 S, Monroe St., Tallahassee, FL 32399-1100 Website: hftp:/fwww.flsenate,gov/redistricting Sh6,tes 02 ,aL,'ake Worth South 1 am Lantana Beach Hypoluxo Ocean Ridge n Bach ;J Briny Breezes Gulf Strearn 12111 lehkilld Beach =State Senate L _j Counties Interstates Highways Major Roads Roads Railroads Water Bodies Munic!palities State or National Parks and Forests I i I I I I PALM BEACH ronalapan N V,E S 11109/2016 Page 29 of 508 SAMPLE BALLOT - MUESTRA DE BOLETA OFFICIAL SPECIAL PRIMARY ELECTION BALLOT BOLETA OFICIAL DE ELECCION PRIMARIA ESPECIAL r_ JANUARY 30, 2018 30 DE ENERO DE 2018 DEMOCRATIC PARTY PARTIDO DEMOCRATA r• r• r• PALM BEACH COUNTY, FLORIDA r• CONDADO DE PALM BEACH, FLORIDA Instructions: To vote, connect the head and tail of the arrow pointing to your choice 41--y next to your choice. Use black roller -ball pen or felt pen. If you make a mistake, askfor a new ballot. Do not cross out or your vote may not count. Inst—cones: Pare votar, conecte Is Punta y Is cola de Is flecha qua sehala su eleccidn 4--y al lado de su elecddn. Ufilice un boligrefo o un plumdn negro. Si comete un error, pida una boleta nueva. No tache o no as pods contar su voto. Stats Senator District 31 Senador Estatal Distrito 31 (Vote for One) (Vote per Line) Lori Berman ♦ me Arthur Morrison 4- y YOUR POLLING LOCATION is listed on your Voter ID Card. You must notify the Elections Office if you move from the address listed on your Voter ID Card. If you are unsure of the polling location of your new Precinct, call 561-656-6200. The polls are open from 7:00 A.M. to 7:00 P. M. on Election Day. SU CENTRO ELECTORAL esta nombrado en su Tarjeta de Identificacion Electoral. Tends que informar a la Oficina de Elecciones si se muda de la direccion nombrada en su Tarjeta de Identificacion Electoral. Si no esta seguro del Iugar donde debe votar en su nuevo distrito electoral, Ilame al 561-656-6200. LAS URNAS ESTAN ABIERTAS DE LAS 7 AM A LAS 7 PM EL DIA DE LAS ELECCIONES. CURRENT AND VALID PICTURE AND SIGNATURE ID IS REQUIRED when you go to your polling place to vote. Each elector is required to present a current and valid Florida Driver's License, a Florida Identification Card, or any other acceptable picture ID listed under F.S. 101.043. SE REQUIERE IDENTIFICACION VALIDA Y VIGENTE CON SU FOTOGRAFIA Y FIRMA cuando usted va a los centros de votacion a emitir su voto. Cada elector debera presentar la licencia de conducir de la Florida, Tarjeta de identificacion de la Florida valida y vigente o cualquier otra identificacion con foto aceptable bajo la lista del FS 101.043. Page 30 of 508 5.A. ADMINISTRATIVE 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Reg and2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Community Redevelopment Agency Advisory Bd. 1 Reg Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 2 Alts EXPLANATION OF REQUEST. The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non -budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 31 of 508 ATTACHMENTS: Type Description D Other Appointments &Applicants D Other Barber, Anthony D Other Lewis-Condon, Dolene D Other Corny, Bethanie D Other Karageorge, Mark D Other Paguth Arivala, I\Aathi I\Augilan D Other Voce, Cory Page 32 of 508 APPOINTMENTS AND APPLICANTS FOR JANUARY 16, 2018 Arts Commission Mayor Grant Alt I Katz Alt II McCray Reg Applicants None 2 yr term to 12/19 Tabled (3) 2 yr term to 12/19 Tabled (3) 2 yr term to 12/19 Tabled (2) Building Board of Adjustments and Appeals Mayor Grant Alt 2 yr term to 12/19 Tabled (3) 1 Katz Alt 2 yr term to 12/19 Tabled (3) III Romelus Reg 3 yr term to 12/18 Tabled (3) 11 McCray Reg 2 yr term to 12/19 Applicants None Community Redevelopment Agency Advisory Board Mayor Grant Reg 2 yr term to 12/18 Tabled (2) Applicants Mathi Mugilan Paguth Arivalan Mark Karageorge Cory Voce Anthony Barber Colene Lewis Gondon _ Currently on Arts Commission Employee Pension Board II McCray Reg 4 yr term to 12/20 Applicants None Library Board 11 McCray Alt 2 yr term to 12/19 Applicants Bethanie Gorny Page 33 of 508 Senior Advisory Board Mayor Grant Alt 2 yr term to 12119 Tabled (2) 1 Katz Alt 2 yr term to 12/19 Applicants None Page 34 of 508 Ellis, Shaxia From: noreply@123formbuilder.io Sent: Thursday, January 04, 2018 5:48 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 01/04/2018 Name Anthony BARBER Gender Male Phone number 561-777-4934 Address 449 Tiffany oaks way BOYNTON BEACH FL 33435 United States Email Current occupation or, if Business Owner retired, prior occupation Education Are you a registered voter? Yes. e IJ Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business within City limits? If "yes", name of business: Are you currently serving on a City board? Yes Troy's BarBeQue No Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been convicted of a crime? If "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board Personal Qualifications Professional Memberships Feel free to attach/upload an extra sheet or resume. I Page 35 of 508 Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 174.227.128.164 (United States) at 2018-01-04 17:48:20 on Chrome 63.0.3239.73 Entry ID: 252 Referrer: www.boynton-beach.org/officials/community redevelopment agency advisory board.php Form Host: www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application Page 36 of 508 CITY OF • • ADVISORY BOARD APPOINTMENT APPLICATION Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all ansvvers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Name1TC��c G% L— �`�l1/ll / �/ Gender: Telephone #�> -4�7�% Address 0`3 0 1-01<e nit) P u v C�W /Z E-mail Address: C5� 4_1)U ( 1 Current occupation or prior occupation: , 2 ed 9 sJn4--e_ 4 2 Zip Code Z Other Zho S7�� Phone: -��'�,,/ Education t t n [,e.e- 6 d d%2!/✓ //sAn-1 / �6�Ll3o9 Are you a registered voter? !/1es No Do you reside within the Boynton Beach City limits? t/ Yes N Do you own/manage a business within the City limits: Yes No If "yes", name of business Are you currently serving on a City board? Yes No Have you served on a City board in the past? Yes No If so, which board(s) and when? Have you ever been convicted of a crime?(3 l If so, when �' l✓ Where Please indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities and meeting times and dates, see pages 3 and 4 attached. Arts Commission Building Board of Adjustment & Appeals _�Community Redevelopment Advisory Board Education and Youth Advisory Board EmployeesPension Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Library Board Planning & Development Board Police Officers' Retirement Trust Fund Recreation & Parks Board Senior Advisory Board 301 i A 0 3-I� 13tiJ-r rt ;r Ing t Page 37 of 508 P What personal qualifications do you possess (i.e., profession, previous experience, branch of military service or organization) which you feel would make you a good candidate for this board? Please be specific. Please list any professional memberships: Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. 0. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. I hereby certify that the statements and answers provided herein are true and accurate if appointed, any false statements may b . cause for removal from a board. 9 Si nature: C Date: C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc I understand that, Page 38 of 508 Ellis, Shazia From: bethanieg <noreply@123formbuilder.io> Sent: Tuesday, January 02, 2018 6:42 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 01/02/2018 Name Bethame Gorny Gender Female Phone number 609-226-8906 Address 18 Northwoods Lane Boynton Beach FL 33436 United States Email bethanieg@hotmail.com Current occupation or, if professor of Special Education retired, prior occupation Education M.A. Learning Disabilities (Rowan U.), Ed. D Special Education (Nova U) Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a NO business within City limits? If "yes", name of business: Are you currently serving No on a City board? Have you served on a City No board in the past?� If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Library Board Personal Qualifications I am interested in serving my new community of Boynton Beach. I've been a resident for four years. I have always been an avid reader and currently run three book clubs where I live. I am also a writer with published work both locally and nationally. I am a member of the Boynton Beach Library. Anything I can do to enhance its services, build on what is already available, or expand its services in accordance with its mission, is of interest to me. I also will help i Page 39 of 508 with ideas for fundraising if that is needed. I believe a library is one of a city's most important assets. I would like to assist with the development of the library as a critical community resource for all residents. Professional Memberships I am retired from : The Council for Exceptional Children The Learning Disability Association Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.46.67.210 (United States) at 2018-01-02 18:42:14 on Edge 16.16299 Entry ID: 251 Referrer: www.boynton-beach.org/officials/advisory boards.php Form Host: www.123formbuilder.com/form-583214/AdvisorV-Board-Appointment-Application Page 40 of 508 Ellis, Shaxla From: Sent: To: Subject: Attachments: Today's date Name Gender Phone number Address Email Current occupation or, if retired, prior occupation Education markkarageorge <noreply@123formbuilder.io> Tuesday, January 02, 2018 11:55 AM City Clerk Advisory Board Appointment application resmk.pdf 01/02/2018 Mark Karageorge 561-891-5364 240 A Main Blvd. Boynton Beach FL 33435 United States markkarageorge@comcast.net Property Manager B.S. Buisiness Admin., M.S. - Sports Management, many certifications, and licenses. Are you a Yes e- it.. registered voter? Do you reside within the yes Boynton Beach City limits? Do you own/manage a -To business within City limits? If "yes", name of business: Are you currently serving on a City No board? Have you served on a City board in Yes the past? If "yes", which board(s) and CRA & Code Compliance when? 1 Page 41 of 508 Have you ever been convicted of No a crime? If "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board Personal Please see Resume Qualifications Professional please see resume Memberships Feel free to attach/upload an w-�,vw 123formbuilder com/upload did php?fileid=ffb508575dcec0026e778792496546b6 extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 50.244.134.246 (United States) at 2018-01-02 11:54:53 on Chrome 63.0.3239.84 Entry ID: 249 Referrer:www.boynton-beach.org/officials/community redevelopment agency advisory board.php Form Host: www 123formbuilder com/form-583214/Advisory-Board-Appointment-Application 2 Page 42 of 508 '4t2s12017 ' XFXHTTY Connect resume From: MARKKARAGEORGE@comcast.net Subject. resume To : markkarageorge rmarkkarageorge@comcast.net> MARK KARAGEO AGE 240 A F AIT] BLVD. ROYNTM-1l BEACH, FL 33435 561-891-5364 ,iar:c:ar�a orcr�tu�or -�s`i: r-, SUMMARY. XFIN ITY Connect M RKKARAGEORGE@comcast.net - I^or]tsiCs Mon, Jan 23, 2017 06:47 AM A property manager with over fifteen years experience of proven management skills that generates exceptional customer service, increased revenue, increased occupancy, reduced expenses, customer retention and loyalty, as well as increased profits. PROFESSYOi"IAL EXPERIENCE: PSOPRRTY KANAGE-n AUS.2015 - PRESENT All County Elite Property Management, West Palm Beach, FL a Responsible for managing portfolios of properties in Palm Beach and Broward Counties for various owners. The activities including leasing, retention, collections, marketing, market analysis, maintenance, vendor relations, and legal. o Generated positive results of increased occupancies, increased revenues, c, and retention. Com'SULTAN'T A Pit. 2016 - AUG. 2016 Advised and performed customer service for fortune 500 company. Did marketing and sales for a regional catering service. Assisted property management companies with leasing and day to day operations. PROPERTY MANAGER DEC. 20 -15 -APRIL 20.16 MSP Management The Enclave at Delray Beach, Delray Beach, FL Responsible for managing all aspects of managing a 224 unit apartment community, including rent collection, marketing, leasing, tenant retention, and more. PROPERTY Gadd. NAGER 3AM. 2013 - DEC. 2015 Neighborhood Renaissance, Inc., West Palm Beach, FL • Responsible for managing all aspects of property management for over 78 scattered rental properties, including lease up, leasing, retention, rent collection, legal, marketing, maintenance, vendor contracts, budgets, reserves, tenant retention, and more. Work on following programs: SHIP, NSPI, NSP2, CHDO, and Market MANAGER jAIi. 2011- DEC. 201.2 CubeSmart, U- Store it (United Storage), Boynton Beach, FL • Responsible for leasing, merchandising, sales, maintenance, collections, marketing and retention. Increased revenues and occupancy • A consistent top performer in merchandise sales COMMUNTiY :iiARAGER C'CT.2C06-MAY2010 GreystarManagementServices-VillageClubApartments, Palm Springs, FL (314 units), Assistant Conarmunity Manager, Mizner Court at Broken Sound Boca Raton, FL (450 units) and LaCosta Boynton Beach, FL (328 units). Performed leasing, accounting, collections, marketing, retention, and day- to - day operations. • Secured sponsorships for resident events at properties. Used Yardi software. • Was 5u' best leasing professional in region for company in 2007 Superstar of teasing award. Had highest collections total for 6 -month period of any property in region, Was winner of pillar of excellence award for community pillar for 2009 Member of due diligence and take over teams. ASSISTAP T PROPERTY MAP GER MARCH 2004 - OCT. 2006 Olen Properties, Sanctuary Cove, North Palm Beach, FL (420 units). • Performed all bookkeeping for property Assisted in collections for all Palm Beach County Olen properties • Legal coordination with law office https://web.mail.comcastnet/zimbrafh1printmessage?id=-897003&tz=America/New York&xim=1 112 _. Page 43 of 508 4,26/2017 ' XFINITYConnect Performed outreach marketing, resident event coordination, and day—to - Day operations. Used MRI software. ASSIS7AtT1' PROP ,'tTY MANAGER 07*% 20100 —.MA;ZCH 2O0it , Tiammell Crow Residential Services, Savannah Palms Ft. Pierce, FL (160 units)(Savannah Palms was a tax credit property), Polo Lakes, Wellington, FL (340 units), St. James Club, Boca Raton, FL (224 units) as well as assisting at other properties from time to time. Performed leasing, retention, marketing, accounting, collections and day -to — day operations. • Used Rent roll and Yardi software. o Was nominated for awards in region. 4 Cross -trained in all positions on property. EDUC ,TIOM: Fundamentals of Code Enforcement —(level 1 Certification from the Florida Association of Code Enforcement) conducted by the Florida Institute of Government at the University of Central Florida& Florida Atlantic University. Score out of 100 was 93. Certified Community Real Estate Development graduate - University of South Florida 2014 Community Association Manager (licensed CAM) 2010 — 2012, 2015 — 2016 Certified Apartment Manager, (CAM) Southeast Florida Apartment Association (SEFAA) 2003 — current Realtor — license in escrow in PA M.S. Degree in Sports Management from United States Sports Academy, Daphne, AL B.S. Degree in Business Administration from Robert Morris University, Coraopolis, PA. COM MUiZi'Y/CIV1'C„ Board Member of Boynton Beach Community Redevelopment Agency (CRA) 2011- 2014 Board Member of Pathways to Prosperity (5011:3) 2010 — present Code Compliance Board Member City of Boynton Beach 2007 — 2011 Instructor for South East Florida Apartment Association (SEFAA) CAM classes certifying managers 2007 - 2009 Co- Chair Ambassador Committee of the Greater Boynton Beach Chamber of Commerce 2008 Ambassador for Greater Boynton Beach Chamber of Commerce 2006 — 2013 & 2016 - present Chair of subcommittee American Assemblies 20/20 Vision — Cityof Boynton Beach — Neighborhood Revitalization, Affordable Housing, Business Development & Retention 2006 — 2007. Volunteer Habitat for Humanity South Palm Beach County haps:!/web.mail.comGast.netlzimbralhlprintmessage7id=897003&tz=AmericalNew—York8xnm=1 212 Page 44 of 508 Stanzione, Tammy From: mathimugil <noreply@123formbuilder.io> Sent: Wednesday, December 20, 2017 4:55 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 12/20/2017 Name MATHI MUGILAN PAGUTH ARIVALAN Gender Male Phone number 714-588-0776 Address 5102 MAHOGANY DR E l d BOYNTON BEACH FLORIDA 33436 United States Email mathimugil@gmail.com Current occupation or, if SOFTWARE PROGRAMMER retired, prior occupation Education BACHELOR OF ENGINEERING Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a Yes business within City limits? If "yes", name of business: CONSYS LLC , Are you currently serving No on a City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board Personal Qualifications Attend City Commission meeting on regular basis and follow local issues. Professional Memberships Feel free to attach/upload an extra sheet or resume. 1 Page 45 of 508 Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 67.191.84.157 (United States) at 2017-12-20 16:54:42 on Chrome 63.0.3239.84 Entry ID: 248 Referrer: www.boynton-beach.org/officials/advisory boards.php Form Host: www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application Page 46 of 508 FloridaState of Department I certify from the records of this office that CONSYS, LLC is a limited liability company organized under the laws of the State of Florida, filed on April 9, 2013. The document number of this limited liability company is L13000051766. I further certify that said limited liability company has paid all fees due this office through December 31, 2017, that its most recent annual report was filed on March 28, 2017, and that its status is active. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-eighth day of March, 2017 Tracking Number: CC4408682804 1 'f To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https:llservices.sunb iz. o rgIFilingsICertificateOfStatu sICertificateAuth enticatio n Page 47 of 508 lT o CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATION Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answers clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety, the form will be returned for clarification. Name Gender: M Telephone #_ (r) lk I�) -in - 5 575 Address_q b4A4 Low E-mail Address: 'LV 0 te- Current occupation or prior occupation: Ed kid if EA Cllr cS o - T . Are you a registered voter? Do you reside within the Boynton Beach City limits? Do you own/manage a business within the City limits: If "yes", name of business MMU Mtkl�f_ 7-4 , .1 -�M /Ir" 44- A, Are you currently serving on a City board? cgs Have you served on a Ci board in the past? r` Y City p 7 �F.. If so, which board(s) and when?A'3 Have you ever been convicted of a crime?. If so, when Where p Code %q -U Other n i cue -arl- Yes No Yes No Yes No .� .�, l Yes No Yes �No Please indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities and meeting times and dates, see pages 3 and 4 attached. Arts Commission Building Board of Adjustment & Appeals Community Redevelopment Advisory Board A_ Education and Youth Advisory Board Employees' Pension Board Firefighters' Pension Trust Fund Golf Course Advisory Committee Historic Resources Preservation Board C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Library Board Planning & Development Board Police Officers' Retirement Trust Fund _ Recreation & Parks Board Senior Advisory Board 10 :E N3?p�# HCl t 14a Page 48 of 508 What personal qualifications do you possess (i.e., profession, previous experience, branch of military service 1DV7WMJ#'- OEM Please list any professional I lips: Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 100 East Boynton Beach Boulevard, City Hall. Mailing address: P. 0. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board Openings occur. I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. Signature: C:\Users\EIIisS\Desktop\Master Form - Talent Bank Form - REVISED 11-9-16.doc Date: a N )a Page 49 of 508 CONSENTAGENDA 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-008 -Assess the cost of nuisance abatement on properties within the City of Boynton Beach. EXPLANATION OF REQUEST: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City - contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30 -day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30 -day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. ALTERNATIVES: The alternative would be to not place liens on the properties and not collect for the service provided. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 50 of 508 Is this a grant? No Grant Amount: ATTACHMENTS: Type D Resolution D Exhibit Description Resolution approving Nuisance Abatement ExhibitA Page 51 of 508 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. R18 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a contract vendor was requested by Code Compliance to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit "A"; and WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property; and WHEREAS, the City Manager or her authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit "A" attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above-described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT "A" C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\41E1304E-297C-446C-BECC-A1B613FC1012\Boynton Beach. 8485.1.Nuisance Abatement for 011618 - Reso.doc Page 52 of 508 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2017, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorneys fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 2018. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\41E1304E-297C-446C-BECC-A1B613FC1012\Boynton Beach. 8485.1.Nuisance Abatement for 011618 - Reso.doc Page 53 of 508 c rl rn CF) 0 ri 06 0 4� un CU CF) -1 00 c 0 E ri eo c c = r -i m 00 00 0 > 0 E m 0 cu 0 CIA 00 > m rl rl rl O L.0 rl ai U rl rl C? rl z U' a- Cb rl CIA CIA 111 111 CC) CC) 41 m .2- 40 01 4-1 41 N co co u u 0 M u 0 CO rn CO rn -0 cr- c L 0 -u -0 4-1 E 4-1 Ln cu E 4-1 L.D rl LU LU z Ln r -i 0 0 rl 00 cu E m Z -@ Qn 41 cu CSS c 0 (D 4-1 E z u Ln 0 = . I ma co 0 LO 4- 0 'IT LO (1) 6.B. CONSENTAGENDA 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOULTION NO. R18-009 -Authorize the Mayor to sign the Declaration of Restriction for Right of Way Purposes to designate the future use and occupancy of Lot 5, Block 3 of the Plat Poinciana Heights to public right of way. EXPLANATION OF REQUEST: On March 16, 2016 the Commission approved R16-048 to accept property from the CRA. The CRA acquired the property to provide for access from NW 11th Ave to NW 1St as a part of or Model Block program. The intent was to provide better access and traffic circulation to Poinciana Elementary School. Now that the City owns this vacant, residential property, the ne)d step is to convert its use from residential use to public right of way. To that end, staff recommends that the Mayor signs the Declaration of Restriction. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: If Commission does not approve this Declaration of Restriction then the engineering plans could be modified to include turnaround, per the City's requirements, thus impacting the buildable area on two or three proposed lots. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 55 of 508 ATTACHMENTS: Type Description Resolution authorizing the Mayor to sign the Declaration of Restrictions Declaration of Restriction Aerial of lot and civil plan exhibit Page 56 of 508 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 R18 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE MAYOR TO SIGN THE DECLARATION OF RESTRICTION FOR RIGHT OF WAY PURPOSES TO DESIGNATE THE FUTURE USE AND OCCUPANCY OF LOT 5, BLOCK 3 OF THE PLAT POINCIANA HEIGHTS TO PUBLIC RIGHT OF WAY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 16, 2016 the City Commission approved R16-048 to accept property from the CRA; and WHEREAS, the CRA acquired the property to provide for access from NW 11th Avenue to NW 1st as a part of our Model Block program with the intent to provide better access and traffic circulation to Poinciana Elementary School; and WHEREAS, staff is recommending the City Commission approve and authorize the Mayor to sign the Declaration of Restriction to convert the property from residential use to public right of way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the Mayor to sign the Declaration of Restriction for Right of Way Purposes to designate the future use and occupancy of Lot 5, Block 3 of the Plat Poinciana Heights to public right of way, a copy of which is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\D130F910-CBF3-4E96-8E8F-27A5E8F5DD19\Boynton Beach. 8506.1. Declaration_ Of Restriction_(Poinciana Heights)_-_Reso.Doc Page 57 of 508 29 PASSED AND ADOPTED this day of , 2018. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\D130F910-CBF3-4E96-8E8F-27A5E8F5DD19\Boynton Beach. 8506.1.Declaration_Of Restriction—(Poinciana Heights)_-_Reso.Doc Page 58 of 508 PREPARED BY, RECORD AND RETURN TO KERRY L. EZROL, ESQUIRE GOREN, CHEROF, DOODY & EZROL, P.A. 3099 EAST COMMERCIAL BOULEVARD SUITE 200 FORT LAUDERDALE, FL 33308 Telephone: (954) 771-4500 DECLARATION OF RESTRICTION FOR RIGHT OF WAY PURPOSES KNOW ALL MEN BY THESE PRESENTS, that the City of Boynton Beach, a Florida municipal corporation, whose address is 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, executes this Declaration of Restriction for Right of Way Purposes ("Declaration") RECITALS: WHEREAS, the City of Boynton Beach, Florida ("City") owns the real property described in Exhibit A, attached hereto and made a part hereof ("Property"); and WHEREAS, the City desires to designate that the future use and occupancy of the Property shall be restricted to right of way purposes. NOW THEREFORE, City agrees as follows: 1. The Property is hereby dedicated and restricted for the purpose and use of a public right of way and/or road and other purposes incidental or related thereto. 2. This Declaration may be amended or terminated by the City. (Intentionally left blank) t00204328.2 306-9905018} Page 59 of 508 IN WITNESS WHEREOF, we have set our hands and seals this day of January, 2018. WITNESSES: CITY: Printed Name: Printed Name: ATTEST: By: Judith Pyle, CMC, City Clerk THE CITY OF BOYNTON BEACH By: Print Name: Steven B. Grant Title: Mayor APPROVED AS TO FORM BY CITY ATTORNEY: By: James A. Cherof, City Attorney STATE OF FLORIDA ) SS. COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged before me this day of January, 2018 by Steven B. Grant, Mayor of the City of Boynton Beach, a Florida municipal corporation, on behalf of the City of Boynton Beach, who has acknowledged himself to be the Mayor of the City of Boynton Beach, who is personally known to me or (_) has produced as identification. t00204328.2 306-9905018} NOTARY PUBLIC 2 Page 60 of 508 EXHIBIT "A" Parcel ID#: 08-43-45-21-17-003-0050 Lot 5, Block 3, Plat of Poinciana Heights, according to the map or plat thereof as recorded in Plat Book 26, Page 183, Public Records of Palm Beach County, Florida. t00204328.2 306-9905018} Page 61 of 508 Page 62 of 508 "Ov3eNolwo" NVId 'D= vaHI8,OV2., N,,NO, JO ADD ONV'ON BH.L',IOJ U3UVd3Nd M,VNouonUiSN0038 'AE)VNIM(3 3nN3AV Hl� � MN 133HS SIHI 3NII HOIVVY M-: Ab r--------® M. 1! —F M9 i"N . . . . ............... . . . . . ........... . 4 A -4 133HS SIHI 3NII HOIVVY Page 63 of 508 6.C. CONSENTAGENDA 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-010 - Approve contracts for the Community Development Block Grant (CDBG) Sub Recipients as adopted in the Five Year Consolidated/One Year Action Plan on August 1, 2017. Resolution R17-066 EXPLANATION OF REQUEST: As a recipient of Community Development Block Grant funds from the US Department of Housing and Urban Development (HUD), the City of Boynton Beach has submitted its Five Year Consolidated/One Year Action Plan on August 15, 2017. The City has received its contract in the amount of $514,937.00. The funds will be used as follows Sub -Grantee Funding $177,240 Planning Grant Administration $102,987 Housing Rehabilitation Delivery $234,710 FY 17/18 Funding $514,937 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Local nonprofit providers of CDBG eligible services and programs to low and low -moderate income residents of the City of Boynton Beach have submitted grant applications requesting funds to assist in the delivery of their services. As a result, of approval, they have provided budgets and scopes of services and are contracting with the city to be reimbursed in part. FISCAL IMPACT: The City will reimburse the following agencies for services: Aid for Victims of Domestic Assault $10,000 Boynton Beach CDC $100,000 Community Caring Center $43,240 Pathways to Prosperity $20,000 Legal Aid Society of Palm Beach County $4,000 Total $177,240 ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 64 of 508 CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: ATTACHMENTS: Page 65 of 508 Type Description D Resolution Resolution approving CDB G Sub -Recipient Agreements D Agreement Aids to Vitcims of Domestic Abuse (AVDA) D Agreement Community Caring Center Agreement & Scope of Service D Agreement Boynton Beach Faith -Based CDC Agreement & Scope of Services D Agreement Legal Aid Society of PBC Agreement & Scope of Services D Agreement Pathway to Prosperity Agreement & Scope of Services Page 65 of 508 I RESOLUTION R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND 5 AUTHORIZING THE MAYOR TO SIGN 6 AGREEMENTS FOR THE COMMUNITY 7 DEVELOPMENT BLOCK GRANT (CDBG) SUB- S RECIPIENTS AS ADOPTED IN THE FIVE YEAR 9 CONSOLIDATED/ONE YEAR ACTION PLAN; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, as a recipient of Community Development Block Grant funds from the 13 US Department of Housing and Urban Development (HUD), the City of Boynton Beach has 14 submitted its Five Year Consolidated /One Year Action Plan on August 15, 2017; and 15 WHEREAS, City Staff is recommending to enter into Agreements with five 16 qualified sub -recipients, who have previously submitted all necessary documentation required, 17 including budgets, scopes of services, and timelines for performance. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 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. The City Commission of the City of Boynton Beach, Florida does 24 hereby authorize the Mayor to sign Agreements between the City of Boynton Beach, Florida 25 and sub -recipients, as follows: 26 1. Aid to Victims of Domestic Abuse, Inc. $ 10,000.00 27 2. Boynton Beach Faith Based Community Development Corp $100,000.00 28 3. Community Caring Center of Greater Boynton Beach, Inc. $ 43,240.00 29 4. Pathways to Prosperity, Inc. $ 20,000.00 C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\67EA9296-1B9A-49FE-B027-A1CC81F106F3\Boynton Beach. 8507.1.CDBG-_SubRecipient Agreements_(2017-18)_-_Reso.doc 1 Page 66 of 508 3o 5. Legal Aid Society of Palm Beach County, Inc. $ 4,000.00 31 Section 3. This Resolution will become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2018. 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 CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (City Seal) VOTE YES NO C:AProgram Files (x86)Aneevia.com\docConverterProAtemp\NVDC\67EA9296-1B9A-49FE-B027-A1CC81F106F3\Boynton Beach. 8507.1.CDBG-_SubRecipient Agreements_(2017-18)_-_Reso.doc 2 Page 67 of 508 I �LILl1J,INS'AI7AmmPLO] ,►LTiIa►g,IamW-01012KC]��_1�� Aq I Mq� its principal 17mmice a Plos * 7R -_-M! iw�c M__ and its Federal Tax Identification number as 59-2486620. WITNESSETH. DOMESTICWHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and AID TO VICTIMS OF WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBGProgram; ARTICLENOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: Iq wil I L1,f .S2, f 15- •�. 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate -Income" means a household whose income is within specified income limits set forth by HUD. Page 68 of 508 1.7 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of • a .• - nature, with a value of 1 or • - per • expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." !P' 9 -TV N WIN 01211911j 3.1 The SUBRICIPIENT agrees and accepts as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee approved expenditures and encumbrances made by the SUBRICIPIENT under this Agreement. Said service shall be performed in a manner satisfactory to CID. 3.2 The maximum amount payable by the CITY under this Agreement will be Ten Thousand Dollars and 00/100 ($10,000) for the period of October 1, 2017 through September 30, 2018. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. 3.3 Release of funds will be subject to approval of Community Improvement Manager. Page 69 of 508 The term of this Agreement shall be from October 1, 2017 to September 30, 2018. NN d rel 0 d� 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. Further budget changes within the designated contract amount can be approved in writing by the Director of Development, or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. Page 70 of 508 M-- ■ne 'Lyle ILI ww The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, and access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be Page 71 of 508 excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Page 72 of 508 Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. Page 73 of 508 e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance and Indemnification_ The SUBRECIPIENT recognizes that it is an Independent Contractor and stipulates or implies no affiliation between itself and the City. The SUBRECIPIENT shall indemnify and save the City harmless from any and all claims, losses damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The SUBRICIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the SUBRICIPIENT will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the SUBRECIPIENT. The SUBRECIPIENT's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes be waived. At all times during the terms of this Agreement, The SUBRECIPIENT shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation of workers compensation for your employees to statutory limits. The SUBRECIPIENT shall provide for thirty (30) days notice of cancellation, non -renewal, or any adverse change in coverage. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. Page 74 of 508 All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 910 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain Page 75 of 508 such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Public Records: SUBRECIPIENT shall complywith all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.16 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. Page 76 of 508 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. AID TO VICTIMS OF DOMESTIC ABUSE, INC in Print =1 ONNAM = = 20_, by , who is personally known to me. • Print Personally Known OR Produced Identification Type of Identification Produced ma City Clerk Approved as to form: Mayor Page 77 of 508 ITEMIZEDrem PROPOSED OF : 9,000 SALARIES 1,000 BENEFITS $10,000 TOTAL PROPOSED OBJECTIVES STUDENTS; A MINIMUM OF 167 SESSIONS1,200 Rr' FROM OF BOYNTON BEACH; PROVIDE _j ALL DENTS ATTENDING PRESENTATIONS PROVIDE ADVANCED, INTENSIVE CURRICULA 84 STUDENTS; 17 FROM MUNICIPALITY OF WITH COMMUNITY .,.... PROJECTS 1 BOYNTON BEACH FOR THE SCHOOL ASSESS EFFECTIVENESS OF PROGRAM STUDENT EVALUATION, TEACHER EVALUATION, OBSERVATION, PRE -POST INDIVIDUAL DATA RECORDS Page 78 of 508 AGREEMENT between CITY OF BOYNTON BEACH r L*I• • ' ":• • THIS AGREEMENT is entered into this _ day of 1 2018 between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and COMMUNITY CARING CENTER OF GREATER BOYNTON BEACH, INC., hereinafter referred to as "the SUBRECIPIENT," having its principal office at 145 N.E. 4 th 65- 4447796 WITNESSETH: ,TT'AEREAS, the CITY has entered into an Agreement with th- U.S. Department• ARTICLEHousing and Urban Development (HUD) for a grant for the execution and implementation of Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of t Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate -Income" means a household whose income is within specified income limits set forth by HUD,. Page 79 of 508 a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or ! - piece 1.., equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. The purpose of this Agreement is to state the covenants and conditions under which thm SUBRECIPIENT will implement the Statement of Work set forth in Article 11 of this agreement. I The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Forty Three Thousand Two Hundred Forty 00/100 ($43,240.00) for the period of October 1, 2017 through September 30, 2018. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period of funds is subject to the approval of the Community Improvement Manager. 3.2 The SUBRECIPIENT agrees and accepts as full payment for eligible services rendered pursuant to this Agreement the actual amount budgeted, eligible, and Director of Development or designee approved expenditures and encumbrances made by the SUBRECIPIENT under this Agreement. Said service shall be performed in a manner satisfactory to CID. 3.3 Release of funds shall be subject to approval of Community Improvement Manager, Page 80 of 508 The term of this Agreement shall be from October 1, 2017, to September 30, 2018. 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. Page 81 of 508 The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. Page 82 of 508 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A- 133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A- 110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. Page 83 of 508 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the Page 84 of 508 regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRECIPIENT recognizes that it is an Independent Contractor and stipulates or implies no affiliation between itself and the City. The SUBRICIPIENT shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The SUBRICIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the SUBRICIPIENT will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the SUBRICIPIENT. The SUBRICIPIENTS' aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the SUBRICIPIENT shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation or workers compensation for your employees to statutory limits. The SUBRICIPIENT shall provide for thirty (30) days' notice of cancellation, non -renewal, or any adverse change in coverage. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Page 85 of 508 Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or Page 86 of 508 regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.16 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. Page 87 of 508 C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. . ............................. . .... . I SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBIRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all • remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may •- deemed • the CITY to be a material breach of this Agreement. Page 88 of 508 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day a year written above. I M) Print M 0 M 9 1 L -111011MOMMAMIN"al I M 14061111,1111111 7 -. M 1*xj g I IL61 g I -I wool ILI I 'AMMEM M The foregoing instrument was acknowledged before me this day of 20_, by -, who is personally known to me. Print Personally Known OR Produced Identificati Type of Identification Produced: M - City Clerk Approved as to form: City Attorney �*-. 1101 Page 89 of 508 COMMUNITY CARING , Inc. EXHIBIT A WORK NARRATIVE The Agency agrees, within the time line of October 1, 2017 through September 30, 2018, to provide the following services: A. Provide emergency Food Pantry at the Community Caring Center Office B. Provide Emergency Disaster Assistance: Pre -Post -activity, as needed C. Provide Financial Aid for the following: (amount of assistance depends on funds available) Emergency transportation assistance for frail and elderly clients Utility Bill and Rent/Mortgage Assistance Prescription and Medication assistance D. Senior, frail & elderly Care Giving Program E. Referral Servicces for homeless, job placement and tax information F. On-line application assistance to State of Florida access for SSI, food stamps, prescription drugs and disability G. Provide health related classes for nutrition edu and chronic illness management H. Report the receipts of any income earned by the Agency to the CID Manager within five (5) working days before the receipt of income. Any income earned by the agency will be considered program income and will be subject to CID and HUD regulations and this agreement. II. The City Agrees or the following budget items: A. Reimburse the Agency for the following budget items: Salaries ........................ $34,240 Insurance ...................... $ 4,000 Audit ............................ 5,000 TOTAL ........................... $43,240 Page 90 of 508 R • �.. R R w • THIS AGREEMENT is entered • this day of , 2018 between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION. hereinafter referred to as "the SUBRECIPIENT," having its principal office at 2191 N. Seacrest Boulevard, Boynton Beach, Florida 33435 and its Federal Tax Identification number as 65-0971509. WITNESSETH. WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an ,.rctivity of the Boynton Beach CDBG Program; NOW, R !Rconsiderationof the mutual promises and covenants ARTICLEcontained herein, the parties hereto agree as follows: A !. "If ♦... . R. R . A ! •: 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate -Income" means a household whose income is within specified income limits set forth by HUD. Page 91 of 508 167 Property: • r-rty" means land, land improvements,structures,•i appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or •' - of equipment. •:"Expendable Personal Property" means_ ! ! - personal property other •n-. •_ R'.• ` • •!errs y. The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE 11 STATEMENT OF WOJ The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The SUBRECIPIENT agrees and accepts as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee approved expenditures and encumbrances made by the SUBRECIPIENT under this Agreement. Said service shall be performed in a manner satisfactory to CID. 3.2 The maximum amount payable by the CITY under this Agreement will be One Hundred Thousand Dollars and 00/100 ($100,000) for the period of October 1, 2017 through September 30, 2018. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period of funds is subject to the approval of the Community Improvement Manager. 3.3 Release of funds shall be subject to approval of Community Improvement Manager. Page 92 of 508 ARTICLE IV The term of this Agreement shall be from October 1, 2017, to September 30, 2018. 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE V1 I I%9I IIl+.,li,l§lTF- 4118. 1+ 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. Page 93 of 508 - W, FAIISJ�� III-119M.-gluT! The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. WOMMISTA Mulp-14MIN The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title Vlll of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, and access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be Page 94 of 508 excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Page 95 of 508 Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: •i T a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. Page 96 of 508 e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRECIPIENT recognizes that it is an Independent Contractor and stipulates or implies no affiliation between itself and the City. The SUBRICIPIENT shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The SUBRICIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the SUBRICIPIENT will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the SUBRICIPIENT. The SUBRICIPIENT'S aforesaid indemnity and hold harmless obligations or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the SUBRICIPIENT shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation of workers compensation for your employees to statutory limits. The SUBRICIPIENT shall provide for thirty (30) days' notice of cancellation, non -renewal, or any adverse change in coverage. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. Page 97 of 508 All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain Page 98 of 508 such waiver from the appropriate authority. shall be in writing. Any waiver shall not agreement. Waiver requests from the SUBRECIPIENT be construed to be a modification of this 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.16 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. G) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information Page 99 of 508 technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRIECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract accordance MMMHMIM'•�l SUBIRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBIRECIPIENT. SUBIRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBIRECIPIENT to fully 2 material breach of this Agreement. Page 100 of 508 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day ani year written above. M Print The foregoing instrument was acknowledged before me this day of peA — 20_, by , who is rsonally known to m, Print Personally Known OR Produced Identification Type of Identification Produced: ATTEST: CITY OF BOYNTON EACH, FLORIDA By: — City Clerk Mayor Approved as to form: City Attorney Page 101 of 508 City of Boynton Beach CDBG Grant Fiscal Year 2017-18 Budget and Scope of Services -- 15,000.00 __-_-__-___-----------------l5iODO.O0 --------------------------------------------- 28,000.00 --------------------------------------------- 12,000.00 -----------------------5/400.00 ------------------------ i600.00 --------------------------------------------- 20,000.00 _______________________________$100L000~00 A. Complete pre -purchase Homebuyer Counseling for a minimum of 150 prospective B. Acquire, renovate/construct, and sell or lease four (4) vacant/abandoned properties ti, low -to -moderate income families. C. Identify and secure 5 vacant lots within the Heart of Boynton (HOB) redevelopment area through donations/purchase from the City/CRA to construct 5 affordable housing D. Complete construction and sale of not less than five (5) new affordable homes. E. Secure construction financing for new home construction project. F. Secure eligible buyers, market and sell all units developed (existing and new) to eligibl(.- Page 102 of 508 11:�!111 iii i � ilijj�� il ii! 11! � � I -MLIM011111 AGREErTlEftT between CITY OF BOYNTON BEACH and. LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. THIS AGREEMENT is entered into this day of , 2018 between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC., hereinafter referred to as "the SUBRECIPIENT," having its principal office at 423 Fern Street, Suite 200, West Palm Beach, Florida 33401, and its Federal Tax Identification Number as 59-6046994. ViTANNOM&M ',TI'AEREAS, the CITY has entered into an Agreement with the U.S. Department M Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I 1, Definitions 1.1 "CDG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate -income" means a household whose income is within specified income limits set forth by HUD. 1.7 Property: Page 103 of 508 "Reala. •-rty" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal prope of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years,not • in place,• not an integralpart of structure, facility or another piece of equipment. I V. "Expendable Personal Property" means all tangible personal property other than .• - el - - -WIRTWOMMM r •] NINE INUM 141030 1 IL401 MR21 PM101- - 1:11 ilk *• The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The SUBRECIPIENT agrees and accepts as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee approved expenditures and encumbrances made by the SUBRECIPIENT under this Agreement. Said service shall be performed in a manner satisfactory to CID. 3.2 The maximum amount payable by the CITY under this Agreement will be Four Thousand Dollars and 00/100 ($4,000.00 for the period of October 1, 2017 through September 30, 2018. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. 3.3 Release of funds is subject to the approval of the Community Improvement Manager: Page 104 of 508 ARTICLE IV ! The term of this Agreement shall be from October 1, 2017 to September 30, 2018. ARTICLE V 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS D REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. Page 105 of 508 R e, -- (• R The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. Le M IQ RA•JJ9JJJMkJ 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. Page 106 of 508 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. Page 107 of 508 9.6 Lo bying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: •r a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations Page 108 of 508 in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRICIPIENT recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The SUBRICIPIENT shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The SUBRICIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating this Agreement, and shall pay all costs and judgments which may result. In particular, the SSUBRICIPIENT will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the SUBRECIPIENT. The SUBRECIPIENT's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 728.28, Florida Statutes, be waived. At all times during the terms of this Agreement, the SUBRECIPIENT shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage, contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation of workers compensation for your employees to statutory limits. The SUBRECIPIENT shall provide for thirty (30) days notice of cancellation, non -renewal, or any adverse change in coverage. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, Page 109 of 508 at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. Page 110 of 508 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.15 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. G) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the Page 111 of 508 contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. SUBRIECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRIECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRIECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 112 of 508 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. COUNTY, INC. The foregoing instrument was acknowledged before me this day of --- 20_, by , who is personally known tAo Sign Print Personally Known ORProduced Identification Type of Identification Produced City Clerk o as to form: May Page 113 of 508 Executive Director Robert A. Bertisch, Esq. Administrator Michael Spillane Director of Development Harreen Bertisch Board of Trustees David Ackerman, Esq. Claire Arnold F. Greg Barnhart, Esq. Bill Bone, Esq. Patrick J. Casey, Esq. Melinda Penney Gamot, Esq, Mariano Garcia, Esq. David M. Gaspar!, Esq, Garry Glickman, Esq. Carey Haughwout, Esq. Thomas Kingcade, Esq, Jane Kreusler.Walsh, Esq. Richard Lubin, Esq. Rafael J. Roca, Esq, Michael Salnick, Esq. Victoria A. Vilchez, Esq. Board of Directors President Michelle R. Suskauer, Esq. Immediate Past Pres. Miriam Acosta-Castriz, Esq. First Vice -President Lawrence P. Rochefort, Esq. Second Vice -President Robert H. Friedman, Esq, Secretary Scott C. Murray, Esq, Treasurer Jerald S. Beer, Esq. Board of Directors Leslie Artsis Adams Richard M. Benrubi, Esq. Bridget A. Berry, Esq. Robin Bresky, Esq, Carla Tharp Brown Sarah Cortvriend, Esq. Cheryl K. Crowley Vincent E Cuomo Jeffrey A. Devore, Esq. Howard D. DuBosar, Esq. Karis Engle Joseph G. Galardi, Esq. Richard D. Greenfield Jack P. Hill, Esq. John Howe, Esq. Denise Rappaport Isaacs, Esq, Wilnar J. Julmiste, Esq. W. Hampton Keen, Esq, Nancy Lambrecht Jason D. Lazarus, Esq. Ellen S. Malasky, Esq, J. Grier Pressly, III, Esq, Devin S. Radkay, Esq. Matthew Sackel, Esq. Robert M.W. Shalhoub, Esq. GrasfordW. Smith, Esq. Rebecca Mercier Vargas, Esq, Gary Woodfield, Esq. LEGALAID SOCIETY OF PALmBEACH COUNTY, INC. 423 FERN STREET, SUITE 200, WEST PALM BEACH, FL 33$01 Ph: (561) 655-8944 • Fax: (561) 655-5269. 1-800-403-9353 (South & West County ONLY) wrw.legalaidpc.org January 2, 2018 Octavia Sherrod City Of Boynton Beach 100 East Boynton Beach Blvd. Boynton Beach, FL 33425 Re: Scope of Services Dear Ms. Sherrod: Thank you for the opportunity to serve the residents of Boynton Beach under the CDBG program. I have outlined our services below: • Legal Aid Society will provide advice, counsel, and/or representation for at least seven (7) residents of Boynton Beach with landlord tenant matters, fair housing enforcement and foreclosure prevention services. • Legal Aid Society will conduct a minimum of three (3) workshops on landlord tenant issues, fair housing laws, or foreclosure prevention issues. If you have any questions or require additional information, please feel free to contact our office 561-655-8944 ext. 296. ---1--- - - - ' - - o - ----...—/ Fair Housing and Elder Law Projects Chddren s o r m Servioes Coundl nearing.-S.r. �serane. mw� �r v,im Benin vmnd W"' u nra W."( P4, a „n c mr Additional FundingPa C y "h�� c�F 508 I and. PATHWAYS TO PROSPERITY THIS AGREEMENT is entered into this day of , 2018 between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and PATHWAYS TO PROSPERITY hereinafter referred to as "the SUBRECIPIENT," having its principal office at 970 N. Seacrest Blvd., Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 27-3550271. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the 1I.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block Grant (CDBG) Program in the CITY, pursuant to Title I of the Housing and Community Development • • 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity •i the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I 1. Definitions 1.1 "CDG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Dept. of HUD. 1.4 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.5 "OMB" means Office of Management and Budget. 1.6 "Low- and Moderate -income" means a household whose income is within specified income limits set forth by HUD, 1.7 Property: Page 115 of 508 a. "Real Property" means land, land improvements, structures, fixtures and appurtenances ww. o. excludingmovable machineryw: • equipment. .1. • e: ARTICLEb. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal prope of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. I C "Expendable Personal Property" means all tangible personal property other than The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The SUBRECIPIENT agrees and accepts as full payment for eligible services rendered pursuant to this Agreement the actual amount of budgeted, eligible, and Director of Development or designee approved expenditures and encumbrances made by the SUBRICIPIENT under this Agreement. Said service shall be performed in a manner satisfactory to CID. 3.2 The maximum amount payable by the CITY under this Agreement will be Twenty Thousand Dollars and 00/100 ($20,000.00) for the period of October 1, 2017 through September 30, 2010. Further budget changes within the designated contract amount can be approved in writing by the Director of Development or designee at their discretion up to twenty percent on a cumulative basis of the contract amount during the contract period. 3.4 Release of funds is subject to the approval of the Director of Community Improvement. Page 116 of 508 The term of this Agreement shall be from October 1, 2017, to September 30, 2018. 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. Page 117 of 508 We a The SUBRECIPIENT agrees to expend CDBG funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. Page 118 of 508 9.2 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.3 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.4 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.5 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. Page 119 of 508 9.6 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.7 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations Page 120 of 508 in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.8 Insurance: The SUBRECIPIENT recognizes that it is an independent Contractor and stipulates or implies no affiliation between itself and the City. The SUBRICIPIENT shall indemnify and save the City harmless from any and all claims, losses, damages and causes of actions which may arise out of the performance of this Agreement, including costs and expenses for or on account of any or all suits actual or threatened. The SUBRICIPIENT shall pay all claims and losses of any nature whatsoever in connection therewith including costs and attorney's fees, and shall defend all suits relating to this Agreement, and shall pay all costs and judgments which may result. In particular, the SUBRICIPIENT will hold the City harmless and will indemnify the City for funds which the City is obligated to refund the Federal Government arising out of the conduct of activities and administration of the SUBRECIPIENT. The SUBRECIPIENT's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law, but in no event shall they apply to liability caused by the negligence or willful misconduct of the City, its respective agents, servants, employees or officers, nor shall the liability limits set forth in 768.28, Florida Statutes, be waived. At all times during the terms of this Agreement, The SUBRECIPIENT shall maintain in force Comprehensive General Liability Insurance, including coverage for personal injury, bodily injury, property damage and contractual liability to support the indemnification agreement contained herein. Such insurance shall be in an amount of not less than $1,000,000.00 combined single limit, and coverage shall be evidenced by a Certificate of Insurance, which must also provide documentation of workers compensation for your employees to statutory limits. The SUBRICIPIENT shall provide thirty (30) days' notice of cancellation, non -renewal, or any adverse change in coverage. 9.9 Property: Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Page 121 of 508 Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.10 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.11 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.12 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, Page 122 of 508 or increases or decreases in budget allocations make changes in this agreement necessary. 9.13 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.14 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. =1611411 9F+ ..it e , SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.16 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. Page 123 of 508 d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law.. SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 124 of 508 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. The foregoing instrument was acknowledged before me this _ day of 20_, by , who is personally known to me. Print Personally Known --- C]RProduced Identification Type cfIdentification Produced: City Clerk Approved as to form: Mayor Page 125 of 508 r •ILaUCA BOYNTON BEACH WOIRl 1 ► ► The Agency agrees, within the time line of October 1, 2017 through September 30, 2018, to provide the following services: A. Interview and Recruit Circle Leaders B. Begin Circle Leader Training Classes (12-15 weeks) C. Recruit & Train Allies (Volunteer Mentors) D. Circle Leader Graduation Ceremony E. Circle Leader and Ally Matching Training F. Host Weekly Meetings II. The City Agrees to: A. Reimburse the Agency for the following budget items: Salaries................................................................................ $20,000.00 TOTAL............................................................................. $20,000.00 A. Provide technical assistance to ensure compliance with CID, U.S. HUD and applicable Federal, State and City regulations to this Agreement. B. Provide overall administration and coordination activities to ensure that planned activities are completed in a timely manner. C. Monitor the Agency at any time during the term of this Agreement. Visits may be scheduled or unscheduled as determined by CID, be conducted by CID staff or its contractor, and will ensure compliance with U.S. HUD regulations, that planned activities are conducted in a timely manner and verify the accuracy of reporting to CID on program activities. Page 126 of 508 6.D. CONSENTAGENDA 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-011 -Approve utilizing the City of Tallahassee Contract # 3806 with Gall's for the purchase of uniforms for Police with an estimated annual expenditure of $95,000. Authorize the City Manager to sign a contract with Gall. EXPLANATION OF REQUEST: Contract Term: October 15, 2016 to October 14, 2019 This approval will allow for the purchase of uniforms for the City's Police Department. This contract will work in addition with the currently piggy backed contract, Broward Sheriff's Office Contract # 14036AG, to offer access to a larger group of manufacturers. Gall's purchased Azar's Uniforms and assumed control of the contract. The City of Tallahassee procurement process satisfies the City's competitive bid requirements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This will enable Police Officers to be outfitted with uniforms. FISCAL IMPACT: Budgeted Funds are budgeted and available for accounts 001-2110-521-5222 / 001-2111-521-5222 / 001-2112-521- 5222 for the amount of $95,000. FY 15/16 expenditures were $86,246.34 FY 16/17 expenditures were $102,705.85 FY 17/18 current to date expenditures are $39,388.22 ALTERNATIVES: To not approve utilizing only the current piggy -back contract. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 127 of 508 Grant Amount: ATTACHMENTS: Type D Resolution D Contract D Addendum D Addendum D Addendum Description Resolution apprmAng piggy -back City of Tallahassee Contract and apprmAng City Manager to sign Contract with Galls City Contract with Galls Contract Pricing Bill of Sale and Assignment Page 128 0 508 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION NO. R18 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE PIGGY -BACK OF A CITY OF TALLAHASSEE CONTRACT NO. 3806 FOR THE PURCHASE OF UNIFORMS FOR POLICE PERSONNEL WITH THE SAME TERMS, CONDITIONS, SPECIFICATIONS AND PRICING WITH AN ESTIMATED ANNUAL EXPENDITURE OF $95,000; AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH GALL, LLC.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City staff has confirmed that the procurement process of the City of Tallahassee meets or exceeds that of the City of Boynton Beach's requirements; and WHEREAS, upon recommendation of staff, it is the City's desire to piggy -back a City of Tallahassee Contract No. 3806 for the purchase of Uniforms for Police personnel for an estimated annual expenditure of $95,000 with the same terms, conditions, specifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves the piggy -back of a City of Tallahassee Contract No. 3806 for the purchase of Uniforms for Police personnel with the same terms, conditions, specifications and pricing with an estimated annual expenditure of $95,000. Section 3. The City Manager is hereby authorized to sign a contract with Gall, LLC., a copy of which is attached hereto as Exhibit "A". C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\7F720437-6C89-4648-8041-A35230E9D65A\Boynton Beach. 8504.1.Piggy-Back_(Gall_For Police Uniforms)_-_Reso.Doc Page 129 of 508 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 Section 4. That this Resolution shall become effective immediately. PASSED AND ADOPTED this day of , 2018. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) VOTE YES NO C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\7F720437-6C89-4648-8041-A35230E9D65A\Boynton Beach. 8504.1.Piggy-Back_(Gall_For Police Uniforms)_-_Reso.Doc Page 130 of 508 CONTRACT FOR UNIFORMS FOR POLICE PERSONNEL This Contract is made as of this day of , 2018 by and between GALLS, LLC., a foreign limited liability company authorized to do business in the State of Florida, with offices at 1340 Russell Cave Road, Lexington, KY 40505 ("GALLS"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City"). RECITALS WHEREAS, new and replacement uniforms are required for the City's Police Department personnel; and WHEREAS, the City is utilizing the City of Tallahassee Contract #3806 with GALLS to provide uniforms for police in the estimated annual expenditure of $95,000; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Contract. Section 2. The City and GALLS agree that GALLS shall provide uniforms for police in the estimated annual expenditure of $95,000 based on the City of Tallahassee Contract No. 3806, a copy of which is attached hereto as Exhibit "A", except as hereinafter provided: A. All references to City of Tallahassee shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 Page 1 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\46624284-53EF-4CEB-892C-118C064479EE\Boynton Beach. 8505.1. Piggyback -_Galls_-_(Police Uniforms).doc Page 131 of 508 C. The venue of any action taken to enforce this Contract shall be in Palm Beach County, Florida and this Contract shall be interpreted under the laws of the State of Florida. Section 3. In the event that the City of Tallahassee Contract is amended, or terminated, GALLS shall notify the City within ten (10) days. In the event the City of Tallahassee Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. GALLS agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the City of Tallahassee, Contract No. 3806 are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. Page 2 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\46624284-53EF-4CEB-892C-118C064479EE\Boynton Beach. 8505.1. Piggyback -_Galls_-_(Police Uniforms).doc Page 132 of 508 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: Judith A. Pyle, CMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney WITNESSES: ATTEST: CORPORATE SECRETARY CITY OF BOYNTON BEACH, FLORIDA wo Lori LaVerriere, City Manager GALLS, LLC. M. Print Name: Title: Page 3 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\46624284-53EF-4CEB-892C-118C064479EE\Boynton Beach. 8505.1. Piggyback -_Galls_-_(Police Uniforms).doc Page 133 of 508 EXHIBIT A AGREEMENT BETWEEN CITY OF TALLAHASSEE AND GALLS Page 4 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\46624284-53EF-4CEB-892C-118C064479EE\Boynton Beach. 8505.1. Piggyback -_Galls_-_(Police Uniforms).doc Page 134 of 508 �ALLAHASS EE - A An All-Arncvicci CNY Vendor: Azar's Uniforms, Inc. 3710 NW Passage Tallahassee, FL 32303-7803 Contract documents have now been executed by all parties and we are enclosing an original copy for your files, Project. Police Uniforms and Emblems IFB No. 0103 -16 -KM -BC Contract No. 3806 If you have any questions, please contact Susan Myers of our office a) (850-891-8799). C I t Y I tALL Am)uw 300 ",)Luh Adams -,L3 -co %LLVOT Im ss e (% FL 3230[-1 7 311 8:5 0 - 8 1-t)O�ti)Lj RIC ARDO FERNAMA-Z I 1) 1), 11 - -1 � t g a v. C (I m Cny Matiagri '-A A MILLER LFWI'E- SHEL.11"N' JAMES 0. Cit} Attorney City Treasurvr,(-'Ieik CUR'flS R1 (A ]ARDSON 6[E_1)ZIFIFTR Commissiolw" t [7 C41tlr3d�414tafx 5' Page 135 of 508 M CONTRACT Between the City of Tallahassee ("City) and Azar's Uniforms, inc. ("Contractor") Exact Amount: $ Not To Exceed (NTE): $ Estimate Only (EST): Exact Amount; $ (Subject to allowed adjustments as specified elsewhere in the contract.) CONTRACT TERM: The performance period ("Term") of the resultant contract will be as follows: (a) Basic Term- Three Years, effective October 15, 2016 through October 14, 2019. b) Permitted, but Not Exercised Extension Periods): TWO (2) additional One Year Extensions Contract Administrator: Keith Milton Telephone Number: (850) 891-8289 Fax Number: (850) 891-0967, 8796, or 8788 Email: kelth-milton@talgov.com Technical Representative: Randy Barr Telephone Number: (850) 891- 4236 Fax: (850) 891- 4242 Email- randy.barr@taigov.com Type of Contract (Check One) N Firm Fixed Price Type of Contract Award (Check One) N F1 Fixed Price w/Economic Price Adjustment Single Award El Split Award Type of Quantity Delivery (Check One) El Multiple Award 0 Definite Quantity Indefinite Quantity Requirements Approval Level: Approval Date: JF13 No. 0103 -16 -KM -BC %ge 9'39 of 508 TABLE OF CONTENTS This contract incorporates the following documents and sections in full text, unless stated elsewhere in the contract as incorporated by reference. Any inconsistency in the contract shall be resolved by giving precedence in the following order: ECA-11 Contract Cover (Pages 1 and Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Contract Between the City and Contractor Price Schedule Representations/Certifications Statement of WorklSpecifications Contract Management Miscellaneous Contract Clauses Attachments to Contract CERTIFICATION OF CONTRACTOR In response to the solicitation, 1, the undersigned representative of the named contractor, hereby certify and represent as follows — 1. That I have read and examined the solicitation in full and all attachments thereto, and that I have satisfied myself with respect to any questions I have regarding the solicitation; and 2. That I am duly authorized by the named contractor to execute the bid and associated contract intending to bind the contractor to the City as stated in those documents; and 3. That, if awarded the subject contract, the contractor will satisfactorily perform all work under that contract in strict accordance with its terms and conditions. 9O_NTRACT EXECUTION ' IN WITNESS WHEREOF, the parties hereto duly authorized representatives, effective as ("Term") set forth on page I of this contract. Cita of Tallahassee (By) -Ie, -7—signature) Andre Libroth Manager for Procurement Services Attest have caused this contract to be executed by their of the commencement of the performance period Contractor O(By "Sign�ature) Misty Clark, Store Manager, 8/17/2016 (PrintIType Name, Title and Date) AiDoroved As To Form. (City Reinsentative) it VAtIorne c-7 (13y) 1A f" (By) I (Signature) (Sig r (Sig re) 1`8fflck F, -Hurl , %nior Assistant Uy Ado (Print/Type Name, Title and Date) James 0, Cooke, IV City Treasurer -Clerk Execution Date lwmum�� Page 137 of 508 mlm=-11111113!11:0117� 111111EEJ�� THE CONTRACTOR AGREES -- To furnish the below listed items of supplies and/or services, awarded in whole or in part by the City, at the price set for each item offered by the Contractor, in accordance with the terms and conditions of the contract. PRICE RELATED FACTORS 1, The price set for each item is a "firm -fixed" price, and inclusive of all labor, supervision, materials, supplies, equipment, tools, transportation, handling, assessments, fees, and taxes, etc, unless any of these factors are listed below as a separate line item. Z Delivery shall be "IF.O.B. Destination". Unless freight/handling fees are listed below as a separate line item, the price set for each Item shall include all freight/hand ling fees, and 3. The Contractor is not exempt from the Florida Sales Tax on materials or services. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION The bidder certifies that— (1) The prices set forth In the price schedule have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor. (2) The prices set forth in the price schedule will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before bid opening. (3) No attempts have been made by the bidder to induce any other concern to submit or not to submit a bid for the purpose of restricting competition. (4) Bidders rqust submit bids based on the bidding requirementsYspecifications in this IFB. Unless specifically requested in this solicitation, alternate or optional bids will not be considered for award and may render the entire submitted bid as non-responsive. Ue—mDescription Est YR I YR 2 Annual UNIT UNIT (No Substitutions) FRTC E PRICE SHIRT – Male & Female Long Sleeve Police uniform supershirt Dark Navy 011 1 (Eliauer 8670 wl TPD Shoulder patch 660 EA 00 chevron on both sleeves and longevity $51.$52.58 $54.26 $157.84 emblems on sleeve where applicable. *SHIRT – Male & Female Short Sleeve 2 S u persh i rt [dark Navy 011 (Mauer 8675 vtrl TPD Shoulder patch & chevron on 675 EA $47.00 $48.45 $5U0 $145,45 both sleeves where applicable lF13 No. 0103 -16 -KM -SC Page 3 of 48 Page 138 of 508 Trousers Mate & Female Police 6 Pocket Uniform trousers Dark Navy 011 Blauer 8657) Trousers Male & Female Police 4 Pocket 1 Uniform trousers Dark Navy 0 11 Blauer 8650ti) Lot 2 BREECHES - Custom Motorcycle B reechasARGO Lot 3 JACKETS – Waterproof systems shell jacket navy 011 Spiewak S361 6 with 8 TPD shoulder patch, badge patch & 260 chevron on both sleeves where applicable I P b—lic-sa-fety Fleece Navy 011 Splewak S327 with TPD shoulder patch, badge patch & chevron on both sleeves where applicable VEST – Public safety vest ANSYSEA 207- 20 0 6 compliant Spiewak S91 2 MEIRRb • ■ Ism Page 139 of 508 BATTLE DRESS UNIFORM (l DU) Tactical Shirts and with Name Tags 11 CAMMO, #8415) with TPD shoulder 126 EA $32.75 $33-76 $34.84 $101.35 patch, badge patch & chevron on both sleeves where applicable I I 1 1 12 BATTLE DRESS UNIFORM (SD I) Tactical Trouser CAMMO #8415) 126 EA $29.75 $30.67 $31.65 $92.07 SHIRT - Long Sleeve Battle Dress Shirts with sewn on Name Tag and Unit ID (K- 13 9), Brigade Quartermaster #CCS25-04) with TPO shoulder patch, badge patch & 30 EA . $3575 . $3686 . $3803 $110.64 chevron on both sleeves where applicable Page 139 of 508 1FB No. 0103 -16 -KM -BC Page 5 of 48 Page 140 of 508 SHIRT - Short Sleeve Battle Dress Shirts with sewn on Name Tag and Unit ID (K- 14 9), Brigade Quartermaster #CCS9-04) 30 with TPD shoulder patch, badge patch & chevron on both sleeves where applicable BIKE JACKETS Mocean Jacket 6070 with TPD shoulder patch ' police badge & chevron on both sleeves where applicable. Sewn on badge BIKE SHORT SLEEVE Shirt TACLITE PRO 71175 -and 71175r with TPD shoulder patch, police badge & chevron on both sleeves where applicable. Sewn on Badge and Name Tag B 1 ke Cycl i ng Sh orts — TAC LITE 73287 and 73827L Bike Taclite Pro il inch Shorts 73308 Bike Taclite Pro Pant 72473 and 72:473L --------- — - ---- Police Officer Shoulder Embroidered Patch as per specifications (Black & Blue) Civilian Unit Shoulder Emblem as per specifications �IM 1 0 IM!Longevfty Emblems, As Per LS�i�tioqs Blackington J2 -S Name Tags Serving Since Pins Blackingtoin B1693) WT Cadet Cloth Badge 1 TPD Cloth Badge Command Staff Dress Coats Flying Cross by Fechheimer 34891 with TPD Shoulder Patches and emblems 1FB No. 0103 -16 -KM -BC Page 5 of 48 Page 140 of 508 30 Command Staff Long Sleeve White Shirt Flying Cross by Fechheimer 33W7800Z with TPD Shoulder Patches & longevity emblems 3 EA $47.25 $48.71 $50.27 $146.23 31 Command Staff Dress Men Trousers 3 EA $86.50 $89-18 $92.02 $267.70 Flying Cross by Fechheimer 34291 Command Staff Long Sleeve Navy Shirt 32 Flying Cross by Fechheimer 34W7886Z 12 EA $50.25 $61.80 $53.46 $155.51 with TPD Shoulder Patches and I longevity stripes I Command Staff Short Sleeve Navy Shirt 33 Flying Cross by Fechhelmer 87R7886Z 20 EA $34.75 $35.82 $36.97 $10754 with, TPD Shoulder Patches 34 Command Staff Men Navy Trousers 21 $37.75 $38.92 $40.16 $116.83 Flying Cross by Fechhelmer 3900 Command Staff Dress Women's Ladies 35 Trousers Flying Cross by Fechheimer 3 EA $86-50 $89-18 $92.02 $267.70 35291 Command Staff Dress Women's White 36 Long Sic -eve Flying Cross by Fechheimer 126R780OZ with TPD I EA $46.75 $48.20 $49.73 $144.68 Patches and longevity emblems Command Staff Women's Long Sleeve 37 Navy Shirt, Flying Cross by Fechhelmer 12778862: with TPD Shoulder Patches 3 EA $39.25 $40A6 $41.76 $121.47 and longevity emblems Command Staff Women's Short Sleeve 38 Navy Short, Flying Cross by Fechheimer 5 EA $34.75 $35.82 $36,97 $107-54 17787886Z with TPO Shoulder Patches --Command Staff Women's Uniform 39 Trousers Navy Flying Cross b 6 A $37.75 8.92 r$3 $40.16 $116.83 Fechheimer 3933 Honor Guard Men Coat Flying Cross by 40 Fechheimer 38800. with TPD Shoulder 3 EA $219.50 $226.29 $233.51 $679,30 Patches Honor Guard Long Sleeve Shirt Flying 41 Cross by Fech he I mer U D1 2021 with TPD 3 EA $35-00 $36.08 $37,23 $108.31 Shoulder Patches IFB No� 0103 -16 -KM -BC Page 6 of 48 Page 141 of 508 42 Honor Guard Colonial Dress Blue 3 L Trousers, Item # RC-ARiM3PB/NB-54B Trol i Crossing Guard Women Long Sleeve Flying Cross by Fechheimer 126R7846 with TPD Shoulder Patches Crossing Guard Women Short Sleeve Flying Cross by Fechhelmer 17GR7845 with TPD Shoulder P atche s Crossing Guard Men Long Sleeve Flying Cross by F'echheimer 35W7846 with TPD Shoulder Patches Crossi by Fechheimer 8SR7845Z with TPD Shoulder Patches ANNUAL TOTALS Enter Below ..... . ..... GRAND TOTAL AMOUNT OF ALL ITEMS OFFERED (YEARS 1 3) Annual optional year(s) escalation rate: Indicate annual escalation rate In percent to the tenth place (Example: 1.5%). Rate increase will be used throughout items for each option year taken. ---- -------- -- NOTE, * Pricing shall include the cost of stitching City patch attachments with placernew, location as directed by TPD. ** After recelpt of order. Percentarie (%I Discount Off Cataloa Prices For miscellaneous Uniform items not listed above provide percentage discount from current Price Ust fbr--each ---- Brand Name Catalog. (Attach separate sheet if neededl,, , A. % Discount Off MSRP rOR BRANDS WF; CARR, Brand Name Catalog 20 % _7biscount Discount Off Brand Name Catalog Discount M AWARD WILL BE BASED ON ITEMS GROUPED AS FOLLOWS; Lot 1: Blauer Uniforms Line items # I — 6; Lot 2., Motorcycle Uniform Line items # 7- Lot 3: Spiewak Jackets, Line items # 8-10; Lot 4. Battle Dress Uniforms Line items 9 11 --14, Lot 5: Bike Uniforms Line items # 15 -1 , Lot 6. Patches/Pins Line items # 20 - 28; Lot 7: Fechhelmer Uniforms Line items # 29 - 46, NOTE: ABOVE UNIT PRICES MUST INCLUDE ANY P -CARD TRANSACTION PROCESSING FEE, IFI3 ND. 0103 -16 -KM -BC Page 7 of 48 Page 142 of 508 HAF&POlk 2.4 TAXPAYER IDENTIFICATION Bidder ,-nust submit a completed Federal Form W-9 and submit it with this Section 2. The form may be downloaded from the Internal Revenue web site at wmLirs.qgy, Z5 OFFICIAL COMPANY INFORMATION AS REGISTERED (jype/Print) COMPANY NAME: Azar's Uniforms, Inc. I =gLem [lint 1111==90 0=7 1K mwi ,�30 Z Tallahassee FL 32303-7803 (CN) (State) �Zip Code+4) VOICECBM 402-1133 -,EXTENSION'. OTHER:L misty(d)azarsun forms.com www.azarsuniforms.com Page 143 of 508 SECTION 2 - REPRESENTATIONSICERTIFICATIONS (This page must be submitted with bid and shall become an integral part of the resultant contract.) 2i6 PHYSICAL ADDRESS OF COMPANY (IF MAILING ADDRESS, IS A POST OFFICE 130 COMPANY NAME' Az&s Uniforms I PHYS[CAL 3710 NW Passage ADDRESS: Tallahassee FL 32303-7803 (City) (State) (Zip Code+4) 2.7 COMPANY CONTACT FOR CONTRACT lTiAAAGQfiENT PERSON NAME: Misly Clark TELEPHONE NO: VOICE: &5 1402-1133 EXTENSION: 30;1 (Toll -Free Preferred) OTHER:FAX: (850 -80 0 5 j 514 EMAIL ADDRESS: misty@azarsuniforms.com 2.8 PATMENT REMITTANCE ADDRESS (TVve/Print) (if same as 2.5, enter "Same as 2,5"1, NAME: 5ame as 2.5 MAIL ADDRESS: (City) (State) (Zip Code+4) TELEPHONE NO: VOICE: EXTENSION: (Toff -Fr ee Preferred) OTHER: FAX: AzvmvzxNi� 2.9 CONTACT FOR INVOICE INQUIRIES NAME: Misty Clark TELEPHONE NO' VOICE: (L594—,EXTENSION: 301 (Toll -Free Preferred) OTHER: L___) ", FAX: da -5-00514-8005 EMAIL ADDRESS: mistvg—azarsuniforms.com 2.10 WHERE TO SEND PURCHASE OR �ER jif same enter "Same as 2.1 COMPANY NAME: Same as (City) (state) Page 144 of 508 RK&P �*- we 21. 0 -.68 Upon initial contract commencement, measurements will be performed by the contractor within five (5) calendar days of request. Measurements by the successful bidders will be used to determine the standard size and proper fit by the successful bidder. Not applicable to line items 20 — 28. Sizing And Alterations -All clothing shall be furnished in sizes as required for proper fitting to the individual for whom they are intended, Vendor to size uniforms for the individual officers and alter as necessary at vendor's expense, Measurements of all uniformed personnel are to be taken by a qualified representative of the supplier. Measurements to be taken locally at a time and place specified by the City of Tallahassee Police Department, TPD Garments ordered for specific persons named on an order shall be provided appropriately sized to correctly fit the individual, but shall not be considered as made to measure or custom tailored except for the motorcycle breeches. The Successful Bidder must provide a full range of sizes of the garments specified by TPD. h;S6QW.MQ&!= - E -ll POat_-Award. After award, successful vendor shall furnish pre -production samples for approval by TPD before notice to complete delivery is given. of 508 IFIB No. 0103 -16 -KM -BC ---PaP" f 0 KANAREW All garment details not specifically described herein; tailoring, styling, construction, materials, and components must match the standard reference sample on rile with the agency. Written specifications attempt to describe key requirements ota 3D garment and cannot do so adequately and therefore silence of the specifications does not absolve bidders from matching with Precision the standard reference sample. STANDARD SIZE RANGE: Men's; 14.5 - 20,5, (30-31, (3-33), (34-35), (36-3, (38-3) Sleeve Lengths Wornen's: 30-54, Short and Regular Lengths 1F8 No- 0103 -16 -KM -BC P--fL of 508 ,3ge"0 MEASUREMENTS: Men's: Size 15.5, Regular Neck: 16.75 (plus or minus 0.25 inches) 1/2 Chest: 23 (plus or minus 0.75 inches) Back Length: 32.5 (plus or minus 0.5 inches) Women's: size 36, regular Neck- 15 (plus or minus 0.5 inches) 1/2 Chest: 20.875 (plus or minus 0.75 inches) Back Length: 28.5 (plus or minus 0,5 inches) Model: Mauer 8675 TPD Shoulder 2atch & chevron on both sleeves where 2gPlicable.-Color: Dark Na,yy (0 11) AY garment details not specifically described herein, tailoring, styling '? construction, materials Components must match the standard reference sample on fi,h le with t . and e agency. Written specifications attempt to describe key requirements of a 3D garment and cannot do so adequately and therefore silence of the specirications does not absolve bidders from matching with precision the standard reference sample. Men's'. XS-3XL, Regular and Tall lengths IFB No. 0103 -16 -KM -BC Pae 12 of 48 Page 147 of 508 MEASUREMENTS; Men's: Size Medium, Regular b. 1/2 Chest: c. Back Length, Women's: Size 36, Regular a. Neck b. 1/2 Chest: c. Back Length 16.75 (plus or minus 0.5 inches) 23 (plus or minus 0.75 inches) 32.5 (plus or minus 0.5 inches) 17.25 (plus or minus 0,5 inches) 20.5 (plus or minus 0.75 inches) 29.5 (plus or minus 0.5 inches) IFB No. 0103 -16 -KM -BC Page 13 of 48 Page 148 of 508 3-33 MALE & FEMALE POLICE 6 POCKET UNIFORM TROUSER Model: Blauer 8657 Color: Dark Nay_y (0 1 GENERAL: All garment details not sped aIly described ,herein; tailoring, styling, con stracoon, materials, and components must match the standard reference sample on rile with the agency. Written specifications attempt to describe key requirements of a 3D garment and cannot do so adequately and therefore silence of the specifications does not absolve bidders from matching with precision the standard reference sample STANDARD SIZE RANGE: Men's: Regular Length: even waist sizes 28 - 54; odd sizes 31 - 37 Women's: Regular Length: even dress sizes 6 — 24 MEASUREMENTS: Men's, Regular Length: Waist Size 34-. a. 1/2 Waist: 17.5 (plus 0.25 inch) b. Seat: 22,375 (plus 0.25 inch) C, 1/2 Knee: 10,625 (plus 0.25 inch) d. 1/2 Bottom Leg: 9 (plus 0.25 inch) e. Inseam: 37 (plus 0,50 inch) f. Front Rise: 10 (plus 0.25 inch) 9. Back Rise: 15,5 (plus 0.25 inch) Women's: Regular Length: Dress Size 12 a. 1/2 Waist (Relaxed): 17,5 (plus 0,25 inches) b. 1/2 Waist (Stretched): 18.5 (plus 0,25 inches) C. Seat: 22.25 (plus or minus 0,25 inches) d. 1/2 Knee, 10,312 (plus or minus 0.25 int'les) e. 1/2 Bottom Leg: 8.875 (plus or minus 0.25 inches) f. Inseam: 35,75 (plus or minus 0.50 inches) 91 Front Rise: 9.125 (plus or minus 0,25 inches) h, Back Rise: 13.5 (plus or minus 0.25 inches) IB No. 0103 -16 -KM -BG —P -a -fel "f of 508 3.3.4 MALE & FEMALE POLICE 4 POCKET UNIFORM TROUSER Moriel: Blauer 8650 Color: Dark Navy (011) GENERAL: Aff garment details not specifically described herein; talloring, styling, construction, materials, and components must match the standard reference sample on rile with the agency. Written specifications attempt to describe key requirements of a 3D garment and cannot do so adequately and therefore silence of the specifications does not absolve bidders from matching with precision the standard reference sample STANDARD SIZE RANGE: Men's: Regular Length: even waist sizes 28 - 54; odd sizes 31 - 37 Women's; Regular Length: even dress sizes 6 — 24 MEASUREMENTS: Men's: Regular Length: Waist Size 34: a, 1/2 Waist: 17.5 (plus 0.25 inch) b. Seat: 22.375 (plus 0.25 inch) C. 1/2 Knee: 10,625 (plus 0.25 inch) d. 1/2 Bottom Leg: 9 (plus 0.25 inch) e. Inseam: 37 (plus 0.50 inch) f. Front Rise: 10 (plus 0.25 inch) 9. Back Rise: 15.5 (plus 0,25 inch) Women's: Regular Length: Dress Size 12 a. 1/2 Waist (Relaxed): 17.5 (plus 0.25 inches) b. 1/2 Waist (Stretched): 18,5 (plus 0.25 inches) C, Seat-, 22.25 (plus or minus 0.25 inches) cl. 1/2 Knee,: 10.312 (plus or minus 0,25 inches) e, 1/2 Bottom Leg: 8.875 (plus or minus 0.25 inches) f. Inseam: 35.75 (plus or minus 0.50 inches) 9. Front Rise: 9.125 (plus or minus 0,25 inches) WB No. 0103 -16 -KM -B0 --- P—a-Pv �o of 508 h. Back Rise: 13.5 (plus or minus 0.25 inches) 3.,3.5 MOTORCYCLE BREECHES ARGO #CMT/NV U/P • Fabric. 97% nylon, 3% spandex, NBEHIMMMMUMm- 7777777 e ------------- i I F ------------- - A • Style. Plain front with no pleats. Front slash pockets and two hip pockets with left hip pocket with button. Medium peg to start above the knee, close fitting around the knee and calf, • Zippered logs! Bottom of legs to have zipper closure in outseam, using talon or equal brass zipper, • Waistband: interlined to prevent rollover, 2" wide finished waistband, hook flex or equal hook and eye fastener. Button and buttonhole not acceptable. Large, heavy duty police belt loops. • Fly: French fly, Good quality nickel or brass zipper with memory -lock closure, Size: Measured and custom fitted per each officer. a Stock Sizes - Caps must be available from stock on the following sizes: Small to Extra Large (6 7 3/4). '11orkmanship - All caps shall contain a size label and workmanship shall be first-class in oX respects, WATERPROOF SYSTEMS SHELL JACKET with TPD shoulderpatch,ba#Ae patch & chevron on both sleeves where applicable IFB No. 0103 -16 -KM -BC Pae —f'9 -"f of 508 3.3.8 PUBLIC SAFETY FLEECEI JACKET LINER with TPQ shoulder 12atch, badge jDafch chevron on both sleeves where annficableSTYLE: SPIEWAK S327 COLOR: Navy (011) SIZES: REGULAR: S-5XL LONG- M-5XL (All Sizes Standard) Reversible Rain Jacket Blauer 733 Color 53 Shell 100% nylon oxford 200D X 200D PU clear coating 2000M waterproofness 30OOgm MVP,- shall resist oil, discoloration and be odor free. (Minimum requirements prefer higher) Weight 135 - 125G. HI -VIS: 100% Polyester oxford 300D X 300D PU visible coating 2000mm waterproofness 30OOgm MVP; shall resist oil, discoloration and be odor free, (Minimum requirements prefer higher) Weight: 185475G Medium = (XS – Medium) XXL = (Large – 2XL) 4XL = (3XL – 4XQ 8 = (5XL – 6XL} il'OTE- Size 2XL shall have a front length of 25" and a center back length of 26"so as not tl deny access to wearer's equipment belt or other items worn by wearer or external. _-V lZi witil sewn on Name gsandUnitiD V �-9 with TPD shoulder patch & cheveron on both sleeves where applic ableCAMMO Dress Shirt, National - Stock Series # 8415 Fabric: 100% Ripstop Cotton for SWAT Black; 66% poly, 35% cotton Ripstop Poplin for LAPD Blue Color: TAQ� SWAT Black 2—olice: LAPD Blue. NOTE, Shirt and trouser color should matill Construction: Shirt: Long Sleeve (elbow reinforced) tactical shirts with X -stitched epaulets, and two expandable top breast Pockets with button flaps. Reinforced -elbows, 1" x 5 3/8", Velcro strip immediately above top right pocket for removable nametags. Name Tags (removable) letters embroidered on heavy-duty fabric in off — white to be applied to Velcro over right pocket, Swat shall have black background, Button fasteners for all pockets and front opening. Machine Washable Sizes: Shirts — XS, XL/Rg-Lg, XXL/Rg-Lg, XXXL/Rg-Lg IFB No. 0103 -16 -KM -BC gage17 f Sof 508 3.3.12 BATTLE DRESS UNIFORM #-SII TACTICAL TROUSERS CAMMO Trouser, National - Stock Series A4 5 1, 11111 111 1 1 1 1 1 11,111UP1111 11! 1 11111 11111, 1 '111 1111 i I I � � I i � I I � � r#TjW_1T*j0_j_*.W_. Construction: . Tactical Trousers: same type material as BDU shirts. Two front pockets and two back pockets and cargo pockets on legs of trousers. Four button fly closure. Adjustable waist tab. Reinforced seat and knee patches. Nylon drawstring ankle tie. Machine Washable. Button fasteners for all pockets and front opening. 11 -0 •savs �,� 3.3.13 -LONG SLEEVE BATTLE DRESS SHIRTS with sewn on Name Taq & Unit ID L69LBrigade Quartermaster # CCS25-04 with TPDi shoulder patch & chevron on botI sleeves where applicable Fabric: 65/35 Polyester Cotton Ripstop poplin Construction: Shirts: Long sleeve (elbow reinforced) tactical shirts with button-thru epaulets, Two Button -flapped gusset cargo pockets with pen slots in both sides, seven button, double placket front. Pockets must be at least 6 1/2" deep. Sew on unit id tag (K-9) and nametag above right pocket. Apply agency -supplied emblems (badge (1) and shoulder patches (2). Full cut with long tuck -in tails. Machine washable. Sizes: Shirts - range from small (S) to triple extra -large long (XXXXL) ;L*j FA JUIVO-V51 OL�913rjgade Q 04 with TPDshoulderDatch & ch evron on both sleeves whenLMpflcable Same specification as long sleeve Battle Dress Shirt above except for sleeve length. 0 Sizes'. Same as 3.3.11 3.3.15 BIKE JACKET Mocean Tech Waterproof Bike Jacket with Removable Liner Style 6070 with TPD shoulder 12atch A _chevron on both sleeves where applicable. Sewn on bad ADDITIONAL ALTERATIONS: Re 11713 No. 0103 -16 -KM -BC P VPage10 W of 508 *ICLUDE POLICE REFLECTIVE PATCH ON'BACK BADGE PATCH LEFT CHEST SHOULDER PATCH BOTH L0141welt-:9; 019 Blac:k, 162 TDU Khaki, 724 Dark Navy in Reg an*.' Tall f of 508 IFB No. 0103 -16 -KM -BC pa UM 28-54 even sizes AFB Na 0103 -16 -KM -BC Papio-Ap 0 508 STOCK SIZES: 28-44 even sizes COLORS: 019 Black, 12�O Coyote, 190 TDU Green, 192 Tundra, 162 TDU Khaki, 724 Dark Navy, 116 Battle Brown, 092 Storm, 0oal NO R-E-F.M. nionlrocir 11 COLORS, 0 19 Black, 070 Stone, 120 Coyote, 190 TDU Green, 192 Tundra, 162 TD 11 Khaki, 724 Dark Navy, 018 Charcoal, 116 Battle Brown, 092 Storm 4.2415 EG 3.3.20 TPQ CITY PATCH - Pofice Officer Shoulder Embroidered for Gold & Black Patch and Black & Blue LSee Exhibit A) 10 Background Material, Twill, preshrunk and cured lettering and design will be Dark Navy No. 2 embroidery yarn. The cuter Merror type border shall be Chip Gold No. 59. 9 An open weave buckram must be used on the loom to give stability to base cloth. The d,mblems must be manufactured on Schifflie automatic type looms or equal. 4 The backing shall be a thermal -plastic. type backing with guaranteed shrinkage of one percent (1 %) or less. I The emb,,'Iem will have a single thread stitching through out, double thread will not be permitted in any part of the emblem. The emblem must have a Merror type over -edge border with an edge density of at least twenty-four (24) threads per inch. A running stitch shall be supported by a zigzag stitch, which shall be applied under the overlook Merror edge to prevent the Merror edge from pulling loose from the base fabric. The tailend from the merror process shall be pasted down and no tape shall be used. The finish emblem must be dye cut with a steel dye to the exact shape and geometry of the approved desig�n. The embroidery yarns to be used will be rayon only, no 0 The shape of the emblem shall be as provided in Exhibit A, the finished width at the widest point shall be 3 15/16" and length shall be 4 11/16" at the longest point. Thread and fabric samples IFB No, 0103 -16 -KM -BC Pam - A of 508 must be furnished from approval prior to run unless manufacturer guarantees exact match from prior run, End product shall be washiable, durable and fade -proof. 7 of 508 IF B No. 0103 -16 -KM -BC Pagpe of 4 3.3.21 CIVILIAN UNIT SHOULDER EMBLEM (See Exhibit A) Embroidered patch same gener specifications as 3.3.20 TPD CITY PATCH - Police Officer Shoulder Embroidered Patch except c-,izing. The shape of the emblem shall be as provided in Exhibit A, the finished width at the wide voint shall be 3 15/16" and length shall be 5 6116 at the longest point, Embroidered lettering at t is emblem will specify unit, The word POLICE for all civilian unit emblems shall be embroidered aid ihown. Unit identifiers include but not limited to the following names, PARKING ENFORCEMWWT �OT.,To]Wl Note: Orders for emblems will be no less than one -hundred in quantity. 3.3.22 CHEVIRONS (See Exhibit A) Background Material: Twill, preshrunk and cured Color: Material for the background of all Chevrons shall be Dark Navy No. 2. The stripes will be Chip Gold No, 59 embroidery yarn, a Construction: Finished width at the widest point for the large shall be 3 " and length! shall be 3 3/4 " at the longe -3 iioint. Finished width at the widest point for the small shall be 2 Y4" and length shall be 2 %4" Eat th longest point. Thread and fabric samples must be furnished from approval prior to run unless manufacturer guarantees exact match from prior run. Note: Orders for Chevron will be no less than one -hundred in quantity. 3.3.23 L QNGEVI TY EMBLEML(,qee Exhibit B), Ba ckg ro u n d M ateria 1 0 Twi 11, p res hru n k a n d cu re Color: Blue background with gold Construction: Specifications shall conform to those as provided for in the police officer shoulder emblems. Stars and Bars will be sewn on long sleeve shirts only. All orders for long sleeve shirts indicate officer's years of service. As orders are received by the successful bidder, Stars and Bars are to be sewn an long sleeve shirts. Stars and bars are to be placed 1/2" from the sleeve crease and 1/2" from the top of the sleeve cuff. For years 7-9, 15, and 17-19, the bottom star is placed 1" from the sleeve crease and 1/2" from the cuff. The patch for years 20�39 is placed 1/2" from the crease and cuff. IFS No. 0103 -16 -KM -BC AwM8 of 508 14 AN attachments of proper size. Name to be specified when ordered Name Tag shall be comparable to Blackinton's J2 -S 3.3.25 SERVING SINCE PINS Blackington B1693 LSee Exhibito)-.Metal serving since plates ir -tolished silver or gold with black lettering, block style. Pin shall be comparable to Blackington's w,1693. Year of service to be specified when ordered. 3.3.26 Sipecial Unit Patches — Patrhes for Honor Guard and Chaplain Units. See Exhibit A f Sample. Contact TPD for patch samples i 3.3.28 TPD Cloth Badges - Colors of Silver and Gold — See Exhibit A for sample, Contact TPD for patch samples IFB No, 0103 -16 -KM -BC ---- PaJ11- e�f of 508 Shoulder Embilems and • Content- 55% Polyester/45% Wool Weight: 13 — 13 1/2 oz. per linear yard Weave: • Color: Navy Blue Vaellp Gold metallic striping of various lengths will be requested at time of order. The various widths used are 1/4", 1/2", and 1-1/2". • Insignia should begin 3" from the bottom of the coat sleeve. • Spacing should be 114" between stripes • Gold color striping should be matched with existing coats. • Both sleeves require identical striping. g•- 1; me- row* K 3.3.30 Command Staff LpM-Sleeve White Shirt with TPD Shoulder Patches and Ion-g-evitz emblems on sleeve 1A • 1:k -b -ILS M'jigg"All r-ji IF8 No. 0103 -16 -KM -BC pagoggotQ0 of 5T.g' Sleeve lengths: 32-37 inches Neck sizes: 14-1/2 to 18-1/2, 19, 20, 21, 22 W" Trouser must be available from stock in the following sizes: N'CIZ4"CA. , i x , -5 E 26 - 151 � Er, ED I #71'CT7#7'1E?V736,' i-HORT RISE., 28 - 40 (EVEN ONLY) LONG RISE: 32 - 44 (EVEN ONLY) ADDITIONAL SPECIFICATIONS: Trousers must have a 1" Gold Metallic Stripe sewn on along outseam of both legs. Must include hemming, 3.3.32 Command Staff Long Sleeve Navy Shirt with TPD Shoulder Emblems with Longevitv Emblems on Sleeve agimpil"IMMITS M -11M less"- IIM- WMMrA IFB No. 0103 -16 -KM -BC Pajk%JeD145I of 508 Sleeve lengths: 32-37 inches Neck sizes: 14-1/2 to 18-1/2, 19, 20, 21, 22 Me -Mrs -M affaPMOM STOCK SIZES: Mig , 10144"1 2-21MR-41 M SMORT RISE:40 (EVEN ONLY) REGULAR RISE: 28 - 60 (EVEN ONLY OVER 38) LONG RISE: 32 - 42 (EVEN ONLY) 3.3.35 Command Staff Dress Women's Trousers LADIES TROUSER SPECIFICATIONS Flying Cross by Fechheimer Item: 3529", 1 B No. 0103-16-KM-BC1w of 508 Pacye�-^vf REGI LAR RISE: ! SHORT RISE: 04 14 (EVEN ONLY) ADDITIONAL SPECIFIC" ■ Trousers must have •, Metallic Stripe sewn on • • outseam of bothlegs. includeMust hemming. 02MA9:TM RISE:SHORT : 1 ONLY) RISE:REGULAR 8 ONLY OVER , LONG RISE: 32 - 42 (EVEN ONLY) WOMEN'S SHIRT SPECIFICATIONS Flying Cross by Fecbheimer Item: 126R780OZ # 0 - K*1411104.rld Shirts must be available in the following sizes: Bust Sizes 8-5 28,30 Regular = 30" 32,34 Regular = 30" Long = 3" 36,38 Regular = 31" Long = 32" 40,42 Regular = 3" Long = 33" 44,46 Regular = 3" Long = 4" 8 & Up Regular = 34" Long = 35 IFB No. 0103 -16 -KM -BC Fag f of 508 INVJ11pal-a Shirts must be available in the following sizes: fflms��-- 28,30 Regular - 30" 321 34 Regular = 30" Long 36i 38 Regular = 31" Long = 32" 40,42 Regular = 32" Long = 33" 44,46 Regular = 330' Long - 34" 48 & Up Regular - 34" Long = 35 RI WIT- M. III MR IINIMISFergul "OY :m©»!°M - of :45148WA COLOR: LAPID Blue STOCK SIZE] Bust Sizes 28-52 -»»111-1a -w2<»!» - I 11MOMMM. U71:491MV; "IF 9=19 MI© MI IFB No,. 0103 -16 -KM -BC P—.-g-MOP4 0 508 STOCK SIZES: Women's • Women's♦ 4-16 R FL STATE SEAL GOLD is • GOLD SOUTACHE STRIPING ALONG EPAULETS • GOLD SOUTACHE STRIPING ATTACHED FROM SEAM TO SEAM, GOING DIAGONALLY ON EACH SLEEVE • BELT HOODS MUST BE ATTACHED TO BACK OF COAT i HONOR GUARD PATCHES ON BOTH SLEEVES • MUST INCLUDE ANY ADDITIONAL ALTERATIONS REQUIRED TO INSURE A PROPER FIT AND LITTLE TO NO BUNCHING OF COAT AFTER BELT IS PUT ON. STYLE: Sleeve lengths: 30/31, 32%33, 34%35, 35f37, and 38139 Neck sizes: 1 -1 i2 to 18-1 J , 19, 0, 1, , lFB No. 0103-1 1 6 -KM -BC Pa of of 508 Mate Enlisted Colonlal'?u Dress Blue Trousers Itern #RC-ARW3PfYNB-548 F PC— Our Colonial Army Dress Blue Boned Trousers are made of 100% Polyester. The material is both slain-resistani and wrinkle -resistant. NI ost alterations are in rJud ad, AJ I of our uniforms are made in the USA and ara government certified. See Army Dress Blue Packages for Package Discounts. MINX, 26 Regu6ar 34 XLong 39 Shori i4 Regular ..... 26 Short 35 Long 39 XLong 44 Stion 25 Regular 35 Regular 40 Long 44 KILong 28 Short 35 Short 40 Regular 46 Long 30 Long 35 XLong 40 Short 46 Regular 30 Regular 36 Long 40 XLong 46 Short 30 Short 36 Regular 41 Long 46 XLong 31 Long 36 Short 41 Regular 48 Long 31 Regular 36 XLong 41 Short 48 Regular 31 Short 37 Long 41 XLong 48 Schon 32 Long 17 regular 42 Long 48 X,Long 32 Regular 37 Shed 42 Regular 50 Long 32 Short 37 XLong 42 Short 50 Regular 33 Long 38 Long 42 XLong 50 XLong 33 Regular 38 Regular 43 Long 54 Regular 33 Short 38 Shod 43 Regui r 34 Lang 38 XLong 43 Short 34 Regular 30 Long 43 XLcng M -WI Me. REM Wl"A I &* 1101r1LIFA azasj elm y. W of 508 IF8 No. 0103 -16 -KM -BC Page om Shirts must be available in the following sizes: ■ r ! 'mmm-lir-0 t8t 30 Regular 32,34 Regular 0" Long = 3 1j, ! ■ 36,38 -! Reg 40 42 Regular 32"' Long 33" J J.. I ! Regular ! 4 Long A 15" nylon zipper, to be set below the second button and buttonhole, shall accomplish front closur4 The top, second and bottom buttons to be attached to the right front, the balance to be sewn over t buttonholes on ! '. Attach School Crossing Guard Patches Both Sleeves i 11141111111 111111!011, 1 STOCK SIZES,,. Shirts must be available following A 15" nylon zipper, to be set below the second button and buttonhole, shall accomplish front closur The top, second and bottom buttons to be attached to the right front, the; balance to be sewn over t buttonholes o ! _j!W of 508 IFB o. C 103-1 - KM -BC Pa �� 2O:#:ma.. * i« »*V 0 10 . 0 «»& 03MEREMM A1541TWIII.-OR STOCK SIZES: Shirts must be available in the following sizes: Sleeve lengths: 32-37 inches Neck sizes: 14-1/2 to 18-1/2, 19, 20, 21, nylon zipper, to be set below the second button and buttonhole, shall accomplish front closure. The top, second and bottom buttons to be attached to the right front, the balance to be sewn over the buttonholes on the left front. 16 on., A .. Medium Blue STOCK SIZES - Shirts must be available in the following sizes, Neck sizes: 142/2 to 18-1/2, 19, 20, 24,22 AFB No. 0103�16-KWBC PaWOj V of 508 !FB No. 0103 -16 -KM -BC Pae f of 508 IFB No. 0103 -16 -KM -BC Pac p Pqnof 508 je 35 of 48 � 72, tZ L. I'Z . ........ L. ? IFB No. 0103 -16 -KM -BC Pac p Pqnof 508 je 35 of 48 DEBORAH MEEGAN r- -1 of 508 IFB No. 0103-16-KWBC p a gre, — of 48 SERVING 1994 SINCE IFB No. 0103-1 - M- 3 WPo ---p—,7,1-a- ,g�eof of 508 ILA WEENLOW:4120 4.1.1 CONTRACT ADMINISTRATOR ResponstbIe for acting on beha,lf of the Manager of Procurement Services Office (PSO)j as delegated. Duties Include, but not limited to -- a. Overall liaison between the City and the Contractor. b. Overall contract administration (maintain contract files; process contract modifications, cancellations, or terminations; c. Assist and advise City departments and subordinate units on purchasing matters. d. Resolve conflicts between the City and contractor, when such conflicts cannot be resolved by the Technical Representative, to include, interpreting and enforcing contract requirements. �, i -4� 11 11, �90 k N U M Duties include, but not limited to -- a. Serve as liaison between the PSO and the Contractor on technical issues. b. Place orders against this contract, if applicable. cConduct evaluation and report on contractor's performance. d. Reviews and recommends action on contractor payment requests, e. Alerts the Contract Administrator of developing and unresolved problems, in't4mmus ZU The Contractor's representatives on this contract responsible for contract management are those persons identified by the contractor in "Section 2" of this contract and as required by any other clause to this contract, It If dirTerent representatives are designated by either party during the term of the contract, notice of any changes (name, address, telephone numbers, etc) will be promptly rendered in writing to the other party. Changes to designees shall be handled between the City's Contract Administrator and the Contractor's Contract Manager. IFB No. 0103 -16 -KM -BC P—,—f f ela— bof 508 ,Q�� 51 INSURANCE REQUIREMENTS a. Prior to commenc:ing wor , the Contractor shall procure and maintain at Contractor's o cost and expense throughout the Term of the contract the following types and limits insurance coverage in relation to the performance of work or provision of services hereund by the Contractor, its agents, representatives, employees or subcontractors: (1) Commercial General/Umbrella Liability Insurance - $500,000 limit per occurrence f property damage and bodily injury. The service provider should indicate in its b whether the coverage is provided on a claims -made or preferably on an occurren basis. The insurance shall include coverage, for the following • Pre m ise/Ope rations • Explosion, Collapse and Underground Property Damage Hazard (only wh applicable to the project) Prod ucts/Com pleted Operations Contractual • Independent Contractors • Broad Form Property Damage • Personal Injury (2) Business Automobile/Umbrella Liability Insurance- $500,000 limit per accident for property damage and personal injury. 0 Owned/Leased Autos WaMaR=0 _11#rr*1 SMAI IF B No. 0103 -16 -KM -BC of 508 A MEET=. -1 M 1,2 PAYMENTS a. The City shall pay the Contractor, either by credit card or upon the submission of prop invoices or contract pay requests, the prices stipulated in this contract, less any cleductio provided in this contract, b. It is the policy of the City of Tallahassee to fully implement the provisions of the "Florl Pro m pt Pa ym ent Act�". Fo r more i nform ation, please refer to Secti o n 218.7 0 FI o rida SS ta tute 5.3A SUBMITTAL OF PROPER INVOICES a. The Contractor shall submit an invoice at the end of every month [or other specified interva in which services were rendered [or in which supplies were delivered] and accepted, by o of the following methods: (1) E-mail (electronic PIDF image of invoice): accountspayable2talgov,com; 1FB No. 0103 -16 -KM -BC [gag lFO 'q -f -g5 of 508 5.3A SUBMITTAL OF PROPER INVOICES a, The Contractor shall submit an invoice at the and of every month or other specified interval], in which services were rendered for in which supplies were delivered] and accepted, by one of the following methods. (1) E-mail (electronic PDF image of invoice): accountspayablc@taigov.com; (2) Mail. Accounts Payable, 300 S. Adams St, Mail Box A-28, Tallahassee, FL 32301-1731 (3) Deliver: Accounts Payable, 3rd Floor, City Hall, 300 S. Adams St, Tallahassee, FL NOTE 1: At the request of the user -department, a copy of the invoice may be submitted to the project manager or designee at an address to be supplied. NOTE 2: If payment has been made utilizing a City Purchase/Credit Card then the invoice must be sent to the attention of and address for the individual who made the purchase. The Invoice should indicate that payment has been with a Purchase Card. b. Accounts Payable Contact Telephone: (850) 891-8280; Fax: (850) 891-8788 c. A proper invoice must include -- (1) Name and address of the Contractor; (2) Invoice date; (3) Invoice number (contractor is encouraged to assign an identification number); (4) Contract number, if applicable; (5) City's Purchase Order number, if applicable; (6) Contract line item number (if applicable); (7) Descriptions, quantities, units of measure, unit prices, and extended price of each item; (8) Terms of any prompt payment discounts offered; (9) Name and address of official to whom payment is to be sent; (10) Federal Identification Number or Social Security Number (whichever applies) 0 IN Wwffel OREM IFB No. 0103 -16 -KM -BC PIP-99g4el T%8of 508 5.4 INDEPENDENT CONTRACTOR STATUS The parties to this contract are independent contractors, and none of the provisions of this contract shall be interpreted or deemed to create any relationship between such parties other than that of independent contractors. Nothing contained in this contract shall be construed to create a relationship of employer and employee, master and servant, principal and agent, or coventurers between the City and the Contractor, between the City and any employee of the Contractor, or between the Contractor and any employee of the City. The City shall have no right to control or direct the details, manner, or means by which the Contractor performs the services or other requirements of this contract except to require compliance with such requirements, and the Contractor, similarly, shall have no control over or management authority with respect to the City or its operations. 5.5 INDEMNIFICATION a. The Contractor shall indemnify and hold harmless the City, and its officials, officers, and employees, from and against all clairns for infringement of any United States Patent and all other claims, damages, losses, and expenses (including without limitation costs of defending the same and attorney's fees) arising out of or resulting from the performance of the work, furnishing of services, or furnishing of materials, goods, or equipment (including but not limited to claims regarding defects in materials, goods, or equipment) which is caused in whole or in part by any breach of contract, act, or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. b. In any and all claims against the City, or any of its agents or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this clause shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any Workers' Compensation Act, Disability Benefit Act, or other Employee Benefit Act. 5.6 EVALUATION OF SERVICES --FIXED-PRICE a. Definition: "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services. b. The Contractor shall provide and maintain a quality control program acceptable to the City covering the services under this contract, If requested, complete records of all quality control work performed by the Contractor shall be maintained and made available to the City during contract performance and for as long afterwards as the contract requires. c. The City has the right to evaluate all services called for by the contract, to the extent practicable at all times and places of work during the term of the contract. The City shall perform evaluations in a manner that will not unduly delay the work, d. Evaluations conducted by the City shall be recorded on a standard City Vendor Performance Evaluation (VPE) form or other appropriate document, Completed VPE forms shall be processed as follows: (1) The City employee conducting the evaluation ("evaluator") shall send the ori incl VPE form to the Contract Administrator. (2) The Contract Administrator shall forward a �cgM of the completed VPE form to the Contractor. (3) The Contractor shall furnish a written reply to the Contract Administrator within ten (10) workdays, on any VPE form which contains area rated "unsatisfactory". As a minimum, the Contractor's written reply must explain the courses of action the Contractor has taken to resolve the unsatisfactory findings and to prevent future unsatisfactory performance, The Contractor's written reply to a VPE form shall also be maintained with the contract filed at the PSC. Ii Na. 0103 -16 -KM -BC 2 'Vaeg'e ? 'ff - of 508 e. If any of the services do not conform with contract requirements, the City may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the City may -- (1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and (2) Reduce the contract price to reflect the reduced value of the services performed. f. If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the City may -- (1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the City that is directly related to the performance of such service; or (2) Terminate the contract for default. (g) All completed VISE forms and other evaluation correspondence, shall become public record and may be used in evaluations for award of future contracts 5.7 CHANGES --FIXED-PRICE a. The Contract Administrator may at any time, by written order, and without notice to the sureties, if any, make changes within the general scope of this contract. b. If any such change causes an increase or decrease in the cost of, or the time required for performance of, any part of the work under this contract, whether or not changed by the order, the Contract Administrator shall make an equitable adjustment in the contract price, the delivery schedule, or both, and shall modify the contract. c. The Contractor must assert its right to an adjustment under this clause within thirty (30) days from the date of receipt of the written order. However, if the Contract Administrator decides that the facts justify it, the Contract Administrator may receive and act upon a proposal submitted before final payment of the contract. d. If the Contractor's proposal includes the cost of property made obsolete or excess by the change, the Contract Administrator shall have the right to prescribe the manner of the disposition of the property. e. Failure of the parties to mutually agree to any adjustment shall be resolved under the Disputes clause. However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. 5.8 DISPUTES a. All disputes arising under or relating to this contract shall be resolved under this clause. b. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract, A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under this clause; however, such request may become the basis for a claim if it is disputed either as to liability or amount or is not acted upon in a reasonable time. c. A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within one (1) year after accrual of the claim to the Contract Administrator for a written decision, A claim by the City against the Contractor shall be subject to a written decision by the Procurement Services Office. (1) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (2) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the City is liable; and that I am duly authorized to certify the claim on behalf of the Contractor," lFB No. 0103 -16 -KM -BC 1pe 13 age ?Wof 508 (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. d. For Contractor -certified claims, the Procurement Services Office must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. e. The decision of the Procurement Services Office shall be final. f. If the claim by the Contractor is submitted to the Procurement Services Office or a claim by the City is presented to the Contractor, the parties, by mutual consent, may agree to use alternative disputes resolution. If the Contractor refuses an offer for alternative disputes resolution, the Contractor shall inform the Procurement Services Office in writing, of the Contractor's specific reasons for rejecting the request. gi The City shall pay interest at the rate prescribed by Florida Statute 218.74(4) on the amount found due and unpaid from -- (1) the date that the Procurement Services Office receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. h. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Procurement Services Office. 5.9 NOTIFICATION OF LABOR DISPUTES If the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately give notice, including all relevant information, to the Contract Administrator. 5.10 NOTIFICATION OF OWNERSHIP CHANGES a. The Contractor shall notify the Procurement Services Office within thirty (30) calendar days, in writing, when the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur. b, The Procurement Services Office reserves the right to request accounting records from the Contractor, whenever the Procurement Services Office determines that the ownership changes may affect any cost and pricing data required by the contract, if applicable. For this purpose, the Contractor shall: (1) Maintain current, accurate, and complete inventory records of assets and their costs; (2) Provide the Procurement Services Office ready access to the records upon request; (3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes-, and (4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change. IFS No. 0103 -16 -KM -BC 4 'R(g'e T'168of 508 5,11 NOTIFICATION OF BANKRUPTCY In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the contract, written notification of the bankruptcy to the Contract Administrator. This notification shall be furnished within five (5) days of the initiation of the proceedings relating to bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a U�sfing of City contract numbers for all City contracts against which final payment has not been made. This obligation remains in effect until final payment under this contract has been made. 5.12 PROTECTION OF CITY BUILDINGS, EQUIPMENTL AND VEGETATION The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation on City property. if the Contractor's failure to use reasonable care causes damage to any of this property, the Contractor shall replace or repair the damage at no expense to the City, as the Contract Administrator directs. If the Contractor fails or refuses to make such repair or replacement in accordance with such directions, the City may make or contract for such replacement or repair, and, in such event, the Contractor shall be liable to the City for all related costs, which may be deducted from the contract price, and any amounts otherwise owed the Contractor, by the Procurement Services Office. Such failure by the Contractor shall also be deemed a default and shall constitute grounds for termination of this contract, at the option of the City. 5.13 TERMINATION a. If the Contractor fails to fulfill any of its obligations under this Contract, or otherwise, through no fault of the City, such failure shall be considered a default and shall entitle, but not obligate, the City to suspend performance under or to terminate this Contract, in whole or in part, at the City's discretion, if the Contractor fails to cure such default within thirty (30) days after receipt of a written notice thereof from the City, Furthermore, the City shall have the right to terminate this Contract, in whole or in part, without the Contractor being in default thereunder. Termination shall be effected by delivery to, the Contractor of a written notice specifying whether termination is for the default of the Contractor or for the City's convenience, the extent to which services under this Contract are to be terminated, and the date upon which such termination becomes effective. After receipt of such written notice, and except as otherwise directed in writing by the City, the Contractor shall promptly stop work under this Contract on the date and to the extent specified in the notice, terminate all subcontracts to the extent that they relate to the performance of services terminated by the notice, and complete performance of such services as shall not have been terminated by the notice. b. In the event of termination for convenience, the City shall pay the Contractor (i) the full amount due for goods satisfactorily delivered and/or services satisfactorily rendered, (ii) approved costs and expenses incurred which remain unpaid at the time of such termination, and (iii) such other costs of termination, if any, as may be mutually agreed by the parties. The City shall have the right to set off against amounts otherwise owed the Contractor all amounts owed by the Contractor to the City under this Contract or otherwise. 5.14 AVAILABILITY OF FUNDS FOR FUTURE FISCAL YEARS Funds may not be available for performance under this contract beyond September 30 of each year included in this contract. The City's -obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the City for any payment may arise for performance under this contract beyond the above referenced date, until funds are made available before commencing work or making deliveries to ensure funds are appropriated for this contL!Rct. 11=8 No. 0103 -16 -KM -BC 'VaedW iTWof 508 5.15 EXTENSION OF CONTRACT (not exceed six (6) months) After completion of the basic contract period and any yearly extension, the City may require continued performance of any services within the limits and at the rates specified in the contract. The extension provision may be exercised monthly or quarterly, but the total extension of performance hereunder shall not exceed six (6) months. The City may extend the services by written notice to the Contractor within thirty (30) calendar days. 5.16 PURCHASES BY OTHER PUBLIC AGENCIES ALL TERM CONTRACTS: With the consent and agreement of the successful bidder(s), purchases may be made under this bid by other governmental agencies or political subdivisions within the State of Florida. Such purchases shall be governed by the same terms and conditions stated herein. This agreement in no way restricts or interferes with the right of any Florida State or political subdivision or other public entity to bid any or all of these items independently. 5.17 REQUIREMENTS a. This is a requirements contract for the supplies or services specified and effective for the stated Term. The quantities of supplies or services specified are estimates only. Except as this contract may otherwise provide, if the City's requirements do not result in placement of orders in the quantities described as "estimated" or "maximum", that fact shall not constitute the basis for an equitable price adjustment. lb. Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations and Requirements clause or elsewhere in this contract, the Contractor shall furnish to the City all supplies or services specified in the contract and called for by orders issued in accordance with the Ordering clause. The City may issue orders requiring delivery to multiple destinations or performance at multiple locations, c. Except as this contract otherwise provides, the City shall order from the Contractor all the supplies or services described in the Price Schedule that are required to be purchased by the City department(s) or division(s) specified in the contract. d. The City is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract. e. If the City requires delivery of any quantity of an item before the earliest date that delivery must be made under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the City may acquire the urgently required goods or services from another source. f, Any order issued during the Term of this contract and not completed prior to the end of such Term shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and City's rights and obligations with respect to that order to the same extent as if the order were completed during the Term. 5.18 ORDERING a. Any items to be furnished under this contract shall be ordered by issuance of purchase orders by City departments or activities, as specified in the contract. Such purchase orders may be issued at any time during the Term of this contract. b, All orders are subject to the terms and conditions of this contract. In case of a conflict between an order and this contract, the contract shall control. c. Orders may be issued orally, by facsimile, by electronic commerce methods. IFB No. 0103 -16 -KM -BC Page 46 of 48 Page 181 of 508 5.19 ORDER, LIMITATIONS With regard to orders placed against this contract -- a. there is NO minimum monetary limit on single orders; b, there is NO minimum or maximum limit on the total orders that can be placed against this contract. 5.20 11ARRANTY OF SERVICE4 a. Defions. "Acceptance," as used in this clause, means the act of an authorized representative of the City by which the City assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract. "Correction," as used in this clause, means the elimination of a defect. b. Notwithstanding evaluation and acceptance by the Technical Representative or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract, The Contract Administrator shall give written notice of any defect or nonconformance to the Contractor within thirty (30) days from the date of acceptance by the City or other specified event whose occurrence will terminate the period of notice, or combination of any applicable events or period of time. This notice shall state either -- (1) That the Contractor shall correct or re -perform any defective or nonconforming services; or (2) That the City does not require correction or re -performance. c. If the Contractor is required to correct or re -perform, it shall be at no cost to the City, and any services corrected or re -performed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or re- perform, the City may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the City thereby, or make an equitable adjustment in the contract price. d, If the City does not require correction or re -performance, the City shall make an equitable adjustment in the contract price. 1,.21 PRE -PERFORMANCE CONFERENCE ai The Contract Administrator or Technical Representative of the City reserves the right conduct a Pre -Performance Conference (PPC) to discuss issues that may affe I performance on the contract, If the PPC is scheduled, the Contractor will be notified and be required to attend. The Contractor will be notified of the date, time, and location of t PPC, and any need for attendance by subcontractors. At the conclusion of the PPC, t Contractor and other attendees will be asked to sign a PPC Checklist that outlines the topi discussed at the PPC and will be filed with the contract. b. The Contractor and all other attendees are cautioned that the PPC shall NOT be used as forum for making changes to the terms and conditions in the contract, Changes to t contract shall be processed in accordance with the procedures provided for in the Chang clause of this contract. 1FB No. 0103 -16 -KM -BC Page 47 of 48 Page 182 of 508 6.1 ATTACHMENTS INCORPORATED IN FULL TEXT The following attachments are incorporated in this contract in full text and become an integral part of the contract: • Proposal of the Contractor, dated August 17, 2016 • Exhibit — A Police Badge And Emblems • Exhibit — B Longevity Emblems • Exhibit — C Name Tags • Exhibit — D Serving Since Pins DOCUMENTS INCORPORATED BY REFERENCE The following documents are incorporated in this contract by reference and become an integral part of the contract, and shall have the same force and effect as if they were incorporated in full text: IFB No. 0103-16- M -BO Pqg,§dg qfM of 508 N t I W WOO (This page rust ha �qjbrnjfted with bid. arid sha P become an intagral pam. of the rosullarpt tomraot) URI 90MUT] "I THEQNIBAQT ; 1R --P-R AG R E E 3 - - To furnish the Detow list od IterrI8 Of SuplA, i0a anWOr, sie eq, awarded lRwhole or in part by the C,11:r, at fta prioul set for each den) offered by the Corttractor, tn -accordance with 0e terms anr., A �46, rs of thy;. contract. EBIMMATED FACTORS IL The pdoe set for aiecl n 0a a "firm-fted' price, and inclwaiye c;f all labor, superviz:bria materials, supplies, 6QUOMent, Wols. m9ndl0g, aSMISSMarts, fees, and taxes, etc,, unless ariyy of MeEt factors are i've®r betaw m. a!separate flne 0,-eql, 2. Defivacy mall be "F -O -B- Uotliri*Opri, U-nj&Esf`rei&NhandF1nq het afv- 1nstod boVoo, as a separate line Item the price set for aril jjg*41� sh,,all include ars fraigtitfton0lin !; foos, and 3 Ttm- Contractor is nol emmpl frorn the Fla6da SalesTax on malerIMS or strVic". CERTIFIC9101J.-Of INDEP ENDENiT P MINAll D N EM =—, 91IM The bidder cenifie s umst°— �1) The prices -,sej Fort'h vt the, price schedule have b,eea- arriv(pi cV irtdepondent, wimoul, for me purpos,e of Lei rf,1*1.6LAng ournpetirrion, ;ony .wnsultabon, communioaOdn, cx agreemnt withtiny other, bidder or ,2) The WiOft,96t forth in the price sohedula YA not be knaMmgly distbsbd by ffie bkd",derL diTeGlt,ar indirectly, to any L-Aher ibidoer or mm enpatilor efore tmd opening No ahzrnpts have k;een rn&de by the, bidder w indluce any offlai-oonuum W submirl -,,r MV' t submit a bid for the purposam of t"ricting cornpe6thon �4) Bidders musvl su"A bids ;e d On the � ng requiremeoNdso ecdlbons in, is lF8. QuVa%s !spc,sir kakq rasled in this solloil.vjoh, herr e" or, Oril"001191 MS willEg and m y n entire, submilt adbid as non-respw,,�*, q be convdefefl for award a en"r the SHIRT - Malle &- rt4lial�e LonD Sl"ve Poll", uniform supaMPArt Dark Navy 0,11 (6,18tw 8870 wl'TPD Shozoird",patch, A cheviron on both sMevos and lrongovity embfams on sh2eve where app-jilcable,, 7 *SHIRT Mal�e & Femorle Sh,ort Sleeve Slupore.hlirt �Dark Nawy 011 (Stauer 8676 W woo TPD ShoUlderpatch & chevrci07 on both ajoevim where a ,3bte 1 No- Mq GY.16-K-M-Page, -3 of 45 Page 184 of 508 Trousers, Man) & Female Polim 6 PocUet U niform trotrsem Dark Navy 011 Slauer 8067), Trousers Maj�e a ocket, UnIfc3imtriousers Diark Navy all Blauer RZVMSISLE RANCOAT StacWHI VIS Yellow 713 Stauer 82 $,124.M ,74 $133.07 =0. $500,57' I RM, M! stee"S Where appycawe SHIRT-t,ongSleav*Sattle ret,45hm-t wftb sewn cm, Name'ragand Unit 10 �K- 8), Bhoao Qwnaminw wtift TPD shoutder patch, badge patch & Vpevronon borh sleeves wham applicable IFB Ro 01G3.1e 75' mg EMRSO-Om 76, $34-84 ,67 S31 n65 -Qtj 5292.45 110.64 Page 185 of 508 SHIRT - Short Sleeve 5attle Dress $ hIM wnih sown on Name Tag and Unit I D (K- 9), Sfigade Quanarmaster#CCS9.04) witto TPD shoutdor patch,, badge patch & Chemo ort boi!h slems whare, 532.75 1$33,16 1$34-84 Mgm SIKE.JACKET:5 Macean JarW 6010 with ift shoWder patO, pofloo bodge chevron, on both shmves whem WflaWe, So" on badge BIKE SHORT SLEEW Shirt TACLIM PIRO 7117$ 4md 711767 MM TPV shoulder patch, police badge & ctlevmri ow both sfeeqvs where appocawe, sevm on 0ai0oo andMame !�V ....... .... fte Cyang Shoris – TACLITE, 73,287 01W 7M,7L aiko T;A t' C14 9 Pro 11, inch "OTts T1308 • Bike Tacuto Pro Pant 72473 an4 724:73L 'car Ii— Shoulder EM tiroldered Patch as per specif icafions (Black & -® -SmIng Since Pjn!s ajackingtont ial,w)l 1�01 Unit Patches Par M M.md7,J)xj Ml Com mart4 Staff Dress Cqats f!jyj0q 20' Crozs by Ftchhe'Emer, 34691 with TAD ShodWor Patches and ambk-w,s IFSNO, 0103 -16 -Mol -BC, I Page 186 of 508 IF 6 W. 0103- 1 !a-KPA-BC SA 1�',*mmand SU:fl' Long Skeve White Shirt I Sir, 0$53,443 $9..02 $267,70 Flying Cross by Fechhokner, 33W780OZ 1$34075 $35A2 $36.07 wfth TPD ShoW4-w PatOes & fooqvidW EA S39,25 0.46 r $4,176 $1,21.47 EA 11634-75, Command Staff Dress Mon Trousers $n.97' $107-:54 Flying Cross by FeOheimer 34291 Com mand Staff Long, S I-, o Navy Sh irr Flying Cross by Fechhalm or 34W78BEZ wiM TPD ShouOdar Patch" oad CWmmand StaffShcwt Sleeve Navy $hIrt Flying Cross by Fachhelmor aTR7886Z imith TFV Sfti"oir Patches Cm mand Staff Men Navy Trousmys Flying Cross by FechWmvr Z,900 21 Cm mood Staff Dress W amen's Ladies 1 Trous4rm Flying Cross by Fechheirriefff U291 Command Staff Dress Women's White Leng SloGvQ FNInf] Cm" by Fechhoimor 12613,713007 i0tirt TPO Patches atid longavibremblems Command Maff, VWmrmn* Long Sk,,eve y!t-- Navy Shtrt, F! Ing Qrolss by Fachheimer 127R7886Z with, TPO Shatilderpafches and IcWems Cimnman 0 Staff Women's SIvort, S�"va J Nayy Shon, FlyI rig Cross by Fechhefter 117RTOOGZ, with IrPO ShOWder AetCh" 'Command Staff Women',%, Uni Ormt rousers. Navy Flying, Cross by, ochhelmief 3933 Hemor Guard Men Coat Flying Cros's by "a I P*chheimar 300-00, with M Shloulmder Patches Hofior Guard Long Sleave Shirt, Fllyfng im Cross by Fechhelmor UD1202I w*h IrPo sho"15der Paql IF 6 W. 0103- 1 !a-KPA-BC SA $5,01-25 Sir, 0$53,443 $9..02 $267,70 EA 1$34075 $35A2 $36.07 $107 Z4 E A $86.50 r 9,18 $9..02 $267,70 EA $45.75 $020 $49.73. $144 .,68 EA S39,25 0.46 r $4,176 $1,21.47 EA 11634-75, V$35t2 $n.97' $107-:54 MUM .23 $108-31 PZK Au t 0" Page 187 of 508 Circmain,ig Ou" Womon Long Sleeve, Fly[ng Cross lay Fechtkoimer 128R7846 with TPD Shouider Patches Crossina Guard Women Short S 14eve Fly" Cros% by Fechfieftv 17OR7046 with TPD Should'or Paithvs Crostlft�l Guard Nlsn Long Sleeve Flyling Cross by Fiechhialmar 36WMS, with T'PiD al Cma 4 F"Inhekner 8$R,784.5Zwhh $ 8,308A1 NOTE 4 Pelting shall Include the cost of sWbfn!� 04 patebaUattmonts with p4amment locatio,nas directed by TM .Adfter receipt of order, (OPTIONAL) Percents" j%) qI!scqyi1t Off Catelog PTIcas For miscellamous Uniform Kama not listed above priwide percentage dIticount from CU ht Pdoe List for sach Brand Name f�aj,al_qj �ttach toparaL* O"t if rtsede X % Discount Ott Brand Name Catalog 01acourit Off—_ Brand Nam o catslog I Discount % ADDITIONA4, 00MMENTSREQUIREMENTS AWAAD WILL BE: BAND ON ITEMS GROOM AS, FOLLOWS-, Lot JSjsUarr LiffiforMs Line Item, a, A 1 - 6; Lot 2T Molorcy4l,* UnIilorm Line herrn iR 7, Lot 3: SPIewak Jackal Urre Items # 841); Lot,41, Sale Dr#86 Un9f ormsLlne Item% # 11 - 14, Lot 5: Mks Uniform% Line ftems # 45 -1 , Lot 6. Pot ches;Plins Line itemq # 20 - 28Lot 7, Fitchheimer Unkfoprri,3, Line Itam,g 29— 46, ARO: AFTER RECEIPT'OF OR'bLR. MAY UE USED AS AN AWARO rACTOR, CITle OF TALLAH A$- SE IF PURCHASINGGREDITCARD (P-CAPID): 146DER r_HE(,K ow-' VVI LL AGGEPI- , _VVILL NOT ACCEPT NOTE:A50WEUMTPRI CES MV5T INCLUDE ANY PI -CARD 7RANSACTION PROGE:5,41NO F EL-,: It, " R Nu Psg70'48 Page 188 of 508 EXECUTION COPY BILL OF SALE AND ASSIGNMENT August 30, 2016 Azar's Uniforms, Inc., an Alabama corporation (the "Seller"), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, assign, transfer and convey to Galls, LLC, a Delaware limited liability company (the `Buyer"), and the Buyer hereby assumes and accepts from the Seller, all of the Seller's right, title and interest in and to all of the Acquired Assets, as defined in that certain Asset Purchase Agreement, dated as of August 30, 2016, by and among the Seller, the Buyer, C. Mark Azar and Zack N. Azar, III (the "Agreement'). Capitalized terms used herein that are not otherwise defined shall have the meanings ascribed thereto in the Agreement. TO HAVE AND TO HOLD all and singular the Acquired Assets to the Buyer, its successors and assigns, to their own use and to have and to hold forever. The Seller, for itself and its successors and assigns, does hereby authorize the Buyer, its successors and assigns, in the name of the Seller and as the Seller's attorney, to do any and all things necessary or advisable to reduce the Acquired Assets to the Buyer's possession. The Seller, for itself and its respective successors and assigns, does hereby covenant with the Buyer to execute, acknowledge, deliver and perform, or to authorize the Buyer, as the agent and attorney of the Seller, to execute, acknowledge, deliver or perform, any and all further instruments and acts which may be reasonably required to transfer and assign to the Buyer the Acquired Assets transferred or intended to be transferred hereby or to accomplish the intent and purpose hereof. Notwithstanding any other provisions herein to the contrary, nothing contained herein shall in any way supersede, modify, replace, amend, change, rescind, waive, exceed, expand, enlarge or in any way affect the provisions of the Agreement. This Bill of Sale and Assignment is intended only to effect the sale and transfer of the Acquired Assets pursuant to the Agreement and shall be governed entirely in accordance with the terms and conditions of the Agreement. The agreements, obligations, assumptions and covenants of the Buyer under the Agreement are not merged hereunto and shall, to the extent provided in the Agreement, survive the execution and delivery herewith, and the performance of the consummation of all transactions provided for in the Agreement. This instrument is binding upon, and shall inure to the benefit of the Seller and the Buyer and their respective successors and assigns. This Bill of Sale and Assignment may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of a number of copies hereof each signed by less than all, but together signed by all of the parties hereto. [Signature Pages Follow] Doc#: USI 10746975v6 Page 189 of 508 IN WITNESS WHEREOF, the Seller and the Buyer have executed this Bill of Sale and Assignment as of the date first written above. SELLER: AZAR'S INI W7,4 -- 1----7 C. B y: Name: C. Mark Azar Title: [Signature Page to Bill of Sale and Assignment] Page 190 of 508 I GALLS, LLC By. Name: R. Michael Andrews, Jr. Title: Chief Financial Officer, Secretary and Treasurer [Signature Page to Bill of Sale and Assignment] Page 191 of 508 6.E. CONSENTAGENDA 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Authorize the City Manager to approve change orders 3, 4, and 5 from Con Tech Building Corporation of Delray Beach, FL in the amount of $12,167 for unforeseen conditions discovered while the contractor was implementing bridge repairs. This approval increases the approved cost to $73,983, these are the final change orders. EXPLANATION OF REQUEST: Each year the Florida Department of Transportation inspects each of the City maintained bridges and offers the City a report that details findings and recommendations for deficiency corrections. In June the Commission authorized Con Tech, the lowest responsible bidder, to address FDOT's repair recommendations. Upon initiating repairs to the bridges on SW 22nd Way, Diane Drive, West Ocean Drive and East Bound Gateway Blvd, Con Tech found that concrete spall was present in more areas than was documented in the FDOT reports. Con Tech recommends the additional repairs, covered by these three change orders, to address concrete spall. Spall is caused when water infiltrates into concrete, chemically reacts with the iron in the rebar reinforcement and causes the rebar to rust. As the rust expands it causes the concrete, encasing it, to flake off in pieces. When spall occurs, it is not immediately obvious as it may take time for the rusting rebar to cause pieces of concrete to fall from the structure. Therefore the limits of spall repair are best identified during the repair process. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The repairs will extend the useful service life of the bridges. These four bridges at Diane Drive, SW 22nd Way, West Ocean Drive, and East Bound Gateway Blvd were installed in 1950, 1952, 1969, and 1988, respectively. The bridges on Diane Drive and SW 22nd Way are nearing the end of their service life. A bridge replacement program (to replace a 50+ year old bridge each year for 7 years) has been scheduled and budgeted beginning in 2021/2022, in the City's upcoming proposed Capital Plan. FISCAL IMPACT: Budgeted This project is budgeted. The revised construction cost is $73,983 and is funded from the Bridge Repair — Maintenance and Improvements component of the City's Capital Improvement Budget, Project Number: TR0903 (street maintenance). Original Proposal Amount $ 46,596.00 Change Order No. 1 $ 7,735.00 Change Order No. 2 $ 7,485.00 Change Order No. 3 $ 5,422.00 Change Order No. 4 $ 4,370.00 Change Order No. 5 $ 2,375.00 Total Project Cost $ 73,983.00 per R17-055 (6/6/17) Commission approved 9/7/17 Commission approved 9/7/17 Page 192 of 508 ALTERNATIVES: None. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type D Attachment D Attachment D Attachment Description Con Tech CO No 3 Con Tech CO No 4 Con Tech CO No 5 Page 193 of 508 CHANGE ORDERS location diane dr. 935304 west ocean 935300 sidewalk replacement cog TOC/I Building Corp. 3822 S. Lancewood Pl. Delray Beach, Fl. 33445 Phone: 561- 637-2222 Fax: 561-865-7047 Email. bbrewer(i�bc-ct.com Weh: www.bc-ct.com Florida license # CGC-062808 Project: Date: item repair wall joints repair wall joints concrete/forms labor Invoice Detail- CHANGE etaiI Boynton Beach Bridge Repair 10/4/2017 quantity unit cost 43 If $20.00 147 If $20.00 1 Is $782.00 24 HRS $35.00 Totals Amount Paid Balance Due: $5,422.00 Thank you for being our customer. Note: Final cost will be based on actual quantities repaired or replaced. Contact- Gary Dunmyer Cell # - 631-1813 Office # - Fax # - dunmyerggbbfl.us total $ $860.00 $2,940.00 $782.00 $840.00 $5,422.00 Page 194 of 508 Page 195 of 508 Totals $4,370.00 Amount Paid Balance Due. 1 $4,370.00 Thank you for being our customer. Note: Final cost will be based on actual quantities repaired or replaced. Contact- Gary Dunmyer Cell # - 631-1813 Office # - Fax # - dunmyerggbbfl.us Page 196 of 508 Project: Boynton Beach Bridge Repair Date: 12/5/2017 location item quantity unit cost total $ w ocean 9353000 change order No. 4 replace expansion joint 228 If $20.00 $4,560.00 joints billed out previously -147 If $20.00 -$2,940.00 sw 22-935306 change order No. 4 slab repair 22 sf $125.00 $2,750.00 Totals $4,370.00 Amount Paid Balance Due. 1 $4,370.00 Thank you for being our customer. Note: Final cost will be based on actual quantities repaired or replaced. Contact- Gary Dunmyer Cell # - 631-1813 Office # - Fax # - dunmyerggbbfl.us Page 196 of 508 Page 197 of 508 Project: Date: location item gateway 93508 bridge repair per contract change order No. 5 slab repair Boynton Beach Bridge Repair 12/2/2017 quantity unit cost total $ 19 sf $125.00 $2,375.00 $0.00 Totals $2,375.00 Amount Paid Balance Due. 1 $2,375.00 Thank you for being our customer. Note: Final cost will be based on actual quantities repaired or replaced. Contact- Gary Dunmyer Cell # - 631-1813 Office # Fax # - dunmveruabbfl.us Page 198 of 508 6. F. CONSENTAGENDA 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Authorize the City Manager to approve change orders to Cobra Construction, Inc. of Boynton Beach in the amount of $21,977.50 increasing the total amount for these sidewalk rehabilitation projects from $150,308.00 to $172,285.50. EXPLANATION OF REQUEST: On September 19, 2017, Commission approved an award of 10 sidewalk rehabilitation projects to Cobra Construction of Boynton Beach for $136,608.00 plus a 10% contingency of $13,700.00 for a total estimated cost of $150,308.00. The projects were awarded based upon a price per unit cost. The volume of work has changed based upon the following: • The City Engineer sidewalk rehabilitation plan was created prior to Hurricane Irma. Many more sidewalk cracks appeared after the storm due to: • Adjacent tree damage. • Cars parking on sidewalks • City Engineer directed Cobra repair storm damaged sidewalks adjacent to these projects. • City Engineer directed Cobra to repair storm damage in other parts of the City, at the agreed to unit prices. In the 6 NE Boynton sidewalks projects, the City Engineer surveyed the sidewalks from a vehicle and assumed all the sidewalks were 4 ft wide when some were actually 5 ft wide. As a result the cost of the 10 sidewalk projects has increased to $172,285.50. Staff is requesting approval of a change order in the amount of $21,977.50 increasing the approved amount from $150,308.00 to $172,285.50 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted The Cost changes per project are as follows: Cobra Construction, Inc. Payment Exhibit Project No. Bid Amount Install Amount Change Order 1 $ 16,522.00 $ 17,102.00 $ 580.00 3 $16,534.00 $16,702.50 $ 168.50 4 $14,866.00 $13,333.00 $ (1,533.00) 5 $ 7,844.00 $ 9,217.50 $ 1,373.50 6 $ 15,760.00 $ 20,418.00 $ 4,658.00 7 $13,045.00 $23,086.00 $10,041.00 Page 199 of 508 8 $10,997.00 $13,846.00 $2,849.00 9 $ 12,015.00 $ 6,247.50 $ (5,767.50) 10 $14,065.00 $30,442.50 $16,377.50 11 $ 14,960.00 $ 18,235.50 $ 3,275.50 Contingency $ 13,700.00 $ 0.00 $(13,700.00) Hurricane Repairs $ - $ 3,655.00 $ 3,655.00 $150,308.00 $172,285.50 $ 21,977.50 This project will be funded by the sales surtax tax dollars. The proposed cost shall be funded from the City's Capital Improvement Plan from Sidewalks - Replacement (Project Number: CP0263, and Account Number 303-4904-541.63-24) ALTERNATIVES: Do not approve change orders STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: This project was awarded to a local, City based vendor. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: 1 Type D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment Description Change Order for Project No, 1 Change Order for Project No, 3 Change Order for Project No, 5 Change Order for Project 6 Change Order for Project 8a Change Order for Project 8b Change Order for Project No, 10 Change Order for Project No, 11 Hurricane related (not adjacent to projects) Page 200 of 508 Cobra Construction, Inc. Invoice 4010 Thor Drive Invoice#: 28996 Boynton Beach FL 33426 Date: 12/04/2017 561-276-3820 License: CGC 032699 Job #: 171002 Billed To: City of Boynton Beach, FL. Project: City of Boynton Beach 100 East Boynton Beach BLVD. 222 N.E. 9TH AVE. P.O. Box 310 Boynton Beach FL 33435 Boynton Beach FL 33425-0310 Client #: 10981 Purchase Order# Terms: 30DY Due Date: 12/04/2017 Description Quantity Units Price Amount CITY OF BOYNTON BEACH SW REHAB PROJECT - PROJECT #1 P.O. #: 180119 CONTRACTED SAWCUT, REMOVE, & REPLACE 4" SW -1.00 EA $4,080.00 -4,080.00 SAWCUT, REMOVE, & REPLACE 6" SW -1.00 EA $760.00 -760.00 SAWCUT, REMOVE, & REPLACE 4" SW -1.00 EA 1$7,310.00 -7,310.00 SAWCUT, REMOVE, & REPLACE 6" SW -1.00 EA $608.00 -608.00 SAWCUT, REMOVE, & REPLACE 4" SW -1.00 EA $2'890.00 -2,890.00 (,$874.00 SAWCUT, REMOVE, & REPLACE 6" SW -1.00 EA -874.00 ACTUAL INSTALLaF°. PROJECT #1 - BAYTREE ADDRESS SAWCUT, REMOVE, & REPLACE 4" SW 561.00 SF $8.50 4,768.50 SAWCUT, REMOVE, & REPLACE 6" SW 72.00 SF $9.50 684.00 Sub Total $580.00 Payments / Credits $0.00 Thank you for choosing Cobra, we look forward to your prompt payment. Amount Due $580.00 Page 201 of 508 1 411 Cobra Construction, Inc. Invoice 4010 Thor Drive Page: 2 of 2 Invoice#: 28996 Boynton Beach FL 33426 Date: 12/04/2017 561-276-3820 License: CGC 032699 Billed To: City of Boynton Beach, FL. Project: City of Boynton Beach 100 East Boynton Beach BLVD. 222 N.E. 9TH AVE. P.O. Box 310 Boynton Beach FL 33435 Boynton Beach FL 33425-0310 Purchase Order# Terms: 30DY Due Date: 12/04/2017 Description Quantity Units Price Amount SAWCUT, REMOVE, & REPLACE 4" SW 135.00 SF $8.50 1,147.50 -*@ BOYNTON LAKES BLVD E @ CONGRESS ADDED BY FRANZ/ GRACE PROJECT #1 - CEDAR CIR/ LN SAWCUT, REMOVE, & REPLACE 4" SW 876.00 SF $8.50 7,446.00 PROJECT #1 - DOGWOOD CIRCLE SAWCUT, REMOVE, & REPLACE 4" SW 288.00 SF $8.50 2,448.00 SAWCUT, REMOVE, & REPLACE 6" SW 64.00 SF $9.50 608.00 TOTALS: 4" REMOVE & REPLACE: 1860 6" REMOVE & REPLACE: 136 Sub Total Payments / Credits Amount Due $580.00 $0.00 Page 202 of 508 F- . Z.obra Construction,Invoicc 4010 Thor Drive Invoice#: 29017 Boynton Beach FL 33426 Date: 12/12/2017 561-276-3820 License: CGC 032699 Job #: 171002 Billed To: City of Boynton Beach, FL. Project: City of Boynton Beach 100 East Boynton Beach BLVD. 222 N.E. 9TH AVE. P.O. Box 310 Boynton Beach FL 33435 Boynton Beach FL 33425-0310 Client #: 10981 Purchase Order# Terms: 30DY Due Date: 01/11/2018 L!�-tlon Quantity Units Price Amount CITY OF BOYNTON BEACH SW REHAB PROJECT - PROJECT #3 --t r F P.O. #: 180119 CONTRACTED SAWCUT, REMOVE, & REPLACE 4" SW -1.00 EA $4,760.00 -4,760.00 SAWCUT, REMOVE, & REPLACE 4" SW -1.00 EA $4,250.00 -4,250.00 SAWCUT, REMOVE, & REPLACE 6" SW -1.00 EA $7,524.00 -7,524.00 ACTUAL MISTY LAUREL DR/ CIR SAWCUT, REMOVE, & REPLACE 4" SW 571.00 SF $8.50 4,853.50 - a. SAWCUT, REMOVE, & REPLACE 4" SW 634.00 SF $8.50 5,389.00 Sub Total $168.50 Payments / Credits $0.00 Thank you for choosing Cobra, we look forward to your prompt payment Amount Due $168.50 Page 203 of 508 Invoice Cobra Construction, Inc. 4010 Thor Drive Page: 2 of 2 Invoice#: 29017 Boynton Beach FL 33426 561-276-3820 Date: 12/12/2017 License: CGC 032699 Billed To: City of Boynton Beach, FL. Project: City of Boynton Beach 100 East Boynton Beach BLVD. 222 N.E. 9TH AVE. P.O. Box 310 Boynton Beach FL 33435 Boynton Beach FL 33425-0310 Purchase Order# Terms: 30DY Due Date: 01/11/2018 Tescription Quantity Units Price Amount SAWCUT, REMOVE, & REPLACE 6" SW 680.00 SF $9.50 6,460.00 Thank you for choosing Cobra, we look forward to your prompt payment. Sub Total F -T, 7197m, a $168.50 $0.00 $168.50 Page 204 of 508 • � i rerilMrAl R 4010 Thor Drive Invoice#: 29016 Boynton Beach FL 33426 Date: 11/27/2017 561-276-3820 License: CGC 032699 Job #: 171002 Billed To: City of Boynton Beach, FL. Project: City of Boynton Beach 100 East Boynton Beach BLVD. 222 N.E. 9TH AVE. P.O. Box 310 Boynton Beach FL 33435 Boynton Beach FL 33425-0310 Client #: 10981 Purchase Order# Terms: 30DY Due Date: 01/11/2018 Description Quantity Units Price Amount CITY OF BOYNTON BEACH SW REHAB PROJECT - PROJECT #5 PO: 180119 CONTRACTED: SAWCUT, REMOVE, & REPLACE 4" SW -1.00 EA $3,740.00 -3,740.00 SAWCUT, REMOVE, & REPLACE 6" SW -1.00 EA $4,104.00 -4,104.00 ACTUAL INSTALL: - OVERAGES SAWCUT, REMOVE, & REPLACE 4" SW 843.00 SF $8.50 7,165.50 SAWCUT, REMOVE, & REPLACE 6" SW 216.00 SF $9.50 2,052.00 Sub Total Payments / Credits Amount Due $1,373.50 $0.00 $1,373.50 Page 205 of 508 Cobra Construction, Inc. 4010 Thor Drive Boynton Beach FL 33426 561-276-3820 License: CGC 032699 Billed To: City of Boynton Beach, FL. 100 East Boynton Beach BLVD. P.O. Box 310 Boynton Beach FL 33425-0310 Client #: 10981 Invoice Invoice#: 1099 Date: 12/12/2017 Job #: 171002 Project: City of Boynton Beach 222 N.E. 9TH AVE. Boynton Beach FL 33435 Purchase Order# Terms: 30DY Due Date: 01/11/2018 Description Quantity CITY OF BOYNTON BEACH SW REHAB PROJECT - PROJECT #6 ORANGE ST/ E ATLANTIC DR/ N PALM DR/ OCEAN PARKWAY P.O.: 180119 CONTRACTED: SAWCUT, REMOVE, & REPLACE 4" SW SIGN REMOVAL/ REPLACE REPLACE TY PE D CURB ACTUAL INSTALL - EWO 12-12-2017 SAWCUT, REMOVE, & REPLACE 4" SW SIGN REMOVAL/ REPLACE Units Price Amount -1.00 EA $14,535.00 -14,535.00 -3.00 EA $125.00 -375.00 -1.00 EA $850.00 -850.00 2,358.00 SF $8.50 20,043.00 3.00 EA $125.00 375.00 Thank you for choosing Cobra, we look forward to your prompt payment. Sub Total Payments / Credits Amount Due $4,658.00 $0.00 $4,658.00 Page 206 of 508 Cobra Construction, Inc. 4010 Thor Drive Boynton Beach FL 33426 561-276-3820 License: CGC 032699 Invoice Invoice#: 29063 Date: 12/31/2017 Job #: 171002 Billed To: City of Boynton Beach, FL. Project: City of Boynton Beach 100 East Boynton Beach BLVD. 222 N.E. 9TH AVE. P.O. Box 310 Boynton Beach FL 33435 Boynton Beach FL 33425-0310 Client #: 10981 Purchase Order# Terms: 30DY Due Date: 02/03/2018 Description Quantity Units Price Amount CITY OF BOYNTON BEACH SW REHAB PROJECT - PROJECT #8 P.O.: 180119 EWO PROJECT #8 EXTRA WORK ORDER REQUEST SAWCUT, REMOVE, & REPLACE 4" SW 14.00 SF $8.50 119.00 SAWCUT, REMOVE, & REPLACE 6" SW 38.00 SF $9.50 361.00 Thank you for choosing Cobra, we look forward to your prompt payment. Sub Total Payments / Credits Amount Due $480.00 $0.00 $480.00 Page 207 of 508 Cobra Construction, Inc. 4010 Thor Drive Boynton Beach FL 33426 561-276-3820 License: CGC 032699 Invoice Invoice#: 29049 Date: 12/22/2017 Job #: 171002 Billed To: City of Boynton Beach, FL. Project: City of Boynton Beach 100 East Boynton Beach BLVD. 222 N.E. 9TH AVE. P.O. Box 310 Boynton Beach FL 33435 Boynton Beach FL 33425-0310 Client #: 10981 Purchase Order# Terms: 30DY Due Date: 01/21/2018 Description Quantity Units Price Amount CITY OF BOYNTON BEACH SW REHAB PROJECT - PROJECT #8 P.O. #: 180119 ACTUAL INSTALL: SAWCUT, REMOVE, & REPLACE 4" SW 264.00 SF $8.50 2,244.00 SIGN POLE REMOVAL 1.00 EA $125.00 125.00 Thank you for choosing Cobra, we look forward to your prompt payment. Sub Total Payments / Credits Amount Due $2,369.00 $0.00 $2,369.00 Page 208 of 508 4010 Thor Drive Boynton Beach FL 33426 561-276-3820 License: CGC 032699 Billed To: City of Boynton Beach, FL. 100 East Boynton Beach BLVD- P.O. Box 310 Boynton Beach FL 33425-0310 Client #: 10981 Invoice Invoice#: 29045 Date: 12/22/2017 Job #: 171002 Project: City of Boynton Beach 222 N.E. 9TH AVE. Boynton Beach FIL 33435 Description Quantity Units CITY OF BOYNTON BEACH SW REHAB PROJECT - PROJECT #10 - ,Q i-' B P.O.#: 180119 EWO SAWCUT, REMOVE, & REPLACE 4" SW SAWCUT, REMOVE, & REPLACE 6" SW 7093-Rff nz1 1 1,804.00 SF $8.50 15,334.00 123.00 SF $9.50 1,168.50 Sub Total Payments / Credits Amount Due 9WA99WI $0.00 Page 209 of 508 Cobra Construction, Inc. Invoice 4010 Thor Drive Invoice#: 29047 Boynton Beach FL 33426 561-276-3820 Date: 12/2212017 License: CGC 032699 Job #: 171002 Billed To: City of Boynton Beach, FL. Project: City of Boynton Beach 100 East Boynton Beach BLVD. 222 N.E. 9TH AVE. P.O. Box 310 Boynton Beach Fl- 33435 Boynton Beach FL 33425-0310 Client #: 10981 Purchase Order# Terms: 30DY Due Date: 01/21/2018 agam Quantity Units CITY OF BOYNTON BEACH SW REHAB PROJECT - PROJECT #11 kj,�- 00 C, ,wry DiA P.O. M 180119 'Ace Amoun! EWO PROJECT #11 SAWCUT, REMOVE, & REPLACE 4" SW 363.00 SF $8.50 3,085.50 SAWCUT, REMOVE, & REPLACE 6" SW 20.00 SF $9.50 190.00 Sub Total n=T17tim- Page 210 of 508 Cobra Construction, Inc. Invoice 4010 Thor Drive Invoice: 29060 Boynton Beach FL 33426 Date: 12/31/2017 561-276-3820 License: CGC 032699 Job M 171002 Billed To: City of Boynton Beach, FL. Project: City of Boynton Beach 100 East Boynton Beach BLVD. 222 N.E. 9TH AVE. P.O. Box 310 Boynton Beach FL 33435 Boynton Beach FL 33425-0310 Client M 10981 Purchase Order# Terms: 30DY Due Date: 02/03/2018 Description Quantity Units Price Amount ADDITIONAL HURRICANE DAMAGE NOT TIED TO ANY PROJECT SW 26TH NEAR 1 ASPEN CT. SAWCUT, REMOVE, & REPLACE 4" SW 80.00 SIF $8.50 680.00 1261 GONDOLA CT SAWCUT, REMOVE, & REPLACE 4" SW 122.00 SF $8.50 1,037.00 104 GATEWAY SAWCUT, REMOVE, & REPLACE 4" SW 228.00 SF $8.50 1,938.00 Thank you for choosing Cobra, we look forward to your prompt payment Sub Total Payments / Credits Amount Due $3,655.00 $0.00 $3,655.00 Page 211 of 508 6.G. CONSENTAGENDA 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Accept the City of Boynton Beach FY2016/2017 Annual Grants Report. EXPLANATION OF REQUEST: The mission of the Grants Team is to enhance the achievement of the City's overall goals by providing research, planning, support, feedback and other assistance to its departments in the development of alternative funding sources for citywide projects. The Grants Coordinator prepares an Annual Grants Report each year, which summarizes the City's previous year's grant activity. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Grants Team provides grant development support services to City departments through the identification and monitoring of federal, state, regional, and local grant opportunities. Team members and department staff seek funding for priorities identified during the budget process. Team members and staff specifically focus on meeting department goals, supporting the Capital Improvement Program (CIP) and responding to citywide emergency needs. The Annual Report serves to document citywide efforts and identify focus areas for the next fiscal year. FISCAL IMPACT: None. ALTERNATIVES: Not accept the report. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 212 of 508 ATTACHMENTS: Type D Staff Report Description FY2016/2017 Annual Grants Report Page 213 of 508 City of Boynton Beach FY201612017 Annual Grants Report Boynton Beach Grants Team December 19, 2017 Page 214 of 508 j.'F20 611201 / .1r2rnw Gr=(mis Repor2 Introduction The Grants Team provides grant development support services to City departments through the identification and monitoring of federal, state, regional, and local grant opportunities. Team members and department staff seek funding for priorities identified during the budget process. Team members and staff specifically focus on furthering the Strategic Plan, meeting department goals, supporting the Capital Improvement Program (CIP) and responding to citywide emergency needs. The Grants Coordinator provides the following: • Orientation for all new Grants Team members • Grant writing assistance • Grant proposal quality review • Special project funding availability analyses • Grant lifecycle monitoring • Grant management training • Serves as the Organization Administrator for grant management software • Pre -audit preparation • Special assistance to outside organizations as approved by the City Manager An Annual Grants Report is published each year, which summarizes the City's previous year's grant activity, serves to document citywide efforts and identify focus areas for the next fiscal year. Grant Team members' diligence in using the tools provided by the City is essential to communication and effective record keeping. Accordingly, the Grants Coordinator solicits comments, suggestions and recommendations regarding grants management tools and this report, which is used to increase the overall efficacy of the program. Grants Team Mission Statement: To enhance the achievement of the City's overall goals by providing research, planning, support, feedback and other assistance to its departments in the development of alternative funding sources for citywide projects. Team Structure/Protocol The Grants Team functions as a self-directed unit, operating under the auspices of the City Manager's Office. The team members conduct research, participate in training, prepare grant applications and manage grant awards. Membership consists of representatives from departments citywide, who also function as the liaison between their department and the team. The Grants Coordinator facilitates, expedites and communicates on behalf of the team. -i- Page 215 of 508 1,T2 %1 611201 / .1r2rnw Gr=(mis Repor2 Liaison Role on Grants Team • Conduct funding searches for department projects to identify appropriate funding sources • Assist with research, writing, and gathering information for proposal development • Continually update skills through grant training opportunities • Review proposals (upon department request) for quality • Communicate concerns regarding funding needs to the Grants Coordinator • Use the tools provided by the City for effective and efficient grant management • Follow Administrative Policy #01.02.13 Grants Management Policy & Procedures FY2016/2017 Grants Team Members City Clerk's Office — Queenester Nieves Finance - Mara Frederiksen Fire Department — Deputy Chief Clemons/Kathy Cline The Links Golf Course - Sam Reep Human Resource - Julie Oldbury ITS - John McNally Library - Craig Clark/Anne Watts Planning - Hanna Matras Police — Officer Jaclyn Smith Public Arts - Debby Coles-Dobay Public Works/Forestry & Grounds - Glenda Hall Recreation & Parks — Stephanie Soplop Risk Management — Julie Oldbury Grants Team Coordinator/City Manager's Office - Debbie Majors Benefits of a Grants Team • Increased communication regarding grant opportunities throughout the city • City-wide consistency in grant management • More focused approach in applying for funding (using personnel/financial resources more efficiently) • Involving departments who have had little or no history in obtaining grant funding • Flow of information to City Manager and City Commission has increased, therefore increasing awareness of staff efforts and resourcefulness • The City has made new and valuable contacts throughout the state and nation enhancing our grants management operation • We have served as a role model for many other cities and counties Departmental Grant Activity FY 2016/2017 In FY2016/2017, departments submitted 19 grant requests for funding, totaling $2,297,290 Grant application review and approval at the state and federal level can take up to one year from the date the application is submitted. During FY2016/2017, 13 grants were awarded totaling $1,289,334. -2- Page 216 of 508 1,T2 %1 611201 / .1r2rnw Gr=(mis Repor2 While the City receives some entitlement and formula funding, the majority of grants applied for are competitive. Community Development Block Grant (CDBG) and State Aid to Libraries are examples of the non-competitive funding the City receives annually. These dollars are critical to continue providing basic services to our residents. The amount of State Aid to Libraries is based on local investment in the public library. Increased investment from the City's General Funds dollars has assisted the Library to receive additional state funding. Over the past four years, the Library has seen steady increases that enable them to update technology that has provided critical services to residents. In addition to applying for grants, staff actively manages multiple grant -funded projects. This includes reporting to the granting agency, managing project or program issues and preparing for the audit. Staff is to be commended for their efforts. How has all this time and money enhanced the quality of life in Boynton Beach? What does this really mean? Library State Aid Grant funds enabled the library to: • Provide 72 hours of public technology training, including MS Word and Excel • Multiple staff training opportunities • One year subscriptions to Learning Express Database, Florida Legal Forms Database, Transparent Languages database, Freegal music download and streaming database, Zinio online magazines, and WatchGuard software to block inappropriate internet sites • Archival supplies, library materials processing supplies and youth craft supplies • 25 new Dell computers • A new Printing Station for public use • New library books and DVDs Historic Preservation • Boynton Beach Heritage Education Program: Residents and visitors can learn about our rich history through the development of an interactive website containing information on Boynton's rich black history. Focusing on the area between MLK Jr. Blvd, NE 13 Avenue, N. Federal Highway and N. Seacrest, the website provides information on aspects of black history and culture. Police A portion of the JAG funds was used to purchase SmartWater Home Coding Instant Tracer kits, which were distributed to the community as deemed needed by our Crime Prevention Unit. K-9 harnesses were purchased for the K9's. K9's work closely with officers, the harness benefits both the K9 and their partner and lastly, funding went towards overtime in video production and a media banner was purchased to use in production of educational videos as well. -3- Page 217 of 508 1,T2 %1 61120 / .1r2rnw Gr=(mis Repor2 • During last year's manatee season, the manatee funds potentially saved the lives of several manatees in our waterways by having officers on the water for extra hours educating and/or citing violators for speeding through the wake zones. • The VOCA grant allowed our agency to employ a victim advocate who assisted numerous victims throughout the year with various services. • DUI enforcement operations increased, thanks to funding from the Florida Department of Transportation. • The Bulletproof Vest program covered 50% of the cost for new ballistic vests for law enforcement officers. Recreation & Parks • The Make a Splash Program will provide free swim lessons for approximately 90 children during the 2017/2018 school year. • Children ages 5 -12 years, will be able to play together at Congress Avenue Barrier -Free Park on a new playground specifically designed for inclusion and accessibility. Grand Opening will be part of the Magic Wheels & Special Deals event in February 2018. Grants Team Activity The Grants Team uses electronic means to manage grant funded projects, doing so we effectively maintain decentralized operations while enjoying the benefits of a centralized grants management system. Generally, departments will identify needs and research appropriate grants during the City budget process. On occasion, emergency funding will become available (i.e. hurricane or other disaster funding); when this occurs the Grants Coordinator will work with departments to identify appropriate projects and coordinate efforts to develop a competitive grant application. Grant funding forecasting is integral to the budget preparation process, a summary report was prepared for the FY 2017/2018 budget review team. The summary included the project title, funding source, required City match and any associated long-term operations & maintenance expenses. FY2017/2018 TotalAnticipated a ars Award Amount 14 Grant Applications $1,906,886 Match Source Match Amount General Fund Police & Fire $82,256 -4- Page 218 of 508 1,T2 %1 611201 / .1r2rnw Gr=(mis Repor2 In addition to the proposed cash match, in-kind support from the General Fund totals $12,352 (Police Supervision for Victim Advocate position). Summary and Future Direction In FY2016/2017, the Grants Team utilized the Five Year Strategic Plan to conduct funding analysis to support identified goals and priorities. The team worked to secure funding to create an energetic downtown, to grow jobs and business opportunities and to provide great neighborhoods that are safe, affordable and livable. In FY2017/2018, the Grants Team will research funding opportunities to further the four new strategic initiatives that support and maintain the strategic results (objectives). They are: 1. Redevelop Downtown 2. Building Wealth in the Community 3. Boynton Beach Branding 4. Transportation and Mobility These initiatives for FY2017/2018 will focus and align work efforts, decisions and budget. We are fortunate to have a Grants Team in Boynton Beach who consistently researches grant opportunities, has the knowledge and experience to prepare competitive grant applications and has been provided the tools and support necessary to effectively and efficiently manage multiple grant awards. Our sincere thanks to Mayor Steven Grant, Vice Mayor Justin Katz, Commissioner Mack McCray, Commissioner Joe Casello, Commissioner Christina Romelus, City Manager, Lori LaVerriere and Assistant City Managers, Tim Howard and Colin Groff, for your support. Prepared by: Debbie Majors, Grants & ADA Coordinator Attachments: FY2016/2017 Proposed and Awarded Grants -5- Page 219 of 508 E a, O 't 0o O �.� O O d\ \O 7t M 7t O 7t N z co cl cl � LO 4- 0 0 N 0o O \O 0o O �.� O O d\ \O N M O O 7t N z co 0o O \O 0o O O O O d\ \O N M O O 7t N O O co 7t 0 LO 4- 0 0 N O N ......... ......... cli a� 0o M \O O O O oo O d\ \O N M O O 7t N O O 7t 7t O ......... ......... cli a� a C� •° 0 � V U Q V U � a 0 o Q ;+ �. UQ�v v�aa �w �wwo wH a on �..�� own bo +' +' � ° �. cl pc � l h cl O O l 2 co 0 LO 0 N N (D 0) m 0- cl s. cl N ct o 0 O ^'C O cz Cd cl cl cn Oto LJ clx H Lw c� �� zs U ° o p 4 s. ° C7 4- y ° U c O O w 0 `l OL7 _� ci~ -0 O QW Q� Qti dZa >w wd ddQ �U V] U cd P-CA�. CA N N N N cl cl cl cl i C. C. co 0 LO 0 N N (D 0) m 0- 2 U bJJ O bJJ 0 0 CA 0 U 4-� z O U C O � � O C�j CA � U U C�j O s-. U � � O C CCA o a� CA C a� > o � co O LO 4 O N N N (1) c� zs O � • o .... _.,...... ,.,......... , .. _ .,.. ... .,. Z _...-.-.-. 0 U C ...,. .... .............. o V� 00 00 O O O ..................... ,... ,........... ...,.... ,.... ,..,......... ......... ....... ., .... CC � do ° maw. 0 d CAo W o o w mow° N wa3w°'Q�a 0 cl W v N � bo O N p P U c o o �� o Axa cn w U bJJ O bJJ 0 0 CA 0 U 4-� z O U C O � � O C�j CA � U U C�j O s-. U � � O C CCA o a� CA C a� > o � co O LO 4 O N N N (1) c� 6.H. CONSENTAGENDA 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Accept the FY2016/2017 ADA Annual Update. EXPLANATION OF REQUEST: On July 21, 2015, The City of Boynton Beach Commission reaffirmed that the City would continue to work towards full compliance with the Americans with Disabilities Act (ADA) through a proclamation celebrating the 25th Anniversary of the Americans with Disabilities Act being signed into law. Annually, the Grants & ADA Coordinator provides an update; this report documents the progress made in FY2016/2017. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Full compliance with the Americans with Disabilities Act will afford people with disabilities access to City programs and services that have faced barriers in the past. Residents and visitors who are blind or have vision loss, who are Deaf or are hard of hearing, who have mobility difficulties or who have intellectual, cognitive or developmental disabilities will be able to fully access the many services and programs the City has to offer. This effort goes beyond the business, social and recreational aspects of services to include essential emergency response procedures and improved communication with law enforcement and first responders. This annual update includes the steps taken to move toward full compliance with the Americans with Disabilities Act. FISCAL IMPACT: N/A ALTERNATIVES: Not accept the report. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 223 of 508 ATTACHMENTS: Type D Staff Report Description FY2016/2017 ADA Annual Update Page 224 of 508 Page 225 of 508 FY2016/2017ADA Annual Update On July 21, 2015, the City of Boynton Beach Commission reaffirmed that the City would continue to works towards full compliance with the Americans with Disabilities Act (ADA) through a proclamation celebrating the 25th Anniversary of the Americans with Disabilities Act being signed into law. Annually, the Grants & ADA Coordinator prepares an ADA Update for the City Commission and residents. The focus for FY2016/2017 was on continued education and training of City staff and partners; offering additional inclusion opportunities in recreational programs and special events; upgrading technology for ADA compliance and continuing to make capital improvements to improve access to City facilities. This report documents the great progress made in FY2016/2017. 1. Facility Compliance Evaluation - track architectural barriers modification Public Works Director and staff. All of the capital projects identified in the ADA Self -Evaluation and Transition Plan for the removal of architectural barriers have been incorporated in the Capital Improvements Program between FY2015/2016 through 2025/2026. Capital projects are included in the annual budget review for approval by the City Commission. During fiscal year 2016-2017, an ADA refurbishment was completed at Oceanfront Park. The work completed is as follows: 1. Proper floor and wall clearance for all fixtures 2. New angled mirrors 3. New faucets 4. Handrails and dispensers mounted to the correct specifications. 2. Fund education and improvements in communication, programs & services to the public and employees. The Fire Department has received 10 Deaf Emergency Awareness Booklets, which contains basic American Sign Language (ASL) signs for police and EMS staff to use when communicating with someone who is deaf. The booklets are kept in each emergency response vehicle for the first responders, as needed. In addition, Fire & Life Rescue personnel have been trained on the signs in partnership with Gulfstream Goodwill Industries, Deaf Services Director. One Fire Fighter II is continuing to take ASL classes Page 226 of 508 and will train other personnel on basic signs and how to use the booklet. She has already used her signing skills at a traffic accident to help officers on the scene. 3. Review and Plan for Website/Technology Accessibility Compliance The City's Communications Manager, Web Design Coordinator and ADA Coordinator are working together to make the City's new website more accessible. Resources include: •www.access-borov, the website of the Architectural and Transportation Barriers Compliance Board (known as "the Access Board"), which establishes the standards used by the federal government to ensure that it's electronic and information technology is accessible to people with disabilities; •www.section , the website of the Federal Information Technology Accessibility Initiative; Phase I of the website will include several updates to reflect ADA requirements. 4. Prepare and/or Modify Policies & Procedures The Recreation & Parks Department continues to use an Individual Recreational Plan (IRP) to assist with inclusion of children and adults with disabilities in recreation programs. Similar to the Individual Educational Plan (IEP), used by the school district, the plan is created with the participant & family's input and specifically addresses each child's needs to provide equal opportunity to participate in a recreation program. Inclusion Support Team members are called upon to observe and help assess the program modifications needed for success. The ADA Coordinator reviews Department of Justice Settlement Agreements under Project Civic Access, a wide-ranging effort to ensure that counties, cities, towns, and villages comply with the ADA by eliminating physical and communication barriers that prevent people with disabilities from participating fully in community life. The Department of Justice has conducted reviews in 50 states, as well as Puerto Rico and the District of Columbia, and is posting the agreements to help additional communities come into compliance with the Act. By reviewing these settlements, we are better able to understand the actions we must take to fully comply with the Americans with Disabilities Act. Administrative Policy 01.02.15 Americans with Disabilities Act is included in the Administrative Policy Manual and is reviewed and updated annually. Page 227 of 508 The Recreation & Parks Department has incorporated sensitivity training and education on the American's with Disabilities Act in their Annual Meeting for all full and part-time employees. 5. Acquire Resources — employee contacts, service organization contacts, community partners A Community Resource List, with contacts to foundations, fraternal organizations and agencies in Palm Beach County who serve individuals with disabilities, is posted on the City Share Drive for all employees to access. The Center for Autism and Related Disabilities and the Alzheimer's Association of the Palm Beaches attended the 2017 Employee Wellness & Benefits Fair, providing employees information on their services and programs. The City renewed contracts with American Sign Language interpreter agencies for the upcoming fiscal year. In addition, employees have access to Video Remote Services (VRS) for immediate access to an interpreter at City Hall, the library and in the Police Department. Personnel in each of these departments have been trained on using the VRS service. The City's Share drive includes an ADA Compliance folder, containing 66 sub folders, with a wealth of information on anything related to the Americans with Disabilities Act. This resource is available to all City personnel. The ADA Coordinator and Recreation & Assessment Specialist regularly attend conferences and workshops throughout the county and state, to strengthen partnerships and broaden the resources available to the City. 6. Police & Emergency Management Training for police and emergency management personnel is on-going. Policies and procedures from municipalities and counties who have undergone a Project Civic Access review, from the U.S. Department of Justice for ADA compliance, are shared with City Police & Fire Chiefs for review against current policies and procedures. Emergency preparedness brochures are available at the library and through the ADA Coordinator, in large print and in braille. The City of Boynton Beach has a large population of residents who are Deaf. During Hurricane Irma, the City provided an ASL interpreter at the Emergency Operations Center (EOC), to provide effective Page 228 of 508 communication before and during the storm. Videos were shared on social media to help keep residents informed and safe. Response from the Deaf community was overwhelmingly positive. The City plans to create brief and informative pre & post emergency management videos in ASL for the residents of Boynton Beach. 7. Establish an ADA Committee & Conduct Public Outreach An outcome of the ADA Self -Evaluation & Transition Plan was to create opportunities for individuals with disabilities (and agencies that serve them) to have input in our compliance process, planning and evaluating. An Inclusion Support Team (ADA Committee) was created to assist the ADA Coordinator and the City in the following ways: • Establish a network of members, resources and services available in the community. The same network can assist in preparing a special needs registry for emergency events. • Invite individuals from the committee to assist with event planning for accessibility, assist at the event, provide post event evaluation, recommendations for future, etc. • Request and create new activities or programs for individuals with disabilities and/or the general public but with accommodations incorporated as to include anyone interested. • Provide feedback and insight regarding accommodation requests and how they were addressed by the city, as needed. • Provide feedback on annual update to ADA Transition Plan. The Inclusion Support Team was created in 2016, and has grown to 11 members: • The Arc of Palm Beach County • The Alzheimer's Association of the Palm Beaches • The Center for Autism and Related Disabilities at FAU (C.A.R.D.) • Coalition for Independent Living Options (CILO) • Congress Middle School —Autism Resource Teacher/Parent • Deaf Services at Gulfstream Goodwill Industries • Future 6 Helping Hands • Gold Coast Down Syndrome Organization • Lighthouse for the Blind of the Palm Beaches • Sea Turtle Adventures • South Tech Academy Page 229 of 508 City representatives include Human Resources/Risk Coordinator, the Recreation & Assessment Specialist and the ADA Coordinator. The Inclusion Support Team meets quarterly and is committed to support the City of Boynton Beach, as we move forward and become more inclusive and offer greater accessibility to our services, programs and activities under Title II of the ADA. Team members recently met with Assistant City manager, Colin Groff to learn about the Town Square project. The team will meet with consultants and partners to provide input on accessibility and inclusion when the project moves into Phase II. The Palm Beach County Association of the Deaf (PBCAD), requested fire safety information for their members. The Boynton Beach Fire Marshall provided a hands-on training session at Fire Station #5. Approximately 30 members attended and greatly appreciated the information presented in American Sign Language with a live interpreter, so they could fully understand and have their questions answered on the spot. Several special events and meetings held in 2017, included sign language interpreters as the Deaf community began to take greater interest in what was happening in the City. These included the International Kinetic Art Exhibit and Symposium, Police department Town Hall meetings, Town Square Public Input meetings and budget workshops. In February, the Recreation Department contracted with an artist who is deaf to provide Silent Painting Parties for the public & employees. 8. Develop City-wide ADA Training Program for Employees Employee training is a priority. New employees receive an overview of the Americans with Disabilities Act on their first day of employment with the City. This is reinforced at the quarterly New Hire Orientation. In addition, all employees are offered a series of trainings opportunities through the Inclusion Support Team. The Center for Autism and Related Disabilities (CARD) provided training for the police department in September 2017. Over the past year, several departments implemented best practices to support community inclusion, which earned the City the status of an "Autism Friendly Business". Boynton Beach is the first municipality to earn this distinction and is acknowledged on Florida Atlantic University CARD website. Deaf Services at Gulfstream Goodwill Industries also provided training for department personnel in September 2017. Understanding myths, misconceptions and the realities of hearing loss is critical to improving communication. Staff learned about Deaf Culture, Page 230 of 508 American Sign Language and how to effectively use an ASL interpreter. As a result of this training and education, employees from six departments decided to learn ASL and are currently enrolled in either basic or intermediate American Sign Language class, held in the evenings at Intracoastal Park Clubhouse. CARD and The Arc provided training to the seasonal part-time staff hired for the 2017 Summer Camp programs in the Recreation & Parks Department. This training provided strategies for inclusion of children who are on the Autism spectrum or have other developmental delays. In addition to the group trainings, several other educational and sensitivity opportunities have been provided. • Human Resources provided "Casual Fridays with a Cause" campaign, with employees donating $15/month to a charity to wear nice jeans and a shirt signifying support of the cause. Donations were given directly to the charity. The ADA Coordinator emailed employees educational information and resources regarding the cause to increase awareness. In 2017, the employees supported Autism Awareness and Alzheimer's Awareness. This campaign will continue in 2018, to increase awareness of these and other organizations, serving our community. • Alzheimer's Association held a Lunch & Learn (six workshops with various topics) at the City library. The Community Caring Center, provided brain healthy lunch options at the library cafe in support of these workshops. • There were volunteer opportunities with Future 6, Helping Hands. Employees could volunteer to help children with disabilities surf at Oceanfront Park beach, from May through September. This program will continue in 2018. Success Stories Boynton Beach becomes the First Autism Friendly City Partnerships between the City and organizations serving individuals with disabilities is important to educate staff, remove stigmas, and provide opportunities for individuals with the professional support they need to be successful in all areas of life. Boynton Beach is officially an Autism Friendly City! Page 231 of 508 The City has been designated an Autism Friendly City by the Center for Autism and Related Disabilities at Florida Atlantic University and recognized as such by Quality Cities magazine in February 2017. The City is currently working towards becoming a Deaf Friendly and Dementia Friendly City with many new initiatives. The Recreation & Parks Department, Development, The Links Golf Course and Customer Service at City Hall all followed best practices to create visual supports to better serve individuals and their family members on the Autism spectrum. Employees receive annual training on being an Autism Friendly City and how each employee can make a difference every day. The City's Art in Public Places program held, "Breaking Barriers" a public art exhibit and reception featuring Artists with Autism. Throughout the summer, the public was invited to visit the Civic Center auditorium, to view artwork by eleven artists. A reception provided the public an opportunity to meet the artists, learn about their work and to purchase art, supporting these young and talented entrepreneurs. Magic Wheels & Special Deals To celebrate inclusion and bring recognition to the Congress Avenue Barrier -Free Park, the Recreation & Parks Department created the Magic Wheels & Special Deals event in February 2017. Local micro -enterprises, owned and operated by individuals with disabilities, and those businesses who support people with disabilities, came together with their artwork, candles, chocolate, and face painting to provide fun for families at the park. In addition, the honorary starter of the Barrier -Free 5K Run/Walk & Roll received her Magic Wheelchair with the unveiling before the crowd. This event truly brings the community together like no other and is a valuable way to introduce special micro -enterprises to our residents and local business community. Emma sees her purple Camaro Magic Wheelchair for the first time! It is a replica of her late father's Camaro, which is very special to the family. On the car door is written, "Daddy's Little Girl" Page 232 of 508 Provided meaningful employment for an artist who is Deaf There are a number of challenges and barriers that exist for people who are Deaf. Workforce and business environments are changing rapidly, and require instantaneous communication in stressful environments. Many employers lack an understanding on how best to communicate with a co-worker or subordinate who is Deaf. Struggles often result in the Deaf person quitting their job or being "let go". Finding meaningful employment is difficult. Shivon, married and a mother of two young children, became ill at the age of 18 months and lost her hearing due to illness. Shivon received her certification from Art School in Minneapolis, MN and has worked with world-renowned artist Romero Britto in Miami, FL, but she struggled with obtaining meaningful employment while raising her children. She took a position working a night shift and would do odd jobs to help support her family. Shivon Jackson -Schmitz & Walter Cerasoli In February 2017, the Recreation & Parks Department contracted Shivon Jackson -Schmitz to provide Silent Painting Parties. Shivon is able to use her artistic talent and friendly nature to show how easy it really is to paint, as well as communicate with the deaf. She tells students, "Painting is a visual communication of feelings and thoughts. In my class, you will learn with your eyes and express with your hands." Students learn a little sign language too, which is always exciting! In September 2017, Shivon was nominated for the 2017 Sunrise Business Heroes Awards, sponsored by the Greater Sunrise Chamber of Commerce. This award was to honor outstanding individuals in the business community. Moral to the story... Never give up and always be willing to give someone a chance... they just might surprise you. Page 233 of 508 The focus for FY2017/2018 is on continued education and training of City staff and partners; offering additional inclusion opportunities in recreational programs and special events; and continuing to make capital improvements to improve access to City facilities. One final thought... Thank you Mayor Grant, Vice Mayor Katz, Commissioner Casello, Commissioner McCray, Commissioner Romelus, City Manager Lori LaVerriere, Assistant City Manager Tim Howard and Assistant City Manager Colin Groff, for your continued support in making our beautiful city accessible and welcoming to everyone. Debbie Majors Grants & ADA Coordinator Attachments: Inclusion Flyers/Notices Page 234 of 508 gp#t� r ' tai Safety for the Deaf Fire uua ommunity i f ' TOO= -.0 i • • � s • How to get a smoke/fire alarm that works for your disability • How to make sure my smoke/firecorrectly • • •iiiill !! 1111 r • •••• Flom FI1111111 11 M-TOT-70VTOT, ml - For • - information,please . Debbie • Grants ' ADA Coordinator' . :11 955-8771 majorsd@bbfl.us Page 235 of 508 Feb. 4 and Sun, Feb. 5 Interpreted Tours begin at 10:00 a.m. & 2:00 p.m. �Meet at the Exhibition Tent on E. Ocean Avenue & Seacrest Blvd.) r-71 FREE TO THE PUBLIJ e Tour 16 iconic kinetic artworks installations on the Avenue of the Arts. * View over 60 indoor kinetic artworks. Interact with kinetic art influenced technological innovations. e Enjoy kinetic performances. Meet international kinetic artists. Created by the Boynton Beach Arts Commission and produced by the City of Boynton Beach Art in Public Places program, the International Kinetic Art Exhibit and Symposium is a biennial event held in east Boynton Beach that is free and open to the public. For more information visit blip./fintlkineticartevent.org/ Page 236 of 508 Open to all ages & abilities! $25R/$31NR Per Class 12 x 16 canvas (AH Supplies Included) sewn -schmuz m vm [a u Nal Kidb Page 239 of 508 T' goR "Breaking Barrillers'" featuring Artists With Autism The public is invited to meet the artists and interact in their business and social skills while learning about their artwork. All artwork is available for purchase. Enjoy light refreshments while you learn about the organization, Artists With Autism. . . . .. ...... �i! , Our mission is to educate aspiring artists on the autism spectrum about business skills and social skills through the arts. We strive to reach this goal by promoting their artistic talents through the concept of micro -enterprising, provide opportunities to show and sell their art, in which to create independence, foster self- confidence, and offer encouragement and hope to their families. MEMMUMNEMSEM I .. . ... ... All Inclusive City of Boynton Beach Art in Public Places Debby Coles-Dobay, Public Art Manager at Coles Dobayl) @ bbfl. us Facebook: Boynton Beach Art in Public Places Web site: Boynton Bea chArts. org Twitter: @BoyntonArts 1 W-" 1 WON, 1 WWI, as soon as possible but no later than 5 days before the scheduled event. Page 241 of 508 �} II "k ,l��t � R � 1M5 `. � � �t i � � ,wr J � ��' y ,yR ti; ,j , � � � �,*itIII III lFill III , 1 �►) ��,.,1 } , � � �� U i i� I5 ,S t YO HO HO MATEY! Calling all scallywaggers, wenches, fairy, and mermaid fanatics! The Boynton Beach Community Redevelopment Agency (CRA) proudly announces the 6th Annual Haunted Pirate Fest & Mermaid Splash! This FREE 2 -day festival takes place on Saturday, October 21 from 11 am — 9 pm and Sunday, October 22 from 11 am — 6 pm. This lively festival will provide attendees with nonstop entertainment, as the streets come to life with 12 stages of live entertainment, music, pirate reenactments, magic shows and interactive mermaid tanks. Visitors will have the opportunity to partake in a treasure hunt, mermaid pageant, costume contest, and many other activities. The event will also feature a Schoolhouse Spooktacular presented by the Schoolhouse Children's Museum. This action packed and fun -filled event is sure to be a hit among residents of all ages. Mark your calendar and come celebrate Boynton Beach's signature event! Is the festival accessi l for guests with disabilities? Yes, reserved parking for guests with disabilities is available and ADA port -o -lets will be available at each restroom area. Sign age Interpreters Upon request, we will provide sign language for the event. Please call (561) 600-9097 or email ,F is „art s, at least one week prior to the event to request an interpreter. Due to the extensive process required to secure an interpreter, requests made after October 13, 2017 may not be accommodated. Link to the BoyntonBeach yPiratefdestwebsite ...... f........ µ.......................................... .,..,, Page 243 of 508 ;Sensifive Santa at the Boynton Beach. Mall Sun, November 26, 2017, 9:00 AM - 11:00 AM EST FREE (Sold Out) M41UNIMMERMINIMEW1 myropo Boynton Beach, FL 33426 [I] Sensitive Santa is an event for families with children who have special needs. This event will take place before the all opens on November 26 from 9am - I pa Sensitive Santa is held in partnership with Autism Speaks, the world's leading autism science and advocacy organization. Page 244 of 508 W CONSENTAGENDA 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Approve the purchase of extrication equipment for the Fire Department in the amount of $32,693 from South Florida Emergency Vehicles of Fort Myers, FL as a sole source purchase. EXPLANATION OF REQUEST. Over the last three (3) years, the Fire Department has been updating our aging hydraulic extrication systems. This purchase is the final phase of that program and will finish updating our 20-25 year old equipment to the most technologically up-to-date, reliable, and powerful equipment. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This final purchase will ensure that all Boynton Beach Fire Rescue emergency response units are best equipped to address the challenges associated with the exotic metals and other new materials used in vehicle fabrication today. A department evaluation committee selected the Holmatro Brand after an exhaustive in-house trial assessment of all the major brands on the market. The recommendation was based on the equipment's versatility, safety, rapid deployment, and ease of use. The goal is to expedite the safe extrication of victims trapped in vehicles, while reducing the risk of injury to the emergency responder. FISCAL IMPACT: Budgeted This final phase of this three (3) year program will provide the Holmatro extrication system on all of our Fire Department suppression units. This equipment is proven to be technologically more advanced than our aging hydraulic powered systems. The Holmatro systems have a longer service life and are proven to be more reliable and can be more quickly deployed during an emergency. Battery powered systems are considered much safer than their hydraulic counter parts, require less maintenance, and reduce the risk of firefighter injuries. ALTERNATIVES: At this time, we offer no alternatives to the purchase of this Holmatro equipment, as it is the last purchase in a 3 -year process to complete the update our equipment and have same equipment on all of our suppression units. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 245 of 508 Grant Amount: ATTACHMENTS: Type Addendum Addendum Addendum Addendum Description QUOTE {SLE SOURCE LETTER HOLKAATRO BROCHURE HOLKA TRO WHITE PAPER Page 246 of 508 4655 Cummins Ct. Fort Myers, FL 33905 Phone: 239-267-5300 Fax: 239-590-9246 Name / Address Boynton Beach Fire Rescue 2080 High Ridge Rd Boynton Beach, FL 33426 Ship To Quote Date Quote # 11/27/2017 Q1525 Boynton Beach Fire Rescue 2080 High Ridge Rd. Boynton Beach, FL 33426 HS # Terms Rep Valid to Date Net 30 NS 3-15-2018 Qty U/M Item Description List Price Sales Price Total Quote for Holmatro EV03 Battery Rescue System 1 EA HOL-158.052.246 GCU 5050 EVO 3 CUTTER 5.OAH 120V PKG 10,014.00 10,014.00 1 EA HOL-158.052.240 GSP 5240 EVO 3 SPREADER 5.0 AH 120V PKG 10,148.00 10,148.00 1 EA HOL-158.052.237 GRA 4331 EVO 3 RAM 5.0 AH 120V PKG 8,253.00 8,253.00 1 EA HOL-150.006.373 EXTENSION RAM 6.5" 496.00 496.00 1 EA HOL-150.006.372 EXTENSION RAM 13.8" 547.00 547.00 1 EA HOL-150.006.204 EXTENSION RAM 19.7" 627.00 627.00 1 EA HOL-158.181.016 RAM SUPPORT HRS22 NCT 541.00 541.00 1 HOL-150.182.207 BMC 2 AC/DC ADAPTER 120V AC / 28V DC 596.00 596.00 1 HOL-150.182.274 PULLING ATTACHMENT SET SP5240/50 1,029.00 1,029.00 1 HOL-150.582.152 PULLING CHAINS SET 3/8" 292.00 292.00 1 SHIPPING FREIGHT 150.00 150.00 Holmatro is Proudly Made in USA Total $32,693.00 Page 247 of 508 November 2, 2017 To Whom It May Concern: This letter is to certify in writing that as of this date, and until superseded in writing, South Florida Emergency Vehicles with its principal location at: 4655 Cummins Ct. Fort Myers, FL 33905 is the sole authorized Holmatro Sales and Factory Authorized Service Dealer for South & Central Florida, including the counties of: Brevard, Broward, Charlotte, Citrus, Collier, DeSoto, Flagler, Glades, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Levy, Manatee, Marion, Martin, Miami -Dade, Monroe, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Lucie, Sumter, Volusia Sincerely, �Ak" Ww_ 0"'r Tony Barboza National Sales Manager Holmatro, Inc. LJ A < 13ts, LAJ n 0 0- E 0 0 0 0 a) E > Eco 0 IC"I'll"'I'M M 0 J a) as- 4j 0 E MIN C', :16"D 0 c-, U0 0 W LAJ LAJ a) 0cr 0) 0 a Aftow ca 0) 0 MWn 't - ra) W 0- U -0 LAJ pw a LJ A < 13ts, Im IN N � N > O N a > > E m o N 2 O E 3 N s U 2 N O F p s O E O t/1 T s .. m a — gra m °o m a o.2 o m E o - y N N O T 0 p a O E ;? .moo ta.a raw E aa�in Ic§ li 'd�' w o y v O N fam'' 1 a� , Z NItn o 3 m u y Y @ E a °��S" � '�` O W N O O V o_ t� O 3 m E (i"«Kb.. �Rl O o � w a� 0 � .-. a E � 0 F - 124Cffi, - O t0 -O O N I m m> s C c§�"i, w ;s >f W o o.0 N aoi E -o s aa� i E O o o m Ikea c§i, ''ca c§i, Q 2 a °- 3E § \55\ CL 0§2<§ \» 7-= : \\E § / \ 2 E\) /22! -- c\) °f° � \\\\ \ \«\ � =k= L =�2»} 0 0 / \ }}E �� \`° 2_ �cw) .§ { m p )00 / \ 2 E\) /22! B � \\\\ � \«\ � =k= o )#\2 0 0 / \ � - 2_ .§ { m p )00 / \ 2 .tn,mxrae '+arramo�zr� 7.1.1111 f,12 amwew,aiaa� � 1 S 1 t r • I i' • S SS 1 {a ,r1 � I MFYi I� i !aA 1 %5 1 1 r • I 77, p13 1 %5 1 1 • I a E z E E s E s s... E E. O E n IkuikYinCbYka� �$Q`�Y�YP.MSXta �$Q`�Y�YP.MSXta �dttM@1Pb'S:a1 IkuikYi�iCbYR,AB g,g Xta �.atawaw�»� E E z E E s E E s s s s s E s E s s s s 3-� - - - - -EL i Fa&YR,AB amwew,aiaa� w�maw�n � ,mvrcr��h�d yS �Yd ASAI" Ra• s"N FhHHb Fa&YR,AB CZ1.1w`k�� aw hl llXl msqY �Fw�»»a Fa�C&YR,AB ��FanCbYR,AB ASAI' R• f,12 amwew,aiaa� w�maw�n e ,mvrc�.rm��h�d � O w w d a � Q 0 0 L' r l l S i, f c o d — a � Z e 3 _ 00 O N O O) N N N O (6 IL ¢ ¢ U a ¢ ¢ N � � c U f o ' ¢ m E E E E E E E E E E z NtN! m U a n a -----�. m . a a a a a m y o mAA •1 U ,vi4S J18 a� ¢ 0 x � a a ¢ C 0 O — U m m m >, S o 0 0 o 0 o E y +;2N hHHb i" kYi&YR,AB N N v m U 'rsawa»xa tT0 U cop F Cool xO T a la m U A O a x T y } m 5, v o n ¢ c g ( iert�-`y�Xl< U% C m m U 2'wf4h%`5S\\\W, 11.J W m m m m m m ti 1� 1•� �•fi tt' jX m r�( a C 0 O — U m m m >, S o 0 0 o 0 o E y +;2N hHHb i" kYi&YR,AB N N v m U 'rsawa»xa tT0 U cop F Cool xO T a la m U A O a x T y } m 5, v o n ¢ c g ( iert�-`y�Xl< U% C m m U 2'wf4h%`5S\\\W, 11.J W m m m m m m ti 01.13= 1.11,? W ZIxarnmx,� r V 0 C � ,M raspa,wxnl+ Vi Rc �' U aTi m ani o - Wm� H N O > w O p N C c6 m O U Li N 0 .O U 0 Q O N C O � 0 U L N E y �S O O w - ® N Q N y 0 s cc0 T O N O 0) 00 -O 4tl y O N O p — N N U C O 0 U 0 Q 0 c O 0 2 ,M raspa,wxnl+ Vi Rc �' U aTi m ani o - Wm� H U ° Q 5 y 5 a� U Li m m z � CORE OR CORDLESS ?. KEY CONSIDERATIONS WHEN PURCHASING HYDRAULIC RESCUE EQUIPMENT Until relatively recently, choosing a hydraulic rescue tool set was a pretty simple affair. The decision was usually made on only a few key considerations and the configuration was pretty standard. All involved the fundamental requirements of a cutter and spreader or a combi tool, a ram, a pump and hoses. However, in the last five years, this decision has been made harder by the rapid developments in the field of self-contained battery powered tools. Although choice is generally considered to be a positive thing, this has made the purchasing process more complex; how easy is it to make the right decision for your organization nowadays? This whitepaper will guide you through the key issues to consider when selecting new hydraulic rescue tools. Each configuration, whether CORE Technology tool -hose -pump systems or cordless, battery -powered EVO 3 tools, has its benefits and operational considerations. 3 Page 266 of 508 Holmatro CORE Technology tools have been the industry standard for more than a decade and are well established, but what about the latest generation of Holmatro cordless tools, EVO 3? On the inside, the fully protected drive unit has been completely redesigned to achieve the same high tool performance at a significantly higher speed, especially under heavy load. A quick look under the hood: Brushless motor powerful and energy efficient Powerful and extremely energy efficient motor, specially built for the application. Designed for use in hot, cold and wet weather conditions. Direct drive pump 17 E no energy loss The motor drives the pump directly, without a gear transmission in between. This eliminates mechanical energy loss and provides more usable torque to pump hydraulic fluid (read: higher flow). It also results in a lower weight and noise level. 4 1 CORE or Cordless? Electronic Speed Control (ESC) constant high speed ESC keeps the rpm of the brushless motor (and thus of the hydraulic pump) at a constant maximum level, even at high tool loads or when the battery voltage drops. This results in a continuous, optimally high tool speed. Sealed circuit board dust and moisture proof The electronics inside the tool are cast in resin and therefore fully protected against moisture and dust. In addition, EVO 3 tools have an IP54 protection rate against dust and splashing water. 5 111OLMN RO EVO 3 TOOLS OTHER BENEFITS Exact same capacity Holmatro EVO 3 tools offer exactly the same hydraulic power as CORE Technology tools that are connected to an external pump; identical cutting, spreading and ramming forces, identical EN and NFPA classifications. * No set-up time The tools are immediately deployable. The only delay in their use is the time it takes to hit the `on' button. Once the use of a tool has ceased and another tool is required, you simply pick that one up and continue working; no need to swap tools at the hose. Safer working environment The use of battery powered tools also adds to a safer working environment. No hoses mean no trip hazard, especially at night. * Less storage space The lack of a separate pump means that all of your equipment requires a smaller amount of space on your fire truck. In recent years storage space has become scarce as rescue services have taken on more skills and as a result, much more equipment. Space is at a premium. * Emission -free As you are using batteries, there is no fuel being burned. This means that there are no emissions and no fumes, offering you an operational advantage when working in confined or enclosed spaces. * In general, lower maintenance costs A full set of battery powered rescue tools (compared to a set that includes hoses and a pump) has less to be serviced. The integrated hydraulic pump in battery tools is a so-called `closed system' that does not require yearly oil replacement and spark plug replacement. Therefore, annual maintenance costs are reduced. However, there may be additional costs for battery replacement during the lifetime of a battery tool set. This depends on tool operating and battery management conditions. 6 1 CORE or Cordless? Easy battery management Batteries can easily be managed as they can be charged on your vehicle. So before you even get back to your fire department, you are ready to be deployed once more. Holmatro batteries can be replaced with very little interruption as they are immediately accessible on top of the tool. In fact, if you keep an eye on the battery level indicator you can change a battery before it is empty, while other work is being completed. This will add no time whatsoever to your rescue. Last but not least each battery offers a small reserve capacity once depleted. This means the tool can be reactivated and removed from the vehicle at all times, should that be required. All weather proof EVO 3 tools including batteries and mains power connectors meet the requirements for tool operating temperatures according to EN 13204 and NFPA 1936. The temperature range is from -20°C / -4°F to + 55°C / 131 OF. Their IP54 rating ensures they can be used in wet weather conditions, including snowfall and heavy rain showers. * Inline control handle with 360° access Centrally placed at the back of the tool, always within reach. Even in the most difficult positions and at all sides of the car. * Smart battery position The battery on top of the tool is always accessible and easy to change, even when space is limited. Page 270 of 508 Are There .An Drawbacks t; Choosing Battery t lls? Well quite simply, there are minimal disadvantages, but they should be considered: * No underwater use Self-contained battery tools cannot be used under water. Although these types of incidents are rare, they do occur and any organization should ensure they have the capability to deal with them. However, as mentioned earlier, they do have an IP54 rating which means you can use them in wet weather, but not submerged. 0 Higher weight, bigger size By design, because they have their own internal pump, oil reservoir and power source, the tools (compared to hose tools) are heavier and bigger. 111OLMN RO CORE TOOLS BENEFITS Although battery technology quickly evolves, this doesn't mean that tools with a hose and a pump are ancient history. Since the introduction in 2005 the Holmatro CORE Technology system (single hose, single coupler, tool change under flow) has turned rescue procedures safer, quicker and easier. It still has its place and offers several advantages over battery tools: Lighter, more compact and more ergonomic CORE Technology tools are lighter, more compact and more ergonomic because of the separate hydraulic pump (including motor and oil reservoir). This especially applies to Holmatro's latest 5000 Series hose tools which, compared to their predecessors, have a reduced weight and are easier to manage. This is thanks to a combination of new materials, component integration and smart design. Quicker (in general) Due to the higher oil flow created by the external pump (flow = speed), CORE Technology hose tools are quicker. However, when using a smaller pump the speed difference compared to EVO 3 battery tools may be (close to) zero. Suitable for under water use If required, a CORE Technology tool can be operated under water as it is connected to an external pump which stays on dry land. Less 'management' With an external pump that runs on gasoline or electricity, you do not need to manage batteries or think about the possible need to change them on scene. On the other hand, there are more items to check after use (tool, hose and pump) and with gasoline pumps you need to remember to refill the fuel. 9 Page 272 of 508 WHATSHOU tttt Front end performance! Since the widespread introduction of cordless tools, the focus has become more about the power source than the tool itself. Many people focus on the battery and its capacity and tool performance has somehow become a secondary consideration. It is easy to identify and discuss advantages and disadvantages of battery -powered tools versus hose tools, but it is vitally important to remember that whatever power source feeds your tool, it is the performance of the product that should be the most important factor to base your decision on. At the end of the day the purchase of a hydraulic rescue tool set is to enable you to successfully gain access to a patient and rapidly and safely deconstruct the vehicle from around them; it is about saving lives. The good thing about Holmatro rescue tools is that whatever type you choose, CORE or cordless, the front end performance is exactly the same: same forces, same high EN and NFPA scores, same optimal performance on modern vehicles. 10 1 CORE or Cordless? HOLMATRO'S EXTRAS All Holmatro rescue tools, whether powered by CORE Technology or EVO 3 Battery Technology, come with many extras for the benefit of the user: NCT blade design Whether `straight' or inclined, Holmatro NCT blades are specifically designed for modern vehicle construction. Their U -shape pulls even the strongest materials into the cutting recess, where they are cut at the highest possible force. Inclined Cutters Equipped with a 30 -degree inclined jaw, these cutters reduce physical strain when cutting vehicles at high or low levels. They also offer additional working space between tool and car which improves patient safety and prevents repeated tool repositioning. ii -Bolt Pressing the cutter and combi tool blades together directly and more tightly, this central bolt construction minimizes blade separation and maximizes cutting performance. It ensures that more of the tool's hydraulic capacity is used for cutting. LED lights High -output integrated LED lights in the carrying handle ensure you are immediately ready to work in any environment and never have to work in your own shadow, day or night. Possibility of tool conversion Most Holmatro CORE tools can be converted to cordless EVO 3 tools and vice versa. Contact your local Holmatro representative for more information. Worldwide service Thanks to Holmatro's worldwide dealer network, there is always a qualified representative nearby, ready to assist you with your purchasing questions and service requests. 12 1 CORE or Cordless? Page 275 of 508 dN yr ! l 4 _� i- jn•t CONCLUSION Like with any purchase, it is imperative that you do your homework. Firstly, consider the needs ofyour department or organization. What do you specifically require from you/ hydraulic rescue tools? In what conditions will they boused and who will 6.J. CONSENTAGENDA 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Accept fourth quarter and year end report on operations of the Schoolhouse Children's Museum and Learning Center for FY 16-17. EXPLANATION OF REQUEST: Per the City's Management Agreement with the Schoolhouse Children's Museum, the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly scheduled Commission meeting. Report Covers July 1, 2017 thru September 30, 2017. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: None ALTERNATIVES: Do not accept the report. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type r Description Schoolhouse Museum 4th Quarter Report FY 16- 17 Page 280 of 508 �rss yykg,, z, r C I nt Quarterly Report FY '16/'17 4t" Quarter General Operations The fourth quarter of the fiscal year realized a slight revenue increase over the same period last year and a decrease in expenses. Improvement occurred in a couple of areas of business operations including an increase in Membership Sales, Revenue from Non -Government Grants and Merchandise Sales. Revenue Excluding the City's support, revenue for the fourth quarter of '16/'17 increased .05% over the same period last year. While visitation income was down by .07%, likely due to Hurricane Irma, Membership Revenue was up by 15%. Total Gross revenue, for FY '16/'17 (including the City's support)— Q4 was $116,124.18 vs. $121,759.92 FY'15/'16 — Q4. Expenses Overall expenses for the fourth quarter of '16/'17 decreased by .0169% compared to the same period last year. Expenses for FY'16/'17 — Q4 were $121,892.07 vs. $123,990.11 in FY'15/'16 — Q4. Grants The Cultural Council of Palm Beach County grant funding expected in Q4 was not realized prior to the close of the fiscal year, however, was received in October of the current fiscal year. The Museum has also been awarded $13,000 grant by a private family foundation for the current fiscal year. Fiscal Year Summary Overall, fiscal year '16/'17 showed improvement over the previous year, exclusive of the City's support. While some areas of operations remained flat or decreased slightly, other areas increased. Notably, gains were made in Revenue from Non -Government Grants and Direct Public Support. Visitation remained on par with the previous fiscal year. The Museum ended the year with a deficit of $22,849.45. As stated in previous reports, this loss reflects a non-cash loss due to depreciation. Hurricane Irma negatively impacted Museum operations and income before, during and after the storm. An increase in the pursuit of grant funding is a focus for the '17-18 fiscal year. A significant focus of grant funding requests will be towards educational programs to foster greater outreach into the community. Respectfully submitted, Suzanne Ross Executive Director Page 281 of 508 6.K. CONSENTAGENDA 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Approve the one-year extension for RFPs/Bids and/ or piggy- backs for the procurement of services and/or commodities as described in the written report for January 16, 2018 - "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 formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) COMMODITY/SERVICE RFP/BID NUMBER RENEWAL TERM ELITE MEDICAL Medical director to Oversee City RFP No. 015-2210- February 3, 2018 thru SPECIALISTS, LLC Emergency Medical 14/J MA February 2, 2019 f/k/a KENNETH A. Services SCHEPPKE, M.D., RA C.A.P. GOVERNMENT; Supplemental Building City RFP No. 012-2411- February 3 , 2018 HY-BYRD, INC.; G.F.A. Inspections and Plan 16/J MA thru INTERNATIONAL Review February 2, 2019 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those solicitations, 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 solicitations to be issued. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 282 of 508 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type D Attachment D Attachment D Attachment D Attachment Description Bid Renwal E)planation - an 16, 2018 Renewal Interest- Medical Director- Scheppke Renewal Interest - Building Inspections - C,A,P, GoVt. Renewal Interest- Building Inspections- Hy - Byrd Renewal Interest - Building Inspections - G, F.A. I n1:1, Page 283 of 508 REQUESTING DEPARTMENT. FIRE -RESCUE DEPARTMENT CONTACT. Michael Landress TERM: September 3, 2018 thru September 2, 2019 SOURCE FOR PURCHASE: City RFP No. 015-2210-14/JMA ACCOUNT NUMBER: 001-2210-522-34-51 VENDOR(S): Elite Medical Specialists LLC f/k/a Kenneth A. Scheppke, M.D., P.A. ANNUAL ESTIMATED EXPENDITURE: $28,200 per year DESCRIPTION: On January 7, 2014, City Commission approved a three-year contract (Resolution No. R14-003) with Kenneth A. Scheppke, M.D., P.A., for Medical Director to Oversee Emergency Medical Services provided by Fire -Rescue and Ocean Rescue. The Medical Director develops medically correct protocols for specified procedures; develops a patient care quality assurance system; ensures and certifies that the security procedures of the EMS provider for medications, fluids and controlled substances are in compliance with applicable regulations; and he ensures that all EMTs and paramedics are trained in the use of the trauma scorecard methodologies. Dr. Scheppke also serves as the liaison between governmental regulatory agencies and other local EMS providers and hospitals. The Contract allowed for two (2) additional one-year renewal terms with the same prices, terms and conditions. On December 19, 2016, City Commission approved the first renewal option. Dr. Scheppke has agreed to renew the Contract for the second and final one-year renewal option thru 2019. This requirement will be resolicited later this year to ensure continuity of services. REQUESTING DEPARTMENT. DEVELOPMENT DEPARTMENT CONTACT. Andrew Mack TERM: February 3, 2018 to February 2, 2019 SOURCE FOR PURCHASE: RFP No. 012-2411-16/JMA ACCOUNT NUMBER: 001-2411-524-49-17 VENDOR(S): C.A.P. Government, Inc.; Hy -Byrd, Inc.; G.F.A. International ANNUAL EXPENDITURE: $350,000.00 DESCRIPTION: On February 2, 2016, City Commission approved one-year contracts (Resolution No. R16-023) with CA. P. Government as primary vendor, Hy -Byrd, Inc. as secondary vendor and G.F.A. International as tertiary vendor, and authorized the City Manager to sign Professional Services Agreements with the firms. These Contracts provide for plan review for residential and commercial building applications, review of Business Use Certificates for changes in occupancy requirements under the Florida Building Code, and inspection services for structures in which permits have been issued by the City of Boynton Beach. Further, the Contracts provide hourly costs for Building Official, Deputy Building Official, Single and Multi- Discipline Field Inspectors, Single and Multi -Discipline Plans Examiner, Business Inspector and Application Technician. By utilizing temporary personnel, the Building Department is able to increase or decrease services to service demand. The Contracts allowed for three (3) additional one-year renewal options with the same prices, terms and conditions. On January 17, 2017, City Commission approved the first one-year renewal option with all three vendors. The vendors have agreed to renew the Contracts for the second renewal option thru 2019. The City of Bounton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 January 2, 2018 Kenneth A. Scheppke, M.D., P.A. 4480 River Pines Court Tequesta, FL 33469 VIA EMAIL TRANSMITTAL TO: kscheppkeI@comcast.net RFP No. 015-2210-14/JMA FOR MEDICAL DIRECTOR TO OVERSEE EMERGENCY MEDICAL SERVICES PROVIDED BY FIRE RESCUE AND OCEAN RESCUE CURRENT CONTRACT PERIOD: FEBRUARY 3, 2017 THRU FEBRUARY 2, 2018 Dear Dr. Scheppke: The Agreement for "MEDICAL DIRECTOR TO OVERSEE EMERGENCY MEDICAL SERVICES PROVIDED BY FIRE RESCUE AND OCEAN RESCUE" will expire on February 2, 2018. This Agreement allows for one (1) final one-year renewal under the same terms and conditions. The City of Boynton Beach would like to renew this contract with your firm for an additional one-year term under the same terms and conditions. Please indicate your response on the following page and return it via email to firiesfimani(a7bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Ilyse Triestman, Purchasing Manager at (561) 742-6322. Thank you. Sincerely, Tim W. Howard Assistant City Manager - Administration Director of Financial Services cc: Michael Landress, EMS Coordinator File America's Gateway to the Gulf Stream Page 285 of 508 The City of Boynton Beach Finance/Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 RFP No. 015-2210-14/JMA FOR MEDICAL DIRECTOR TO OVERSEE EMERGENCY MEDICAL SERVICES PROVIDED BY FIRE RESCUE AND OCEAN RESCUE CONTRACT RENEWAL PERIOD: FEBRUARY 3, 2018 THRU FEBRUARY 2, 2019 X Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of February 3, 2018 thru February 2, 2019. No, I do not wish to renew the agreement for the following reason(s): KENNETH A. SCHEPPKE, M.D., P.A NAME OF COMPANY Kenneth A Scheppke, MD NAME OF REPRESENTATIVE (Please print) January 3, 2018 DATE kscheppke@comcast.net E-MAIL ADDRESS SIGNATURE President TITLE 561-436-2291 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 286 of 508 Finance/Procurement Services 200 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (551) 742-6310 FAX: (551) 742-6316 RFP No. 012-2411-16/JMA FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES CONTRACT RENEWAL PERIOD: FEBRUARY 3, 2018 THRU FEBRUARY 2, 2019 X Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of February 3, 2018 thru February 2, 2019. No, I do not wish to renew the agreement for the following reason(s).- C.A.P. GOVERNMENT, INC. NAME OF COMPANY NAME OF REPRESENTATIVE (Please print) 01103/18 SIGNATURE TITLE (305) 666-7178 DATE (AREA CODE) TELEPHONE NUMBER caponin@capfla.com America's Gateway to the Gulf Stream Page 287 of 508 The City of Boynton Beach Finance/Procurement Services 100 L Boynton Beach Boulevard P. 0, Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 RFP No. 012-2411-16/JMA FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES CONTRACT RENEWAL PERIOD: FEBRUARY 3, 2018 THRU FEBRUARY 2, 2019 r Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of February 3, 2018 thru February 2, 2019. No, I do not wish to renew the agreement for the following reason(s): HY-BYRD, INC. NAME OF COMPANY f MLG� , I ®NAME OF REPRESENTATIVE (Please print) DATE E-MAIL ADDRESS SIGNATURE TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 288 of 508 The City of Boynton Beach Finance/Procurement Services 100 L Boynton Beach Boulevard P. 0, Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 RFP No. 012-2411-16/JMA FOR SUPPLEMENTAL BUILDING INSPECTIONS AND PLAN REVIEW SERVICES CONTRACT RENEWAL PERIOD: FEBRUARY 3, 2018 THRU FEBRUARY 2, 2019 r Yes, I agree to renew the existing agreement with the same Terms and Conditions for the renewal period of February 3, 2018 thru February 2, 2019. No, I do not wish to renew the agreement for the following reason(s): HY-BYRD, INC. NAME OF COMPANY f MLG� , I ®NAME OF REPRESENTATIVE (Please print) DATE E-MAIL ADDRESS SIGNATURE TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 289 of 508 6.L. CONSENTAGENDA 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Accept the Fiscal Year 2016-2017 Budget Status Report of the General Fund and the Utilities Fund for the twelve (12) month period ended September 30, 2017 (unaudited). EXPLANATION OF REQUEST: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the twelve (12) month period ended September 30, 2017 (100% 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: Budgeted GENERALFUND The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $3.5M surplus for the period ending September 30, 2017. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $68.9M or 82% of our total $83.7M General Fund budget estimate for FY 2016- 17. Transfers from other funds (non -revenues) provide $14.8M or 18% of the total funding sources to balance our $83.7M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 38% - $ 31.6M —Property taxes less Tax Increment Financing to the CRA 2. 44% - $ 37.3M —All other revenues plus General Fund Balance 3. 18% - $ 14.8M — Transfers from other funds 100% - $ 83.7M — Total funding sources Page 290 of 508 FY 2016-17 FY 2015-16 FY 2017 vs. 2016 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 83,767 $ 83,486 100% $ 76,518 $ 77,098 101% 9.5% 8.3% &Transfers Expenditures $(83,767) $(79,980) 95% $(76,518) $(75,722) 99% 9.5% 5.6% Excess (Deficit) $ - $ 3,506 $- $ 1,376 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $3.5M surplus for the period ending September 30, 2017. Revenues & Transfers (Exhibit A) — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $68.9M or 82% of our total $83.7M General Fund budget estimate for FY 2016- 17. Transfers from other funds (non -revenues) provide $14.8M or 18% of the total funding sources to balance our $83.7M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 38% - $ 31.6M —Property taxes less Tax Increment Financing to the CRA 2. 44% - $ 37.3M —All other revenues plus General Fund Balance 3. 18% - $ 14.8M — Transfers from other funds 100% - $ 83.7M — Total funding sources Page 290 of 508 The property tax rate for FY 2016-17 is 7.9000 mills, no change from the prior year; the net property taxes of $31.6M in FY 2016-17 represent an 7.48% increase in property tax revenue or an increase of $2.2M from FY 2015-16. To balance the budget in FY 2016-17, it required transfers from other funds of $14.8M representing 18% of all funding sources. Actual Funding Sources Realized: At the end of the twelfth month in FY 2016-17, revenues and transfers realized are approximately $83AM of the budget estimate compared to $77.11M realized to date in FY 2015- 16. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $31.7M as compared to $29.6M for FY 2015-16, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 9.5% from $76.5M to $83.7M. The budget increase was due to the cost of doing business, providing funding related to wage increases, equipment and additional personnel. Actual Expenditures — General Fund expenditures for the twelfth month period ending September 30 (100% of the fiscal year) are $79.9M that is 95% of the $83.7M expenditure appropriation for FY 2016-17. 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 $79.9 or 95% of the FY 2016-17 budget. At this point in the fiscal year, FY2016-17 spending levels are $4.2M ahead of the $75.7M or 99% expended in FY 2015-16 for this same period. UTILITY FUND The FY 2016-17 annual expenditure budget of $42.24M represents a $27K increase from the FY 2015-16 budget of $42.2M. The operational forecast reflects an estimated increase of $1.2M of the fund balance for FY 2016-17. FY 2016-17 FY 2015-16 FY 2017 vs. 2016 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues $ 42,245 $ 45,087 107% $ 42,218 $ 45,283 107% 0.1% -0.4% &Transfers Expenditures $(42,245) $(41,952) 99% $(42,218) $(39,841) 94% 0.1% 5.3% Excess (Deficit) $ - $ 3,135 $ - $ 5,442 For the twelve month period in FY 2016-17, • Revenues realized are $45.OM (107%) of the annual budget estimate. • Expenditures incurred are $41.9M (99%) of the annual appropriated budget. This resulted in revenues in excess expenditures which yielded a surplus of approximately $3.1 M. Expenditures (Exhibit D) — Utility Fund FY 2016-17 expenditures to date are $41.9M or 99% of the annual appropriation compared to expenditures of $39.8M or 94% for the prior fiscal year (which excludes Page 291 of 508 depreciation and the joint ventures expenditures). ALTERNATIVES: Discuss this Budget Status Report or request clarification at the City Commission meeting. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: 30, Type D Addendum D Addendum D Addendum D Addendum Description GF Revenues Fin Rpt, period ending Sept. 30, 2017 GF Expenses Fin Rpt, period ending Sept. 30, 2017 OF Revenues Fin Rpt, period ending Sept. 30, 2017 OF Expenses Fin Rpt, period ending Sept. 30, 2017 Page 292 of 508 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30, 2017 (100% of Fiscal Year) - UNAUDITED S:AFinanceTi-cialRep orts\Monthly Financial Rep orts\FY2016-2017TBudget Review -GF- thm Sept 17 Sumniuized001 Revenue Summary Revised Page 29.3lof 508 REVENUE FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED $ 38,322,309 REALIZED $ 38,326,268 REALIZED 100% APPROVED $ 35,437,711 REALIZED 35,613,899 REALIZED 100% AD VALOREM TAXES, net LESS TIF TAXES TO CRA 6,682,137 (6,590,331) 99% 5,985,241 (5,971,583) 100% NET TAXES TO THE CITY 31,640,172 31,735,937 100% 29,452,470 29,642,316 101% LICENSES AND PERMITS BUSINESS TAXES 1,656,000 1,662,205 100% 1,545,000 1,639,756 106% BUILDING PERMITS 2,417,000 2,549,016 105% 2,154,000 2,594,914 120% FRANCHISE FEES 5,065,000 4,784,735 94% 4,830,000 4,669,059 97% OTHR LICENSES, FEES & PER 218,000 216,823 99% 180,000 221,105 123% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 85,000 45,035 53% 130,000 58,345 45% STATE SHARED REVENUES 8,674,000 8,606,650 99% 8,239,000 7,495,698 91% SHRD REV FROM OTHR LCL 310,000 236,801 76% 395,000 261,291 66% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 121,300 134,833 111% 121,300 120,133 99% CHRGS-GENERAL GOVT 459,500 492,003 107% 459,000 488,707 106% PUBLIC SAFETY 5,133,816 6,663,926 130% 4,870,949 5,314,764 109% PHYSICAL ENVIRONMENT 20,000 5,995 30% 20,000 21,398 107% CULTURE/RECREATION 415,500 449,118 108% 410,500 441,235 107% INTEREST & MISC REVENUE LIBRARY FINES 30,000 25,328 84% 30,000 25,201 84% VIOLATIONS LOCAL ORD. 720,000 575,561 80% 595,000 693,195 117% INTEREST EARNINGS 50,000 117,245 234% 50,000 127,956 256% RENTS AND ROYALTIES 368,800 413,386 112% 367,200 404,255 110% SPECIAL ASSESSMENTS 5,541,500 5,692,928 103% 5,541,500 5,680,335 103% SALE OF SURPLUS MATERIAL 2,000 2,827 141% 2,000 2,129 106% OTHER MISC. REVENUE 2,725,000 961,984 35% 233,000 303,530 130% INTERNAL FUND TRANSFERS TRANSFERS 14,842,000 14,842,000 100% 16,442,000 16,442,000 100% FUND BALANCE APPROPRIATED 3,272,149 3,272,149 100% 450,645 450,645 100% Total Revenues $ 83,766,737 $ 83,486,485 100% $ 76,518,564 77,097,967 101% S:AFinanceTi-cialRep orts\Monthly Financial Rep orts\FY2016-2017TBudget Review -GF- thm Sept 17 Sumniuized001 Revenue Summary Revised Page 29.3lof 508 S: TinanceTinancial ReportsAlonthty Financial ReportsTY2016-2017\13udget Review - GF - thm Sept 17 St-uized001 Expenditure Summary Revised Page 2.914901®f 508 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30, 2017 (100% of Fiscal Year) - UNAUDITED EXPENDITURES FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED % APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 259,706 $ 259,342 100% $ 260,692 $ 220,902 85% CITY MANAGER 730,719 727,868 100% 675,310 673,867 100% CITY HALL/GEN. ADMIN. 7,367,149 4,040,286 55% 2,441,639 2,450,095 100% MARKETING/COMMUNICATIONS 258,615 237,954 92% 234,811 225,233 96% CITY CLERK 531,665 519,297 98% 611,709 547,330 89% CITY ATTORNEY 522,411 522,292 100% 645,944 643,945 100% FINANCIAL SERVICES 1,034,767 1,020,489 99% 1,175,704 1,125,331 96% ITS 1,895,058 1,881,532 99% 1,921,828 1,842,390 96% HUMAN RESOURCES 724,830 706,466 97% 720,200 632,938 88% PUBLIC SAFETY UNIFORM SERVICES 16,758,211 16,679,514 100% 15,809,178 15,891,005 101% ADMINISTRATIVE SERVICES 3,534,348 3,495,186 99% 5,269,636 4,964,499 94% SUPPORT SERVICES 9,693,624 9,685,598 100% 8,782,483 8,759,280 100% FIRE 23,089,868 23,086,276 100% 22,767,587 22,737,532 100% COMMUNITY STANDARDS 1,871,683 1,846,868 99% 0 0 0% EMERGENCY MANAGEMENT 14,670 10,614 72% 81,914 14,384 18% BUILDING & DEVELOPMENT DEVELOPMENT 1,093,300 1,092,871 100% 1,013,150 1,015,323 100% BUILDING 1,389,088 1,383,659 100% 1,184,195 1,172,872 99% ENGINEERING 686,132 674,031 98% 716,777 702,634 98% PLANNING & ZONING 776,734 772,369 99% 757,498 750,823 99% ECONOMIC DEVELOPMENT 211,749 191,107 90% 245,731 180,991 74% PUBLIC WORKS PUBLIC WORKS 223,397 213,811 96% 235,695 235,637 100% FACILITIES MANAGEMENT 1,624,535 1,608,563 99% 1,541,462 1,457,832 95% STREETS MAINTENANCE 1,199,602 1,183,939 99% 1,100,307 1,107,421 101% LEISURE SERVICES LIBRARY 2,280,461 2,264,857 99% 2,261,401 2,246,485 99% SCHOOLHOUSE MUSEUM SERV 269,372 256,178 95% 301,653 293,682 97% RECREATION 2,905,081 2,894,023 100% 2,990,094 2,980,520 100% PARKS & GROUNDS 2,819,962 2,693,220 96% 2,771,966 2,750,582 99% CRA REIMBURSABLE & RESERVES - 31,494 0% - 98,379 0% Total Expenditures $ 83,766,737 $ 79,979,704 95% $ 76 518 564 $ 75,721,912 99% S: TinanceTinancial ReportsAlonthty Financial ReportsTY2016-2017\13udget Review - GF - thm Sept 17 St-uized001 Expenditure Summary Revised Page 2.914901®f 508 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30, 2017 (100% of Fiscal Year) - UNAUDITED S:\Finance\Financial Reports\Monthly Financial Reports\FY2016-2017\Budget Review - OF - thru Sept 17 Summariz d401 Rev Sum Page 295 of 508 REVENUES FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE APPROVED $ 20,250,000 REALIZED $ 22,353,473 REALIZED 110% APPROVED $ 19,490,000 REALIZED $ 21,441,940 REALIZED 110% WATER SALES WATER CONNECTION FEE 25,000 87,236 349% 25,000 52,495 210% WATER SERVICE CHARGE 750,000 912,035 122% 750,000 892,250 119% WTR-BACKFLOW PREVNTR TEST 10,000 17,500 175% 5,000 23,200 464% RECLAIMED WATER SALES 60,000 71,867 120% 60,000 62,642 104% SEWER SERVICE 18,500,000 18,942,967 102% 17,988,000 18,818,229 105% STORMWATER UTILITY FEE 3,800,000 3,821,860 101% 3,790,000 3,791,791 100% TELEVISE SEWER LINES 3,500 634 18% 2,500 12,857 514% FEES 15,000 6,338 42% 10,000 36,854 369% INTEREST INCOME 35,000 44,170 126% 40,000 53,327 133% SALE OF SURPLUS EQUIP. - 30,983 0% - 1,979 0% OCEAN RGE UT TAX ADM CHG 800 927 116% 800 1,007 126% BAD DEBT RECOVERIES - - 0% 500 - 0% MISCELLANEOUS INCOME 863 0% - 38,377 0% TRANSFER FROM SANITATION FUND - 0% - - 0% FUND BALANCE DECREASE (INCREASE)1,204,004 (1,204,004) 100% 56,108 56,108 100% TOTAL REVENUES $ 42 245 296 $ 45,086,849 107% $ 42,217,908 $ 45,283,056 107% S:\Finance\Financial Reports\Monthly Financial Reports\FY2016-2017\Budget Review - OF - thru Sept 17 Summariz d401 Rev Sum Page 295 of 508 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended September 30, 2017 (100% of Fiscal Year) - UNAUDITED EXPENDITURE FY 2016-17 FY 2016-17 TO DATE FY 2015-16 FY 2015-16 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED $ 1,814,027 $ 1,813,098 100% APPROVED EXPENDED $ 1,659,754 $ 1,880,751 113% WATER DISTRIBUTION PUBLIC WATER TREATMENT 5,961,748 5,931,935 99% 5,691,571 5,240,497 92% METER READING & SERVICES 1,111,186 1,111,064 100% 1,208,362 1,021,739 85 WASTEWATER COLLECTION 1,624,933 1,549,959 95% 1,720,597 1,566,871 91 WASTEWATER PUMPING STATNS 2,337,495 2,321,007 99% 2,622,842 2,570,091 98% SEWAGE TREATMENT 3,928,070 3,833,112 98% 4,405,000 4,147,533 94% WATER QUALITY 634,776 557,326 88% 662,894 591,558 89 UTILITY ADMINISTRATION 14,552,941 14,566,005 100% 14,472,294 13,960,115 96% UTILITES ENGINEERING 1,481,747 1,481,513 100% 1,150,746 1,279,502 111 STORMWATER MAINTENANCE 1,008,364 1,007,641 100% 978,291 987,249 101 CUSTOMER RELATIONS 1,369,521 1,359,251 99% 1,562,822 1,408,986 90% DEBT SERVICE 6,420,488 6,419,624 100% 6,082,735 5,187,003 85 Total Expenditures $ 42,245,296 $ 41,951,535 99% $ 42,217,908 $ 39,841,895 94% S:\Finance\Financial Reports\Monthly Financial Reports\FY2016-2017\Budget Review - OF - thru Sept 17 Summariz d401 Exp Sum Page 296 of 508 6.M. CONSENTAGENDA 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Legal Expenses -December 2017- Information at the request of the City Commission. No action required. EXPLANATION OF REQUEST. Outside counsel has not provided all December 2017 statements to Risk Management and therefore some November 2017 (most recent) invoices are available. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 297 of 508 ATTACHMENTS: Type D Attachment D Attachment D Attachment Description Summary Goren Cherof General Dec Goren Cherof Doody & Ezrol December 2017 1 nvoices Summary Goren Cherof Risk Dec Goren Cherof Doody & Ezrol December 2017 Risk Litigation Invoices Summary Outside Counsel Risk Dec Outside counsel Nov and Dec 2017 Invoices Page 298 of 508 Goren, Cherof, Doody & Ezrol, P.A. - December 2017 General Legal Costs Retainer -General Matters onsite office hours agenda item review pre-mtg commissioner mtgs commission mtg followup commission mtg contract review, code issues group homes, NOI research 88.3 Hours 17,500.00 Labor -general 2,237.45 Red light camera 1,051.10 Special Fire Assessment 0.00 Unsecured Creditors of Tribune 0.00 Exec Est of BB Homeowners(Dwork, Jonathan) 0.00 Litigation 4,264.00 Model Block Right of Way 61.50 BB adv Bock, Sharon (Leisureville) 0.00 Olen Properties Corp 82.00 Boynton Old School Partnership 123.00 Mulheisen, William (Arbitration) 246.00 711 No Fed Hwy property matters 102.50 Deutsche Bank Natl Trust (Perlowitz, David) 0.00 Predelus, Love (HUD Complaint) 0.00 Bank of NY Mellon (White,Jack) 41.00 Po Ying Sem, Trustee (Stanley, Edmund) 0.00 Solano, Yuly and Baluja, Aryana 0.00 Sale to Habitat for Humanity 187.19 Secured Holdings 41.00 Seminole Lakes Homeowners 41.00 Town Square 6,801.35 Prime Property of PB (Peterson, Steven) 102.50 HUD Housing Discrimination 0.00 US Bank Trust (Luoto, Kaija) 102.50 Riverwalk Development Agt 287.00 Bank of NY Mellon (Henry, Ivey) 41.00 FNMA (Dysch, Jeremy) 433.65 Sale to Bumgardner (Vacant Lot 24th) 349.60 BB Faith Based CDC 94.33 US Bank (Maxi, Kinson & Noncent,0uze) 61.50 Y.S. (Confidential) 1,783.85 TOTAL General Legal Costs -December 2017 36,035.02 Page 299 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson LABOR - General ACCOUNT NO STATEMENT NO 12/04/2017 SHB Follow up with Oldbury re Rodney Ellis matters. 0.30 12/05/2017 SHB Receive and review Ellis resignation letter and proposed response; follow up with Oldbury. 0.30 SHB Telephone conference with Hawkins re: Palm Beach County and FDOT permits to install cameras in County right-of-way. 0.30 12/06/2017 SHB Various correspondence re: former employee Steve Evans. Telephone conference with Oldbury re: various pending employee matters. 1.00 12/08/2017 SHB Receive and review Hester Center investigation summary; transmit comments to Oldbury. 1.50 12/13/2017 SHB Receive and review proposed correspondence to PBA re: Prince and Melo. Discuss with JAC. Follow up with Oldbury. Follow up with Oldbury re: Jermaine Jones discipline. Telephone conference with Oldbury. Receive and review public records request documents from Biazar re: Firefighter Robert Kruse. Review applicable regulations and court pleadings; follow up with Biazar. 2.30 12/14/2017 SHB Discuss Prince discipline matters and police chief transition with Oldbury. Review and revise draft correspondence. 0.60 12/18/2017 SHB Various correspondence with Biazar and Miner re: HR/subpoena matters. Various telephone conferences with Oldbury re: subpoena and public records request matters. Receive and review fire investigation documents; follow up with Oldbury. 4.50 FOR CURRENT SERVICES RENDERED 10.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 10.80 $205.00 $2,214.00 Page: 1 01/03/2018 306-0603180 18309 1,114.UU Page 300 of 508 CITY OF BOYNTON BEACH LABOR - General Photocopies TOTAL EXPENSES THRU 12/31/2017 TOTAL CURRENT WORK BALANCE DUE Page: 2 01/03/2018 ACCOUNT NO: 306-0603180 STATEMENT NO: 18309 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 23.45 23.45 2,237.45 $2,237.45 Page 301 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Red Light Cameras 12/06/2017 SHB Receive and review Simmons Motion to Continue. Transmit to BBPD officers for review. ACCOUNT NO STATEMENT NO 12/07/2017 SHB Prepare and file notices of intent to rely on business records for use at trial 12/11/2017 SHB Receive and review court orders on Stuart, Rozefort, Pico, and Cox. Transmit to BBPD for review. 12/12/2017 SHB Various correspondence with Abramson re: pending cases and $50 settlement payments. 12/13/2017 SHB Various correspondence with Abramson re: $50 payments; receive and review correspondence containing payments. Transmit to Boynton for processing. 12/14/2017 JAC Review program status and stats; review draft agreement re: LPR add on. SHB Receive and review $50 settlement payments from Abramson. Correspondence to Abramson re: unsigned money order. 12/15/2017 SHB Prepare and file notices of intent to rely on business records for use at trial 12/20/2017 SHB Receive and review notices from Jacquet re: case continuances; advise BBPD of continuation procedure. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE JAMES A. CHEROF 1.40 $205.00 SHANA H. BRIDGEMAN 3.70 205.00 Color photocopies Photocopies TOTAL EXPENSES THRU 12/31/2017 HOURS 0.10 0.50 0.30 0.40 Page: 1 01/03/2018 306-0806020 18310 0.70 1.40 0.60 0.50 0.60 5.10 1,045.50 TOTAL $287.00 758.50 3.15 2.45 5.60 Page 302 of 508 CITY OF BOYNTON BEACH Red Light Cameras TOTAL CURRENT WORK BALANCE DUE Page: 2 01/03/2018 ACCOUNT NO: 306-0806020 STATEMENT NO: 18310 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,051.10 $1,051.10 Page 303 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson General Matters 12/01/2017 DNT Review and revise FPL easement for service center. DNT Review process for abandonment of alleyway. JAC Review agenda and prepare for meeting. ACCOUNT NO STATEMENT NO 12/04/2017 JAC Onsite; attend staff meeting; conference with Commissioners; preparation re: dogs on beach and sanctuary city issues; review pending issues; prepare for agenda. SHB Telephone conference with LaVerriere re: FAU fire department ride along agreementl; follow up with City staff. Litigation report - Discuss Parker v. City of Boynton Beach (red light) case status with SSG, MDC, BJS. 12/05/2017 SHB Discuss Fire/FAU ride along agreement with Chief Joseph. Follow up with Rumpf re: reasonable accommodation agreement. JAC Onsite; prepare for and attend Commission meeting; conference with HM re: rezoning issues and map; review walk on item from future agenda section of agenda; prepare for sanctuary city discussion. 12/06/2017 JAC Meeting follow up; review public records issue; review P&D Board "non -vote" issue and discussion with FN. SHB Code Special Magistrate contract: Search Florida Bar website for local government attorneys to send RFQ for services; discuss with JAC and MDC. 12/07/2017 FLN Reviewed correspondence from Planning Admnin to Jim Cherof re: P&B "no recommendation action"; handled relevant research on this item to follow up on with Jim prior to advising city staff. JAC Review OHS appeal outcome; review pending assignments and Assistant City Attorney matters; review case pleadings. 12/08/2017 DNT Review unity of title re: Andcar properties. JAC Review and reply to IT re: order of signatures; prepare for weekly meetings; review CRAB issues and call with LL re: board member removal. SHB Follow up with JAC and MDC re: request for quotes for Code Enforcement Magistrate. HOURS 0.40 0.40 1.20 7.20 0.80 0.60 10.50 2.20 1.00 1.90 2.20 0.40 3.20 0.30 Page: 1 01/03/2018 306-9001821 18311 Page 304 of 508 Page: 2 CITY OF BOYNTON BEACH 01/03/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 18311 General Matters 12/11/2017 SHB Fire - receive and review ride -time agreements with Palm Beach State College and the Health Career Institute (HCI). Revise FAU ride time agreement and transmit to Chief Joseph for review. Various correspondence with Chief Joseph. JAC Onsite office hours and administrative issues; misc. research re: pending staff issues; revise front end loader I.T.B. 12/12/2017 JAC Review agenda items; review Assistant City Attorney assignments and case statuses. 12/13/2017 SHB Code Magistrate - various correspondence with City re: request for quotes. BBPD Gun range - review additional comments from BBPD; revise agreement and transmit to BBPD for review. JAC Review - revise and prepare agenda items; review tort defense trial settings and trial prep issue. DNT Review east ocean tolling request. 12/14/2017 MDC Review procurement inquiry emails. JAC Review Arts Commission issues; review other agency "background search" policies re: Board Members; agenda preparation; conference with attorneys re: litigation - foreclosures. 12/15/2017 JAC Review agenda item; follow up re: procurement issues; research re: ATS camera issues. 12/18/2017 SHB Telephone conference with Mack re: chronic nuisance matters. Review and revise courtesy letter' follow up with Mack. JAC Onsite; review and preparation for meeting; attend staff meeting; review and research regarding plat language and setback issue. 12/19/2017 SHB Discuss commission agenda items with JAC, Review FAU Ride Time agenda item; follow up with Swanson re: corrections. Research re: social security disclosure matters; discuss with JAC. Follow up with Oldbury re: subpoena and PRR matters. FLN Finalized review of Pelican Point condominium assn matter/MOU with City re: to staffs request for letter draft for breach of MOU; continued research re: to robert rule requirements with regards to P&D "no recommendation" decision to City commission on matter. JAC Onsite; review pending department issues; review attorney assignments; prepare for and attend Commission meeting. 12/20/2017 SHB Research re: "resident" requirements for cemetery plots; follow up with Pyle. JAC Review High Ridge issue and arts fee; agenda preparation; review Lot 52 issues and plat. 12/21/2017 SHB Code: Review proposed changes to property registration ordinance. to JAC for review. JAC Review Town Square logo issue; prepare agenda items. 12/22/2017 JAC Review pending assignments and non -tort cases/status. 1.50 6.20 3.60 2.50 3.20 0.40 0.20 c1:1i 2.00 0.70 3.50 2.00 9.50 1.00 2.20 0.30 1.20 1.70 Page 305 of 508 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO General Matters 12/26/2017 JAC Agenda review; review procurement matters and agreement extension. 12/27/2017 JAC Onsite; agenda review; office administration issues; review procurement requests; revise Gallagher addendum; review tort defense 2018 calendar - trial settings. 12/28/2017 JAC Review agenda and prepare for meeting; review pending litigation and hearing calendar issue. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 3 01/03/2018 306-9001821 18311 HOURS 2.00 4.00 2.20 88.30 17,500.00 17,500.00 $17,500.00 Page 306 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Olen Properties Corp., et al 12/19/2017 JAC Review litigation status. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.40 0.40 RECAPITULATION HOURS HOURLY RATE TOTAL 0.40 $205.00 $82.00 Page: 1 01/03/2018 306-9904936 18312 82.00 82.00 $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 307 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Boynton Old School Partnership, LLC 12/07/2017 MDC Review 4th DCA order; phone conference with JAC; update City Commission and City Manager on decision of 4th DCA. FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.60 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/03/2018 306-9904945 18313 HOURS 0.60 0.60 123.00 TOTAL $123.00 123.00 $123.00 Page 308 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Litigation Miscellaneous ACCOUNT NO STATEMENT NO HOURS 12/04/2017 BJS Review new forfeiture matters re: McCray 0.30 TAD Receipt and review of correspondence from City re: claim and claim letter. Telephone conference with claimant counsel re information on claim. 0.30 12/06/2017 BJS Teleconference call with Scott Harris 0.30 BJS Teleconference with Scott Harris re: Forfeitures/legal concerns 0.30 TAD Receipt and review of correspondence re claim letter. Prepare correspondence to City re: same. 0.20 12/07/2017 BJS Review forfeiture files for legal sufficiency, review police reports with follow up legal research. Draft update correspondence to Scott Harris. 1.00 TAD Receipt and review of correspondence re: proposed agreement. Review agreement. Prepare correspondence to City re: same. 0.80 12/08/2017 TAD Telephone conference with City re: agreement terms. 0.20 12/11/2017 TAD Prepare correspondence to City re: press release issue and receipt of response to same. 0.30 12/12/2017 TAD Prepare draft release agreement. Telephone conference with City re: meeting with TPA. Review information on claims and prepare outline of issues for meeting. 1.30 FLN Reviewed Continuing Writ of Garnishment - Moyse inquiry from Lynn Swanson/City staff; reviewed court documents, handled T/C to Plaintiff's attorney's office re: this matter; exchanged emails with Lynn re: additional information from HR needed to file answer on behalf of City re: this matter; Re: US Dollar LIBOR based settlement with Barclays bankruptcy, exchanged email on finance status review with Tim Howard; reviewed events agreements with Maximum Bands received from Mary DeGraffrenreift, T/C and related email to Mary re: terms of the agreement. 2.00 Page: 1 01/03/2018 306-9904950 18314 12/13/2017 TAD Telephone conference with counsel re: Darville claim. Meet with City re: status of pending litigation and offers. 3.20 12/14/2017 BJS Review pending forfeiture matters and follow up with Scott Harris 1.00 TAD Review claims files re: police practices claims and status for meeting with adjuster and City. Prepare outline of issues for discussion re: claims handling. 1.30 Page 309 of 508 Page: 2 CITY OF BOYNTON BEACH 01/03/2018 ACCOUNT NO: 306-9904950 STATEMENT NO: 18314 Litigation Miscellaneous HOURS FLN Drafted answer to continuing writ of garnishment re: employee Roseline Moyse; drafted proposed language re: to required deposit in City's agmt with Maximum Bands. 3.10 12/15/2017 TAD Attend meeting with City and TPA re: claims matters. Receipt of correspondence re: claims outline. Telephone conference with City re: claims handling. 1.40 12/18/2017 FLN Re: Continuing Writ of Garnishment (Roseline Moyse); communicated with Sherry Miller in HR via T/C and email re: updates on leave status of employee; exchanged relevant emails with Lynn Swanson, revised answer and efiled Answer on behalf of City of Boynton Beach. 0.80 12/19/2017 BJS Review forfeiture correspondence and draft follow up response 0.30 12/20/2017 TAD Receipt and review of claim letters for three claimants re: vehicle accident. Review reports provided. Prepare correspondence to City re: incident. 0.90 12/21/2017 TAD Receipt and review of correspondence re: preservation of records. Receipt of correspondence re: property damage claim (Astro) and information provided. Review claim information provided. Receipt of claim letter re: MVA and report information. Receipt of correspondence from police department re: records from incident. 0.90 12/22/2017 TAD Receipt of correspondence re: service instructions. Review instructions re: meeting with City to revise same. 0.50 12/26/2017 FLN Re: Midland Funding LLC/Roseline Moyse garnishment matter, reviewed Second Notice to Defendant filed by Plaintiff and reviewed relevant sections of FI statutes to ensure no additional action is required on behalf of the City. 0.40 FOR CURRENT SERVICES RENDERED 20.80 TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 3.20 $205.00 $656.00 TRACEY A. DECARLO 11.30 205.00 2,316.50 FARAH L. NERETTE 6.30 205.00 1,291.50 TOTAL CURRENT WORK BALANCE DUE 4,264.00 4,264.00 $4,264.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 310 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson City of Boynton Beach Model Block Right of Way Acquisition 12/04/2017 KLE Email follow up to Andrew and Chris re: status of Lot 5 dedication. FOR CURRENT SERVICES RENDERED TIMEKEEPER KERRY L. EZROL TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.30 0.30 RECAPITULATION HOURS HOURLY RATE TOTAL 0.30 $205.00 $61.50 Page: 1 01/03/2018 306-9905018 18315 61.50 61.50 $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 311 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. The Bank of New York Mellon Trust Company, N.A. (White, Jack) 12/06/2017 FLN Reviewed Court's Order granting leave until 1/1/18 to Defendant Jack White to amend answer and affirmative defenses; reviewed Defendant Counsel's (David Merrill) motion to withdraw as counsel for Defendant. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/03/2018 306-9905188 18316 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 312 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Secured Holdings, Inc. 12/19/2017 JAC Review litigation status. FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.20 0.20 RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $205.00 $41.00 Page: 1 01/03/2018 306-9905206 18317 41.00 41.00 $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 313 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Seminole Lakes Homeowners Association, Inc. (I1-14 Property Florida, LP a Delaware Limited Partnership) 12/08/2017 SCW Review clerk's system. Review Notice of Voluntary Dismissal. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHARI C. WALLEN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO HOURS 0.20 0.20 RECAPITULATION HOURS HOURLY RATE TOTAL 0.20 $205.00 $41.00 Page: 1 01/03/2018 306-9905251 18318 41.00 41.00 $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 314 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Town Square Development ACCOUNT NO STATEMENT NO 12/11/2017 JAC Conference with DJD, LL, TH & CG re: status and process. 2.00 DJD Review documentation ; participate in conference call with City Staff; exchange of emails. 2.60 12/12/2017 JAC Conference with DJD re: status and bond issuance issues. 0.40 DJD Continued review of documents and emails; telephone conference with Mark Hefferin of C2 Holdings. 2.70 Page: 1 01/03/2018 306-9905263 18319 12/14/2017 DJD Review appraisals and Phase I environmental. HOURS 12/01/2017 DJD Telephone conference with Stephen J. Grave De Peralta, Esquire; review 0.80 12/19/2017 SHB proposed for tax credits. 1.30 JAC Preparation re: revised funding issues and CRA; conference with DJD re: same. 0.70 12/05/2017 DJD initial review of proposed purchase and sale agreement and proposed parking agreement. 1.60 12/06/2017 DJD Continuation of review of documents; attend meeting with City Staff at JKM. 4.20 JAC Conference with DJD re: status and checklist for documents - financing. 1.00 12/07/2017 DJD Analysis of required documentation 1.60 12/08/2017 DJD process title order. 1.20 JAC Review status - conference with DJD re: surveys - title and TEFRA. 1.20 12/11/2017 JAC Conference with DJD, LL, TH & CG re: status and process. 2.00 DJD Review documentation ; participate in conference call with City Staff; exchange of emails. 2.60 12/12/2017 JAC Conference with DJD re: status and bond issuance issues. 0.40 DJD Continued review of documents and emails; telephone conference with Mark Hefferin of C2 Holdings. 2.70 Page: 1 01/03/2018 306-9905263 18319 12/14/2017 DJD Review appraisals and Phase I environmental. 1.60 12/15/2017 DJD Review of survey; telephone conference with Bob Buggee. 0.80 12/19/2017 SHB Review Agreement re: logo provisions. 0.60 DJD Review documentation from Colin Groff; review proposed Parking License; Development Agreement and Purchase and Sale Agreement. 2.40 12/21/2017 SHB Draft addendum to agreement re:: logo provisions. Discuss with Krusell. Transmit draft Addendum to Krusell for review. 2.10 DJD continued review of developers agreement, parking license agreement and purchase and sale agreement. 2.30 12/22/2017 DJD Additional review of purchase and sale agreement. 1.20 Page 315 of 508 Page: 2 CITY OF BOYNTON BEACH 01/03/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 18319 Town Square Development �� 12/26/2017 DJD Continued review of documents related to apartment development. 1.30 FOR CURRENT SERVICES RENDERED 32.80 6,724.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 5.30 $205.00 $1,086.50 D.J. DOODY 24.80 205.00 5,084.00 SHANA H. BRIDGEMAN 2.70 205.00 553.50 Photocopies 77.35 TOTAL EXPENSES THRU 12/31/2017 77.35 TOTAL CURRENT WORK 6,801.35 BALANCE DUE $6,801.35 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 316 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. U.S. Bank National Association (Maxi, Kinson & Noncent, Ouze) ACCOUNT NO STATEMENT NO 12/06/2017 FLN Reviewed case file to confirm City's position and Court's order setting non jury trial. 12/21/2017 FLN Reviewed Notice of Mailing of Trial Order. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE FARAH L. NERETTE 0.30 $205.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/03/2018 306-9905269 18320 HOURS 0.20 0.10 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 317 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Prime Property of the Palm Beaches, Inc. (Peterson, Steven & Pamela) 12/08/2017 FLN Reviewed Final Judgment, Certificate of Sale, Title and Disbursement; reviewed city's filed pleadings re: hard costs and city's position after completion of foreclosure. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO STATEMENT NO RECAPITULATION HOURS HOURLY RATE 0.50 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/03/2018 306-9905270 18321 HOURS 0.50 0.50 102.50 TOTAL $102.50 102.50 $102.50 Page 318 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. U.S. Bank Trust, N.A. (Luoto, Kaija) ACCOUNT NO STATEMENT NO 12/06/2017 FLN Reviewed Plaintiffs Amended Witness and Exhibit List; reviewed case file; Reviewed Plaintiff's Counsel Attorneys Fee affidavit. 12/08/2017 FLN Reviewed PI's Notice of Service of Trial Order; List of Evidence and Notice of Intent to offer at trial; Plaintiff's Witness and Exhibit List. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.50 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/03/2018 306-9905271 18322 HOURS 0.30 0.20 0.50 102.50 TOTAL $102.50 102.50 $102.50 Page 319 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Riverwalk Development Agreements ACCOUNT NO STATEMENT NO 12/06/2017 DNT Review easement for public access to waterfront and transmit to client. 12/07/2017 DNT Review easement for public access to waterfront and transmit to client. 12/19/2017 DNT Dictate and revise emails re: dates for access to public easement. FOR CURRENT SERVICES RENDERED TIMEKEEPER DAVID N. TOLCES TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.40 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/03/2018 306-9905283 18323 HOURS 0.50 0.50 0.40 1.40 287.00 TOTAL $287.00 287.00 $287.00 Page 320 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. The Bank of New York Mellon F/K/A The Bank of NY (Henry, Ivey A/K/A Henry, Ivey Y.) 12/21/2017 FLN Reviewed Notice of Hearing on Defendant's Motion for extension of time set for Jan 23. 2018; reviewed file records. FOR CURRENT SERVICES RENDERED TIMEKEEPER FARAH L. NERETTE TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/03/2018 306-9905286 18324 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 321 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 01/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905291 Boynton Beach FL 33425 STATEMENT NO: 18325 Attn: Lynn Swanson Sale to BB Faith -Based Community Development Corp. NW 13 Avenue Photocopies 1.75 TOTAL EXPENSES THRU 12/31/2017 1.75 11/27/2017 Federal Express - Invoice 6-038-09592 17.58 17.58 TOTAL ADVANCES THRU 12/31/2017 17.58 TOTAL CURRENT WORK 94.33 BALANCE DUE $94.33 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 322 of 508 HOURS 12/11/2017 KL Send email to paralegal Denise Waites regarding the status closing; send email to Community Improvement Manager advising status of closing and forward email from purchaser's counsel that debris is still on the property 0.30 12/12/2017 KL Receipt of executed Closing Statement; send email to Octavia Sherrod, Community Improvement Manager attaching copy of executed Closing Statement 0.30 FOR CURRENT SERVICES RENDERED 0.60 75.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KIMBERLY LONGO 0.60 $125.00 $75.00 Photocopies 1.75 TOTAL EXPENSES THRU 12/31/2017 1.75 11/27/2017 Federal Express - Invoice 6-038-09592 17.58 17.58 TOTAL ADVANCES THRU 12/31/2017 17.58 TOTAL CURRENT WORK 94.33 BALANCE DUE $94.33 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 322 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 01/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905292 Boynton Beach FL 33425 STATEMENT NO: 18326 Attn: Lynn Swanson Sale to Habitat for Humanity of SPB County, Inc. 1118 NE 2 St, 1114 NE 2 St, NE 11 Ave and NE 12 Ave Photocopies 9.80 TOTAL EXPENSES THRU 12/31/2017 9.80 12/06/2017 Federal Express - Invoice 6-038-09592 14.89 14.89 TOTAL ADVANCES THRU 12/31/2017 14.89 TOTAL CURRENT WORK 187.19 BALANCE DUE $187.19 Page 323 of 508 HOURS 12/06/2017 KL Receipt of executed Seller's documents and Closing Statement send email to paralegal Charles Heartsfield advising that we will be sending him the executed documents via overnight; prepare document escrow letter to Paralegal Charles Heartsfield. 0.40 12/08/2017 KL Receipt of fully executed Closing Statement; send email to Ms. Heartsfield requesting that the Property addresses be placed onto the Closing Statement . 0.40 12/11/2017 KL Receipt of original executed Closing Statement and seller proceeds check; send email to Octavia Sherrod attaching the fully executed Closing Statement and advising that the transaction closed; prepare letter to Ms. Sherrod attaching Closing Statement and check. 0.50 FOR CURRENT SERVICES RENDERED 1.30 162.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KIMBERLY LONGO 1.30 $125.00 $162.50 Photocopies 9.80 TOTAL EXPENSES THRU 12/31/2017 9.80 12/06/2017 Federal Express - Invoice 6-038-09592 14.89 14.89 TOTAL ADVANCES THRU 12/31/2017 14.89 TOTAL CURRENT WORK 187.19 BALANCE DUE $187.19 Page 323 of 508 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Y.S. (Confidential) 12/01/2017 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 ACCOUNT NO STATEMENT NO HOURS MDC Miscellaneous review of issues with JAC, SHB re: release of public records. 0.70 SHB Discuss public records matters with MDC and JAC; additional research re: victim redactions. Telephone conference with Slater re: pending public records requests. Telephone conference with Lee Levenson to advise video is available and will be released to media pursuant to public records request. Correspondence to Levenson advising City is not in possession of autopsy and medical examiner's report. Telephone conference with son of Michael Demarco to advise video is available and will be released to media pursuant to public records request. Telephone conference with ex-wife of Michael Demarco to advise video is available and will be released to media pursuant to public records request. Telephone conference with Cathy Kozol at PBSO re: PBSO's stance on ability to release video. Advise Kozol that video will be released to Levenson and to media pursuant to public records request. Telephone conference with Michael Salnick, counsel for family of Michael Demarco, to advise video is available and will be released to media pursuant to public records request. Update Commission, City Manager, and Chief of Police re: status of public records requests and release of video to media. Follow up with Slater to confirm redactions for law enforcement addresses. Various correspondence with Lee Levenson. Telephone conference with Burdelski re: Levenson questions about video quality; discuss with JAC. Follow up with Slater. Telephone conference with Slater to confirm all available information has been provided to requestors pursuant to public records requests. Monitor and review media publications regarding this matter; discuss with JAC and MDC. 8.00 FOR CURRENT SERVICES RENDERED 8.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.70 $205.00 $143.50 SHANA H. BRIDGEMAN 8.00 205.00 1,640.00 Page: 1 01/03/2018 306-9905293 18327 1,783.50 Page 324 of 508 CITY OF BOYNTON BEACH adv. Y.S. (Confidential) Photocopies TOTAL EXPENSES THRU 12/31/2017 TOTAL CURRENT WORK BALANCE DUE Page: 2 01/03/2018 ACCOUNT NO: 306-9905293 STATEMENT NO: 18327 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 0.35 0.35 1,783.85 $1,783.85 Page 325 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Federal National Mortage Assoc. ("FANNIE MAE")(Dysch, Jeremy A/K/A Dysch Jeremy H) ACCOUNT NO STATEMENT NO HOURS 12/01/2017 FLN Reviewed file documents, drafted answer and affirmative defenses to be filed by 12/4/2017. 1.50 12/04/2017 FLN Finalized revisions to answer draft ahead of efiling approval. 12/12/2017 FLN Reviewed file documents and City of West Palm Beach's answer. 12/21/2017 FLN Reviewed Answer and Affirmative Defenses filed by defendant/property owner Jeremy Dysch. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE FARAH L. NERETTE 2.10 $205.00 Photocopies TOTAL EXPENSES THRU 12/31/2017 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/03/2018 306-9905296 18328 0.20 0.20 0.20 2.10 430.50 TOTAL $430.50 3.15 3.15 433.65 $433.65 Page 326 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson Sale to Bumgardner, Britney (Vacant Lot at the end of SW 24th Avenue) ACCOUNT NO STATEMENT NO 12/08/2017 KL Revise Real Estate Purchase and Sale Agreement; send email to Andrew Mack attaching the Agreement for review. DNT Review and revise purchase and sale agreement with Brittany Bumgardner. 12/11/2017 DNT Review and revise purchase and sale agreement based on comments from Andrew Mack. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE DAVID N. TOLCES 1.40 $205.00 KIMBERLY LONGO 0.40 125.00 Photocopies TOTAL EXPENSES THRU 12/31/2017 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/03/2018 306-9905299 18329 HOURS 0.40 0.80 0.60 1.80 337.00 TOTAL $287.00 50.00 12.60 12.60 349.60 $349.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 327 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 01/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905300 Boynton Beach FL 33425 STATEMENT NO: 18330 Attn: Lynn Swanson Mulheisen, William (Arbitration) HOURS 12/07/2017 SHB Discuss arbitration matters with JAC. Contact PBA to schedule panel striking. 0.60 12/08/2017 SHB Various correspondence with Laverriere, Oldbury, and Lawrenson re: Mulheisen arbitration. 0.60 FOR CURRENT SERVICES RENDERED 1.20 246.00 TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 1.20 $205.00 $246.00 246.00 $246.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 328 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson 711 North Federal Highway Property Matters 12/06/2017 DNT Review abandonment status for 20' alley west of 711 N Federal Highway; telephone conference call with Ken Dodge re: status of alley abandonment. FOR CURRENT SERVICES RENDERED TIMEKEEPER DAVID N. TOLCES TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.50 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/03/2018 306-9905298 18352 HOURS 0.50 0.50 102.50 TOTAL $102.50 102.50 $102.50 Page 329 of 508 Goren, Cherof, Doody & Ezrol, P.A. - December 2017 Risk Cases Jean -Baptist, Kevens 682.10 Kimsey, Erin (MVA) 0.00 Ford, Sharron(Negligence arrest) 37.50 Andrews, Spencer, v Haugh, Vincent (BBPD Emp) 61.50 Mina, German (Slip & Fall) 4,827.50 Gregory, Mola (Slip & Fall) 5,508.55 Oldham, Dana (fall) 328.00 Robinson, Bennie(False Arrest) 3,044.00 Galindez, Dennis(Slip & Fall) 5,377.40 Caliskan, Hasan(MVA) 203.89 Jenkins, Gail & Leon (Demolition) 0.00 Venegas, Jesusa 2,641.17 Blutcher, Pamela (MVA) 3,564.45 Goldman, Barry(Bike/grate accident) 1,423.90 Braswell, Jeffrey(Excessive Force) 0.00 Jackson-Evancich, Deborah 0.00 Broberg, Leif Complaint(2015) 0.00 Dunn, Jonathan(arrest w/o probable) 0.00 Wade, George(auto accident) 3,715.75 Davila, Danielle (Police) 0.00 Coupet, Kenson (Parent of child injured) 0.00 Shevlin, Patrick(false arrest) 3,994.45 Ryan, Ronald(whistleblower) 261.50 Readon, Jayden, Estate of (police chase) 0.00 Robling, Aaron(police) 1,923.80 Honacher, Jack (Baker Act -Police) 0.00 Victoria Fire & Casualty(George Wade) 123.00 Clemens, Jennifer (Personal Injury) 61.50 Basinski, Donna (MVA garbage truck) 656.00 Garber M.D., Harvey (excessive force) 41.00 Estime, Robens (Police Deadly Force) 0.00 Floering, David & Barbara 196.60 TOTAL Goren,Cherof Risk Legal Costs 38,673.56 Page 330 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Jean -Baptiste, Kevens Billing Category 18-RLO Claim #001470 -000352 -PP -01 ACCOUNT NO STATEMENT NO HOURS 12/18/2017 TAD Receipt and review of correspondence from adjuster and City re: status. 0.30 12/22/2017 TAD Receipt of correspondence from adjuster re: claim information and status. 0.20 12/26/2017 TAD Receipt of correspondence from City and adjuster re: claim status. Continue review of information re: investigation by state attorney and interviews. Prepare outline of additional interviews. Prepare correspondence to City re: same. Prepare correspondence to expert re:review and opinion and prepare records for review. 2.80 FOR CURRENT SERVICES RENDERED 3.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 3.30 $205.00 $676.50 Photocopies TOTAL EXPENSES THRU 12/31/2017 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/03/2018 306-9905022 18331 V / V.JV 5.60 5.60 682.10 $682.10 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 331 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO 12/06/2017 IR Review trial order from 2017; retrieved online court docket regarding new trial period for 2018; preparation of tickler for 30 days. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 0.30 $125.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/03/2018 306-9905029 18332 HOURS 0.30 0.30 37.50 TOTAL $37.50 37.50 $37.50 Page 332 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson Andrews, Spencer, et al v. Haugh, Vincent, et al (BBPD Employees) Billing Category 18-RLO 12/12/2017 TAD Receipt and review of correspondence from outside counsel re: proposal for settlement and review claims re: recommendations to client. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/03/2018 306-9905041 18333 HOURS 0.30 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 333 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 01/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905062 Boynton Beach FL 33425 STATEMENT NO: 18334 Attn: Lynn Swanson adv. Mina, German (slip & Fall) Billing Category: 18-RLO Claim #001470 -000340 -GB -01 12/01/2017 IR Finalized Outline to Order Setting Jury Trial and Directing Pretrial and Mediation Procedures, entered by the Court on Trial Order 11.17.17; retrieved online court docket, and discovery files, to ascertain if discovery was fully complied with and responded to by the Plaintiff. 0.80 TAD Receipt and review of deposition of Collett re:trial issues. Review trial order re: deadlines and motion requirements. 1.70 12/05/2017 TAD Extended telephone conference with Health Care District re: deposition of nurse. Review deposition of plaintiff re: trial issues and discovery. Review records from Plaintiffs prior employer re: deposition and prepare correspondence re: same. Prepare interrogatories to Plaintiff. Prepare request for production to Plaintiff. Prepare correspondence to plaintiff counsel re: depositions and trial issues. 4.30 12/06/2017 TAD Begin preparation of jury instructions and prepare verdict form. Review case law re: jury instructions. 2.60 12/07/2017 TAD Revise discovery to Plaintiff to include additional information. Prepare correspondence to Plaintiff counsel re: depositions. Prepare notice of deposition and subpoena to Double Eagle. Prepare notice of deposition and subpoena to School Board. Prepare notice of deposition and subpoena to Health Care district. Prepare notice of deposition and subpoena to Dr. Mahan. Prepare notice of non-party production and subpoena to Dr. Chung.and HIPAA disclosure. Prepare subpoena to Spine Institute and HIPAA disclosure. Prepare subpoena to Dr. Matusak and HIPAA disclosure.. Prepare subpoena to Dr. Alter and HIPAA disclosure. Prepare subpoena to Dr. Sax and HIPAA disclosure. Prepare subpoena for to Dr. Karow and HIPAA disclosure. Prepare subpoena to Alpha Physical Therapy and HIPAA disclosure. 5.80 12/08/2017 TAD Review additional case law re: jury instructions and revise instructions and verdict form. Review all trial exhibits and revise list in preparation for trial and depositions. 4.80 Page 334 of 508 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. Mina, German (slip & Fall) 12/11/2017 TAD Receipt and review of correspondence from plaintiff re: trial issues. Extended telephone conference with plaintiff counsel re: resolution. Prepare correspondence to City re: offer. Continue review of trial exhibits for depositions and trial. 12/12/2017 TAD Receipt and review of plaintiff's answers to interrogatories. 12/13/2017 TAD Receipt and review of plaintiff's response to request for production and records produced by the Plaintiff. 12/19/2017 TAD Review case law re: surveillance information and issues with plaintiffs testimony. Telephone conference with plaintiff counsel re: response to settlement offer. 12/21/2017 TAD Telephone conference with Plaintiff counsel re: settlement issues. 12/22/2017 TAD Telephone call with plaintiff counsel re: settlement. Receipt of correspondence re: same. 12/26/2017 TAD Confer with IVR re: trial preparation and witness depositions. Receipt of correspondence from Plaintiff counsel re: settlement demand. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 0.80 $125.00 TRACEY A. DECARLO 22.60 205.00 Photocopies TOTAL EXPENSES THRU 12/31/2017 TOTAL CURRENT WORK BALANCE DUE Page: 2 01/03/2018 306-9905062 18334 HOURS 1.20 0.20 0.40 0.60 0.40 0.20 0.40 23.40 4,733.00 TOTAL $100.00 4,633.00 94.50 94.50 4,827.50 $4,827.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 335 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 01/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905066 Boynton Beach FL 33425 STATEMENT NO: 18335 Attn: Lynn Swanson adv. Gregory, Mola (slip & fall) Billing Category: 18-RLO Claim #001470 -000341 -GB -01 12/01/2017 IR Continuation of trial preparation; finalized extensive review of all Plaintiffs medical records and other pending issues; consolidated findings and prepared mail to TAD regarding status of discovery and requests to opposing counsel for Plaintiffs documents, etc. 6.10 TAD Prepare correspondence to plaintiff re: hearing and prepare notice of hearing. Prepare correspondence to LeStrange re: deposition and receipt of response to same. Prepare correspondence to plaintiff re: depositions. Prepare notice of deposition and subpoena duces tecum for Dr Lestrange deposition. Review case law re: plaintiff and witness testimony re: potential motions in limine. 2.80 12/04/2017 TAD Receipt and review of correspondence from plaintiff re: deposition. Receipt of correspondence from process server re: service on Brown. Prepare response to same. 0.30 12/05/2017 TAD Receipt and review correspondence from Dr. Calvanese re: depositions and prepare correspondence to the City re: same. Prepare subpoena for deposition duces tecum for Dr. Calvanese. Prepare subpoena for deposition duces tecum for Dr. Tordilla. Prepare correspondence to Plaintiff re: depositions. 1.70 12/07/2017 TAD Confer with IVR re: motions and trial issues. Receipt of correspondence from plaintiff re: hearing. Prepare renotice of hearing on motions. 0.80 12/08/2017 IR Reviewed discovery and initial preparation of Second Motion to Compel Discovery from Plaintiff; prepared exhibits to Motion to Compel, to encompass both previously filed sets of discovery to Plaintiff; reviewed documents in defendant's indexed sets of Plaintiff's various discovery responses; reviewed case law, Florida Rules Civil Procedure to research appropriate recoup of attorneys' fees and costs for the filing of discovery; letter to opposing counsel with From 4506-T for 1040s from 2011 through 2016; prepared tickler to receive same, or file supplemental motion to compel in advance of discovery cut-off date. 3.90 TAD Prepare correspondence to plaintiff re: depositions. Prepare Page 336 of 508 Page: 2 CITY OF BOYNTON BEACH 01/03/2018 ACCOUNT NO: 306-9905066 STATEMENT NO: 18335 adv. Gregory, Mola (slip & fall) HOURS correspondence to Calvanese office re: depositions. Prepare amended notice of hearing on City's motions. 0.40 12/11/2017 IR Extensive review of online sources regarding the Plaintiff, her family, friends, colleagues and other employees / employers, and other information for potential use at trial; reviewed social media postings of Plaintiffs current spouse; her former spouse, update Trial Witness Tracking and conversation with TAD regarding same; initial review of Plaintiffs trial witness disclosures, including her listed expert trial witnesses. 4.30 TAD Receipt and review of proposal for settlement from plaintiff and correspondence re: same. Prepare correspondence to the City re: proposal. 0.60 12/13/2017 TAD Receipt and review of memorandum in opposition to City's Motion for Summary Judgment and documents filed in support of motion. Review additional case law re: notice issue for hearing. 1.30 12/14/2017 TAD Review additional recent case law re: additional authority for motion. Review deposition of Sauder and plaintiffs references for hearing. Prepare proposed order. 1.70 12/15/2017 TAD Receipt and review of plaintiffs witness and exhibit list for trial. Prepare for hearings. 0.90 12/19/2017 TAD Attend hearing on the City's Motion for Summary Judgment and Motion to Continue. Prepare orders on motions and correspondence to the Court re: same. Prepare correspondence to the City re: physician depositions. 5.60 12/21/2017 TAD Receipt and review of order on motion for summary judgment. Receipt of correspondence from process server re: service on plaintiff doctor and prepare response to same. 0.40 12/22/2017 TAD Prepare correspondence to plaintiff's physicians re: depositions. Prepare correspondence to City re: status of trial and motion for summary judgment. 0.80 12/29/2017 IR Receipt and review of the Court's Order Resetting Case for Jury Trial, entered by Honorable Judge Lisa S. Small on December 29, 2017; initial preparation of Trial Order Outline, with new trial deadlines in advance of e -calendar call of April 20, 2018; conference regarding Plaintiffs physician depositions scheduled for early January 2018, since canceled and to be rescheduled closer to the new trial period, but before the expiration of discovery on April 10, 2018. 0.80 FOR CURRENT SERVICES RENDERED 32.40 5,434.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 15.10 $125.00 $1,887.50 TRACEY A. DECARLO 17.30 205.00 3,546.50 Page 337 of 508 CITY OF BOYNTON BEACH adv. Gregory, Mola (slip & fall) Photocopies TOTAL EXPENSES THRU 12/31/2017 TOTAL CURRENT WORK BALANCE DUE Page: 3 01/03/2018 ACCOUNT NO: 306-9905066 STATEMENT NO: 18335 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 74.55 74.55 5,508.55 $5,508.55 Page 338 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Oldham, Dana (fall) Billing Category 18-RLO Claim #001470 -000346 -GB -01 12/12/2017 TAD Receipt and review of correspondence from plaintiff re: optum information. Review optum letter. Prepare correspondence to the City and adjuster re: lien information. Prepare correspondence to plaintiff re: release. Revise proposed release to include additional lien information. 12/21/2017 TAD Receipt and review of correspondence re: status of settlement and prepare response to same. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.60 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/03/2018 306-9905069 18336 HOURS 1.30 0.30 1.60 328.00 TOTAL $328.00 328.00 $328.00 Page 339 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Robinson, Bennie (false arrest) Billing Category 18-RLO Claim #001470 -000336 -GB -01 ACCOUNT NO STATEMENT NO HOURS 12/05/2017 SCW Telephonic deposition for Stephen Mills. Prepare summary of deposition. 1.80 12/11/2017 TAD Review information on plaintiff re: arrest and incarceration records and social media postings. Begin review of documents for use at trial as exhibits. 1.40 12/18/2017 IR Continuation of trial preparation; reviewed and revised Trial Order Outline, with Judge Marra cut-off dates in advance of trial scheduled for February 20, 2018; reviewed file and initial preparation of trial witness and trial exhibits lists and tracking information / status; 2.40 12/20/2017 TAD Begin review of depositions and evidence re: potential motions in limine and trial jury instructions. 1.30 12/21/2017 IR Reviewed file and updates to trial witness and trial exhibits listings. 0.70 12/26/2017 TAD Receipt of request for records. Continue review of claim information for jury instructions and verdict form preparation. Review status of discovery re: trial issues. 1.80 TAD Review trial order and status and prepare memo re: required items. Confer with IVR re: trial preparation. 0.50 IR Continuation of trial preparation; updates to Trial Notebook and extensive review of pleadings; conference with TAD regarding trial projects to work on, in advance of various deadlines, commencing in January of 2018. 2.20 12/27/2017 IR Reviewed project memoranda for trial preparation, in advance of February 20, 2018 jury trial in West Palm Beach before Judge Kenneth Marra; updated trial notebook and initially created jury instructions notebook. 1.20 12/28/2017 IR Continuation of trial preparation for two week trial docket, commencing February 20, 2018 in United States District Court, West Palm Beach Division, FL; reviewed discovery exchanged by the parties and continuation of updates to trial witness and trial exhibits lists, on behalf of the City of Boynton Beach to prepare its Mandatory Pre -Trial Stipulation; reviewed Page: 1 01/03/2018 306-9905073 18337 Page 340 of 508 Page: 2 CITY OF BOYNTON BEACH 01/03/2018 ACCOUNT NO: 306-9905073 STATEMENT NO: 18337 adv. Robinson, Bennie (false arrest) 12/29/2017 HOURS pleadings and telephone conference with co -counsel, Ben Bedard's legal assistant regarding particular depositions needed; reviewed deposition of former police officer Stephen Mills from December 5, 2017 deposition and initial preparation of deposition summary of same. 4.80 IR Continuation of trial preparation, for trial commencing February 20, 2018 in USDC in Palm Beach County, FL; preparation of email to Trial Graphix, including pleadings and other informational documentation, in order to run conflict checks and preparation of tickler to receive response regarding same; initial preparation of memoranda pertaining to Bennie Robinson's alleged medical issues, including review of his medical billing records; continued updates to the City of Boynton Beach's trial witness and trial exhibits lists. 1.90 FOR CURRENT SERVICES RENDERED 20.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 13.20 $125.00 $1,650.00 TRACEY A. DECARLO 5.00 205.00 1,025.00 SHARI C. WALLEN 1.80 205.00 369.00 TOTAL CURRENT WORK BALANCE DUE $3,044.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 341 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 01/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 18338 Attn: Lynn Swanson adv. Galindez, Dennis (slip & fall) 12/01/2017 12/04/2017 12/05/2017 Billing Category: 18-RLO Claim #001470 -000330 -GB -01 HOURS TAD Revise motion for summary judgment to include additional arguments. Revise notice of filing. Review deposition of plaintiffs expert re: motion in limine. 3.80 IR Conference with TAD regarding hearing of December 6, 2017; initial preparation for same regarding Plaintiff's Motion to use Deposition transcript at trial, in lieu of live testimony of from Lawrence [Larry] LePage's, using his October 30, 2015 [Plaintiff filed same on 7.29.16]; Plaintiff's Motion for Leave to propound additional Interrogatories, over the statutory limit; reviewed and listed portions of Larry LePage deposition from 2015; reviewed and revised initial listing of various discovery propounded by Plaintiff to the City of Boynton Beach and prepared findings pertaining to Plaintiff's seven sets of interrogatories, commencing in 2015 through current date, and incorporated the City of Boynton Beach's responses; totaled both sets of numbers, with and without subparts to Plaintiff's interrogatories; prepared email to TAD with initial findings. 3.60 TAD Receipt and review of plaintiffs motion for use of deposition at trial. Reveiw case law re: hearsay exceptions for hearing. Receipt of plaintiff motion to propound additional discovery. Review case law re: motions in limine. Review plaintiffs expert deposition and begin preparation of motion in limine. Review plaintiff exhibit and witness list and city's lists re: revisions to same. Confer with IVR re: changes. 5.30 IR Continuation and finalization of comparison of discovery requests with discovery responses for the two and a half year period of 2015 through the end of 2017; prepared chart for presentation to the Court at the hearing on Plaintiff's Motion for Leave to File Over 30 Interrogatories to Defendant and Motion to Allow Deposition Testimony at trial; reviewed and updated chart specifying dates and numbered questions by Plaintiff and cross-referenced with the City of Boynton Beach's answers and objections thereto that total 68 interrogatories by Plaintiff to date; preparation of package for TAD hearing on December 6, 2017; extensive review of documents, discovery and for responses [not listed in pleadings]; continued trial preparation and updated trial witnesses files. 4.30 Page 342 of 508 Page: 2 CITY OF BOYNTON BEACH 01/03/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 18338 adv. Galindez, Dennis (slip & fall) 12/06/2017 TAD Attend hearing on motion to use deposition and hearing on motion to take additional discovery. Receipt of orders on same. 12/07/2017 TAD Confer with IVR re: trial preparation. Review witness and exhibit lists re: trial exhibits. 12/12/2017 IR Continued revisions to Amended Trial Witness and Exhibits lists, in advance of new trial period disclosure dates in January 2018 and following the Court's recent ruling in court of December 7, 2017; initial review and updates to Plaintiffs Timeline for use at trial and direct examination of witnesses at trial; TAD Review case law re: motions in limine and begin draft of motion. Review deposition of IePage. Prepare deposition designations for use at trial. 12/13/2017 IR Update to Defendant, City of Boynton Beach's trial exhibits disclosure; organization of City's personnel records, saved as trial exhibits, disclosed as part of the City of Boynton Beach's Responses to Plaintiff's Request for Production; continuation of additional trial preparation and reviewed / confirmed trial order outline utilizing the Court's Order Re -Setting Jury Trial and Directing Pretrial and Mediation Procedures, entered February 28, 2017 and with the most recent Order Resetting Jury Trial, entered by the Court on August 29, 2017; prepared ticklers for January and February 2018 trial deadlines, for the City's compliance regarding same. 12/19/2017 TAD Receipt and review of revised witness and exhibit list for trial. 12/20/2017 IR Review online docket, to ascertain if opposing counsel filed additional discovery, listed new expert witnesses, filed returns of service on trial subpoenas. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 12.30 $125.00 TRACEY A. DECARLO 18.70 205.00 Photocopies TOTAL EXPENSES THRU 12/31/2017 12/06/2017 Parking - TAD Parking - TOTAL ADVANCES THRU 12/31/2017 HOURS 4.60 0.80 1.30 3.30 2.30 0.90 0.80 31.00 5,371.00 TOTAL $1,537.50 3,833.50 1.40 1.40 5.00 Page 343 of 508 CITY OF BOYNTON BEACH adv. Galindez, Dennis (slip & fall) TOTAL CURRENT WORK BALANCE DUE Page: 3 01/03/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 18338 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 5,377.40 $5,377.40 Page 344 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Caliskan, Hasan (MVA) Billing Category: 18-RLO Claim #001470 -000354 -AB -02 12/07/2017 Federal Express - Invoice 6-038-09592 TOTAL ADVANCES THRU 12/31/2017 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/03/2018 306-9905092 18339 189.00 A A On 14.89 203.89 $203.89 Page 345 of 508 HOURS 12/01/2017 TAD Receipt and review of correspondence re: settlement agreement. Review settlement agreement. Prepare correspondence to Plaintiff re: settlement status. 0.30 12/21/2017 TAD Prepare correspondence to plaintiff re: dismissal and review docket re: status of claim. 0.20 12/22/2017 IR Receipt and reviewed Notice of Voluntary Dismissal filed by Plaintiff and prepared tickler to ensure same is filed within the Palm Beach County Recorder's office within the next 10 days. 0.20 TAD Receipt of correspondence from plaintiff re: dismissal. Receipt of notice of dismissal. Prepare correspondence to City and adjuster re: dismissal. 0.30 FOR CURRENT SERVICES RENDERED 1.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.20 $125.00 $25.00 TRACEY A. DECARLO 0.80 205.00 164.00 12/07/2017 Federal Express - Invoice 6-038-09592 TOTAL ADVANCES THRU 12/31/2017 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/03/2018 306-9905092 18339 189.00 A A On 14.89 203.89 $203.89 Page 345 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 01/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905098 Boynton Beach FL 33425 STATEMENT NO: 18340 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim #001470 -000367 -AB -01 HOURS 12/04/2017 TAD Receipt and review of correspondence re: status and prepare response to same. Receipt of correspondence from City and adjuster re: information on claim and confer with IVR re: consulting expert. Review claim notes and demands from claimant re: information for expert review. 1.70 12/06/2017 IR Reviewed online information pertaining to potential medical expert witness to potentially perform CME; conference with TAD regarding same; online searches pertaining to potential medical expert witness[es]; initial preparation of Trial Witness Tracking Chart and update of same; review medical records and Plaintiffs allegations pertain to claimed medical issues [prepare for conference]; telephone conference with potential medical expert witness[es]; preparation of email to potential medical expert witness[es] and prepared tickler to receive requested documentation from said individual[s]. 2.10 12/07/2017 IR Continuation to update Trial Witness Tracking Chart and prepared tickler to receive Dr. Inwood"s curriculum vitae and fee schedule; Receipt and review email from Dr. Inwood [without attachments]. 0.60 12/08/2017 TAD Review demand letter and information on medical claims. Prepare outline of claims for discussion with adjuster and doctor. 2.30 12/11/2017 TAD Continue review of medical records from claimant. Receipt of correspondence from expert re: resume and fee schedule. Prepare correspondence to City re: expert and receipt of response to same. Reveiw information on plaintiff re: business affiliations. Review claim information with IVR. Receipt of correspondence from City re: expert and status. Prepare correspondence to expert re: medical review and claims. Finalize outline of records and prepare documents for review by expert. Receipt of medical lien information and PIP payments re: damages claimed for recommendation to City. 5.30 12/26/2017 TAD Review records re: information on claim for conference. Attend conference with Dr. Inwood re: opinion. Prepare correspondence to City and adjuster Page 346 of 508 CITY OF BOYNTON BEACH ACCOUNT NO STATEMENT NO adv. Venegas, Jesusa re: information from medical review. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 2.70 $125.00 TRACEY A. DECARLO 10.60 205.00 Photocopies TOTAL EXPENSES THRU 12/31/2017 12/18/2017 Federal Express - Invoice 6-038-09592 TOTAL ADVANCES THRU 12/31/2017 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 2 01/03/2018 306-9905098 18340 HOURS 1.30 13.30 2,510.50 TOTAL $337.50 2,173.00 113.75 113.75 16.92 16.92 16.92 2,641.17 $2,641.17 Page 347 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 01/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905102 Boynton Beach FL 33425 STATEMENT NO: 18341 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category - 18RLO Claim #001470 -000369 -AB -01 12/05/2017 IR Conference regarding pending medical records from medical facilities, pursuant to the last set of Subpoenas Duces Tecum; reviewed online Witness and Records Custodian tracking chart as to which medical facilities still owe records and/or were awaiting payment from the client or the insured; 0.40 12/08/2017 IR Update to medical information received from Plaintiff and medical summaries to client [in chronological format]; update tracking with more information as stated in Plaintiff's medical records. 2.90 TAD Confer with IVR re: status of review of records and responses to subpoenas and items to complete. 0.40 12/11/2017 IR Continuation of extensive review of court filings of Plaintiff in civil, traffic and criminal courts and update to file, in preparation of Plaintiffs deposition; review of Plaintiff's social media and cross-referenced with medical chronology. 2.90 TAD Receipt and review of correspondence from adjuster re: status. Prepare response to same with update. Confer with IVR re: status of analysis. 0.80 12/13/2017 IR Continuation of medical record summaries [Bethesda Hospital East, Security National Insurance Company], per TAD directives; reviewed remainder of records received pursuant to subpoena duces tecum and updates to trial witness tracking chart [for additional and supplemental documents pertaining to Plaintiff's health, cross-referenced with Plaintiff's criminal background; several telephone conferences with records department and legal department at Bethesda Medical East pertaining to Plaintiff's medical records, pursuant to Subpoena Duces Tecum; prepared tickler to follow-up and re -send subpoena duces tecum. 4.20 12/14/2017 IR Continuation of review and preparation of medical records summaries pertaining to the Plaintiff and Neurosurgical Consultants of South Florida and cross-reference medical records dates of service with composite Timeline of Events [inclusive of criminal history, driving records; followed-up on ticklers pertaining to additional records, including Bethesda East medical Page 348 of 508 Page: 2 CITY OF BOYNTON BEACH 01/03/2018 ACCOUNT NO: 306-9905102 STATEMENT NO: 18341 adv. Blutcher, Pamela (MVA) records. 12/19/2017 IR Continued preparation of medical summaries, following the responses to various subpoenas duces tecum of documents received from Orthopedic Surgery Associates, Inc., Security National Insurance Company, Evan Packer, M.D. and Charlton E. Stucken, M.D.; prepare correspondence to Bethesda Memorial Hospital East, requesting a list of Plaintiffs various visits to the facility [28 visits] for exhibits. 12/20/2017 IR Continuation of updates to medical chronology, which includes review and summaries of medical records from Imaging Center, Surfside Non -Surgical, Glenn Chapman, D.O., Bethesda Hospital East list of admissions, Security National Insurance Company, The Center for Bone & Joint Surgery, and Jose Ortega, M.D. subpoena and update witness list regarding potential other medical and other providers to Pamela Blutcher; updates to Plaintiff's tracking information, as part of extensive review of Plaintiffs' records, including history of pain treatment and automobile accident. 12/21/2017 IR Continuation of medical records summaries and updates to trial tracking charts accordingly. 12/22/2017 IR Continued medical records review and summaries of documents received from Security National Insurance Company; continued updates relevant to potential new medical providers, including medical facilities, where Plaintiff may have been treated prior [not previously listed in discovery]; telephone conferences with Shante' at Dr. Patricia Martindale's medical practice located in Lauderdale Lakes, Broward County, Florida, requesting status of Plaintiff's medical records that were subpoenaed and due July 24, 2017; prepared tickler to follow up after the holidays. 12/26/2017 IR Conference with TAD regarding discovery, including subpoenaed records and summaries of each set of documents received; revised and updated medical summaries tracking chart. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 26.50 $125.00 TRACEY A. DECARLO 1.20 205.00 Photocopies TOTAL EXPENSES THRU 12/31/2017 TOTAL CURRENT WORK BALANCE DUE HOURS 1.70 3.30 3.80 3.10 1.90 2.30 27.70 3,558.50 TOTAL $3,312.50 246.00 5.95 5.95 3,564.45 $3,564.45 Page 349 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 01/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905111 Boynton Beach FL 33425 STATEMENT NO: 18342 Attn: Lynn Swanson adv. Goldman, Barry (bike/grate accident) Billing Category: 18-RLO Claim #001470 -000373 -GB -01 HOURS 12/06/2017 IR Online review of court docket and Judge's trial calendar to see if the next 8 week docket was posted; prepared email memorandum to team and revised tickler for December 8, 2017. 0.40 12/07/2017 IR Reviewed tickler and online search of Judge Rowe's calendar docket of January 8, 2018 through March 2, 2018; conference with TAD regarding trial projects, trial subpoenas and other trial strategy. 0.80 12/11/2017 IR Initial preparation of Defendant City of Boynton Beach's Amended Trial Witness and Trial Exhibits Lists; reviewed and scanned Plaintiff's lip rejuvenation photo, along with the statement for medical services of same [need the surgical report]. 0.30 TAD Review docket re: calendar call and trial setting. Prepare correspondence to City re: trial setting. Prepare correspondence to witness re: trial setting. 0.40 12/12/2017 IR Extensive review of court's online docket, our pleadings and medical documents and other records listed on each parties' trial disclosures from 2016 through current; reviewed online court docket to ascertain which trial subpoenas Plaintiffs were requesting the court be reissued at trial, following the Plaintiffs May 2017 motion that subpoenas be revalidated; reviewed and listed depositions during 2017, not previously listed as trial exhibits by the City of Boynton Beach's [from its previously filed trial disclosures]; finalized draft of amended trial disclosures, listing supplemental information from 2017; updated Alexander Barr / Florida Department of Transportation, expert witness file, to utilize as City's rebuttal witness at trial. 4.70 12/13/2017 IR Revised Trial Witness and Exhibits list to add documents for use at trial. 0.80 12/26/2017 TAD Review docket information re: status of trial setting. Confer with IVR re: trial subpoenas and preparation. 0.20 IR Conference with TAD regarding trial preparation and additional projects to work on, in advance of the January 22, 2018 jury trial now set; reviewed pleadings regarding dispositive motions still pending and initial preparation of memoranda to TAD regarding same. 0.70 Page 350 of 508 Page: 2 CITY OF BOYNTON BEACH 01/03/2018 ACCOUNT NO: 306-9905111 STATEMENT NO: 18342 adv. Goldman, Barry (bike/grate accident) 12/27/2017 IR Went through trial banker boxes and retrieved files for projects; initial preparation of deposition summary of Alexander Barr, with the Florida Department of Transportation; online review pertaining to trial subpoenas of employees at Florida Department of Transportation and review of legal department personnel in order to contact Shenika Harris, Esq. 12/28/2017 IR Online searches pertaining to service of process of trial subpoena, to be served upon Alexander Barr, Licensed Engineer and Complete Streets Coordinator at the Florida Department of Transportation, in an effort to coordinate same with Department Attorney, Shenika Harris, who was in attendance at Mr. Barr's deposition October 9, 2017; initial preparation of Alexander Barr deposition summary; online searches of Judge Rowe's trial calendar and specifically retrieval of trial before this case of Couch v. Ace & Owen & Ace, 6 day trial before this case, set the week of January 22, 2017 [2 circuit court matters, condensed into one]. RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 10.20 $125.00 TRACEY A. DECARLO 0.60 205.00 Photocopies TOTAL EXPENSES THRU 12/31/2017 TOTAL CURRENT WORK BALANCE DUE �� 1.30 1.20 10.80 TOTAL $1,275.00 123.00 1,398.00 25.90 25.90 1,423.90 $1,423.90 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 351 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard Boynton Beach FL 33425 Attn: Lynn Swanson adv. Wade, George (auto accident) Billing Category: 18-RLO Claim #001470 -000380 -AB -01 12/01/2017 TAD Receipt and review of notice of jury trial. ACCOUNT NO STATEMENT NO 12/06/2017 IR Reviewed last trial order, for trial of October through December 2017 and Plaintiff's latest Notice for Trial to the Court; online review of court docket pertaining to same; retrieved Judge French's current trial setting for 2018 and prepared tickler for follow up December 12, 2017; ran name search of Plaintiff's court cases, both criminal, civil and traffic courts; extensive review of findings from Plaintiff's litigation from approximately 1990 through current; preparation of file pertaining to same and to list Clerk of the Palm Beach Circuit Court, to obtain and testify as to certified copies of Plaintiff's state of Florida driving records [24 tickets in Palm Beach County through current date]; conference with TAD regarding same. 12/14/2017 IR Conference with TAD regarding preparation for Thomas F. Roush, M.D. deposition of Wednesday, December 20, 2017; reviewed Plaintiff's medical records with Dr. Roush and Columna, Inc., Dr. Roush's medical practice in Palm Beach County; retrieved Plaintiff's Timeline of Events, pertaining to his medical complaints with dates pertaining to same, cross-referenced with Dr. Roush's medical records of Plaintiff; cross-referenced dates of written prescriptions written by Dr. Roush and Dr. Kabinoff [Plaintiffs general physician]; initial preparation of 3 ring binder for use at Dr. Roush's deposition on December 20, 2017; reviewed Plaintiffs Complaint and his various discovery responses in an effort to locate and ascertain Plaintiff's "significant financial losses" as claimed in paragraph 16 of Plaintiff's Complaint; online research pertaining to requests for prior business / sole proprietorship business tax returns, including requests for IRS Schedule K-1 s, 1065, 1120S, Schedule C to 1120S, and IRS Schedule C -EZ; preparation of tickler to discuss with TAD, as part of trial preparation and subsequent discovery to Plaintiff. 12/15/2017 IR Preparation for physician depositions and anticipated new trial period in 2018; retrieved online court docket, to check if the new trial period had been rescheduled from October 23, 2017 through December 15, 2017 [since the trial period officially ended this date]; prepared tickler to follow up once Page: 1 01/03/2018 306-9905132 18343 HOURS 0.10 2.10 m Page 352 of 508 Page: 2 CITY OF BOYNTON BEACH 01/03/2018 ACCOUNT NO: 306-9905132 STATEMENT NO: 18343 adv. Wade, George (auto accident) again on December 22, 2017, before the end of the year, but prior to the end of the month. 12/18/2017 IR Continued to work on deposition notebook in advance of Thomas F. Raush, M.D., Plaintiffs spine surgeon deposition on December 20, 2017; reviewed Dr. Roush's medical records pertaining to George Wade, listing various procedures [injections] and prescribed medication, that was cross-referenced on the medical Chronology of Plaintiff [which also cross-references prescriptions from other medical providers and hospitals]. TAD Receipt and review of correspondence from Dr. Rousch re: deposition and prepare correspondence to plaintiff re: same. Prepare amended notice of deposition. Review record from Rousch and other physicians and prepare outline for deposition. 12/19/2017 IR Continued and finalized review of Plaintiffs numerous medical records, in an effort to cross-reference with other medical providers information and to utilize as part of an updated Timeline of Events, including medical attention sought by Plaintiff. 12/20/2017 IR Online reviews of Broward Circuit Court docket, both civil and criminal in preparation of Plaintiffs litigation history. TAD Attend deposition of Dr. Rousch. Confer with Plaintiff counsel re: trial issues. 12/26/2017 TAD Review witness issues with IVR and discuss strategies. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE INGRID RIERA 16.80 $125.00 TRACEY A. DECARLO 7.60 205.00 Photocopies TOTAL EXPENSES THRU 12/31/2017 TOTAL CURRENT WORK BALANCE DUE �� 2.10 4.20 2.40 2.10 1.40 4.60 0.50 24.40 3,658.00 TOTAL $2,100.00 1,558.00 57.75 57.75 3,715.75 $3,715.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 353 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 01/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905186 Boynton Beach FL 33425 STATEMENT NO: 18344 Attn: Lynn Swanson adv. Shevlin, Patrick (false arrest) Billing Category: 18-RLO Claim #001470 -000395 -PP -01 HOURS 12/01/2017 TAD Receipt and review of correspondence from City re: response to information on claim. Prepare correspondence to plaintiff re: same. 0.30 12/04/2017 IR Reviewed file, pleadings and discovery from Plaintiff; cross-referenced with Plaintiff's discovery responses received, and checked to ascertain if additional discovery should be propounded, including subpoenas duces tecum to Plaintiff's previous employers [employment records, to substantiate his wage loss claim], in advance of discovery cutoff on February 27, 2018, pursuant to the Court's Trial Order entered November 28, 2017; online research of Plaintiff and his family, conference with TAD regarding same. 1.70 12/06/2017 TAD Prepare correspondence to Officer Davis re: deposition and receipt of response to same. 0.30 12/08/2017 TAD Prepare correspondence to Officer Davis re: deposition and discovery and receipt of response to same. 0.20 12/12/2017 TAD Review plaintiffs claims and City's responses. Review reports and prepare for meeting with Officer Davis. Draft outline of claims and issues for discussion with City re: offer to settle. Prepare revisions to answers to interrogatories. 2.40 12/13/2017 TAD Receipt and review of correspondence from plaintiff re: response to discovery. Meet with Officer Davis re: deposition. Revise discovery responses. Confer with Davis re: discovery responses. 3.40 12/14/2017 TAD Receipt and review of information on Davis for deposition. Prepare memo re: same. Prepare exhibits for deposition. Prepare outline for deposition. 3.20 12/15/2017 TAD Prepare correspondence to plaintiff re: deposition. Receipt of response to same. Receipt of correspondence from Harris re: deposition and prepare response to same. 0.30 Page 354 of 508 CITY OF BOYNTON BEACH adv. Shevlin, Patrick (false arrest) 12/18/2017 ACCOUNT NO STATEMENT NO �9 TAD Attend deposition of Davis and confer with plaintiff counsel re: claims status and settlement. 4.70 12/20/2017 IR Reviewed file and history of claims regarding depositions. 2.10 12/21/2017 TAD Revise correspondence to City to include information on deposition of Davis and additional information from plaintiff. 0.80 IR Continuation of updates to Trial Witness and Trial Exhibits Tracking chart, to turn into a pretrial disclosure to use during the trial period commencing March 19, 2018 through May 11, 2018, following the Court's Order Setting Jury Trial and Directing Pretrial and Mediation Procedures, entered on 11.17.17; cross-referenced witnesses from this litigation with other, prior litigation and noted same. 2.30 FOR CURRENT SERVICES RENDERED 21.70 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 6.10 $125.00 $762.50 TRACEY A. DECARLO 15.60 205.00 3,198.00 Photocopies TOTAL EXPENSES THRU 12/31/2017 TOTAL CURRENT WORK BALANCE DUE Page: 2 01/03/2018 306-9905186 18344 J,JV V.JV 33.95 33.95 3,994.45 $3,994.45 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 355 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 01/03/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905199 Boynton Beach FL 33425 STATEMENT NO: 18345 Attn: Lynn Swanson adv. Robling, Aaron (Police) Billing Category: 18 - RLO Claim #001470 -000403 -PP -01 HOURS 12/04/2017 TAD Receipt and review of correspondence re: status. Prepare correspondence to School Board re: information on 911 call. 0.90 12/06/2017 IR Reviewed documents received from City of Boynton Beach and reviewed pleadings in this matter; preparation of initial draft of discovery to Plaintiff; conference with TAD regarding same; update to Trial Witness Tracking chart and tickler to prepare Notice of Non -Party Production, with Subpoena Duces Tecum. 1.80 12/21/2017 TAD Review claim information and prepare initial litigation report and budget for claim. Telephone conference with School Board counsel re: settlement and telephone conference with Plaintiff counsel re: settlement. Review case law re: issues for litigation report. 4.80 12/22/2017 TAD Review medical and damage information from plaintiff and revise litigation plan. Prepare interrogatories to plaintiff. 2.40 12/28/2017 IR Receipt, review and preparation of tickler file to prepare Motion to Compel by January 26, 2018 if Plaintiff fails to respond to propounded discovery. 0.20 FOR CURRENT SERVICES RENDERED 10.10 1,910.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 2.00 $125.00 $250.00 TRACEY A. DECARLO 8.10 205.00 1,660.50 Photocopies 13.30 TOTAL EXPENSES THRU 12/31/2017 13.30 Page 356 of 508 CITY OF BOYNTON BEACH adv. Robling, Aaron (Police) TOTAL CURRENT WORK BALANCE DUE Page: 2 01/03/2018 ACCOUNT NO: 306-9905199 STATEMENT NO: 18345 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE 1,923.80 $1,923.80 Page 357 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470 -000410 -EP -01 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/03/2018 306-9905216 18346 2bl .bU 261.50 $261.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 358 of 508 HOURS 12/04/2017 TAD Receipt and review of notice of trial and prepare correspondence to city re: same. 0.30 12/05/2017 IR Receipt, review and initial preparation of Trial Order Outline, from the Court's Order Setting Jury Trial and Directing Pretrial and Mediation Procedures, entered on 12.4.17 by Acting Circuit Court Judge Edward A. Garrison; updated ticklers for court ordered trial deadlines; online court docket review for recent court filings. 1.60 FOR CURRENT SERVICES RENDERED 1.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.60 $125.00 $200.00 TRACEY A. DECARLO 0.30 205.00 61.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/03/2018 306-9905216 18346 2bl .bU 261.50 $261.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 358 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Clemens, Jennifer ( Personal Injury) Billing Category: 18 - RLO Claim #001470 -000417 -GB -01 12/20/2017 TAD Receipt and review of correspondence from FPL counsel re: settlement offer and response. Prepare correspondence to the City and adjuster re: same. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/03/2018 306-9905237 18347 HOURS 0.30 0.30 61.50 TOTAL $61.50 61.50 $61.50 Page 359 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Victoria Fire & Casualty (a/s/o George Wade) Billing Category: 18-RLO Claim #001470 -000380 -AB -01 12/12/2017 TAD Review docket re: hearing on motion for dismissal. Review dismissal on file with court. Prepare correspondence to the City re: dismissal. Receipt of correspondence from adjuster re: status. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.60 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/03/2018 306-9905243 18348 HOURS 0.60 0.60 123.00 TOTAL $123.00 123.00 $123.00 Page 360 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Basinski, Donna (MVA garbage truck) Billing Category: 18 - RLO Claim #001470 -000422 -AB -02 HOURS 12/14/2017 TAD Receipt and review of correspondence re: medical information from claimant. Review medical records provided re: potential claims. 2.30 12/18/2017 TAD Receipt and review of correspondence from City re: claims and continue review of records from adjuster re: status. 0.90 FOR CURRENT SERVICES RENDERED 3.20 TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 3.20 $205.00 TOTAL $656.00 Page: 1 01/03/2018 306-9905256 18349 VJV.VV 656.00 $656.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 361 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Garber M.D., Harvey (excessive force) Billing Category: 18 - RLO Claim #001470 -000429 -PP -01 12/14/2017 TAD Receipt and review of correspondence re: claim status from adjuster and from City. FOR CURRENT SERVICES RENDERED TIMEKEEPER TRACEY A. DECARLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.20 $205.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 01/03/2018 306-9905282 18350 HOURS 0.20 0.20 41.00 TOTAL $41.00 41.00 $41.00 Page 362 of 508 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 East Boynton Beach Boulevard ACCOUNT NO Boynton Beach FL 33425 STATEMENT NO Attn: Lynn Swanson adv. Floering, David & Barbara Billing Category: 18 RLO Claim #001470 -000422 -AB -04 12/04/2017 IR Retrieved online court docket and compared with our pleadings listing; initial preparation of witness tracking chart, along with discovery documents tracking thereto; initial preparation of automobile accident discovery to Plaintiff; review records received from City of Boynton Beach from presuit. 1.50 FOR CURRENT SERVICES RENDERED 1.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.50 $125.00 $187.50 Photocopies TOTAL EXPENSES THRU 12/31/2017 TOTAL CURRENT WORK BALANCE DUE Page: 1 01/03/2018 306-9905288 18351 187.50 9.10 9.10 196.60 $196.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 363 of 508 Risk -Outside Counsel Robert C Okon, P.A. Harris v City, Martinez Lewis, Stroud & Deutsch, PL Hill v City Harris v City Roberts, Reynolds, Bedard & Tuzzio, PLLC-Nov & Dec 2017 Yesnick v City Braswell v City Boynton Old School v City Andrews v Haugh Hill v City Kimsey v City & Brooks Harris v City Broberg v City Nice 0.00 0.00 1,270.50 2,035.30 0.00 348.00 0.00 3,895.00 7,548.80 TOTAL Oct 2017 Outside Counsel - Risk 7,548.80 Page 364 of 508 470 Columbia Drive, Suite C-101 West Palm Beach,1 ri a 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach M P.O. :o- Beach,BaXnton I Claim 9001470 -000390 -EP -01 BILL FOR FEES AND COSTS THROUGH 12/31/17 12/03/17 Review of Chief Katz interview on WPTV To the point show. 12/03/17 Receipt and review of news article from Palm Beach Post of interview with Chief Katz. 12/04/17 Correspondence to Cit Risk Manager Julie Oldbury re: news article from Palm Beach Post of interview with Chief Katz. January 8, 2018 Bill No. 39807 Attorney setting our Motion to Overrule Objections/Motion to Compel AGA 0.70 LHR 0.30 LHR 0.20 12/04/17 Telephone conference with Plaintiffs counsel Adrian Alvarez re: JHL 0.30 Page 365 of 508 setting our Motion to Overrule Objections/Motion to Compel Better Answers to Requests for Admission for hearing. 12/04/17 Telephone conference with US Attorney Steve Petrie re: status LHR 0.30 of request for FBI tapes of interviews of Chief Katz and Major Crawford, and status of same. 12/05/17 Correspondence to Julie Oldbury, City, re: Chief Katz interview AGA 0.30 video. 12/06/17 Preparation of e-mail to Crawfords' counsel Harriett Lewis re: LHR 0.20 depositions of Suzanne & Christopher Crawford. 12/06/17 Preparation of e-mail to Plaintiffs counsel Alvarez re: LHR 0.20 depositions of Suzanne & Christopher Crawford. 12/06/17 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Alvarez re: depositions of Suzanne & Christopher Crawford. 12/06/17 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.20 continued deposition of Chief Katz and if cannot secure same prior to his leaving Florida will need his contact information to coordinate to take place in Virginia at a later date. 12/06/17 Receipt and review of email response from Crawfords' counsel LHR 0.20 Harriett Lewis re: depositions of Suzanne & Christopher Crawford. Page 365 of 508 Client: City of Boynton Beach January , 2018 Matter: 15414 - Broberg v. Boynton Beach at al. Page 2 PROFESSIONAL SERVICES Date Services 12/06/17 Correspondence to Plaintiffs counsel Adrian Alvarez confirming AGA 0.50 his opposition to City's Motion to Overrule Objections and Motion to Compel Better Answers to Request for Admissions, and other matters regarding discovery. 12/06/17 Receipt and review of email response from City Paralegal Lynn LHR 0.20 Swanson re: continued deposition of Chief Katz need for same to be coordinated for spring in Virginia. 12/06/17 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Alvarez re: depositions of Suzanne and Christopher Crawford. 12/07/17 Receipt and review of e-mail from Suzanne Crawford's counsel LHR 0.20 Harriett Lewis re: deposition of Suzanne Crawford. 12/08/17 Receipt and review of news article concerning naming of Asst. LHR 0.30 Chief Kelly Harris as Interim Chief for Boynton Beach PD. 12/09/17 Obtain address for serving subpoena to Forbes Consulting for RKD 0.20 records pertaining to Plaintiff, Leif Broberg. 12/09/17 Preparation of initial draft of duces tecum to attach to subpoena AGA 0.50 for records to Forbes Consulting for records pertaining to Plaintiff, Leif Broberg. 12/11/17 Correspondence to City Risk Manager Julie Oldbury re: Palm LHR 0.20 Beach Post article concerning Asst. Chief Kelly Harris being named Interim Chief of Police. 12/12/17 Receipt and review of e-mail from Plaintiffs counsel Alvarez re: LHR 0.10 continued deposition of Chief Katz and depositions of Suzanne & Christopher Crawford. 12/12/17 Preparation of email response to Plaintiffs counsel Alvarez re: LHR 0.10 continued deposition of Chief Katz and depositions of Suzanne & Christopher Crawford. 12/12/17 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.10 Alvarez re: continued deposition of Chief Katz and depositions of Suzanne & Christopher Crawford. 12/14/17 Telephone conference with Seminole Tribe Police Department RKD 0.30 re: status of records pertaining to Plaintiff, Leif Broberg, pursuant to public records request. 12/14/17 Second telephone conference with Seminole Tribe Police RKD 0.20 Department re: status of records pertaining to Plaintiff, Leif Broberg, pursuant to public records request. 12/14/17 Preparation of e-mail to Seminole Tribe Police Department re: LHR 0.20 proof of payment for public records regarding Plaintiff, Leif Broberg, pursuant to request. 12/14/17 Telephone conference with US Attorney Steve Petrie re: update LHR 0.30 status on requested recordings and FBI objecting to at least one on ongoing investigation grounds. Page 366 of 508 Client: City of Boynton Beach January 8, 2018 Matter: 15414 - Broberg v. Boynton Beach et al. Page 3 1a # Date Services Attorney u 12/19/17 Preparation of e-mail to Adrian Alvarez, counsel for Plaintiff, re: JHL 0.20 hearing on Defendant's Motion to Overrule Objections and Compel Better Responses to Defendant, City of Boynton Beach's Request for Admissions. 12/19/17 Preparation of e-mail to Crawfords' counsel Harriett Lewis re: LHR 0.20 depositions of Suzanne and Christopher Crawford. 12/19/17 Receipt and review of email response from Crawfords' counsel LHR 0.20 Harriett Lewis re: depositions of Suzanne and Christopher Crawford. 12/19/17 Preparation of second email to Crawfords' counsel Harriett LHR 0.10 Lewis re: depositions of Suzanne and Christopher Crawford. 12/19/17 Preparation of e-mail to Plaintiffs counsel Alvarez re: LHR 0.20 depositions of Suzanne Crawford, Christopher Crawford, and Jeffrey Katz. 12/19/17 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Alvarez re: depositions of Suzanne Crawford, Christopher Crawford, and Jeffrey Katz. 12/19/17 Preparation of e-mail to Suzanne Crawford's counsel Harriett LHR 0.20 Lewis and Christopher Crawford re: depositions of Suzanne and Christopher Crawford in North Carolina. 12/19/17 Receipt and review of email response from Suzanne Crawford's LHR 0.20 counsel Harriett Lewis re: deposition of Suzanne Crawford in North Carolina. 12/19/17 Receipt and review of e-mail from Suzanne Crawford re: her LHR 0.10 deposition. 12/19/17 Receipt and review of e-mail from Adrian Alvarez, counsel for JHL 0.20 Plaintiff, re: hearing on Defendant's Motion to Overrule Objections and Compel Better Responses to Defendant, City of Boynton Beach's Request for Admissions. 12/20/17 Preparation of e-mail to City Paralegal Lynn Swanson re: LHR 0.10 continued deposition of Chief Katz. 12/20/17 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.10 re: continued deposition of Chief Katz. 12/21/17 Preparation of e-mail to Adrian Alvarez, counsel for Plaintiff, re: JHL 0.20 hearing on Defendant's Motion to Overrule Objections and Compel Better Responses to Defendant, City of Boynton Beach's Request for Admissions. 12/22/17 Receipt and review of e-mail from Tracey DeCarlo, City, re: JHL 0.20 hearing on Defendant's Motion to Overrule Objections and Compel Better Responses to Defendant, City of Boynton Beach's Request for Admissions. 12/22/17 Preparation of email response to Tracey DeCarlo, City, re: JHL 0.20 hearing on Defendant's Motion to Overrule Objections and Compel Better Responses to Defendant, City of Boynton Beach's Request for Admissions. Page 367 of 508 Client: City of Boynton Beach Matter: 15414 - Broberg v. Boynton Beach et al. WZL*1;J*;M Date Services 12/27/17 Telephone conference with US Attorney Steve Petrie re: status and complications of recorded statements. 12/29/17 Receipt and review of records pertaining to Plaintiff, Leif Broberg, received from Seminole Tribe of Florida Police Department, pursuant to public records request. (28 pgs) il :11012 1#1 Z E13 IIHA&A' 1014-11-1 Code Name Hours AGA Andrea G. Amigo, Partner 2.00 JHL Jordan H. Lewis, Associate 1.30 LHR Lyman H. Reynolds, Jr., Partner 6.00 RKD Rebecca K. Davis, Paralegal 0.70 Total Professional Services 10.00 CURRENT BILL TOTAL AMOUNT DUE 2,337.00 Balance Forward: -2,337.00 Payments & Adjustments: 1,658.00 Total Due: Aftorney Oiours LHR 0.30 LHR 0.50 Rate Amount 165.00 330.00 140.00 182.00 165.00 990.00 80-00 56.00 $1,658.00 $ 1,668.00 2,337.00 -2,337.00 $ 1,658.00 Page 368 of 508 ROBERTS, ! B ! Drive,470 Columbia i Beach,West Palm o; d. 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach December 20, 2017 Attn: claims@bbfl.us Bill No. 39683 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Kimsey v. Boynton Beach & Brooks 12364 Claim #NIA BILL FOR FEES AND COSTS THROUGH 11/30/17 Date Services orneHours 11/08/17 Communicate/Other Counsel correspondence to Plaintiffs SAK 0.20 Danna P. Clement, Partner2.30 counsel Charles Thomas regarding Plaintiffs overdue discovery 165.00 379.50 responses and lack of receipt by Plaintiffs counsel due to eves, Paralegal KathrynrKantor,- 0.90 storm. 72.00 11/09/17 Communicate/Other Counsel correspondence from Plaintiffs SAK 0.10 140.00 counsel, Charles Thomas, regarding late receipt of discovery Total Professional Services due to storm and adjustment of due date. 11/21/17 Multiple communications with Vincent Brooks re: upcoming DPC 0.20 pre -deposition meeting. 11/22/17 Review/Analyze file to determine relevant documents in support KLR 0.90 of pre -deposition meeting with Off Vincent Brooks on 11127117. 11/26/17 Preparation for pre -deposition meeting with retired Officer DPC 1.20 Vincent Brooks, including but not limited to review of deposition transcript of Ms. Kimsey, Police Report, Supervisor's Report and photographs. 11/27/17 Attendance at pre -deposition meeting with retired Officer DPC 0.90 Vincent Brooks here at our office (no travel time billed). Code DPC Danna P. Clement, Partner2.30 165.00 379.50 KLR eves, Paralegal KathrynrKantor,- 0.90 80.00 72.00 ,, 0.30 140.00 42.00 Total Professional Services 3.50 $493.60 Page 369 of 508 %—.Iient-. City of Boynton Beach Matter: 12364 - Kimsey B1 Beach & Brooks 49F.-WOWEII ".-repaid Funds Applied Prepaid Funds Remaining: $475.00 [oil] �1;14\i d:11 Il MILO] El Payments & Adjustments: Page 370 of 508 ROBERTS,EDARD REYNOLDS, ! i 470 Columbia West Palm 'Florida!' Telephone Tax ID No. 65-0004867 City of Boynton Beach December 20, 2017 Attn: claims@bbfl.us Bill No. 39682 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Andrews v. Haugh et al. 12152 Claim # NIA BILL FOR FEES AND COSTS THROUGH 11/30/17 a +� Date Services Attorney Hours 11/01/17 Drafting of Correspondence to Julie Oldbury regarding Plaintiffs DPC 0.30 Supplemental Production Response. 11/03/17 Draft/Revise Officer Vincent Haugh's disclosure of trial exhibit DPC 0.90 list. 11/03/17 Review/Analyze of file to be sure all fact witnesses are listed for KLR 1.20 trial disclosure due 1117117, 11/03/17 Review/Analyze of file to be sure all trial exhibits are listed on KLR 1.10 disclosure due 11/7117. 11/07/17 Draft/Revise Defendant's disclosure of fact and expert witness DPC 0.80 list for trial. 11/08/17 Draft(Revise Notice of production from Non Party directed to DPC 0.20 Palm Beach Urgent Care, Kindred Hospital, Aberdeen Physical Therapy, Progressive Insurance and Bethesda Hospital for Spencer Andrews. 11/08/17 Draft/Revise Subpoena for records and Statement of KLR 0.20 Assurance directed to Palm Beach Urgent Care for Spencer Andrews. 11/08/17 Draft/Revise Subpoena for records and Statement of KLR 0.20 Assurance directed to Kindred Hospital for Spencer Andrews. 11/08/17 Draft/Revise Subpoena for records and Statement of KLR 0.20 Assurance directed to Aberdeen Physical Therapy Fitness for Spencer Andrews. Page 371 of 508 Client: City of Boynton - December 21 2017 Matter: 12152 - Andrews v. Haugh et al. '.r- * Date or Hours 11/08/17 DraftlRevise Subpoena for records and Statement of KLR 0.20 Assurance directed to Progressive Insurance Agency, Inc. for Spencer Andrews. 11/08/17 Draft/Revise Subpoena for records and Statement of KLR 0.20 Assurance directed to Bethesda Hospital for Spencer Andrews. 11/08/17 Draft/Revise Notice of Production from Non Party directed to DPC 0.20 Bethesda Hospital for Brandon Andrews. 11/08/17 DraftlRevise Subpoena for records and Statement of KLR 0.20 Assurance directed to Bethesda Hospital for Brandon Andrews. 11/08/17 Draft/Revise Subpoena for records and Statement of KLR 0.20 Assurance directed to Bethesda Hospital for Christopher Andrews. 1108117 Draft/Revise Notice of Production from Non Party directed to DPC 0.20 Bethesda Hospital and Dr. Nachi Oko for Christopher Andrews. 11/08/17 Draft/Revise Subpoena for records and Statement of KLR 0.20 Assurance directed to Dr. Nachi Oko for Christopher Andrews. 11/13/17 Review/Analyze of file to determine relevant documents in KLR 0.90 support of update depositions of Brandon, Christopher, and Spencer Andrews on 11117117. 11/14/17 Comm unicatelOther External Correspondence to Palm Beach DPC 0.20 County Clerk of Courts regarding our Public Records Request for Spencer Andrews. 11/14/17 Comm unicatelOther External Correspondence to Palm Beach DPC 0.20 County Clerk of Courts regarding our Public Records Request for Christopher Andrews 11/15/17 Communicate/Other External Correspondence to Palm Beach DPG 0.20 County Clerk of Courts regarding our Public Records Request. for Brandon Andrews. 11/17/17 Review/Analyze case file including depositions and responses AMP 2.60 to discovery in preparation of Defendant's updated depositions of all three Plaintiffs. 11/17/17 Appear For/Attend depositions of all three Plaintiffs in West AMP 2.50 Palm Beach, Fl. (no travel time billed). 11/27/17 Draft/Revise Notice of Production from Non -Party directed to DPC 0.20 Dr. Michael Burke. 11/27/17 Draft/Revise Subpoena for Records and Statement of KLR 0.20 Assurance directed to Dr. Michael Burke. 11/27/17 Communicate/Other External Telephone conference with the KLR 0.20 Palm Beach County Clerk of Courts regarding the check for records. 11/27/17 Draft/Revise Notice for Production from Non -Party directed to DPC 0.20 Dr. Nachi Oko. 11/27/17 Draft/Revise Subpoena for records and Statement of KLR 0.20 Assurance directed to Dr. Nachi Oko. Page 372 of 508 Client: City •o' Beach AndrewsMatter: 12152 - Haugh '• i Date 11/29/17 DraftlRevise Expert request to produce to Plaintiffs. 11/29/17 Draft/Revise Experts interrogatories to Plaintiffs. 11/29/17 Multiple communications with Kevin Anderson re: requesting UMC hearing on Plaintiffs Motion for Leave to Amend Complaint for Punitive Damages claim and advising we will not agree to same as it must be specially set. :J ENNI 5TTr*TkTn- W =1 WA lei Attorney DPC 0.70 DPC 0.60 DPC 0.40 Code AMP Aaron '. p- o Associate1 140-00 714.00 DPC Danna P. Clement, Partner 5.30 165-00 874.50 KLR Kathryn L. Reeves, -.a 80.00 432.00 Total Professional Services 16.80 $�2,020.60 Date Description 11/16/17 Deposition Transcripts #1177 Depo Vincent Haugh re: Andrews - Helen Daeder's Reporting 11/16/17 Deposition Transcripts #1177 Depo Vincent Haugh re: Andrews - Helen Daeder's Reporting 11/22/17 Outside Printing copies, re: Andrews - Sharon R. Bock, Clerk and Comptroller Photocopies thru 11/30/17 Total Disbursements Payments & Adjustments: Total e: Amount -233.20 233.20 4.00 10.80 2,035.30 Page 373 of 508 iri II mwi&le �'. 1 • ■ I •t 7; City of Boynton Beach' r1 a • P.O. :a;: 310 CLIENT: City of Boynton MATTER: Broberg v. Boynton Beach et al. Claim #001470 -000390 -EP -01 BILL FOR FEES AND COSTS THROUGH 11/30/17 - 019 4*1101MR914M1:+3 �. 11/01/17 Receipt and review of news article from Palm Beach Post concerning opening day of criminal trial for officers. 11/01/17 Correspondence to City Risk Manager Julie Oldbury re: article on start of criminal trial. Attorney Hours LHR 0.30 LHR 0.20 11/02/17 Receipt and review of news article from Palm Beach Post LHR concerning prosecution not calling Mr. Braswell as witness in case against officers. 11/02/17 Correspondence to City Risk Manager Julie Oldbury re: news LHR article concerning prosecution not calling Mr. Braswell as witness in case against officers. 11/02/17 Attendance at hearing on Defendant City's Motion to Strike LHR Plaintiffs Reply to Defendant's Affirmative Defenses before Judge Garrison at the Palm Beach County Courthouse in West Palm Beach, FL. 11/02/17 Receipt and review of e-mail from Suzanne Crawford re: LHR depositions of her husband Christopher and herself, and requesting to coordinate same through her prior counsel for this case, Harriett Lewis. 11/02/17 Preparation of email response to Suzanne Crawford re: LHR depositions of her husband Christopher and herself and acknowledging her request to coordinate same through her prior counsel for this case, Harriett Lewis, and will so comply. 11/03/17 Receipt and review of Court's executed Order on Defendant's LHR Motion to Strike Plaintiffs Reply to Defendant's Affirmative Defenses. 11/03/17 Correspondence to claims adjuster Julie Oldbury re: outcome of LHR hearing on Defendant's Motion to Strike Plaintiffs Reply to Defendant's Affirmative Defenses and Court's Order on same. 0.30 owl 2.50 ME W11 0.30 Page 374 of 508 Client: City of Boynton Beach DeceMatter: 15414 - Broberg v. Boynton Beach et al. Page 2 mber Date Services Attorney 11/03/17 Receipt and review of news article from Palm Beach PostLHR 0.30 concerning testimony of Sgt. Aiken. 11/04/17 Correspondence to City Risk Manager Julie Oldbury re: news LHR 0.20 article from Palm Beach Post concerning testimony of Sgt. Aiken. 11/04/17 Receipt and review of news article from Palm Beach Post LHR 0.30 concerning Defendant officers likely not testify in criminal case. 11/04/17 Preparation of e-mail to Harriett Lewis, Esq., prior counsel for LHR 0.20 Crawford, re: depositions of Suzanne and Christopher Crawford. 11/04/17 Receipt and review of email response from Harriett Lewis, LHR 0.20 counsel for Suzanne Crawford, re: depositions of Suzanne and Christopher Crawford and need for same to be conducted in Asheville, NC. 11/06/17 Correspondence to City Risk Manager Julie Oldbury re: news LHR 0.20 article from Palm Beach Post concerning Defendant officers likely not testify in criminal case. 11/06/17 Preparation of e-mail to Harriett Lewis, counsel for Suzanne LHR 0.20 Crawford, re: depositions of Suzanne and Christopher Crawford in Asheville, NC. 11/07/17 Receipt and review of e-mail from Plaintiffs counsel Alvarez re: LHR 0.20 depositions of Suzanne and Christopher Crawford. 11/08/17 Receipt and review of news article from Palm Beach Post re: LHR 0.30 Boynton Officers not testifying and case going to jury today. 11/08/17 Correspondence to City Risk Manager Julie Oldbury re: news LHR 0.20 article from Palm Beach Post re: Boynton Officers not testifying and case going to jury today. 11/09/17 Receipt and review of News article from the Palm Beach Post LHR 0.30 re: Jury deliberating Boynton police excessive force case. 11/09/17 Correspondence to Julie Oldbury, City, re: News article from LHR 0.30 the Palm Beach Post re: Jury deliberating Boynton police excessive force case. 11/09/17 Receipt and review of e-mail from Harriett Lewis, counsel for LHR 0.20 former City employees Suzanne and Christopher Crawford. 11/10/17 Receipt and review of News article from Palm Beach Post re: LHR 0.30 Jurors find Boynton cop guilty in beating. 11/10/17 Correspondence to Julie Oldbury, City, re: News article from LHR 0.30 Palm Beach Post re: Jurors find Boynton cop guilty in beating. 11/10/17 Receipt and review of e-mail from Christine O'Brien, claims LHR 0.20 representative, re: news articles from Palm Beach Post. 11/10/17 Preparation of email response to Christine O'Brien, claims LHR 0.20 representative, re: news articles from Palm Beach Post. Page 375 of 508 Client: City o Boynton Beach Matter: 15414 - Broberg v. Boynton Beach et al. i Date Services 11/13/17 Telephone conference with US Attorney Stephen Petrie re: status of requested tapes from the FBI now that initial criminal cases have concluded. 11/14/17 Receipt and review of correspondence from FBI re: status of documents pertaining to Plaintiff, Leif Broberg, pursuant to subpoena for records. 11/14/17 Receipt and review of news article from Palm Beach Post concerning start of criminal trial for Sgt. Antico. 11/15/17 Correspondence to City Risk Manager Julie Oldbury re: news article from Palm Beach Post concerning start of criminal trial for Sgt. Antico. 11/15/17 Receipt and review of news article from Palm Beach Post concerning status of criminal trial and beginning of jury deliberations. 11/16/17 Receipt and review of news article from Palm Beach Post concerning jury reaching verdict in 2 of 3 charges against Antico. 11/16/17 Receipt and review of news article from Palm Beach Post concerning Sgt. Antico being found guilty of obstruction of justice. 11/17/17 Correspondence to City Risk Manager Julie Oldbury re: two news articles concerning criminal trial of Sgt. Antico. December 1, 2017 concerning Sgt. Antico being found guilty of obstruction of Page 3 Aftorney Hours LHR 0.40 LHR 0.40 LHR 0.30 LHR 0.20 LHR 0.30 LHR 0.30 LHR 0.30 LHR 0.20 11/20/17 Correspondence to City Risk Manager Julie Oldbury re: article LHR MI' Page 376 of 508 concerning Sgt. Antico being found guilty of obstruction of justice. 11/21/17 Receipt and review of news article from Palm Beach Post LHR 0.30 concerning Chief Katz retiring from Boynton and taking position with Chesterfield County, VA. 11/22/17 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 retirement of Boynton Beach Police Chief Katz. 11/28/17 Correspondence to Julie Oldbury, City, re: Defendant, City of AGA 0.30 Boynton Beach's Motion to Overrule Objections and Compel Better Responses to Defendant's Request for Admissions. 11/28/17 Correspondence to Ricardo Reyes, counsel for Plaintiff, re: AGA 0.30 Defendant, City of Boynton Beach's Motion to Overrule Objections and Compel Better Responses to Defendant's Request for Admissions. 11/29/17 Receipt and review of e-mail from excess carrier Christine LHR 0.20 O'Brien re: her questions concerning impact of Brown & Antico's conviction on City's exposure in case. 11/29/17 Preparation of email response to claims adjuster Christine LHR 0.60 O'Brien re: input and analysis concerning impact of Antico & Brown convictions on case as well as retirement of Chief Katz & impact on case, and discussions as to defense strategy. Page 376 of 508 Client: City of Boynton Beach Matter: 15414 - Broberg v. Boynton Beach - Date Services 11/30/17 Receipt and review of e-mail from excess carrier Christine O'Brien re: further discussing valuation of case and defense strategy. 11/30/17 Preparation of email response to excess carrier Christine O'Brien re: further discussing valuation of case and defense strategy including handling of witnesses Katz, Crawford & Crawford, who have all retired, and potential mediation after the new year. 11/30/17 Receipt and review of second e-mail from excess carrier Christine O'Brien re: agreements with defense strategy and potential mediation after the new year, Code Name AGA Andrea G. Amigo, Partner LHR Lyman H. Reynolds, Jr., Partner Total Professional Services December 13, 2017 Page 4 Attorney ours LHR 0.20 LHR 0.20 Hours 0.60 165.00 13.00 165.00 13.60 Date Description 11/02/17 Court Reporter #173917: Proceedings taken but not transcribed before Judge Garrison, 1112117. - Florida Court Reporting 11/16/17 Costs Advanced WPB: attend hearing, Defs M/Strike Plfs Reply to Affirmative Defenses. Parking. - Lyman H. Reynolds, Jr. Total Disbursements • • likIkIIIIIIIIIIIJ Balance Forward: Payments & Adjustments: Amount 99.00 2,145.00 4 2,337.00 1 Page 377 of 508 ROBERTS,EDARD ! 4 470 Columbia Drive, Suite C-101 West Palm Beach,! 409 Telephone (561)688-6560 Tax R No.6 00448.7 City of Boynton - P.O.Attn: claims@bbfl.us Box 310 BpXnton Beach,33425-0310 NI Fri :k . 11/27/17 Review of briefs and law in preparation for oral argument on appeal by BOSP. 91/27/17 Telephone conference with Mike Cirullo re: oral argument and recent decision of Fourth on governmental liability. 11/27/17 Telephone conference with City Attorney Mike Cirullo re: recent decision by the 4th DCA which may have impact on case. 11/28/17 Preparation for and attend oral argument at Fourth District Court of Appeal in West Palm Beach, FL 11/29/17 Correspondence to City Risk Manager Julie Oldbury re: outcome of Oral Argument before 4th DCA. Mel 5•RVA 11H Code Name Hours GPR1 George P. Roberts, Jr., Of Counsel 7.40 LHR Lyman H. Reynolds, Jr., Partner 0.30 Total Professional ►• '' bill 032 13214 GPR1 0.30 LHR 0.30 GPR1 3.50 Rate Amount 00 1,221.00 165-00 4• .50 $1,270.60 Page 378 of 508 Client: City of Boynton Beach Matter: 13214 - Boynton Old School v. Boynton Beach CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: 1,270-50 359.70 1,270.50 Page 379 of 508 6.N. CONSENTAGENDA 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Approve the minutes from the Regular City Commission meetings held on December 19, 2017 and January 2, 2018. EXPLANATION OF REQUEST: The City Commission met on December 19, 2017 and January 2, 2018 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non -budgeted N/A ALTERNATIVES: Do not approve the minutes STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Minutes Minutes Description Minutes 12-19-17 Minutes 01-02-18 Page 380 of 508 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY DECEMBER 19, 2017, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor Mack McCray, Commissioner Christina 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 Commissioner McCray gave the invocation Lori LaVerriere, City Manager Jim Cherof, City Attorney Judith A. Pyle, City Clerk Pledge of Allegiance to the Flag led by Commissioner Romelus Commissioner Romelus led the Pledge of Allegiance to the Flag. Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Vice Mayor Katz requested to remove item 5 .D, and added an item to Future Agenda for discussion about the Certificate of Cooperation with the Federal government. Mayor Grant moved item 5. B, before Public Audience, and added item to New Business F regarding the CRA and the Florida Housing Finance Corporation. 2. Adoption Page 381 of 508 Meeting Minutes City Commission Boynton Beach, Florida Motion December 19, 2017 Commissioner McCray moved to approve as amended. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. 2. OTHER A. Informational items by Members of the City Commission Commissioner Casello wished everyone a Merry Christmas, Happy Holiday, a Happy Healthy and Prosperous New Year. Indicated he met with Bradley Miller of Miller Land Planning. Commissioner Romelus noted she met with Bradley Miller, of Miller Land Planning. Wished evei-yone a Merry Christmas and a nappy New Year. Mayor Grant wished everyone a Happy Holiday and a wonderful New Year. Attended the screening of "On the Town" which aired on WXEL - South Florida PBS and WPBT2 South Florida PBS Dec. 23 and Dec. 24; on WXEL at 5:30 p.m. and on WPBT2 at 7:30 p.m. Mayor Grant attended the Finnish Centennial and the Business Development Bureau "Arts means Business". Attended WGI breakfast, met with First Street Foundation. Attended a ceremony at Cross Point and the Boynton Beach Chamber of Commerce luncheon at Benvenuto Restaurant. Also attended the Public Works luncheon and the PBA luncheon. On Dec 14, Mayor Grant attended the (TPA) Transportation Planning Agency meeting, moving towards not just widening roads but making it multi modal. Attended the NAMI (National Alliance for Mental Illness), Boynton Intracoast Group luncheon, had a meeting with Hack Lab. Met with the Church of Latter Day Saints. Attended the retirement of Chief Sergio Sandoval. He attempted to attend the Quantum Board Property Owners Association meeting; he showed up at 7:10 pm but the meeting was over. Stopped by the Boynton Beach High School to watch basketball, but they were not there, but the soccer team was. On December 18 met with Bradly Miller regarding Eden Ridge, lighting the Boynton Beach menorah in the mall for the 23rd annual menorah lighting. Met with Jay Boggess, Principal at South Tech High School. Commissioner McCray met with Bradley Miller. Attended the ribbon cutting for The Orchard store. Attended the Chamber of Commerce luncheon. Wished everyone Merry Christmas and Happy Holiday. Vice Mayor Katz met with Bradley Miller. Wished everyone a Happy Holiday. 4 Page 382 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. City offices will be closed on Friday, December 22nd and Monday, December 25th in observance of the Christmas holiday. City offices will also be closed on Monday, January 1, 2018 in observance of New Year's Day. Mayor Grant announced the closing of City Hall for the above dates. B. Announcement that Boynton Beach is featured on "Our Town", a South Florida PBS television show.. Mayor Grant announced the City of Boynton Beach was being featured on "Our Town" a South Florida PBS television show. C. Recognition of Boynton Beach Police Chief Jeffrey Katz for nearly 20 years of dedicated service to the City of Boynton Beach by the City Commission. Mayor Grant recognized Police Chief Jeffrey Katz for nearly 20 years of dedicated service to the City of Boynton Beach. Chief Katz stated next to being a father and husband, serving the residents of the City of Boynton Beach in the capacity of Police Officer to Police Chief was the best thing to happen in his life. He said the past 19 years had been an honor. He was grateful for so many people, from the staff to the residents of Boynton Beach. Chief Katz stated the definition of a hero was someone who put others before themselves; in so many respects he sees this day end and day out, both in Law Enforcement and the Fire Services. He said beyond a doubt Lori LaVerriere, City Manager has been the best boss he has ever had; she has supported him and the Commission. He was thankful for Jim Cherof for his wise counsel. He has been surrounded by a great team. Commissioner McCray noted it was a pleasure working with the Chief. D. Present an Award of Appreciation to Mr. Steven Waldman for 19 years of dedicated volunteer service to the City of Boynton Beach. Mayor Grant presented the appreciation award to Mr. Steven Waldman for 19 years of dedicated service to the City of Boynton Beach. Mr. Waldman noted as a former teacher he always had something to say. He thanked all of the Commissioners and the people of the City of Boynton Beach. Commissioner McCray thanked Mr. Waldman for his many years of service. Commissioner Casello said he has admired Mr. Waldman from afar. He has made a difference in so many lives, he should be proud of those accomplishments. 3 Page 383 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 E. Present a Certificate of Achievement from Mayor Grant to Padmashwarie (Padma) Jadunandau, a recent Career Online High School (COHS) Graduate. Padma was awarded a COHS Scholarship from Library staff in November 2016. Padma graduated within 11 months with a 4.0 grade point average. Mayor Grant presented a Certificate of Achievement to Padmashwarie Jadunandau. Padmashwarie Jadunandau wanted to thank Jeannie Taylor from the Library and the City of Boynton Beach for the opportunity to be granted a diploma. Jeannie Taylor, City of Boynton Beach Librarian, remarked the Library enjoyed helping Padma in her lifelong learning experience and goal. Ms. Taylor noted the Library has five scholarships available to City residents at least 19 years of age and having a library card. Commissioner Romelus indicated this was a very successful program. This program allows residents to earn their high school diploma. She thanked the Library staff for implementing this program. F. Presentation of the awards to the Annual Holiday Parade Award participants that were recognized for their outstanding performance, presented by Mary DeGraffenreidt, Program & Events Manager. Wally Mayors, Parks and Recreation Director, recognized Mary Degraffenreidt, Program and Events Manager and Stephanie Soplop Recreation and Assessment Specialist. These two staff were the leads in planning the Annual Holiday Parade event. The Recreation Department was recognizing four categories: • Best Marching Unit — Diamond and Pearls dancing units. • Best Performance by a Marching Band - Galaxy E3 Drum line, Dynamic Marching Band. • Most Creative — Little Ms. America, Alicia Thomas • Most Outstanding Float- Southern Custom Iron and Art. Commissioner McCray thanked everyone for a job well done. Item moved from S.B. B. Discuss and approve the City of Boynton Beach Legislative Priority List for the 2018 State of Florida Legislative Session - Mat Forrest Mathew Forrest, Ballard Partners, lobbyist, explained there were more than 1000General Bills filed. The Legislature meets from January 9, 2018 to March 9, 2018. Page 384 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 He indicated there were some unfunded mandates imposed on local governments which would be opposed through the legislative or budget process. There were some preemptions regarding the vacation rentals, and the CRA's. There was legislation regarding impact fees for developments and how and when they can be used and how they are collected. The Red Light Camera was set to be repealed. There was a Bill regarding tree trimming on private property. Senator Mayfield introduced a Bill which would allow Cities to regulate smoking in parks. The economic projections are showing a very small surplus. He explained multiple hurricanes have hit the state in the past year. There are 1210 projects being pushed in the state legislator totaling $1.913. The City of Boynton Beach has 3 projects. HB 3187 Mangrove Park Water Quality and Access Improvement by Representative Jacquet and Senator Rader. HB 3863 Alternative Reclaimed Water Supply Project by Representative Slosberg and Senator Rader. HB 2895 Boynton Beach Fuel Cell Power Generation by Representative Jacquet and Senator Powell. As the process goes he advised to stay engaged. Commissioner Romelus wanted to commend Mr. Forrest for the work he was doing in Tallahassee for the City of Boynton Beach. Mayor Grant inquired about the Constitution Revision Commission. Mr. Forrest explained every 20 years the State of Florida has a Constitution revision Commission appointed. The Commission has about 30 plus members. He indicated it was much like a legislation body they hear ideas and proposals for amendments that will go on the November 2018 ballot. If approved by 60% of voters these amendments are incorporated into the Constitution. He noted some of those have dynamic impact to local government, others do not. Mr. Forrest indicated there are about 70 to 100 proposals. Commissioner McCray thanked Mr. Forrest for his many years of service. Noted Representative Slosberg presented a bill on texting and driving. The City of Boynton Beach sent a resolution. He wanted Mr. Forrest to know the City was in support of the Bill. Vice Mayor Katz looked forward to being in Tallahassee in January 2018. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS W ILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) Mayor Grant opened public audience. Representatives of Palm Beach County Film and TV Commission informed everyone the City of Boynton was featured in "On the Town in the Palm Beaches". This was a 5 Page 385 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 show to highlight the many different areas in Boynton Beach. Thanked the City of Boynton Beach for allowing them to showcase the area. Clifford L. Bell, MLK Quick Stop, indicated MLK Quick Stop was not a bad store. The police would come in and do what they wanted without permission. He continued stating the Police Department does not pay attention to what was happening around the area. He spoke with Mr. Hayes regarding the Family Dollar store. He asked to look at call logs. They have stealing, overdoses, and all types of crime. When you have white and Spanish people around, they come looking for drugs like heroin. When the police have problems, they blame MLK Quick Stop. Police have never found drugs on MLK Quick Stop. MLK Quick Stop was not the drug problem. He said the guys that are selling the drugs are the problem; he cannot tell the people where to go. He does not allow anyone to sell drugs in or around the store. He has called Commissioner McCray because when a family was waiting on food the police told them that they had to leave. This was not right. Commissioner McCray said he requested Mr. Bell to come tonight to present his issues to the Commission. He represents District II. Thanked Mr. Bell for attending the meeting. The Commission has heard what was said. indicated it was now on record. Minister Bernard Wright, CEO Bernard Wright Ministries, Real Talk Radio, was at the Commission meeting with the mother of Kunta Kinta. This has been a very sensitive issue. During the time the mother was burying her child some things have been reported from the Police Department. Especially from Captain Burdelski who said this was good for the community, and he was glad that this mother's son was dead. This community was infuriated of what was being reported by the Palm Beach Post. Minister Wright indicated there was an alleged killing and it has been said her son was a bad guy. Having her sons faces in the newspaper and making our community look like we are all criminals. He wanted to touch on the MLK store; nothing happens at the store. He indicated this was an isolated incident. He noted the Police Department was trying to glorify criminal activity. Commissioner McCray asked the name of the officer. Minister Bernard Wright indicated the name of the police officer was Captain Burdelski Gladys Riddick, mother of Kunta Kinta, noted her son was killed. She did not appreciate what Captain Burdelski said about her son. Her son did not deserve to die. Ms. Riddick stated if you don't know the answer to a question, you need to ask. She indicated Captain Burdelski said he was happy that her son was dead. She wants an apology. He was wrong for saying that about her son. As for the person who wrote those things in the newspaper, they need to get their facts straight. She indicated she wanted an apology from the Palm Beach Post. Mayor Grant offered his condolences. Page 386 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Dorcin Louisny, Growing Strong Ministry, thanked the City of Boynton Beach for providing support to the ministry. To show appreciation Growing Strong Ministry presented to Boynton Beach with a certificate of appreciation presented to Boynton Beach for your loyalty to the Community. Alexandra Odette thanked the Commission for bringing the issue of Sanctuary City. It was disappointing how everything happened. Black Women have been the voice of decency in this county. History will know that Commissioner Romelus left a positive mark. She said people who did not stand up for the right thing will fall. When children go to school and have to fear going home to parents that may have been deported this was not right. Mahti Mugilan Paguth Arivalan, 5102 Mahogany Drive, indicated he would like to bring up what happen at the last City meeting. Being a Ione woman, Commissioner Romelus boldly stood up and explained what a Sanctuary City was. She still pursued and stood up for the people who were undocumented. The undocumented immigrants would be less likely to report crimes. Police officers are likely to be caught in the middle, between public worry about illegal immigrants and how to build trust. The last meeting revealed the lack of knowledge on the whoie immigration issue. Vice Mayor Katz was exercising Trumpism when he was morally equating racist anti -immigrant with those who are protesting racists. It was a shame that he does not understand the 10th Amendment and was teaching school children. Mayor Grant, Commissioner McCray and Commissioner Casello have given in to the demands of white Supremists and their lack of understanding of the 10th Amendment. They also exhibit the stands on how they represent the community. He said by law a local city can become a Sanctuary City. He said very few people have spoken to their President but most have spoken with their Mayor or Commissioners. Windy King, 1361 NW 91St Way, Coral Springs, wanted to thank the Commissioner for bringing this to the City, emotions was running high. Stated becoming a Sanctuary City does not mean the City would refuse to cooperate with Federal law. It does not mean the Commission is telling the police not to cooperate with Federal agents. Local police are not trained in immigration law. She would like to see a policy in place to protect the large number of people which has protected status. She said Palm Beach County Schools do not disclose children citizenship status. Flavio Franco, 802 North C Street, commended Commissioner Romelus. She was discourage and ashamed of the anti- immigrant rhetoric. She indicated she works in Riviera Beach. Every single person that works with her was an immigrant. When speaking of a Sanctuary City they are talking about protecting us. What about the 12M that do not have the protected status. Mary Law, 3481 South Seacrest Boulevard, inquired about a written opinion regarding fireworks. She said individuals need not set them off if the City would be having a firework display. Noted there was a Florida statute which stated fireworks could only be 7 Page 387 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 use to scare the birds away. These businesses are making people lie to get fireworks. She lives near the Searcrest scrub. Ms. Law stated the fireworks begin a couple of day before and after holidays. The fireworks are set off until 2 to 3 o'clock in the morning. The people aim the fireworks at the Searcrest Scrub. The fireworks are aimed at her property. The next morning she goes on her roof and in her pool. She stated by allowing this one day a fire will be started. She has gone around her neighborhood to see if she could get the people to stop. She asked the police if they could stop it, she was told this was not allowed. She was told the Chief of Police said they could only tell the people to try and make it safe. Mayor Grant noted he does not know what they can do as a City. This was preempted by the state, regarding their registration. His suggestion would be to get an attorney or research what can be done. Ms. Law asked if we could stop the residents from using fireworks. Mayor Grant stated they can anyplace to purchase the fireworks. Ms. Law indicated the Police departments are being placed in harm's way. She would get a statement from the City. Mayor Grant stated no. Ms. Law stated the City is in violation of Florida Statutes. Chris Montague, 222 West Ocean Avenue, offered an opinion. There was clearly a large amount of division within the City of Boynton Beach. There was need for a discussion. Perhaps a Sanctuary City or a special townhall meeting should be held. He was disappointed in the profanity spoken. Dr. Piotr Blass 113 Tara Lakes Drive, supported Commissioner Romelus. He believes Haiti and U.S. will have a common market. Dr. Blass stated while this was very important he would like less stress. There are some other goals the City needed to address. For many years he has been working on the University of Boynton. He explained the City of Boynton Beach needs to lift education to a higher level. This City was very rich in other ways. It seems Lake Worth was stealing his ideals. He believes that the mall was dying and should be replaced by a huge building belonging to the City. He stated there would be no taxes in the City. Alec Knowles Tylor speaking on behalf of Women's March, stated the mission of Women's March was to harness the political power of diverse women and their communities to create transformative social change. Women's March was a women -led movement providing intersectional education on a diverse range of issues and creating entry points for new grassroots activists & organizers to engage in their local communities through trainings, outreach programs and events. Women's March was committed to dismantling systems of oppression through nonviolent resistance and building inclusive structures guided by self-determination, dignity and respect. Their mission was to stand up. She was hoping the City would speak about Cindy Falco DiCarrodo. They have a lot of questions about Cindy Falco Dicarrodo. She was hoping the City could do a better job of appointing people which were going to have a lot of influence on the minority community. E:3 Page 388 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Roma Young, 101 South Federal Highway, wanted to piggy back on what was said about Family Dollar. She saw a drug deal going down behind the Family Dollar store. She was a retired investigator from the State of New Jersey. She expected someone to arrest the guy. Mayor Grant seeing no one else coming forward, closed Public Audience. Mayor Grant answered the questions regarding vacancies. The City does not have a social media request. The applications are available online. The City of Boynton Beach has vacancies. No one else decided to volunteer. Commissioner Romelus wanted to add, we as the Commission bear the responsibility to be more vigilant. The Commission has a duty to the public to protect them. She said when we have individuals who were blatantly violating those rights we need to do something. This was something that was very disturbing. We have a responsibility to look at these applicants that they do not propose a hazard to our City. Commissioner Casello inquired how that can be done. How do we vet those people, do we get a background check. We take them at their word. Mayor Grant said we could get their social media information. Commissioner Casello stated we need to take them at their word. If we find out later, then the Commission could dismiss them. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Employee Pension Board: 2 Regs Historic Resource Preservation Board: 1 Reg Library Bd: 1 Alt Planning and Development Bd: 1 Alt Senior Advisory Bd: 1 Reg and 2 Alts Motion Commissioner McCray moved to nominate Cathy McDeavitt to the Employee Pension Board (REG). Mayor Grant seconded the motion. 0 Page 389 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Vice Mayor Katz asked if they checked her social media account. Vice Mayor stated we cannot move forward since we have a motion on the floor. Until we develop a social media vetting process. Mayor Grant stated Ms. McDeavitt, was a retired City of Boynton Beach employee. She has been part of the City for a long time. Mayor Grant passed the gavel to Vice Mayor Katz. Commissioner McCray said as long as this City has been in existence, everyone that has been on the board have been vetted. We have had one person that was a bad apple. Everyone who have come and served on the board are good people. Vote 2-3 motion failed (Commissioner Romelus, Commissioner Casello, and Vice Mayor Katz) Motion Mayor Grant moved to nominate Michael Wilson to Historic Resource Preservation Board (REG). Vice Mayor Katz seconded the motion. Vote The motion unanimously passed Motion Commissioner Casello moved to table nomination for the Planning & Development Board. Vote The motion unanimously passed Motion Mayor Grant moved to nominate Lucas Vogel for the Planning & Development Board (REG) Commissioner McCray seconded the motion. Vote 2-3 motion failed (Commissioner Romelus, Commissioner Casello, and Vice Mayor Katz) r"C Page 390 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Motion Commissioner McCray nominated Terry hams to the Senior Advisory Board (REG). Mayor Grant seconded the motion. Vote 2-3 motion failed (Commissioner Romelus, Commissioner Casello, and Vice Mayor Katz) Commissioner McCray stated they hope they do not lose good qualified individuals. The citizens said they wanted unity. The City does not have volunteers now. Mayor Grant stated that the people that are volunteering now have their resume for all to review. C. Discuss and approve the City of Boynton Beach Legislative Priority List for the 2018 State of Florida Legislative Session - Mat Forrest- (Item moved before Public Audience) D. Commissioner Romelus attended the Florida League of Cities 2017 Legislative Conference and wanted to update the Commission on information relating to Amendment 1 that was presented. Commissioner Romelus showed a video. Stated this amendment will be on the ballot for November 2018. This was something that will impact the public. The majority would be losing. This would impact City of Boynton Beach budget. Commissioner McCray indicated in his district some homeowners do not pay taxes. E. Commissioner Casello has requested this item be placed on the agenda for the Commission's discussion regarding advisory board member Cindy Falco- DiCorrado. Ms. Falco-DiCorrado currently serves as a board member on the CRA Advisory Board and the Arts Commission Board. (Item removed from the agenda) 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R17-126 - Authorize the Mayor to sign the Interlocal Agreement between the City of Boynton Beach and the School Board of Palm Beach County for the mutual use of recreation facilities. 11 Page 391 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 B. PROPOSED RESOLUTION NO. R17-127 -Amend the FY 2017-2018 budget which will adjust budgeted appropriations and revenue sources and provide spending authority for prior year Capital Improvement Projects (CIP) Purchase Orders and approved projects that need to be rolled into the current fiscal year. C. Accept the written report to the Commission for purchases over $10,000 for the month of November 2017. D. Legal Expenses - November 2017 - Information at the request of the City Commission. No action required. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve the Consent Agenda. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the purchase of new and replacement vehicles as approved in the FY2017/2018 budget in the estimated amount of $1,729,507.31 by utilizing the following contracts: Florida Sheriff's Association Contract #FSA17-VEH25.0 and Florida Sheriff's Association Contract #FSA1 7-VEH1 5.0. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. B. Approve utilizing the City of West Palm Beach Supplemental Staff Agreement with U.S. Water Services Corporation (ITB 16-17-119) for water and wastewater operation and management services thru September 30, 2018 for an amount not to exceed $175,000. The West Palm Beach procurement process satisfies the City's competitive bid requirements. 12 Page 392 of 508 Meeting Minutes City Commission Boynton Beach, Florida Mayor Grant asked for a motion. Motion December 19, 2017 Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed.. C. Approve the purchase of new and replacement vehicles as approved in the FY2016/2017 budget in the estimated amount of $504,472.45 by utilizing the following contracts: Florida Sheriff's Association Contract #FSA16-VEL24.0, FSA16-VEH14.0, Florida State Contract #21100000-15- 1 & NJPA Contract #112014 -THC. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17-037- FIRST READING - Approve Eden Ridge Rezoning (REZN 18-001) from R -1 -AA Single -Family Residential District to R -1- A Single -Family Residential District. Applicant: Aldo Kosuch of Eden Ridge, LLC.. Attorney Cherof read Proposed Ordinance No. 17-037 by title only on First Reading. Attorney Cherof swore in all who would testify. Bradly Miller, Miller Land Planning, 508 E. Boynton Beach Boulevard. indicated this was a rezoning application. Changing the zoning designation from R -1 -AA to R -1-A. 13 Page 393 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 This was a 2.4 acre property near the south end of the City. The land was located on the east side of Seacrest Boulevard. Some of the surrounding uses of the property was St. Joseph School, to the north and the east was the Palm Beach Scrub area bound to the property on the east and west side. There was a 2.3 acre property owned by Mary Law. The area to the south was residential where the majority was zoned R -1-A. Rezoning would allow the client to subdivide the property. It would also provide smaller home sites which are more in line with the market. Mr. Miller showed the zoning map form 1973. He showed a zoned R -1-A property. The reason this property was zoned differently was because of the lot size. These were larger tracts of land that were purchased by Palm Beach County in 1980. There has not been much activity to develop property in this area. Mr. Miller said the City has annexed a couple of PUD's. The area has remained the same since 1976. The client has a right to build seven homes on the site. These lots are 84 feet wide. Mr. Miller indicated rezoning to R-1 -A would increase the number of units by one lot. He said it also reduces the size of the lot to 73 feet for those eight lots. This would be a great addition to the south end of the County. Mr. Miller stated the application proposed to change the R -1 -AA to R -1-A. Mr. Miller indicated there was no recommendation from the Planning and Development Board. There were some things that were said that was a little disconcerting. There was some gopher tortoise which was found in the area. His client fully intends to relocate the gopher tortoise. The clients are animal lovers, and do not want to violate the law from the Florida Fish and Wildlife Commission. He indicated there were 24 active burrows; the actual number of gopher tortoises was unknown. He stated this property was a privately owned property; it was not part of the scrub. This was a good plan more in line with the R-1 -A zoned district. Mr. Miller stated his client recognizes there was an environmental concern. He was committed to comply with the Fish and Wildlife Commission in relocating the tortoises. His client would also provide a fence and a hedge along the property edge. There was an existing fence which runs along the north and the east part of the site which was part of the scrub area. This fence was placed by Palm Beach County. He indicated during construction there will be fencing around the area to control the construction activity. There was concern of burning activity. The City Fire rescue asked if his client would entertain a control burn. They are committed to not doing a controlled burn. Mr. Miller said to show his clients commitment; asked if there was a mechanism through the permitting process to contribute another $1000 per lot through the Parks and Recreation impact fee process to help address those environmental concerns. Commissioner Casello inquired why was it zoned R -1 -AA and everything below that was R -1-A. Mr. Miller stated the zoning map from 1976 provided the answer. Where the lot size below the line did not comply with the R -1-A. Those two lots were 2.4 acre. They were joined in with the R -1 -AA. 14 Page 394 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Commissioner Casello asked if it was going to decrease the size of the lot. This would add one extra single family homes. Mr. Miller replied yes. The homes would be on a smaller lot. Vice Mayor Katz stated if the Commission denied the application, the result would be the one extra home would not be built. Commissioner McCray asked how many letters was sent out. Mr. Miller noted there were letters sent out within 400 feet, and there was a sign posted on the property. He stated he did not have the number of letters sent out. Andrew Mack, Director of Development, indicated by looking at the map it, he could assume about 150 letters were sent out. He stated he did not have the list. Commissioner Romelus asked if his client would add a barrier in addition to what has been provided by the County. This would prevent animals from leaving the Scrub and coming on to the developed property. Mr. Miller stated that was something that he was sure could be done. He would need to go through the permitting process. If it helps to place a fence next to the existing fence, they were willing to accommodate the City. Commissioner Romelus inquired if it was adequate enough fencing to prevent the animals from burrowing into the property. Mr. Miller indicated he does not know if that fence goes into the ground. He would entertain putting in a fence; he does not want to jeopardize the Fish and Wildlife Commission. Commissioner Romelus was not aware of what the Fish and Wildlife would do. Mr. Miller said his client would comply with any requirements of the Florida Fish and Wildlife. Commissioner McCray stated this was not the first time gopher tortoise needed to be removed within the City of Boynton Beach. Mayor Grant asked what was the difference in cost between the seven buildings verus the eight buildings. Mr. Miller said the construction cost of the development itself would be the same; it would be the construction cost of developing one more home. Attorney Cherof swore in additional members of the public. Aldo Kosuch , 702 SW 35 Avenue, applicant, stated the overall cost would be similar. The idea would be to build a little bit smaller. He wanted a nice looking property. Mayor Grant asked if he was willing to limit to only eight homes. Mr. Miller indicated he was committed to keep it at 8 homes, whether it would be 71 or 73 lot size. 15 Page 395 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Mayor Grant indicated his client was giving an additional $1000 to Parks and Recreation Department. Mr. Miller stated he does not know if there was an environmental component to this. Mayor Grant stated the City of Boynton Beach hired a Sustainability Coordinator who helps the City with environmental decisions. The Commission will have her make recommendation to where the money would be needed. Commissioner McCrary noted for clarification the $1000 was for each home. Mayor Grant opened Pubic Comments. Stephen Seto, 3404 SE 2" d Street, teacher at Plumosa School of the Arts, Palm Beach County School District, lives along the Preserve. He sees the scrub and the house which most have seen. Because of the elevation of the house he does not want to see two story homes. He does not want to see the trees replaced by cars and homes. This was a poor location for new houses. There was currently too much traffic. This was a county road. The main vein that connects Boynton Beach to Delray Beach downtown. One of the principles of this City was to make it inviting. This would not be part of that vision. The management plan contains the Searcrest Scrub; all living species have been documented in the plan. The owners were unwilling to sell it back. Mr. Seto showed a map of five houses, but the developers would squeeze 8 homes into that site. He said there would be garbage cans along Seacrest. Homes in this location would create crime. How would the fire trucks get down the street? If there was an emergency, maybe the entire scrub would be destroyed by fire. Mr. Seto showed pictures of the burrow, he said the tortoise was a priority. A species that are critically in peril should receive the highest level of care when possible and efforts should be made to increase the population. There are 10 other species in the Scrub area including reptiles, birds and the Cooper hawk. He said the area was beautiful. Having eight homes would completely destroy it. It was the last nature preserve. It was in between Boynton Beach and Delray Beach. It was a small remnant of the rarest nature forest. The Piney Wood forest recharges the underground aquifer. The scrub was on high land, it was about 30 and 40 feet above sea level. If you want to fence it, it does not matter the tortoise will go there. This was the last sanctuary. There was no more natural habitat left. Mr. Seto said there were houses in the neighborhood selling, but no one was buying. Putting more houses in will not help the community. The last home constructed in the area was 1970. He asked the Commission to reject the proposal. Mayor Grant indicated the builder can build without the approval of the Commission. Mr. Seto disagreed. The neighbors are all against it. He read "The City agrees that any real property immediately adjacent to the Seacrest Scrub shall be revised to the protection of the biological community on the preserve, and avoid adverse impact"; that was the interlocal agreement appendix E. Page 396 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Michal Rumpf, Planning & Zoning Director, the City of Boynton Beach was aware of the requirements of the City. This requirement was to notify the people in the area. He was here when the City decided to purchase the property. The City was happy; the property was listed in the City Comprehensive Plan. He does not interpret that as the property cannot be used. Mayor Grant inquired if we can purchase, it would be eminent domain. Mr. Rumpf stated it could be argued this could be taken as eminent domain. Mr. Rumpf stated eminent domain has not been exercised in years. Mayor Grant said there was not an R -1-A adjacent to the property. Would this be considered spot zoning? Mr. Rumpf indicated this would not be considered spot zoning. Mayor Grant requested clarification of why it would not be considered. Mr. Rumpf replied just because the land was not adjacent to the R -1 -AA zoning does not mean that it was spot zoning. Commissioner McCray inquired about the Environmental Protection Agency (EPA) letter addressed to the City. Mr. Rumpf stated he was not aware of a letter from the EPA. Commissioner McCray indicated he wanted to have some clarification of what was stated earlier. It was stated the Seacrest Scrub was the only one in the City of Boynton Beach; there was another scrub on the Northwest Scrub as well as the Galaxy Scrub in Boynton Beach. Mr. Rumpf indicated there was the Upland Habitats, Sand Piper Preserve in Quantum, Rosemary and Galaxy. Commissioner McCray asked if there was anything to prevent granting this developer his request. Mr. Rumpf relied no. Mayor Grant inquired if there anything requiring the City to prevent this rezoning. Mr. Rumpf stated there was not a requirement to approve the request. Mr. Seto said for the record "they are not required to build on the property". He stated it comes down to greed, selfishness. If was a lot more than just what was being read today. Mayor Grant noted the $1000 per lot payment for the Recreation and Park department would that suffice. Mr. Seto said no. Mayor Grant stated there was no amount would satisfy. Mr. Seto stated that they did not walk the land. Please leave the zoning or make it more restrictive or purchase the land. Commissioner Casello the structure that currently sits on the property was that occupied. Mr. Miller stated it was a rental. Commissioner Casello stated there were four different renters. Mr. Miller stated one of the renters was interested in buying the lots. 1i VA Page 397 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Michelle Easey, 3504 SE 1 Street, lives adjacent to Ms. Law property. She has not received a letter. She has not received any official notification. Attorney Cherof asked if she was the property owner. Ms. Easey stated she was. Ms. Easey stated this actually directly affects her property. Commissioner McCray asked if there were letters returned. Michel Rumpf stated he does not have a list of the returned letters. He does not recall which property the returned letters were associated. Dr. Piotr Blass, 113 Tara Lakes Drive, wanted to say that Mr. Seto made a compelling case for protecting the property. He indicated it was unique and beautiful. He would be determined and maintain the beauty of Boynton. He said please do not mess with that. Mary Law, 3481 South Seacrest Boulevard read a letter in the minutes. (See attachment to the minutes) Susan Oyer, 140 SE 27 Way, contended the site has always been scrub, if you look at the neighborhood. It would exactly match up the property. T his was never set up to be seven or eight homes. The one person that lives adjacent to the property was against this. How are you telling this person their quality of life should go down just to add a couple more houses that are not needed? This was spot zoning and everyone knows it. Lisa Saunders, 103 SE 34 Avenue, lives was directly south of Mary Law. The lots are not that small. Her lot was more than a 100 feet wide. The groper tortoise comes in her yard all the time. She does not see where a fire truck can turn around. She did not believe this was good for the neighborhood. There are plenty of homes on the market which no one was buying. Kevin Seto 3404 SE. 2nd Street, this proposal would have a harmful impact on the community. This street leads to a dead-end. This has already caused an issue for the Fire Department. These homes would be forced to park their cars on the street. A project like this does not solve the problem with overpopulation. The bigger issue was the construction of 8 homes being built on a 2 acre lot. Gopher tortoises are a keystone species. A keystone species was an organism that helps define an entire eco system. Without this keystone species, the eco system would be dynamically different or cease to exist all together. The gopher tortoise is seen as a keystone species because it digs burrows that provide shelter for at least 360 other animal species. They are threatened by predation and habitat destruction. He asked how this would impact our future, the safety and the well-being of the residents. These projects bring a high level of traffic and crime. The developers are greedy, they do not live here. They only want fast money. Mr. Seto indicated anyone voting for this rezoning would send a clear message to the community that the Commission do not care about the quality of life for the residents of Boynton Beach. He was proposing that the City of Boynton Beach restrict all proposals which encourage any construction activity on this site. He was proposing the City of Page 398 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Boynton Beach purchase the land and return it to the scrub preserve. Doing this would set an example for this nation and the community we live in. Chris Montague 222 West Ocean Avenue, as a resident of Boynton Beach, was growing very bored with the lack of creativity. He acknowledged the environmentally sensitive area. He acknowledged the desire of the developer of the privately owned land. Mr. Montague indicated the City could rezone some space for developers. Commissioner Romelus indicated this would be spot zoning. Mr. Montague stated the only thing he was seeing were condos. Alan Dinnan, 309 SE 34 Avenue, has been in his home for 34 years. He says not much has happened down there as far as development goes. There were many PUD's, south of St. Joseph. Mr. Dinnan lives in Gulfstream Estates and indicated whatever was being built would impact his property value. The developers want to bring in smaller homes. The developers have not given the purchase price. He inquired about the flooding on Seacrest; the City of Boynton Beach has not solved that problem. He continued, whenever there was a decent rain storm the streets would flood. The water from the rain just sit on the grown until it was soaked up. He asked what the City was going to do about this problem. Richard Lewis, 314 SE 34 Avenue, also in Gulfstream Estate. He has gone through the scrub area. It seems that the City does not have a choice of whether or not to purchase the property. It was distressing to hear that NE 1 street would go to the new homes. Kalina Bonnell, 3504 SE 2nd Street, said the reason they purchased their home was because of the lot size. She believed what was happening in putting 8 homes on smaller lot size would decrease her home value. She wanted to know the value of the homes being constructed. She does not believe this reflects the area. Caitlyn Springer 3404 SE 2nd Street, noted she was a new resident of Florida. She was not aware of the natural landscape of Florida. Earlier Commissioner McCray mentioned there were other scrubs in Boynton Beach. She stated Rosemary Scrub was a very small scrub. She indicated how can you know for sure how the construction and the removal of the tortoise will affect the other species. As you know other species are counting on the gopher tortoise burrows. How do you know the developers are not going to destroy the burrows? This area was supposed to be a well -protected area. The developers do not know what they are doing. She was not sure if they are ready to move forward. Stephen Seto 3404 SE 2nd Street, stated this was scrub area. The gopher tortoises are not designed to be moved out of that area. He wanted to address the other scrub areas; there are two other little small parks. Let's speak about the Galaxy Park. The Commission was already trying to get the School Board to release the restriction on the property. They have someone interested in putting 22 homes on the property. The W01 Page 399 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 other scrub was the Rosemary Scrub. Mr. Seto showed a map of the Rosemary Scrub it reads Western Union. Mr. Seto continued the developers do not need to encroach on the preserve. He said once it was gone it was gone. Aldo Kosuch, 702 SW 35th Avenue, respected everyone's opinion. There was a lot of misinformation given. The Commission has been told that there was no road. There would be a 50 feet wide road. He lives'/ mile away from the scrub. He said this was not the Scrub. There would not be 20 trash cans on Seacrest Boulevard. He stated the City of Boynton Beach would not allow the development without a road and a proper turn around. The City has already approved this. He indicated the homes would be about 3500 square feet. Mr. Kosuch said as far as the number of trees, he would be required to place trees on the property. Commissioner McCray inquired if he walked through the scrub property. Mr. Kosuch stated he has walked the property many times; all of the burrows are not on the property. Regarding SE 1 st Street a road cannot go through SE 1st Street. He does not own that piece of property. Commissioner Casello inquired of the Fire Chief if he felt this street was wide enough to get the trucks and other apparatus through in case of an emergency. Fire Chief Joseph indicated he could not answer the question. This would be addressed during the plan review process. This would be based on State regulations and City of Boynton Beach Ordinances. Attorney Cherof explained it was not answered because the only matter before the Commission was the application for rezoning. This was not a site plan review as Chief Joseph has testified when those types of issues can be addressed. Mr. Miller indicated when this was put together the City has a turnaround detail which was 50 feet by 50 feet for access. He took these plans to the staff to make sure the turnaround would be accommodated. The reason lot 6 which was at the top of the plan and lot 7 the brown area was shorter would be to accommodate the turnaround. The street being constructed was a 50 street right-of-way; 20 feet of pavement and curves on both sides. This was a typical detail of a City street. Commissioner Casello asked if the homes have driveways and garages. Mr. Miller stated they have garages and driveways. They have not gotten into the design of the property. He recognized the comments being made; the developers are not encroaching into the scrub. The developer was purposing to have lot size keeping with the area. Commissioner Romelus stated the Commission needs to be mindful and aware, this was private property. They have the right to build at most 7 homes on this property. It does not encroach or infringe upon the scrub. In addition she asked about the Public Works and fire trucks to travel through this neighborhood. This concern was clear as well. The developers have done its due diligence to insure any concerns were 20 Page 400 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 addressed. In addition they are working with the Florida Fish and Wildlife Commission to relocate the gopher tortoises that are on the property. She believes this developer was working from a place of willingness to actually do things the right way. They are working to follow the guidelines and the protocol. Regardless of what the Commission decides to do they have a right to build on the property. Unless the Commission decides to purchase the property. The point needs to be made clear they have the right to build on the property. Vice Mayor Katz stated the ultimate desire was that nothing gets done. The choice was what was legally permissible. The City was not going to purchase the land. There was no land the City has which was comparable in value. Private property owners have the legal right to build on their property. If this property could have been acquired for the scrub, it should have been acquired at that time. The legal question was would the Commission allow the developer to build one additional house. They have done their due diligence with regards to the streets are in accord with safety standards. He said the threat to the gopher tortoise was not unique. This was not the first time the tortoises have been relocated. In regard with the question to ensure the safe relocation, he was sure they would follow state mandated rules. He cannot oppose someone's property rights. The decision was for one additional house. Attorney Cherof stated there was a Scriver spelling error in the title. Mayor Grant stated the item on the agenda was correct. (7:51 Romelus left the dais, 7:56 returned) Mayor Grant asked for a motion. Motion Commissioner Casello moved to approve. Vice Mayor Katz seconded the motion. City Clerk Pyle called the roll. Vote The vote was 4-1. (Mayor Grant dissenting) B. PROPOSED ORDINANCE NO. 17-036- SECOND READING - Approved Ocean Breeze East Rezoning (REZN 18-002) from MU -1-2 (Mixed Use 2 District) to support the conveyance of CRA -owned land for a mixed-use development on 4.39 acres in the Heart of Boynton District. Applicant: City -initiated Attorney Cherof read Proposed Ordinance No. 17-036 by title only on Second Reading. 21 Page 401 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Commissioner McCray indicated he was happy to see this coming to fruition. This was long waited. Mayor Grant asked for a motion. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. City Clerk Pyle called the roll. Vote The vote was 5-0. C. Approve Soleil Early Learning Academy Conditional Use and Major Site Plan Modification (COUS 18-001 / MSPM 18-001) for the conversion of a one-story, 2,659 square foot office building to a day care facility including related site improvements, located at 201 SW 23rd Avenue / 'Golf road in the C-1 (Office Professional) zoning district. Applicant Cristine Thibodeau. Attorney Cherof swore in witnesses. Cristine Thibodeau, 201 SW 23 Avenue, was proposing to have a daycare facility. She indicated for the past few years she has had great success in her home daycare. She has a waiting list. The families on her waiting list want a small capacity of children per room and individualize care. They want a small teacher per child ratio. Most daycare facility in the Boynton Beach area has only a few openings or no openings at all. With this being said, there was a great demand for quality child care in Boynton Beach. Francis DiGiovanni, 378 North Lake Boulevard, in searching for a building the client found a vacant building located at 201 SW 23 Avenue. Prior to the previous tenant a daycare was making use of the building, which would allow the daycare to move in with minimum improvements. There would be improvement such as an ingress window and replacing the chain-link fence with vinyl. He contacted the City of Boynton Beach Building Department and has complied with all Building Codes. He stated this was the next step in the process. Commissioner McCray asked if there was a video to be introduced. Mr. DiGiovanni showed the site and the floor plan that was existing. There would be playgrounds in the rear with a 6 foot fence wrapped around the building. Showed the rooms for the children. Mr. DiGiovanni stated after speaking with staff an egress be put in each room. 22 Page 402 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Commissioner McCray inquired if there was a picture of the existing building. Mr. Di Giovanni stated they had the elevation. (Commissioner McCray looked at the picture on Mr. DiGiovann's telephone) Ms. Thibodeau indicated it was previously a daycare from 1970 to 2016 and then it was a rehabilitation center for the past year. Commissioner Casello said the building had a fence wrapped around the building. Mr.DiGiovanni indicated on the back side of the property adjacent to residential and the north side there is a 6 foot wide concrete wall, on the south side adjacent to 23rd street and the SE corner would be a vinyl 6 foot fence. We have trees and hedge as a sound barrier. Commissioner Casello inquired about how many children, teachers and the normal operating hours. Ms. Thibodeau indicated 44 was the estimated capacity. There would be 6 or 7 teachers. This would be 6 days per week, Monday thru Friday. Offering extra care on Saturday, she would also offer Parents nights off on Saturday evening from 5-9 pm. Instead of using a baby sitter they can use the school. The normal operating hours are from 7:00 a.m. to pm 6:00 p.m., evening care from 6:00 p.m. to 7:00 p.m. Commissioner McCray wanted to know about the traffic and if there was some type of safety component built in. Mr. Digiovanni indicated they could install some parking bollards. Commissioner McCray Indicated he was in favor of bollards. Mayor Grants asked if the parking meet the requirements. He sees some locations are going to be double parked. Mr. DiGiovanni indicated the parking was established earlier. However the cars that are up against the wheel stop won't go anywhere until after the school was closed. Attorney Cherof inquired if the applicant was amenable to the eight conditions of approval. Mr. DiGiovanni indicated they were in approval. Commissioner Romelus asked if there were provisions in place for the safety of the children in terms of cameras to make parents feel safe. Mr. DiGiovanni noted they have 6 cameras around the perimeters and a 4 feet fence separating the younger children. Commissioner Romelus indicated the six feet was around the perimeter of the building. Mr. DiGiovanni agreed, so the children would not be seen from the street. Mayor Grant opened to Public Comments. Stephen Grederson, 178 Lake Monterey Circle, his kids has been with Ms. Cristy for about 2 years. He has been here for 2.5 hours which should show how he feel about Ms. Cristy. 23 Page 403 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion passed unanimously. D. Approve High Ridge Country Club Major Site Plan Modification (MSPM 17- 009) to construct a new one-story, 54,500 square foot clubhouse building, gatehouse, and related site improvements, at 2400 Hypoluxo Road in the Recreation (REC) zoning district. Applicant: Donaldson Hearing, Cotleur & Hearing Attorney Cherof swore in witnesses. Nicole Plunkett, Landscape Architect with Cotleur & Hearing, presented the request for High Ridge Country Club Major Site Pian Modification. The applicants are purposing to demolish, replace the clubhouse and add a new guard gate at the entrance. The location of the High Ridge Country Club sits on 174 acres. There are no residential homes on the property. There was an 18 hole golf course. There are 265 members. On April 2"d the members voted in favor of replacing the clubhouse. Replacing existing 49,400 square feet clubhouse and the purposed clubhouse. High Ridge was planning to phase the construction. During the planning and development there was a resident that lived directly to the north west of the property. They had asked for additional buffering. Management have met with the resident and they have already planned Arica palms along the buffer. Ms. Plunkett indicated the original clubhouse was built in the early 1980. Many of the Clubs are upgrading. When it comes to the landscaping there are many beautiful trees on the property. Ms. Plunkett showed the floor plans of the clubhouse. There would be cast, stone and stucco. She indicated the building would be one story. The building would meet the maximum height requirements. High Ridge does not have a gate at this point. Having a gate would help with the circulation of the incoming traffic. In regards to parking, with the increase in the difference would be increased by 5000 square feet. There was a requirement of 25 extra spaces. The applicant was adding an additional 61 spaces. High Ridge was not adding any additional golf holes or amenities or members. Commissioner Casello indicated he wanted to view the property and he was quickly escorted off the property. Commissioner Casello inquired about the 55,000 square feet clubhouse with only 265 members. M] Page 404 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Lawrence Zabik, Project Manager for High Ridge, indicated they were going to offer the traditional amenity of the South Florida Country Club, some entertainment, as well as golf club and fine dining. Commissioner Casello asked if High Ridge gave anything back to the community. Ryan Artim, 127 Black Olive Cres, replied they give to the City. They have a federation day. High Ridge also donates to the Jewish Federation. He knows that they do other things. Commissioner Casello inquired as to the membership fee. Mr. Artim stated the membership fee was about $32,000 yearly. Commissioner Casello noted on Miner Road there has been a lot of tree damage. He wanted to know what was being done to take care of the downed trees. Mr. Artim stated he was not aware of any damage. He stated after the hurricane they cleaned up about 300 trees. Commissioner Casello stated this would be a condition of approval. The trees have not been cleared from Miner Road. Mr. Artim indicated he would look into this. Agreed to the condition of approval. Chief Joseph indicated the High Ridge Country Club makes a donation to the Fire Department every year. Last year they helped purchase the Fire Boat which was used for emergencies. Commissioner McCray indicated Commissioner Casello was asked to leave, who is the contact to review the property. Mr. Zabik stated they employ private security as well as Boynton Beach Police officers. He could call Ryan or Mr. Zabik Mayor Grant stated that the Public Arts Administrator has stated there was an exemption. The ordinance read remodeling repair, made after October 5, 2005 located within an existing private residential development. He said this was part of the residential development. Mr. Zabik indicated he could not say. It was the Public Arts Commission decision. It was made based on the Hunter Run exemptions. Mayor Grant asked if the Public Art administrator's opinion was binding on the City. Attorney Cherof stated he would need to look into this. Mayor Grant asked the applicant if they would be willing to pay the 1 % art tax that most of the other developers was paying? 25 Page 405 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Mr. Zabik stated legal would have to weigh in on this. Mayor Grant stated he was asking if legal was not weighing in on the option. If they would like to do something for this type of development. Mr. Zabik indicated he could take it back to the owners. Stated they had a long discussion with staff. As they looked at their option was to renovate the club, which would not have generated any additional art fees. We closely looked at the ordinance based upon the way it was written and the review by staff it was considered exempt. Mayor Grant indicated he disagreed, because the Club was not a residential development. Commissioner Romelus said if this Public Art fee was required who would be seeing this art? Mayor Grant indicated he was saying there was not an exemption; they could have the public art that was not available to the public. He does not see that there was an exemption available. Commissioner McCray said his opinion was to wait for legal for an opinion. Major Grant indicated he has no problem approving this, he wants legal opinion if 16-02 applies. Attorney Cherof stated if it turns out if it was applicable the City will deal with it then. Commissioner Casello also wanted to make as a condition of approval the clear up the property on Miner road of downed trees. Mr. Zabik indicated this item would not come back to the Commission. Attorney Cherof stated that would be a condition of approval. If the applicant does not agree with the condition then there would not be an approval. Motion Commissioner McCray moved to approved with the conditions stated. Commissioner Romelus seconded the motion. Vote The motion passed unanimously. Mayor Grant offered a motion to recess. OU Page 406 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion passed unanimously. 10. CITY MANAGER'S REPORT - None 11. UNFINISHED BUSINESS - None Major Grant reconvened the regular Commission meeting at 9:48 p.m. 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R17-128 - Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC Blue Collar Unit and the City. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion passed unanimously. Lori LaVerriere, City Manager wanted to give kudus to Julie Oldbury for doing a fine job during the Union process. It was very telling when unions ratified their contracts at 98% and 100%. Her team did a great job getting these contracts ratified. Julie Oldbury, Director of Human Resources and Risk Management, wanted to publicly thank the SEIU and the SCIU organization. She indicated every time a contract was opened in its entirety it was a big undertaking on both sides. The Unions exhibited passion, professionalism. It was a true partnership. PROPOSED RESOLUTION NO. R17-129 - Approve and ratify the Collective Bargaining Agreement between the SEIU Florida Public Services Union, CTW, CLC White Collar Unit and the City. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. 27 Page 407 of 508 Meeting Minutes City Commission Boynton Beach, Florida Vote The motion passed unanimously. December 19, 2017 B. PROPOSED RESOLUTION NO. R17-130 -Approve the Pilot Agreement for Automatic License Plate Recognition System Solution Services with American Traffic Solutions, Inc. (ATS) and authorize the Mayor to sign the agreement. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Vote 4- 1 (Commissioner Romelus dissenting) Commissioner McCray inquired as to where would these be located. Would they be located where the red light cameras are presently? Sergeant Phil Hawkins Boynton Beach Police Department, Traffic unit, stated that was an option. He indicated they do not need to be placed where the red light cameras are presently. Ms. LaVerriere indicated from a security standpoint the exact locations have not been determined. Commissioner McCray asked how many was being voted on. Ms. LaVerriere indicates there are 23 new automated license plate readers. There will be locations without cameras. Indicated Sergeant Hawkins has been working with Jeff Livergood and ATS in locating sites for the license readers. Commissioner Casello stated all 23 will be disbursed in the entire city. Sergeant Hawkins stated yes. Commissioner McCray stated there are many people who do not agree, but he felt the license plate reader are needed. Commissioner Casello stated now the City has license plate readers. He said there are machines that give speeding tickets. Sergeant Hawkins replied this technology has been in existence for 20 years. In Arizona, DC, Maryland. Commissioner Casello said next month the Commission will have a report on the Red Light Cameras. C. Commissioner Casello requests approval for $1,000 of his Community Support Funds to be donated to the Boynton Beach Community Caring Center. P%] Page 408 of 508 Meeting Minutes City Commission Boynton Beach, Florida Motion December 19, 2017 Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion passed unanimously. D. Commissioner Casello requests approval for $1,000 of his Community Support Funds to be donated to the Kid-Preneur Camp. Motion Commissioner McCray moved to approve motion. Vote The motion passed unanimously. Commissioner Romelus seconded the Commissioner Casello explained this was a program that takes in young people and teaches them how to run a business. Commissioner McCray indicated it was like a business incubator. E. Review and action on Annual Performance Evaluation for the City Manager. Commissioner McCray thanked Ms. LaVerriere for doing a 360 degree turn around. He stated they had a discussion. They discussed personnel issues. This year she did a great job. Mayor Grant indicated the City Manager did a great job for Boynton Beach. He was very excited to work with this Commission on its first budget. Commissioner Casello said the City has a lot of moving parts; it takes a good manager to control all of the moving parts. She was like the Tom Brady of managers. He would like a discussion on compensation. Commissioner Romelus noted she believes she was fantastic City Manager. She has created a succession plan. Employees have a future to look forward to. Having the ability to be promoted within the ranks, for those who are committed to the betterment of the City was now available. 29 Page 409 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Vice Mayor Katz said she was a professional. He indicated as a teacher she uses good judgement and thanked her for her continued service. Commissioner McCray stated she does not get into the politics. Commissioner Casello asked Julie Oldbury about the City Manager of Delray and the compensation. He also wanted to know the population. Ms. Oldbury indicated the salary for the City Manager was $235,000 and the population was 61381. Commissioner Casello said it has been his experience depending on the City Manager for so many things. He would like to bring that level up to where it was compatible. He would like to have an increase of 10%. Ms. Oldbury indicated Ms. LaVerriere current salary was $182,120 to add 10% would put her at $200,332. Mayor Grant stated there was other items of the contract as well. He was not in agreement with 10%, he was in favor of 5% percent increase in salary and 5% in the pension. Ms. Oldbury stated the IRS catch up amount would be $9,200 Commissioner McCray, since the City has a step plan which the Commission implemented, we need to look at the budget. Remember the Town Square project. When you have a group of people which have been given a 2.75% increase then you give the City manager a 10 % raise the Commission needs to think about the other City employees. Vice Mayor Katz said on behalf of Commissioner Casello he believed the compensation was lagging. He worried that the City Manager may not be around. He was in favor of 5 % and market rate, it becomes a financial decision. He was in favor of the increase. Mayor Grant was consistent was the maximum allowable IRS rate. Ms. Oldbury stated the 5% would be $9,106 for a total $191,226 the difference in the 457B to bring it up to the IRS allowable $9, 202 into the account to bring it up to the max allowable. The total increase to the base salary and to the pension was $18,308 Ms. LaVerriere thanked the Commission and her staff. Commissioner McCray indicated whenever Ms. LaVerriere attends an outside meeting if she would give an update to the Commission. Motion Vice Major moved to approve. Commissioner McCray seconded the motion. 30 Page 410 of 508 Meeting Minutes City Commission Boynton Beach, Florida Vote The motion passed unanimously. F. CRA and the Florida Housing Finance Corporation. December 19, 2017 Michael Simon, Executive Director, CRA, stated this item before the Commission was a form that was one of many forms which Centennial Management needed for the 9% low income tax credit. This was the local government portion. The CRA Board approved, this would come back at the January 18, 2018 meeting. The approval tonight gives the Mayor the ability to sign the agreement. Motion Commissioner McCray moved to approve. Vice Mayor Katz seconded the motion. Vote The motion passed unanimously. 13. LEGAL — None A. PROPOSED ORDINANCE NO. 17-038 - FIRST READING - Approve Front Porch Setbacks (CDRV 17-008) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article 5. Supplemental Regulations, Section 3.13, to increase the magnitude of encroachment of front porches into the building setbacks. Attorney Cherof read Proposed Ordinance no. 17-038 on first reading. Mayor Grant asked for clarification of the Ordinance. Mike Rumpf, Planning and Zoning Director, stated for many years the City has allowed some minor overhang in the setbacks. The zoning code was filled with exceptions. There have been various lots within Leisureville development that had front porch slabs and now they would like to cover those to make them more usable. This amendment increases the encroachment of the overhang or covered porch. This would increase the encroachment from 3 feet to 10 feet, with some additional rules. Overhang cannot be less than 15 feet of setback from the property boundary. This would apply to the rear yard as well. Mayor Grant stated the single family homes could now have a 10 foot front porch. Mr. Rumpf replied covered only not enclosed. Mayor Grant stated covered includes screening. Mr. Rumpf stated it would not. If you roof it then it must comply with the building setback. 31 Page 411 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Commissioner McCray asked if this would mean properties in Leisureville would be grandfathered in. Mr. Rumpf stated it will change the rules to allow them to cover porches which they would normally not allow where the slabs currently exist. Commissioner McCray asked if this was ok with the association. Mr. Rumpf stated they were in support of this. Mayor Grant asked for a motion. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. City Clerk Pyle called the roll. Vote The motion passed 5-0. B. PROPOSED ORDINANCE NO. 17-034 - SECOND READING - PUBLIC HEARING - Adopt the Boynton Beach Administrative Amendments to the 6th Edition (2017) of the Florida Building Code, Attorney Cherof read Proposed Ordinance no. 17-034 on the second reading. Motion Vice Mayor Katz moved to approve. Commissioner McCrary seconded the motion. City Clerk Pyle called the roll. Vote The motion passed 5-0. C. PROPOSED ORDINANCE NO. 17-035 - SECOND READING - PUBLIC HEARING - Approve the change in qualifying dates for candidates in upcoming municipal elections. Attorney Cherof read Proposed Ordinance no. 17-035 on the second reading. Commissioner McCrary inquired if the City could do anything about the change in the qualifying dates. 32 Page 412 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Motion Commissioner Casello moved to approve. Vice Mayor Katz seconded the motion. City Clerk Pyle called the roll. Vote The motion passed 5-0. Mayor Grant indicated he would like to speak about the Advisory Boards. Asked if the Commission only asking if people have a social media account and if so put it on the application? Or do we want to create a future agenda item to discuss the Advisory Boards. Commissioner McCray said the Commission needed to let some dust settle before they jump on this. From what he heard tonight the City will scare people off from serving on an advisory board. He said the City cannot get residences to serve now. He said the Commission was allowing one or two people from outside of Boynton Beach to tell us how to run our advisory boards. He indicated we needed to wait awhile. Commissioner Casello stated the issue he had tonight was he appointed this individual to the board. How do you vet this? He did not have a clue. This was the first time since he has sat here that he has experienced this. This was not the norm. Mayor Grant asked how the Commission can get more people to apply. Commissioner Casello stated he does not need to make it harder to get on the board. He thinks that we should continue on the same road. Mayor Grant asked about the people that were voted down. Commissioner Casello stated they were collateral damage. Commissioner Romelus added she was not acting from a moment of emotion. She was acting from a moment of rational thought. What she proposed was that on the application for board members when they apply for the City they provide their social media accounts. This was an option to add to the application. The Commission would have the opportunity to look into that person's profile. If you as the Commissioner choose not to do that, this would be your decision. But again we as a City cannot appoint someone who so blatantly expressed their views. They are making an advisory recommendation and act upon it. The Commission have a duty to protect our citizens from those people who feel like they have the right to infringe on another person's rights. Let's just add that as another line item to the application. They can provide that information. 1093 Page 413 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Mayor Grant thought since the Commission ask for the address and telephone number he does not see it as being intrusive. Commissioner McCray said he does not feel that we place that on the Commissioner. The Commission was held at a higher standard. Vice Mayor Katz believes this whole thing was ridiculous. It was spawned from an earnest concern and it has turned into a freak show. If we hold ourselves to the same standard all five of us would need to resign. He believes this was what happens when political pandering in naked politics is at its worst. We have sat here for weeks and again tonight going over the same thing. He is a lifelong Democrat called a Trumpist. A lifelong educator to be told he was a terrible teacher. To be called a racist. This was not rational. This has evolved into the absurdity. This should have never happened. For weeks we have endured negative press because of one random person said some things that should not have been said. She was now gone. He requested her resignation. He stated we are voting on license plate readers. We are going to have staff monitor the social media accounts. Now we are sitting here to consider it at the first person perspective was unbelievable. Commissioner Romelus said this has nothing to do with the Vice Mayor. This was about access. We ask for their name, their address, and social media account. As an individual who are responsible for the welfare of our citizens it was one little step. She believes this was not too difficult to ask anyone to have their social media link. Commissioner Casello how do we monitor them. Are we going to be friends with the applicants. Mayor Grant noted Ms. DiCorrado's views were not private, they were public. Asking for the Twitter name or Facebook name. If they keep their Facebook public, then we should be able to look at their account. Having this line was easy to add. Some members may not have a social media account. Ms. DiCorrado participated in the Unity in the Community. Having an extra line for public media would make sense. He would like to request a motion we could have those three thing on the advisory board application, so that those people could reapply. Cathy McDeavitt has been on the Employee Pension Board for years. He asked, are we going to give her a certificate then say we have decided it was not a good time for her to be on the board. Commissioner Casello asked are we are going to ask for her social media page, to check on her and monitor her. Commissioner Romelus indicated they were asking for transparency, as people who are going to represent our City. It was not a bad thing to ask. Mayor Grant was asking if she would not be allowed to be on the board again, unless someone made a motion for reconsideration. Kul Page 414 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 Commissioner McCray stated the Commission has the ethical rules that govern us as elected officials. We are going too far to ask the applicants to put their social media account. Commissioner Casello asked when the City hires people do we ask for their social media account. Ms. LaVerriere stated they have a background check; the City does its due diligence. Commissioner Romelus stated they have a background check. This was way more intense. Vice Mayor Katz stated if Commissioner Casello and Commissioner McCray are not in favor of adding the social media line to the application this would put this issue to bed. Mayor Grant asked for public comment. Barbara Ready, 329 SW 13 Avenue, has been a volunteer and served on three different boards. She would like to urge to have those three applicants reapply. You are dealing with volunteers. There was no shame in removing any volunteer from the board. She has seen that done before. She does not want it to evolve into a political fight. Vice Mayor Katz said the thrust of removal was deemed offensive. She was removed because she spoke in an offensive manner. For political or personal reasons, all of this was beyond absurd. He lacks words to describe it. Commissioner Romelus stated a lot of people took offense to what this individual said. Please do not call it absurd. Mark Karageorge, said there was a time the City was going to appoint a new CRA board. Every one of them was an unpaid volunteer; you have the right to vet. Commissioner Romelus does speak to the people before she appoints. The Commission has the right to remove people from the board. She did the right thing and resigned. The person participated in Unity Days. Dr. Piotr Blass, 113 Tara Lake Drive, stated it seems to add this question about social media was perfectly reasonable and not controversial. The City must make sure these current conflicts do not interfere with the real work of the City. The work of the City was to improve economic conditions, social conditions and perhaps create a sanctuary place. He was afraid the argument all the time and we would not accomplish the work we need to do. So please let's cut it down. Mayor Grant asked for a motion for reconsideration for all volunteer applicants that was denied. 35 Page 415 of 508 Meeting Minutes City Commission Boynton Beach, Florida Motion December 19, 2017 Vice Mayor Katz moved for reconsideration of all applicants that were denied. Commissioner Casello seconded the motion. Vote The motion passed unanimously 14. FUTURE AGENDA ITEMS A. Quarterly report on red light camera program (Oct 2017 -Dec 2017) - January 2018 B. Quarterly report on gov't surtax fund (Oct 2017 -Dec 2017) - January 2018 C. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park D. Staff to review PBC Ordinance on Panhandlers - TBD E. Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways — TBD F. PROPOSED ORDINANCE NO. 17-021 -SECOND READING - Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -initiated. (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) G. Vice Mayor Katz asked for discussion on "Certificate of Illegal Immigration Cooperation." 901 Page 416 of 508 Meeting Minutes City Commission Boynton Beach, Florida December 19, 2017 15. Adjournment Motion There being no further business to discuss, Commissioner Casello moved to adjourn. Vice Mayor Katz seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 10:38 p.m. (Continued on next page) 37 Page 417 of 508 Meeting Minutes City Commission Boynton Beach, Florida ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk December 19, 2017 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner - Mack McCray Commissioner - Christina Romelus Commissioner - Joe Casello Page 418 of 508 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, JANUARY 2, 2018, AT 6:30 P.M. IN COMMISSION CHAMBERS, CITY HALL 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Justin Katz, Vice Mayor Mack McCray, Commissioner Christina Romelus, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order - Mayor Steven B. Grant Invocation Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk Doug Harms, The Church of Jesus Christ of Latter Day Saints, Boynton Beach gave the invocation Pledge of Allegiance to the Flag led by Commissioner Romelus Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to move item 13. A, before the Consent Agenda. Move item 14.0 from the Future Agenda to 12. D 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Casello seconded the motion. Vote The motion unanimously passed. Page 419 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 2. OTHER A. Informational items by Members of the City Commission Vice Mayor Katz wished everyone a Happy New Year, nothing to disclose. Commissioner McCray wanted to thank the Mayor for maintaining order and for a job well done. Commissioner McCray wished everyone a Happy New Year. Mayor Grant attended Chief Katz farewell party. Spoke with CBS concerning the license plate readers. Mayor Grant was in attendance at the Palm Beach County Housing Authority meeting. The Housing Authority currently has an interim Executive Director. Mayor Granted stated the Commission needed to put some pressure on the Housing Authority to move forward with the lots they have in Boynton Beach. The Housing Authority indicated they would like to do a survey rather than be a part of the City's RFP. Mayor Grant would like to put an item regarding the Housing Authority lots as a future agenda item to make sure things are moving forward. Commissioner McCray stated this should be placed on the agenda now. This was something which has been plaguing the City. Commissioner Casello wished everyone a happy healthy and prosperous New Year. Commissioner Casello inquired if a motion and a second was needed to approve the already amended agenda Commissioner Romelus wished everyone a happy New Year. Gave a history lesson, January 1, 1804 the First Black Republic was founded which was the Nation of Haiti. Wanted to wish the Haitian people or those of Haitian decent a Happy Haitian Independence Day. The world celebrated the freeing of a Nation of people. Mayor Grant asked for a motion to add an item regarding Palm Beach County Housing Authority vacant lots and other Housing Authority parcels. Motion Commissioner McCray moved to reconsider the agenda and approve as amended. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. City Hall will be closed on Monday, January 15, 2018, for observance of Dr. Martin Luther King Jr. Day. f! Page 420 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Mayor Grant announced City Hall will be closed on Monday, January 15, 2018, for observance of Dr. Martin Luther King Jr. Day. B. Proclaim Monday, January 15th, 2018 as Martin Luther King Jr. Day. Mr. Greg Murphy, Chair of the MLK Committee will be present to accept the proclamation. Mayor Grant proclaimed Monday, January 15, 2018 as Martin Luther King Jr. Day. Mr. Greg Murphy, Chair of the MLK Committee, accepted the Proclamation. C. Proclaim Tuesday, February 7, 2018 as Robert E. Wells Day Mayor Grant proclaimed Tuesday, February 7, 2018 as Robert E. Wells Day. Minister Bernard Wright, Bernard Wright Ministries, indicated this was a very critical time. The past few years the celebration for the Robert E. Wells Day has been held in the first week of February. This year the Celebration will be held on February 10, 2018. He explained he was asked if he was going to take a long time. He was offended, being asked that question. He noticed at times when he was speaking at Commission meetings his three minutes would be cut short. Minister Wright stated it was not about the three minutes, it was about listening to the people. He wanted to say the dais stopped him from reading into the record about Robert E. Wells. "A people without the knowledge of their past history, origin, and culture is like a tree without roots". -Marcus Garvey. He wanted to bring some type of solidarity. Minister Wright stated Boynton Beach has true history. Indicated there were many people other than Dr. Martin Luther King which were worthy of respect. The Robert E. Wells celebration will have Haitian, Bahamian, White and Jewish people. This celebration was for all people in the community. This was a way to unite Boynton Beach. This event will take place February 10, 2018. Minister Wright stated 86% of the imprisoned men were raised by single mothers. He said 98% of men on death row were raised by single mothers. He said if you want to stop the crime in Boynton Beach, we need to get down to the root of the problem. Commissioner McCray stated there was an event for the week of January 6, 2018. Unity in the Park. Mercedes Coppin, CRA, Special Events Coordinator, said the 3`d annual MLK Celebration of Unity will be held on Saturday, January 6, 2018 at the Carolyn Sims Canter (225 NW 12th Ave.) in Boynton Beach. The event will celebrate the life and legacy of Dr. Martin Luther King Jr., and provides community members with opportunities to re-establish relationships and break down restrictive barriers. Additionally, the event will serve as a venue to encourage Boynton Beach residents to 3 Page 421 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 get out and engage with one another and to live out the vision and philosophy of Dr. Martin Luther King Jr. This free event will feature live music from the Valerie Tyson Band and Artikal Sound System, as well as performances from various community groups. There will be a variety of free children's activities, such as face painting, balloon artistry, a bounce house, rock wall, and slide and food and beverages will be available for purchase. Ms. Coppins stated she was looking forward to the attendance by all. 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) Dominic Mazzella, President Village Royale on the Green, explained he was at the Commission meeting to present a $1000 check to the City of Boynton Beach Police Department and Fire Department. Commissioner McCray requested the Interim Police Chief and Fire Chief come and accept the checks. Interim Police Chief Harris and Fire Chief Glenn Joseph were present. Susan Oyer, 140 SE 27th Way, thanked Commissioner Romelus for judging the neighborhood holiday event. This really brings the neighbors together. This would be great if the entire City would participate. Minister Bernard Wright, 713 NW 2nd Street, stated he did not get a response to his request for support for the Robert E. Wells Celebration. He thanked Commissioner McCray for the $500. He believes the CRA and the City Commission should support this celebration. Commissioner McCray stated perhaps the Commission could do something at the next CRA meeting. Mathi Magilan Paguth Arivalan, 5102 Mahogany Drive, informed the Commission he applied online for the vacant board position. Contacted the Clerk to find out what was going on with his application. The Clerk explained additional information was needed. Mr. Arivalan explained he has a home based business. He was told he needed to pay the County and the City. He indicated his name was not on the agenda. He also wanted to speak about the MLK day celebration. The City of Boynton Beach still have some racial issues. It does not speak about the black and brown community, slavery still exist. He said the MLK celebration does not focus on what was needed in Boynton Beach. The celebration was about entertainment. n Page 422 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Mayor Grant stated the celebration of unity was created to get everyone together. All the children should play together. The City Clerk will look into the application issue. Ms. LaVerriere explained the applications would be on the next agenda. Doug Harms, Assistant Director of Public Affairs, Church of Jesus Christ of Latter Day Saints, 1480 Knuth Road, indicated the Church offers a free program to the community called "just serve". It was a perfect segway into the service with Martin Luther King on the 15th of January. This service allows anyone to post volunteer opportunities without any strings attached. Anyone from the community can sign up to volunteer or get volunteers. Mr. Harms stated they also have self-reliance classes. There are four area of focus: Starting and growing a business, Personal Finances, Finding a better job, and Education for better work. Classes are free and they begin January 7, May 7, and September 3rd. The Church also offers a family history and genealogy service. Commissioner McCray thanked Mr. Harms for the information, asked if he would like to place some brochure for the Unity in the Park celebration. No one else coming forward, Public Audience was closed. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Reg and 2 Alts Building Board of Adjustments & Appeals: 2 Regs and 2 Alts Community Redevelopment Agency Advisory Bd: 1 Reg Employee Pension Board: 1 Reg Library Bd: 1 Alt Senior Advisory Bd: 1 Reg and 2 Alts Mayor Grant stated there were no applicants. Commissioner Romelus asked for reconsideration of an appointment she made in a prior meeting. Attorney Cherof stated this needed to be carried to the next agenda. Mayor Grant asked to move 13.A moved up. A. PROPOSED ORDINANCE NO. 17-038 - SECOND READING - Approve Front Porch Setbacks (CDRV 17-008) - Amending the LAND DEVELOPMENT 5 Page 423 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 REGULATIONS, Chapter 3. Zoning, Article 5. Supplemental Regulations, Section 3.13, to increase the magnitude of encroachment of front porches into the building setbacks. Attorney Cherof read Proposed Ordinance No. 17-038 second reading into the record by title only. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Clerk Pyle called the roll call Vote 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. R18-001 - Authorize the City Manager to sign an Agreement with Florida Atlantic University Board of Trustees, on behalf of The John Scott Dailey Florida Institute of Government at Florida Atlantic University of Boca Raton, FL to review and update the City's Strategic Plan in the amount of $22,500. B. PROPOSED RESOLUTION NO. R18-002 - Authorize City Manager to sign documents related to procurement issues in accordance with purchase order signature authority of less than $25,000 for non -construction and $75,000 for construction related items subject to legal review and approval of documents. C. PROPOSED RESOLUTION NO. R18-003 - Approve utilizing the National IPA Contract # 141003 with Grainger for the purchase of hardware and safety supplies for an estimated annual expenditure of $75,000. Approving a contract with W.W. Grainger, Inc., d/b/a Grainger and authorizing the City Manager to sign the Contract. The National IPA procurement process satisfies the City's competitive bid requirements. D. PROPOSED RESOLUTION NO. R18-004 - Approve utilizing Palm Beach County Contracts # 150803B and 150806B with Seacoast Embroidery of Atlantis, FL for the purchase of uniforms for general employees with an 0 Page 424 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 estimated annual expenditure of $30,000 and authorizing the City Manager to sign a contract with Seacoast Embroidery. The Palm Beach County's procurement process satisfies the City's competitive bid requirements. E. PROPOSED RESOLUTION NO. R18-005 - Amend the FY 2017-2018 budget which will increase the budgeted appropriations and revenue sources and provide spending authority for the Parks & Recreation Facilities Trust Fund (141) by $30,370 and the Capital Improvement Project (CIP) by $58,870 for the current fiscal year. F. Approve utilizing G.S.A. Contract No. GS. -07F -03271V to purchase an EZ Dock Kayak Launch system from Golden Manufacturing, Inc. of Ft. Myers, Florida, in the amount of $58,870.71 to be installed at Harvey Oyer, Jr. Park. G. Approve the minutes from the Regular City Commission meeting held on December 5, 2017. Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R18-006 - Approve utilizing the Broward Sheriffs Office Contract # 14036AG with Gall's for the purchase of uniforms for Police and Fire with an estimated annual expenditure of $140,000; authorizing the City Manager to sign a Contract with Gall, LLC. The Broward Sheriffs Office procurement process satisfies the City's competitive bid requirements. Commissioner Romelus inquired if the used uniforms could be donated to charity. Fire Chief Joseph replied the uniform have emblems from the Fire Department. The City needed to destroy the uniforms because of the liability. Chief Joseph added since this was a change over, the uniforms will be used until they are worn out. Acting Police Chief Kelly Harris stated the uniform pants were donated, but the shirts could not be donated because of the emblems. 7 Page 425 of 508 Meeting Minutes City Commission Boynton Beach, Florida Motion January 2, 2018 Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. Vote The motion unanimously passed. 8. CODE COMPLIANCE and LEGAL SETTLEMENTS - None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 17=037- SECOND READING - Approve Eden Ridge Rezoning (REZN 18-001) from R -1 -AA Single -Family Residential District to R-1 -A Single -Family Residential District. Applicant: Aldo Kosuch of Eden Ridge, LLC. Attorney Cherof read Proposed Ordinance No. 17-037 by title only on second reading. Attorney Cherof administered an oath to all those intending to testify. Michael Fitzpatrick 175 SW 2nd Street, indicated when this came before the Commission without recommendation due to lack of support of the motion, this died for a lack of a second. There was a Comprehensive Land Use plan element of the policy 1.12.2 which was listed in the backup. The City shall continue to maintain and improve the character of the existing single family low density neighborhoods, by preventing conversion to higher density except when consistent with the adjacent land use. He stated this zoning does none of that. The current zoning surrounding to the north and east is the Searcrest Scrub. This was not just low density it was no density. To the west was St. Joseph Church and school which has no density. To the south was currently zoned R -1 -AA. The current non -conforming use was for an out building. If the zoning was changed the City of Boynton Beach would set a precedent where developer can leap over a contiguous zoning area and begin to spot zone. Mary Law, 3481 S. Seacrest Boulevard, read a letter into record. (Attached letter). She indicated the developer contacted her, and he asked if she would go in with the rezoning. She feels like the developer was trying to force her to sell her land. She does not want to be seen as a bad neighbor. She was trying to protect the environment and the animals in the scrub. Page 426 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Stephen Seto, 3404 SE 2nd Street, indicated this was a terrible idea to rezone. He said two weeks ago as he drives along Seacrest there were seven garbage bins on the road. The garbage will need to be picked up on Searcrest. This proposal was basically to push out Ms. Law. This was pristine land. Butterflies travel from Canada to Chile and Florida and use the Scrub. He said article 4 states the City has the ability to decide the fate of this area. Mr. Seto inquired as to why the Planning and Zoning Board advice was rejected by the Commission. Mr. Seto also asked about the notifications which were sent out. Would it had made a difference to the vote if the surrounding neighbors would have come out and stated they were against this. Or was it a done deal. David Katz, 67 Midwood Lane, stated the Planning and Zoning Board did not vote on the item. The item was not declined nor accepted. Mr. Katz indicated no homes in the area would directly abut the property being developed. There were 8 properties which would abut the scrub area. Mr. Katz informed the Commission and the audience the property owner has development rights. The Commission needed to approve whether the developer would build 7 or 8 homes. He asked for the developer to create a landscape buffer and a fence to go 3 or 4 feet down to prevent the gopher tortoise from returning to the property. He asked for no more than 8 homes to be built. He requested a genuine, relocation of the turtles. These conditions are not costly. He indicated these simple fixes would satisfy Ms. Law. Susan Oyer, 140 SE 27 Way, indicated she was against density. She understands the Commission was going to approve the 8 homes. Ms. Oyer stated more houses make a difference. No one has addressed what was being done when they go to stamp the ground. She knows the damage this has done to their property. What was being done to make sure the animals are not being hurt? This would stress these animals. The Commission needs to do the right thing. The only person who would be impacted was against it. She stated he does have the right to build, but this does not make it right. Bradly Miller, Miller Land Planning, represents the applicant. He wanted to clarify a few things. Chairman Katz summed up the property rights are available to the owner. Mr. Miller stated the property was for sale for about a year and a half. No one showed up at the auction. His client was going to develop the property. It was either 7 or 8 properties. The 8 units are more consistent with the area. Mr. Miller stated the developer could build on his private property. He indicated the City would not allow the developer to build a property without the means to pick up the garbage Mr. Miller stated the conditions Ms. Law requested were valid and has been agreed with. The gopher tortoise cannot be returned to the scrub. Vice Mayor Katz inquired about the concern regarding Mr. Miller's client would use Ms. Law's property. Mr. Miller stated they would not use Ms. Law's property. They will remain on the property. There would be construction and compaction of the road and the foundation for the homes. E Page 427 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Commissioner Casello inquired how many tortoises have been found on the property. Mr. Miller indicated there have been 24 burrows tagged. There are 12 burrows on his client's property. Commissioner Casello inquired as to if there were tortoises in the burrows. Mr. Miller stated it was the activity of the dirt. He said a survey has indicated one of the burrows was inactive. Commissioner Casello asked what type of cost was involved in the relocation of the tortoise. Steven Newman, 1609 Clyde Vista Circle, Delray Beach, understood we are mandated by law to take care of the gopher tortoise; it was not a cheap process, but he understands this was a process that was needed. Commissioner Casello said it looks like more trees will be added. Mr. Miller said the lots are required to have trees which would increase the number of trees currently there. A statement was made the eastern 1.5 acre was Scrub. This was not correct, this was private property. Commissioner Casello stated he understood the applicant approached Ms. Law on the zoning issue. Commissioner McCray stated this proposal which the Commission was reviewing was not trying to push Ms. Law off of her property. Commissioner Romelus indicated the applicant was in agreement with the proposal. The client was willing to provide a hedge and the barrier both natural and artificial. The clients are willing to place another division between the Scrub and Ms. Law's property. The fence would go deep enough so that the tortoises do not return. She asked about the lighting. Mr. Miller stated he agreed with Ms. Law's conditions. He stated the Code requires the light could not shine on other property. He continued the only place there was lighting would be on the street. The light would be on the southern side of the property. The light would not shine in the scrub but on the road. Commissioner Romelus asked for clarification regarding the navigation of the Fire and Public Works trucks through the property. Mr. Miller stated there would be a 50 x 50 T-type turn -around. The trucks would back up and then drive out. Commissioner Romelus asked about the garbage or recycling cans. Where are the cans going to be picked up? Will the cans be picked up in front of the homes and not placed on Seacrest? Mayor Grant asked what the conditions of approval which was acceptable. Mr. Miller stated he did not have any copies. He was not opposed to any of the conditions. Asked 10 Page 428 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 if these would be a condition of rezoning? Attorney Cherof indicated they are some stipulation that would be binding on the clients. There are no back and forth between the Commission and the representative. Mayor Grant said as an example the limit of 8 structures on the property, which was a type of condition of approval? Attorney Cherof stated that was not a rezoning issue that was a site zoning issue. Mayor Grant stated this was his concern. If the applicant stated they being bound, but another developer could change it. He said this was a tough situation. Otherwise if the property was rezoned the applicant would be bound unless it was sold to another developer. Mr. Miller stated there was more to it than eight lots. There was a minimum lot width and size of the area. Another developer would need to request additional relief from the Commission. Mayor Grant stated the minimum lot requirement was 60 feet frontage compared to the 75 feet for the R -1 -AA. Under Mr. Miller's option they cannot get more than 8 properties even if they did have 60 feet. Mr. Miller indicated there must be 7500 square feet of minimum lot size. He indicated the developer must factor in the width of the buffer and the right -away for the road and the width of the road and the sidewalk. Mayor Grant inquired if the City can make any of those conditions conditional on site plan approval. Attorney Cherof indicated this was a request for rezoning. Mayor Grant asked how cans the City guarantee what is to happen to the property. Attorney Cherof stated the best way to answer was the grantees that are available to the Commission in the Code of Ordinances. Mr. Miller stated for single family there was no site plan process, this goes directly to a plat. Mayor Grant said the Commission would not see a site plan approval, once this was rezoned to R -1-A. Mr. Mike Rumpf, Director Planning and Zoning stated there was a plat process. The plat process would show the number of lots which were approved. Those lot restrictions are the most important of what was being evaluated. The maximum density allowed by the Land Use Classification. Those minimum lot sizes, frontages are critical to the developer zoning. Mr. Rumpf stated there are not too many ways to fit more than 8 homes on the lot. Mayor Grant asked if eight homes was the maximum amount for this lot, in Mr. Rumpf's opinion. Mr. Rumpf replied that was correct. Mayor Grant stated the other conditions regarding the oversight of the gopher tortoise were to receive a report. Also a fence could be placed at a deeper depth to prevent the gopher tortoise from returning to the property. 11 Page 429 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Mr. Rumpf stated fences and improvement must be permitted. The City will obtain the relocation information at time of permitting. Mayor Grant asked if Code does not require the fence to go more than 2 feet into the ground, then the applicant would dig deeper. Mayor Grant asked if that was allowed under the City Code. Mr. Rumpf replied the applicant can dig as deep as they wanted. Mayor Grant said this was to act on good faith in order to approve the request. The Commission does not have a site plan approval. Mr. Rumpf indicated there are several conditions of approval were needed. We need to be clear of what the expectations are. He stated he heard many conditions tonight. Mayor Grant asked Attorney Cherof if the applicant by their agent Bradly Miller was bound by what was stated under oath. Attorney Cherof replied yes. Mayor Grant asked if there was further discussion from the board. Commissioner McCray stated before the vote he wanted to give Mr. Miller a copy of the letter from Ms. Law. Mr. Miller replied he had a copy. Commissioner Romelus indicated the City could not hold the applicant responsible for all the items listed on the letter from Ms. Law. Commissioner Romelus stated items 3, 4, 5 and 7 were relevant to the discussion. Mayor Grant said item 1 was possible regarding the retention area to the Seacrest scrub to ERM. Commissioner Romelus believes they are already working with Florida Fish and Wildlife. Asked if ERM needed to be included. Mr. Miller stated the area was needed for the development plan. Mayor Grant stated it cannot be part of the scrub. No one else coming forward, Public Comments was closed. Motion Vice Mayor Katz moved to approve.. Commissioner McCray seconded the motion. City Clerk Pyle called the roll. Vote The vote was 4-1 (Mayor Grant dissenting) 10. CITY MANAGER'S REPORT- none 11. UNFINISHED BUSINESS- none `" Page 430 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 12. NEW BUSINESS A. PROPOSED RESOLUTION NO. R18-007 - 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. Motion Vice Mayor Katz moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed B. Mayor Grant requests approval for $300 of his Community Support Funds to be donated to NAMI Education Courses. The National Alliance of Mental Health. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Item moved from Future Agenda. C. Members of the Commission has requested to review and discuss the Public Arts Ordinance - February 2018 Mayor Grant indicated they wanted to discuss some options for the February meeting. Vice Mayor Katz stated he was not trying to get too deeply into the ordinance. He would like to request that it be stipulated when the developers bring potential public art to the Arts Director and the Advisory board, they present a minimum of three options. He understands there may be some cost associated with asking the artist to come up with three options instead of one. Vice Mayor Katz indicated the value of choice outweighs the cost and he believes artist have more than one idea. He wanted to see other choices and options. Commissioner McCray stated he felt the Art Commission has done a great job. He may not agree with everything, but he wanted to let everything remain as it is. Allow the Art 13 Page 431 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Commission to make the decision and bring back to the Commission and then take a vote. Mayor Grant stated in 2015 the Commission passed the amendment to the Resolution. This was because some of the projects did not lead itself to the Art Tax Ordinance. He was not happy the resolution passed, the reason was there were areas which were exempt. He understands having a piece of art on a property no one else sees was not beneficial to the community. He continued 3/10 of one percent was beneficial for the administrative cost. One area which needs help was the ecological and environment. He indicated the City owns vacant lots designated as parks which have not been developed. The City was spending hundreds of thousands of dollars on art he would like to see a portion of that going towards ecological and environmental. Instead of 7/10 of one percent was being required to be spent on art. He stated with all the new development this was a way the City could fund the Eco Park in Quantum and the development of other parks in the City. He would like to ask the board to see if the ordinance could be amended to allow for a portion of the 7/10th to be used for the Parks and Recreation as a driver of an ecotourism industry. Commissioner Casello inquired if the City has a park impact fee which developers pay. Mayor Grant replied only per unit. Commissioner Casello stated there was a park impact fee and the Mayor was asking for a portion of the art fee the developer's pay of the 1 % of the total gross, which goes to the art. Mayor Grant stated 7/10 was required to be spent on the art. He stated most of the time the artist was not from Boynton Beach or Palm Beach County. If the City could retain money in the City limits of the 7/10 of 1%. For example the new assisted living facility near Hunters Runs will cost about $20M. That would be $200,000 for the Arts Tax, 3/10 was going to the City for Administrative, and 7/10 would be about $130,000. If they could spend $30 to $40 thousand within the City and not just on art he would like to have that option available. He asked instead of just an art tax it would be an art and environmental tax. Commissioner McCray stated the City has a park impact fee already. He was not in favor of an additional fee. Mayor Grant stated the development does not pay any money into the park impact fee.. Commissioner McCray stated he does not agree with adding additional fees. Commissioner Casello said if the artist provided more art options this could be a part of the discussion. He would not have any problem with going with something Mayor Grant was suggesting. Mayor Grant asked if one of the options would be for a percentage going into the environment. 14 Page 432 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Vice Mayor Katz stated he does not fundamentally oppose the idea. He does not know if incorporating an additional fee into the arts fee was a good ideal. He was not for or against it. He could see it detracting from the Public Arts program. He was not sure at this point if this would be good. Mayor Grant asked if the Vice Mayor was okay with staff coming in to speak about the options. Vice Mayor Katz stated he was in support to have staff give a presentation. Commissioner Romelus indicated she would like to have staff make a report. She would be able to make a decision based on staff options. There was nothing wrong with options from the artist. This would help give the Art Commission the flexibly to make decisions which allow more the public engagement for what Vice Mayor Katz proposed. Mayor Grant indicated for the February meeting would staff bring back three options available for the Arts Commission from the artist. Look into the possibility of having a portion of the arts fee for an environment purposes. Commissioner McCray asked when the artists bring back three renditions, who would make the decision, the Commission or the Art Commission. Mayor Grant stated the Arts Commission. Vice Mayor Katz wanted to expand on what was stated. When a piece of property was redeveloped or if something new was being done, the developer begrudges the idea they must dedicate a percentage of the cost to public art on their private property. Was it possible to consider in some way for these developments for redeveloping and none of their property was actually public; there public art was not public. He asked if they could buy out and possibly pay 75%, and that money could go towards the arts budget and any public art or it could go towards parks related projects. Mayor Grant stated currently 3/10 of the 1 % goes to the City Arts Department, 7/10 was required to be spent on the art. He would like 3/10 still go to the Art Department and any art which was not visible to the public that could go to the Parks and Recreation fee. They are not required to spend 7/10 of the I% on art the public does not see. Commissioner Casello indicated this only applies on private property. Vice Mayor Katz stated this was his thought. Mayor Grant said the Commission was not voting on anything in February. He would like to ask staff to bring the options so the Commission could move forward with the Art Tax. The City would tax itself for the City Hall and the Police station. These were not part of any exemptions. If the City wants to spend all 7/10 on art or give the City the options available. He likes the idea of the artist bring up a few renderings to the Arts Commission before the item was commissioned. Commissioner McCray inquired how the artist brings the rendering. 15 Page 433 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Lori LaVerriere, City Manager replied it depends on the structure of the process. There was a call to artist which was like an RFP, if there was a theme, they would describe what type of setting so the artist could develop what was appropriate. The difference would affect the call to artist process. The public artist would now submit three ideas instead of one. She thinks that it was that simple. Commissioner McCray stated if the Art Commission has five artists submitting, then there are options to choose from. He understands this was just for discussion. Commissioner McCray stated he needs to see something in writing. Ms. LaVerriere indicated she does not know the exact circumstances for the call to artist, but there are other options as well. She explained on the 500 Ocean the developers commissioned the Artist themselves; they had the dollar threshold they had to meet. The Arts Commission approved the artist. Ms. LaVerriere stated there was a cost related to preparing three renditions to the artist. D. The Palm Beach County Housing Authority Mayor Grant stated there are 75 properties which the housing authority has. Not all of the properties are vacant. There are some properties where tenants are paying rent. He was requesting of the board if they would be supportive of a resolution to sell the properties the Palm Beach County currently hold to a private developer. The vacant lots are put up for sale with either the City, private developers or the CRA can purchase the property. Commissioner McCray stated he was in support of what was being said. As stated before for the City to have a Resolution would be premature. He stated once the Housing Authority hired a Director they could move forward. Mayor Grant stated they have an interim Director. Commissioner McCray stated he would like to see a Director not an interim. Commissioner Casello indicated they could start the dialog. He does not believe they should ask for a Resolution. He stated once a Director was appointed they would be ahead of the curve. Mayor Grant ask if they could get consensus for City staff to speak with the Interim Executive Director to see what was going on with the properties within the City. The Commission had consensus. i[cis 11xH_1I A. PROPOSED ORDINANCE NO. 17-038 - SECOND READING - Approve Front Porch Setbacks (CDRV 17-008) - Amending the LAND M9 Page 434 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article 5. Supplemental Regulations, Section 3.13, to increase the magnitude of encroachment of front porches into the building setbacks. (heard earlier in the meeting) B. Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $409,341.71. This amount reflects unpaid ALS Transportation billings that have been in collections for 12 months or longer. Commissioner McCray indicated since the beginning of the New Year there has already been one overdose. Fire Chief Joseph stated these bills the Commission was reviewing were from 2013. Commissioner McCray inquired as to how many people have insurance. What was the total not being paid to the City for services rendered? Chief Joseph stated the Fire Department has a very aggressive billing department. Indicated the collection rate was about 80% higher than anyplace in the County or other Cities. Chief Joseph stated the City collects from the patient and the hospital. Commissioner McCray asked what happened to the 20%. Chief Joseph stated they are uncollectible. Ms. LaVerriere stated the Fire Department has used a collection agency. She stated the Fire Department bills first then it goes to a collection agency. Fire Chief Joseph explained when a billing is received; the turnaround time was 3-5 days. The Fire Department will send it to the billing company, after internal methods have been exhausted. Commissioner McCray asked why all funds are not collected. How much does the collection agency retain for the collection of those funds. Ms. LaVerriere asked how many years does the City attempt to collect? Does the City write off the collection? Tim Howard, Assistant City Manager stated the collection agency keeps a 12% collection fees. Some of those transports are uninsured or the data the City has was not reliable. The City tries to collect then turns it over to the collection agency. In the future if the person decides to clean up their credit and pay it off the funds will come back to the City. Mr. Howard stated from an accounting standpoint, at the end of every fiscal year the City makes an estimate of what has been determined uncollected from the receivables. Mr. Howard said this was an accounting rule. Historically for account receivable system anything which was outstanding after 12 months the collection may receive about 20 percent, after 18 months the odds of collecting were about 2 or 3%. 17 Page 435 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Commissioner McCray asked since this was for years back was the City seeing an increase. Mr. Howard indicated there was no increase. The amount has remained steady. Commissioner Casello said he understood the numbers were 4 years old. It has always been about $400,000 to $500,000. He understood the write-offs and the collection agency. He stated there was a new program where the City was increasing the (ALS) transport. Chief Joseph stated that was correct. Commissioner Casello continued the Fire Department was taking more people to the hospital. Chief Joseph stated yes. Can the City expect the numbers to change? This could produce more collectible. Fire Chief Joseph explained they were using a software package from 2013 to 2014 that delayed the billing process. Since 2014 the new software reduced the billing time. 2014 there are in the old software; going forward from 2015 there should show a decrease. On the transports the total billing in 2016 was $2.6M. At the end of fiscal year of 2017 the City was at $3.3M, Chief Joseph stated because of the increase number of transports the City has seen an increase in the receivables. Commissioner Casello asked if the Chief has a number of the transports, was there a negative number which was uncollected. Fire Chief Joseph said they are processing those numbers. Based on past practice he was expecting about $2.8M based on previous numbers. This was the end of the fiscal year. Commissioner Casello stated the transports would be a revenue generator. Chief Joseph stated the return pattern continues to be the same, about 80% should see a significant increase in revenue from the additional transport. Commissioner Casello stated the City would see an increase in the revenue. Will the City also see an increase in the uncollectable? Chief Joseph indicated he believes there should be a decrease in uncollectible. Commissioner Casello asked was this because of the new software program. Chief Joseph responded it was due to the software program, the Affordable Health Care Act, more people have insurance. Commissioner Casello asked if the Fire Department could take credit cards. Fire Chief Joseph stated they take credit cards but not on scene. Commissioner Casello asked if this was something which could be done. Chief Joseph indicated this would be a liability. Vice Mayor Katz said the City services are superior to the private sector. The Fire Department was able to do more versus employees of an ambulance service. iR Page 436 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 Chief Joseph stated the City has some highly trained professionals. He said the City response return pulse was 30%. Everywhere else in the county was 17% to 25%, the City has better technology, good training and good leadership. Commissioner McCray stated the private sector only transport non -emergency. Mayor Grant requested a motion. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Commissioner McCray wanted to thank Eleanor Krusell for the calendar. 14. FUTURE AGENDA ITEMS A. Quarterly report on red light camera program (Oct 2017 -Dec 2017) - January 2018 B. Quarterly report on gov't surtax fund (Oct 2017 -Dec 2017) - January 2018 C. Members of the Commission has requested to review and discuss the Public Arts Ordinance - February 2018 (discussed earlier in the meeting) D. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park E. Staff to review PBC Ordinance on Panhandlers - TBD F. Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways - TBD G. PROPOSED ORDINANCE NO. 17-021 - SECOND READING - Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -initiated. (First Reading 19 Page 437 of 508 Meeting Minutes City Commission Boynton Beach, Florida January 2, 2018 approved 8/15, Second Reading to coincide with approval of the Master Plan) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) 15. ADJOURNMENT Motion There being no further business to discuss, Commissioner Romelus moved to adjourn. Commissioner McCray seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 8:18 p.m. Continued on next page 20 Page 438 of 508 Meeting Minutes City Commission Boynton Beach, Florida ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 21 January 2, 2018 CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner - Mack McCray Commissioner - Christina Romelus Commissioner - Joe Casello Page 439 of 508 10.A. CITY MANAGER'S REPORT 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Accept Surtax Capital Project Status Report for first quarter of FY 2018 - October thru December 2017 EXPLANATION OF REQUEST: For FY 17/18 there are many projects in the City's Capital Improvement Program funded with the taxpayer approved local government surtax funds. As a result, it is staff's intent to provide periodic status reports to the City Commission and the public in general. This is the first such report. Staff has captured all projects funded by surtax dollars. The format is simple and provides an overview of staff implementation actions. Please keep in mind that we are only three months into the fiscal year. Thus, work on many projects has not yet begun. Yet, we are optimistic that all work will be completed this fiscal year. Thru December 2017 the City has awarded approximately $977,000 worth of work from the surtax funds. The majority of this has been for street paving, striping and sidewalks for approximately $637,000. Of the $977,000, $278,700 was awarded to companies in Boynton Beach. As staff moves forward with projects they will be encouraging local vendors to participate in the bid/quote process. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Budgeted Projects are budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Page 440 of 508 Grant Amount: ATTACHMENTS: Type D Attachment D Attachment rb��11111 Description Dec 2017 Quarterly Summary IFY 17-18 Streets & Sidewalks projects FY 17-18 Projects without Streets Page 441 of 508 LOCAL GOVERNMENT SURTAX CAPITAL FUND SUMMARY Fiscal Year 2016-2017 Activity Commission approved R17-023 on February 21, 2017 approving FYI 6/17 Budget Estimated Revenues 3,200,000.00 Sidewalks 1,150,000.00 ADA Sidewalks 450,000.00 Street Improvement 1,500,000.00 Oyer Parking Lot Reseal 100,000.00 Estimated Revenues 3,200,000.00 Revenue thru 9/30/17 (3,177,508.33) Street Improvements approved for 1,500,000.00 Approved 8/1/17 All County Paving of Delray Beach - Restriping (175,685.91) Utilizing City of WPB Paving Contract 916393 Fiscal Year 2017-2018 Activity Approved 9/19/17 Cobra Construction Rehabilitation of sidewalks (150,308.00) 3 Quotes - Local Business Approved 9/19/17 Paving Lady Rehabilitation of sidewalks (19,800.00) 3 Quotes - Local Business Approved 10/17/17 All County Paving of Delray Beach -Rehab of Commerce Dr (98,285.00) Utilizing City of WPB Paving Contract 916393 Approved 11/7/17 All County Paving of Delray Beach-Restriping of streets (84,515.61) Utilizing City of WPB Paving Contract 916393 Approved 11/7/17 Transource Svcs Corp IT Projects (113,526.14) Utilizing State of FL contract Approved 11/7/17 STEPcg IT Projects (36,268.26) Utilizing State of FL contract Approved 11/21/17 Paving Lady Paving projects (108,584.00) 3 Quotes - Local Business Approved 12/5/17 Dell Marketing Dell workstations & Monitors (63,983.94) Utilizing State of FL contract Purchase order 11/2/17 Hartzell Painting Paint restroom ext Oyer Park (4,785.00) Utilize City of Miami contract Purchase order 12/8/17 Bliss Products Playground equipment -Meadows Park (74,704.83) Utilize Clay County contract Purchase order 12/26/17 Homrich Corp Removal poles and sails Oceanfront Pk (29,700.00) 3 Quotes Purchase order 12/27/17 Talley Walker Svcs -Window Repl Oyer Pk Coast Grd (16,915.00) 3 Quotes (801,375.78) Page 442 of 508 CITY OF BOYNTON BEACH FY 2017-18 ADOPTED BUDGET LOCAL GOVERNMENT SURTAX FUNDS Account Number Project 303-4904-541.63.0 Fund -Location - 303-4905-580.63-0 CP0266 Street Maintenance/Impv. FUND 303 TOTAL TRANSPORTATION/ROADWAY PROJECTS PROJECT NAME Exp Number 1 $ 303-4211-572.62-0 RP1852 Oyer Park - Parking Lot Resealing TOTAL RECREATION AND PARKS PROJECTS 303-4904-541.63-2 CP0263 Sidewalks - Replacement 303-4904-541.63.0 TR1701 Sidewalks Ramp -ADA (estimate) 303-4905-580.63-0 CP0266 Street Maintenance/Impv. FUND 303 TOTAL TRANSPORTATION/ROADWAY PROJECTS FY 2016 - 2017 thru 9/30/2017 FY 2017/18 Brought Forward FY 2017/18 Awarded FY 2017/18 Paid Budget Expenditure Available Adjustment s Budget 100,000 $ 100,000 $ 100,000 $ $ $ 100,000 $ - $ 100,000 $ 100,000 1 $ is 1,150,000 $ 1,150,000 $ 650,000 $ 170,108 $ 69,925 450,000 $ 450,000 $ 400,000 $ - $ - 1,500,000 175,6861 $ 1,324,314 $ 1,700,000 $ 291,385 $ - $ 3,100,000 1 $ 175,686 1 $ 2,924,314 1 $ 2,750,000 1 $ 461,493 1 $ 69,925 GRAND TOTAL I I S 3,200,000 1 S 175,686 1 S 3,024,314 1 S 2,850,000 1 S 461,493 1 S 69,925 S:\Finance\Govt Surtax (1%)\CIP 2017 - 2018 Adopted CIP Budget Fund 30Bage 1 of 1 1/Page/44-acf 508 CITY OF BOYNTON BEACH FY 2017-18 ADOPTED CIP BUDGET GOVERNMENT SURTAX FUNDS Account Number Fund -Location - Exp Project Number PROJECT NAME FY 2017/18 FY 2017/18 Adopted Awarded FY 2017/18 Comments Paid 303-4103-580.63-1 GG1801 Boynton Beach Blvd Extension - Landscaping & Irrigation 40,000 303-4103-580.63-1 GG1802 Boynton Beach Blvd (East ofFed. Hwy) - Planters Box Repairs 75,000 303-4107-573.62.01 GG1804 Children's Museum - Painting Exterior & Soffit Repair 35,000 303-4205-580.62-01 GG1820 Citywide Recreation and Parks Entry Signs 226,000 303-4130-580.62-01 GG1821 Head Start Center - Seal coat parking lot 10,000 303-4130-580.62-0 GG1822 Head Start Center - Seal coat parking lot ADA 4,000 303-4101-580.62-01 CP0703 General Government - Carpet Replacement 20,000 303-4125-580.62-03 GG1833 Pistol Range ADA* 6,784 303-4116-580.62-01 GG1834 Public Works Complex Painting 43,000 303-4116-580.62-01 GG1835 Public Works Compound - Sealcoat parking lot 9,000 303-4116-580.62-03 GG1836 Public Works Compound - Parking Lot ADA 11,000 303-4116-580.62-01 GG1837 Public Works Compound - Paint fuel tanks 4,000 303-4116-580.62-01 GG1838 Public Works Compound - Fleet Maintenance bay painting 50,000 303-4116-580.62-0 GG1840 Public Works Compound - ADA* 25,863 303-4116-580.62-01 GG1841 Public Works Compound - Drainage 20,000 303-4116-580.62-0 GG1842 Public Works Compound - Planning & Design 100,000 TOTAL GENERAL GOVERNMENT PROJECTS $ 679,647 $ $ $ 303-4106-572.64-18 Art Center CU -1 HVAC Replacement (Jul -30) (20250) 10,000 303-4234-572.64-1 GG1841 Boynton Mausoleum - RTU -1 HVAC Replacement 10,000 303-4209-572.64-1 GG1859 Ezell Hester AHU-6 (Small Room) HVAC Replacement () 5,400 303-4209-572.64-1 GG1860 Ezell Hester Center - RTU -1 HVAC Replacement 41,000 303-4209-572.64-1 GG1861 Ezell Hester Center - RTU -2 HVAC Replacement 41,000 303-4209-572.64-1 GG1862 Ezell Hester Center - RTU -3 HVAC Replacement 6,800 303-4209-572.64-1 GG1863 Ezell Hester Center - AHU-5a HVAC Replacement 21,000 303-4209-572.64-1 GG1864 Ezell Hester Center - CU -1 HVAC Replacement 6,800 303-4127-522.64-1 GG1868 Fire Station 3 - HVAC Replacement 54,000 303-4128-522.64-1 GG1869 Fire Station 4 - HVAC Replacement 8,000 303-4119-580.64-1 GG1870 Police Dept. 2 (FS 2) RTU -1 HVAC Replacement 10,250 303-4116-580.64-1 GG1871 Public Works AHU-2 - HVAC Replacement 3,400 303-4116-580.64-1 GG1872 Public Works BU -1 - HVAC Replacement 4,100 TOTAL GOVERNMENT FIVAC PROJECTS $ 221,750 $ $ $ 303-4101-580.64-1 R1`1801 Pence Park - Paint Roof of Bathroom Blgd 5,500 303-4101-580.64-1 RP1802 Oceanfront Park- paint -roof Pavilions, Bathrooms, Life Bldg 5,500 303-4101-580.64-1 RP1803 Boynton Lakes Park - Repaint Roof Pavilion 3,500 TOTAL GOVERNMENT ROOFING PROJECTS $ 14,500 $ $ $ 303-4234-572.62-01 RP1805 Barton Park - Replace Monument Sign & Paint Restroom 5,000 303-4238-572.63-0 RP 1604 Betty Thomas Neighborhood Park - Basketball Markings 2,000 303-4238-572.62-03 RP 1604 Betty Thomas Neighborhood Park - Basketball Markings ADA 3,700 303-4238-572.62-01 RP1807 Bicentennial (Dewey) Park - ADA* 2,558 303-4236-572.64-0 RP1808 Boynton Lakes Park - Parking Lot Seal Coat 5,000 303 -4236 -572.64 -Oz RP1809 Boynton Lakes Park - Park Furnishing 15,000 303 -4236 -572.64 -Oz RP1810 Boynton Lakes Park - Playground Equipment & Gazebo Painting 75,000 303-4236-572.64-0 RP1811 Boynton Lakes Park - Playground Equip & Gazebo Painting ADA 9,000 303-4234-572.62-0 RP 1812 Boynton Beach Memorial Park (Cemetery) - ADA* 29,145 303-4113-572.62-01 RP1804 Carolyn Sims Center and Denson Pool - Paint exterior 45,000 303-4113-572.63-01 RP 1814 Carolyn Sims Center Paint Pavilion and table 10,000 303-4214-572.62-01 RP1815 Denson Pool - Fence and Wall Repair 40,000 303-4241-572.62-01 RP1809 Edward Harmening Arbor Park - ADA* 3,756 303-4209-572.64-0 RP1810 Hester Center - Park Furnishing 151000 303-4209-572.63-04 RP 1614 Hester Center -Pavilion Pathway Repair 8,000 303-4209-572.62-01 RP 1642 Hester Center Building - Lobby Renovation Architect Services 30,000 S:\Finance\Govt Surtax (1%)\CIP 2017 - 2018 Adopted CIP Budget Fund 303 Page 1 of 4 1/Rage/4:44of 508 CITY OF BOYNTON BEACH FY 2017-18 ADOPTED CIP BUDGET CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT PROGRAM FY 2017/18 Account Number Fund -Location - Exp Project Number PROJECT NAME FY 2017/18 FY 2017/18 FY 2017/18 Comments Adopted Awarded Paid 303 -4209 -572.63 -Of RP1811 Hester Center Ball fields -Paint pavilion 5,000 303 -4209 -572.63 -if RP 1812 Hester Center - Irrigation Lines 320,000 303-4209-572.63-01 RP1813 Hester Center -Playground Restroom Painting 6,000 303 -4209 -572.63 -Of RP 1814 Hester Center - Scrub Fence 60,000 8,000 303 -4209 -572.63 -Of RP1815 Hester Center -Accessible route from Center to Park 303 -4209 -572.63 -Of RP 1816 Hester Center -Multi Purpose Field 50,000 303-4209-572.63-01 RP1817 Hester Center - Wood Pavilion Painting and roofing 8,000 303-4209-572.62-03 RP1818 Hester Center - Wood Pavilion Painting and roofing ADA 500 303-4299-572.62-03 RP 1819 Heritage Park - ADA* 858 303-4223-572.62-01 Intracoastal Park - Audio/Visual Upgrades 10,000 303-4223-572.62-01 RP1820 Intracoastal Park- Carpet Replacement 5,000 303-4223-572.62-01 RP1821 Intracoastal Park - Intracoastal Parking Lot Resealing 45,000 303-4223-572.62-01 RP1822 Intracoastal Park- Refurbish restrooms 50,000 303-4223-572.62-0 RP1823 Intracoastal Park- Refurbish restrooms ADA 25,000 303-4235-572.63-5 RP1824 Jaycee Park - Interpretive Art 10,000 303-4235-572.62-01 RP1825 Jaycee Park - Restroom Building Exterior Painting 12,000 303-4235-572.62-01 RP1826 JayceePark - Park Furnishings 10,000 303-4235-572.62-01 RP1827 Jaycee Park - Parking Lot Resealing 5,000 303-4235-572.62-0 RP1828 Jaycee Park Paint Pavilions 7,000 303-4235-572.62-0 RP1829 Jaycee Park Pour In Place repair 20,000 303-4237-572-62.01 RP1830 KnollwoodPark - Parking Lot 3,000 303-4231-572-63-0 RP1831 Laurel Hills Park - Basketball Court Restoration 8,000 303-4227-572.62-01 RP1833 Mangrove Park - Flooring 7,500 303 -4227 -572.63 -Of RP1835 Mangrove Park -Fence Repair 8,000 303-4227-572.63-01 RP1836 Mangrove Park -Bench replacement 3,000 303 -4227 -572.63 -Of RP1837 Mangrove Park- Interpretive markers 10,000 303-4227-572.63-04 RP1838 Mangrove Park - Refurbish Restrooms 6,000 303-4227-572.62-03 RP1839 Mangrove Park -Refurbish Restrooms ADA 7,000 303-4227-572.63-04 RP1840 Mangrove Park -benches and cans 8,000 303-4227-572.63-03 RP1841 Mangrove Walk at the Marina - ADA* 9,438 303-4216-572.62.01 RP1842 Meadows Park - Restroom Building Exterior Painting 6,000 303-4216-572.63.05 RP1843 Meadows Park - Fitness Trail Equipment 20,000 303-4216-572.63.05 RP1844 Meadows Park - Park Furnishings 30,000 303-4216-572.63.05 RP1845 Meadows Park - Pathways/Sidewalks Repair 75,000 303-4216-572.63.05 RP1846 Meadows Park - Tennis Courts Fencing 12,000 303-4216-572.63.05 RP1847 Meadows Park -Parking Lot Sealcoat 16,000 303-4216-572.62.01 RP1912 Meadows Park- Restroom Refurbishment 15,000 303-4216-572.63.05 RP1848 Meadows Park -Playground Equipment 95,000 74,705 303-4216-572.62.03 RP1848 Meadows Park -Playground Equipment ADA 16,000 303-4210-572.62-01 RP1849 Oceanfront Park - Parking Lot Lights 30,000 S:\Finance\Govt Surtax (1%)\CIP 2017 - 2018 Adopted CIP Budget Fund 303 Page 2 of 4 1/Rage/4:4&of 508 CITY OF BOYNTON BEACH FY 2017-18 ADOPTED CIP BUDGET 303-4210-572.62-01 RP1850 CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT PROGRAM FY 2017/18 Account Number Fund -Location - Exp Project Number PROJECT NAME FY 2017/18 Adopted FY 2017/18 FY 2017/18 Comments Awarded Paid 303-4210-572.62-0 RP1854 Oceanfront Park - Solar at Oceanfront Pole and sail removal 70,000 29,700 303-4210-572.62-0 RP2021 Oceanfront Park - Stair & Retaining Wall 40,000 Oceanfront Park -Center 303 -4210 -572.62 -OA RP 1920 Oceanfront Park - Plavaround Master Plan Design 75.000 Oceanfront Park- 303-4210-572.62-01 RP1850 Oceanfront Park - Sealcoatparkinglot 60,000 303-4210-572.62-0 RP1850 Oceanfront Park - SealcoatparkinglotADA 7,000 303-4210-572.62-01 RP1851 Oceanfront Park -Asphalt pathway 35,000 303-4210-572.62-01 RP2024 Oceanfront Park -Center Shade Sails and poles refurb 75,000 303-4210-572.63-01 RP1853 Oceanfront Park- Playground replacement 25,000 303-4211-572-63.0 RP1855 Oyer Park - Shade Sails 15,000 303-4211-572.62-01 RP1856 OyerPark- CoastGuardBldg.EntryRepair 30,000 303-4211-572.62-01 RP1857 Oyer Park- Coast Guard Bldg. and pavilion painting 14,000 303-4211-572.62-0 RP1858 Oyer Park- Coast Guard Bldg. and pavilion painting ADA 2,000 303-4211-572.62-01 RP1859 Oyer Park- Coast Guard Bldg. window replacement 7,000 303-4211-572.62-0 RP1860 Oyer Park- Coast Guard Bldg. window replacement ADA 7,000 303-4211-572.62-01 RP1861 Oyer Park - Park Ramp Assessment 25,000 303-4211-572.62-01 RP1856 Oyer Park- New Dumpster Enclosure 15,000 303-4211-572.62-01 RP1857 Oyer Park - Paint Restroom Exterior 5,000 4,785 303-4232-572-62.03 RP1858 Palmetto Greens Linear Park -Playground ADA 4,000 303-4232-572-62.01 RP1859 Palmetto Greens Linear Pk-Replace/maintain Picnic tables ADA 5,000 16,915 303-4232-572-62.01 RP1860 Palmetto Greens Linear Park- Overlay internal park path 8,000 303-4232-572-62.01 RP1860 Palmetto Greens Linear Park- Overlay internal park path ADA 4,000 303-4232-572-62.01 RP1635 Palmetto Greens Linear Park -Restroom Refurbishment 8,000 303-4232-572-62.01 RP1635 Palmetto Greens Linear Park- Restroom Refurbishment ADA 10,000 303-4232-572-63.Of RP1636 Palmetto Greens Linear Park -Parking Lot Sealcoat 6,000 303-4232-572-62.01 RP1636 Palmetto Greens Linear Park -Parking Lot Sealcoat ADA 7,000 303-4115-572.64-02 RP1861 Pence Park - Park Furnishings 6,000 303-4115-572.62-01 RPI 862 Pence Park -Paint Restroom exterior 5,000 303-4115-572.62-03 RP1863 Pence Park - Parking Spaces, new ADA 5,000 303-4217-572.63-01 RP1864 Pioneer Canal Park - Fishing Pier Repair 8,000 303-4217-572.62-03 RP1864 Pioneer Canal Park -Fishing Pier Path ADA 8,000 303-4217-572.63-04 RP1865 Pioneer Canal Park- Tennis Court Fencing 15,000 303 -4217 -572.63 -Of RP1866 Pioneer Canal Park- Basketball and Tennis Courts 16,000 303-4217-572.62-0 RP1866 Pioneer Canal Park- Basketball and Tennis Courts ADA 18,000 303 -4217 -572.64 -OZ RP1867 Pioneer Canal Park- Can, Benches and Grills 10,000 303-4217-572.62-0 RP1868 Pioneer Canal Park- Refurbish Volleyball court ADA 14,000 303-4217-572.62-01 RP1869 Pioneer Canal Park- Restroom Refurbishment 13,000 303-4217-572.62-0 RP1869 Pioneer Canal Park -Restroom ADA 16,000 303-4218-572.63-01 RP1871 Sara Sims Park - Park Furnishings 9,000 303 -4218 -572.63 -Of RP1873 Sara Sims Park Irrigation Upgrade 150,000 RP18xx Sara Sims Fence 300,000 303-4218-572.63-04 RP1874 Sara Sims Park Parking Lot 40,000 303-4218-572.62-03 RP1874 Sara Sims Park Parking Lot ADA 7,000 303-4218-572.63-04 RP1875 Sara Sims Park Pavilion 40,000 303-4218-572.62-03 RP2027 Sara Sims Park- ADA* 30,198 303-4218-572.63-04 RP1876 Sara Sims Park - Resodding 200,000 303-4111-572.62-01 RP1877 Senior Center - Flooring 38,000 303-4111-572.62-01 RP 1878 Senior Center - Patio & Awning Repairs 8,000 303-4212-572.63.05 RP1879 Tennis Center -Parking Lot Sealcoat 30,000 303-4212-572.62.03 RP1879 Tennis Center -Parking Lot Sealcoat ADA 5,000 303-4212-572.63.05 RP1880 Tennis Center -Parking Lot Median Upgrade 48,000 S:\Finance\Govt Surtax (1%)\CIP 2017 - 2018 Adopted CIP Budget Fund 303 Page 3 of 4 1/Rage/4:4&of 508 CITY OF BOYNTON BEACH FY 2017-18 ADOPTED CIP BUDGET CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT PROGRAM FY 2017/18 Account Number Fund -Location - Exp Project Number PROJECT NAME FY 2017/18 Adopted FY 2017/18 Awarded FY 2017/18 Paid Comments 303-4101-580.64-lz IT1803 Network Circuit Certifier 12,000 303-4101-580.64-11 IT1804 Campus Communications Fiber Replacement 55,000 303-4212-572.62.01 RP1881 Tennis Center -Entry Sign 3,000 45,000 43,193 11,698 303-4299-572.62.01 RP1882 Veterans Park - ADA* TOTAL RECREATION AND PARKS PROJECTS 1,072 $ 2,942,725 $ 126,105 $ $ 303-4101-522.62-01 FA1802 Fire Station 2 & 4 - Kitchen Renovations 80,000 303-4126-522.64-1 FA1803 Fire Station #2 - Women Restroom Repair 25,000 303-4127-522.64-1 FA1804 Fire Station #3 - Concrete Apron Expansion 15,000 303-4127-522.64-1 FA1901 Fire Station #3 - Bunk Area Restrooms Renovation 303 -4127 -522.63 -if FA1803 Fire Station #3 - Parking Lot Resealing 30,000 303-4127-522.62-01 FA1805 Fire Station #3 -Apparatus bay ceiling 30,000 303-4127-522.62-01 FA2004 Fire Station #3 -Apparatus Bay Renovation 303-4127-522.62-01 FA2005 Fire Station #3 -Parking Lot Lighting 303 -4101 -580.64 -if 303-4127-522.62-01 FA1806 Fire Station #3 - Community Room Ceiling Repl and Security 30,000 303-4127-522.62-01 FA1806 Fire Station #3 - Community Room Soffits and Lighting 30,000 303-4127-522.62-01 FA1807 Fire Station #3 - Sealcoat parking lot 23,000 303-4129-522.62-01 FA1808 Fire Station #5 -Pressure Wash & Patch Exterior 30,000 20,000 TOTAL PUBLIC SAFETY PROJECTS $ 293,000 1 S $ $ 303-4101-580.64-1 IT1802 Wi-Fi Expansion (City Wide) 12,000 303-4101-580.64-lz IT1803 Network Circuit Certifier 12,000 303-4101-580.64-11 IT1804 Campus Communications Fiber Replacement 55,000 303-4101-580.64-14 IT1805 Exagrid Backup Appliance 45,000 43,193 11,698 303-4101-580.64-14 IT1806 Replace Storage SAN at Disaster Recovery Site 50,000 45,503 737 303 -4101 -580.64 -if IT1807 Enterprise Video Surveillance System 0 303-4129-580.64-11 IT1808 Fire Station 5 Wi-Fi Replacement 20,000 303-4101-580.64-1 IT1809 Anti -Virus Replacement 25,000 303-4101-580.64-11 IT1811 PC Replacement 64,000 63,984 303 -4101 -580.64 -if IT 1812 PC Replacement - Utilities 20,000 303-4101-580.64-14 IT 1813 Server Replacement 45,000 41,739 303 -4101 -580.64 -if IT 1814 VSP7000 Switch - Data Center 20,000 19,359 19,359 303-4101-580.64-14 IT 1816 Network Infrastructure Replacement - SCADA - Utilities 20,000 303-4101-580.64-if.IT 1817 SAN Storage Replacement - SCADA - Utilities 50,000 303-4101-580.64-1 IT 1818 Server Replacement (SCADA) - Utilities TOTAL INFORMATION TECHNOLOGY PROJECTS 25,000 LL__463,000 I S 213,778 S 31,794 S CIP GRAND TOTAL 11 $ 4,614,622 1 S 339,883 1 S 31,794 1 S S:\Finance\Govt Surtax (1%)\CIP 2017 - 2018 Adopted CIP Budget Fund 303 Page 4 of 4 1/Rage/4:474of 508 10.B. CITY MANAGER'S REPORT 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Accept quarterly report on red light camera program (Oct 2017 -Dec 2017) EXPLANATION OF REQUEST: The commission has requested a quarterly report on the red light camera program. The attached charts shows the total violations by location for the period 9/1/17 - 12/12/17. 9/1/17 - 12/12/17 - 1,317 Warnings were issued 7,705 Notice of Violations were issued 9,022 Total 9/1/16 - 12/12/16 - 6,144 Notice of Violations were issued 47% increase from the 6,144 in 2016 to 9,022 in 2017. The fine is $158 per violation, the City remits $83 per violation to the State of Florida and retains $75 per violation to administer the program. The costs for the program for the time period October - December 2017 were Personnel $ 41,683 Operating 19,263 Camera Lease Pymts 191,250 Transfer to Gen Fund 25.000 Qtr total $277,196 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 448 of 508 Is this a grant? No Grant Amount: ATTACHMENTS: Type Attachment Description Qtr Statistics Fled Light Camera Oct -Dec 2017 Page 449 of 508 Ln O r- r - N N O C) 1 N N N O z Ln 0 co O LO 4- 0 O LO N O1 11.A. UNFINISHED BUSINESS 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Commissioner Romelus requested discussion relating to her recent appointment of a regular member of the Planning and Development Board as an alternate member of the new 2018 Board. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 451 of 508 12.A. NEW BUSINESS 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Authorize City Attorney to file request with Florida Supreme Court to file Amicus Curiae in support of City of Pembroke Pines. EXPLANATION OF REQUEST: The City of Pembroke Pines is appealing to the Florida Supreme Court a recent decision from the Fourth District Court of Appeal that found that the City was obligated to provide water service to a property within an adjoining municipality based upon its previous conduct, including constructing water facilities in the area and without the formal approval of the City's governing body. Previous court decisions have held that a municipal water utility may be compelled to provide water in unincorporated areas through a course of conduct expressing its intent to do so. However, unlike for unincorporated areas, Florida statutes do not permit the establishment of a service area within other municipalities. In the Pembroke Pines case, the City had installed water utility facilities to its border in the area of the property in question when the area was unincorporated. The area later became incorporated into a neighboring municipality. When the use of the property changed to a proposed privately operated immigration processing facility, the City Commission filed an action to determine whether it had a duty to provide water service for this use on property within a neighboring municipality. The appellate court found that it did, notwithstanding the lack of a contract or approval by the governing body of the City of Pembroke Pines. The recent appellate decision expanded the exception from previous cases relating to providing services in unincorporated areas and now a municipality may be compelled to provide water services to properties within adjoining municipalities without any contracts or approvals by a governing body because of a previous course of conduct by the municipal utility provider. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City operates a water utility and has an authorized water service area in neighboring unincorporated areas within which the City Commission has endorsed the policy of providing water. The appellate court decision may be viewed as intruding on the City Commission's future discretion on providing water beyond its currently established service areas, and within adjoining municipalities. It may be viewed as restricting the ability for the City Commission to change policy and decide that providing water to a particular property within an adjoining municipality is not in the City's best interest. FISCAL IMPACT: Non -budgeted Currently, the request is for authority to file a notice of intent to file an amicus brief in support of the City of Pembroke Pines. This will be done at no cost to the City of Boynton Beach. Should the Florida Supreme Court accept jurisdiction and permit the City of Boynton Beach to file an amicus brief, if at that time there would be a cost to the City of Boynton Beach, the City Attorney's Office would return to the City Commission for direction on how to proceed. ALTERNATIVES: Do not request to participate int he pending Florida Supreme Court appeal. STRATEGIC PLAN: Page 452 of 508 STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 453 of 508 12.B. NEW BUSINESS 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Approve the request of Commissioner Mack McCray to distribute $500 of his Community Support Funds to Robert E. Wells Day. EXPLANATION OF REQUEST. On the list of contributions Wells and his family gave to Boynton and the African American community is his work to found St. Paul's church, which is still in Boynton today and is the city's oldest church. Also, Wells was part of a group that asked the Dade County School Board to send a teacher to the area, which later helped to form the Boynton Colored School, now known as Poinciana Elementary. He platted the Wells Subdivision and helped build Wells Avenue, now known as MLK Boulevard, into a community for the residents with stores, bars and barber shops. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted Funds were included in approved FY 2017/18 Commission budget under account 001-1110-511-95-47, $2,000 per member. ALTERNATIVES: Do not approve use of funds. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description Addendum Communit Funds Request Form Page 454 of 508 R15-055 COMMUNITY SUPPORT FUNDS REQUESTFORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: Amount Requested: Recipient/Payee: Description of project, program, or activity to Part 11 - Availability of funds fund t//,2// 5 $ '�fs oo' I 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: There are funds available as requested There are insufficient funds available as requested 1/ I City Clerk Part III -Eligibility Evaluation J -'-_Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit t']-- The recipient/payee provides services within the City F�-The public purpose is beneficial to the entire commynity served bj tuchf donation Dated: By. Requesting ember Moft City 'Comrn n 12.C. NEW BUSINESS 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-012 -A resolution of the City of Boynton Beach opposing legislative efforts to impede the constitutional right Florida's citizens have to govern themselves under Municipal Home Rule Powers. EXPLANATION OF REQUEST: The Florida League of Cities has taken a stand to oppose legislative efforts to impede the constitutional right Floridians have enjoyed for nearly 50 years to govern themselves under municipal Home Rule powers. The league also opposes the Legislature's persistent intrusion into local finances, which are necessary to provide financial stability and essential services uniquely required by municipal residents and local business. The Board of Directors of the Palm Beach County League of Cities has requested that the governing bodies of Cities/Villages/Towns consider adopting a resolution that supports home rule and opposes legislation that would limit or interfere with municipal authorities. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? If adopted the resolution will be forwarded to the local League of Cities office and to the PBC Legislative Delegation office. FISCAL IMPACT: None ALTERNATIVES: Do not pass resolution STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 456 of 508 ATTACHMENTS: Type D Resolution Description Resolution supporting Home Rule Powers FL C Issue Briefs Page 457 of 508 I RESOLUTION NO. R18- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 OPPOSING LEGISLATIVE EFFORTS TO IMPEDE THE 4 CONSTITUTIONAL RIGHT FLORIDA'S CITIZENS HAVE ENJOYED 5 FOR NEARLY 50 YEARS TO GOVERN THEMSELVES UNDER 6 MUNICIPAL HOME RULE POWERS; OPPOSING THE 7 LEGISLATURE'S PERSISTENT INTRUSION INTO LOCAL 8 FINANCES, WHICH ARE NECESSARY TO PROVIDE FINANCIAL 9 STABILITY AND ESSENTIAL SERVICES UNIQUELY REQUIRED BY 10 MUNICIPAL RESIDENTS AND LOCAL BUSINESSES; DIRECTING 11 CITY ADMINISTRATION TO TRANSMIT A CERTIFIED COPY OF 12 THIS RESOLUTION TO THE FLORIDA LEAGUE OF CITIES, THE 13 PALM BEACH COUNTY LEGISLATIVE DELEGATION AND ANY 14 OTHER INTERESTED PARTIES; AND PROVIDING AN EFFECTIVE 15 DATE. 16 17 WHEREAS, it is the expressed will of the voters of Florida to have the right to govern 18 themselves under municipal Home Rule powers; and 19 WHEREAS, Floridians have possessed this constitutional right of local self - 20 government for nearly 50 years; and 21 WHEREAS, as the only form of voluntary government, Florida's municipalities are the 22 embodiment of the Florida Constitution's right of local self-government; and 23 WHEREAS, municipal Home Rule powers include all governmental, corporate and 24 proprietary powers necessary to conduct municipal government, perform municipal functions 25 and render municipal services for the unique benefit of the people who live and work within a 26 municipality; and 27 WHEREAS, Floridians exercise their Home Rule powers by voting to incorporate and 28 be governed under a municipal form of government for a variety of reasons, including increased 29 services, a unique business and residential environment, and greater voice in how their 30 government is run; and 31 WHEREAS, municipal citizens further exercise their Home Rule powers by voting on 32 a charter that specifies the desired form, functions and powers of their municipal government; 33 and 1 C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\595A73E5-9A61-4136-85EE-6DFOCO1B8582\Boynton Beach. 8503.1. Home Rule - Reso.Docx Page 458 of 508 34 WHEREAS, Floridians' constitutional right to govern themselves locally, under 35 municipal Home Rule powers and pursuant to their adopted municipal charters, is being 36 increasingly eroded and limited by actions of the Florida Legislature; and 37 WHEREAS, these actions of the Florida Legislature take power away from Florida 38 citizens to ensure their chosen municipal government provides their desired level of services, 39 offers their desired quality of life and otherwise meets their needs in a timely and effective 40 manner; and 41 WHEREAS, municipalities are authorized by the Florida Constitution and by general 42 law to levy ad valorem and other forms of local taxation, and are further authorized by general 43 law and their Home Rule powers to impose special assessments and fees; and 44 WHEREAS, municipal residents and local businesses pay local taxes, assessments and 45 fees for the specific purpose of obtaining and enhancing their desired level of municipal services 46 and amenities; and 47 WHEREAS, intrusion from the Florida Legislature into municipal finances prohibits 48 elected municipal leaders from meeting the expectations of their residents and local businesses 49 that local revenues will be used as intended; and 50 WHEREAS, the Florida League of Cities has included the protection of local self - 51 government under municipal Home Rule powers as one of its 2018 Legislative Priorities.. 52 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 53 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 54 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 55 being true and correct and are hereby made a specific part of this Resolution upon adoption 56 hereof. 57 Section 2. The City Commission of the City of Boynton Beach urges all members 58 of the Florida Legislature to oppose legislation that limits Floridians' constitutional right to 59 govern themselves under municipal Home Rule Powers. 60 Section 3. The City Commission of the City of Boynton Beach urges all members 61 of the Florida Legislature to oppose legislation that would interfere with or intrude into 62 municipal finances. 63 Section 4. The City Administration is directed to transmit a certified copy of this 64 Resolution to the Florida League of Cities, the Palm Beach County Legislative Delegation and 65 any other interested parties. M. 2 C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\595A73E5-9A61-4136-85EE-6DFOCO1B8582\Boynton Beach. 8503.1. Home Rule - Reso.Docx Page 459 of 508 67 M 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 Section 5. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of , 2018. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk (City Seal) VOTE YES NO 3 C:AProgram Files (X86)ANeevia.Com\DocconverterproATemp\NVDC\595A73E5-9A61-4136-85EE-6DFOCO1B8582\Boynton Beach. 8503.1. Home Rule - Reso.Docx Page 460 of 508 Local Self -Government Priority Statement: The Florida League of Cities seeks to strengthen and protect the fundamental concept of local self- government, and will OPPOSE legislative efforts to impede the constitutional right Floridians have enjoyed for nearly 50 years to govern themselves under municipal Home Rule powers. Additionally, the Florida League of Cities OPPOSES the Legislature's persistent intrusion into local finances, which are necessary to provide financial stability and essential services uniquely required by municipal residents and local businesses. Background: In Florida, local self-government is not a gift of the state Legislature... it is the expressed will of the people. It was added to the Florida Constitution nearly 50 years ago by a statewide vote of the electorate. Floridians voted to empower themselves with the right of local self-government, or Home Rule. As the only form of voluntary government, Florida's municipalities are the embodiment of this right. A city is created by its citizens for a variety of reasons, including increased services, a desirable business or residential environment, and more voice in how their government is run. Florida law specifies the standards for the formation of a municipality. The multi -step process is not an easy one, and it should not be. The process takes commitment, tenacity and hard work of residents who volunteer their time for the cause. Local citizens take the first step by having a feasibility study to determine if the community should incorporate, and they develop a charter that specifies the form, functions and power of their proposed city government. These steps can take a year or more to complete. Next, the proposal is presented to the Legislature for a review of whether it meets statutory requirements for incorporation. Following a successful review, the proposed charter is adopted by a special act of the Legislature. The final step must be taken by local citizens: approval of the incorporation and charter by voters in a local referendum. Home Rule authorizes the governmental, corporate and proprietary powers necessary to conduct municipal government, perform municipal functions, and render municipal services. At its core, Home Rule is demonstrated by the level of services provided within a municipality and, to a much lesser extent, by exercises of regulatory power. Citizens in cities expect various municipal services: water, sewer, garbage collection, storm water systems, roads, sidewalks, fire protection, law enforcement, parks and recreation. Citizens also expect municipal officials to exercise regulatory powers when necessary to protect public health, safety and community standards specific to the municipality in which they choose to live. These expectations cannot be met if municipal officials do not have the authority to respond to local needs and preferences, or to address them in a timely manner. Contact: David Cruz, Assistant General Counsel — 850-701-3676 — dcruz& lcities.co Page 461 of 508 Municipalities are authorized by the Florida Constitution to levy ad valorem taxes, and are further authorized by statute to levy other forms of local taxation. In addition, municipalities are authorized under their constitutional Home Rule powers to impose special assessments and fees for municipal services. Municipal citizens pay local taxes, assessments and fees for the specific purpose of obtaining and enhancing municipal services and amenities. Citizens expect their elected city leaders to use these local revenue proceeds for local municipal purposes, and not for state purposes (that should be paid for with state taxes). Home Rule is why no two cities are alike. City residents take pride in this diversity. Strong Home Rule powers ensure that government stays close to the people it serves. Intrusion on Home Rule from the state or federal government undermines the constitutional right of citizens to govern themselves. Intrusion from the state or federal government into local finances prohibits elected city leaders from meeting the expectations of their citizens that local revenues will be used as intended by the citizens. Status: CS/HB 17 (Fine) and SB 1158 (Passidomo), introduced in the 2017 legislative session, would have effectively preempted to the state the authority of municipal governments to impose local requirements on businesses, professions, commerce and trade. While the bills differed in approach, their ultimate effect was the same. In short, the right of local citizens to govern themselves through the exercise of municipal Home Rule powers would have been severely restricted. The bills eviscerated principles of local self-government by transferring local decision-making to the state Legislature. CS/HB 17 passed the House Careers & Competition Subcommittee but ultimately died in the House Commerce Committee. SB 1158 died in the Senate Commerce and Tourism Committee. In addition to CS/HB 17 and SB 1158, numerous proposals to restrict local self-government were introduced in the 2017 legislative session. Examples of 2017 proposals include, but are not limited to, the following issues: Building and Land Use; Small -Cell Wireless; Community Redevelopment Agencies; Vacation Rentals; Municipal Elections, Medical Marijuana; Concealed Weapons and Firearms; Firefighter Cancer Disability Presumption; Local Business Taxes; Fiscal Transparency; Ad Valorem Taxes; Stormwater and Wastewater Management; Traffic Infraction Detectors; and Drones. These proposals involved either preemptions of municipal powers or intrusion into municipal finances, and sometimes both. The League anticipates that legislative efforts to divest citizens of their powers of local self- government and transfer control over local decisions to the state Legislature will continue in the 2018 legislative session. Revised: 11/27/2017 Contact: David Cruz, Deputy General Counsel — 850-701-3676 — dcruz(�iicities.com Page 462 of 508 12.D. NEW BUSINESS 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Authorize the Mayor to attend the National League of Cities (NLC) Congressional City Conference in Washington, DC, March 11, 2018 thru March 14, 2018. The Mayor is requesting the City pay for the registration fee and one (1) night's hotel stay. EXPLANATION OF REQUEST: The City joined the National League of Cities this year. The Mayor has been appointed to the Community and Economic Development Committee. The Committee will meet during the NLC's Congressional City Conference in Washington, D.C., March 11-14, 2018. The Community & Economic Development Committee is responsible for developing policy positions on issues involving housing, community and economic development, land use, recreation and parks, historic preservation, and international competitiveness. The Mayor is requesting the City pay for the registration ($470) and one (1) hotel (approx. $279), he will pay for the airfare and any additional hotel costs above the one (1) night. In accordance with R07-150, travel by a member of the Commission needs to be approved by the City Commission. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted The Mayor is requesting that the City pay for the registration of $470 and one (1) nights hotel room for an estimated amount of $279 for total cost of $749. Funds for Commission travel are included in the adopted FY 17/18 budget under account 001-1110-511-40-12. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 463 of 508 Grant Amount: ATTACHMENTS: Type D Attachment D Attachment D Attachment D Attachment D Attachment D Attachment Page 464 of 508 Review and Check Out * Dashboard Steven Grant's Cart Q Add Items Registration (First Time Attendee) a9 $470.00 Closing General Session and Luncheon $0.00 1 @ $0.00 New Members and First -Time Attendees Breakfast $0.00 1 @ $0.00 L01 -Leadership 101 : REAL Action: Advancing Racial Equity in Local Government Part 1 $0.00 Ift 1 @ $0.00 1 -06 -Management and Public Administration 201: The New Workforce: Using Post Employment Benefits for Recruitment $0.00 12 1 @ $0.00 L13 -Advocacy, Communications & Engagement 101: Understanding Federal Advocacy $0.00 12 1 @ $0.00 Hispanic Elected Local Officials (HELD) activity fee (S40) $40.00 12 1 @ $40.00 Balance Due $510.00 ► Profile & Badae ► Demographics ► Guests Add Another Person Payment * How do you want to pay? O Check O Credit Card Mw Selecting Pay Now below will redirect you to our SecuRemit Payment site where you may enter your credit card information. Completing the payment process will return you to this website. * I authorize NLC/Experient to charge my credit card for the total amount above. 10 d1gicert S9CVA?f SSL Certificate (//www.digicert.com/ssl-certificate.htm) j * Cancellation Policy Page 465 of 508 Registration Change/Cancellation Information All requests must be received in writing, postmarked by February 16, 2018, and are subject to a s100 cancellation fee. No partial refunds will] be made if you decide not to attend particular functions. No registrations or cancellations will be accepted by telephone. No cancellations will be accepted after February 1-6, 2018. Hotel Change/Cancellation Information No cancellations will be accepted over the phone. Please submit all housing cancellations in writing to NLC@experient-ine.com, on or before Friday, February 16, 2018. Beginning on February 20, 2018, all changes and cancellations must be made directly with you confirmed hotel. The Marriott Wardman Park and Omni Shoreham hotels will change a one night's room and tax deposit on or after February 16, 2018. The Marriott Wardman Park will refund the deposit for any cancellations outside of 72 hours prior to arrival. The Omni Shoreham is non-refundable once charged. Bedding type preferences and special requests will be submitted to your confirmed hotel as requests only and cannot be guaranteed. Pay Now + Back * Dashboard CCC is coming soon! Make your plans today. 6111 '. 33 '. 42 days hours min sec - Show Information For more information, visit the CCC website at httl)7//CCC.nlc.orci/ (httl)7//CCC.nlc.orci/) - Get Social! (httDs://www.IinkedinDany/national- leaaue- of- (httDS7/OWMWAnAannkmcWn6ketME)buties/7 (https - Area Map Page 466 of 508 Accommodations >> Congressional City Conference ongressional Conference A J --,O Woor-1,1ev RIJ NVd C) "", 2010,08 �210) "),21,11,11 2100,10 2=1 Marriott Wardi-nan Park $279 00 SiIcg!-;Dcubjp Omni Shoreham $269 CDC, Thc, 1,104-d"', rrc ",fl Hhe mie""'00cm of the "N(wxflev a Adarvv-, n Pw z, CaiL,'Ma, bora' tru", and 01,'iasis r.l� r ,rr d "2 or! a,Wk jws' 2, ooile.rcoi M,.",arpw, N,".jholr<AAip.w and 1.0111, Xdllf- Airp,loll Ycu C"'In leo line la flif", "'(od'ey Park -,*,FIun ,-Lhefe Vou talk tW w1hr In fir"'W of 11w, IMMS Page I of I Page 467 of 508 http://ccc.nlc.org/accommodafions/ 1/8/2018 NLC University Seminars >> Congressional City Conference ongriessii 4 is ional Conference A Saturday, March 10, 2018 8 0 0 a or - 12 00 p im Leadershin 101- Taking REAL Action to Advance Raciad Equihs in Local Governryient Part t Page I of 3 I eaun I,uv, lu. 'al goveiurn{ N ic,'Iirlm, can fedurt1'1';,'ai a!v"I s rl,y civir: erl'taoenicnt rh[s si'-n'onar Vail ex,',�nnnl'- hcvt, -nadlve T], a - "IC31111 F'ineil rl�wr'� arr'w�-' rk"o Iwitlim [ I"aIn hoy, In. �*Ifl N'Irrt A 'ew rive App"catert r�) �1 j"' "'Je'lda 'Ii"'rrie Inc, n" lu 'rJenffv spc�ljfjc oprx'writiv" tt--I ",ad )cV '.,1kA-,' UiM "Avaw:i� , icr;M cqwt) l-vd )! 19 DO am - 5 00 prn Con-inituniLy & Economic Development 201MIThe Ui ban Plan for Fteicted 0fri6als F'wvehp"-'d ny "Io and 111'W'ule ('(p 1), 1,i:an Da,i ; a oafikrir angaging sir -mot,'Oj)a"Y. tartif par%'N le --4m abool VwvIjniiulienral i4tat m'To,,-,t whOt) t1lovolwmm"11 yi"'u 11 tp"l lhclwtr)-"„o 16, With [-160,is a, how fAl", an wal ieOm on,)mwt,warg privare �)nd publif role"', f"ornp-,x V"ade FafPl, and in play when ""(A(! Lai " Q('WHYO 9 00 aw - I '00 pim Leaderst'lip 201; Ciit ()j.,rQuf 5e in the Face- of tncivtfity Leaorll 10 =t II Ifi to flv("',, &.'w arr(i �w.,,ive 11 7"- r,0 im and gcl an t') volti to ure c y %, qcverr.w--q, YMP t ,w t'),e rtro,,'wrW,,%v i� ive �',owers of anij vtimr, r io'tagm-raluii V"Ilse chwqi; an,11 u'rnlrnotla 2 CIO prn - 5 00 prn Limdef'ship '101 - YOU won the elaction, now w1hat"? OVIC1315, rKrv'�"`,"!)UW fflL'W'V th lUi h0f,I l,anx"'1't tt t lII1 ris W lerlav',""' ""! dl it h"(! ' DU 1(r, C a e I ",r" "Mi "Ir, r. 0 IV " L. 'u a t ,alit or we ana fA k l Ct b i S I n cs�,, t it r, i e ry w r is I Te, a ttfl' 0, h, a 0 J 1 [404", Te"', W y ou r tai +1 r as pc,, ns, o ihI i,,, s I,% ,I re ,, o fj pl,lire im"t tirl„'" Conti rod, ie All flh, kv , '-,ur 1m;0 Hi':tva R', I; ou, pia i I, iia Nl6n,t 2 CIO prn - 6 00 prn t-eademtup 201 : REAL Acbon- Advancing RacjM EquIby in Loch Gover'nment F'On't H A,s t c.oWHwation W the 1"11 ie'veD com""o vi" -m ge'l '111 ot3porltimuly ft) 09 std lepo, arid leain fiomi t.ieejs about best ptia0io-s ',tritl challenges, Sr I ix, hoar a! 0 1 ally -" to da,r% uptF itioi budgl"[ I I bg ' u, I I r" 1 31 w-ihui is j,,'C ,w,X)N-rr I d kir ig and , "'r-, I I Cqjr;' It,,, I�'-Tdc"i I, j I "I a' I e a r, r hi- al uurnotxfirmIui ni a), ur , a,; oa olA , k"vI I yjw t) "A 61 wtv i','xenawsh f.itrn Ih,il N1 Mi Al CcWou,, l�,,, i:;thq 2 00 prn - F pm Page 468 of 508 http://ccc.nlc.org/nlc-university-pre-conference-training/ 1/8/2018 NLC University Seminars >> Congressional City Conference Age 2 of 3 Mampment a;A Public Adnannishation Zai. The New Workhome: Using Post Employment SeneWs for ReswUnflont AWmp smog for rt is a We% Q allEmoN nmM Gen Y Ar-nowars we Maned on niamenn Mew needs IAA fund cloltuag and Awlin Milkwob wivewni mone Man are NA of Meww"awn, pmenky a unque "plumc, I Nmd new laity t lay aHermg a skmg YeWemel-10 paaage 1AWNe has 4) we lim"Is M a TWOMM 1001 Mr me new prinsymn, Tommy 00=1,0 Sunday, March 11, 2018 8 00 am - 12 00 pm Leadership 301; REM Action- Advancing Racial Equity in Loc at Government Deep Dice As a conlInuaton of Me 1101 and 2111 cmirse, ItrirK us for a dear dive iionvrrsabon ino p' ow to break down bainers and find solutions recaned 0) Me cru cfrallri ngesiut adnireissij q 110MUtel WO 0 MUM YWW M QCX PWMH VY Ccm F me Lew! X I Go dirs 3 Cm mmm LnW en 9 00 am -12 00 pm Leadership 101: The Gthical Leader` Rules and Tools law a p5m WaMmisp is moo Man won hHunng Me Or" TM% sminar hinds munwon mwerY aNnes m asms mr-rOws Mat cNallem,"e rpwab and inam OAKi Degmnmg WIM sane, M oak,n"'!' me selirurl"'v r.iur, !rc Ink"r wKe NOMA= 0 eAl Me elawks A a mumnal ONpsi hart m.rils arn ftvn challenges 9114-`Mbr,��', M applv ffia1 r Irllir 2 00 pm - 5 30 prn Community 11 Ecrano micDwelopri-I M Lemmging Community Assets Through Public Private Partnershnps %W"MInk A M %Mrs jaiMOV irraga niq Nmnk MMOA", wkyle YmNaMormly My My ,'mold de rimid(n In vi in a wide Aqe M inkninmWe a M PMV WMW WS AS a IK WR wisols am lo0mg Wr inn,amt, wap W sup pon econoriw O"MpmM munnpilowlMig u1noUs and wakrivastew,dw syslems POk N"K PadnendWs U41 .,1 am moreaim g, Mina qyAled 10 ash s0rnrI of learn Roao'-rq " 2 00 pm - 5 00 prn Lasideinship 201: The EM&W ABAr FmWrfig a CWWm of Ethics bri0d 0r) dr - vel ors'..do In 1 Ile, E!t[crl me"'IJel t' and ,rid "MYnar MnMm at expanded and 01) rr.);lermj wWw 0 doin wchar eq &AM xUrn N WlAn I yalhoi lkatl %me Level 201 CuY Court Lmdo0w CT!b 3 Cast SOO enno hit Cold sanan M I SMO rewnr 2 00 pm - 5 00 prn tAinagernent & Public AMANiRm"n Mi: Effective City Council & City Niadaget' Teamwork mcmd oma3r; ano me ar,, manmen masnoni as a warnfil, sorjjcr,' To cit"rer"S warn ra,,-IoLnn_ sei;s ror ene"".'Ilve uN11"f'.'1'G'rK Si ew On n, maerre r mid muned ON WM no w phxMIns Y NMWe MAW aNd n,aaariwe werrangs anam a hey woN envallowra an,Qlean y TAne n15 Hear on"k. V -Cm wannnol 0; Wants r, rill ovep 30 y. ws of 2 00 pm - 5 00 prn Safety, Health & Hurnan DevveWpnnent 1 M � HeMMy CRAP, l'layo-s an�"' ("ll", pla'/ a Aofs"Ole q "W ovqall neNth WV weirreing 0 Me UMS WY Wwns It Seive twins eve twunly orly leaders are WW" w1on k; Mckess We undet"ay Is MM HIMMWO TQWM Old MqWW MO mWIMMM013 WWW lWir MuMnIS WO ONK WO Play I M, semmar is designed W soot vrou capaciv W wyk acmm Nv C jpYnx ;h od"o , 1JAMMMEARGIAM i 45 pan - 3 0 pm Advocacy ConnnnumcaUons, & Engagement 101 U n de stand Kg:Federal Advocacy Page 469 of 508 http://ccc.nlc.org/nlc-university-pre-conference-training/ 1/8/2018 NLC University Seminars >> Congressional City Conference Page 3 of 3 Now Tml ,,r' ,i ve z0,,erJI1I1IpA a n -,-W -ig V; III Yc'mr eliaP tni,N° co? T h'r, ';essjnn will �-,rppa,e, yo"u tosta", or 4on0inue. a strona, -,vor King vin yr,', effecfivecv to, cl(:e', te slativo prvovhGe'� Learn �nore-' alb-"',ut eql-"Wor�, deveiop ,our ov,,,n gjr On C�'Ipl�ol HM and lobb,, (t pel;cnal!zt,d cpeed' on vc rd, W:,,j uz rnvr,- ual NLC u- 10 30 a in - 12 1, p n-, Advocacy, Communications F Engagement 201 � DeMing with the Media 1, c,"Im uume a'bcju( !,ie [�',.nds 3 uiw InnCum ,-irdav 'md ue( "OalWgf."-, ro [a 11„0'. [I ,i lige rne"'fia �>�rove' Ilow ft"� "s, ual 'r-'av) fi! _1 d "VVI ffk"'do WW'flVIc'A"dC Page 470 of 508 http://ccc.nlc.org/nlc-university-pre-conference-training/ 1/8/2018 Home >> Congressional City Conference ongressii 4 is ional Conference A Americans Trust Local Leaders Most t earn about the issues and speak up for your conwrtunity There's strength in numbers. mak4-iq cities strong together. Page I of I N'r�(r-'Ial o! f roe' os",!orr'II C A !'1 (5 1 no a R I', u'81 lire'.' "x",,i � I er t"i '1 1,105; 1 N't LV ,1 t( 'Nil"�' rol"Onaw wawin""t local offirjal�., na(ionvdide wil, lake plau,', ir) Washington, C} C. March 11-14r t�rIljl p'e conference' NLC UniVer51tY Senninars on March 10-11 acre 0 civv Will ij,"'thet (,t repv$",""el'A "It'id a"Aw,"'He to", tnlee'ems o! n qie Nal idle Lr-" C"'aplal eV clIr,", e eii TV- VOO'C" J,,,r(ri Joilq.i -,;al'id 's Ot Or"il if) , V-Y"lshin .", t oil [,"r c U c' ru,'pi f i(, roll i"i f Are,", 0, U r �Ii t le S Effecti'very advocate to, municipal 1rcrities I ea I 41.E os I t"- �, pal In P",. t'l I ij ',' Y„t !"I To t I o r a i It dr ll;(,, S SU'lle"gicaliv expand v'Our nli-Id aIyi- Announcements Keynote Speaker Update Poi,ed January 4, 2018 Emmy Nnning PoliijcA Jouirmlisl Bol.,,, Schitiffei Expo nericed InfijimN] Cic�djble AddleFllrt',-, del Hales Mi)nday 111carch 1"'I during If ol'.,aning genoral =. siorj Ono of the nafikwi's nirm revo-,ad report*,5,of all tinie,$r.nieffar bfings a difigonl,jack. of all irado� apj',',r,), ch i'0 his, v, do aaoqmg oxperli,'a VVitt �43 ve;,"v m 11UY rev") and '16 pa,al CBS Nev,,, Pho torn rloderahor ,if oce Naijon sezved as i steirly on air Rrfirg b Page 471 of 508 http://ccc.nlc.org/ 1/8/2018 Chair Gyna Bivens Councilmember Forth Worth, Texas !M NLCNATIONAL LEAGUE OF CITIES 1 1 1111P7 P7 Vice Chair Lou La Monte Councilmember Malibu, California Ben Reed, Councilman, Gadsden John Laney, Mayor, Demopolis Shelly Barnhart, Councilmember, Lincoln Jesse Matthews, Council Member, Bessemer Cynthia Toles, Council member, Gadsden Gilbert Lopez, Director, Development Services, Coolidge Tadeo De La Hoya, City Manager, San Luis Jamie Aldama, Councilmember, Glendale Christian Price, Mayor, Maricopa Vice Chair Kevin Thompson Councilmember Mesa, Arizona Page 472 of 508 Guy Phillips, Scottsdale City Councilman, Scottsdale Frank Fogleman, Mayor, Marion Marina Brooks, Council Member, Sherwood Tyler Dunegan, Council Member, Osceola Donald Terry, Mayor, Rancho Cordova Cecilia Hupp, Mayor, Brea Chris Clark, City Councilmember, Mountain View Cheryl Heitmann, Council member, Ventura �� +0 Bonnie Finley, City Councilwoman, Longmont Kathleen Turley, City council member, Centennial Paolo Diaz, Councilmember, Commerce City Jeanette Herron, City Council, Bridgeport Leon "Rusty" Johnson, Mayor, Ocoee Steven Grant, Mayor, Boynton Beach Jolien Caraballo, Councilwoman, Port Saint Lucie George Mensah, Director, Miami Samuel B. Ings, City Commissioner, Orlando Joseph Scuotto, Commissioner, Sunrise Mary Ross Wilkerson, Vice -Mayor, Belle Glade Christina Hobbs, Mayor Pro Tem, Union City Joyce Sheperd, City Council, Atlanta Deana Holiday Ingraham, Councilmember, East Point John Ostenburg, Mayor, Park Forest Jason Ashmore, Mayor, Sesser Carl Evans, Councilman, Chicago Chemberly Cummings, City Council Member, Normal Robin Rue Simmons, Alderman, Evanston Page 473 of 508 James Clendenin, Council Member, Wichita Sara Caylor, Mayor, Ottawa Stephanie Meyer, City Council Member, Shawnee Kentucky Marianne Butler, Councilwoman, Louisville Rose Roche, Director, Port Allen Maryland Emmett Jordan, Mayor, Greenbelt Laurie -Anne Sayles, Councilmember, Gaithersburg Michigan Patricia Lockwood, Mayor Pro -Tem, Fenton ME Jeff Weisensel, City Council Member, Rosemount Mississippi Joyce Arceneaux-Mathis, Mayor Pro -Tempore, Alderwoman-Ward 1, Natchez Aaron Banks, Councilman, Jackson Heather Hall, City Council Person, Kansas City Cyndy Andrus, Deputy Mayor, Bozeman Nevada Kristopher Dahir, Councilman, Sparks Mary Homan, Trustee, Los Ranchos de Albuquerque 1, 5 . � W Michael Patterson, Member of Council NE District, Rochester Page 474 of 508 Ohio Richard Shaw, Councilmember, Huber Heights Luke Feeney, Mayor, Chillicothe Russel Neal, Councilman, Akron Johnnie Warren, Council President, Oakwood Village Craig Thurmond, Mayor, Broken Arrow Oregon Jim Fairchild, Councilor, Dallas Pennsylvania Matt Pacifico, Mayor, Altoona Henry Horn-Pyatt, Sm Biz & Neighborhood Redevelopment Mgr, Pittsburgh Valerie Cooper, Councilwoman, Norristown David Madsen, Harrisburg City Councilman, Harrisburg 7 1 t01 i* aM" James Diossa, Mayor, Central Falls South Carolina Mary Jeffcoat, City Council Member, Myrtle Beach James Hubbard, Alderman, Springfield Texas Omar Narvaez, Dallas City Council Member, Dallas Kevin Felder, Dallas City Council Member, Dallas Prentiss Madison, City Councilmember, Bryan Douglas Athas, Mayor, Garland Lana Wolff, Council member, Arlington Alice Rodriguez, City Council Member, Waco Utah Kent Bush, City Council Member, Clearfield Page 475 of 508 Virginia Sharon Scott, Councilmember, Newport News Washington Judy Tuohy, City Council President, Everett John Holman, City Council Member, Auburn Page 476 of 508 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 477 of 508 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 478 of 508 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 479 of 508 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 480 of 508 14.A. FUTURE AGENDA ITEMS 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Members of the Commission has requested to review and discuss the Public Arts Ordinance - February 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 481 of 508 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Staff to review PBC Ordinance on Panhandlers - March 2018 EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: 14. B. FUTURE AGENDA ITEMS 1/16/2018 Page 482 of 508 14.C. FUTURE AGENDA ITEMS 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 483 of 508 14.D. FUTURE AGENDA ITEMS 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: Mayor Grant has requested staff to review sign ordinance as it relates to people holding signs in public rights of ways - TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 484 of 508 14.E. FUTURE AGENDA ITEMS 1/16/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 1/16/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 17-021 - SECOND READING - Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -initiated. (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) PROPOSED ORDINANCE NO. 17-022 - SECOND READING - Amending Ordinance 02-013 to Rezone a Parcel of Land Described Herein and Commonly Referred to as Town Square From Public Usage (Pu); Recreation (Rec) And Multifamily (R-3) to Mixed Use 3 (Mu -3). (First Reading approved 8/15, Second Reading to coincide with approval of the Master Plan) EXPLANATION OF REQUEST: This future land use amendment and rezoning have been initiated by City staff in preparation for the redevelopment of the civic campus, now referred to as Town Square, into a mix use project. The project is proposed as a partnership between the City, the CRA and the private development team, based on the Public - Private Partnership (P3) development model pursuant to Chapter 255.065, Florida Statutes. In addition to the civic campus, the subject actions apply to the property occupied by the Park Lane Condominium, a small condominium development partially surrounded by the project area. At present there is no formal, full Master Plan application for the project accompanying the zoning request. Since 2015, the City has been able to proactively initiate and process future land use reclassifications and rezonings to selected sites for which there already is a specific vision, supported by a redevelopment or other plan of major importance. The subject request meets this criterion, as the Town Square project is supported by both the CRA Plan and the City's Strategic Plan. The proposed Mixed Use Medium (MXM) future land use category implements the CRA Plan's FLU recommendation for the property. The maximum density for the MXM is 50 du/acre. However, since the site is located within the Downtown Transit -Oriented Development (DTOD) district, its redevelopment density can potentially be increased by 25%, to 63 du/acre. Currently, the City is considering linking eligibility for a 25% density bonus to participation in the Workforce Housing Program. Since the site exceeds 10 acre, the amendment, if approved, will have to undergo state review prior to the City final approval. Moreover, the requested Mixed Use Medium FLU classification, as well as the MU -3 zoning district, require updates to the regulatory framework, including the Comprehensive Plan Future Land Use Element and the Land Development Regulations (LDRs). The Comprehensive Plan amendments were adopted by the City Commission on July 18th and subsequently resent to the state for a final review. If not challenged, the amendments will become effective 31 days after amendment package is deemed complete. Amendments to the LDRs—currently in drafting—will implement the Comprehensive Plan -modified FLU structure as well as changes to the zoning structure recommended by the CRA Plan. The LDR amendments Page 485 of 508 are anticipated to be adopted by September 19th. The Planning and Development Board recommended denial of the subject request on July 25, 2017. The chief concern was perceived lack of adequate protection for historic properties.. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The relocation/rehousing of city departments planned as part of the Town Square project has a potential to significantly enhance efficiency of the public service provision. FISCAL IMPACT: The project will generate new ad valorem tax stream revenues from the previously tax exempt properties through the involvement of the private sector. ALTERNATIVES: Staff does not recommend any alternatives. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: This action represents a critical task for achieving the "Town Square Redevelopment" strategic objective. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type r D Ordinance D Staff Report D Location Map D Exhibit D Exhibit D Exhibit D Exhibit D Exhibit Description Ordinance approving Town Square Land Use Amendment Ordinance approving Rezoning of Town Square Staff Report Location Map Exhibit B1 Exhibit B2 Exhibit C1 Exhibit C2 Exhibit D Page 486 of 508 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR PROPERTY COMMONLY KNOWN AS TOWN SQUARE AND DESCRIBED HEREIN, OWNED BY THE CITY OF BOYNTON BEACH; CHANGING THE LAND USE DESIGNATION FROM PUBLIC AND PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) AND HIGH DENSITY RESIDENTIAL TO MIXED USE MEDIUM(MXM); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after two (2) public hearings the City Commission acting in its dual capacity as Local Planning Agency and City Commission finds that the amendment hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it in the best interest of the inhabitants of said City to amend the Future Land Use Element (designation) of the Comprehensive Plan as hereinafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The foregoing WHEREAS clauses are true and correct and incorporated herein by this reference. Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect the following: Page 487 of 508 31 That the Future Land Use of the following described land described in Exhibit "A" is 32 amended from Public and Private Governmental/Institutional (PPGI) and High Density 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Residential (HDR) to: MIXED USE MEDIUM (MXM). Section 3 : This Ordinance shall take effect on adoption, subject to the review, challenge, or appeal provisions provided by the Florida Local Government Comprehensive Planning and Land Development Regulation Act. No party shall be vested of any right by virtue of the adoption of this Ordinance until all statutory required review is complete and all legal challenges, including appeals, are exhausted. In the event that the effective date is established by state law or special act, the provisions of state act shall control. FIRST READING this day of , 2017. SECOND, FINAL READING and PASSAGE this day of , 2017. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE YES NO Page 488 of 508 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ORDINANCE NO. 17 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE 02- 013 TO REZONE A PARCEL OF LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS TOWN SQUARE FROM PUBLIC USAGE (PU); RECREATION (REC) AND MULTIFAMILY (R-3) TO MIXED USE 3 (MU -3); PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 15 and 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the City of Boynton Beach, owner of the property has made application to rezone a parcel of land, said land being more particularly described hereinafter, from Public Usage (PU); Recreation (REC) and Multifamily (R-3) to Mixed Use 3 (MU -3); and WHEREAS, the City Commission conducted public hearings as required by law and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 489 of 508 31 Section 2. The land described in Exhibit "A" be and the same is hereby rezoned 32 from PU Public Usage; REC Recreation and R-3 Multifamily to Mixed Use 3 (MU -3). A 33 location map is attached hereto as Exhibit "B" and made a part of this Ordinance by 34 reference. 35 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 36 accordingly. 37 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 38 repealed. 39 Section 5. Should any section or provision of this Ordinance or any portion thereof 40 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 41 the remainder of this Ordinance. 42 Section 6. This ordinance shall become effective immediately upon passage. 43 FIRST READING this day of , 2017. 44 SECOND, FINAL READING and PASSAGE this day of , 2017. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Joe Casello ATTEST: Judith A. Pyle, CMC City Clerk VOTE C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 490 of 508 66 67 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D06F304-491E-437D-8541-40828E375B54\Boynton Be ach.6369.1. Town_S quare_ -_Rezone. do c Page 491 of 508 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 17-001 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: July 10, 2017 PROJECT: Town Square LUAR 17-005 REQUEST: Approve Town Square Future Land Use Map Amendment from Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) to Mixed Use Medium (MXM) and rezone from PU Public Usage, REC Recreation and R-3 Multifamily to MU -3 Mixed Use 3 zoning district. City -initiated. PROJECT DESCRIPTION Property Owner: City of Boynton Beach (7 parcels) and owners of 14 Park Lane Condominium units Applicant: City of Boynton Beach Location: Area bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south (Exhibit "A") Existing Land Use/ Zoning: Public and Private Governmental/Institutional (PPGI) and High Density Residential (HDR) / PU Public Usage; REC Recreation and R-3 Multifamily (no residential allowed in PPGI and REC; maximum density of 11 du/acre in R-3); see Exhibit "1131" and Exhibit "1132" Proposed Land Use/ Zoning: Mixed Use Medium (MXM) / MU -3 Mixed Use 3 zoning district Page 492 of 508 Page 2 Town Square LUAR 17-005 (maximum density 50 du/acre plus 25% density bonus for Downtown TOD District); see Exhibit "Cl" and Exhibit "C2" Acreage: +/- 16.5 acres Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north, developed commercial properties classified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial District); South: Right-of-way for SE 2nd Avenue, and farther south, 10 developed single-family homes and 1 vacant parcel, classified Low Density Residential (LDR) and Medium Density Residential (MEDR) and zoned R -1-A, (Single -Family Residential District) and R-2, (Single- and Two -Family Residential District); East: Right-of-way for NE/SE 1St Street; on the Northeast side, a developed commercial property clasified Local Retail Commercial (LRC) and zoned C-3 (Community Commercial); further south, a parking lot and Green Acres condominium, both classified High Density Residential (HDR) and zoned R-3, Multi -Family; further south, a vacant parcel and Ocean East Apartments, both classified Local Retail Commercial (LRC) and zoned R-3, Multi - Family; the Vivienne condominium on the south side has the same zoning but is classified High Density Residential (HDR); in the southeastern section, two developed single-family homes and a duplex classified Low Density Residential (LDR) and zoned R- 1 -A, (Single -Family Residential District). West: Right-of-way for Seacrest Boulevard; on the Northwest side, the USPS facility and an office building, both classified Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial District); farther south, First United Methodist Church, classified High Density Residential (HDR) and zoned R-3, Multi -Family (on the part of properties fronting Seacrest Boulevard); south of W. Ocean Avenue, developed single-family homes and small residential rental properties, classified High Density Residential (HDR) and zoned R-3, Multi -Family. 2 Page 493 of 508 Page 3 Town Square LUAR 17-005 BACKGROUND The Site The subject area covers four blocks, bounded by Seacrest Boulevard on the west, NE 1St Street on the east, Boynton Beach Boulevard on the north and SE 2nd Avenue on the south. It includes seven (7) parcels owned by the City of Boynton Beach, for a total of 15.05 acres, the right-of-way for NE 1St Avenue of 0.7 acre, part of the right-of-way for SE 1St Avenue of approximately 0.09 acres (currently with no future land use classification or zoning designation) and a 14 -unit Park Lane condominium site on approximately 0.63 acres. The City -owned parcels contain the civic campus with the following structures: • 1913 Schoolhouse Museum, including amphitheatre • Art Center • City Hall Complex, including parking garage • Civic Center • Old High School • Kid's Kingdom Playground • Library • Madsen Senior Center (presently housing Code Compliance), including shuffleboard courts As a redevelopment site, the property has several pertinent locational characteristcs: • It is situated within the Community Redevelopment Area, giving a potential development access to a number of incentives, and allowing the Community Redevelopment Agency to become a partner in the incoming project (see "The Proposed Action" section below); • It is enclosed within the Downtown Transit -Oriented Development (DTOD) district, which covers a '/2 mile radius around the intersection of Boynton Beach Boulevard and NE 4t" Street, the site of the future station for the planned Tri -Rail Coastal Link commuter train system on the FEC Rail, which will provide passenger service between Miami and West Plam Beach. The DTOD district regulations support increased intensity of development through a 25% density bonus. • It is also enclosed within both the Coastal Residential Exception area, which exempts all residential development east of 1-95 from the Palm Beach County traffic concurrency, and the Transportation Concurrency Exception Area (TCEA), which, while setting limits on the amount of development that will be allowed, carries additional traffic concurrency exemption for commercial and other non-residential development. 3 Page 494 of 508 Page 4 Town Square LUAR 17-005 • The site is split between two CRA districts, the Cultural District and the Boynton Beach Boulvard District, which—together with four others—have been identified and designated as distinctive planning areas by the CRA Community Redevelopment Plan adopted in October of 2016. (See Exhibit "D") The addition of the Park Lane Condominium site squares the project's boundary. The site lays within the Cultural district and is a subject to the same future land use CRA Plan's recommendation as the Town Square. The Proposed Action This action—the future land use amendment and rezoning—has been initiated by City staff in preparation for the redevelopment of the civic campus, now referred to as Town Square, into a mix use project. The project is proposed as a partnership between the City, the CRA and the private development team, based on the Public -Private Partnership (P3) development model pursuant to Chapter 255.065, Florida Statutes. P3s are agreements formed between public and private entities that allow for greater private -sector participation in the financing and delivery of public building and infrastructure projects. (In February of 2015, the City adopted Resolution 15-020, which established procedures for processing of P3s.) Even though a conceptual Town Square Master Plan has been made public, at present there is no Master Plan application for the project accompanying the subject zoning request as would be required by the Land Development Regulations (LDRs) for a privately -initiated application involving a planned zoning district. Since 2015, the City has been able to proactively initiate and process future land use reclassification and rezoning to selected sites—if recommended by a significant planning document(s)— without a concurrent review of a master plan. Such "proactive" actions assures that these properties will have the recommended future land use classification and a corresponding zoning designation "on the ground," ready for incoming projects. The City makes use of this provision for sites for which there already is a specific vision, supported by a redevelopment or other plan of major importance. The subject request meets this criterion, as the Town Square project is supported both by the 2016 CRA Community Redevelopment Plan and the City's Strategic Plan. Previous FLU Amendment/Rezoning Applications for the Site In 2013, the City processed a FLU amendment and rezoning for a small part of the subject site (about 2 acres) occupied by the Old High School, as part of a development agreement in a public/private partnership with an applicant planning the renovation and adaptive reuse of the building. Of the two requests, for a mixed use future land use and zoning, only the first one was approved by the City Commission. The project was subsequently abandoned and the City took the action to revert the site to its previous (and current) PPGI future land use classification. ALI Page 495 of 508 Page 5 Town Square LUAR 17-005 Prerequisites for Approval: the Process The regulatory framework for the requested FLU classification of Mixed Use Medium (MXM) and the zoning designation of MU -3 Mixed Use 3 has not as yet been completed. The framework requires text amendments to both the Comprehensive Plan Future Land Use Element and the Land Development Regulations (LDRs). The status of this process is as follows: • The Comprehensive Plan amendments were adopted by the City Commission on July 18th and subsequently resent to the state for a final review. If not challenged, the amendments will become effective 31 days after amendment package is deemed complete (anticipated by September 1S) • Amendments to the LDRs—currently in drafting—will implement the Comprehensive Plan -modified FLU structure as well as changes to the zoning structure recommended by the CRA Plan. The LDR amendments are anticipated to be adopted by September 19th Since the size of the property under consideration for the Town Square project exceeds ten acres, the proposed FLU amendments are subject to the Expedited State Review Process per provisions of Chapter 163.3184(3) and (5), Florida Statutes. The Expedited State Review Process applies to all comprehensive plan amendments except for small scale amendments and amendments that must follow the State Coordinated Review Process, such as the Evaluation and Appraisal Review (EAR) -based amendments to the Coastal Management Element adopted by the City in 2016. If the Commission approves the proposed amendments, they will be transmitted for review to the Florida Department of Economic Opportunity (DEO), the state land planning agency. The final adoption by the City Commission is tentatively scheduled for October 17th, by which date the required regulatory framework will be updated. REVIEW BASED ON CRITERIA The following analysis adresses all the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. (although City -initiated requests must meet at a minimum criterion "b"): a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. A need for redevelopment of the Boynton Beach civic campus has been recognized for over 20 years. The campus occupies a large track of land close to downtown, and has a 5 Page 496 of 508 Page 6 Town Square LUAR 17-005 significant potential to contribute to the quality of the downtown experience through the creation of an attractive, functionally unified built environment. In its current condition, it represents an inefficient use of the valuable land in the City's center, with several disconnected sections, a few obsolete/outdated structures and a historic Old High School building in a state of severe disrepair. It has also been recognized early on that redevelopment of the Town Square and, specifically, the adaptive reuse of the High School, will likely require an involvement of the private sector. In 2015, the City decided on the use of the P3 process in transforming Town Square into a mixed use project with civic as well as residential and commercial uses, and included the project as a high priority item in its Strategic Plan. The project requires a mixed use future land use classification to allow for addition of residential and commercial uses not permitted under the current Public and Private Governmental/Institutional category. The choice of the Mixed Use Medium (MXM) category with a density cap of 50 du/acre (with an additional Downtown TOD District's 25% density bonus) fulfills the recommendation of the CRA Community Redevelopment Plan warranted by the project's proximity to the core of the downtown and to the future station of the planned Coastal Link commuter train service. The MXM category is in- between the proposed new Mixed Use Low, with the density cap of 20 du/acre arguably too low for the location, and the Mixed Use High (renamed Mixed Use Core), whose 80 du/acre density cap is reserved for the core of the downtown. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with Comprehensive Plan and Redevelopment Plan The future land use classification of MXM proposed for the site is consistent with, and implements, the CRA Community Redevelopment Plan's recommendations for the Cultural and Boynton Beach Boulevard districts in the subject location (the site is split between the two districts). The proposed FLU amendment and rezoning is also explicitely consistent with a number of the policies of the Comprehensive Plan pertaining to mixed use development, most importantly (current) policies 1.18.1 and 1.18.2 of the Future Land Use element: Policy 1.18.1 The City shall implement the Transit -Oriented Development (TOD) approach, as described in the 2012 Florida Department of Transportation's TOD Guidebook, to manage future growth within a mile radius around the intersection of Ocean Avenue and the Florida East Coast rail corridor, which is the anticipated location of the Downtown Boynton Beach Station for the planned commuter C Page 497 of 508 Page 7 Town Square LUAR 17-005 Tri -Rail Coastal Link service on the FEC Corridor. This area will be referred as the Downtown TOD District hereforth. The inner %-mile core of this District shall be designed to accommodate the greatest density and intensity of development. Policy 1. 18.2 The City shall aim to transform the Downtown TOD District area into an active, mixed-use, pedestrian -friendly activity zone, supporting new housing to increase potential ridership, intensifying land development activity, and adding amenities and destination uses for future transit riders. The City shall strive to achieve this goal through facilitating compact, high density and intensity development of a varied mix of land uses. Note that not only is the subject property located within the DTOD District, but most of its area falls within the transit core (the District's 1/4—mile radius), therefore justifying the requested MXM future land use classification which would allow a maximum density of 63 du/acre (with the District's 25% density bonus). Consistency with Land Development Regulations (LDR) See "Prerequisits for Approval: the Process" section on page 4 of this report. The Land Development regulations implementing the new future land use/zoning structure will be adopted prior to the adoption of the proposed amendment, anticipated in October. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. It is indeed the staff's opinion that the proposed FLUM reclassification and rezoning would result in more desirable and sustainable growth for the community and improve the general public welfare. While both actions will temporarily create "isolated" districts, the requested FLU category (as already stated) is consistent with the recommendation of the CRA Plan, which also recommends the MXM category for areas west (between Boynton Beach Boulevard and 1St NW Avenue only), north, and east of Town Square (see Exhibit D). Going forward, these recommendations aim to achieve a major transformation of the subject area, implementing the City's and the CRA's vision for it. d. Sustainability. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would support the integration of a mix of land uses consistent with the 7 Page 498 of 508 Page 8 Town Square LUAR 17-005 Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses; 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM amendment and rezoning clearly meets the definition of "sustainable" as it supports a mixed use, high density redevelopment of the site. Residents and visitors will have access to public transit via Palm Tran bus service on Seacrest and Boynton Beach boulevards (with bus stops located in front of the proposed project), as well as, in the future, to the planned Coastal Link commuter train service. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Traffic. The property is under the Coastal Residential exception and TCEA designations and is therefore exempted from the concurrency requirements of the Palm Beach County Traffic Performance Standards Ordinance. (The required Traffic Statement will be submitted with a site plan/master plan package.) The monitoring of the maximum allowable residential uses and square footage of commercial, industrial and other non- residential uses as well as applicable use ratios under the TCEA Planned 2025 Land Use Table indicate that the current (cumulative) numbers remain significantly off the allowable thresholds. Schools. The School Capacity Availability Determination application will be submitted with a site plan/master plan package. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and 9 Page 499 of 508 Page 9 Town Square LUAR 17-005 (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The adjacent and nearby properties include both residential and commercial uses, albeit low rise, while the maximum height of the proposed zoning is 75 feet. However, as indicated in response to criterion "c," future uses in the areas northwest, north and east of the subject property are planned to be compatible in general character and scale to the Town Square project as per recommendations of the CRA Plan. Possible incompatiblity with single-family homes along SE 2nd Avenue will be addressed at the site plan review phase through the project's design. The redevelopment of the subject site is expected to spur more redevelopment activities in the surrounding area, and positively affect the property values. The potential positive impacts will be magnified by the eventual availability of the Coastal Link train commuter service. As was already stated in this report, the need for redevelopment of the Boynton's civic campus has long been recognized as vital for both the area and the city as a whole, and now has a strong support in the CRA Community Redevelopment Plan, the City's Strategic Plan and the Economic Development (ED) Strategic Plan. The requested actions lay the groundwork for the realization of the City's vision for the Town Square. g. Direct Economic Development Benefits. For rezoning/ FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As mentioned above (criterion 'T'), the Town Square project is supported by the City 2016-2021 ED Strategic Plan—which has now supplanted the Economic Development Program—and therefore the requested actions meet criterion g(1). Specifically, the project is listed under the ED Strategic Plan's ACTION PLAN FOR CHANGE, Goal 4, Objective 4.1: Promote Economic Development /Redevelopment in the Eastern Section of the City; Strategy 4.1.4.: Work with the CRA to develop a Town Spuare in the downtown to include City Hall, Library, Children's School House Museum, Old Hiph 9 Page 500 of 508 Page 10 Town Square LUAR 17-005 School, Civic Center, Arts Center, and Madsen Center. The proposed FLUM amendment/rezoning supports a project that would constitute a major catalyst for creating a successful, lively downtown, bringing more development to the area and attracting more residents and visitors to the City. The project would or at least has a potential to: • Generate new ad valorem tax stream revenues from the previously tax exempt properties through the involvement of the private sector (criterion g2); • Respond to the community needs by enhancing efficiency of the public service provision (criterion g3); • Create jobs, though most will likely be low wage retail positions; and • Alleviate economic/functional obsolescence in the subject area, including underutilization of land on the subject property (criterion g7). In addition, the requested actions and the project they will support include restoration/preservation and adaptive reuse of the Old High School. h. Commercial and Industrial Land Supply The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g" above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The proposed FLUM amendment and rezoning would add a commercial component to the civic campus: the current land use and zoning do not allow commercial uses. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A (See responses above to criteria "a," "b," and "c.") 10 Page 501 of 508 Page 11 Town Square LUAR 17-005 j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The City -initiated rezonings can proceed in advance of the master plan submittal. When submitted, the master plan will comply with Land Development Regulations (see the "Prerequisites for Approval: the Process" section of this report). CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed requests and determined that they are consistent with the policies of the Comprehensive Plan and implement the recommendations of the CRA Community Redevelopment Plan, the City's Strategic Plan and the Economic Development Strategic Plan. It is anticipated that the Comprehensive Plan and LDR amendments required for the approval of the proposed FLU Map amendment and rezoning will be finalized prior to its expected adoption date. Staff recommends approval of the proposed Future Land Use Map amendments for the transmittal to the State for an Expedited State Review. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Town Square LUAR 17-005\Town Square LUAR 17-005 Staff Report.doc 11 Page 502 of 508 CITY OF BOYNTON BEACH EXHIBIT A TOWN SQUARE LOCATION MAP Legend Town Square Q Future Coastal Link station Transit Core Area Park Lane Condominium Total Town Square area: 16.5 acres 0 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 503 of 508 CITY OF BOYNTON BEACH EXHIBIT 131 CURRENT FLU CLASSIFICATIONS FOR TOWN SQUARE AND ADJACENT AREAS NE 3rd Ave E Boynton Beach Blvd NE 1st E Ocean Ave st zna Legend Future Land Use Classifications LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre _ HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) INDUSTRIAL (1) PUBLIC & PRIVATE GOVERNMENTAL/INSTITUTIONAL (PPGI) Town Square 0�. � t l l ��M1, f ., Last amended October 20, 2015 N W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 504 of 508 CITY OF BOYNTON BEACH EXHIBIT B2 CURRENT ZONING DESIGNATIONS FOR TOWN SQUARE AND ADJACENT AREAS NE 3rd Ave Legend c Zoning designations R1A Single Family • 0 R2 Duplex R3 Multi Family 0 C2 Neighborhood Commercial C3 Community Commercial SE 2nd Ave SE 3rd Ave C4 General Commercial CBD Central Business District 0 M1 Light Industrial PU Public Usage 0 REC Recreation 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Town Square Page 505 of 508 CITY OF BOYNTON BEACH EXHIBIT C1 PROPOSED FLU CLASSIFICATION FOR TOWN SQUARE* NE 3rd Ave E Boynton Beach Blvd st zna Legend • LOW DENSITY RESIDENTIAL (LDR) Max. 5 D.U./Acre MEDIUM DENSITY RESIDENTIAL (MEDR) Max. 10 D.U./Acre HIGH DENSITY RESIDENTIAL (HDR) Max. 11 D.U./Acre • `K..�.., , LOCAL RETAIL COMMERCIAL (LRC) GENERAL COMMERCIAL (GC) INDUSTRIAL (1) Mixed Use (MX), Max. Density 40 du/acre MIXED USE Medium (MXM), Max. Density 50 D.U./Acre Town Square Ave �. � f f f ��M1, f ., * NOTE: Areas adjacent to Town Square shown N with the current FLU classifications W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 506 of 508 CITY OF BOYNTON BEACH EXHIBIT C2 PROPOSED ZONING DESIGNATION FOR TOWN SQUARE Legend c Zoning designations R1A Single Family • 0 R2 Duplex R3 Multi Family 0 C2 Neighborhood Commercial C3 Community Commercial NE 3rd Ave E Boynton Beach Blvd E Ocean Ave SE 2nd Ave SE 3rd Ave C4 General Commercial CBD Central Business District 0 M1 Light Industrial MU -3 Mixed Use 3 Town Square P . 0/ 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 507 of 508 CITY OF BOYNTON BEACH: TOWN SQUARE EXHIBIT D CRA COMMUNITY REDEVELOPMENT PLAN'S FLU RECOMMENDATIONS FOR CULTURAL AND AND BOYNTON BEACH BOULEVARD DISTRICTS LEGEND Town Square Cultural District Q Boynton Beach Blvd District �a Mixed Use High (MXH), Max. Density 80 D.U./Acre -� Mixed Use Medium (MXM), Max. Density 50 D.U./Acre ' Low Density Residential , Max. Density 7.5 D.U./Acre N W E S 0 0.0125 0.025 0.05 0.075 0.1 Miles Source: Palm Beach County GIS Digital Data 2006-2015 Copyright Palm Beach County Florida 2006-2015 All rights reserved - Subject to a Licence Agreement Page 508 of 508